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HomeMy WebLinkAbout2001-06-18 (Regular) Meeting Agenda Packet• • - • ,. . ... • - Englewood City Council Meeting June 18, 2001 ORD II !°' 31, 32, 33, 34, 35, 36, 37, 38, 39 RESO 11/ 48, 49, SO, 51, 52, 53, 54, 55, 56, 57, 58, 59 • .. • I 0 • .. 0 0 I • • • • • I . Call lo Order • I • .. • ' • .. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO Rr&ular Session June 18,2001 .. The regular lllCC'ting of the Englewood City Council was called to order by Mayor Bums at 7:35 p .m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Plcd1cofAllc&iantt The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present : Absent : Council Members Nabholz, Grazulis, Garren, Wolosyn Yurchick., Burns Council Member Bradshaw A quorum was present. Mayor Burns advised that Mayor Pro Tem Bradshaw was under the weather tonight, and Council was sorry she was not present . 5 . Also Present : Mlnulcs C ity Manager Sears City Attorney Brotzman Deputy City Clerk Castle Business Development Specialist Hollingsworth Manager of Open Space Lee Director Ross , Public Works Director Olson, Safety Services Assistant City Manager Flaherty Court Administrator Wolfe Director Simpson, Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 2001. Ayes : Council Members Nabholz, Garren. Wolosyn, Yurchick, Grazulis, Burns ays : None Absent: Council Member Bradshaw The motion carried. 6 . Sd1ed•lcd Vlsilon . . ' • I • 0 - • • -• Englewood City C ouncil June 18 , 200 I Page 2 ·,, • • - (a) JoaMe Antoniuk, 3675 South Cherokee Street. presented a petition 10 City Council regarding traffic concerns along South Broadway. Mayor Bums said we are all curious as to how you got this many signature s . ... Ms. Antoniuk said she went everywhere to get them. She sa id an accident was the impetus for the pet11ion she submitted to Englewood City Council. She sa id he was dnvmg north on Broadway. and entered the left tum lane to go west on Kenyo n, awaned the ye llow hght , then proceeded mto the intersection. Unfortunately. she said, her car was hit and made a I SO -degree tum. She wa not injured in the accident, she advised. but her car was in the repair shop for two months. This occurred on January 23. 200 I at 3 : 10 p .m .. just as students were dismissed from Flood Middle School. h was a miracle that no students were injured. she said, and she resolved at that rime to take action to aven such accidents. When she called th e traffic engineer of Englewood the following day, she learned that Broadway 1s a state highway. That seemed to present an insurmountable problem for one citizen to undertake. she said . Ms. Antoniuk said her conscience would not let her rest until she staned the petition for left-tum arro"'s on Broadway. She did not learn that the City of Englewood is responsible for the lights along Broad"ay until the end of May. long after w had stancd the petition. Although the petitions are for Kenyon and Oxford. the distance from Belleview north on Broadway to Highway 285 offers drivers no alternau,·e for left-hand rums to go east or "''<'SI except on the yellow light . Traffic on Broadway is horrendous. she assened. and ",II undoubtedly mcrease when TREX 1s underway. Signatures to the petition have been given eagerly, and many have questioned .. 11y there arc only two avenues on the petitions. Much concern ha s been voiced regarding the diffic ulty to get to the recreation center on Oxford from Broadway. The maJonty of the comments have bttn m regard to the two busiest avenues, Oxford and Dartmouth. she advised. She said her cffons g leaned 1,169 signatures, and she also has copies of the fifty-five signatures collected by two other persons. She passed out copies of the additional signatures to Council. Ms. Antoniuk advised that Traffic Engineering Analyst Vostry has been very helpful. The statistics regarding traffic counts and accidents are avai labl e from him, w said. The cost of tum signals on Broadway 1s very expensive. she acl'1lo"ledged . S he asked 1f n would be feasible to put this to a vote of the cnizens. One other problem, she obserwd, 1s that there are only three traffic pohcc officers for the City of Englewood. That seems very inadequate for a c 11 y of 30.000, she opmed, when traffic is escalating. She commended the City for the present traffic study. smce the last study was done in 1978. The $100,000.00 allotted for it is a great deal of money. She adv, ed that she has attended four of the meetings and regrets that attendance has been so small . Perhaps the 6 :00 p .m. meetings were a factor for working parents "~th children, she said, suggesting that another time might be considered for the July and August meetings. Hopefully, she said, more citizens will panicipate thi s sununer. Kenyon Avenue is the molehill, she said, and traffic in Englewood is the mountain. She thanked Council for their consideration. She asked for those persons. who came to support the petitions, to stand. Eight persons in the audience stood. Mayor Bums thanked Ms. Antoniuk and the others who came in suppon . We appreciate yo ur interest in thi s s ubject, he said . We will have some questions later in the meeting for Public Works, he said . 7 . Unsd1eduled Visitors There were no unscheduled visitors. 8 . Communkatiom, Prodamations and Appointments (a) A proclamation honoring Bishop Elementary School Principal Gary Pri ce , on the occasion of his retirement, was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING BISHOP ELEMENT ARY SCHOOL PRINCIPAL GARY PRICE, I • 0 • • • ' .. • - Englewood City Council June 18 , 2001 Page 3 WHO HAS SERVED ENGLEWOOD SCHOOLS FOR THE LAST TWENTY-THREE YEARS. ON THE OCCASION OF HIS RETIREMENT. Ayes: Na ys : Absent : The motion carried. Council Member.; Nabholz, Garren. Wolosyn , Yurchick. Grazuhs. Burns None Council Member Bradshaw Mayor Burns read the proclamation aloud. and asked for a round of applause for Mr. Pri ce . Gary Price told Council he was deeply honored and humbled . He acc epted the proclamation. conunentmg that it was a .,.cry kind gesture . The twenty-three years that he ha s ser.,.ed this communit y. both at Englewood High School and Bishop Elementary, have been top fli ght. he said. It ha s been his pleasure to be associated, not only with the school district . but the City as well , he sa id . adding that the y are all very kind and gracious people. He wished everyone luck and success in the future. Mayor Bums said he had some parting gifts to give to Mr. Price, and to Cher Tully. principal ofColorado·s Finest Al1emativc High School. Ms. Tully could not be with us this evening. he said . Ma yor Bums said he had gifts for each. The it= from the Parks and Recreation Department included cenificates for rounds of golf, 111ith can. and dliny-adrnission punch cards for the Recreation Center. He said both Mr. Price and Ms. Tully were avid fly-fishermen and the hats penain to that . Also, there were golf shins for each. Mr . Price received a baseball signed by the staff of the Parks and Recreation Depanrnent. Mayor Bums said these gifts were given with our best wishes and he told Mr. Price to ha ve fun playing golf. He recalled that he first knew Mr . Price when he was principal of the high school, and really enjoyed working with him. He also wished the best to Ms . Tully . 9 . Publk Hearin& No public hearing was scheduled before Council. I 0 . Consent A&enda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEM 10 (b) (i). (a) Approval of Ordinances on First Reading There were no additional items submined for approval on fir.;t reading . (See Agenda hem 11 -Regular Agenda) . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 30, SERIES OF 2001 (CO 'C IL BILL NO. 30. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEME NT E. TITLE D ""DEPARTMENT OF THE ARMY RIGHT OF E TRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE" BETWEEN THE U.S . ARMY CORP OF ENGINEERS AND THE C ITY OF ENGLEWOOD PERTAINING TO THE PLACEMENT OF HIGH-VOLU ME AIR MONITORING UN IT AT THE ENGLEWOOD GOLF COURSE . (c) Resolutions and Motions I • 0 ] • • Englewood City Council June 18. 2001 Page4 • .. ' -.. There were no additional resolutions and motions submined for approval. (See Agenda Item 11 (c) (1) - Regular Agenda .) Vote results: Ayes : Nays: Absent : The motion carried. 11 . Reiular Acenda Council Members Nabholz, Garren , Wolosyn, Yurchick, Grazulis, Burns None Council Member Bradshaw (a) Approval of Ordinances on First Reading (i) Business Development Specialist Hollingsworth presented a re commendation from the Comrnuuty Development Department to adopt a bill for an ordinance entering into an intergovernmental agreement accepting funds through the Colorado Brownfields Cleanup Rernl\'lng Loan Fund for env1ronmental cleanup at Centennial Park . The Centennial Park cleanup loan w1 II be rn the amount ofS705 .000.00, should Council choose to enter into thdoan. he said. The funds will be used to fund the environmental cleanup of the site through a ten-year loan, with a two-year deferral. Pa )inent for the loan will begin in 2003, he advised. This loan is a rwo percent loan. quite a favorable terrn fo r the 11 y. and is drawing a great deal of national attention. Without this loan, we might not have been able to beg111 the process to have this park expansion, he explained. This loan, again, is the number one largest loan 111 the country funded by the U.S. Environmental Protection Agency and is the seventh loan in the country. He said he was seeking Council ·s approval to go ahead with this request and enter into thi s IGA . Mayor Burns said this was mentioned at the groundbreaking for the ball field . As many of you know, th, is a Rockies baseball field and will be a terrific project, he said. We had a wonderful opening. \\1th a b,g attendance and a lot of enthusiasm. This is the special, unique Brownfields loan for cleanup and ,s, so far , the largest one in the country, he said, so we are, indeed. gening national recognition for thi s proJect. COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 31. COUNCIL BILL NO. 31 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE ENTERING AN INTERGOVERNMENTAL AGREEMENT WITH THE U.S . ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS ASSESSMENT PILOT PROGRAM FOR ENVIRONMENTAL CLEANUP OF THE CENTENNIAL PARK EXPANSION S IT E . Vote results: Ayes: 'ays: Absent: The motion carried. Council Members Nabholz, Garren. Wolosyn, Yurchick, Grazulis, Bums None Council Member Bradshaw (b) Approval of Ordinances on Second Reading There were no further Items submined for approval on second reading . (See Agenda Item IO (b) -Consent Agenda .) (c) Resolutions and Motions I • 0 ] • • Englewood City Council June 18, 2001 Page 5 .. • .. • -' (i) Manager of Open Space Lee presented a recommendation from the Parks and Recreation Department to adopt a resolution authorizing an agreement for the granting of a crossing license from the Union Pacific Railway Co~ny to the City of Englewood for the continued de\'elopment of the Big Dry Creek Bike Path and Trail. This trail began m 1993 , he advised . The second phase was completed in 1998, which went through Belleview Park. This is the third and final phase, which will complete the trail down to the South Plane River m the Mary Carter Greenway bike path. This is the last section. he said, and the railway is granting us a crossing lie= to go under there. and South Suburban will do the construction ponion ofthis and will maintain the bike path after it is completed. Mr. Lee said he belie,·es there 111111 also be a bridge spanning the Plane River, which ts due for construction in July. Mayor Burns asked tfthe bndgc is now scheduled for construction . Mr. Lee said yes, it is hi s understanding that it -.111 be in late Jul y. Mayor Burns said this has been a very co~licated project, as we all know. and it took a lot of staff time to put this together, and a lot of cooperation from adjacent businesses . He felt it was qutte a successful project. It has taken work from Englewood, Littleton, the recreation district, the parks foundation, and a lot of different entities, be said, and it will be a wonderful amenity for that area. The resolution was assigned a number and read by title . RESOLUTION NO. 47 , SERIES OF 2001 A RESOLUTION APPROVING AN AGREEMENT FOR THE GRANTING OF A LICENSE BY UN IO PACIFIC RAILROAD COMPANY TO THE CITY OF ENGLEWOOD FOR THE BIG DRY CREEK TRAIL. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (t) (I) -RESOLUTION NO. 47, SERIES OF 2001. Ayes : Council Members Nabholz, Garren. Wolosyn. Nays: Absent: Y urchick, Grazulis, Burns None Council Member Bradshaw The motion carried. 12. General Disrunlon (a) Mayor's Choice (i) Mayor Burns said he understood that the Tent Talk was a rousmg success last week, and he was sorry he was out of town and unable to be there . (ii) Mayor Burns advised that there would not be a DRCOG Board meetmg thi s month. (iii) Mayor Burns said he had a question from the project updates about the elevator in this building. from the first floor to the second. He said it seems to be gening rather badl y behind schedule. A recent memo said the fabrication time is eight to ten weeks for that, when an earlier memo said it was going to be finished in July. City Manager Stars said be could answer britfly and then maybe Public Works Director Ross could step in . He said be askrd that question of Davt Henderson this morning, and, apparently. there was a conflict berween Saundc.rs Construction and Tryba. in terms of the same issue that we had -.1th the other elevator. " ' I • 0 • • Englewood Ci ty Council June 18. 2001 Page 6 • • - Apparently that has been dealt with, he said. Tryba has signed ofT on that ele\"ator and 11 1s bemg fabri cated at this point in time. Unfortunatel y, it is till a month or r, ·o before 1t can be installed. he said . Director Ross said that was pretty accurate, at least that 1s what we are saying this week . Mayor Burns said fabrication means they are putting it together. but doe not mea n ms tallau on. JUS t constructing it. Mr. Ross agreed. Mayor Bums said our May I O"' memo said II would be finished in Jul y. and the May 31" memo said it would be eight to ten weeks for fabncauon . Then yo u ha ve to have installation after that , he said. Mr. Ross said that is correct. Mayor Bums said we are lookin g at the lam·r part of August, then, for it to be operational. Mr. Ross said he was not willing to speculate. but would check on that to see what the best guess is from the contractor. He allowed that Mayor Bums was correct that it probably won ·1 be installed and operating until August. (iv) Mayor Bums commented on the petition Counci l received tonight. Obviously there was the widening project nonh of Hi ghwa y 285 on Broadway. which has been very successful. and provided tum lanes and all the good things folks are talking about for south on Broadway. It 1s pan of ou r on-going traffic study to determine what needs we might ha,·e o n Broadway. He asked 1f we are u mg th e same techniques to determine what the needs are south of Highway 285 that we used nonh of 2 5. He asked if there are any funds ava ilable to do some si milar widening. He said he reali zed there "a a larger expanse there and 11 was probably ,·ery expensive . He said he did not know ho, we approach th ese concerns 1f, indeed. they seem valid . Director Ross said he did not know 1f we could go back to the well where we got federal funds for th e median and landscape improvements north of 285 . The anal ys is is the same as far as domg warrant rud1e s. he said . You can·1 add any more time to those s ignal s, so when you decide to put up a left tum arrow, and provide that exclusive left , you are taking away time from the thro ugh traffic . That 1s "h)' CDOT ha created these warrants , to make sure you are not robbing the majority of the people, th e 40.000 vehi cles a day on the through traffic, m order to provide for a few hundred ,·eh1cles a da y who want to make a left tum. he explained. So they have volume 11varrants . accident warrants. and delay warrants , or the amount of time you are sitting at the intersecnon because you cannot get through 11. That I what we always try to do . we try to do that kind of anal ysis to deterrrune whether we have th e warrants there . he said. Traffic Engineering Analyst Vostry hued an engineering concern. he aid. and we got the repon back today . It indicates we do meet volume warrants at Oxford. so it would be very appropnate for us to come to Ci ty Council and ask for S 150,000.00 to put in a left arrow at Oxford and Broadway. and try to do it m next year·s budget, if Council agrees. The problem is that e,·erything south of2 5 1s old equipment. COOT did not bring everything up to standards when we agreed to take over that stretch of hi ghwa y, he explained. We are dealing with old equipment where eve!)1hing needs to be replaced. The ma st amtS won 't suppon the additional equipment and the hardware and software won 't do 11. We ""II need to install loo ps. so 11 will be very pricey, he advised . Agam, we are hesitant , as engineers, to go in there and stan pulling in traffic s ignals and left turns where it 1s not warranted, because you arc gomg to stan affecting the through traffi c on Broadway. If you start afTectmg that. then all of a sudden you have peo ple pla ymg traffic engineer and saying okay, is Logan faster. 1s Windermere faster , and then they are diving ofT of Broadwa y to avoid traffic problems, and that is what "'e want to try to avoid, he said . It is going to be one of those catch twenty-twos, he said. We are going to ask Carter and Burgess to take a look at it , and make recommendations. Obviously. Ms . Antoniuk is very correct, that was one of the consistent themes that we heard from the residents who came out to our transponation planning efTon, that they need left tum . But we also heard that they hate 10 see people diving ofTofthe anerials into the re sidential areas. so -.e are going to have to try to balance that as much as we can. Council Member Grazulis felt that the people who tum onto Oxford are our res ident , more than JU t people pass mg through . She felt it would be prudent to provide as much safety as possi ble to th em m their tra, el in Englewood . She recognized that the other fony thousand cars a day are just tra veling through, and they • I • 0 • • .- Englewood City Council June 18 , 2001 Page 7 • • - are the ones that are speeding to get through . She assened that she feels there should be a tum hght al Oxford . Council Member Nabholz said we should be very diligent about the hght at Kenyo n. also, in e II 1s so close to Flood Middle School. In both of those. areas there is a 101 oftraffi on Broadway. and 10 try 10 make a left tum to take your child 10 sc hool is difficuh. she srressed. You do take a hon u1 throu gh the neighborhood to get there. because you cannot tum left. but I sincerely hope yo u look al Kenyon as well as Oxford. she said. Ms. Nabholz told Joanne Antoniuk that she rnar\'el s at what she did. She said she ought to campaign, because this is unreal. She thanked her for taking the time to care about what 1s goin g on. Council Member Yurchick asked Director Ross if time could be taken off the side streets 10 add 10 the ma111 thoroughfare . He asked if there was excess time on Oxford or Ken yon. D1rec1or Ro ss said. because the majority of cars are traveling up and down Broadway, we have maxed out . as much as we possibly can. the nonh/south and we keep the side srreet time as low as possible. We will be providing left turns, ifwe go that route, but all those people trying to go straight through \\ill be delayed. We will make maximum use of Caner and Burgess, and will do the best we can. but it all comes down to the all-mighty dollar. As I said, there are six intersections that we are talking about . At S 150.000.00 a crack. we are ta lking $900,000.00 if we are going to stan pumng left hand turns and providing exclusive left tum arrows at each one of those signals, he said. Mayor Bums said then ii is the signal more than the amount of room yo u have on the road surface . You have that, but the question is Just the signaling and the tu.ming . Mr. Ross said that is correct . Council Member Garren said most of the intersections already have left-hand turns . Coun c il Member Nabholz agreed. (b) Council Members' Choice (i) Council Member Nabholz I . Sbe thanked Gary Pnce for all the years her son anended Bishop Elementary. When you end your child off to kmderganen, 111s a scary umc. and he was awesome. He gave parents good guidance and direction. a well as our children. You will be missed. she said, and thank you for all you have contribut ed . What a bless ing you have been 10 thi s communny. he added . 2 . he wondered how long Becker's appliances wa going to ta y boarded up th ere. b y where their ne" s tore is . It 1s in the 2700 block, and 1s a real mess . Apparently there are tran 1ents hving there now. Safety Services Director Olson advised that Zoning Enforcement Officer Parsons has been working o n that . Apparently there is an owner, and the process has been dragging on because there was a maior d1 spu1e with the insurers, when they had the original fire in it, as to who would pay for all of thi s . Righi now, the owners are working on it , slowly. They have some people doing some interior work , he advised, and we are consistently monitoring this . It looks like they arc rrying to rebuild in some son of retail fashion, w11h possibly residential upstairs. Director Olson did not feel the building would suppon it and we have a lot of concerns, he said. It is a major issue, but we go do\\11 there pretty consistemly and they seem to be doing work. They have drawn the appropriate permits. at least for the demo side of it. he said . Council Member Nabholz said okay, JUS I so we keep an eye on ii . and ii sounds like yo u are . Director Olson said they arc constantly keeping an eye on it. Joyce Parsons has been very ac11vely working with the ownership group and whoever is doing the work . It is a very conflicted situauon, he added . • I • 0 • • • Englewood City Council June 18 , 200 I Page 8 .. • • - (ii) Council Member Garren thanked Ms . Antoniuk for the petitions . That shows a lot of hard work. He said he is always amazed when citizens are energized, and unfortunatel y for you it was when you had a car wreck. but I thank you for bringing this forward . he said . (iii) Council Member Grazulis I. She said she has a citizen who is concerned with the alley behind Chenango Circle . It 1s a closed- off alley, and be said car dealers , especially Daewoo and Cherry Creek. use n exclu 1vel y for their own businesses, even though it is a City alley. He said they park cars, they sell cars back there . the y detail cars, they park tow trucks there after hours. and sometimes the cars are there all night , blocking the re sident s· garages, so they can not get out of their own garage . Ms . Grazulis said she was told that they call Code Enforcement, but they are just issued tickets and the residents still cannot get their car out of the garage . Ms . Grazulis said she has not bad a chance to look at that first hand yet . he said she would like to see wh o actually owns the alley and what rights do the citizens have , as opposed to the bu sine sses behind 11. Director Ross advised that , seven years ago, at the request of tho se residents . the C it y allowed the aut o dealership to put up a gate there . They had a terrific working relationship . lie said he ran acro ss in the file where fomrr Director of Public Works Esterly would send out a letter saymg a long a the y pla y nice . we will allow that gate to remain . It appears now that the people wlto are in charge of the commer 1a I area are not playing nice anymore. he said, so he sent out a lener ad\"i sing them that the gate \\Ould be taken do "11 1f they did not cooperate. It is a public alley. he said , it Just does not look and feel hke a pubh alle y. but rather 11 feels like part of the commercial area . Counc il MemberGrazulis said there are three residences there and l\,o of the three "ant th e gat e tak en do,-11 now, or regulated . Mr . Ross said they would begin that process and it will feel hke a pubh alle y and \\e will start enforc in g n as one of our alley again . 2 . She said she would like to make it a part of the pubhc record that she rec e,'"ed two complaints about cars that were ll keted in the four-hour areas when the parking lot was totall y filled dunng the A ,·alanche celebrauon. They were really irate. and said if we were going to have light rail , then we have to pro\"1de parking. When Ms . Grazuhs aid something to them about it being RTD , the y said n wa s Englewood 's problem. Mayor Burns said that is what we tell RTD , too . C ny Manager Sears said we can respond to that one, also. He said he was actually going to bring thi s up later tonight , and Counc,I Member Wolosyn has that lener that we distributed tonight from Jim Zav1 st, which raised that issue . That is why Court Administrator Wolfe was asked to attend tonight. Mr. Sears asked Assistant City Manager Flaherty to talk a linle bit about where we are with that. Assistant City Manager Flaherty said, in addition to the complaints that Ms . Grazulis received , Ma yor Bums received a lener from Jim Zavist , the RTD representative for this area . He al so had witne ssed a number of cars being ticketed at Cushing Park during the Avalanche event . From my perspective, he said , the event kind of snuck up on us. although we knew that the Avalanche won and that there would be a parade. No one directed staff to not ticket vehicles that were parked illegally. As a maner of fa ct. we have been very proactive with Code Enforcement and asked them to strictly enforce the time limits , as well as the prohibition in parking at Cushing Park . Estimates are that between 250,000 and 500,000 people "ere do,-1110= for the parade , and this is a one-time event , or at least a one time annual event . He said ma ybe we should ask Council if 11 would be appropriate to void the tickets . lie said he thought there were se,•enty-eight tickets issued m Cushing Park. and about forty tickets issued at 1vic Center. There I an issue at Cl\•1c Center that 1s probably more difficult than the Cushing Park issue , and that 1s that we ha,e • I • 0 • • • Englewood City Council June I 8 , 2001 Page 9 • • -' operations here at Civic Center, such as a library, a court. and people who want to do business at C ity Hall. During that time frame. individuals who wanted to do business at City Hall were not able to park here, he said . Employees who left to anend meetings, or for other reasons , came back to find that they did not ha\'e a place to park . Granted, this is something that is going to happen frequently, but , from staff perspective, at least, we are a linle reluctant to void tickets in the parking garage, but cenainly we will leave that deci sion to Council. Mr. Flaheny felt Cushing Park was another issue. because, largely, Monday through Friday. the parking spaces are under-utilized, unless there is an event in the park . On that Monday, there were no permits issued in the park for the pavilions. so to restrict parking. for that panicular event, he opined. wo uld have forced people to park in the neighborhoods in nonh Englewood . Frankly. there were some cars that were found in the neighborhoods, he added . It is a touchy issue , panicularly whe n we have the current problem that we have with RTD of not providing enough parking on a daily basis, at least during the school year. Right now, during the summer months , of the 910 spaces that RTD has a\'ailable at our parking complex, we are approaching that or maxing out. basically. and during the school year, when classes are in session at Metro and Arapahoe Community College, we are at excess capacity. In terms of the Avalanche event, I would want to at least ask Council whether we want to look voiding tickets, either at Cushing Park and/or in the parking garage. Mayor Burns say he would sympathize with Cushing Park more than the parking garage. Another concern about the parking garage is ifwe start voiding ti ckets there, we are giving RTD an out . We would no t be asking them to directly confront our need for additional parking . But since Cushing is no t used as mu h. and this is an occasional maner, my sympathies would be with Cushing Park, much more than Mth th e parking structure, especially when our own employees do not ha ve a place to park . City Anomey Brotzman said Court Administrator Wolfe was present, and she is our parking referee . I can tell you that these are all good tickets, he said. Director Olson's people did a nice job. and everywhere there was a limited parking sign, or a no parking sign, they appropriately issued tickets . As an attorney. I have no problem moving to dismiss the tickets, he said, but I am having a logic problem, because the y parked in front of a sign that said four hour parking. or no parking. I see them all the same. m thi s ms tan e. he stressed. Parks and Recreation is actually recommending changes to Cushing Park. but for that da y. they all look alike. They all parked ma space where they were not supposed to because there wa s limned parking. If Council would like for me to dismiss the, then I would like to dismiss them all e\'enhandedl y, he said. I understand that m the future we would like to preserve parking here, he said. I g ue ss I ha\'e a problem for that day. Mayor Burns said people say well , if you invite us to use the light rail, it is your problem if we don't have a place to park, and we tum to RTD and express the same sympathy, but it is our name on the ticket and we get the heat. RTD does not address the problem as well as we would like them to, so it does put Englewood in the middle. Mayor Burns said he understood what C ity Anomey Brotzman was saying, from a legal perspective these all look alike . It still puts us in a difficult situation because there is no read y solution to this problem, he said . City Anomey Brotzman asked Court Administrator Wolfe how much a parking ticket is . Ms. Wolfe sa ,d they would be $15.00 each. Council Member Yurchick said that is about the same price it would cost to park downtown. Cow1cil Member Garrett said someone told him they were willing to pay a ticket here because it was cheaper than going downtown to park. When the Avs and the Rockies were playing the same night , it was amazing how the price went up m LoDo, he observed. Council Member Nabholz felt we would be sending a mixed message. Director Olson and his people are dotng a good job ticketing these people. Yes it is a once in maybe several years event, but it is a mixed message to say okay, we'll let you go. She said she has a problem with that. • • I I • 0 • • • Englewood City Council June 18 , 2001 Page JO • ... • - Council Member Yurchtck said maybe that should be our new advenismg slogan. park in Englewood, it is cheaper than parking downto,.11 . Mayor Burns said he was not hearing a lot of sympathy from Council for forgiving these tickets . Council Member Garren said City Attorney Brotzman was correct, Parks and Recreation is looking at some alternatives for Cushing Park. as far as making that more of a shared use there . He felt they would be bringing that to Council at some point. Council Member Grazulis said one of the ladies who had called her said someone told her, she did not say who, that she could park in the four hour place because there was no other parking available. She said she did not know the rest of the story, but found it hard to believe that someone would tell her to park there . Mayor Burns said he did not think there was a consensus to forgive the tickets. City Attorney Brotzman said if they have a really good story and a really good reason, he would still encourage them to talk to the parking referee. (iv) Council Member Yurchick I. He advised that the ACE Committee met last week . They are staning to mo"e along, prioritiz ing their goals, and are currently kicking around the idea of doing some type of sun-ey, smular to what we did with the citizens of Englewood, except it would focus on the businesses. 2. He said he agreed with the letter from Rob Schwanz, he felt it was an oversight on our pan, in not including economic development in some of our goals and objcct1,·es. Mayor Burns said he thought we had, in essence. but maybe we dtd not do so directly. Council Member Wolosyn recalled that, at the end of the session, Council Member Yurchick added that we put a concern for business in there. She said she assumed that was gomg to go on the list , and they had asked for the list to come back. City Manager Sears said yes , they had asked for it , but he had not sent tt back yet . Council Member Yurchick said he just wanted to make sure, becau e most of the focus for that meeting was traffic and affordable housing. Mayor Burns felt that it should be added, and then make sure the list gets back to us . He said he had been trying to fmd the comprehensive list. (v) Council Member Wolosyn I . She asked about the Salt Lake City Olympics and hosting the torch. City Manager Scars said Council needs to give the go-ahead, if they want to suppon that. He said they are requesting an official approval from the City to go through Englewood with the torch. Council Member Wolosyn asked if we have to bear any costs. Mr. Sears said he did not think so. that it was more for publicity . • I • 0 • • • Englewood City Council June 18. 2001 Page 11 • • - Mayor Burns asked if we would do that by motion or proclamat1on . 1ty Attorney Brotzman sa id the y could do it by motion or, if they would like something more formal. the could draw something up. Mayor Burns felt we should have something drawn up . Council Member Grazulis asked how soon they would need thi s . Council Member Wolosyn sa id if they don ·1 hear from you they assume it is an agreement . City Manager Sears asked if there was a consensus that we at lea st make contact with them and tell them that Council supports this. Council responded affirmatively. Council Member Yurchick asked if they sent this out to every suburb ofDem·er. C uy Manager Sea rs said he thinks they may have . He said he watched a torchbearer go through the Cherry Cree k area and that was pretty interesting . They had an entourage that went around "~th them. so It would be nice . They ma y be looking for an affirmative statement from a community, so the y can be included in thi s, so we will ge t back to them on that. 2 . She said she was glad we are working on Cushing Park for parking. As for Civi c Center, she knows it was hard for staff, because she was in and out of here on Monday and lo st her parking place . 13 . City Manager 's Report (a) Mayor Burns said we could return to the shuttle bus system at this time . He thanked Planning Analyst Dannemiller for staying after Study Session so this could be di sc us sed . Planning Analyst Dannemiller thanked Council for allowing this to go on the regular agenda . We will try to be respectful of your time , she said. She introduced Bruce Able from RTD, and Knstin Ken yo n fr om BRW, who is the consulting firm that has been helping us with the shuttle so far . She also thanked Manl yn Brenengen from the Chamber of Commerce for coming tonight. She has heard thi s pre se ntation four tune s. We would like to give you a very brief update tonight as to where we are with the shuttle operation and the proposed plan, and then be a\'ailable for questions if you should have any. You may remember that \\'e were in front of you about four months ago to give a report on Phase I of the feasibility stud y, which was a survey of businesses. residences and employees about their interest in using a shuttle between C1 tyCenter Englewood. downtown and Swedish and Craig medical centers. The down and dirty of the surve y was that more people would be interested in riding a shuttle than are currently riding RTD . so that showed u that there was interest in the implementation of a shuttle. So we proceeded to the second phase of the proJect , which was looking at operations, and the feasibility of a shuttle and what it would cost to actually put one in place . Ms . Dannemiller sai d she was going to try to give a brief synopsis of an operating scenari o . She said it was included in Council's pac ket in the executive summary, page 2 . What we are proposing 1s a three-mile loop operated Monday through Friday, with about twenty-three trips a day between 6 :30 a .m . and 9 :30 a.m. peak hours , 11 :30 a .m . and I :30 p .m. and also 3 :30 p .m. to 6 :30 p .m. This will need about two vehicles to be operating concurrently and provide ten-minute headways, meaning a shuttle should come by each stop every ten minutes . This would also require one additional vehicle for a supplemental vehicle. she advised. It equates to about 4,000 actual vehicle hours per ye ar. We have approximated nin e stops along that three-mile shuttle route . When we presented the map to you originally, thi s was the map that BRW and the steering conunittee had brought forward . she said. Since then , Ms . Dannemiller sa id she had gone to three different committees and groups , last week. to talk about the route and took input on that route . There were some very legitimate concerns with the proposed route, and we have subsequently asked BRW to look at a modification to that route , which we have presented here tonight on the proposed shuttl e route. she said. Really what it does is take into consideration concerns from the business community , primarily, that says the stop that is located adjacent to King Soopers. which is a current stop right now wtth RTD, is not adequate to serve the Broadway market. We looked at possibly taking a right tum onto the Acoma loop and then coming out near Colonial Bank , and putting a stop there . That gets you really close I • 0 - • • Englewood City Council June 18 , 200 I Page 12 • • -... to the intersection of old Hampden and Broadway and brings a number of businesses into pla y there . where as. if you were Just stopping at King Soopers, ii is a trek to get to the businesses on that side . Al that intersection. then it would take a left , and there is an existing stop if you take an immediate left on Broadway. she said, that will provide access to the businesses there. It then resumes and takes a nght tum back onto Girard and resuming the route as proposed . One additional scenario that we are lookin g at . she said, is extending the loop instead of sending it south on Emerson, taking in the Meridian complex . Initially we did not think there would be an interest there, but subsequently have seen that, in addnion to Meridian residents . there may be an incentive for employees at Swedish. who are parking in their new lo t. to use the shunle bus . It is quite a distance to park in that new lot to get to the main entrance of Swedi sh. and they may be able to use the shunle, also . We are taking into consideration that modification . and \\C actually have a trial run on that. It does not seem like it should modify the headways or the cost 100 mu c h. so that is most likely the route that we will recommend , she advised . In terms of fare structure . we provided a fare structure breakdown in the report that basicall y proposes a free shuttle . We believe th e majority of the riders of the shuttle will already have paid or have access 10 some RTD payment fonn . su h as an Eco Pass, or using it as a connection from light rail. In addition 10 that advantage , you al so haw 1hr advantage that more people will ride it if it is free . When we looked al the survey, there was a con 1derable jump from the people who said they would pay between twenty-five and fifty cents to ride it. and tho se who would ride if their employer subsidized it or ifit was free . In terms of what that means for the C'1ty ·s subsidy for a free system, it amounts 10 about $13.000.00 a year . Regarding capital costs , we looked at a number of vehicles. The recommended vehicle is a body on chassis . a cutaway vehicle . It is a smaller bu s. similar to RTD's Access-a-Ride . That would be the preferred vehicle . however. in conversations wnh RTD. they have three small buses available within their fleet , 1fwe go wnh an operating agreement with RTD . The small buses are shown in your report . but they are not the shun le-type buses that you may be familiar with, so what we have done, she said , is budgeted for the shunle cutaway vehicles . lfwe get to a point where we have availability for the cutaway, through a lease , or a lease purchase . we would prefer to go with that. If it is a maner of reducing the over-all capital cost , then we may go with the RTD smaller buses . We have a concern that Traffic Engineering Analyst Vostry brought to our anention. and we will verify this, and that is that Englewood Parkway may not be built to the standards of a small bus . Ms . Dannemiller said she would verify that to be sure. In terms of partnerships , we have visited with three organizations in the past week. They were ACE. Businesses for Englewood, and the shuttle committee. she said. We presented a scenario that is listed on the third page of your report. that talks about how we would propose funding . The cost-sharing proposal that we have proposed shows an agreement between RTD and the City lo share the operating costs . Half of the operating costs. less the fare box. could be provided by RTD, and the City would make up the remainder of the operating costs, in addition 10 the capital costs. We also have been able to access Community Development Block Grants of $50.000.00 per year for two years, for the operating costs of the system . In addition, we have been in conversations with the Arapahoe County Transportation Program, and they are able to supply $5 .000.00 a year, because they see it as a help 10 their system that they use to transpon senior citizens . In terms of final costs , this means approximatel y $530,000.00 over two years , eighty-nine percent public funding. between those funds that were JU SI mentioned, and then we have gone to the business community 10 ask for the remainder of those fund s. That would be eleven percent, amounting 10 about $68 ,000.00 for two years , $34 ,000.00 per year. Ms . Dannemiller said she received a phone call today from Swedish and Craig . They are commining 10 at lea st $5 ,000.00 per year, per hospital, for two years . She said she would like to give the bus mes s community the opportunity to talk among themselves and come up with a funding plan for that amount of mone y and gel back to us . She said she would like 10 lei Mr. Able talk briefly about the RTD cooperative agreement and what steps the City needs 10 go through 10 have that be a possibility. Mr. Able stated that, several years ago, the RTD Board of Directors passed a demonstration cost shanng policy that has just been reaffirmed. with some additional guidance provided back at our May meeting. RTD has a local government demonstration cost sharing program in place, so that RTD has the opponunity to work with local government project sponsors who wish to enter into a demonstration program for up 10 three years. When a local project sponsor comes 10 us with a request, we evaluate the financial feasibility . That is defined within our policy temlS, which states that RTD will fund up to fifty percent of the net cost • I • 0 ] • • -• Englewood City Council June 18 , 2001 Page 13 • • -' of the project . Net cost is just our jargon term for when we say it costs "x" dollars, we re ceive "y" out of the fare box, that leaves us the net cost and we would split that fifty-fifty with the project sponsor. In theory, we require that the project sponsor adopt the RTD fare structure, in order to provide equity a ro ss the district. That does not mean that a project sponsor must actually implement the RTD fare structure . We also provide the flexibility for a project sponsor to say they would like it to be a free shunle. but that they will in fact pay the fares that would have been collected, had we imposed the RTD fare structure . That was what Ms . Dannemiller was talking about earlier when she spoke of the implications of a free fare system. In terms of vehicle availability. the RTD cost sharing policy indicates that we have two o pti o ns when we look at capital costs. One, if RTD ha s the ability within ,ts existing fl ee t to pro, ,d e rolling stoc k. we can provide rolling stock at no cost to the project . If the project sponsor wi shes to sec ure a vehicle that is not available within the RTD fleet , RTD will fund up to ten percent of the cost o f c apnal That ,s ba sed on the theory that a federal grant could be applied for. which "ould appl y eight y percent of the o t. and the remaining twenty percent local share would then, in effect. be sp lit fift y-fifty, "h,c h ,s te n percent eac h by the project sponsor and RTD, he advised. Again , this is essentially for up to three years . RTD WIii. upon implementation of a cost sharing agreement , establish standards that would be used to evaluate the project at the end of each year. The discussions that have taken place to date are that thi s could poten11all y be a two-year demonstration project. We would establish cost standards, he said. in terms of sub ,d y per passenger, which is one of our measures, and utilization standards, in terms of how many pa ssenger are carried for every hour of service. Those standards would be established at the beginning of the cost haring agreement. They are the traditional standards that we us e to evaluate all of our servi ces. At th e e nd of the year, the standards would be applied to the actual operational performance of the service . and we "ould make a determination as to whether to proceed with the second year of the demonstration proJe t . l hose are the parameters of the cost sharing policy that exists within RTD , he said. In order to qualify for th e policy, a local government project sponsor would need to submit a request to the local government conuninee, submit a request outlining the nature of the project, the services provided. the cos t e t1matc s and the dolla~ that will be requested from RTD, he explained. Ms . Dannemiller has already been m convl.'rsation with some of the folks at RTD. That project will then be evaluated in terms of the realit y of the ridership projections, and the financial request will be placed in terms of the dollars that are available . because we all work within the budgl.'tS that WI.' have. We will look at the dollars "ithin the dollars that are available for us in the upcoming years to implement service, and the determination "ould be made relatl\ e to RTD 's financial panicipation in the cost-sharing project. The reality is. it is son of a two-pronged process, he said. On the political side, you would want to work with your RTD director from thi s area . and then on a staff level , we also carry it up through the staff process so that it has both a staff repre entalJ\·e and a political representative taking iour project request forward through the RTD pro e s. We will ha, ea local government meeting on the 28 of thi s month, he said, and we will be di sc uss mg the local government requests that have come to us to date, and begin our evaluation process for potential fundmg for next year. Mayor Bums asked who is on the local government planning comminee . Mr. Able said, internall y, it is JU St comprised of long range and shon range planning staff at thi s point in time . Mayor Bums asked if there would be any directors . Mr. Able said no , this is an internal staff commillee . It is pan of the staff process. Planning Analyst Dannemiller said she would be happy to answer any questions, and she would also lik e to ask if they could ha,•e some endorsl.'ments which would allow us to go forward with the proposa l that the y have . They would like to take it to the June 28th local government comminee meeting, and get our name on the radar screen and proceed through that process . Council Member Yurchick asked about the business ponion, the $34,000 .00. What if they don 't put up the other $24,000.00. he asked. Where does that leave us'/ Ms. Dannemiller said that leaves us with coming back for a separate request for that additional mone y . I • 0 ] • Englewood City Counci l June 18. 200 I Page 14 I ' ~''. I • • • Mr. Yurchick asked how much the C ity is putting in now. Ms . Dannemiller said the total amount that th e City would be contributing is $204.000.00 , so whatever the deficit is would be additional. Mr. Yurchick asked if Swedish would back out if the rest of the community doesn't panicipate. Ms . Dannemiller said she believes Swedish and Craig are committed regardless of the rest of the bu siness community. They have been panners since day one and they have a real vested interest in seei ng thi s actually happen . Mr. Yurchick asked if Ms . Dannemiller feels the others are going to ante-up the other $24,000 .00. M . Dannemiller said she thought they would. but allowed that she could not say at this point. In her conversations with them la st week, she said, they felt they may be able to go forward with some other funding sources. such as, if they got a non-profit license , they cou ld go for some se ni or transponation grants . At that point, she sai d . they were not able to commit to a dollar fi gure . but they were comnuttmg to being a pan of the project . Council Member Garrett said he was curious about the hitch that was put in for the business community on Broadway. He said he was trying to understand what you gain by that one-block dogle g. because th e stops don 't really change except for that one next to the bank . Ms . Dannemiller said her understanding, from the business community, was that the stop at Wells Fargo 1s too far from Broadway. Mr. Garrett asked if you could have a stop at Broadway. Referring to the map, Ms. Dannemiller said th ere could not be a stop at this intersection on Broadway, because the intersection is just too busy . That is why , initially we thought we could just continue down Englewood Parkwa y and take a right on Broadwa y, but the reality is , if you want to put a stop here on Broadway. you would hav e to eliminate seven parking spots. and that is not favorable to the business community. There is already an existing stop on the other side. you have the number thiny-five route right there , so that is the existing stop that is known to the RTD riders alread y. Mr. Garrett asked if that is on Broadway. Ms . Dannemiller said actuall y it is right off Broadway and old Hampden as you take a right there. Mr. Garrett asked if that is on one of the chans she gave Council. Ms . Dannemiller said yes, on the second one. Council Member Yurchick asked where the stop would be when you are going west . Ms . Dannemiller stated that the stops going west near the Colonial Bank will be on both the nonh and so uth sides of o ld Hampden/Acoma . Mr. Yurchick asked if you could ha ve two stops , one o n old Hampden, and one right around the comer on Broadway Ms . Dannemiller replied that, as yo u are proceeding east , yo u would come around the comer and take a left on Broadway and stop at the existing RTD stop . Ms . Dannemiller sa id we would probably reserve the right to make the decision based on ridership . Si nce there is an existmg stop there which is used by nonhbound buses, we are not sure how difficult the left tum from o ld Hampden would be for RTD drivers . That stop is currently for nonhbound Broadway buses , she said . Council Member Garrett asked how you judge ridership when there is no fare . Ms . Dannemiller said yo u can still do ridership counts. You ask the driver to count for yo u at cenain times of the da y . Mayor Burns asked Mr. Able if they have done that in the Tech Center. Mr . Able said yes . th ey had done that on the Link . They had the drivers count every passenger who boarded. Mayor Burns asked if there was a consensus to favor the plan . He said he cenainly favors it . He said he likes the cut-away body on chassis vehicle because it identifies it as a special service . Ms . Dannemiller • I • 0 - • • Englewood City Counc il June 18 , 200 I Page 15 1 • .. • -' said that is why they arc reconunending that option, and they arc gomg to pursue e very option within the feasibility of the system to make that happen. Council Member Yurchick asked if these will be handicapped access ible . Ms. Dannemiller said ye s. (b) C ity Manager Scars said Director Simpson is proceeding with signing the contract with EURA and Fullerton to proceed in moving ahead on that project. It sounds like it was a good session, he opined, and he felt it was ready to go. We are meeting constantly, he said, with RTD to move ahead with that. We will be coming back to Council with our rcconuncndations on the RTD agreement with Fullenon . ( c) City Manager Scars noted that on Thursday night there will be a meeting with Wesle y Avenue to talk about that project. Responding to Mr. Sears, Director Simpson stated that it will be at 6 :30 p .m. at Englewood's Finest Alternative High School. (d) City Manager Sears thanked staff, e specially Assistant C ity Manager Flaheny, for do ing a really good job while he was gone. Things continued to operate very well , and Mr. Sears said he is lu cky to have such a good staff. He said he was a little bit disappointed with Mr. Flaheny·s not being able to foresee who was going to win the Stanley Cup and being prepared for that. He joked that he would make a note of that for his evaluation. *. * * * Mayor Burns mentioned that the team met last week regarding the proposals for the old city hall site. There will be presentations on that from the applicants on the 26'\ he advised, so that projec t is moving ahead, also. 14 . City Anonwy'1 Repon City Attorney BrolZmall had no matters to discuss. MAYOR BURNS MOVED TO ADJOURN. The meeting was adjourned at 8 :45 P .M . Lu/A<;;~., Deputy City Clerk ,. .. ... ' I • 0 • • 1 . Call to order. 2 . Invocation . 3 . Pledge of Allegian ce . 4 . Roll Call . 5. Minutes . • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 18, 2001 7:30 P.M. En glewood Ci vic Center 1000 Englewood Parkway Englewood , CO 80110 a. Minutes from the meeting of Re gular C ity Council Meeting oi June 4, ~001. 6 . Scheduled Visi tors. (Please limit your presentat ion to ten minutes.) a. Joa nne Antoniuk will present a petition to City Council re ga rdin g traffi c concerns along South Broadway. 7. Unsc heduled Visit o rs . (Please limit yo ur presentation to five minutes.) 8 . Communications, Proclamations, and Appointments. a. A proclamation honoring Bishop Elementary School Prin ci pal Gary Price o n th e occasio n of his retirement. 9 . Publi c Hearin g (None scheduled) 10. Consent Agenda . a. b. Approval of Ordinances on First Readin g . Approval of Ordinances on Second Readin g. i. Council Bill No. 30, authorizing an Intergovernmental Agreement with the Army Corps of Engineers for an Air Monitoring Station at the Englewood Golf Course . Plwlllill: If yea._. a diNllllly ...a Med_...,_. or MMCel, plwe notify the City of Englewood (303-7fl2.Z.OS) ............. in ---of when ...... -Meded. 11aank you. I • 0 • • • • -' Eng lewood City Council Agenda June 18 , 2001 Page 2 • c. Res oluti ons and M otio ns . 11 . Regular Agenda. a. Approval of Ordinances on First Readin g. i. COUNCIL BILL NO. 31 -Recommendati on from the Comm un ity Develop m en t Department to adopt a bill for an o rdinan ce enterin g in to an Intergovernmenta l Agreement accepting funds throu gh the Col o rad o Brow nfields Cleanup Re o lvi ng Loan Fund for environmental cleanup at Centennial Park . STAFF SOURCE: Darren Hollingsworth, Business Development Specialist. b . Approval of Ordinances on Second Readi ng. c. Re so luti o ns and Motions . i. Rec o mmendation from the Park s and Rec rea ti on Department to adopt a re sol ution au th o ri zi n g a Crossing Licen se fr om U ni on Pa cific Railroad Company for Bi g D ry Creek Bike Trail Development . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 1 2. Genera l Di sc uss ion. a. Mayo r's Choice. b. Coun cil Members' Choice. 13. City Manager's Report. 14 . City Attorney's Report . Adjournment. Th e fo ll owi ng minutes we re transmitted to City Co un ci l betwee n June 1 and 14 , 200 1: En glewood Housi ng Authority meetin g of April 4, 200 1 Englewood Housi ng Autho ri ty meetin g of May 2, 200 1 Englewood Cultural Arts Commission meetin g of May 2, 2001 Engle wood Liquor Li ce nsing Authority Teleph one Poll of May 2, 200 1 En glewood Planning and Zoning Commission meet ing of May 8, 200 1 En glewood Parks and Recreation Commissi o n meeting of May 10, 2001 Plule note: If you i.-a 4iAbilty and IINII aullila,y aidl or semces. plHle nolify the City of Englewood (303-762·2405) at leaat 41 hGln ill .._ of when aervic:es are Meded. Thank you. • I • 0 ] • • • , .. ~ .. ~ ... • - AGENDA FOR THE REGULAR MEETING OF ' THE ENGLEWOOD Cln' COUNCIL MONDAY, JUNE 18, 2001 7:3 0 P.M. Eng lewood Ci,1c Cen ter 1 000 En gle" ood Par kwav Engle woo d, CO 80 1 10 1 . Call to order. 1 '. 35 p,rrJ , lmocati o n. A)~ 3. Pledge oi Allegia nce. {!;lf..A/1/,,0 4. Roll Call. ~~~~J) .. ft'_,. {, )~ Min utes. (.)J : t. n DIY.l,6'1).1.., 1~~ "TT a. Minutes fr o m the meeti ng oi Re gular Cir, CoLin cil ,\\ee ti ng o i June 4, :2 00 1. fR'o 6. Sched uled isitors . (Ple ase limi t vo ur presentati o n to ten minutes. v1a. Joanne Antoniuk wi ll pre sen t a petiti on to Cit, Co uncil regard ing t rarfic co ncerns alo n g So uth Br oadway. i. Unscheduled Visi to rs. (Plea se lim n )OUr pre sen ,~;'.o :o ;i,c minutes. Jt) 1,). C o mmunica ti ons , Proclamatio ns . and Appoin tments. fJ~O-@ -a. A .procl amati o n hono ring Bi sho p Ele me ntar, School Prin cip al Gary Price o n the occ asi o n /;~ or his retirement. • 9 . Public Hearing ( o ne sc heduled ) ¢' 10. Conse nt Agenda. J. b. Approv al oi O rdinances o n First Rea di ng. Approval o i Ordina nces o n Sec o nd Readin ~. i. C o un cil Bill '-lo . 30 . auth o rizin g Jn lnt ergo,e rnm enta l . .>._gree m e nt ·.vith th e .>._rm, C o rps o i Engi neers fo r an Ai r Monitoring Stati o n at the Englewooa Goli Co urse. Please note: If you have a disability and need auxiliary aids or services. please notify the Citv of Englewood (303-,62-2405) at least 48 hours in advance of when se rvices are needed. Thank vou . ..: I • 0 • • • "',•• , . • - E:igle \\ood C,tv Co un cil -\gendil June 13 , 200 I P~ge .! c. Resolutions and \\oticns . 11. Re gu lar .\ge nd.:i . a . .\ pro\ al o i Ordinances on Fir st ReJd ing. i 1t:Kr~-/ f l~ COL '-CIL BILL '-0. 31 -Re co m111end:2tion fr om the (0111 1 ,unm :Je\ e!ccn·e,i1 De• artment to adopt a ci ll io r Jn o rdinance entering into an l nterrO\e r I t ,1:.:i greemem Jccep1ing iunds th rough the C olorado Srowniiel s CleJnu. Re'-ol "'S L..an:~rr1'trn~e§i'11¥i· o nmental cleanup at Centennial Park. ST..UF SO U RCE : Darren Hollingsworth , Busines s Deve lopment Specialist. ) le ,0 -• ,..-/ pro al o r Ordinances o n Second Re.:iding . Recommendation ·rom the Parks .:i ncl Recre.:i tio n Department to adopt a re so luu o n authorizing a Cross in g License fr o m Lnio n Pa ci ii c Railr oad C ompanv ior Big Drv Creek Bike Trai l De TAFF SOU RCE : Jerrell Black. Director of Parks a nd Recreation anager oi Ope n Space. 1 2. General D1scuss1o n . .:i . ,vt.:ivo r's Choice. b. Council 1\.\em ers ' Ch oi ce. 13. 1-1. C it\ Attornev's Report. <:J ! J l r eyrn dj o urnment. () 70 ;- The following minutes were tr:rnsm itted to Citv Council be tween June 1 and 1-1 , 200 1: Eng le\,ood H ousi ng .\uthom1 meeting o i -\onl -1 , 2001 Engle '., oo d hous111g -'-.urh orm meeting oi 'l.\a, 2. 200 I En::,le 1.\ood Cultur;;I Arts Commission meeting oi ,\.\J\ 2. 200 I En gle, ood Liq uor Licensi ng Auth o ritv Teleohone Poll oi Mav 2 , 2001 En glewood Plann111g and Z oning Co mmission meetin g oi May 8, 200 1 Engl ewood Parks and Recreation C ommission meeting oi Mav 10, 200 1 Please note: If you have a disabilitv and need auxiliarv aids or services. please notify the City oi Englewood (3 03·i62·2405 ) at least "8 hour.; in advance of when services are needed. Thank vou . I • 0 - • • • • I • .... , .• . . -- ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June.&, 2001 I . Call to Order The regular meeting of th e Englewood Ci ty Council was called to order by Mayor Burns at 7:35 p.111 . 2. ln\'Ocation The invocation was given by Co unc il Member Nabholz . 3. Pledge of Allegiance The Pled ge of Alleg ia nce wa s led b~ Ma~or Burn s . 4 . Roll Call Present : Absent : A quorum was pre se nt. Also pre sent : 5. Minutes Counci l Members Na bholz , Grazulis . Garren. Brad shaw. Wolo sy n. Yurchick, Burns None City Manager Sears City Anomey Brotzman City Clerk Ellis Open Space Manager Lee Director Gryglewicz, Finance and Admi ni str ative Se rvices Director Simpson , Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO Sa APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 21, 2001. Ayes : Council Members Garrett , Bradshaw , Wolo sy n. Grazuli s. Bum s Nays: None Abstain : Council Members Nabholz, Yurchick Motion carried . 6. Scheduled Visitors There were no scheduled vi s it ors. 7. Unscheduled Visitors (a ) C .E. Hitchcock, 2337 West Wesley Avenue , stated that the iss ue he wanted to rai se \\JS that it has come to his anen tio n that several properties . adjoining his property, have been acquired b~ the City of Englewood . I am curious as to what th e City's plans are for those propenies. he inquired . We have never been reall y officially info nn ed. he said. but there has been a rumor that the Ci~ plan s a street throu gh there that would requ ire the acquisition of so me of our property . He pointed ou t that that would obviou ,ly ,. I • 0 • • -• Eng lewood City Cou ncil June-'· 2001 Page 2 • • -.. directly affect them in a eriou manner . That is an issue or me concern 10 me. he said. and I am curious as to "hat the Ci t~ ·s plans are specificall~. the cheduk for those plan s and what j ustifie s the Ci t~ mJking those plans in the fi rst place . lf~ou could explain tha t to me . he sa id . I "ould appreciate it. City Manager Sears stated that Bob Simp so n. the Direct or ofC ommuni t: Dewlopment . would talk a linle bi t abo ut an upcom ing neighborhood meeting . li e asked Dire tor 1111pson to addres t>lr. Hitch coc k's con cern s. Di recto r S imp so n adv ised that the Ci t) i ending notices out this "eek ad, i ing or a neighbo rhoo d mee ting to dis cu ss a lt ern ati ,e and al so to li sten to the ne iuhb orh oo d. That meeting is tentativel ~ sc heduled for June 2 1" at the Alternati ,e High S hool. - Mr. Hit chc oc k comm ent ed that the purp o e ofthi meeting "ould be to find out how the neig hborh ood fee ls about thi s. He asked if that is n't a bit afier the fact. as the Cit, ha s alread~ ac quired so me of the pro pen ies th ere. Dire ctor imp son said no. reall) it is not. He e~pla in ed that the Cir, ha s acquired t\\O pro pen ies up th ere and \\hat "e are ,ei, intere sted in understanding is "here the neighb orh oo d secs thi, ent ire neighb orh ood go in g and the neighborhood's ideas . In res ponse to Mr. Hitchcock. ~Ir. impso n advi se d that he is the Director orCommun it~ De,e lopmem Mr. Hitchcoc k stat ed he s poke to on e or t\\O pe o ple fr om that depanment an d that \\US not their gencr.1 1 att itu de. I hope th at \\hat Dire tor impson is telli ng me . he said . is. 111 fa ·t. the ca ·c. Dire wr ·1111p ,ll n stated that is th e case . I \\Ork " 1th the se pe pie. he sa id . I am the department dire tor He ad, i,ed tl1Jl th e Cit~ ha s acqui red t\\O propenie . that the propen y owners ap pr oached u . t>lr. Hitchcock said he unde rstand s th at. bu t th at he 1s not grea tl) ass ured by Mr. S imp son's intenti ons. I am till not utt crl) ass ur ed. he sai d. but I am pl ease d th at \l e do have a mee tin g sc heduled . Dir ec tor S imp so n ad vise d th at they pl an to ha ve a meetin g sc hed uled fo r June 2 1" at the Engle"ood Alte rn ativ e Hi gh Sc hoo l at 7 :00 p .m. Mr. Hitchc oc k aske d Mr. Si mpso n if he had heard th e quest ions he had asked and if. at that meeting . the City would exp lai n the pl an and defi ne th e sc hedul e. Direc tor Simp so n said~ es. and more important I) the Ci ty is int eres te d in hea r ing from the neig hb orhoo d . Mr . Hitchcoc k sa id ~o u ha ,e to understan d. many of us who are at. or near. retirement age. bough t the prope n ics because we like them the wa) th ey ar e. ·city Ma nage r Sea rs no ted that the prope n ies are ow ned by the Cit y and th is Ci ty Council is the fi nal auth orit y in term s of any dispos it io n o f how th ose pro pen ies would be used . Council "ould have to gran t approva l fo r any road construc tio n. Th ere rea ll y has n't bee n an y proposal given to Cit y Cou nci l. he said . In fact we ha d hoped to co nduct a tud y Session with City Council and \\C \\ere looking at June 18 '". But staff has not met" 1th a ny property ow ners abo ut an) alternatives as to ho" that propen~ could be devel oped and that is what the neig hborhood mee ting will be about. Mr. Hu ch ock said he appreciated i\lr. Sears' input. I would j ust ho pe . he aid . that whate ,er disposuion the) make of the propenie s. the street and so fonh and so on. that co nsi deration \\ill be gi ,en to the neighborhood's "ishes . I hope )OU are si ncere a bou t that. he aid . Ma~or Burn s noted that it is not a questio n of what th e Cit) has and what the Ci ty is going to do wi th them . Cit) ~l anager 'ea rs is rig ht , he said. there has bee n no proposa l made to Cou ncil so far. beca use they \\·ill ha , e to meet "ith the neighbo rs firs t. • I • 0 ] • • -• Englewood City Council June 4, 200 1 Page 3 ,. •,, • •• ' -' Mr. Hitchcock commented that he spoke to a ouple of the chaps from what he thought \l as the Hou sing Authority . He advi ed that the~ discussed th e street and the building of duple~es and so forth. frank I~. as if it was a done deal. And I th ought. he said. that that was a bit optimistic considering that this had not been brou gh t to the attention. formall~. ofan~ ofus \\ho Ji ,e there. i\1~ personal feeling. he said. is that I don ·1 want to cooperate with any of that. under an~ circumstances. unless I see good reasons for doing it and unle ss. at lea st. so meone comes to me and discu ses it" ith me . It ould be mi imerpre ted to be a ,e~ underhanded move on their pan and it will refle ct on Cou ncil. That ism~ opinio n. he said . Mayor Bums noted that we have had various people tell us there arc done deal around the Ci t:. "hen the: haven·1 come to Council )et. i\lr. Hitchcock e,pre sed the hope that Coun ii \\ould go,ern them seJ,c and co nsider th e neighborhood's " ishe s . Council Member Brad shaw ad ,ised that she reccl\ed a all from Cherrie Brandt ove r a month ago . i\ls. Brad shaw sta ted that he talked to \lark Graham and it ounded 10 her like there \\-as a part of th e proce s th at had not been addressed . I am glad tu hear tha t Commu n it~ De,elopment ha s listened tom~ oncern s. she said , and that the~ are ha, ing that meeting, because I think that is important. \\'e must con s ider the needs and de si res of the neighborhood. she said. before we do any maj or changes. She thanked Ms. Brandt fo r calling her. Council Member Grazulis asked for the address. Mr . Hitchcock advised that it is between Zuni and Tej on on Wesley , what used to be called Goat Hill and he thought now was illustriously termed Scenic ie" Estates . He noted it is still known as Goat Hill. Mr. Hitchcock said he wamed to point ou t one of the rea so ns the: all live there . For instance. there ,s a hu ge tr ee in my backyard. he said. and a very large hawk comes there every su mmer and forage , in that field . It is really a nice thing . At th e same time. he sa id . th e State of Co lorad o is trying to come together with a plan to limit gro 111h and I don 't see th e justification for densifi ing the popula11on up there . "ith duplexes and so fo rth and so on. I know the hawk can find another place. he aid . but I bought that pla e with the int entio n of retirin g th ere and most of the oth er people did also . And to ha,e thmgs done o,er ur head or without even consulting us ... I do resent it and I am mistrustful about the s 11ua11 on But I app re rnt e )O Lir time, he said . Council Member Nabho lz stated th at she spoke with Mr . Hitchcock se,eral tune s 111 regard 10 ode violations next to hi s property . She offered her thanks to Bob imp s n for a uring ~Ir Hit hcock and ha neighbo r that this meetin g wil l take place . Becau se . she sa,d , "hen he told me the ame th ing . I tolJ h1111 that . no. I "as not aware of any road or an)1hing like tha t. Dire tor impson apologized . He stated one of the thing s '"' ha1e ah,a)S tried to do is to assure the neighborhood that "e \\ere going 10 hold the neighborhood meeting . I ta lked to 1'-ls. Brandt. he said . and "e have as ured them that we will hold a neighborh ood meeting . that the neighbors will have input. and then we are going to come back to Council with "hat \le ha,e heanl and some pos ible al ternati,es fo r di sp s11ion ol that propert:. He pointed out that 11 could 111 Jude pun mg 11 back on the marketplac e. "h1ch is "hat "e promi ed Council la st ~ea r when \\C purchased the proper!). that we wanted to provide Co unc il that opportunit y to consider. Cou ncil Member Brad shaw pointed out that the eller approached the City to purchase the se properties . Director Simpson said that is correct. Council Member Yurchick stated that one concern he has about that area up there is that th ere are I\\O de,elopers and one is doing pad modulars and one is doi ng a nice development . I don·111ant to ee tho se pad modulars spread into Englewood. he said . Director impson noted that wh.:n we pur cha ed those . one of the prime objectives Council identified for us is that we were going to try to help assist in impro, ing some of the qualit) of that private sector de,elopment and that is \\h at 11e haw been looking int o. I Jo • ' .. ) I • 0 - • • Englewood City Counci l June-', 2001 Page-' • • -.. understand. he said. that there ma~ ha ,e been om e taffpeople that ha,e1i"1 taken qu ite 1ha 1 approa h anJ we are very s incere in Ir) ing to make sure that "e hear the peopk on ho" thi get s de, e loped. (b) Cherrie Brandt. ~~91 \\et\\" sl e~ A,enue. sai d here "e are again . Ab out ~O ~ears ago many ofus up on th e hill. which \\e tend 10 like 10 call ur sehes. "ere in front on man~ of~ou. in fr ont of Council. fighting thi s sa me issue. as to "hether or 11 01 \\"e I Caspian P!Jce \\JS goi ng to be put th rough . he stated that we told Council at that time 1ha1 \\e did not "ant a 1ree110 go throu gh. we did 1101 wam an alle~ to go through and she empha ized that the~ till feel the same "a~. In approximate!~ December of la st )ear \\•e were no tified that the Ci t~ did ind eed purcha e tw o additional piece s ofp ropeny on Wes t Wesley Avenue . Ms . Brandt pointed out that the Cit~ has al read~ o"ned one of those pieces ofprope11~ on West Wesley. for a number of ~ea rs . I th ink if you all loo k back in ~our rec ord s you will realize that. The previous owners were Dan and Mat, Cook. Dur ing 1h i time . \\hen the Cit~ "amed to pul the s1rce1 th rough. !he Cooks were wanting lo build ome l)pe of addition . But. he note d. th e Ci1v would 1101 all,1w it because ii would have encumbered the~: feet. o the Ci1, purchased the ir propen) and ii has pren y much been laying dead since then . Al 1hm point in time Council sugge sted 10 P!Jnning and Zoning 1ha1 \\C didn"t ne ed to be worr)ing about \\"e I Caspian Pla ce and in fact. if her rec oll ec ti on wa s co rrect. Cou nc il even suggested that we lit e rall y remo,e it fr om the Ma 1er S1ree1 Plan . Thal wa s 1101 done. she said . I" ish ii would have been and th en we \\Ouldn "1 be in th is si ma1ion again 1oda ). She asked 1ha1 Council keep in mind that 1ha1 is where \l e live . Mr. Hit ch ock i, ,er) correct. \\'e bought there be ca use 1ha1 is " here "c want to be. She asked how man~ of)OU "ould reall) dare to e,en a11emp1 the idea of being able 10 purchase a home that you could afford 1111h1 s Cit) 1ha1 had a linle bit o,er a third ofan acre o flanJ on ii. \\h ere ~ou had no public tree!. no public a lle) running behin d you . I ha,e a nine-year-old on, 1ha1 i ,er) impona11 11 0 me . It is imp on am 1ha1 "e ha,e 1ha1 abili t~ 10 li,e in the st~le and th e manna in \\l11ch \le cho se 10 . My husband and I are no" bu tld mg a ,er~ e~pensi ,e. large addition 10 our home. ,he sai d. \\"h a1 is goi ng 10 happen if"e 1an devel oping tho se l\\O pieces ofpropeny and perhap s even the Cook·s piec e o f property and "e dec ide "e are going to put these really wonderful duplexes on there ? What do ~ou think that is going 10 do lO the value ofm) homery II is goi ng to go do"n, she said. plus. not only 1h a1. but "e want to keep ii the \\ay ii is up there . I "ould highly recommend that all of yo u come up there and see \Iha! we ha ve . I don·1 know 1ha1 man~ of you have even been up there . Commemi ng on the two pieces o f propert y that were recemly purchase d. she pointed ou t that one of them is a very. ,cry \\ell built brick home 1ha1 ha s aver) well-built garage on it. Why in th e world would you \\ant to knock 1ha1 thing dow nry Wh) ry The one next 10 it is al so a vet, "ell buih home , with another home behind it and al so a garage . Wh y in the world "ould )OU wa11110 knock 1ha1 thing do\\n ? For what ? To put up a S\80.000.00 house~ What is that today ? Th ai is 11 01 much folks. she aid. not much al all. We don't wan! the street. he aid . and we don ·1 need ii. plain and sim ple . fvl s. Brandt sta led 1ha1 all of the u1ili1ies have their accessibili ti es. so ii is nol needed . She invited Council 10 come up and see what we have up there . That is a ll 1ha1 we ask of )OU . And ~ou kn ow, she said , in December of la5l ~ear. a meet int,; was 10 ha,e been held before the final deal wa s made on the se prope n ies . She aid Ms. Grimmett assured her of that. Unfonunately . 1h a1 deal ne ,er wem throu gh. she said . Thi s is six months later and we are still ining back waiting . We have he ard many wries from . unfonun a1el). a fe" Cit~ emplo)ees and the y have told us many different thin gs . Al so . the y ha ,e told the tenant s that Ii\ e in the Cit) ow ned house s many different things . Things are j ust not ji ving. she sa id. and "e are , et, concerned up there . We wan t 1ru1h . plain and si mple. she said. and I do n ·1 think that is too much 10 a k. \ e \I an! 10 give you our opinion and 1ha1 is that we want you lO please lea , e us alone . If you wan! 10 build something up 1here . le1 us ge t invol\cd. lei us help yo u plan somethi ng like 1ha1. But al this poim in lime. she said. I don ·t see where we need 10 build anything. In clo s ing . I \\Ould ho pe . number one. before you go into your Stud_ Session that was scheduled for June I 81 ". 1ha1 you give us. as a community , the ability to meet with Director Simpson prior 10 Council 's Stud~ ession . Ma~or Burn s ad, ised Ms . Brandl 1ha1 Cou ncil would nol be having a Study Se ssio n on the 18 '". Director Simpson advised 1ha1 staff \\'Ould be meeting with the neighborhood and then the y are scheduled . 1cn1ot i, cly . 10 mee t with Council on Jul y 2"J. 1s . Brandt said that was excellent . • ) I • 0 • • • Englewood City Council June 4, 2001 Page 5 • • - Ms . Brandt said. in closing. s he wou ld like 10 take the tim e to th ank Mr. Simpson . He 11as ve~ upfront and very honest with me, she said . Ms . Brandt said she would al so li ke to thank Bev Bradshaw . You are terrific and I re ally appreciate your help. s he said . She also thanked Mr . Sears. She commented that she has ne ve r been ab le to reach Ann , abholz and as Ms. Nabholz is their representati, e . it wo uld be a rea l blessing to see more of her. Coun cil Member Nabholz ad, ised she has been up there and , in fact. s he ha been in close contact with Mr. H itchcock . Ms . Brandt commented that there are mo re of us. th an j ust ~1r. Hitchcock , th at li ve up there. Ms . Nabho lz advised that s he has voice me ssaging. She asked Ms . Brandt if she had left her name and phone number. Ms . Brandt said no . that she s poke wi th her at the la st Coun ii meeting . Council Member Yurchick advised that he watches the hill. that he ow ns a bu si ness up there . Ms . Brandt said all right , but living up there and owning a business up there are two separate iss ue s . It is b~a utiful up there. she sa id . and yes, that hawk is indeed lo vely . We ha-ea 5.000 ga ll on fishp ond in our back~ard. he again encouraged Council 10 come see how the y live . I reall y. perso na lly . in,ite each and e ,e~ one of,ou to do that, she said. and I 11 ould be thrilled to gise )OU a tour. (c) Todd Hu ffman. 22-47 West Wesle~ Avenue . said he though t a lot of hi s oncerns ha,e been covered. We were here for so me of the earlier meetings in th e pa st. he said . We mo, ed there fo r the large lot and we like it. It is ju t rare to find a 200 and some foot lot like that. an~ ,.i,e re in Englewood . We also built a large addition. he said. whi ch is almost co mplete . He opined that Council need to consider th e fact that the high-den it, i s ue is a real iss ue . Mr. Huffm an pointed ou t that you ri s i-destro) in g their wa~ of life , which they enjoy. when you cram more people into their neighborhood. Mayor Burns thanked everyone for coming. 8. Communications, Proclamations and Appointments (a) A proclamation declaring the week of June 25 through 29 . 200 I as Code Enforcement Recognition Week was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECO OED, TO APPROVE AGENDA ITEM 8(a)-A PROCLAMATION PROCLAIMING THE WEEK OF JUNE 2S THROUGH 29, 2001 AS CODE ENFORCEMENT RECOGNITION WEEK. Ayes: Nays: Motion carried . 9. Public Hearing Council Members Nabholz. Garren . Bradshaw. Wolos)n. Yurchick, Grazulis. Burn s None No public hearing wa s schedu led before Council. IO . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submined for approval on first reading . (See Agenda Item 11 -Re gular Agenda .) (b) Approval of Ordinances on Second Reading COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) THROUGH (v) ON SECOND READING . • I I • 0 - • • • Englewood City Council June 4, 2001 Page 6 • • • ... (i) ORDINANCE 0 . 25. SERIES OF 2001 (COU CIL BILL 'O. 24. INTRODUCED BY CO 1CIL MEMBER GARRETT .. AN ORDI ANCE A THORIZING A ··CITY DITCH LICENSE AGREEMENT" FOR A STORM DRAIN CROSSING STR CT RE OVE R THE CITY OF ENGLEWOOD'S RI GHT-OF -WAY FOR THE CITY DITCH BETWEEN THE CITY OF LITTLETON. COLORADO AND THE C ITY OF ENGLEWOOD, COLORADO. (ii) ORDINANCE NO. 26 , SERIES OF 2001 (COU 'CIL BILL NO . 25 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZI 1G A GOOD NEIGHBOR OFFER TO \\"OL H RST LANDIN G O\VNERS ASSOCIATION HELPING FUND CONSTRUCTION OF A CONC RET ES RFA CE DRAI N BETWEEN THE CITY DITCH AND THE WOLHURST LANDING TOW HOI\I E TO TH E \\'E T . (i ii) ORDINANCE NO . 27, SERIES OF 2001 (C OUNCIL BILL NO . 26 . INTRODUCED BY COUNCIL MEMBER WOLOSY ) AN ORDI 'ANCE AUTHORIZING THE ACCEPTA CE OF A ECOND AME DME NT TO TII E AGREEMENT AND SUBLEASE BETWEE THE M SEUM OF OUTDOOR ARTS (M OA ). TH ENGLEWOOD ENVIRONMENTAL FOUNDATIO . I NC. (E EF J AND THE CITY OF E, GLEW OD . COLORADO (C ITY). (iv) ORDINANCE NO . 28. SERIES OF 2001 (COUNC IL BILL NO . 27. INTRODU CED BY COUNC IL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR MAINTE A CE OF THE BIG DRY CREEK TRAIL BETWEEN SOUTH SUB RBAN PARK A 'D RECREATIO DISTRICT A D THE CITY OF ENGLEWOOD . (v) ORDINA 1CE NO . 29. SERIES OF 2001 (COUNCIL BILL 10 . 28 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDI ANCE A THORIZI G THE ACCEPTANCE OF A VALE GRANT FROM THE VI ·rt:-.\ ASSISTANCE LAW ENFORCEME T BOARD OF THE 18TH JUDICIAL DISTRI CT. Vote results : Ayes : Cou nc i l Members Nabholz , Garren. Brad shaw. W olosyn . Yurch ick. Grazulis . Burns ays : one Motion carried . (c) Re soluti ons and Mot io ns There were no additional re solu t ion or motions submitted for approval. (See Agenda Item 11 • Re gu lar Agenda .) II . Regular Agenda (a) Approval of Ord inan ce s on First Read in g • . . I • 0 • • En g lc"ood ii ) 0 1111 c il June 4 . 200 1 Pa ge 7 '' • • -.. (1) Oren \pJce lanager Lee pre,emcJ J rcu,mmcnJ,nion frnm th, Deran111en1,,f Parks anJ Recreation 10 aJopl J bill for an ordinance Juthor11mg an lntcrgo, entmental \.,!reeni.nt "11h the Ann) orps of Engmeer for an Air \lon 11 onng S1at1on a1 the r ngle"ood G,,If Cour,e I k 1d,, ~J th.,t. bac, m Februar). he "as approached b) a repre sentall\ e . from the IT l ,1 rr,,rat1,,11. re;Jrdmg .tn .ur mon 11onng un11tha11he) \\Ould lise to pla e out at the goll course \I r lee e,p!JmeJ thJt thi, urn1 ,, enc ofse,eral 1ha1 1he, need to ha,e m pl.lee 10 111 0111tor 1he '-ham1c, Chemical ...,urerl,mJ ',;tea, th,11 11e 1 cleaned up b) 1he Arm) Corps of l:ngmeers and the F P·\ The I l L ,1rp,,rat1on ,elec1eJ our"'" he ,a,J. because it \\ JS do\, nwmd and a certain d is tlnce 3\\ 3) from th~t site ~t'' era I of tht! monitor-, Jrc :1nm!! t1 be 011 thai sue also. Th1, monitoring ')Siem ,s 10 establish 1h.11 there are 110 comamm:rnts gomg "~1t 11t;,, 1be air as 1he) clean up this upcrfund site. "e are JUS I recommending thJ "" ~o .il,,ng "nh !Ill, :ind help "ith 1his fo r 1he afety of1he cit11ens and so fonh ouncd '.\kmber Bradsha" a~sed "hat 1he Arnt) Corp s of[ ng,nca, "ould be l<iosing t<1r \\Ith 1!11, monuonng sue . 1\1..tnJger Lc-e ~1.:.11cd the), an: iu~t l\ll,h.111g. fnr .111~ t.:0nt.1m111Jnh. This JJr monih)rin~ sis1cm has a brue , olume 1ir capac,r) tha1 run, throu!.'.h th 1> 1111<i .1 lilt er The) "i ll come uu1 "c,·,1,. change the lilt,·r and loo, 1,1r all\ ,,1 1he c,,n1;immant; that might. p,11ent1,1lli. be Ji,rerseJ 111 1he Jir Council !ember 13radsha" a,,cd \\hJI contammant the) are loo 111g tor \ Ir Lee sa ,d 1he) are prohahlj look mg for hea,) meials and so lonh and \\hatner 1s l:iuned m 1h a1 s11e I am not realli sure. he ,a,J I Brad sha" commented 1ha1 11 Just concerns her that II could be airborne. ~!anage r Lee stated 1ha1 1he "hole ,Jea 1s to pr," e 1h.1t nothing is getting olf 1ha1 si te. because 1he) .11,· tenting 1he "hole s11e a 1he) get nJ ot 1he "a;te 1herc And "hm the) need arc the air mom1 ors to P"'' c that 1hey are not releasin g an) thing into the a,r Council :'\!ember Yurch,c, as,eJ ,ftlrn. ,s for "hen 1he) do their mnmal a11he si1e , 111hat i, "h.tt the) ,trc ll)lllg to mon11or Manage, Lee aid 1hm 1s com:ct. ,es lie advised 1hat that is a ro" fr om the o,crl.111J Golf Course and 11 ,s ver) \!S ible from anta Fe Ma)or Oum, commented tha1) ou can see it from 1hc light rail Co unc il \!ember razuh asked 1f1hi s is not to ~\Cced thiny-t"o month ~ or arow,J tha111me '.\lana;er Lee said that 1s nght The) are going to stan ,n ep1ember of 200 l anJ "111 conunue 1hrough Deccmba o f :002 Cot1nc1I \kmber Wolos~n asked if Council "ou ld be hearin)! an,th111g ab ou t the results of1h •,r mon11onng Mr Lee ad, ise d that the) did not 111Jica1e 1f 1he) ""uld be Jomg that but 1ha1 he" a, ,urc sin .:c thci are opera 11n g a s11e at 1he golf course that \\e could inquire about that l ouncil \kmher Yurch,c, a,,eJ ,t th1, \\J> .1 pre-read mg. becau,c he ,aid. he Jidn·1 belie,e 1hc, \\ould lie Jble 10 clcJn that ,1tc up 111 a )ear. b) December of 200~ ~lanager Lee sai d he \\:ls so rr;. 11 \\Ill coi::111uc through 2uo, Council \tcmber ,arren asked how tall the apparatus 1s and \\hat the vi ual impact "ill be on the golf cour,e ~1r Lee aJ\I edit \\Ill be located nght oulSlde of our mechanic 's shop . 1t is app ro,imate l) three or three and a halt fee t tall and made of sta inle ss steel. There i a 1imer ,n ii and an elec1ric molOr . "hich runs the air,, stem and 1he filte r. \I J)O r Bums ask ed about the location of1he mechanic's shop . Council :-..1 ember Garre11,a 1d it 1s \\here 1he) had thei r get to gether for lunch . Mayor Bums noted that used to be "here )OU actuJII) ,1ancJ pla) mg 1anager Lee said yes . . , I • 0 • • • Englewood City Council June-'· 2001 Page 8 ... • • - Cit y Man ag er Sears said he 11 ou ld j us1 like to ad d to 11ha1 Manager Lee ha s said . He noted th at s1a1 ·1al~ed about this a lot and had mi xed feelings about whether or not we real I) 11 anted 10 pan icipa te . But I th ink he sa id . even though "e don ·1 anti cipate an~1hing happenin g a long that area. that "e reall~ o pted 10 a k the Council to pani cipate bec ause of the, isi bilit: and the publ ic nature of the golf cour e. If there are thing going on. we would at least ha , e first hand kno 11 ledge of it. Council Member Garrett sa id he 11ould reco mmend that th e~ put omething in th e agree111e 1111 ha1 require, th em to inform Council of th eir results . Coun ii Member Brad haw aid she agree s. t\1r Garwt co mme111ed th at it is ni ce to have good faith effo n . but "e need to ma~e sure 11 e arc ad , ised . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECON DED . TO APPROVE AGENDA ITEM 11 (a) (i)-COUNCIL Bill NO. 30 AS MODIFIED TO HAVE A REQUIREME NT THAT EPA GIVE US THE DATA REPORT S AS THEY COLLECT THEM . COUNCIL BILL NO . 30 . INTR O D CED BY CO 'CIL MEMBER GAR RETT A BILL FOR AN ORDINANCE AUT HOR IZ IJ\G AN IN TE RGOVE RNt\lEN TAL AG RE EME. T EN TITLED "DEPARTM EN T OF THE ARMY RI GHT OF E TRY FO R ENVI RON MEN TAL ASSESSMENT AND RESPO NSE" BETWEEN THE U.S . ARMY CO RP S O F ENG INEER AND T l IE CITY OF ENG LEWOO D PERT Al 'ING TO THE PL ACEMENT OF HI GH-V OLUME A IR MON ITOR ING UNIT AT THE ENG LEWO OD GOLF COU RSE . Ma yo r Burns asked ifit is the Arm y Corps of Enginee rs th at 11 il l actual l~ have to do th at. lanager Lee advised th at the EPA has designated the Arm ) Corps of ngincc rs and the IT Corp oration is th e subcon tract or. Vote results: Ayes: Co un cil Members Nabholz . Garren. Brad sha". Wo lo s~ 11 . Yurchick. Grazul is. Burn s Na)S: one Motion carried . (b) Approval of Ordinances on econd Reading There were no add it io nal ite ms subm itted fo r approval on econd reading . (See Age nd a It em IO -Conse nt Age nda .) (c) Re olut ions and Moti ons (i) Direct or G~gle"icz prese nt ed a recom me nd atio n fr om th e Depanment o f Fi nanc e and Admini trative Services to adop t a re sol uti on appropriJ ting and tra nsferri ng fund s fo r th e Ziga n Se ttlem ent (Centenni al Park Expa nsio n Project prope n ) ). He ad ised tha t th is resolution tran sfer s a to tal ofS 1,306 ,000 .00 from the Gene ral Fund to the Capi ta l Projects Fund . which is S 1.0 53.7 88 .00 fo r th e balance of the Ziganjudgment. SI0~.258.00 for prejud gment inte re st and Sl-'7,954 .00 for acquisi tion co ·t and . of that total money, SI , 158 .0 46 .00 "ill be held in escrow pend ing the out co me of th e appeal. Mayor Bums noted that thi s matter ha s been appealed . so thi s will be held in escrow b) th e cou n during the appeal process . Mr . G~·g lewicz said )es . The re sol ution was assigned a numb er and read by title : RESOL TION NO . ~6, SERIES OF 2001 • I • 0 • • Englewood Ci ty Co uncil June-', 2001 Pa ge 9 ' . ,. • • - ... A RESOLUT ION FO R THE APPROP RI ATION AND TRAN FER OFF D FOR THE ZIGAN SETT LEl\t ENT IN THE EMI 'ENT DOMAIN CASE OF CITY ,s Z IGAN {CENTENN IAL PARK EXPANSION PROJE CT PROPERTY ). CO NC IL MEMBER BRADSHAW MOVED, AND IT WAS SECON DE D. TO APPROVE AGENDA ITEM 11 (c) (i)-RE SO L TION NO. -'6 . SERIES OF 2001. Cou nc il Member Brad shaw commemed that thi s is reall y fru strating . \\'e are doi ng the right thing. he said. and l know th at. but thi s is a heck ofa wa, for omebody to ma~e money and l j ust hate to see us u e ta.xp a) er do lla rs to help lin e the pockets of so mebod y II ho run s a rou nd and bu, s propen, and th en pwple condem n it and then \\ego to court and 11e pa y double . But it's a heck ofan enterpr ise. l gues s. l3ut. ·he said. l do think that the ballpark and the amenities we are provi d ing for our child ren and reside nt s are II ell \\Ort h it. ounc1I ;\!embe r \\'olos,11 aid plus we are so 11 o t'recla11111ng some land tlm 11eeds to be recla11ned and enjo,ed. l\la,or Bum s said he \\anted to mak e a comment. l was at a Bar As ocia t io n socia l Frida, night. he ;aid . and l ial ~ed to the chair of the comm1 s 1011 11h o made the decision on the ma ne,. She told me that one o f their members \\anted to gl\e Zigan e,er, s ingl e thin g he as~ed for. the other t11 0 did not go along 11it h that and the, had a btt ofa struggle on th e commission . But. he noted. she was actuall, \\Or~ing to bring thi s do1111 a linle b11. because. as I understand it. "e "ere in some danger of ha,ing to pa, a 11hole lot more thdn th1 It "as a difficu lt process . Al so. they th ought som e of the II itne sses fo r our side 11crcn·t th e be st a11 d some of the ompa rattvc s weren't the best. And . actually. he said. the reward wa a good deal k ss than so me of the peo ple 11 ere as king fo r and 11hat one of the member s ac tu all y 11 a11ted to g ive th em . I le 11oted that it is a lot. but it could ha , e been 11 orse. Inde ed. I think the, sa w this a, a s ituati on where the !!U' purchased the prope11 ) and he is makmg mone y off o f it. there is no doubt about it. Ma yo r Burn s ;:,p·med th at we are go mg to ha ,e a goo d re ult in th e end. bu t it does stick in ,our craw" hen ) ou are pa, ing thi s much fo r so mcb od) \\h o never buil t an,thmg and never had a bu sine s there . Vole re s ult s: A, s 1otion .:arned . Coun 1! 7't emb~rs Nabholz , Ga rr ett. Brad sha". \\'o lo ,n. Yurch1 ~-razulis . Burn s one Council !'-km ber Brad ha" as~ed 11h at our fund balance i . 11h a1 percentage are 11 e at. Director Gr, glew icz ad, tsed that \\e are es11mating that to11ards the end of the year that it '"II be abou t S-l :! million. whi h will be bel\• ee n 12° o and 13°0 . Ms. Brad sha w as ked 1f th at is oka,. he commented that she k.no"s he wou ld like it to be higher . Mr . Gryglewicz said he wo uld li~e it hi ghe r. Ma,or Burn s noted 11 is not bad . Director Gr:,gle,d z agreed It 1s not bad . We wi ll review finance s hon!,, he ,a,d. 111 tud: ession and "e II il l talk abou t "here thmgs are . Ms . Brads ha" sai d th ank , ou . l "· Ge neral Di sc us sio n (a) la)Or's Choice li) Mayor Bums noted th at Council has received a mem ora ndum addressing Co un cil i\tember Wolosyn 's anendance at the CML Co nference . He sta ted that he submi n ed an appli at ion for C l\tL and it has been se nt in . We couldn 't remember, he said, if Council had ,oted on his applica tion and. in addi t ion. he now und erstands that Council Members Grazulis. Nabholz and Yu rchick would al so like to go . He said it is his understanding that the expenses will be very simila r on each one of th ese I • 0 - • • • Englewood C il y Co uncil June .i , 2001 Page IO 1 • ,. • • - applications . There is a deadline that we are very clo se to. before we would have to pa~ some additi onal reg istration fees . Ma)or Bums suggested that Council con sider the requests one at a time . Council Member Garren said he would like to make a comment. I have some\\ hat struggled "ith thi s. he said . I guess I am one of these curmudgeons. regarding Council acti , ities and spending ta x pa: er's mone~. I need the opponunity and the time. in order to appro,e the trmel request . to con ider Council's rea so ns for \\anting to attend the various confrrences . He pointed out that Council has received a "hole se rie s this )Car. \\here all o fa sudden "e say "\\ell "e ha,e to beat the regi trat io n deadline .. an d I am handed this . That is disturbing to me. he said . I \\Otdd sugge t that. earl ) on. Council should have to formulate where we think we should spend our dollar . "here \IC hould send our Counci l members and we sho uld do that at the beginning of th e year. Then we would be structurin g our budget around that. as \\e do the budget process . That is my personal preference . he aid. and I al"ays stru gg le with this when. all ofa sudden I get a piece of paper and I am asked to vote on a S 1.200 .0 0 e~pense and there arc several "me too's" that come in after that. Mr . Garren stated that is j ust hi s personal preference. Council Member Wolo sy n sai d she could understand what he is sa~ ing. I \\Otildn't mind having 10 aniculate the reasons I want to attend a panicular conference. she said. and submit it with the memorandum requesting Council approval of the expenditu re. In fact , she said. I think that is an excellent idea . A fo r reviewing it ahead of time. she pointed out that at one of1he budget retreat s last ~ear. we had mone) in the budget for Council tr avel and then we took ii out and when I objected we said we" ould re, iew them on ,1 case b) case bas is . But . she op ined. putting in a procedure to review th em on a ca se b~ case basis. 1s ab so lutel y excellent. Council ~!ember Brad shaw suggested th at perhaps that should go in Council's rule Council Member Wolo s~n noted th at CML is a statewide organization . I think it is u eful for the comm unit) of Englewood , she said. 10 show that Englewood is out there panicipating on a stale·" ide k,·el It \\J helpful for me . "hen I wen! to NLC. I didn't know until I was there. she said. that the real rca~on I! "as helpful for me. is the bigger rea on. which is that Englewood is gelling a pre sence and that help the commur1i1~ in the long ru n. Counc il ~!ember Brad;ha\\ com mented th at Counci l Member Wolos~n is following the procedure a, he kn o"s 11. h Wolo s~n said that is right. exact ly. Ma~or Bum s noted that CML is a lobbyi ng organization th at repre sents cities at the legi s lature fo r the entire legisla ti,e period and the~ are the ones that reall y fight against some of the bills that ta~e a"a~ loca l deci sion making and a lot ofihe th ings that the y consider to be really injuriou s to local commun11ie ~. The~ are right there . on the front line up there. every single day fighting for us in the le gis lature and. he aid. I think it is good 10 keep in tune wi th that. He pointed out that the agenda for the CM L Conference 1s pub lished a couple months ahead of time in their magazine . So we could pull it up at that time and bring 11 before Council and see who wams to go . He sta ted that NLC doe the same th ing . So we have ~n opportunity 10 look at the agenda and look at the expenses and see al that time. long before the deadline s come up. \\hat the agenda is and who would like to go . Council Member Grazulis sai d she would like to make the point that she is one of the CML liaison members. which Council assigned her to . That was going to be my purpose in attending the conference . she said. Council Memb er Garrett explained that one of the reasons Council pulled it out of the budget is that \IC have to bevel') careful with our travel considering the economic times \IC are in . He pointed out that Counci l appro,ed S3 .000 .00 fo r travel not that long ago , and thi s time it is S-1 .000 .00. 11 is di turbin g to me . he said . 1ha1 Council is not fo rm ula tin g a polic) as far as what we think is the right wa) nnd ho" "e should fund thi s. • • I • 0 • • Eng l ewood Ci 1y Cou ndl June~. 2001 Page 11 • •• -.. Council ;\!ember Nabholz asked 1fhe \\Ould like lO pt111ha11n10 \\Ord, Jnd drafi a polic~. I 1h111k 1ha1 \\Ou ld bee, ellen1. he said Cou ncil 1\kmbe r Bradsha " sugge,1ed 1ha1 ma~b 1affcould ·h eck on ua ,el poliries from 01ha 111e s ~t a,or Burns sta ted 1ha1 he doe, 1101 tlunl-"e ha,e been e, es,l\e in this. because I kno" a lot of Colorado cities tha t send the ir,, hole o uncli 10 \;LC meetings . 1hc~ con,ider it son of th e big perk of the~ ear anJ "e ha ,e ne,er done that. \\e ma~ ha,e one or l\\O at the rno,11ha1 anend And . he noted. \\hole Counc1b anend CI\IL. rou1111e l~. Counci l ;1.krnber Brads haw com m 111ed that all of ouncil u,ed 10 g,,. "hen she \\JS on c,,uncil hefore ouncil Mem ber , abholz said tha1 "as her que,1wn.1ha1 he has asked ouncil members 1hat ha,e ,c,-eJ on Cou nc il before. "h, the~ no longer go lO C\1L or '\IC anJ 1he~ ,a~ the~ don·l neeJ u I need u. he sa id. I ne ed LO learn. I ne ed LO !..no " ho\\ LO nel\•,,rk . I !ind 1ut ou1 for 111~ comrnunu, and p,1ss 1h111g, alo ng 10 m, co ns1i1ue n1 s. I'm like Coun ii \kmt>er \\olo,~n. ,he said. I ha ,e no probk111 ue1111z111g jus1i fic a1io n o f a 1r ip. Council ;\!emb er Garre n po1111ed out that Council hJ J p,)hc~ 1hat all 1ra,el rcceip1s for prior mp, mu,t be recon iled before \\e can appnJ\e 1he ne\l one lk .i,ked 1fth, 1 \\J 1101 ngh1 Cu~ \lanager . ear, ,,11J that "as ng ln . Council 1\il'm ber Bra d ha" aid 1ha1 1s 1hc pohc, CoUiml ~!embe r NJb holz ,a1J she \\oulJ ha,e rn ha, e her 1rip appro , ed a1 1he !Js1 minu1e la~o r 13um a id he 1hough1 oun ii \l emlier Garren· ro111 1 \\35 "e ll taken and 1ha1 Council ·a n J o h" ben er Council ,\!ember 13rJ d hJ\\ ,J 1d 11· J lc:Jming rnn e Coun ii ~lemb r Yur hic k 1J 1d he doesn·11ook a11hi, a, a pe rk . 1his is a 101 Of \\orl-. He opined 1ha1 if)ntt thmJ.. 111 J perk then ,ou are 1101 domg ~our JOb oun ii ~!ember \\'o los~ n and Nabhol, agreed Council \kmber \\olos:n s1a1ed hJI n I actual!: hard or he r 10 get a"a~ from her job. \la:or Burn sa1J Council ·\!ember Yur hick \\JS e,ac1!~ righ1. He noted 1hm somc1imes )OU do sec folks thai go 10 these an d don't go IO 1he sessions ,e~ mu h. I ha,e ne ,er done 1ha1. he said. I go 10 sessions ,111 1he 11111e I am there. I do no1 1aJ..e off Bui if)OU go 101hern. 11 is \\Ork and ~ou learn a 101 and make a lot of co111,1 1s and I 1h111 k it real!~ helps "ith leg1sla11on la, or Burn SU!,!gested Co un ,I con,id r 1h~ requests separate!:. CO L ,c tL :\IE!\IBER Y URC HI K :\IOVED. A~D IT \\AS ECONDED, TO APPRO\'E THE FL ;\D. FOR COUNC IL MEMBER \\OLOS\';\ TO .HTE~D C:\IL THIS YEAR. \1011011 amed A~es · i\a~s: ,\b tam Coun 11 ;\1 embers ;s;abholz . Bradsha ". Yurchick. Grazuli . Burn s Co unc il 1ember Garren Co unc il Member Wo losyn \ ta, or Bum s said he understood Council Member Nabholz would al so lik e 10 go. \ Is. :slabholz sai d ) cs. bu1 he has no11urned in her previous travel receipts . She said she can turn 1hem in 10mo rro ". he said ) I • 0 - • • -• Englewood City Council .June 4, 2001 Page 12 • .. ' - s he understands that they mu st be reconciled before she can go on another tr ip. She asked Council ~l ember Brads haw if that was co rrect. Ms . Bradshaw said yes. that is in Council's rule . Council Member Nabholz said she would not be able to req ue st appro val of her atte ndanc e at C ML t n ight. as she will not be able to reconcile her pre ious receipt s until tomorro". so s he will ha ,e to wait unt il the next regular session . She noted it will be last minute . I will be glad to attach a she et to that a to 111) reasoning. s he said. Ma yor Bums commented that that ,,ill be about a "eek before the confe ren ce . Council Member Nabhol z asked if these could be approved in Stud) ess io n. it) Att o rn e) Brotzma n s.,id no. you need a motion . Council Member Garrett noted th a t Co unc il can discuss it during Stud) Ses io n. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE THE FUNDS FOR COUNCIL MEMBER GRAZULIS TO ATTEND CML THIS YEAR. Ayes: Nays : Abstain : Motion carrie d . Council Members Nabholz. Garrett. Brad shaw. Wo lo ) n. Yurchick. Bums None Co uncil Member Grazu lis COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE THE FUNDS FOR COUNCIL MEMBER YURCHICK TO ATTEND CML THIS YEAR. Ayes: Nays: Abstain : !\•lotion carried . Council Members Nabholz, Wo losyn. Grazuli s. Burns Council Members Garrett. Bradshaw Council Member Yurchick COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECO'.'iDED. TO Al'PRO\'E THE FUNDS FOR MAYOR BURNS TO ATTEND CML THIS YEAR. Ayes: Nays: Abstain : Mot io n carried. Co uncil Members abholz. Wo losyn. Yurchick . Grazul1 Council J\•1embers Garrett . Bradshaw Mayor Bums (b) Cou ncil Member's Choice (i) Council Member Nabholz advised that Gary Pr ice will be retirin g after 37 years and a gatherin g to honor him will be held June 7•• from 4 :00 p.m . to 6 :00 p.m . in the Community Room . As a parent w ith a child who went through Bi s hop and held s pag hett i dinners to get the alternative ca lend ar there . she said. I know this,, ill be a great loss to our sc ho o l S) stem . he encouraged Council to attend the reception if possible . Maybe \\e could pull a proclamatio n to gether. (ii) Council Member Garren sa id he wanted to clear up his apparent inconsi stenc y . I vu tet.l for Council Member G razuli s to attend CM L be ca use she is Council's delegate to CML , he sa it.l . 13 . City Manager's Report (a) City Manager Scars as ked. regard ing Ms . abholz's request fo r a proclamat io n honoring Gar, Price. if there was a mouon to have staff put a proclamation to gether and then perhaps A smtant It) Manager Flaheny or Mayor Burn s or whomever could read that. I • 0 - • • Englewood City Council June 4, 2001 Page 13 • • -.. Council Member Bradsha\\ opined that someone as outstanding as Gary Price. deserves that. Council Member Wolosyn noted that Cher Tun~. at the Alternative Hi gh School. is also retiring. .. Council Member Nabholz asked "hen they would be having her retirement party. She said we can find out and then we need to do the ame thing . Council Member Bradshaw stated that those two have been oulSlanding educators. Mayor Bums noted he would not be able to anend Thursday's recepti o n. He suggested Co uncil Member Bradshaw might read the proclamatio n if she wanted to . Ms . Brads haw said she would be there . City Manager Sears asked if Council would like to direct staff to draft somethin g . Council Member Bradshaw and Nabholz asked that staff draft somet hin g . City Manager Sears said he didn ·t know if Council "anted to ta~e official ac tio n. Council Member Bradshaw wondered if Council would like to have them attend the ne xt Council meeting and they could present it to them. Council Member Nab holz said that "ou ld be a nice recogn iti o n for both of th em. City Manager Sears said that was great. We will irl\ ite them and put so methin g together, he sa id . 14 . City Attorney's Report City Attorney Brotzman did not ha ve any matt ers to bring before Council. 15 . Adjournment The meetin g adjourned at 8:20 p.m . . ' . I • 0 J • • • • . . ... •• -' PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS JUNE 18, 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 TOPIC CCS1GN1 •• ~ .. I· - • • I 5 '1 '/ • ,. ~~~ .. .. •• - Petition for Broadway and Oxford We, the undersigned . do hereb y petition the Englewood Ci ty Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . l(f/21 ;, f £;/); -3t-,S 0 ~-..-k.,z., 1;1/,s ., /;:,,)j L ( .:-<J.: .,,..-, ; ., . I I' C} -:~ ,,,J ·; ·, / ,., ~ .--,;.._A L 3c.)J ·) u)., ~0' (i c..P h'~ t'.)c< C (, ft,; I u "•,./ I I I . 0 - ~ • • '-' • >· •• - Petition for Broadway and Kenyon Avenue We, the undersigned, do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . Date Name Address 5/ 1 }o i 5 . luce-ra qJ<,.; HcoL:.v 6 l1 lo r /J\4fl,~-R.Qrric.,s. .;;-/7/01 x~~k ,16-lu(J ·\·1-u ~~~ {J-7-0 I .r,\.:~t'{,~tr,,;,( .._/-1 {o I j lr;zth0J S/t/CI }(_~.fl...L ,HcYYJI~ S irf<J ! ; !lo/ jv, 7!I c.., ( 1J / 0 1 ~TL C/)"-~ c~i \'j lo ~ \Lt>~L.-\.l . , b-' L~u£ ~cu ~t., -: , 1\.., ,o\ . r 5f ,~ ~ ~ -(/-a I A/ tv1 A· Sc :·flCh l- L{{r: 11 S o . Sk t: fl yY\C, v I sic)( /C cc:~"-c/'\'.. LL eccl . e c-ID ,') -c . l,..,--:tc-~ ;/ /7 I b I I I £). 't!l-d/iN'A-~/ '''! .3 / '~Je, Cc.d i Ii ,.,,'4-Rc,y.,t'.. v- 5 t<J, t\\\J',1,1\J.~ (·., .,'{(\. · ru\rn ~C1ou,C \..,., S\lf-. • I! /I <12..,,, t;[. ;-I, 1,L-"h~ <.l,-...v , ... (.. (lt~), ~--(. t' </i ~ ;.../ E/}"t°A.~ f{) Ill IC)(, I E. · £ v'ArJf ,Al,'[. =If {cf"f Der, vl~ ( t l . 8, 12.J I 1s~ _j __ \,c--h ~ Om . Cc,. IA:3'2.J ~ •. ?Eu(\ "*. ,~r0 e ~\iccd l O 'bCI ID • • .. I· 0 - • • • .. • • Petition for Broadway and Kenyon Avenue We, the undersigned, do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . Date s~ 1.1 5"-'Z.I 5 , 1.:> • ,. ' ) I . 0 - • • • • . . ' . ., .. • -... •, Petition for Broadway and Kenyon Avenue We, the undersigned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop hght on Broadway and Kenyon Avenue . .. ) I . 0 2 • • • • - Petit ion for Broadway and Ken yon Avenue We, the undersigned , do hereby petition the Englewood City Council to install a left-hand turn arrow at the stop light on Broadway and Ken yon Avenue. ., " .... ,, l/ lf 2<;{ :;";. ?E..1-.1 ,.J , ...J~~~//5 30 '1? l<..) · )J tc,_.,..,e/ Cu - 5/7 ~ ~ 35'00 S. Af.f,u,,.1 s/1 p o'!.tJiHy m . t.l.A/G-€1!-l'f5q S o _C:,Tcct..E p:,~~,~ -< g'.>,~~ • ,. ' I . 0 ..... • • •· .... . .... June 13 , 200 l To: The Englewood City Council From: Jo Anne Antoniuk 3675 S. Cherokee Street #202 Englewood, CO 80110-3560 • .. • • • ... Attached are petitions for left tum arrows on Broadway . The affidavit signifies that I have personally witnessed these signatures. There is a total of 591 signatures for Oxford A venue and Broadway, and 262 of those are for Englewood residents . At Kenyon A venue and Broadway , 267 Englewood residents signed the petition but there is a total of 578 signatures . I have 55 other signatures on these petitions . I cannot attest to those signatures, so I did not include them in the count. There are many concerns that involve Broadway traffic aside from Kenyon and Oxford A ,·enues. I will comment on some of them at the City Council Meeting on June 18. 200 l. Thank you for your consideration of these petitions . RECEIVED CIT'I' Of ENGLEWOOD, CO JUN 1 3 2001 " OFF\C£ OF THE CITY CLERK Of. ([\(;, . -• 0 I· 0 - • • • ... , .. • -' AFFIDAVIT I, Jo Anne Antoniuk, of 3675 S. Cherokee Street #202 , Englewood, CO 80110-3560, after being duly sworn , do hereby certify that the attached petition , consisting 591 signatures for the Oxford and Broadway intersection, was signed and addressed by each signator in my presence. Before signing, each signator had an opportunity to read the petition or was advised fully as to its contents by me. The date shown on each signature line was the date the petition was signed . C\_K (lAYY Jo fllnne Antoniuk /la ,~ >( ST A TE OF COLORADO } }SS COUNTY OF ARAPAHOE } The above Affidavit was signed in my presence and duly acknowledged by Jo Anne Antoniuk , who had identified herself to me by presenting a valid Colorado drivers license, No . 92-407-2022 , on this 12'h day of June , 2001. ···· ·.:;-.. :·: ...... ······.,My Commission expires: _.._1_/:.......;../ ..... Yl'-f-~_a_c_,_c/ __ . / . :.' 1 \· a:_.,,~~~~_) '.: :~ .. . • Np(ary Public ·· · / 1901 W. Littleton Blvd. · ·, ·· .. ,, . .'.'.:.:·:.·.::.·.·.·.::> ·· Littleton, CO 80120 • • I· 0 ]- • • • • -.. Petition for Broadway and Oxford We. the undersigned . do hereb y petition the Englewood City Council to install a left-hand n1rn arrow at the stop light on Broadway and Oxford Avenue . S/JICI > -/•1· 01 ~~,or -. ') --. v- .'.)/z/i I 5 :-c • •· ,. \ ) I • 0 - • • .. • - Petition for Broadway and Oxford We, the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue. , . • I . 0 X • • ,, ' •,. • • - . . Petition for Broadway and Oxford We, the undersig ned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . Date Na me -I I, i {_:1 ·, l ..,veLLut ·Y, 1 ~l.(k·kDJ"- -, /1,,,- ':>i Ch ,~ v .,. --·,'. 0 .. . ,_~ -, J \~,~~ 6/,., I ct .j \..;, ....... 0 l \y,(. ........ ~- ,·-·l e' · · l -· .... ':) k.: \ U I ·; I l ':: I ,-_;-C ,. I ;-l I i --· 1 -. I ~ ( '-~ I _, ,. )..J..· /1..., I I (, '-:;/ • I ) u-~., \. • I \ ', ,.-,I' 1 \ . ): ..., ',(::. ,..,, . '/-,, ,,_! f , '-' '--'\,...,, Address :.-r tt {L:5 I < \ 1 ri f :Zc. 1'.'i: t I .) . ·.:..· • ..A :._. ._;.,_ ... ,.JC' t.. "'.".'\ --:-.:. \ 7, c; I (t ,· ,J;.. I '1 ' ') .... J ("', ... • •• ..... ...... "'i:_ \_-'- 31.:'? I 5 c 1~,-" k'__ ri"f /\ l • .I 11 ' . .,1 I ') Ci-;., ·1..:IJ:..,,"'.. j · ·., I . .d I ~-.... .,.. ~ ... :' <l LL l (L' '· ·. 'C· ,_ ··-,:;-:- ',,. , 1.:.,~' ........... . -:, . -r ·- · .J ..... , / ~~.,....,!_ ~ • -,~ ,.,,-;, -. \ (_. ·---- .,. . "'\ "') ---'.. . ' .., ~ (. ) ,(. )...., .. • ... .lo ·-t:._~\ ... ,.,~-;. .i ,_ -... [!, ...... 2 .... _. •" . .:; c, l 't ] .... I 1.Jr'{µ,t.:...,:f-ts-#3 ,_• . .7 , •-, I -t-• ; '· ~ ,·, -\...C-. ~-1 :;::_..:.;_ ,'-?U I '-.; ..,.. Ir / I I -:,, ,-, ( · ~t:.-, ~, ·,".\·L'c~ ~.t""c (-.,_ J...:. ---.:., 111 , __ • ,,~\.....Iv ') './ . '-' -'""' I { _ _, •· . ' I· 0 •• • • f·.i •• ... • -.. Petition for Broadway and Oxfo rd We . the undersigned. do hereby petition the Eng lewood City Council to install a left-hand rum arrow at the stop light on Broadway and Oxford Avenue . . i 5 /l/01 ~ /C /o J ,ic~/of l .,, \,..· I \ , ::J -:(,j'i;;(j_·1 '--C_ i11 1:Tl.~;..;~ · (:c Sc //c I ..: < .. • I ) I • 0 '] • • • • .... "•II ~'"'"" • -' Petition for Broadway and Oxford We, the undersigned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . , . .. ~ . ' • I· 0 • • . ' - Petition for Broadway and Oxford We, the undersigned. do herebv petition the En 1 w d C C . . arrow at the stop light on Broa.dw d 0-~ dg e oo ity ouncil to install a left-hand tum ay an ,.,or Avenue . • • I • 0 -. • - • • • . . ~ - Petition for Broadway and O xford We , the undersigned, do hereby petition the En glewood City Council to in stall a left-hand tum arrow at the stop li g ht on Broadway and Oxford Avenue . ~... : 1 l . / . (,--'-- :/i /,, I -I I _/)j t' I ----·C I -I ~/{ I J 1 /.: I ":'-/(..• -~ ,-; I I : .:.,--:..;_ .. .,, - -., , )".:._I,.. --.. \.. --' -~~ r. ... ~-\._"" c.. .... c__ J r ._ :--~t-- ( _., ·,. ,;·-";. ..J : .. )";, --z..... ..... · I -....~ '\...' - /·::1..."-... ~---.-, I _J '·"'-·'-~ ~ ,/// --.,'t:"'--<- 1'..J::.. '"L.!- 0 . . ,.:.. .. ---> __ / '-L, •••• c; :..,~: , .. -· . r t.-(. , .. r/ : __ .. t ....... ,-:·;. J t'l .2.c.. L Htt.: )4. Yz;l ~ -: .:::,-,: ,. 2., :J :-s. 'c . -\ , . _,,. :x ,c;:z-L.,,: ~- ,-. . ·- . .'...!. J / ;! I • --•. ...,.. -._. ·!. -I.....~ .... _, ~ $<.· / ~ ).._ ,. ) I • 0 • • • • ,. •,.. .. • - Petition for Broadwav and Oxford We , the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . .. ) I· I ] • • • ' . . • .. • -' Petition for Broadway and Oxford We, the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light o n Broadway and Oxford Avenue -. ··:; ~ ·./ 'i1..'f 5-7 -d 5"-7-D I . .., L ) I -<., I ,,. ~--,;-L, 5 -?-0 / .,. 7 -7 -V / )_' ,C~ L I ;v ,··c , I ...,.:_/ v-..... -~ Eitj/c,_..._u _c/~ Cc. -. .::., -~-_j _/?..-;1/C I· 0 • • -. • , . • - Petition for Broadway and Oxford We, the undersigned , do hereby petition the Englewood City Council to install a left-hand rum arrow at the stop light on Broadway and Oxford Avenue. .; l I._· i...:: : -,.. ·-.. "" ,1 - 'b ~,t.·oe •\ :.:· ·c.., ..:::; 7- Li#Wo,-J ~ ~,'){) £....:, ,£ ;._r t.,j·rc··i;, C:, :::: c_.\ I I z· . ~-. \ -, I J I . 0 ]- • • • . ' - Petition for Broadway and Oxford We, the undersign~d , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop hght on Broadway and Oxford Avenue . '5"~5;-0/ 5-?f.-,O 1 5/~I ol S-<t--o,· J:. f-Ci <J-.;. :i <\_..)I :: -Cf-c' ( ~ -1 -<.J I :) -"i,.. 1.: \ 5 ··'"1 -cl • t.,:£1.,.;· .S <::v-.~ ... ..-.,-...vi.. ~L ~/-) -l-/ -; . -T-< ,,.-u-:' ,v ,. I • 0 - • • -. • ,. • -.. Petition for Broadwav and Oxford We. the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . • 'I I • 0 • • • - Petition for Broadway and Oxfo rd We, the undersi g ned , do hereby petition the Englewood Cit\" Council to instail a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . ~//J/c; ::::/1 _;-; c; I I ., lj ~ 1 ) S,' . ~r ,;__- l:--' 5 -f C' s . . / -/-l. C ,.__. ·J .,,_.., '---<·'\., ., , . 7 :,--:· ,1. i..:..tt~ .• - ')-/~. 5. o.,,~.-.k' ':)r cl~ •I CJ 5. 6 ,f! k ~ LC. l· 1 :..· )-:-'"' .. ,. . ,- ::--... 'i t :-:.A.. -;-t ;"( L I... ~ ., ---j .t:--=-~t....<~,:,1,._.,,...f .. y,-,:/:::::,. ~-::: 1~ ... -1l.,~-..:-r..:t (!,_ -~~/! ,_. _. ,1-._,l-"" • ., \:7:1_ I c!-..., ':;( (_. I/.::.,";, F; :.-'1 /.lf,,,,z 1.;'-W U: $ 0 2 2 \ 1 I , , • \"-~ Y ,::--101 ,J .,u, t ( 0 ;;--e;:;_/ g(.L c.,7 ~-1 ....,_ • I • 0 ] G;izJlllllll • • • ''•,. .. • - _,,_ _______ --------· - We , the unde r signe d , do ~e =eby p etitio n the Englewoo d City CouDc:l t o install a left -hand t ~rn arro w at t~e see p _ight on Br o adwa y and Oxford Av e nu e. Date Name .,, ~ ,"-'. ,;' -i 7-v / ,,,.,.--~ /"-'/c...-:.-<--v< .-. 5 -17 -0/ __ ---;1 7/.;1 500~'1 -. Address Page 1 • .:..~',:: I _-. I • 0 ] • • ·,, , . • -' We , the unders igned , do hereby petition t:~e E~g lewoc · City Co~nc~ t o install a left -hand tur~ a=row at: the stop lig~t: c ~ Bro a way and Oxford Avenue . Date Name _:l.ddress I '.-·1..._ '-~'-c,(.- -_ I .' I..., -', . . "' ,_ -( .• /•. I ,/ ... -• "' :: ,... ' ..... .:. .. (..I./,. \ ..... '\~ t'c c CC CJ. C:SC: 3 / 5 .;;; c,· S-C-1J..: Page 1 I· 0 ]-- • • • l• ....... .. •• - Petition for Broadway and Ox.ford We , the undersigned . do hereby petition the Englewood City Council to install a left-hand rum arrow at the stop light on Broadway and Oxford Avenue. cs/1 1 It i ( 11i! a_to.LC~~~-(_./ .S <~~c I (\_c\\L~~\_;,c u .:, _) -//-c: I , ... /A/I ::) -v /; h ,'C. b . ;ilcr· z $"-//-0 I 5 ,,_,,, ':J"'/f '0( :5-1)_-(.)\ I . :, :'~ • S'!:l!D ) I • C, • • • .. • -' ' ' Petition for Broadway and Oxford We, the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . / _.) __ _ -:::, -.-~ -... .)1.:..L I _,.· -......_ _, 1,. -I -·_.)(-c.-I -' ·~ - ( -_;2--C,1 .. \. .. ' . ' • • I· 0 • • ~ t I • • t-, .. -.. • -.. We, the undersigned , do hereby petition t he Eng_ewood City Council to ~sea 1 a left -hand turn arrow at the stop light o r-Broadway and Oxfo rd Avenue. ate Name .11.ddress .. '~"?;'-'---'"· 2L.L... (, I L-,-~-'"""• I .j .. \...,. '- > I .J ' /._-J I ·/ t (. V ·~ , ... _: ).__ •· ,_. ' I \ '-'-·.._ .JI. ": ' : ~· . . \·.,~~-.. c .. -(... ... I ( : ":i.'/.:)ll · l ,'. -· .1 • _>-I <-' ( ·1 1 I d I / )),/!"/ 1 :.)1/c / -~~It'/ • --( .. -, ..... '" / ~·l / Lt.' /1 ... /1 /t 1.,. ... , ... -1-1-;L. ' I / .. ( ,,-. I l ,-r ;. l \,.._ ... . ..,, . ':, J ' -. l • Pag e 1 .. I • 0 • • , . .. \... . ._. • - -·· We, the undersigned , do hereby petitio n the Englewoo d City Counci .. to in stal l a left -hand t u rn arrow at the sc o p light on Br o adway and Oxfo r d Ave nue . ,. Date Name/.) , ~ ,,--, s1 '2,C,) C, I J (... 1t""t 0 j. f .'.:> t 1 ,.) /.-I I I....· i, -1L /·, · .· -._,, 5 · 1-(} · U I .5 -..:i.c -<.:, .r ,1.2r-o I .-/,.:2JJ / C' / :-µt'/c l _., ' .' .l /._ J ,~·. -, I ", ~ / J ;,..,J_;.,..v..,,.... 1.._, .• _U.~.., I - Kcd·hl:::e t1 E C~i.J .. ,,.J .-. I. ·_:,,J . ·. ,· _, J. 'I C'.s-Sa ftt 1..E 1c rf °':vE .0 / ,3= /, ( "/'-I .7 c-/. Y77&.,,..._-, .... =I ~:,___ C!u ;l t1 .2. ~c c .. D J-;• ~ :_....:. C f f V c,u ft..-;'1" C ", j ,1 /: ,;;-., t,: ...--~ .., r -C( -::, . .r- i 1.,. I •f l t;'j,/~1 Page 1 • • ' • I . 0 • • • • - _._...,-....... ,,,__ ........ _ ... -- We ,. the_undersigned , d o hereby pet ition the E~~:ewoo · c :y c:~~cil t o install a left -hand turn ar::o w a t the s coo licl:.t: c-B-o--'·.·-·; and Oxford Avenue . · -·· - 0 -""'- Date .5/'J,..,/o I J -:-~ '.,: I , '-'i~)'P/ 56,., (ui _5 1 ~//t1 I -:3 ·= /-0/ =-;..\-...)\ _1_)J-c ( 5 -.2.J-OJ 5-.Z.t-tll '-::--- -• Name Ad ::ess Page 1 •· . ' .... ; -·' '.) I • 0 • • • f .. ,. • - i:-eci:::.0 . -·· We, the undersigned , d o hereby petiti o n the Englewocd Citv Co unci _ to instal l a left -hand turn arrow ac the sc op ligh t o~ Broadway and Oxfo r d Avenue . ,. Date Name...., , ~ ,,-, -f. } -1-/ t T,j f.-I I \...· S / '2. L. C, I 0 l-1'1 -J ' /~ ' i., -)(.. /·l ' .· --'I 5 <)..o ·U I ,5-.:l0-<.!1 ,j":U--0/ :,-/o.J> / C' I ;-µe,'/c! ~/l /,.: J -:--/~,_,)cl • /'· I -. ...... "\,-,/• ,!....1.~./' ' ' I-ll / ' ·-t· V ;r·•..,1.J _1.-\._' · · ~~. - Kcd·hlc:e,1E c~1.;,.,1::( . ·._.,.'"'I.. Page 1 • .. ' I • 0 • • ' . .. • • - Petition for Broadway and Oxford ... We, the undersigned , do hereby petition the Englewood City Council to install a left-hand rum arrow at the stop light on Broadway and Oxford Avenue . 5-d/<f-CI ~h 0 lc I _;Ir l I S j ,;.~ ( Di SI~ 'f(c-( ~(;;'-f/l·[ 5/9--'-{(-c I -. • I . 0 • • -. • ... .. • - Petition for Broadway and Oxford We , the undersigned. do hereb y petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . ,] -.j' ~' ! -5 s1t ,1 J I .::,,; J,j _ . } c; /!..I '·'• j ;/?/ • . ' I· 0 • • • ~-. .. • -' Petition for Broadwav and Oxford We, the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . ~;-s--I 0 -.S· I I ~-( e - lt, -5-I ~-i,-0( l -S -0 I tS-5-0\ \: .. l ..... ~. -..... /.} /1 . c..1~/1;? c_)/ ~ (j c-t~ ?y £c~r-/ L--I!,,"(,µ._ 5.-d 1h IV 'J -: . I "!,,, • .. ,..i.. ... -· -- • _.:'/ ::·: :.. ~-·· • :_:.J-:S e-t _k, I I c) ~,)/ J <..) ... ' •. --,, . ).; t . ' I • 0 • ·,· . .., • -.. Petition for Broadway and Oxford We , the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . .j' -1 ? -t) I .5-/'171 ( 5-~-(J / -. .JuYf !:..t"i c;_,ti_, rt,_~ f 1...,-<--,-5h H;,C..:.._ ~;,t-7----""'r~ A::...~ C..:_o.....c,_-t-_:.._c_ 1 5 t; 55 c ~~1.., 1 ~-c..-5 c.~t:1.-.., ....... L~ · , ~-t_~11...i.J--'1..,C£_ J "~C:.t,<, ' I .:,...,~,L.,..__,,_~L , g;:.~t.1'"1' Li-!--~'-. C _:.,: / C' _J).._;-i , .. .''(., -~(.;;> I Cj I . 0 ] • • • -.. Petition for Broadway and Oxford We, the undersign~d , do hereb y petition the Englewood Ci ty Council to install a left-hand tum arrow at the stop hght on Broadway and Oxford Avenue Date Name :J~I/CI ~' ~..&,0 0p.1;~, ;);d~~ . ..L;:;_ I f:./2tjt11 ' __ ._";S· ~4-,µJ__)_ !J.;2.i O/ 5 · 21 · ~I 5 -21 -0 I ,r21 -01 .:3 -Xl-C;t S-J'.2 -o\ ; ""<«-/ . .I' ,,;? -_,,~ -v · ~Zct c..,_c;..~ C:- /__::zi:.L ·L ~;;>_e; P c --:.:zo 1 )1 c . .r 1'.Pi:l./Su i.L 9 ~ 1, rf,/Jjfi" l · , 6) rt I z z '-135:5 5 . l<)~1._<l./(... .......... ii h 0- ;;--1-,; I. 'v'[_'(;f Ce, crJ ':..' c.....-,r) -_ __,._ / ) ~ I ~ K..llt"-+L\.C \(_ \..\ f:.. U ,-". 00 .... ~ > c c ~c__-:=., 1,. • . , '.) ;?O t I C' I· 0 • • • ~~ I .. ~ .. • -... --;:_ ---·· .:,..:.._c...:..,c_, a •• -....,.•. -"' -..... We , the undersigned , do hereby petitio n the Englewood City Council t o install a left -hand tu r n arrow at the sto p light on Broadway and Oxford Avenue. I I -C I ( l• -/-v I ::-· /-1.-' i f;-(-CJ I <:_. -(-C I ~-I.CI ~---/ -{j l • Address Cr. ,_ (\t l ·~,,-r1-.. 1 [·,-') oh\7., ...) , \.o \\ . .'n , \l.AW. \._. · 1 '; 1-IV 1 '-" c_.._, '-- \C •.1-....· Page 1 • ' . 0 I • 0 ] • • • 1,,. • - Pet ition for Broadway and Oxford We. the undersigned . do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue. 1. .:-. o I ~ --.; ti -c-~-: L~ I C-_5'-cl G-s--0 1 I· 0 - • • • '. .. , .. • .. ... ... •• -... Petition for Broadway and Oxford We , the undersigned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Oxford Avenue . l, -c.;-c , (,;/'51 o 1 I I ·11 . "t (0 I b . ,f ---( I ~ ~ -,: I ~--f' · C I • <;j C \ \ C • .. I . 0 I l • • • '• ;, ~I I • -' Petition for Broadway and Oxford We, the undersigned, do hereby petition the Englewood City Council to install a left-hand tum arrow at the st op light on Broadway and Oxford Avenue . ra--,.e:1 l.v-1-;)\ (--7 -t •/ l.:·J -C I .; ·-7-0i ;/-)/ C ( ·~/ l ..... 1 1 C 6(7/c r t /'7~/ G)l/c , 1.;:..-:r I 7" .s + O..: ...... ·.-.· c.o ' ) I . 0 • • • ,. ; ....... .. • -.. AFFIDAVIT I, Jo Anne Antoniuk, of 3675 S. Cherokee Street #202, Englewood, CO 80110-3560 , after being duly sworn , do hereby certify that the attached petition, consisting 578 signatures for the Kenyon and Broadway intersection, was signed and addressed by each signator in my presence . Before signing, each signator had an opportunity to read the petition or was advised fully as to its contents by me. The date shown on each signature line was the date the petition was signed. a./_-- :;:..a ( Jo A_nne Antoniuk ST A TE OF COLORADO } .// }SS COUNTY 0Ft(1 tJit:'cJU./ } I The above Affidavit was signed in my presence and duly acknowledged by Jo Anne Antoniuk , who had identified herself to me by presenting a valid Colorado drivers license, No. 92-407-2022 , on this Ith day of June , 2001 . ,• ,1t •'''H"'" .... · :: ... : ... ·.,fv!y C.ommission expires: I ljf/~o<-1 --~ /7 I • .t• :•,. • -."' *! "f . ) j ;; ·-~ -~ ; . ,_.,; ~~ '. ·" ., :.... ........ ,~ -.. . '-: · ......... -::·.:·:... .. -·· ·,., .•....... : ..... ,\•' • .__. ~~ v~~k::L.c~---- ary Public 901 W. Littleton Blvd . Littleton , CO 80120 • ,. ..: .. ' .. • ) I· 0 • • • . .. L • -... ~ Petition for Broadway and Kem·on . .\venue We, the undersigned. do hereby petition the Englewood Citv Co ·1 . 11 arrow at the stop light on Broadway and Kenyon Av enue. . unc1 to msta a left-hand tum ;-11-C( . :t -;' I l ;. I )--, ,1-<..1 -. _,{ IJ\ JJ,,J'i, e I .fh ')i1'J .!i'l ;· ~:R ~ i0i 1 ~ !,::i _;.,,:.: ... ·-4 ,t;.l/1 h ·-,, ~·/v / ·, f d-. :z I T , ..... L ·V\..L.-.'-. • ' ' • ) I • 0 . , ~ ,I . \ ] • • • 1·-: .... . • .. ... . . ~ • Pe tit io n for Broadway and Kenyon Avenue We, the undersigned, do hereby petition the Englewood City Council to inst a ll a left -ha nd tum arrow at the stop li ght on Broadway and Kenyon Avenue. >-lo -ol )-If) -D J J / !V f OI • • .. ) I • 0 • ,• -... • • Petition for Broadway and Kenyon Avenue • • I· 0 • • - • • • • '·!~· .. • • Petition for Broadway and Kenyon Avenue We. the undersigned, do hereby petition the Englewood City Council to install a left-hand rum arrow at the stop light on Broadway and Kenyon Avenue . ,, I· 0 • • • I •. •• • - Petition for Broadway and Kenyon Avenue We, the undersigned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop hght on Broadway and Kenyon Avenue . I r; .', , I ::. , '-! 5 . 1../tJ 1 ..s I ')./ L' I • I -'> ""),.I t , :5 .:2 ; ~; I ' ". . ·1, , ·' -; i .. . , ;c..Lll L.c. r( ,1~ ), I, /l.....J L'-,lt. \_ --, -• 1 ,.. • J\.~~·· ,{_, )1 /,L_~--:zt~ C "-~'--·rr-. . \ l ·~. J :' ........ _, ·~t....~-.: ........ :~;,,'. __ _ I . - , " -l L C C' /• <' • -· · . !.. .__ , .• .": L , , / (/c- -· .• I J .:... ... ,\ ('.• ,.; { I -; ~ /" • I: \ '-::., •$ ' •• ' --J -: :..w·~·z.c...-. -. -:. ,.\.,-,·...... --_'"":' .-) .- I . i 1 · _ ~ /-J../.:, \L , ,._.,... ._.· ...,.t..... ~!-_,,~ ...... V~-2 ,1·,;... ..... u...· , f-~ ... i ,h e. j ',if/.fc:._ D. S/1.,/01 ,-I J.;:J 1 ' !·h , 1 1 ·,-: +-. /_ L ;ti .. : k , C ·~ I. -) .::; I -I C I --~l e ' ..-:',._..7,t '\..'• k,.JC. >-Li._._. -,• ..... i_. cTC... l ..<--,' e_~ . )l·,;_;. / .-. / -• • ) I • C, I - • • -. • I • .. • - Petition for Broadway and Kenyon Avenue We. the undersigned. do hereby petition the Engle\.\<ood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . • I • 0 -• • - Petition for Broadway and Kenyon Avenue We. the undersigned. do hereby petition the Englewood City Council to install a left-hand rum arrow ar the stop light on Broadway and Kenyon Avenue . -· ... ' \ ._;_. ·7 -U l S°-'"\C \ :5-q ·L \ -.,--'L -C l 5 · I C Ci --5/10/01 • -h. . :.1 o..;/,·~ ' ,,..... --) . /C--/c, f--,.~ '"_j.;...)<,,' /'5:1 !,Ii r..-:-di,-,Jv~ l-,t-H t,., CC i .·,J.::·· '·\C1 s cJ s-,, ·, .. ..:.._ ( "1" "; k ,.. t...'-t+L_1t: •" (c, 1.,()1 ).. "3 T:)(lt/c I t-t\.,~'-~, • • I· 0 - • • - • !l ~. j • - Petition for Broadway and Kenyon Avenue We. the undersigned , do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyo n Avenue . • 0 I· 0 2 • • 1-)t. I~ .. ~ .. • -~ Petition for Broadway and Kenyon Avenue We. the undersigned, do hereby petition the Englewood City Counc il to install a left-hand rum arrow at the stop light on Broadway and Kenyon Avenue . .--.. .) : l '). :_. r:,; ! . ' \ ·-/ I ·,, tJ / c, I I -~l l / .. I -· I i / • -::. "I ,-•• .. I,-• -( I (· \, r , r .=' <{_ ·· -'-. ,) ' ~ ~" /J ,_ -:-11 ,_ i. l t:: ,.'_y t . ~--), \-..-_:_, ., -I L ~ ,\ ' T ) <.. L .:' _,/ . _, / • ~ • ) I • C, • • • • - Petition for Broadway and Kenyon Avenue We. the undersigned . do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . ~t.,;-<-~1 ;_t-Ci .., 7. {. --z . ,: l -'· "'I '- .f __ . \ I - I (. • C, ; . '' .. ,- _, "'· \'-. . .:.. ( ~-. ,: <l .. ·· I -,,.. \ ·-L :.1, ~ ,,_ -· --.. _ '., (' ;,•, ,'-.,---,~""" , , ... , .... -... • ... ..... ')','(IC l.i'j-t l •,, =· \:. '•1 · -.-( '._· . , r ' ) . , 1 I:-. ' -I • ' j -::--,\'.:_· ''-' <(/ ·:-c 1i 1 ~ ' L ·. .j ". ;--t 1.._ J"\..1 ,\._._. -· -L ''-1 J(} ( ,. ,.: -: • -...:. • ·_::-.' 1 '(' (,.. I ...,_)'""'--·) r • ... ~ ,-. ..; l ,., I • 0 • .. • -... Petition for Broadway and Kenyon Avenue We, the undersigned . do hereb y petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue. Date Name :;:_ 6 <J\ _:-!. .. w-">-- 1 ' I .,,..,:...i/1.., l'>t ~/G (C\ -'i~e:.(,:i !:>/L /,: 1 ?/ 1;:/c 1 ;;_,1irj ~./ 3/!jc t • ~ . . ' -:'JI '-l --'-r7"-:.., I • , ~ k1-,._.. -_!. r~, t-..tt.'-LA-_;}.J., JA ·..,,,-,v:)_,!.'- ,.,t ..-:..~~ :::\k'\.7'\..l~, f~ -:1 -t/n.e~ (':>'2w~fi 'f./--.. 1v! <.__;;._, 1'1..,.1 ·.:..: ' . ;,,.1-I . ' --· • L, •• r, ,, . t.. r"-CT--<--t. -C -, _._ ( -, I • 0 - • • • • ....... .. • - Petition for Broadway and Kenyon Avenue We. the undersigned, do hereby petition the Englewood C ity Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . '• - I· 0 • • • •• - Petit ion for Broadway and Ken yon Avenue We, the undersigned , do hereb y petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . • I . 0 - • • • • - Petition for Broadway and Kenyon Avenue We . the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arro w at the stop light on Broadway and Kenyon Avenue . ' I ' _l l .'._-!.;:1.C,, ; -2 •(• I -2 -CI ~,.:..+ I('~·"'-C c <;,~ a...· ,J<·n,,.-)e:c /...'-...... ~-].J." 5 ·::.,1,.:-·r/J}C( 7/51-_..,,.;1,~-h->1, ,,-~--;'c,;,?/ ,·--:) • ~ I 5-~-( I A.,.,(ll,t.., l~ , -:.L eh .; -:£ >:,_ -j ~·~ L. ..5-f '2. 7 J...~k;;c, L, (!;. [;..: ,..J~'. , .~~::1 -;, Y l.L-.t:... ..,'i ~_:") ?.~1~~-~ ~:.""1 ; --~-~-{~_S:'.5" .. .'1~_1• _ L .·1. _-_ _;,-, tj-~ ... ..._ _,. r, ~-.; .1 • .;J.t..;~_,,::..,·-n.1 0~r"w·,"'-/ ·'-' C:::.., ;z./ • • ' c..:.. (' I· 0 • • • - Petition for Broadway and Kenyon A \·enue We, the undersign~d , do hereby petition the Englewood City Counc il to install a left-hand rum arrow at the stop hght on Broadway and Ken yon Avenue . S·.). ·Cf ~-.)_-(i .' 5---~t li t.:, -G} • .::1 $ ~'..,)~\ '3CI/ c '-JU>~S ~-?. Gt \ $d . ~ n C\ \,._.Q\iv-::) s \ r, (_, .'~. l; LL ' u_L;: -;--k . L ,-1:.L/t_-{, 1/!C: fi:,'!cL .5 5 5 2:> s ~, -ev..., s1-- 1t..J 7tlel c n Cc &:1"'k2() ...-, ;_ · . · . · . · · .if .~, L."°' · ; ·t -i0 ...) ) -I ~ • j"",. , '-~ vt:..., • I ~ "" 0 I • 0 -• ~ ... • -.. Petiti on for Broadway and Kenyon A\·enue We. the undersign~d . do hereby petition the Englewood City Council ro install a left-hand tum arrow at the stop hght on Broadwav and Kenyon Avenue . :i'-i1 -C-I Date 1ame ,.-C ',':r-'"'tJ!,1 ~ · t J . k : i~ / ·ff.,:,•/ Address "77'°C/ 6 I_). _,. ,.., ,;-I ....L !]~~)~' lfiYf · L c-/\ c;J'-<-.z.CL ::-c.· --'- l-J (irtl i L-- ,.., ..... C1 "Vi L. II.,' I . -. I ,. t { , t ..... c:; _., lt ]-'f r: <'. -.· -. -l\-'-'\ t -~ '-'~--ct,\."') ... c._'--re._. i \ L(., • • .. • ) I· 0 • • • . . •• - Petition for Broadway and Kenyon A venue We. the undersigned. do hereby petition the Englewood City Council to install a left -hand rum arrow at the stop light on Broadway and Kenyon Avenue. s/1.r /.:,/ '!/ J/t' / s/n/·1 • -i_ i '. 7 ) -~--. • -, / ._- I . 0 • • • "·· • - Petition for Broadway and Kenvon A venue We, the undersigned. do hereby petition the Englewood C ity Council to install a left-hand rum arrow at the stop light on Broadway and Kenyon Avenue • I· C, ] • • • • - Petition for Broadway and Ken yon A venue We, the undersigned. do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue 5/b-/,,--/ '!/ J/1' / sjt.).-I -. l ; ' 7 ) I .., ../ ~ I ' .\ I t ~ ...-• i }i., [ ,'V 7 ·!( l.,._,. L • ~ J • -... I ... - I· 0 • • • \ • l . . .. ·~ • -.. Petition for Broadway and Ken yon Avenue We, the undersigned. do hereby petition the Englewood City Council to install a left-hand turn arrow at the stop light on Broadway and Kenyon Avenue . t,; -s-c, lP/fijc I J.:.'/ J.,j.. fI:1"<'? .; C .1 ) I .. ~ . • I I . 0 - • • • •,. .. ·~ • -... Petition for Broadway and Kenvon Ave nu e We. the unde rsigned, do hereby petition t he En glewoo d City Coun cil to install a left-hand rum arrow at the stop lig ht o n B roadw·ay and Kenyon Ave nue . ' -.) . 1' '7 -. ( J (' I L-• c. ( J . ~ '.-·· r ! _:_'. 5C .::J ·/ (,, $ _;_. J l -! ~'-,:5. { . E:._ ,, ~ I ~l·-~-- (!~ _ •. ~ . • 0 I. 0 • • • • - Petition fo r Broadway and Kenyon Avenue We, the undersigned . do hereby petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon . .\ve nue / -;, I & j u ' ,,, ,,,.. -~1 v: ~ "::;>-C t -S-o ' ' ,, ·' • IJC[G ~') r '~r> •L J.-. ~\:,I.,;;. ..~ I • I • L' ~· I. L.,., • ·r:5 " Ct g, W · :..L~:i ,t"· t "J!'.'.~l 8Gt lo • ~/(0 1 : I ) I • 0 • • • • - We , the undersigned , do hereby pet~=~~~ the Englewood City Co~nc~- c o inscall a left -r.a,.d tur:1 arrow a:: =:-.e seep light o n Bre a wa y and Kenyon .;!!,.venue. Dace 6 -Z."1 --..:..>i ~/~~/cl 5-J-<'j-:;/ ..J -.;.,q -,JI 5-z_q-OJ .:> -·7·~· ( S -Jq-o I r-ir-(/1 • Name I S 05 .) .. - .; -~- Page · c.::.~ (iu_ vl'1 •. •''' --- r... ... r =-~-:Lt ... , I _._z__ .;..c.. '~' ~ c.,u..: 'C ,... .;,,,'-~,--r ... , r .,.• -. ·' ... __ Cc -.~,.,_ s;--_. -... ·,_,: ... ..:-. _.:r--.i..~-:--~ r!--L ,L -----~ ~ ')~ -?-I ~ -:: . ~,_,L t c-~., ~ r Dr'..,,.... :_~c L., ,,. _-_,/_ 'r;.{ .,+·: .. .' f.; t' -~·- I • 0 • • • • -.. Petit io n for Broadway and Ken yo n Avenue We, the undersigned, do hereby petition the Englewood City Counci l to install a left-hand tum arrow at the stop light on Broadway and Kenyo n Avenue f-/-C/ '7-/-c,.- -1'-I; I .J, - i -i-Cl If,-I -01 r; -/-0 / t -/-C'/ (-/-cf '-.~:-i:-, J? .:../ -cl o/t/D! (o\ \ \ 0 \ ( -I -0 I -. • ~G I I ,:.· r,· ~· rl"l !Ju-.::··t,·e;L ,:) c.."· /j , f: II..; (.H~C, cf (;..:· 6"1(G' ' _ J I C C) 0(}.J :', /1..,-::'. ,v:/·.v, S ,,_ r ;._ . ._z • ~ L -Jj JL '-"',, •• M /i r. ,, ~.,> I . 0 • • • ... .. .. .. • -' Petition fo r Broadway and Ken\·on Avenue We. the undersigned. do hereby petition the Englewood City Council to install a left-hand turn arrow at the stop light on Broadway and Kenyon Avenue . " > • ~ &: V ' 1 r (:.7 .:; .t.,,,..._ ~-.... l o-,,'"-',: f _1..~; ; / r"i c--,-(// .._,:?'1) (.1(')~ -/· _,. ~ . , • / ' - ~-!,--'I /3c;__i,... 7t /.f!e'.:o:,n,r.,, ,:;:J .7~);; f ;/;d ( e'/~Ce:~~ ,5_J~ ~~JfC , _ _s--o I h_v-...,K_ S ""'-i~ Z. 3 s-( S. ~.'..."".d lf\.. ~t{.ve Y, 0 o 7./ O (.p-S-0\ ~LQQ. c)19g,c..l f . C.res ...... ,;'"'-L \..a ~ , 1..,--<"u •C.. Gu 8:cc, (p-.T -o I C:, ... , I 5--f'l'Z-"'-<./C. ~3~ S-. 5\.,er,..._c,.., J"t . i;"tl<o..>e -.J ~u ifullC G. -5 -D I v awr1 0 i1./£,'! / I t,?-)· 0 s . T ca l, d 0, Au,0 ,n , t 2cc 1 ;i.. ,_ ~. 0 ' ,ta ..... rrl21111\,;... 3SOO s /,..,11c, .. s~ (A£c) f ,,.:, ,~..,..J c. g o<I I ,1 fo ->--o I &_. Q. ~ t./ 19 SS,,. ~!/J'T-~-~~ t;o /f tJ l-~of t\J\ ,z..--35°"5~5" ~~,,/N' -£r,17J:...4A",,,-v 5>01/0 c;,-5-0 \ ~~ ::L"Jo3 Sei.2"'" ......... -. s.+.ll,,\.)~r ~c:,--'l._s.k, C, -5 -C' ~~CSv., ~'-\l.Q w . ~~ \)("'~~' \.>\\-kitY\, fc I 2.3 & . s--c I ~k._...,..:vf('Y>,-. JG n j. r~y-i (\ Z/~~~v'.:·---f\ ~',' (.,(. ~-~--c.1 nlu_.J}: ~~ 3ecs-c)s ~ w!'..,_.,,_-x__ e,,L _'-<..l ~-r u · ; ...-_ -,· ' D .;. \ I ;~-, ~-. /l, ,..:.(_ ( I '• l ~ . ., ........ · ~-' -... / -· L· -~,_,_· -,,_ __ ·-:'-.),.. t...L.,., .... ·'"'· -. • .. I . 0 • • • • ,, • - Pet ition for Broadway and Kenvon Avenue We, the undersigned, do hereb y petition the Englewood City Council to install a left-hand rum arrow at the stop light on Broadway and Kenyon Avenue . Date Name -~/~/.' .. , , ~t o. 1, ~ 'L~,..-f!/' "\"" , r Address J "7 f.:. ......-'-" '1 I • • ( ,1 ~ (. /7 I,, ) f T ..._, d C c' i C $' :: I 1 (. • I· 0 - • • • ' •· .... ~ • -' Petition for Broadway and Ken yo n Avenue We . the undersigned . do hereb y petition the Englewood City Council to install a left-hand tum arrow at the stop light on Broadway and Kenyon Avenue . Date 1ame ~,s,1r.:, O.'-l4~,~~--~ ,-5 . ..:)/-u L .... ,;,c ... l\...~LG....... ;)ci........:x., {· ]Z ·O{ ::> _ ~:) -O I • ~ .... I z. L • ' .. I • 0 • • • • - Peti t ion for Broadway and Ken yon Avenue We, the undersigned. do hereb y petition the Englewood City Counci l to install a le ft -hand tum arrow at the stop li g ht on Broadway and Ken yon Av enue . )/_. r_, t (.,1 .t S-~o/c! ~ /2u/o I ,,::-/, ,·,1/.;.·· 1 ,..::;1 --. "-/_/ v/-2,c..'/c /- ~J~a/ u I '7.Jic./t11 j/.J.1;! cJ/ --~/-CI :}_.x/ -CJ i 5"/'L.1/01 E/;...,J~/ ,:,/i, /<11 5-do 1-0 ,-;2_ I C I -. • I· 0 - 5 1.;..o/oi ...:::/ I .k·/c: / 5-d, l -0\ I ·:::,--i I -CJ I e -:,· -1 -DJ o/;..i/c; ~ -. • , ",· ' • • Petit io n for Broadway and Ken yon Avenue ~C :5 0 5 ./£111,V, .:F/1/':/L.C-W<'<'O t ,·1/0 /.c..'C:9,E" ,;:::.:..'°'"'··At.-,L,, /:":z.e 3 a ~,0-,-c: ~c;v.;.:.,c.!. -- ) c:,,-t -1/J!«4 t?-( .!..;-:-;%,( {}., r-~·. ~· (cc)3r ;;;-. .4)~,..:.cb. ;1 S! !.l..1 (~} S-t'F' r) I • 0 • • • • :"',, 4 • -.. Petition for Broadway and Kenyon Avenue We. the undersigned . do hereby petition the Englewood City Council to install a lefi-hand rum arrow at the stop light on Broadway and Kenyon Avenue . Q1:;..r/c11 s /.:if/-·, -. • I • 0 ] • • • "· •'· .. . ,. • -' ~e , ;:~=-t~dersig~ed , ~o . hereby petition the ~nglewood Cic v Ccu n c i l o .-:-~a a lefL -hana turn ar=o w at the se c ; light on Br~a d wa·_J ana Kenyon Avenue . Dace Name . I -_: I -, ,.., I I ' " , . I I ' ; '=°'' J ,,;..c --: ·. ,-~ .. / / -C.. \ :l,L - I ' --( ,._ -._-~ ...;-'._..._ . '-. ..-r, ;_ :., L- ,,/ _) i: ..:'-\ - '-'I ' >-'-' '·:).;:.\\.'-\, )f I"'-'-' I -:.<'... / ., ' --._; • .._ .... L..., .-j !..7~ ,, .,.'-' I _, I I • I --C.t,1 ,/ ' 't -• ' . ' ·--''-_,-r ~ .. .._ , ;A../ .. .' ~· .. ! , I -::~1i-€..:..l ~ Address . .' r' .. .: ·-..-b.._'t'...,·-.1-.l t ·-";/ ! ~c:}5 - ---" /5 .Jc- . ] f.,/ .,',,;"' ..... J •JU ~J:.:-.:_ j4' t -· <.. I I ' Page 1 • r - I .: -~ r .. .. ' / . " .. ,,J c_~'-,4 ,../' / .... , .. L,· ,--1 .. ,_ ..... ,:,. I ;\. .. ,,-~,- .5 I ._, ~-,;:,c.."'-~ _ ... . I • 0 • j • • l •• • - PRO C LAMATION W H EREAS . Ga ry Pri ce has se rved En glewood Sc hools as an ad m i nis tr ato r fo r twe nty-thr ee ye ars, ten of th ose yea rs as Pr i ncipa l at Bi shop Elem ent ary Sc hoo l; and W H EREAS . M r. Pri ce is retirin g th is y ear in o rde r to begi n the next chap ter in hi s life; and W HER EAS , un der M r. Pr ice 's leade rshi p, th e tes t sco res at Bi shop Eleme nt ar v improved, parent and co mmun ity i nvo lve m e nt i ncreased , and the schoo l staff exhibi ted pro fessio nal growth and tabi l ity ; and W H EREAS . M r . Pri c ha gai ned th e re pec t and trust o f his stud e n ts. his staff. and th e co m m un i ty fo r his co mmi tm en t and leade r hip ; and W H EREAS , M r . Pri ce was recogniz d u po n hi ret i rem ent bv th e Englewood hool Boa rd, w hic h renam ed th e athleti c fiel d and plJ\ gr o un d at Bi hop Elem en tar v School the "Ga ry L. Price Fi eld and Pia\ gro un d " in h1 honor; an d W H EREAS , M r . Price \ a named Pr111 1p ~I o i th , ar fo r the State o i Co lo rad o i n 199 8;an d OW, THEREFORE .\\' . the Ci t\ ounc il o i tllf' Ci t\ of Englewood. Co lo rad o . he reb y decla re: Our heartfelt gratitude to Gary Price for hi s service to the community, and for the positive impact he has had on the young people of Englewood and the entire community. ADOPTED A , D APPRO ED thi l 8 1 " dav of Jun e. :1 • ) I • 0 ] •• • • ORDINANCE NO. ,iO SERIES OF 2001 /•, :~. ... • .. • - BY AUTHORITY ~ CO NCIL BILL NO . 30 INTROD UC~ C.9J)tlCIL ME!\IBER_,~,..."""" .. ll./-"'"'+--- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE'' BETWEEN THE U .S . ARMY CORPS OF ENGINEERS AND THE CITY OF ENGLEWOOD PERTAINING TO THE PLACEMENT OF HIGH-VOLU ME A1R MONITORING Ul\11T AT THE ENGLEWOOD GOLF CO URSE . WHEREAS, the U . S . Army Corp s of Engineers wis hes to place a high-vo lum e a Lr monitoring unit at the Englewood Golf Course ; and WHEREAS , the air monitoring urut is needed to monitor the air. off site to en s ure the health , safety and welfare of the public a nd community, in order for the EPA to proceed with the removal of radioactive conta mmati on a t the Shattuck Ch em ica l Site; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby a uthorizes the Intergovernmental Agreement "Departme nt Of The Army Right Of Entry For Environmental Assessment And Response" between U.S . Army Co rps of Engineers and the City of Englewood, a cop y of which is marked as "Exhibit A" a nd a ttached hereto. Sectjon 2. The Mayor is hereby authorized to s ign said Intergovernmenta l Agreement on behalf of the City of Englewood . Introduced , read in full , and passed on fir st reading on the 4th day of June , 2001. Published as a Bill for an Ordinance on the 8 th day of June , 2001. Read by title and passed on final reading on the 18th day of June , 2001. -1- • ' ~ 10 bi ) I • 0 - • • • • I:~_.,,.. . - • -... Published by title as Ordinance No ._, Series of 2001 , on the 22nd day of June , 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk ... I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final r eading and published by title as Ordinance No .~ Series of 2001. Loucri s hia A. Ellis -2- ,. ' I • 0 • • -• • ...... , ·~ • - DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENT AL ASSESSMENT AND RESPONSE (U .S. Environmental Protection Agency , Region IIIV : Shattuck Chemical Site) High-Volume Air Monitoring Unit \ City of Englewood Public Golf Course The undersigned, herein called the "Owner". in consideration for the mutual benefits of the work described below, hereby grants to the UNITED ST ATES OF AMERICA. hereinafter called the "Government", a right-of-entry upon the following term s and condition s: I. The Owner hereby grants to the Government an irrevocable and ass ignable right to enter in , on, over and across the land described below, for a period not to exceed through December 31 , 2003 or approximately 32 months , beginning with the date of the s igning of this instrument , for use by the United States, its representatives, agent s. contractors and assign s. as a work area for environmental investigation and response ; including the right to sto re . move . and remove equipment and supplies ; erect and remove temporary structures on th..: land : inve stigate and collect samples ; and perform any other such work which may be nece ssary and incident to the Government's use for the investigation and response on said land s: s ubject to exi sting easements for public roads and highways , public utilities. railroads and pipelines: re serving. however, to the landowner(s), their heirs, executors , administrators . s ucce ssors and a ssign s. all such right , title, interest and privilege as may be used and enjoyed without interfering with or abridging the rights and right-of-entry hereby acquired . 2. The owner also grants the right to enter and exit over and across any other land s o f the Owner as necessary to use the described lands for the purpose listed above. 3 . All tools, equipment , and other property taken upon or placed upon the described land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of thi s permit or right-of- entry. 4 . Upon the expiration or termination of this right-of-entry , the Government shall restore the ground contour, replace any pavement or other cover which was removed or damaged for this work , establish a groundcover of grass on areas not otherwise covered and reconnect any operating utility lines which were required to be disconnected or otherwise di srupted . S. The owners of said property shall not be responsible or liable for injuries to persons or damage to property when such injuries of damage are caused by or result from the Government 's use of the premises under the terms of the right-of-entry and are not due to the negligence of said owners. • 4 I • 0 • • • ~ ... : . -. . .. • -., (U.S. Environmcnlal Proteclion Agency. Region HIV : Shattuck Chemical Si le) (High-Volume Air Monitoring Unil I City of Englewood Publ ic Golf Cour.;c) 6 . The land subject to this permit or right-of-entry is located in Arapaho County. State of Colorado, City of Englewood and is more particularly described as : A tract of land located on the City of Englewood Public Golf Course that lies behind the maintenance building and is show on the attached map marked "Exhibit l " and made a part hereof. 7. Government shall provide a copy of the reports from the monitor. SIGNED THIS _____ day of ____ , 2001. Owner CITY OF ENGLEWOOD, COLORADO A Municipal Corporation By: _________ _ Tho mas J . Bums, Ma yor Attest: Loucrishia A. Ellis, City Clerk 2 THE UNITED ST A TES OF AMERICA By:------------- • Chief, Real Estate Divi sio n Northwest Omaha Di strict U.S. Arm y Corps of Engineers " . . ' . , • ) I • 0 • • • 2 E: (TONI G - EXHIBIT 0 ~11-U.Lr i 11 'h..._ '::\~~ '-,g_v.,_<L ·,:::i, \..~~ o-.>r-.L.ICUO .:!. C:...\o."') • b,;,"(- """'"'.)...._,1 ~ \:.._ ~ ~~ ..... \ ~c:... ~~c;,,.'""""' \.. ... ~-~- • • • • ... • - DEPARTMENT OF THE ARMY RlGHT OF ENTRY FOR NVIRO MENTAL ASSESSME~T AND RESPONSE (U .S. Environmental Pro ction Agency. Region IIIV: Shattuck Chemical Site) High-Volume Air Monitorin Unit \ City of Englewood Public Golf Course . . The undersigned. herein ailed the "Owner". in consideration for the utual benefits of the work described below. hereby rants to the UNITED ST A TES OF AM CA. hereinafter called the "Government", a right-•entry upon the following terms and co ditions : I. The Owner hereby grants t the Government an irrevocable and assignable right to enter in. on. over and across the land escribed below, for a peri not to exceed through December 3 l. 2003 or approximately 32 onths. beginning with th date of the signing of this instrument. for use by the United States. its epresentatives. agents contractors and assigns . as a work area for environmental investigation an response: includi = the right to store . mo\·e . and remove equipment and supplies: erect and rem ve temporary ructures on the land: investigate and collect samples : and perform any other sue work whic may be necessary and incident to the Government's use for the investigation and respons on said lands: subject to existing easements for public roads and highways. public utilit' s. railroads and pipelines: reserving. however, to the landowner(s). their heirs. executors. ministrators. successors and assigns. all such right. title. interest and privilege as may be us and enjoyed without interfering with or abridging the rights and right-of-entry hereby acqui d. 2. The owner also grants the right to en rand exit \'er and acros s any other lands of the Owner as necessary to use the described land or the purpos listed above . 3 . All tools. equipment. and othe property taken upon r placed upon the described land by the Government shall remain the P, perty of the Governm t and may be removed by the Government at any time within a re nab le period after the expiration of this permit or right·of- entry. 4. Upon the expiration r termination of this right·Of·entry . thli_ Government shall restore the ground contour. replace : pavement or other cover which was removed or damaged for this work. establish a groundc ver of grass on areas not otherwise cov~ed and reconnect any operating utility lines wh · were required to be disconnected or otherwise disrupted . 5. The owne of said property shall not be responsible or liable for injuries to persons or damage to propertY, hen such injuries of damage are caused by or result from the Government 's use of the premis s under the terms of the right-of-entry and are not due to the egligence of said owners. \ • E X .. I B I T A ) I • 0 - • • • \ \ ,. • . . ~ - ( U.S. Environment.al Protection Agency, Region IJIV · (High-Volume Air MonilOring Unit \ City of Englew .. •, 6. The 1 d subject to this permit or right-of-entry is located in Colorado, City of glewood and is more panicularly described as: A City of Englewood blic Golf Course that lies behind the mainten ce building and is show on the attached map mar d "Exhibit I" and made a part hereof. SIGNED TIDS --~--day of MAY, 200 I. Owner CI'IY OF ENiLEH'.XD (Owner 's Name ) 'lb::mas J. Burns, Mayor (Owner 's Name ) 2 B y:------------- Chief, Real Estate Di v isi o n Northwest Omaha Distri ct U.S . Arm y C orps o f Eng ineers \ \ ) I • C, 3 • • -• • ..... ll. .. .. --.. BY AUTHORITY ORDINANCE NO ._ SERIES OF 2001 COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER~~~~~~- A BILL FOR AN ORDINANCE ENTERING AN INTERGOVERNl\IENTAL AGREEMENT WITH THE U.S . ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS ASSESSMENT PILOT PROGRAM FOR ENVIRONMENTAL C LE . .\i'-HJ P OF THE CENTENNIAL PARK EXPANSION SITE. WHEREAS . in May , 2000, Englewood previously e nte r e d mto a n intergovernmental a greement establishing the Co lorado Brownfi elds Clea nup Revolving Loan Fund: and WHEREAS, in September, 1997 , Englewood e nte r ed a n inte r gove rnme nta l agreement with the U.S. Environmental Protection Age n cy fo r a Brownfie ld s Assessm e nt Pilot program which is an ongoing grant to pay fo r q u alified e nvironmental assessme nts ; and WHEREAS , the City of Englewood now de sir es t o make u se of this low cost funding available through the Colorado Brownfields Cleanup Revo lving Loan Fund for environmental cl e anup of the Centennial Park expansion si t e . NOW, THEREFORE. BE IT ORDAINED BY THE CITY COlJNC IL O F THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : Sectjon l . City Co uncil of the City of Englewood here by approves e ntering into an intergovernmental agreement with the Colorado Brownfie ld s Cleanup Revolving Loan Fund for low co st funding for environmental cleanup of Centennial Park expansion site, a copy of which is attached hereto as Exhibit A and incorporated h e rein by reference . Sectjon 2. The Mayor of the City Clerk is authorized to sign a nd t he City Clerk attest said agreement with Colorado Brownfields Cleanup Revolving Loan Fund for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 18th day of June , 2001. -1- 0 I • 0 • • • ,. • ...... .. .. • -' Published a s a Bill fo r an Ordinance on t he 22 nd day of June, 2001. Thom as J . Burns , Mayor A'ITEST : Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis , Ci ty Clerk of t he City of Engle wood , Co lorado, h er e by certify that the above and foregoing is a true co py of a Bill for a n Ordinance , introduced , r ea d in full, and passed on first reading on the __ day of----------- 2001. Loucrishia A. Elli s -2- • ) I • 0 3 xi • • • • . . . - COLORADO BROWNFIELDS REVOLVING LOAN FUND LOAN AGREEMENT CHFA 4/01 Perm THIS LOAN AGREEMENT ("Agreement") is made and dated as of , 2001 . by and between the Colorado Brownfields Revolving Loan Fund . acting herem by and throug h th e Colo rado Housing and Finance Authority (the "Lender"). and the City of Englewood . Colorado (the "Borrower"). RECITALS WHEREAS . the State of Colorado (the "State ") has rece ived a grant (the "Grant") from the United States Environmental Protection Agency ("EPA") under and pursuant to the "Brownfie lds Initiative" under the Comprehensive Environmental Response . Compensation and Responsibil ities Act of 1980. as amended ("CERCLA"); and WHEREAS. the State . acting through the Colorado Department of Public Health and Environment ("DPHE", acting as the "Lead Agency" under the Grant), the City and County of Denver and the cities of Englewood , Lakewood and Loveland and the Colorado Hous ing and Finance Authority (the "Auth ority") have entered into a Memorandum of Agreement (the "MOA") creating the Colorado Brownfie lds Revo lving Loan Fund ; and WHEREAS , DPHE has contracted with the Authority to act as the State's fiscal agent to rece ive and administer the Grant on behalf of the Colorado Brownfields Revolving Loan Fund ; and WHEREAS . the Borrower is the owner of certain real property located in Eng lewood . Colo rado (the "Property"). which property is more particularly described m Exhibit A. attached hereto : and WHEREAS . the Borro-r has undertaken and com pleted the removal of en vironmental hazards located on the Property (the "Project") in accordance with the prov1s1ons of the MOA. the terms and conditions of the Project Plans (hereinafter defined). and the applicable provisions of federal and state law , includ ing CERCLA (42 USCA 9601 et. seq .) and regulations contained In 40 CFR Part 300 : and WHEREAS . the Borro-r's contractor and its subcontractors compiled with app licable prov1s1ons of Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating to federally-assisted construction contracts ; and WHEREAS . all laborers and mechanics employed by contractors and subcontractors in the performance of construction , repair, or alterat ion work financed in whole or in part through the Loan (defined below) were paid wages not less than those prevailing on projects of a similar character as determ ined by the U .S . Department of Labor in accordance with the Dav is-Bacon Act ; and WHEREAS. the Borrower wishes to borrow and the Colorado Brownfields Revolving Loan Fund has agreed to lend funds to finance the Project. NOW , THEREFORE. in consideration of the mutual covenants and agreements herein contained , the Borrower and the Lender agree as follows : legal\Englewood\Loan Agmt-Pem, net .doc • I • 0 • • • • ' -,•' ... • -' 1. Loan and Purpose. The Lender agrees to lend and the Borrower agrees to borrow Seven Hundred Five Thousand Forty-one and No/100 Dollars ($705,041.00) (the ·Loan") for the Pro ject. The Loan will be disbursed to the Borrower subject to all of the terms . provisions . conditions , covenants and agreements contained in this Agreement. The Loan is evidenced by a promissory note of even date herewith (the "Note"). This Agreement, the Note . and any other document evidencing . securing or executed in connection with the Loan are hereinafter collectively referred to as the "Loan Document s." 2 . Conditions Precedent to Loan . Prior to the advance of any Loan proceeds to the Borrower, all of the following conditions shall have been satisfied , which satisfacti on sha ll be de term ined by the Lender in its sole discretion : follows : (a) The conditions established by the Lender for the closing of the Loan shall be satisfied. (b) DPHE , acting in the capacities of Site Manager and On-Scene Coord inator with respect to the Project , shall have inspected the work in .:lace and determ ined that Borrower or its contractor, as applicable. has completed the ?roiect in strict com pl ia nce with the Scope of Work , Project Budget. Work Schedule . Health and Safety Plan (OSHA 1910-120-126) and, if applicable . Quality Assurance Project P1an (collectiv ely, the "Proiect Plans"); the applicable provisions of state and federa l law. incl ud ing CERCLA and regulations contained in 40 CFR Part 300 ("NCP"), 40 CFR ?an 31 . 40 CFR Pan 35 . Subpart O and the applicable cross-cutting requ iremen ts generally described ,n the BCRLF Adm inistrative Manual (EPA Publication 500-9-98 -001 ). Se ction IX, and . in a good and workmanlike manner . (c) DPHE shall have received and approved the Ce rtifi ca te of Completion by the Borrower's LEP and the Construction Completion Report de ve !ooed by Borrower's LEP in accordance with Section 300 . 165 of the NCP and applicable E?A guidance . (d ) Borrower shall have delivered to the Lender all necessary permits issued by th e appropnate governmental authority evidencing or relat ing to the completion of th e Pr oiect and placement in service of the Property . The cost of obta ining and maintain ing same shall not be paid or reimbu~ed from Loan proceeds . (e ) Borrower shall furnish to the Lender assurance that any latent defects in the Project can be remedied in the form of a bond or letter of credit in effect for a period of not less than one year after the completion of the Project. (f) Borrower shall be in compliance with all applicable provisions of state and federal law pertaining to the Project , including CERCLA and the regulations contained in 40 CFR Part 300. 42 USCA 9601 et. seq . 3 . Agreements of Borrower . The Borrower covenants and agrees with the Lender as (a) Borrower shall comply with all applicable provisions of state and federa l law , including CERCLA, in its operation of the Property. (b) The Borrower shall maintain the Property in good repair and condition and shall not demolish any part of the buildings or structures located on the Property or commit any waste without the prior written consent of the Lender. • ) I • 0 ']- • • -• • l > .... \ ... ... • - (c) The Borrower shall maintain financial records pertaining to all matters relative to this Agreement and the Project in accordance with generally accepted accounting principles and procedures and shall retain all of its records and supporting documentation applicable to the Project for a period of ten ( 1 OJ years following completion of the Project. All such records and supporting documents shall be made available. upon request. for inspection or audit by the Lender, DPHE or their respective representatives. (d) The Borrower shall not discriminate against any person on the basis of race . color, religion. sex, national origin, handicap , age , or veteran status , sexual preference , or any other basis prohibited by law in the lease , use and occupancy of the Property or in connection with the employment or application for employment of any person related to the operation and management of the Property. (e) To the extent authorized by law , the Borrower shall indemnify, save . and hold harmless the Lender against any and all claims . damages, liability and court awards including costs, expenses , and attorney fees incurred as a result of any act or omission by the Borrower, or its employees , agents . subcontractors , or assignees pursuant to the terms of this contract. (f) Borrower shall maintain and keep in force general liability insurance with a minimum of $1,000 ,000 coverage per accident or claim and casualty insurance with respect to any improvements on the Property. The Lender shall be named as "Los s Payee" and "Additional Insured", and Borrower shall deliver to Lender from time to time at Lender's request certificates of insurance or policies evidencing all such insurance then in effect. Policies shall be endorsed to provide that the Lender shall be provided with thirty (30) days written notice of any cancellation , suspension or reduction in limits . (g) The Borrower shall not assign or attempt to assign, directly or indirectly, any of its rights under this Agreement or under any instrument referred to herein without the prior written consent of the Lender . The Borrower shall not convey, assign all or any portion of the Property without the prior written consent of the Lender . 4 . Representations and Warranties of Borrower . The Borrower represents and warrants to the Lender as follows: (a) All the necessary licenses. authorizations , consents, approvals and permits required in connection with the completion of the Project and the operation of the Property have been obtained and are currently fully in effect. legallEnglewoocoan AQmt-Perm nc1 .doc ,• .. ) I • 0 I ] • • -• • 1·.,.. , . .. • • ' ... (b) As of the date of commencement of the Project and as of the date hereof. Borrower is not an owner or operator of the site pursuant to CERCLA : or , if the Borrower is an owner or operator of the site pursuant to CERCLA , it acquired the Property after the time of disposal or placement of the hazardous substances and DPHE has determined that it did not cause . contribute or exacerbate the release of such substances. or it falls under a CERCLA statutory exemption from liability, or it has acknowledged and agreed that EPA is fully entitled to use its enforcement discretion under CERCLA as described in EPA Guidance Appendix F. (c) There is no default on the part of the Borrower under any agreement or document pertaining to the Project to which it is a party and no event has occurred that with notice or the passage of time or both would constitute a default under any such document. (d) Borrower is not and has never been subject to any penalties result ing from environmental non-compliance at or on the Property. (e) The Property and the proposed use thereof comply with all applicable zon ing , environmental protection , use and building codes , laws . regulations and ordinances . Borrower has no knowledge of any violations of any laws , ordinances . codes. requirements , orders or covenants of any governmental entity , agency. instrumentality or association having jurisdiction over the Property . (f) The Borrower has full power to enter into and perform its obligations under this Agreement, the Note and the Loan Documents . The execution and del ivery of this Agreement . the Note and the Loan Documents and the performance and observance of their terms. conditions and obligations have been duly authoriz ed by all necessary action on the part of the Borrower . This Agreement , the Note and the Loan Documents constitute , and any other agreement required hereby will constitute . when execu ted and delivered by the Borrower to the Lender. valid and binding obligations of the Borrower enforceable in accordance with their terms . 5. Events of Default. The occurrence of any one or more of the following events or existence of one or more of the following conditions . with respect to the Borrower . shall constitute an Event of Default under this Agreement: (a) The Borrower shall fail to perform any term . covenant or condition to be performed hereunder and such fa ilure is not remedied with in thirty (30) days . unless a longer period of time is reasonably required to cure such failure . from and after written notice from the Lender to the Borrower . specifying said fai lure . (b) There shall occur an event of default under the terms of the Note , the Loan Documents or any other document executed in connection herewith . (c) Any representation or warranty made in writing to the Lender or DPHE herein or in connection with the making of the Loan. or any certificate , statement or report made pursuant to this Agreement by the Borrower shall prove at any time to have been incorrect in any material respect when made . 4 legal\Engtewood\Loan Agmt-Penn nc1 .doc • • ) I • 0 ] • • ti.-. 6. • ... .. •• . -' (d) This Agreement or the Note or any Loan Document shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void . or the validity or enforceability thereof shall be contested by the Borrower . or the Borrower shall deny that it has any or further liability or obligation hereunder or thereunder . Remedies . (a) Upon the occurrence of any Event of Defau lt and at any time thereafter . the Loan, with all accrued interest and other amounts payable hereunder , shall . at the option of the Lender, become immediately due and payable without presentment . demand . protest or other notice of any kind all of which are expressly waived by the Borrower. The Lender may proceed with every remedy available at law or equity or provided for herein or in any document executed in connection herewith . and all expenses incurred by the Lender and any assignee of the Lender in connection with any remedy shall be deemed indebtedness of the Borrower to the Lender or such assignee . The Lender may apply the proceeds from any collateral for the Loan or from any other source as and in any order it sees fit. (b) No delay or failure of the Lender in the exercise of any right or remed y pro vid ed for hereunder shall be deemed a waiver of the right by the Lender and no exerc is e or partial exercise or waiver of any right or remedy shall be deemed a waiver of any further exercise of such right or remedy or of any other right or remedy that the Lender may have. The enforcement of any rights of the Lender as to any security for the Loan shall not affect the rights of the Lender to enforce payment of the Loan and to recover judgment for any portion thereof remaining unpaid . The rights and remed ies herein expressed are cumulative and not exclusive of any right or remedy that the Lender shall otherwise have. 7. Rights of the Lender. The Lender may assign , negotiate. pledge or otherwise hypothecate this Agreement. the Note and the Loan Documents or any of its rights and security hereunder or thereunder, in whole or in part . In case of such assignment. the Borrower will accord full recogn iti on thereto and hereby agrees that all rights and remedies of the Lender in connection with the interests so assigned shall be enforceable against the Borrower by the assignee thereof. a. Miscellaneous Provisions. (a) Neither this Agreement nor any provision hereof may be changed . waived . discharged . or terminated orally and may only be modified or amended by an instrument in writing , signed by the parties hereto . (b) Inspections and approval of the Project and the workmanship and materials used therein impose no responsibility or liability of any nature or kind whatsoever on the Lender or DPHE to Borrower and/or any third parties . The parties hereby expressly agree and acknowledge that their relationship is that of lender and borrower and that no other relationship , including that of joint venture , partnership or other common enterprise is created by this Agreement or the other Loan Documents . lega~Englewood\Loan Ag mt-Penn nc 1.doc : . ) I • 0 - • • • • .. • - (c) All rights , powers, and remedies herein given to the Lender are cumulative and not alternative. and are in addition to all other statutes or rules of law. Any forbearance or delay by the Lender in exercising the same shall not be deemed to be a wa iver thereof and the exercise of any right or partial exercise thereof shall not preclude the further exercise thereof and the same shall continue in full force and effect until specifically waived by an instrument in writing executed by the Lender. All representations , warranties and covenants by Borrower shall survive the making of the advances of the Loan and the provisions hereof shall be binding upon Borrower, its successors and assigns and inure to the benefit of the Lender. its successors and assigns . (d) During the term of the Loan , Borrower shall not, without the prior written consent of the Lender, create or incur or suffer to be created or incurred any encumbrance . mortgage, pledge , lien or charge of any kind upon the Property other than encumbrances permitted hereby. (e) Borrower agrees that. in the event there is any conflict between the terms and conditions of this Agreement and the Note, the Note shall prevail . unless compl iance with CERCLA requires this Agreement to control. (f) All notices shall be in writing and shall be deemed to have been sufficiently given or served when presented personally or when deposited in the United States mail , by registered or certified mail, addressed to the parties at the addresses set forth below . Such addresses may be changed by notice to the other party given in the same manner. (g) This Agreement and all covenants , agreements . representations and warranties made herein shall survive the execution of this Agreement and shall continue in full force and effect so long as the Loan is outstanding and unpa id . (h) tf any provision of this Agreement is held invalid, such invalidity shall not affect other provisions of this Agreement which can be given effect without the invalid provisions and , to this end, the provisions of this Agreement are hereby declared severable . (i) This Agreement and all matters of performance relating thereto shall be governed by and construed and interpreted in accordance with the laws of the State of Colorado or, to the extent applicable. CERCLA and EPA regulations . (j) This Agreement may be executed in several counterparts . 6 lega~Englewood\Loan Agmt-Penn nc1 .doc . ' . ) I • 0 32 - • • • • t ~,;. .. . ,· ( • -... IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fi rst above written . legal\Engl~oan Agmt-P«m nc1 .doc COLORADO BROWNFIELDS REVOLVING LOAN FUND By: COLORADO HOUSING AND FINANCE AUTHORITY 1981 Blake Street Denver. Colorado 80202 By: Milroy A. Alexander, Executive Director BORROWER: CITY OF ENGLEWOOD . 1000 Englewood Parkway Englewood. Colorado 80110 By: Its 7 • I I • 0 I - • • • • ··~:~ .. .. • • .. EXHIBIT A (Attached to and forming part of a Loan Agreement dated as of _____ , 2001 . by and between the Colorado Brownfields Revolving Loan Fund and the City of Englewood . Colorado.) LEGAL DESCRIPTION OF THE REAL PROPERTY SEE ATTACHED 8 legallEnglewood\l.oan Agmt-Penn nc I .doc ' . .. .. ~ " • I • ) I • - • • • I• ~-~. ... . . . - ~ ... CUit Sf l/4 "-V4 I :CC ii -f'ND. Y M..UN U, I 'SUR 1,1 U ..,.,.Clil -..:INUOI CQ I 1'176 -fill I/" SU ,,, LS 10717· • LEGAL DISCBJPTION -PARCEL 1 · A PART Of' THE SOUTHEAST ONE -QU ARTER Of TH( N0R1M(4ST ON(-CU ART(R Of" S:(CTlON 8 JQ'IJN ShlP S SO UTH , RA,~G( 68 \JEST Of TH[ SIXTH PRINCIPAL MERI DIA N, CtT'r or ENGL (WOOD CO~T'T Of' AKAP~>-tO( STAT [ Of" COL ORADO . MORE PARTIC UL Al>U O(SCRI B[D AS rOcLO•S COMHENCI NG AT TH£ HQQTH'w'(ST COR N(R or TH( SOUTH(AST CN[-QL.AR T(R er TH( NORHCAS T 0 N(-CU4R T(R or S AID SECTION B. THENCE SOUTH 99•57•34• (AST ALONG H< N()IHH LI N( or S AI D SOUH t(ilriS l OM:-Ou;.R l(I< Of TH( NORHt[AST ON(-OU.-.RT(R AND "LONG TH£ hORTH LINC or A P ARCEi. 0(S.CRIS£D I N 600K 317' A T P"'i-l 4 IN TM( RECOR DS OF ARAP AHO( COUNT Y. A DI S TANCC or 60 58 n:r r TO 1 ... c l RU( P OIN T or B[GINNIN U. TttfNC( CON TJNUI~ SOU TH 99•57•3,a• EA ST ALONG SAID NORTH LIN( OF Tf"t( SOUlH(f'CIS:T ONE -JUART[? or TM( NORTHf~S ONf-QUART(R A DISTANC( or 45 7 41 ru:.t TO A. POJNT ON ht( \oi(S T(RL Y R!GH T-Dr -w'AY L I NC or TH( SOU TH PL.a.TT( lil:I V (R CHANN(L A.S DtSCRI B(D IN BOOK 4434 A T ?P.GC 215 I N TH( =l(CDRDS OF" ARAP AHO( COUN Tt . ~~I D POINT ALSO BCJNG ON A. NON-TANGENT CUR V C1 TH£NCt 'S OUTHEA ST(QLY 4LONG SAID 'w'(ST (RLY RIC.1-H-Of"-w'AY LIN[ AND AL ONG TH( ARC or SAJD CURVE TO TH( L trT , HAVING -' RADIUS or B1662 rt(T III N D A CENTRA L -NGL[ or J4")6'•S·. AN MRC DISTANCE or 493.32 fECT (THC CHORD or 'wHICH 8£,t,R S SOUTH 10·29•2 3• (A ST A Ol SlANC[ or 4&:, 8~ f ((T> TO A POINT ON THE NORTH'\J(ST[Rl Y CORP-CR or A PARCE L DC SC RIBED AR R(C[PTION NO Adl03blc IN THC RE CORD S or ARAPAt10E COUNTY1 THENCE DEPARTING SAID RlGMT-OF-'wAY LIN£. SOUTH 00"26'51" IJ [ST ~ DI ST ANCE or 8.96 rrrT TO A POIN T ON THE BOUNDARY or IH( •rOR[SAID PARCE L DESCRIBED IN BOCK 317< •T PAG[ 4 1 TH(NC( NORTH 71"28'17" 'w'EST ALONG THC BOUNDAR'r Of S1'ID PARC£L A DISTANCE Of" 6 2 98 7 f((T, f hCNC[ NORTH 00"24'41" (AST ALONG TH( BOUNDARY Of' SA(D PARCEL . A DIS TAM:C Of" 275.00 rrt T TO H,t lRU( PQl/\,T or BE GINNING . CONTAINING AN AREA or 4.121 ACRES . MOR( OR LESS . 1£CAI Qt:SCRIPDON -PARCEi 2· A PART or TH[ SOUTHEAST ONE -QUARTER or TH( NORTHEAST CN(-OUAlll[R or SECTION a. ANO A PART o r TH[ SO UTHWEST ONE-QUARTER or TH( NORTH\/(ST ONE-QUARTER or SECTIO N 9 . All IN TO\/NSHIP 5 SOUTH . RA NGE 68 \/[S T or TH[ 6TH PRINCIPAL ME:RIDIAN . CITY Of' SHERIDAN . COUNTY Of" ARAPAHO[. STAl[ or COLOR ADO . H(la[ PARTIC ULARL V DESCRIBED AS rOLLOIIS • COMM£NCING AT TH£ NORTHWEST CORNER or THC S0UTr1(AST Qh(-QU ART(R or TH( MlflTHCAST ONE-QUART ER or $AI D SE CTION 8 . TH[NC( SCUlH 99•57•34• (AST .._ONG TH( NCRl H LI NC o r SAID SOUT H(AST ONE -QUARTER or TM( NORTHEAST CJN[-OUART[R A DISTANCE Cf' 517 .99 rEET TO A POINT ON THE \/ESTERLY RIGHl-Or -wAY LIN( or TH[ SOUTH PLATT[ RJ V[R CHANNEL AS O(SCRIBED lN 800,C 4434 AT PA GE 215 IN TH( Rtcmrns or ARAPAHO( COJNl'I . SAID POINT ALSO BEING ON A NllN-TANG(NT CURVE , THCNC[ SCUTHEAST[RU ALONG SAID \/(ST ERL Y RIGh T-Or-•aAV LINE AND ALONG TH[ ARC er SAID CURV E TO Tl1£ [F"T, HAV ING A RADIUS or 816.62 rccr AND A CEN TRAL ANGL E OF 34•)6'45 .. AN ARC DISTANCE or 4 1ij] 32 rcc r TO A POINT CN lH( ~QRT t,'J[ST CORNER or A PAR CE L D(SCRJE(D AT RECEPTION NO. A81036J6 IN THC RECORDS Of ~APAttQ( COUNT Y1 Tt-1CNC( CONTINUING ALONG TH[ 'w(STERL'f RIGMT - Or-wAV LINE or THC SOUTH PLATTE RI VER CHANN(L AS DESC RIBE D IN BOOK 4196 AT PAGE 390 . ANO AL ONG H,[ ARC or SAID CURVE TO THC l(rT . HA VI NG • RADIUS CIF' 916 .62 r[[T ANO A CENTRAL ANGLE Of" 30"11'52'. AN ARC OlSTANC[ or '430.40 rccr TO A POINT 0..-TANC£NCY 1 TH(NC( sour~ ,3•59•39• (AST ALONG S AID TANGEN T, A DI S TA,..C( Of° 321.20 rttl TO A POINT Qr CI.JtiVC 1 TH[NC[ '-1....0NG T+-1( olYIC Of' SAID CLIRV[ TO Tl1[ RIGHT , HAVING A RADIUS or •5662 fE[T AND A CENTRAL ANGL[ CJ" 35•3•·1•·. Nill ~c DISTANC[ or 283.48 r(ET TO A POINT or TANGENCY , THENCE SOUTH 29•25·2·· [AST ALONG SAID TANG[NT . A DIS TAHC[ Of" 9616 f'[[T TO A POINT ON n,r NORT HERLY RIGHT-or-.... , LINE or 1,/(ST UNION AV(NU(, TM!:NC[ DEPART ING SAID \/ESTERLY RIGHT-Of"-1,/AY LINC . SOUT H &2·23•30• wtST . ALONu T...C N()RTt,i(liLY RJGHT -CJF"-\{A'Y U N( Of' .l[ST UNION AVENUE A DISTANCE or 17761 f [[T TO A POINT ClN THC NOIITHl:RLY IIOUNDAR Y LI NC Cir A PARCE L OCSCRIIIED IN BOO• 1045 AT PAG( 581 IN TH£ RECORDS or ARAPAHO[ COUNTY , THENCE N!JR T,< &J'49'34' \/(ST ALONG SAID NORTHERLY llllUNDARY LIN( A DIS TANCE or 195.06 rrCT , lHCNC( NOIITH 8~'49'5&' \/[ST ALONG SAID NOfHH[~LY BOUNDAAY LINC A DISTANCE Of' 539.2• f'EET lC A PotNT ON THC IJ(ST LJN( Of" TN( [AST ON(-t-tALr or TH[ SOUTHtAST ON£-QUART(R or H£ NOATH(AST ON£ OU ARTE~ or SAID S[CTlON 8 . TH[NC[ POTM OO"l6 '1,· [AST ~ONCi SAID J[tT LIN[ A DI ST AfrwC[ or 688.31 rcCT TO A POINT ON THE SOUTHEAST CCJlNER Of' • PARC[L DtSCRtlCD IN IQOI( 3620 AT PAG[ 547 IN THE fil[CORDS or AR~PAl-10 ( COUNTY , TH[NC[ NllfllH 00·2 1·~· [ASl "'-ONG THC [AST BOUNDAR Y lNC Of" SAID PAIIC(L . A DISTANCE or 9% rt[T TO THC TRUE POINT or JICGINNING . CONTAINING AN ARCA or 7~5 4 ACRES . MORE OIi LESS TOGETHER 111TH A NIJN-£XCLUSI VC (ASCNENI r[lfl INGRESS ANO EGRESS •S RESER VED BY PETER <IC"'IT SON S' CO . A NEIJIIASKA CORPORATION IN THC OCED TO CCl.ORAOO C(Nl~At. PC-C:R COHP ... Y. A OCLA\/MC CORPClflATION , R(CllRDCD r[Bf!UAIIY 24 . 1959 IN l[l[)I( llJJ AT PAGi: &J . COUNTY or .o<AP• ... oc. ST ATE or COLORADO. SUIYIXOl'S c:amncmoN I. l((VIN R. CO..QUITT . A R(GISTERCD LAND SUR VEYO R IN lH( STATE Cf' CCLOIIADCl . Hl:RCBY S TATE rOR AND ON B(HAt.r or HO<TG(IM(RY-PHILLIPS . INC. THAT A SUR V(Y or THC ABOVE OCSCRIBCD PARCELS Of" LAND \/A S CONDU CTED BY N£ Clfl UNDCR MY DIRECT SuPCRVISION AND CHECKING ON MAIICH 10. 2000. THAT SAID SURVEY ANO TH[ THC ATTACHED PRINT HEREON \/CR[ NADC IN SUBSTANTI"'-ACCORDANCE WITH CR.S. Ja-51-102 ' LAND SUR V(V PLATS' ... \ J2431 )\ ./!.'l -.. ' A PORTION Of' PARCEL NC. I LIES \/!THIN A 100-YEAR rLOOD PLAIN PER rtHA rLOOD INSURANCE RAT( MAP COMMUNITY PANEL NC . 08005COl45 J , RE VISED AUGUST 16 , 1995. 2. THERE \/AS NC CURRENT TITLE CIJMMJTM(NT ruANISHl:D AS Of' THC DATE Cf' THIS SURVEY J . BASIS CT ICARINGS IS N 89'51'23" II ALIJNG THC SOUTH LINC or THE NC l/4 Of' S(CTION 8 . T 5 S, R 68 \/ Of' TH[ 6TH PH. AS SHOWN llH THC SURVEY AND SECTIIJN BR£•KDCIIN 91 GINGERY ASSOCIATES r[lfl THE CITY or ENGLEWOOD. DATED SEPTEMBER Of" 1980. :.1!H&' :~D~ 1 ~~~~~ t:~.tOJS111'"'Ji. c::1~~ 'v~~ AFT[R YCLI FJJIST DISCDV[R SUCH llU[CT. IN ICI CV[NT . MAY ... y ACTION IASCD ll'ON ANY ocrtcT IN THIS SUIIV(Y JIC a»KNCCD NIii[ T-lCN YEARS FROM TH[ J)ATC Cf' TH[ COITJflCATD< SHD\/N HCRCIIN. BICOIQQ"S c:mancm· ACC[PTCD fllfl DD'OSIT IN ll<[ orncc or Tl<C <DINTY Cl[fll< AND ACClll>DC• OF' IIIU1,,11HX. CO...TY, AT LITTL£TDN, CDI..IJIADO llH THIS ------ • ) I • 0 • • • • • - COLORADO BROWNFIELDS REVOLVING LOAN FUND PROMISSORY NOTE PAYEE: CHFA 2101 BORROWER: CITY OF ENGLEWOOD 1000 ENGLEWOOD PARl<!IIAY ENGLEWOOD. COLORADO 80110 COLORADO HOUSING AND FINANCE AUTHORITY 1981 BLAKE STREET DENVER. COLORADO 80202 eom,wers Taxpayer ID No.: 98-034 70 Note Dale : _________ _,----- lnitial Principal Amount: Seven Hundred Five Thousand Forty-one and No/100 Dollars ($705.04 1 00) Interest Rate: Two percent (2.0%) per annum FOR VALUE RECE IVED. Borrower . ;ointly and severally rt more than one. promises to pay to the order of Payee the pnnc1pal sum of Seven Hundred Fiv e Thousand Forty-one and No/100 Dollars ($705.041 .00). o, so mucll thereof as sh all have been aovanced by Pa yee from time to time (the "Initial Pnnopal Amounr) in accordance with the terms hereof and of that certain loan agreement between sorrower and Payee of even date nerewtth (the "Loan Agreement'") together with Deferred Interest. as hereinafter defined (the lnrtl al Pnncipal Amount plus the tota l of such Deferred Interest 1s hereinafter referred to as the "Pnncspal Amount"). together With interest on the outstanding unpaid balance of such Pnnci;>al Amount at the rate set forth above and together with other amounts which may be due 1n accordance with the proviSl()C"IS of this Prom issory Note {the "Note'") The Borrower shaU make payments of pnnc1p al and interest ,n a cc ordance with the fo llowing schedule Interest at the Interest Rate . on so much of t he Initial Principal Amount as shall be outstanding from time to time computed on the basis of a three-hundred-sixty-five (365) day year based upan the acrual number of days elapsed . sha" accrue. commencing on the date of the initia l advance of the Initial Pnnc1p1\ Amount hereunder and continuing through --------1, 2003. and the aggregate amount n,ereof ("Deferred Interest") shall be added to. and become part of, the Principal Amount outstanding as ot , 2003. Commencing on 1. 2003. the Pnncipal Amoun1 and interest thereon at the Interest Rate shall be payable . in equal monthly installments. m arrears. 1n the amount suffietem to fully amortize satd Principal Amount over a period of eight {8 } years AM unpatd pnnc1pal , Deferred Interest. accrued and unpatd interest. and all other sums due hereunder shall be due and payable 1n full on 1. 2011 (the "Matunty Date") All payments of pnncipai and interest shall be made at Payee's offices at the address shown abOve Of at such othet' place as Payee shall designate to Borrower in wnllng. For so long as there does not e,ust an Event c:A Default hereunder, as heremafter defmed. all payments received hereunoer 1nclud1ng prepayments . shalt be applied in the follOWtng order of pnonty: (i) to any amount required to oe patd into a tax and insurance impound account 1n accordance with any of the Loan Documents. as hereinafter defined : (ii) to retmbutm! Payee for advances made and expenses ,ncurred. including ,merest whteh has accrued on such advances or expenses. pursuant to the Loan Documents, as hereinafter defined: (iii) to accrued and unpatd interest: and (i v) to the outstanding pnnc,pal balance of this Note After an Event of Default hereunder which has not been cured within any applicable cure penod. alt payments recerled by Payee on this Note shall be applied by Payee to the impound account. acivances. accrued late charges . pnncipal. interest and other cnarges due hereunder or under the other Loan Documents . as hereinafter defined. in such order as Payee shall determine 1n its sole sub1ecuve discretK>n . In the event t11at Borrower shall fail to make any monthly payment due hereunder within eight (8) days of the due date thereof . Borrower shall pay to Payee a late charge 1n the amount of five percent (5 %) of s81d monttity payment. This Note may be prepaid in whole or in part at any time Without premium or penalty. upon thirty (30 ) days' prior written notice to the Aulhonty . • I • 0 I • • •• -... This Note and the Loan Agreement. together with all other instruments now or hereafter executed by BorTO\Ner or any related business enterpnse in favor of Payee. which 1n any manner evtdence the indebtedness represented by this Note or 'Nh1ch constitute additional secunty for this Note. are herem collectively referred to as the "Loan Documents" Reference 1s made to the Loan Documents for a descnpbon of the property cove<ed the<eby and the lights. remedies and obllgauons of the holdoer hereof 1n respect thereto . The occurrence of any one or more of the follOWtng events sha ll con slitute a default under 1h1s Note (an "Event of Default"): (a) Borrower shall fail to pay on or before the Matunty Date all amounts due and payable unde< this Nole: °' (b ) Borrower shall fail to make any monthly installment payment on the date such payment is due in accordance with the provisions of this Note (whether due on the date provided herem or by acceleration or otherwise): or (c) There shall occur a non·monetary default under the terms of this Note: or (d) There shall occur a default undef the terms of any Loan Document. Upon the occurrence of an Event of Default , the entire pnncipal balance. Deferred Interest and accrued intefest. 1rrespectrve of the Maturity Date spec.rfied herein. shall become Immediately due and payable at the ootion of Payee , subject only to the g1v1ng of pnor notice and the rights of cure as set forth below, to the extent apphcabte. and shall thereafter bear interest until paid in full at the rate of four percent (4%) above the applicable inte<ast rate . Upon the occurrence of an Event of Defautt (except as otherwise stated below). Payee shall not accelerate this llebt or make any payments for which Borrower 1s pnmarily liable unless it first malls to Borrower a, Borrower's address shown above. written notice of such default and such default is not fully cUted within the foltow,ng penods: (a ) ten PO} days after such notice ,s so deposited in the U.S . mail in the event of any failure to make a monetary payment to any person ; (b ) thirty (JO) days after such notice is so deposrted in the U .S. mail in the event of nonmoneta<y defaults not subject to Olher prov1s,ons of this paragraph, provided (i) within ten (10) days after ttMt madN"tQ rA the notice of defauH Borrower commences its cure and submits lo Payee in writing 1ts plan to cure: and (11) satd cure is continuously pursued by Borrower With due diligence. tt said default 1s not reMOnably ~ of betng cured Within thirty (JO) days. Borrower shall have such additional hme as ,s reasonably necessary to complete the cure. but 1n no event for more than ninety (90) days after the ma,ling of the notice of defaull, al prOVlded (x) said defautt 1s 1n Payee's reasonable Judgment curable within said penod. (y) Borrower provides Payee With wntten. delalled progress reports at least every thirty (30) days unhl lhe cure II complete, and (z) Borrower conltnuously and diligendy pursues said cure: o, (c) sudy (60) days afte< the fiing of any w,voluntary pelJlion 1n bankruptcy against or f0< the appo,ntment of a rece,ver f0< Borrower (except f0< petrtions for receivership filed by Payee), wrth the d1Sm1ssal of such petitions by the court within such penod bemg deemed to cure such default. Notwrthstanding the above provisions . none of the cure penods provided for ,n this paragraph shall apply 1n the foUowing circumstances: (i) in any circumstance when a detay ,n effecting a cure ts . in the reasonable judgment of Payee. likely lo result in any secunty being damaged. becoming uninsured or rendered unavailable to Payee 0< the value thereof being matenally and adversely affected: or (Ii) any default of the same type or nature which occurs more than twice in any one ( 1) calendar year: or (iii) any failure to proceed with any work required by the Loan Agreement with respect to the property descnbed lhen>1n (the "Property"): °' (iv) any fding of a voluntary pelibon in bankruptcy by Borrower 0< any gen8fal panner of Borrower 0< any guarantor of the Loan : 0< . 2 . --··- • · . I • 0 - • • • • r-~, -· .. • f • -' (v) any asstgnment for the benefit of creditors . fraudulent conveyance . or other plan or action instilulad by BofTower or any general partner of Borrower. in any attempt lo avoid the satisfaction of any lawful-: or (vi) any waste committed to the Property. or any demolition or removal of any improw,ments on the Property without Payee·s consent (other 11\an the exercise by any proper authority of the righ: ol eminent domain ): or (vii) any non-monetary default wh ich Payee reasonably determines is not capable of being aJred within the requisite period. The ~ ol lhls pa,agraph shall apply to defaults under all the Loan Documents, and unless expressly Slaled lo the contrary in such documents any cure period referred to therein shal be deemed to incorpOrate said provisions . tt any of said documents are inconsistent with this paragraph the latter shall be controling, unless said -document expressly pl"OVldes otherwise . Where additional notice or cure periods are pmvided in this or any other such documents or are required by any other con1!'8CI or by law . said periods and those contained in this paragreph shall run concurrently. Upon the occum,nce ol an Event of Defautt, Borrower agrees lo pay on demand all of Payee's costs and expenses incurred for the recovery of all or any part of or for protection of the indebtedness or to enfon:e P1¥J9's rights under the Loan Documents including, without limitation . reasonacle attorneys' ,-. Borrower waives presentment, notice of dishonor. notice of acceleration and prctast. and assents to any extensions of time with respect to any payment due under th is Note , to any subsottmon Of release of collateral and to the addition or release of any party . No waiver of any payment or other nght under th is Note shall operate as a -of any other payment or right. This Note is made and dated as of the date above written and is to be governed b'f and construed acconling to the laws of the State of Colorado. Notices whtch are given pursuant to this Note shall be given as set forth in the Loan Agreement IN CONSIDERATION OF PAYEE MAKING THE LOAN EVIDENCED BY THIS NOTE ANO AS A SPECIFIC CONDITION OF THE MAKING OF SAID LOAN BY PAYEE , PAYEE ANO BCRROWER DO EACH HEREBY IRREVOCABLY WAIVE ANY ANO ALL RIGHT TO TRIAL BY JURY IN AN Y ACTION . PROCEEDING OR COUNTERCLAIM AR ISING OUT OF OR RELATING TO THIS NOT E. ANY OTHE R LOAN DOCUMENT. THE LETTER OF COMMITMENT WHEREBY PAYEE AGREED TO MAKE THE LOAN ANO AJN MODIFICATION OR AMENDMENT TO ANY ONE OR ALL OF THE.'.I . OR ARISING OUT OF OR RELATING TO THE ACTIONS OF PAYEE IN THE ENFORCEME.'1/T THEREOF BORROWER DOES HEREBY ACKNOWLEDGE THAT IT HAS DISCUSSED ANO REVIEWED THE LOAN DOCUMENTS WITH ITS LEGAL COUNSEL AND UNDERSTANDS THE PROVISIONS THEREOF. INCLUOtNG SPECIFICALLY. BUT WITHOUT LIMITATION. THIS WAIVER CF JURY TRIAL. BORROWER ACKNOWLEDGES THAT IT HAS EXERCISED ITS INDEPENDENT JUOG'AENT TO ACT IN EXECUTING THIS NOTE ANO THE OTHER LOAN DOCUMENTS. ANO IS ACT ING U PON ITS OW N FREE WILL, WITHOUT DURESS. COERC ION OR COMPULSION OF ANY NATURE W HATSOEVER BORROWER· CITY OF ENGLEWOOD. COLORADO By: -3 - PIGlll.doc: .. ... I • 0 • • -• • • - COUNCIL COMMUNICATION DATE : AGE DA ITEM SUBJECT: Centennial Park Environmental Cleanup: Loan June 18 , 2001 11 a i Acceptance I ITIATED BY : Robert Simpson, STAFF SOURCE: Darren Hollin gswo rth , Community Development Director Business Development Specialist PREVIOUS COUNCIL ACTION: Previous Council Action (May, 2000): Englewood entered into an intergovernmental agreement es tabli shing the Colorado Brownfields Cleanup Revolving Loan Fund . This program provides low cos t financing to facilitate environmental cleanup activities. Previous Council Action (September, 1997): Englewood is c urrentl y under an intergovernmental agreement with the U.S. Environmental Protection Agency for a Brownfields Assessment Pilot program. This is an ongoing grant to pa y for qualified environmental assessments . RECOMMENDED ACTION: Staff request s that Citv Council approve the attached Bill for Ordinance entering into an intergovern mental agreement to borrow funds through the Colorado Brownfields Cleanup Revolving Loan Fund . The loan provides a low cost financing mechanism for the environmental cleanup of th e Centennial Park ex pansion site, which enables the City to complete the project on an expedi ted schedule. Without the loan the park expa nsion ma y have tak en ea rs to develop and would ha ve jeopardized the participation of other funding partners . BACKGROUND AND ANALYSIS: On December 6, 2000, Community Development along with Parks and Re c reation Department provided an application to the Colorado Brownfields Cleanup Revolving Loan Fund (BCRLF ) requesting funding assistance for the environmental cleanup associated with the Centennial Park expansion site . Englewood's Brownfield pilot grant through the US EPA provided a $20,000 grant to conduct environmental assessments on the site. The Brownfields loan was approved with a two year deferral period and is a low cost funding mechanism enabling the City to address environmental conditions on the site prior to the expansion of the park. • I • 0 • • l~~.\ ... .. . . .. • -' The loan terms are as follows: Loan Request: Interest Rate : Loan Term : $705,041 2 percent 10 yea r loan; 2 year deferral; 8 year amortization 200 1 -Project draw period. Pa yment deferral period with interest accruing. 2002 -Payment deferral period with interest accruing. 2003 -2010 -Repayment period. Eight-y ear amortization, at 2 percent with estimated annual pay ments of $100,000 The Colorado BCRLF presents an opportunity for our community by providing financin g for qualified environmental cleanup activities from the Centennial Park expansion . The fund is a mechanism to leverage City resources through a funding source that provides favorable lending terms through long-term loans and below market interest rates . FINANCIAL IMPACT: The proposed loan creates a better cash flow position b y enabling the City to spread project costs out over eight years. Further, the Colorado BCRLF allows for a two-year deferment period, which postpones the required pa y ment for a period of two years. The loan is structured to conform to Colorado statutory (TABOR ) standards, which requires annual budgetary appropriation of debt service obligations. The estimated annual debt service for the proposed loan is $100,000 beginning in FY 2003 . LIST OF ATIACHMENTS: Bill for Ordinance Loan Agreement Note .. .,: .. . ,. I. 0 - .. • • RESOLUTION NO.~ SERIES OF 2001 • • -... A RESOLUTION APPROVING AN AGREEMENT FOR THE GRANTING OF A LICENSE BY UNION PACIFIC RAILROAD COMPANY TO THE CITY OF ENGLEWOOD FOR THE BIG DRY CREEK TRAIL. WHEREAS , the City is cooperating in an intergovernmental effort to complete the Big Dry Creek connection from Belleview Park to the Platte River Trail ; and .. WHEREAS, as part of the implementation of th.is project the City Council of the City of Englewood approved Ordinance No. 2. 2000 . in which the City accepted the property from RBI; Ord. 63 , Series of 2000 , in which the City accepted property from King, and Ord. 65 , Series of 2000 , which granted a Construction Easement for the Big Dry Creek Trail; and WHEREAS , the proposed Big Dry Creek Trail construction plans require a tunnel beneath the Union Pacific Railroad Company Right-Of-Way for the rail line: and WHEREAS. Union Pacific Railroad Company is willing to grant a license to the City to allow for construction of that tunnel across its Right-Of-Way ; and WHEREAS , the cost of this license will be paid by the South Suburban Parks Foundation. NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon l. The License Agreement between the Union Pacific Railroad Company and the City of Englewood, pertaining to the Big Dry Creek Trail, attached hereto, is hereby accepted and approved by the City Council of the City of Englewood . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest the License Agreement for and on behalf of the City of Englewood . ADOPTED AND APPROVED th.is l81b day of June , 2001. Thomas J. Burns. Mayor ATTEST: Loucrish.ia A. Ellis, City Clerk -1- • J 0 I • 0 - • • • ··~. , . .. .. • -.. 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 Resolution No .~ Series of 2001. Loucrishia A. Ellis -2- ,. I • 0 I • • • .. Bicycl e & ~edesrrian Tr.iii Crossing O IO I 15 Form A pproveJ . A V P-L:1w • • - LICENSE FOR BICYCLE AND PEDESTRIAl"'II TRAIL CROSSING ON RAILROAD PROPERTY Folder No .· 18 82-62 THIS AGREEMENT 1s mad e this __ day of , 2001 , by and between U'.\llON PACIFIC RAILROAD COMPANY , a Del aware Corporation ("UP") an d th e CITY OF ENGLEWOOD , a munici p a l corporation of the State of Colorado l"L1cen see"). IT IS AGREED as follows : Section l . RIGHT GRANTED . a) In consideration of a one time licensee fe e in the sum of SIX THOliSAJ'IID TWO HlJNDRED SEVENTY DOLLARS (56,270.00) to be paid by Licensee to UP , upon the execution and delivery of this Agreement, the payment of the cos ts and expenses to be incu rred by UP and/o r Licensee purs uan t to this Agreement. and subject to the terrns and co ndiuons of this Agreement. t:P her eb y grants to Licensee, its s uccesso rs and assigns. a license to construct, maintain. use. repalT , renew and reconstruct a public pedestrian and bic ycle trail on. al ong and under UP's right-of-way tracks at UP's ~file Post 9 19 on t:P's Colorado Spnngs Subdivisio n at or near Englewood . Arapahoe County. Colorado , in the location shown on th e pr int dated ~la y 31 , 200 1. marked Exhibit A , and per details as s hown on the prints marked Exhibit 8 , all attached hereto and hereby made a pan hereof (hereinafter th e "Trail" or the "Property"). The Trail s hall al so consist of a galvanized chain link fence at least si x (6) fee t !ugh along both sides of the Trail b) Li censee, at its so le cost and expense . wtll co nstruct, ma intain , repair, renew and re co nstruc t the Trail and all other necessary facihue s . structures , appurtenances, warning signs, stop signs. fencmg and concrete encasement protection covers on the Property, and or on adjacent l iP ri ght-of-way o r Licensee's adj acent property, in compliance wi th all design and constru ction s pecifications and plan s that ha,·e been re viewed and approved by L'P . c ) L icensee , at it s sok expense, agrees to patro l, or cause the Tra il to be p atr olled by po lice officers with la wful cnati on authon!)'. and to vigo rou sly enfo rce the prolu bition against trespass of C P's adpcent nght-of-way. d ) Lic en se~. at its so le e'.\pense. shall promptl y remo,·e an y graffiu that the T rail users may paint or pla c e on UP's bn dg e smicture or other property. e) Li censee will co mply with all federal , state and local laws, ordinances, ru les and re gu lat ions whi c h are appli cable !O the use , management and maintenance of the Trail. I) The rights granted herein are made subJC Ct to and subordinate to the pnor and continuing right and obhgation of UP , its s uccessors and as s igns, to use all of the tra cks and property und erl y mg and above the Trai l tn the performance of its duty as a o mmon c arrier. and there is reserved un to u P , and us suc ces so rs and assigns. the nght (consis1en t w ith 1he n ghts granted he rem 10 Lice nsee) to construct. re construct, mam1ain, repair, use and operate existing or fu ture additional ra ilroad tra cks. track appurte nance s , fiber optic or signal lines and faci liti es, pipe, and wire Imes over, under and ac ross the Property . g) T he rights granted herein are granted onl y in so fa r as UP ma y law fu ll y grant the same and UP makes no covenant or ,, arranty of title , o r fo r quiet possession or against enc umbrances. No dama ges sha ll be re coverable fr om UP be cause of any dispossession of Licensee or because of failure of, or defect, tn UP's title to the Property. The rights granted herein are also subject to any and all outstanding or existing licenses, leases , easements, restriction s, conditions, covenants , claims of title and other rights (whether public or pnvate and whether recorded or unrecorded) including, but no r IJTnited to, those for communication, pipeline and wire line facilities and also to any and all extensions and renewals thereof. The Licensee shall not damage, destroy o r mterfere wi th the property or ri ght of nonp anies in, upon or relating to the Property. unless Licensee at its sol e expense, settles wi th and obtains a re lease from such nonparties on mutually satisfactory terms . 188:-62 City of Englewood. CO -Bi¥ Dry Creek Tro ,I Under Crossin& Ma y JI, 2001 I • 0 ] • • -• Bicycle & Pedestrian Trail Crossing O IO 115 Fann Approved, A VP-Low • • - .. ' Folder No .: 1882-62 h) Licensee, by virtue of this grant, shall not encroach upon, or occupy or use any other property of UP , eitcept as required for the construction of the Trail, and emplacement and maintenance of the fencing, concrete protective covers and other items as herein required. i) UP grants to Licensee only the right for the purposes aforesaid and Licensee shall not use or permit use of the Property for any other purpose . j) To enable UP to perform construction, operation or maintenance work on its tracks , track appurunances, right of way , bridge, embankments, or other improvements on the Property, from time to time as UP , in its sole discretion may deem necessary or convenient, UP may temporarily close the Trail after reasonable notice to Licensee, unless such work is an emergency nature in which event UP may close the Trail without prior notice to Licensee. In the event of such an emergency, UP will immediately notify Licensee . k) If the right granted herein shall result in a substantial operational or safety problem for UP, then the parties shall negotiate in good faith to resolve such problem to the murual sa tisfaction of the panic s . I) Fiber optic cable systems may be buried on Ll''s right-of-way. Pro1 ec11on of the fiber opuc cable system is of extreme importance since any break could disrupt service to users resulting in busines s mterrupt1on and loss of revenue and profits . Licensee , or its contractors, shall telephone UP during normal business hours (7 :00 a.m . to 9 :00 p.m., Central Time. Monday through Friday, except for holidays) at 1-800-336-9193 (also a 2-1-ho ur seven day number for emergency calls) to determine 1f fiber optic ca ble is buried anywhere on the nght-of-way to be used by Licensee . If it is , Li censee, or its contractors , will telephone the telecommun ic auon s compan y(ies) involved, arrange for a cable locator. and make arrangements for relocation or other pro1 ec11 on of th e fiber opuc cable prior to beginning any work on the nght-o f-way. Section 2. CONTRACTOR'S RJGHT OF ENTRY AGREE:VIE'.'JT : FLA GG NG . a) The Licensee confirms that all work described herein , will be pe rformed by a co ntra ctor or contractors hired by the Licensee . The Licensee agrees to require each of 11s co ntractors. (and their re s pe ct ive subcontracto rs). to execute UP's form of Contractor's Right of Entry Agreement that is mark ed Exhibit C , hereto attached and hereby made a pan hereo f, and 10 provide UP the insurance binders or cemficates set fort h m Exhibit A-1 of the Contractor's Right of Entry Agreement before commencing any work on any l,l' property . b) The Licensee shall also require its co ntractors/subcontractors to perfo rm the ir co nstruct ion work in such a manner so as not to endanger or delay the movement of trains , engines or cars of UP, and so as not to injure or endanger UP's officers, agents , employe es or damage their property . The Licensee shall also require its contractors/subcontractors to give precedence to the movement of trains, eng ine s and cJrs of UP , over the movement of vehicles or equipment or co nstruction activities of the Licensee's contractors 'subc ontra ctors . c) If Jt any time during the construction of the Trail , UP deems 1t necessary that fla ggi ng prote ctio n is necessary , such fla gging shall be provided by UP at no cost to lJl' as set forth in the Co ntrJ clor's Righ t of Entry Agreement described in Se ction 2A above . Se ction 3. LIABILITY . a) To the extent permitted by Colorado law, Licensee shall save , protect, defend, indemnify and hold harmless UP , and its respective affiliates , and their respective officers , agents and employ ees , against and from any and all liability, loss, damages, claims, demands, costs and expenses, fines and penalt ies of whatsoever nature, including court costs and attorney's fees , arising from and growing out of any injury or death of persons whomsoever (including officers , agents and employees of UP or the Licensee and of any contractor as well as other persons) or loss of or damage to property whatsoever (includ ing property of or in the cus tody of UP. the Licensee or any contractor as well as other property). Licensee's obligation to indemnify sha ll accrue when such mjury . death, los s or damage occurs or ari ses from Licensee's or the general public's use of the Property and Trail , or 3 breach of th is Agreement, or any use o r misuse of the Property and Trail , including muat1ons when individ uals used such Property and Trail to ob1am Jccess to an y other right-of-way or property of UP . 1882 -62 City ofEn¥1e wood . CO -Btg Dry Crttk Trail UnJcr Crossm¥ • May 3 1, 2001 I • 0 ] l .r • -• B,cycle & Pedestrian Trail Crossing O IO 11 5 Form Approved, A VP -law • • -' Folder No .: 1882-62 Section 4 . TERMINATION ; WAIVER OF BREACH; TERM . a) UP may terminate this Agreement by giving Licensee notice of termination if Licensee defaults under any obligation of Licensee under this license and, if after written notice is given by UP to Licensee specifying the default, Licensee fails either to immediately begin to cure the default, or to complete the cure expeditiously but in any event within thirty (3 0 ) days after the default notice is given. A waiver by UP of a breach of Licensee of any covenant or condition of this Agreement shall not impair the right of UP to avail itself of any subsequent breach thereof. b) UP may also terminate this Agreement by giving written notice to Licensee if safety and operational needs of UP are materially affected or impaired by Licensee's use of the Property, and UP and Licensee caMot come to any mutual agreement or understanding as to how Licensee, at Licensee's sole cost and expense, will eliminate such material effect or impairment. c) This Agreement and the license and permission herein granted shall be effective as of the date first herein written, and shall remain in full force and effect until terminated as herein provided, or until the Property and Tra,l are abandoned as set forth in Section 5 below. Section 5. ABANDONMENT. If Licensee , its successors and assigns , shall abandon the Trail and Property, or any portion thereof. fo r the purpose set forth herein for a continuous period of twelve ( 12) months , then this Agreement and the nghts granted herein shall cease automatically and terminate with respect to the portion of the Property so abandoned . Section 6 . REMOVAL OF TRAIL UPO N TEIUJP.-IA TION OR ABANDONMENT. Within ninety (90) days after termination of this Agreement or Licensee's abandonment of the Trail an d/or Property, the Licensee, at its sole cost and expense, shall remove all of the Trail improvements from the Property or adjacent UP right-of-way and res to re the Pro perty and such right-of-way to its or ig inal condition. foi ling in which 'UP may perform such activities at the expense of Licensee . Section 7. :-,iOT!CES . Any notices required o r desired to be given under tlus Agreement sha ll be in wrmng and personally served, given by overnight express delivery, or given by mail. Telecopy notices shall be deemed vahd only to the extent they are (a) actually received by the individual to whom addressed, and (b ) followed by delivery of actual notice in the maMer described above within three (3) business days thereafter. Any nonce given by ma,l shall be sent, postage prepaid, by certified ma,!, return re ce ipt requested, addressed to the party to recei ve at the following address or at such other address as the party may from time to time direct in writing: UP : Union Pacific Railroad Company ATTN : D irector-Contracts Real Estate Department 1800 Farnam Street Omaha, Neb ra ska 68102 Facsimile : (402 ) 997-3 601 /3602 Licensee: City of Englewood ATTN : Parks & Re creat io n 3400 South Elat1 Street En glewoof, Colorado 801 10-2304 Fa csimile®303) 762-2320 Express delivery noti ces shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Sec tio n 8 . SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the panies hereto, their successors and assigns, but Licensee shall not assign this Agreement or any rights herein to an y party without the prior written consent of UP . 1882 -62 City of Enslewood, CO -81~ Dry Creek Trail Under Crossing P,ge J • ) I • 0 • • • • .. • • Bicycle & Pedeslrian Trail Crossins 010115 Fonn Approved, A YP ·Law 0 Folder No.: 1882-62 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year first above written. WITNESS : By ______________ _ By-::----:----=-=-C7""-::-:--~~--Loucn.shl.a A. Ellis, City Clerk Pursuant to Authority Provided in City Resolution No .. _ _..;4c.:7 ______ _ dated J\llle 18, 2001 1882 -62 Ci ry ofEnslewood, CO -Bis Dry Creek Trail Under Cross ona UNION PACIFIC RAIROAD COMP ANY CITY OF ENGLEWOOD By ________________ _ Titl e: Tnc:rnas J • Burns, Mayor May 31,2001 • • I I • 0 - • • WKENYON QUINN ,....1ll1,tL:w .. ,.. C: m LES ; m "' "C: u, z,... ..J ~ i ij WI..EHIGM z f WMILAN· ...... NSFl~L D WORK TO BE PERFOR.i\1£D: . . .. ~,- "' ~ \ er SS R88 ... ew 3s~ I ~15'~ •" .. Propo sed co nstruction of an underpa ss pede strian crossi ng for the Big Dry Creek Trail Project. • .. • -' LOCATION Of N EW BICYCLE & PEDESTRJA ~ TRAJL 4 " ~ " To De1M1r C RO SSL'-:G CO;';S TRCC TIO~ LE HI GH WNASSAU (I' II) ... .. "' 0 t]' .... z PROJEC T ,. .............. _ ...... . ~ ~. 0 ""N'(Cl< 'l';to,,;;~~ z s C t ~ <II .. % C: i3 " ·n WKENYON " ! "' 0 u 0 C '" "' s; l .. : "' "'"' n % .... m 0,; "' )<=:, 0 " m m WRAOCLIH .. Cl ~c. ,, 1'-,e.(of ,, nglawood MART E -..ANSFIE LD E o.,.ASSAU SS;:t 88 e OX.FOr\D E :>RIU CE TON i WllJ"Ts "' ;:; > 0 "' " " < ~ ~ ~ Ii Cl) > "' ~ ~ W SE RRY e matt E CH "' "' > E 0 C/) > n 0 ' U~UG O CHENA r4 GO E $1(.CN C> PErm wooo E 9E L -EWOOO \ V ... JH , n ,: .~·.·r:.!.;•i•.:!. WPMERS E OW ERS ~ ... TL E TON <l' "' S LO <;>N \ < s; E GRJ:.VE S ,: E OICHARO LN m ,FA IRLN"' < s 2 ?E L,,•E i -"' ,. EXHIBIT A UN IO~ PACIFIC RAILROAD CO!\IPA,'W COLORADO SPRI NGS SU BDI V ISION MILE POST 9.W GP S. \I J9° 37. 51 ·. W 105°00 551 ' E~GLEWOOD . .'\R ,.\PAHOE CO .. CO . Illustrative print sho "'ing loc :11 t0n ofan underpass pedestrian i.:rossing construction proJ<Cl w11h th< CITY Of E:"IGLEWOOO . folder No. 18 ::!,61 Date : May 31. ::!00 I WARSING IN ALL OCCASIONS . U , CO \l\fl ,ic.-.no , ot.l',lTMt:,r "L T 81:'.(C)fl, f ACTE D IN AUV ,\,[E t)F AN Y WOI.K TO 0£TEl\tl~E E).ISTE"-C'E 4h0 LOC A no,i Of' FIBEltCWTIC CA BLE f'MO'E 1-1•001 ·~1114) 'l ) I • 0 ... • • • • :., .. • -' COUNCIL COMMUNICATION Date Agenda Item June 18, 2001 11 Ci INITIATED BY D epa rtm e nt of Parks and Recre ati o n Subject Crossing Licens e from Unio n Paci fi c Railroad Compan y fo r Bi g Dry Creek Bik e Trail D eve lopment STAFF SOURCE Jerr ell Bla ck, Directo r of Park s and Rec rea ti o n Da ve Lee , Manager of Open Spac e COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance #40. Series 1993 -Intergove rnmental Agreemen t be twee n the City of Li ttl e to n , the South Suburban Parks and Rec reati o n District. and the City o f Englewood fo r the fundin g of the preparation of th e Big Dry Creek bicycle Trail Mast er Plan . Ci ty of Englewood co ntribution · $8,457.50 Ordinance #4 1. Series 1994 -Intergove rnmental Agreeme nt bet\veen the City of Li ttl et o n, th e So uth Suburban Parks and Recreation District, and the City of Englewood fo r th e de ve lopm en t of the Big Dry Creek Pedes trian/Bi cycle Trail Pro jec t fr o m th e So uth Platte Ri ve r Trail to Pr ogress Park in Littleton . To tal Pr o je ct Cost · $757,000; City of Englewoo d co ntributi o n · $38,-.58 1998 Budget -Council budget appro al of $40,000 for th e City of En glewood co ntribution to the Big Dry Creek Trail Pr oject. 2000 Budget -C o uncil budget appro al of $40,000 fo r the City of Englewo o d con tribution to th e Big Dry Creek Trail project. Ordinance #:2. Series :!000 -Cit accepted Gran t of Prop ert y from RBI. Ordinance #6 3 . Series :?COO -City accep ted Grant o f Pr o perty from King. Ordinance #65. Series :2000 -Ci t gran ted a Temporary Constructi o n Easement to South Sub urban for co nstru cti o n of the bike trail. RECOMMENDED ACTION Staff re commends Council approva l of an ag ree m e nt for th e granting of a c rossing lice nse by U ni o n Pacific Railroad Company to th e City of Englewood fo r th e co ntinued development of th e Bi g D ry Creek Pe destrian/Bike Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e development of th e Big Dry Creek Pedestrian /Bike Trail began in 1993 . Th e City of Englewood, the City of Littleton, the South Suburban Parks and Recreation District. and th e Sou th Suburban Park Fo undation have been partners in this project. Th e bike path throu gh Be ll eview Park was completed in 1998. The next phase for construction is the section from Windermere to Santa Fe . • I • 0 ]- • • • • ,-~,,. .. .. • - As part of the Windermere to Santa Fe phase , the Union Pacific Railroad Company will grant a crossing license across its right-of-w ay to the City of Englewood. South Suburban Parks and Recreation District will build and maintain this portion of the trail. FINANCIAL IMPACT There is no financial impact. The cost of the license is being paid b y the South Suburban Parks Foundation for the purpose of construction of a bi cycle path . LIST OF ATTACHMENTS Resolution Copy of License with Map ,. ' I • 0 J • • • • .. • -' As part of the Windermere to Santa Fe phase , the Union Pacific Railroad Compan y will grant a crossing license across its right-of-way to the City of Englewood. South Suburban Parks and Recreation District will build and maintain this portion of the trail. FINANCIAL IMPACT There is no financial impact. The cost of the license is being paid by the South Suburban Parks Foundation for the purpose of construction of a bicycle path . LIST OF ATTACHMENTS Resolution Copy of License with Map • ' I • 0 2 ]-- > • • • En11/ewood Sliutrle Feasibility Study S ummary of Phase II and Ill Acti vities • • - II. Summary of Phase I Activities and Findings Survey Results May 30. 200 1 A survey was used to uncover the commuting patterns of employees in the area. and the degree to which employees would use the shuttle for their commute and for lunch time excursions. Result s of Lhe survey were helpful in estimating the ridership of the shuttle. A total of 498 surveys were completed-152 of which were Swedish employees. Other respondents included other empl oyers of the area (largely working at the City or at the Wells Fargo and Bank One buildings) and residents of the Orchard Place and the Simon Center. (The Phase I Repon summarize s the survey results in more detail.) Major results of the survey include the following points . • 32% of all Swedish respondents said they would use a shuttle to commute to work at least once a week if it was available. as did 22 % of all other respondents . (For a se parat e surve y. 41 % of Craig respondents said they would use such a service .) • 16% of all Swedish respondents said they would use a shuttle for "'other trips"' at lea t once a week if such a se rvice were available. while 25% of other respond e nt s said the y would use a shuttle for such trips. • 37% of all Swedish respondents said they would use a shuttle for visiting restaurant s in downtown Englewood . while 46% of other respondents sa id they would use the shuttle for this purpose. In general. approximately one-founh to one-third of survey re spondent s indi cated that they would use the proposed shuttle for some type of trip. Projected Ridership of Shuttle Percentages derived from the survey results were applied to the total number of actual employees and residents to detem1ine a ridership estimate for the shuttle . ( A discount factor was used that assumed potential ridership is a function of geographic distribution of respo ndent s.) The total targeted market is estimated to be 4 ,065 , broken down in the following categories : 2 .250 medica l center employees. 1.565 other employees , and 250 residents of Orchard Place and Simon Center . Potential Englewood shuttle ridership was calculated for a "'no subsidy°' scenario. and also for the assumption that employers provide subsidies for fares . The ··no subsidy" scenario shows that. based on the survey re sults and the methodology described above. the Englewood shuttle could reasonably generate 1.795 riders that would use the system at least on ce a week. When an employer subsidy is assumed. the weekly ridership forecast increases to 2.068. Using those two numbers. additional ridership assumptions can be made. Calculations used by RTD re sult s in a total annual system rulers/tip of about 106,250 rulers assuming 110 subsidies art provided to patrons and approximately 122,450 rulers ifsucl, a subsidy were to be provided. Cir_v of Eng/e,.vxxl and BRW. In c . Pa ge] • I • 0 .... • • • • • - En glewood Shurrle Feasibilil\· S tudy Summan, of Pha se II und l/1 Ac til'itie May 30. 200 1 These numbers. in addition to !he informati o n presented earlier on ex istin g bus service frequencie s. indicate the need to provide supplementa l se rvi ce in addition to the RTD afte rn oo n peak period se rvice-spec ifica ll y fro m 3:00 to 4 :30 pm and after 6:00 pm in th e eve nin g. The morning peak period for medical employees correlates fairly c lose ly with RTD"s mo rnin g peak period . However, even durin g existing morning and aftern oon RTD peak periods. se r vice frequency could be improved . Overall Observations and Recommendations Based on the research and findings made by the project team and the o ng o in g coordinati on among the project team. the City of Englewood and RTD. th e fo ll owin g po int s emerged re lat ing to operations of tran sit and the shuttle in th e stud y area : • Existing bus servi ce linking the medi cal complex and th e Ci ryCe nt er operate s approximately every 30 minutes, with more frequent serv ice during limit ed peak hours which d oes not necessarily correlate to the peak hour wo rked by medi cal cent e r e mpl oyees. Whil e the RTD Route #35 would add bu s operations. o ften these additional bu ses would run onl y a couple o f minutes following the existing bu ses. a s ho wn 111 T ab le 3. • Existing RTD service (including th e Ro ut e #35 ) in the mo rnin g pea k period is n ot as even ly s paced in the we stbound directi o n as it is in the eastbound direc ti o n . Similar ga ps appear in the evening peak period in the we stbo und direction . • Frequency of existing bus service throu gho ut rhe stud y area. espec iall y after rhe additi o n o f the Route #35 . is not necessaril y ··below standard :· Howi:vc r. during several c riti ca l period s of the day, it run s le ss frequently th an o ptimal se n ice wo uld to meet the demand of stud y area workers and re sident s. Therefore . th e Route 1135 by it self 11 ·il/ 11 11 t 11 ecessarily reduce tir e gap s between se n ,ice to e1·e ry 15 mirrutes tlrruu ghnut tir e day--es pecially in th e we stb ound direction . Supplemental se rvice would be helpful as lo ng as th e service does not dupli ca te existing service . (Thi s probl em ha s occurred recentl y with th e B-Lint: capturing riders from rhe established Colorado Blvd bu s routes.) RTD is willing to work with the City of Englewood to inc orporate sli g ht sc hedul e modifications to e xi sting routes . Drasti c route changes. however , would be diffi c ult to implement because they would affect service along their entire routes. RTD is wary o f placing too much emphasis on se rving a large lunc htime dem and . For rh e Link in the DTC. lunchtime demand was overestimated, resulting in lunchtime bu ses be in g underutilized. Many medical center employees have only a 30-minute lun c h break . whi c h reduces the likelihood that these employees would use a shuttle during lunch . • Ten-minute service between the CityCenter and the hospital di strict would be considered optimal and an improvement over existing service . especially during peak period s a nd possibly during the lunch time . Thi s reflects the survey results. as most survey respondents re plied that ten minutes is the longest amount of time that they would wait for a bu s . Al so. ten-minute headways are desirable because at this interval people are le ss likely to need to depend on a timetable since they can anticipate when service will be provided . City of Englewood and BRW. In c . Pa ge 9 • I • 0 L] • • I )-~ -----I ' V : I®~(~ -1:tfif i 0-----il--.. i,,, !j ,\.__ ~f~~=--........ Lia --e r I 11 ~--1ft --ff 3 ' ~ __,ST • I ~ ®I n ~ @ FOX ST l r i EIATIIT IJ t ~r "--•-•-OT l ' "'---ar ) ~..., i '1 ·- (s Iii ' i_P I Ii\ .,_,.... ST =i II I/RONN/AV . ~ : . .:_:. ·l '! -:..; .. . ' !-··-. • .· ~ ~ -~ •• i .,, t I • • ~ I VI ':r ( ® '\ . INCOLNST § ® ~llJ •---sT ~ /i ® ® ~ OAANTST r / I i D LOGAN ST -ID I ~ , ID 15 : I .-YLVANAST ® : PENNSYLVANIA ST -- ~ ~ 0 ~i!!J P£N1LST PEARi.ST -- WASHINGTON ST WASHINGTON T -I ClNIKSONST 11 CLARKSON ST 0 ~ EMERSONST ! EMERSON ST ~ .~ t ~ :,: u= OGOENST ~ I CORONA ST - • ii IOOWNINGST t- ' -IONST \ • ~ ~ LAFAYETTE ST r7 Jr ' C: ::::, Cl) N 8 # I , .... 0 • • o/o ' J, --:. ~ • • - AGENDA FOR THE REGULAR MEETING Of THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 18, 2001 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. ?: E£ pi 2. In vocation. ~ 3. Pledge of Allegiance. t {/JVJt<J 4. Ro llCall. 0 5. Minutes . a. Minutes from the meeting of Regular City Council Meetin g of Jun e 4, 200 I. 6. Scheduled Visi tors . (Please limit your present ati o n to ten minutes.) .. Joa nne Antoniuk will present a petiti o n to City C oun cil regarding traific co nce rn s along So uth Broadway. 7. U nscheduled Visi tors. (Pl ease limit your presentation to five minutes.) p 8. · Communications, Proclamations , and Appointments . (µ/I -0 111"1 a . (p,,. A proclamation hono ring Bishop Elementary Sc hool Prin ci pal Gary Pri ce o n th e occasio n of his retirement . 9. Publi c Hea ring (No ne sc heduled )~ 10. C o nse nt Agenda . a. Approval of O rdinan ces o n First Readin g. 0 .$ b Approval of Ordinances on Second Reading . ~-. JJA;, Co""dl Bill No. 30 , '""' .. ''"' '" '"'"'~""-""' Awtt="' wl>h d,e A~y (// r,' ::;;,J Corps of Engineers for an Air Monitoring Station at the Englewood Golf Course. Plwe now. If ya,._. a lllalllllv •__.....,_.or tenic:et, pleaR notify the City of Ewglewooli (303-762•:UOS) al ie.t 41 ....... in adnnm of when serwicfl aft needed. 1hallk ,-. • , . 0 I • • .. . • - Englewood City Counci l Agenda Jun e 18 , 2001 Page 2 c. Resolutions and Motions. 11 . Regular Agenda. a. Approval of Ordinances on First Readin g. COUNCIL BILL NO. 31 -Recommendati on from th e Community Development Department to adopt a bill for an o rdinan ce en terin g into an Intergovernmental Agreement accepting funds through the Colorado Brownfields Cleanup Rev olvi ng Loan Fund for environmental cleanup at Centennial Park . STAFF SOURCE: Darren Hollingsworth, Business Development Specialist. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions . Recommendation from the Park s and Re c rea tion Department to adopt a resolution authorizing a Crossing License fro m U nio n Pa cific Railroad Cornpanv for Big Dry Creek Bike Trail D eve lopment. STAFF SOURCE: lerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 1 2. General Dis cussion . a. Mayo r's Choice . b . Coun cil Members' Choi ce . 13 . City Manager's Rep o rt. 14 . Citv Attomev's Report . Adjournment. 8 '. J/6 ~ The following minutes we re tran smitted to City Council between Jun e I and 14 , 2001 : • Englewood H o using A uthority meeting of April 4, 2001 Englewood Housi ng Authority meeting of May 2, :wot Englewood Cultural Arts Commission meetin g of May 2. 2001 Englewood Liquor Licen si ng Authority Telephone Poll of May 2, 2001 Englewood Plannin g and Zoning Commission meeting of May 8, 200 1 Englewood Parks and Recreation Commissi o n meeting of May 10, 2001 • I • 0 • • -. 1~-z-~ qio - JO/ol.t-.,.. ~ • .. ' • - I . 0