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HomeMy WebLinkAbout2000-08-07 (Regular) Meeting Agenda- • August 7, 2000 Regular City Co un cil Meeting • • - "· ,. .. .. .. 0 J • • • l • . ,1 ... .. • - Regular City Council Meeting August 7, 2000 Ord // Sl. •. -!,fl, S, ~ -,r,-S, '8'; "91, tel, 61, 62, 63, 64, 65, 66, 67, 68, 69 Reso /1 ..... 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 • ' ·,: .. ' . 0 • 0 0 I • 0 • • -• • .. ,., .. ·~ • -' ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNTY. COLORADO I . Call to Order Regular Session August 7. 2000 The regular meeting of the Englewood City Council was called to order b y Mayor Burns at :08 p.m. 2 . Invocation The mvocation was given by Council Member Nabholz. 3 . Pledge of Allegiance The Pledge of Allegiance was led b y Mayor Burns . 4 . Roll Call Present: Absent: A quorum was present. Also present : 5 . Minutes Council Members Nabholz. Grazuhs. Garre tt . Bradshaw. Wolosyn. Yurchick, Bums None City Manager Sears City Attorney Brotzman Deputy City Clerk White Cny Clerk Ellis Fire Marshal Greene Director Olson. Safety Services Senior PlaMer Stitt, Community Development Director Black, Parks and Recreation (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 17, 2000. Ayes: Nays: Abstain: Motion carried. 6. Scheduled Visitors Council Members Garrett, Bradshaw, Wolosyn, Yurchick, Grazulis, Bums None Council Member Nabholz (a) Jonathan MaMing, 3828 South Inca Street passed out a packet of information to C it y Council. He stated he has resided in Englewood for the past five ye ars and during that time he has had many experiences, some good and some bad. When he attended Englewood High School, he said, he played football , wrestled and played lacrosse and in these sports he excelled and grew. not only as an athlete, but also as a person. He advised that he was captain m football and wrestling. Mr. Manning noted he was also blessed enough by God to take the 4A , 215 pound . State C b.lmpionsh1p in 1999 . Besides sports , he said , he was also active in the school. He was involved m student government, being a representative in his junior year and being elected to the office of Student Body Historian his senior year. • I • 0 - • • -• Engle,.·ood City Council August 7. 2000 Page 2 '· .. • • • .. He anended Boys State where he learned to how government operated and he helped set up hi s 0 \\11 government. He learned parliamentary procedure and came back and taught it to Englewood student government. After graduating from Englewood. he said. he attended the Colorado School of Mme s. "here he also wrestled. Mr. Manning stated that during an incident in June of thi s year. he was subjected to profanity, degradmg remark and denial of rights. The officer who stopped us . he said. hed m hi s repon by saying that I used profanity in way that I did not. He chose to omit the fact that he used profanity. not once. not twice . but cveral umes . Mr. Manning stated that the only time he used profanity was m re spo nse to bemg call ed a name. w h1ch he then responded that in his opinion the officer was that name . The o bvi o us injury to my wnst "'as ignored. even though there was a white bandage around 111 s finger and \\Tapped around hi s wnst. The handc uffs were placed direc tl y over three marks o n hi s \\Ti st from the AnhroscO p) he had had two weeks before. Hts plea to have hts wri sts re-cuffed and placed in front of his body. because the way he was s tnmg was very uncomfortable and made his \\Ti sts throb, was also ignored. He was not seat belted min the pohce car. even though he requested to be seat belted in . About a ye ar previous to thi s incident. he satd, he was ma roll-over where he was saved by the grace of God and hi s seatbe lt . A linle more recentl y he had a good fnend. Russe ll Nomian. he also anended Englewood Hi g h Sch ool and placed second in State wrestling. he was in s imilar accident and died . simpl y because he wa s no t wearing a seatbelt. I thought there was a State law about seat belts. he said. Because they are pohce officers. does that entitle them to ignore the law when the y please, he asked. What reall y amazes me . he aid. 1s th at I was a passenger and if the vehicle was trul y being stopped due to a faulty tail li ght , the n why \\as I. th e passenger. .. as I was minding my own business ... harassed by a pohce otlicer. What compelled him to he about smelling alcohol on my breath, he asked. Mr. Manning advised that he had been on antib10 11 cs for the previous two weeks and he was still on Vicodin. He stated he believes 11 is because anyo ne under twenty-five, out after 9:00 p .m., is targeted by the police depanment. Mr. Manning explained that hi s refusal to take the Breathalyzer was based on the fact that not o nl y was he not dnnkmg. but the o ffi ce r al so refused 10 tell him his rights. Instead of simply stating that he was required 10 do so by law, the officer began to curse at him and call him names. After he s igned for hi s release lat er that ni ght. he \\as taken before the officer who stopped them. Mr. Manning asked ifhe wa released and 1fhe could ha ve hi s ID . back, he refused for fifteen minutes. because he wanted to and. m fact did. le cture him. After a lread y signing his release papers. he said he repeatedly asked him ,f he had been re lea ed and 1f he could have hi s personal property back. The officer·s reply was to contmue to lecture him with a profanity filled lecture, he said. He maintained that he was never gtven any random warnings or an o pponunny to ca ll omcone for courtSel. The real kicker, he said, is that the dm·er did not recel\'C a ticket for his taillights not workmg properly, nor did he receive an alcohol ticket. even though he registered a point zero one o n th e ponablc breath test . Of course. he pointed out. that reading can also reg ister 1f the person has used a mouthwas h or certain cough syrups. However. he emphasized. the same per on, who did no t recel\'e a ti cket. was coerced, without Miranda warnings or counsel. to make a statement that he . Mr. Mannmg. had been drinking. When he d1dn ·1 put my name in his statement. he was told that hts statement wasn ·1 good enough. He was told he had 10 use my name or he would go to jail. Mr. Mannmg said he d1dn ·t kno" that evidence gathered b y coerc ion was good police work and he didn ·1 know that profanity was a professionally accepted standard of the Englewood Police Depanment. I know now. he sa id . that pohce he and do what they want and m the words of the officer that stopped hi s friend·s vehicle ... you ha ve no rights . the police arc in control." I have now experienced what I have, previous ly, only heard from my friend s .. watch out for certam Englewood police officers, the y do what they want:· So in conclusion. he said, hi s question ,s ... when 1s the C n y Council going to recognize that there are some unprofessional police officers in the Englewood pohce department'! Those police officers that have their own agenda . And when are th e pohce going to stop wgetmg youth as criminals because they are. merely. under the age of twenty-five·• (b ) Fred Manning, 3828 South Inca Street. said he wanted to talk about the actions of the Englewood Police Department. In response to Mayor Burns, Mr. Manning advised that he is Jonathan Manning 's father . Mr. Manning said that he has always heard that you can catch flie s bener with hone y than vinegar, but he is just a vinegar kind of guy. He said he likes to say things how he thinks they are, whether people like to hear 11 or not. One of the things that is most offensive is the fact that the police can do what they want. He stated that if he was to speak, in the same manner that this officer spoke, he would be hauled in for disorderly conduct, he would be pissed off, but the officer has the right to do that, he is allowed 10, because ... guess what ... nobody does anything about it. Nobody comes down here and says • • I • 0 • • -• Englewood City Council August 7, 2000 Page3 • • - anything, because they expect nothing to happen . The average c it izen does not come to yo ur meeting. because he expects nothing at all to happen . That is why he stays home and pla ys wi th hi s re mote or goes and plays a sport or does something else . Mr. Manning advised that he came do wn to the mee tmg . be ca use he thought Council has the opportunity to do something . He said he thought Co unc il ne eds to thmk abo ut it. The prevailing question he really has, he said , is when did yo u dec ide to hate your kid ··> Think about. he said, the police target people under twenty-fi ve . When you come do\\11 Broadway afte r 9 :00 p .m., th e people that are stopped are under twenty-five. They are not people over twenty -five. they are under twenty-five . And what are their crimes? Driving with a broken tail pipe. wa ving the ir am1 o ut the wmd o \\. having their headlights on high ... some stupid linle reason . he said . It is all pretext and thi s has gone on fo r generations , it is not a new thing. For some reason, either because of the ignorance of yo uth o r because they have no say so in politics or anything else , they get targeted by the pohce . There are bankers. real estate developers , presidents, other people held in high esteem, who are bigger crook s and criminal s and nothing gets done about them. But, he noted. we have to target the youth. Wh y is that? I don't ge t 11. he said. Why is a question like "what are my rights?" supposed to be an insult to a poli ce offi cer. Wh y ho uld that be a challenge to his authority? Do you expect your rights if you get stopped? Do yo u e xpect to be treated in a professional manner? Does that typicall y happen to you because you are ove r twent y-five'/ ~I r. Manning said he is at least twenty -six and he hasn 't had this problem for a long time . But wh e n he wa s under twenty-five he was stopped over fifteen times . Wh y? Because his car was older. he wa s und er twenty-five and guess what ... he was a profiled person. Because , he in sisted, 1f you are out afi er 9 :00 p .111 . and you are no t over twenty-fi ve . you are a problem you mu st be a criminal , there mu st be somethmg wrong with you. What are you domg going out and ha ving a good time' Wh y are yo u o ut with yo ur friends ? Wh y are you going place s'! Wh y are you pla yi ng laser ta g at I :00 a .m . m the mo mmg·> The re must be something wrong with you. That, Mr. Manning stated. is the anitude that prevail s . T he other th 111g 1s equality. Why should our children think they have equal rights'> If I were to tum around and pull my pants down and moon the City Council, he said, I would be charged with mdecent exposure , I wo uld ha \'e a sexual crime on my record the rest ofmy life , because I am a civilian . But other people in the C tty do th e same thing and all they do is get a reprimand and lose a linle pa y. Well . there 's a problem there . he sa ,d . there is something about equality under the law that doesn 't exi st if you're under twe nty -five m Englewood. Now, are all the kids from the high school here ? o the y aren 't. Could the y be here'! We ll. he said, I think that's possible if that is what you want. He said ma ybe we can orgamze some marc hes fo r you, so you can get some good press about the image of Englewood co ps. Because. g ue ss what ? There arc a lot of kids that don't appreciate how they have been treated, they don 't apprec iate that the po hce can ge t away with linle white lies, because they are the believable adults. the ones who are the standard of the community. Well , guess what' Sometimes, he maintained, to make the linle probable cause or the indictment or whatever else they are looking for. .. the truth gets stretched Ju st a linle bot . Sometime to protect your salary or your job, the truth gets stretched a linle bit. Now, he noted , I could ha ve come do "'n here and used the same profanity that the cop did. for shock value. and Council would be totall y o ffend ed . But, you see, because this happened to someone under twenty-fi ve it is no big deal. Becau e . g uess wha t. ,f you are under twenty-five you are a liar, that cop couldn't ha ve done that, you couldn ·1 ha ve been treated that way ... it is not possible. But, Mr. Manning stated, it is. He said he has been around the hi g h s hoo l for the last five years and you can ask Mr. Pierson, the principal , the janitors, the coache s and a lot o f the teachers and they will tell you that I support the kids. I have been a sc hoolteac her, he adde d . Mr. Mannin g stated he hears at the high school and everywhere else that they aren ·1 treated fairl y. the y aren 't treated th e same and he just thought Council would like to kno w. (c) Doug Cohn, 3051 South Marion Street. stated he wa s address ing Council thi s e vening as the unofficial spokesman for the businesses along South Broadway. He said he wanted to talk about three things fairly quickly. The first one is to sa y that Counc il did a good job, that the y are pleased with the wo rk that has been done on the sign ordinance and the rev ision of that sort of stuff. That is a good thing . The revision has been needed for a long time and with everything that has been going on with the redevelopment of the CityCcnter, they appreciate Council taking the time to look at that whole issue . Mr. Cohn said he appreciates the work the City is doing with the repaving and the new look along Broadway. He opined that that is a good thing for all of the small business people and they do appreciate it. Even though last week they had a meeting ,.~th Mr. Sears and some fellows were fairly di senchanted with the disruption on that one Sunday morning. Mr. Cohn expressed hi s appreciation for the work Counc il did on • ~ ) I • 0 • • • Englewood City Council August 7, 2000 Page4 --. • . . • - the sidewalk sale ordinance. as well . So that is the good stuff. He stated that a lot of them are concerned about the Acoma Street parking lot . They realize that that is a fairly valuable piece of ground and he suspects that a de,•eloper could come in and offer a lot of money for that piece of ground. He said he wanted to let Council know that that piece of ground is also very valuable to the merchants along that street. He stated that he really wanted to urge Council to keep the merchants in mind . They apprecia1e everything Council has done for them and they are a linle worried about their parking lot . They need th e parking lot, he said. and they have come to depend on the parking lot for all the customers "·ho come to visit their businesses. From a certain point of view, he said. he thought they could even argue that the merchants go a long way towards paying for the parking lot with the sales taxes the Cny gets from th e customers who park there and buy things from us and from the real estate taxes that the owners of the buildings pay. He acknowledged it is not a direct payment, like it would be if they were renting n from th e City, but it is his contention that the businesses are helping to pay for the parking lot . It is not Just vacant land, with pavement on it , to them, he said. It is really imponant and. he said. he doesn 't want Counc il to build a high-rise office building or something on it. That. he noted, is reall y all he wanted to sa y. 7. Non-scheduled Viliton (a) Roy Rouse. 2916 West Union Avenue. said he just wanted to comment o n a co uple of different things, mainly the inconsistency of our police patrols and coverage. He noted they have had an issue going on for about three years concerning truck traffic and speeders over on West l!ni o n and the thing continues still today. They are instructed to call in when these things are happening and. he advised. the y do get some extra coverage when they call in . But. he noted. the y are there for a couple of da ys for four or five hours and then they don 't see them for several weeks or a month . Then "e call m again and here th ey come again. Mr. Rouse advised that the trash 1s staning to reappear on their lawns . the dust and conunotion and pollution is starting to come into their houses again and the trucks are coming back and they are coming back strong. We really don 't want them there , he said. and he didn't think Council would want them running in front of their houses e,·eryday. all day. The other thing . he said, as Mr. Mannmg stated, is the Wgeting of anyone under twenty-five. Mr. Rouse said he has heard of that going on for more than thirty years and he was targeted that way once when he was a youth . He said he actually didn 't live 111 Englewood at that time. but he said 1fyou don't live here. stay out of here . So 1t is not a new problem. he said, it is something that 1s fairly consistent and we want 1t to be consistent the other way, the good wa y. On a positive note. he said. be would like to show some appreciation for the notice he received m the mail a couple of days ago. One day last week he left hts garage door open all night and he received a nonce in the mail that an officer on patrol had nouced that and wrote a note and came back and checked on that. He noticed it was still open in the morning. He thought that was a nice service. They reminded him that he should kttp a little closer tabs on his garage opening and that he appreciated. So. he commented. he is no t here regarding totally negative things, there are some positive things about the Englewood police patrol and he has heard a great many of them But. he said, the negative things really do stand out and they would like to have more consistent coverage, bener coverage and, possibly, just some more personnel. Mr. Rouse sa id he doesn't know where the budget stands in gening more personnel. that he knows everyone is shon of police coverage. Everybody needs more policemen. Mr. Rouse said he would like to see them be more consistent and he would really like to see them stop targeting guys under twenty-five . If that is an issue , he said, maybe we can address that in the Englewood paper we get every month, maybe an explanation of that . (b) Mayor Burns advised that they asked Ben Greene, the Fire Marshal. to comment on the fire we had in Englewood today . Fire Marshal Greene said it seems like when he shows up it is usually after something has occurred. Unfortunately, he noted, he receives the phone calls the morning after and one of the phone calls he received was from a concerned citizen who lives over in that area who wanted to know what we were domg about the issue concerning Waste Management. He said he has already contacted people from Tri-County and also from Utilities and they are working together to try to facilitate a meeting between us and Waste Management so that what occurred last night hopefully won 't occur in the future and hopefully we will be given some answers concerning air quality and other issues . • ) I • 0 - • • -• Englewood City Coundl August 7, 2000 Page5 1 ·~. • ... • -' Mayor Bums asked that Mr. Greene explain what occurred last night . Mr. Greene advised that about I 0 :30 p.m. last night we received a phone call concerning a fire at Waste Management. When the fire crews arrived it was a fairly involved fire with trash build-up in their transfer station. The firefighters were there until almost 8 :00 a.m. this morning pulling the rubbish out of the building, extinguishing the fire and dealing with the smoke and the run-off and all of that. Fire Marshal Greene said that. as he understands it. very little run-off was actually put into the Plane from all the firefighting activities . The next step. at least from his point of view, is to deal with the environmental issues that may have occurred and also to prevent that from happening again. Mayor Bums asked if the fire was coufmedjust to the trash and not the structures or that sort of thing . Mr. Greene advised that they have already had structural engineers out there, but he hasn "t received the report yet. It appears. he said, that their structure is still sound. the fireproofing appears to have gone off of the structure , but those issues have yet to be addressed. (c) Fred Marming, 3828 South Inca Street. said he was probably out of order. but he JU St wanted to say something positive. Which is that there are some good Englewood police oflicers. he 1s not saying it is all of them, but it is the ones who are unprofessional and it is the polic y of targeting youth that he is opposed to. Also, he noted, he is leaving because he has been up for about 24 hours because of ht work . So, he said, he is leaving not because he is disinterested, but because he needs to get orne sleep . (d) Cbris Olson, Director of Safety Services , advised. regarding the Manning incident. that this is part of an internal investigation. The investigation is just about complete and II w111 be turned over for disposition after that point. He stated they will be looking at all sides of this story. because as usual with these, there are always two sides to the story. But if appropriate action needs to be taken against the officer named in these allegations it will be done . That will be determined when we are done , he aid. and be will get a chance to review it and he will get input from his senior staff as to what course we should take. He erq,hasized that this is being looked at very seriously and we will let Council know the outcome of this, in some fashion, probably in Executive Session . 8 . Communkatlons, Proclamations and Appointments (a) A resolution appointmg Tara Holmes as a Youth Member to the Englewood Pubhc Library Board was considered . Mayor Burns noted this is the second board she has been willing to serve on . The resolution was assigned a number and read by title : RESOLUTION NO . 72 , SERIES OF 2000 A RESOLUTION APPOINTING TARA HOLMES AS YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (a) -RESOLUTION NO. 72 SERIES OF 2000. Motion carried. Ayes : Council Members Nabholz, Garren. Bradshaw. Wolosyn , Yurchick, Grazulis, Burns Nays : None Mayor Bums noted Ms. Holmes was not present, but that she would receive her certificate and pin . He expressed his appreciation to Ms . Holmes . In response to Council Member Grazulis, Director Black confirmed that Ms . Holmes will be serving on both boards, the Parks and Recreation Commission and Public Library Board . ) I • 0 ]- • • -• Englewood City Coundl August 7. 2000 Page6 9 . Public Hearin& "'t '" ..... No public hearing was scheduled before Council. I 0. Consent Agenda • • -.. COUNCIL MEMBER GRAZULIS REMOVED ITEM 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVt: CONSENT AGENDA ITEMS 10 (a) (i) and (ii) AND JO (b) (i), (ii). (iii), (h•). M, (,·i), (vii). (,·iii). (ix). (x) and (xi). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 65 , INTROD UCE D BY COUNC IL MEMBER GARREIT A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7.500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTE RPRIS E ZONE MARKETING AND ADMINISTRATION . (ii) COUNCIL BILL NO . 67 , INTROD CE D BY COU'.'ICIL MB1BER GARREIT A BILL FOR AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT FOR ENGLEWOOD CITYCENTER BETWEEN THE CITY OF E 'GLEWOOO AND RTD . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 51. SERIES OF 2000 ( 0 1'CIL BILL '0 . 4 8. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 16, CHAPTER 4. SECTIONS 12. 13 AND 14 ; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TOT A TTOO AND BODY PIERC I 'G ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COM PREHENSIVE ZONING ORDINANCE . (ii) ORDINANCE NO . 52 , SERIES OF 2000 (COUNCIL BILL NO . 55. INTRODUCED BY CO CIL MEMBER GARREIT) AN ORDINANCE APPROVI G SUPPLEMENT NO . 148 TO THE SOUTHGATE SAN I TA TIO ' DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LA D WITHIN THE DISTRICT BOUNDARIES . (111) ORDI ANCE NO . 53, SERIES OF 2000 (COUNCIL BILL NO . 56 . INTRODUCE D BY COUNCIL MEMBER GARREIT) AN ORDINANCE APPROVING SUPPLEMENT NO . 149 TO THE SOUTHGATE SANITATIO , DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN TH E DISTRICT BOUNDARIES. (iv) ORDINANCE NO . 54 , SERIES OF 2000 (COUNCIL BILL NO . 57 , INTRODUCED BY COUNCIL MEMBER GARRETT) • . , ) I • 0 - • • -• Englewood City Council August 7. 2000 Page7 -;;,,---• • .. • - A ORDINA CE AUTHORIZING A QUIT CLAIM DEED FROM THE CITY OF E. 'GLEWOOD. COLORADO TO JAMES AND GAIL PE NS FOR 4,132 SQUARE FEET ALO 'G THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. ENGLEWOOD. COLORADO . (v) ORDINANCE NO. 55 , SERIES OF 2000 (COLiNC IL BILL NO . 58 . INTROD UCE D BY COUNCIL MEMBER GARRETT) AN ORDINAN CE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO'S ACCEPTANCE OF A PERPETUAL CITY DITCH EASEMENT FOR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET . (vi) ORDINANCE NO. 56. SERIES OF 2000 (COUNC IL BILL NO . 59. INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE AUTHORIZING AN INTERGOVERNME 'TAL AGREE:'v!E:S.'T BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE CITY OF HERRY HILLS VILLAGE , COLORADO ENTITLED "AMENDMENT TO WASTEWATER COLLECT ION SYSTEM MAINTENANCE AGREEMENT · CITY OF CHERRY HILLS VILLAGE " WITH RESPECT TO THE MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLA GE WASTEWATER COLLECT l01' SYSTEM. (vii) ORDINANCE NO. 57 , SERIES OF 2000 (COCi\ IL BILL ~O. 60. INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE ACKNOWLEDGING AN <;EASEMENT AGREEME!'.T" BETWEEN CHERRY HILLS COUNTRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SANITATION DISTRICT . (viii) ORDINANCE NO . 58, SERIES OF 2000 (COUNC IL BILL 1'0. 61 , INTRODUCED BY CO NCIL MEMBER GARRETT) A ORDINANCE AMENDING THE CITY OF ENGLEWOOD COM PREH E:-.:S IV E PLA:si TO INCL DE A REGIONAL PLAN ELEMENT. (ix) ORDINANCE ·o. 59, SERIES OF 2000 (COUNCIL BILL ~0. 62 . INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE PURCHASE OF ARAPAHOE RENTAL PROPERTY BY THE CITY OF ENGLEWOOD . COLORADO. (x) ORDINANCE NO . 60 , SERIES OF 2000 (COUNCIL BILL NO . 63 . INTROD UCE D BY COUNC IL MEMBER GARRETT) AN ORDINAN CE AUTHORIZING A BUSINESS LEASE WITH DO ALD BOWEY FOR USE OF THE ARAPAHOE RENTAL PROPERTY . (xi) ORDINANCE NO . 61, SERIES OF 2000 (COUNC IL BILL NO . 64 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 16, CHAPTER I. SECTION 8; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO ADOPTION OF THE OFFICIAL ZONING MAP FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : Council Members Nabholz. Garren, Bradshaw , Wolos:yn, • ) I • 0 • • • Englewood City Countil August 7, 2000 Page8 Nays: Motion carried . . ' ,, Yurch1 ck. Grazuhs. Bums None (c) Resolutions and Motions • • -... (i) A recomrnendauon from the Department ofConm1unny De\'elo pment to approve. by motion. a professional service contract wnh BRW m the amo unt o fS 27.296.00 fo r a feasib1ht y study on a local circulator shunle was disc us sed. Council Member Grazulis said she wanted to add. as 11 state s m here . that thi s shuttle would provide ntal linkages between downtown. employment centers and CityCenter and al so some other routes. She said she wanted to make sure the routes include destination pomts hke the Gothi c. and things . from h g ht rail. including perhaps some places in southern Englewood. Some destination points. like a theater. There are people who would like to get to that area. Mayor Burns said he thought the memo stated that sc heduling routes would be part of that a nal ys 1 He commented he was sure that would be an integral pan of n . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECO:\DED, TO APPRO\'E: CONSENT AGENDA ITEM 10 (~) (i). A PROFESSIONAL SERVICE CONTRA CT \\'ITH BRW IN TH E AMOL';q OF S2 .296.00 FOR A FEASIBILITY STUDY ON A LOCAL C IR C LA TOR H TILE . Vote results: Ayes: Nays : Motion carried. 11 . Regular Agenda Coun c il Member 1'abhol7_ Garrett . Brad ha". \\'oloS)11 . Yurch1 c k. G raz uhs. Burn None (a) Approval of Ordinances on First Readmg (i) Senior Planner St'itt pre ented a reconmiendauo n from the Eng le"ood Environmental Foundation to adopt a bill for an ordinance authonzmg an amendment to th e Engle " ood Town Center Planned Unit Development District Plan De 1gn tandards and G u1de hne and to se 1 a public hearing to gather public input . He explained that thi s \\111 provide for add111onal s ign reg ulat1 o ns for thi s development and we are also requesting that the pubhc hearing be scheduled for September 5. 2000 . Mayor Burns asked that Mr. Stin explain generally what kinds of s 1gnage amendments are included 111 tl HS . Mr. Stin explained that the Planned Unit Development that was adopted b y Co un ci l a year ago provided for sign regulations that were taken from our existing zoning ordinance. At the time those regulations were adopted into the PUD we did not have a very complete picture of exactly what the development would be like . Staff recognized that those standards probably weren't as creative a s necessary to really h1ghhght thi s development. So. he noted, we pursued a course of reviewing the different types of guidelines a vailable and this past spring we retained a consultant to help us complete those regulations with an eye towards the type ofdevelopment ... the Wal-Mart. the Bally·s ... the various elements, the residential piece. as well as this Civic Center. What we have done is put together a set of guidelines that addresses the unique needs and circumstances of this development, provides for some creative types of signage, not unlike the type s of signage that was approved by Council for the Broadway corridor. He pointed out that it expresses the unique character of this development and hopefully will provide additional design criteria for signage that is more compatible with this development. • ) I • 0 •' • • • .. ' • -' Englewood City Council August 7, 2000 Page9 Mayor Burns said he understands that the signage has been full y discussed with the developer, Miller Weinganen. Mr. Stin said yes, they presented this information to Miller Weinganen and to Trammell Crow and we have discussed the signage with Wal-Man and some of the other proposed tenant s for th.is development. All of their comments have been included. incorporated, into the proposed re g ulations . Mr. Stin advised that this was considered by the Planning Commission and approved at a public hearing a couple of weeks ago. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGE'.'I.DA ITEM 11 (a) (I) -COUNCIL BILL NO. 68 AND TO SET A PUBLIC HEARING FOR SEPTEMBER 5, 2000 TO GATHER PUBLIC INPUT. COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE ENGLEWOOD TOW~ CENTER PLANNED UNIT DEVELOPMENT DISTRICT PLAN ENTITLED "PLANNED L ~IT DEVELOPMENT SIGN STANDARDS." Vote results: Motion carried. Ayes: Nays : Council Members Nabholz. G arrett . Brads ha". \\'o lo 'Tl . Yurchick. Grazulis. Burns None (ii) Director Black presented a recommendanon from the Depanme111 of Parks and Recreation to adopt a bill for an ordinance accepting a Grant of Proixny for the continued de\'elopme111 o f the Big Dry Creek Pedestrian/Bike Trail. He said he was very pleased to be here toni ght to talk about Council Bill No. 66 and 69. Council Bill No. 66 allows the C it y to accept the King propeny that "as purchased for the bike trail. This is one of the last pieces that "ould allo" us to take th e Bi g Dt, reek Trail down to the Plane River. The propeny was purchased by the South Suburban Park Founda11on a s part of the project and the City will accept the deed for the propeny. The: Depury City Clerk was asked to read the council bill b y title : COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORD[NANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROP ERTY FROM TOM G . KING . Council Member Bradshaw noted this was a long. hot banle with this gentleman and even at the la st minut e he had second thoughts. He called it a donation, even though he got money . she aid. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 66. Motion carried. Ayes: Council Members Nabholz, Garren, Bradshaw, Wolosyn, Yurchick, Grazulis. Burns Nays: None (iii) Director Black presented a recommendation from the Depamnent of Parks and Recreation to adopt a bill for an ordinance authorizing a Temporary Construction Easement for Big Dry Creek Bike/Pedestrian Path. He stated that Council Bill No. 69 allows for a temporary construction casement on three pieces ofpropeny. One of them is the former RBI propeny. which was donated to the Ciry of Englewood, the other is the King propeny that we just spoke about and the third is the easement at the Englewood Corrunercial Industrial Center. This allows for the temporary construction of the trail itself. • ) I • 0 • • • En1lewood City Council Au1ust 7, 2000 Pace 10 I• ... • .. • -.. Mayor Bums asked when that would be completed . Director Black advised that the sc hedule ca ll s for completion by the end of this year . There are a number of grants ou t there that have to be completed by this year. Council Member Bradshaw said she thought Bob Seams was coming to Study Session next Monda y. Mr. Black said that was correct. In Study Session, Council will rece ive an update about the complete trail system. Mayor Bums said that was wonderful. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO A.PPRO\'E AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 69. COUNCIL BILL NO. 69. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORJZING A TEMPORARY CONSTRLiCT ION EASEME1'T BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRJCT AND THE C ITY OF ENGLEWOOD, COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL. Vote results: Motion carried . Ayes : Nays : Council Members Na bholz, Garrett, Bradshaw. Wolosyn. Yurcbick, Grazulis. Burns None Mayor Bums thanked Director Black, bis staff and everyone who bas worked so hard o n th is . He sai d 11 ,s very exciting news. Council Member Bradshaw said they have done a good job. (b) Approval of Ordinances on Second Rc.-ading lbcre wc.-re no additional items submitted for approval on second read ing . (See Agenda It em 10 • Conse nt Agenda .) (c) Resolutions and Motions lbcre were no additional resolutions or motions submitted for approval. (See Agenda It em I O . Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Burns said Co uncil attended National Night Out last Tuesday and he wanted to especially thank Nancy Peterson, who was operating under a considerable burden personally because of the loss of her daughter. He stated Ms . Peterson was good enough to give some of Co uncil personal lists of places to visit that night and Council appreciates the extra effon that took for her to panicipatc . (ii) Mayor Burns stated that, as they all know, we closed with Miller Weinganen last Friday, August 4'" and rece ived $4.9 million. And, be noted, we had a meeting with John Loss tonight and we are moving ahead with the first building. He commented that it bas been a lengthy negotiation with this entity and finally we closed and we are very anxious to get them moving on their pan of the development. Along the same lines, be said, last week Trammell Crow Residential submitted their working drawings for the residential portion of the development at CityCenter. We have a turnaround time of fifteen business days for City staff to review those drawings and we hope to have this whole process • .. ) I • 0 ] • • -• • ... • -.. Enclewood City Coundl Au1us1 7, 2000 Pace II completed in about a month or six weeks. Mayor Burns stated that we look forward 10 havmg Trammell Crow begin to lay their foundations down and start construction. (iii) Mayor Bums advised that they are being kept abreast of the progress of the roundabout. He said he is very anxious to get this completed, that there is some undergrounding of u1ili11e s. in front of the old library, that has to be done and we are going to get some temporary lighung in there . I le thought that should be open to the public at about mid-month. Mayor Bums noted that even tho ugh n say that only RTD buses should go through it, the public is going through it regularly and he has done It a couple of times himself just to see how it works. But, he stated, 11 is important to get this proJect completed. (iv) Mayor Bums emphasized that Council does appreciate the concern about the EDDA parking lot and noted that the City is continuing to work \\·ith EDDA for resolution of that maner. (v) Mayor Bums commented that we are all very pleased at the use of the light rail. He noted that it is about 30% above projections at this point and many Englewood citizens . and Linkto n. South Jefferson County and Highlands Ranch folks . have virtually changed their transit habits o,·em1ght with the light rail and we arc getting a lot of compliments on it. He opined that if they can soh·e the parking problems in future , that will help a lot too . (vi) Mayor Burns stated that we are pressing ahead with the General Iron project. We had a productive meeting wnh EURA last week about proceeding with a plan toward a blight study and eventual site acquisition and we are very anxious to move ahead with that as well. (vii) Mayor Burns noted that 11 1s a lime for a lot of activit y and ceh.·bration in Englewood this summer and Council appreciates the many. many people who are working on all of these projects and the Council members who have worked so well together on them. There is a lot more to come in the next 18 months or so. he said. and Council appreciates all the input on all of these projects. (b) Council Member's Choice (i) Council Member Nabholz: I. She noted that she received a letter of apology from our employees at the police department and she was v.:ry impressed, because she also had to write a lener of apology. She was very impressed w11h this letter and, she commented. it takes a lot of guts to do that. 2. She commented that she also attended a couple of the neighborhood Nauonal Night Out celebrations. Director Olson was lund enough to stop by our ice cream social, she said, and II was a very exciting time. She acknowledged that Nancy Peterson is under a great deal of stress and she adnures the fact that she is carrying on . (ii) Council Member Garren : I. He commented that, hopefully, we can continue to work on our issues on West Union . He said he didn't know how often police go by there . Mr. Garren asked that Council be given that information. 2. He advised Council that be would not be here next week, as he will be in our nation's capital. (iii) Council Member Bradshaw: I . She said one thing she would like to emphasize and that is that she thinks our parks are looking really good, that the medians on Broadway arc looking re.tly great, but she still thinks we need to set the bar for how properties look in the City. She stated she would like to have staff continue to do that, because she thinks our City docs look good and particularly the properties we own . • ) I • 0 • • -• Englewood City Counril August 7. 2000 Page 12 • .. • - 2. She apologtzed to staff for the non-meeting last Thursday morning and noted we are going to try again. This is EDDA and City. she said. She noted she teaches interpersonal communication at the college and she doesn't know that it was her error, but 1fit was she takes full responsibility for it. Ms. Bradshaw commented that she really thinks it was the error of somebody saying set the meeting up at thi s time . we set the meeting up at this time and then they chose not to show up. 3. She advised that the Tri-Cities meeting for September is going to include a "ride the bike trail.'' She talked to the lady from Ralph Schomp and she is going 10 have the E-b1kes, which are motorized bicycles . She noted we arc looking at changing that to a Monday around the 25"' of September. Ms . Bradshaw said she would be getting more information out lo Council and there will be a van or golf carts or something for those who don 't bike. We will work it out. she said. 4 . She said she read in National Cities Weekly about fast tracking approvals ofpernuts for a fee . he said she didn ·1 know if we had looked into that or if we want to look into that. but she thought that nught be a good idea . 5. She commented that this weekend she drove the site and it is really looking good. If some of Council hasn't had a chance to drive this area, she asked that they please take rime to do that . 6 . She advised that at the Englewood Housing Authority meeting on Wednesday. we sold the ho use we built on Inca and it sold for $195,000.00. The price of the house we were plarming 10 build for thi s school year came out at about $250.000.00, she said. so we are reducing the scope of that ho use because 11 would really overbuild for the neighborhood. Ms . Bradshaw stated that the Englewood Housing Authority has purchased the Normandy Apartment House over on Pearl and we are also working very closely with Community Development and purcha sed two properties on Gal.apago at a potential redevelopment site. (iv) Council Member Grazulis : I . She noted she also attended National Night Out in her neighborhood and the y had combined neighborhoods. She said they had belly dancers with live music and jousters from the Renai ssa nce Festival. Nancy Peterson stopped by, Ms. Grazulis said, and she reall y wanted 10 thank her. because afte r talking to a lot of different people, especially six different families from Littleton, two families fro m Parker, people from Arizona, California and Maryland. nobody had ever heard of National Night Out. So. she said, she had to applaud our City for doing such a wonderful job and she thanked Nancy Peterson. 2 . She said she wanted to comment on the Youth Council response regard ing the gopeds. She o pined they did a wonderful job of assessing the problems and she especially liked their idea about giving out th e little cards from the police department. Ms. Grazulis stated she feels we should pursue that and go ahead with it, ifwe haven't ab-eady . 3. She conunented that she thought the trash collection information was very interesting regarding the responses and she was not quite sure how to take all of it, but it is interesting to see how some people don ·1 care and how some people do. 4 . She said she wanted to congratulate Parks and Recreation regarding their reader 's choice awards . For the Englewood Recreation Center being the best workout facility , the Englewood Golf Course being the best golf course and the Englewood Recreation Center is the first runner-up for the best recreation center. 5. She stated she is concerned over the Concrete Works letter, addressed to Rick Kahm. with Harold Celva going in and asserting something ... saying stop the work. She said she wants to know how that finally ended up, how that came out and what Mr. Kahrn thinks about it . , . ) I • 0 - • • -• Englewood City Council August 7, 2000 Page 13 I • ... ... • • -.. 6 . She said she has a comment regarding the BOA . She asked if. when Dan Brotzma n wa as ked to leave the meeting . the people on BOA were in attendance that evening when the neighbors were here presenting their true-l ife stories, when the y made that dec ision . She asked i f the y talked 10 any of th e ac tua l people that were neighbors of Community Cares. 7. She said she had a question regarding the horsecar base . She said she wanted to kn ow the futur e plans for it. Ms . Grazulis said she knows it will have to be moved in and out occa s1onall y. but she wan ts 10 know the plans we have to make it look better. (v) Council Member Yurchick : l. He noted he received the letter to the MOA attorney and he wanted to kno w if the re was a ny response. City Attorney Brotzman said not yet and so it "'~II remain an open item. 2 . He advised he would like to set up the landscape work on Santa Fe fo r d 1sc uss1on at a St udy Session if it is not too late . City Manager Sears said he would talk to Jerrell Blac k and they could sched ule it for next Monday night. ..... Mayor Burns sa id he wanted to recognize the fact that the y had a Stud y Session toni ght and talked about the Baily's building and the participation, hopefull y. of th e David Taylor Dance Theater in that buildin g. He stated he wanted to especially thank Council Member Bradshaw for the work she has done wnh Dand Taylor over the past few days, in helping put together a proposal that Council can, hopefull y, work on and digest. He said he appreciates her work . 13. City Mana1er's Report (a) City Manager Sears stated we arc working on the C1tyCenter Celebrat io n on Au gust 26m. The City and MOA will be working together on the event . The event begms at 6 :00 p .m . that night and there will be dance out in the piazza. The Olde Tyme Fair will be held that da y a s well . so there will be a lot of activity. (b) City Manager Scars said, in talking to 'anc y Peterson, that she wa s very pleased wnh th e support of Council and offered her thanks to Council. People did step up to the plate regarding Neighborhood Watch . He advised that Neighborhood Watch is going to hold a meeting in September for their review . He stated Council will be advised, as the y will hold their meeting here and the y would like to have a tour of the new CityCcnter complex at that rime . (c) City Manager Sears said he wanted to sa y thanks again to hi s staff for their hard work . a s it has been extremely hard work . And he offered thanks to Dan Brotzman for pulling together all of the documents to get Miller Weingarten taken care of and closed. 11 was a pretty sizeable project and staff really did a fabulous job. (d ) C ity Manager Sears recommended that Council go into Ex ecutive Session foll o wing the regular City Council meeting to discuss a personnel matter . 14 . City Attorney's Report (a) City Attorney Brotzman recommended that Council go into Executive Session followin g the regular City Council meeting to discuss litigation . ) I • 0 - • • • Englewood City Council Aucust 7, 2000 Pqc14 • .. _, ' ., • .;-· .. • -. (b) City Anomey Brotzman stated that he would also like to recognize the City Manager. staff, Cowicil and the members ofEEF, because the six year project of gcning a real estate developer on line, for his staff and Mike Miller to finally conclude this piece of the puzzle. is a very big deal. 15. Adjournment COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. FOR C Ol1NCIL TO GO INTO EXECUTIVE SESSION FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS A PERSONNEL MA ITER AND LITIGATION AND TO ADJOURN. Ayes : Council Members Nabbolz. Garrett. Bradshaw. Wolosyn. Yurchick, Grazulis, Bums Nays: None Motion carried. ·tf {&· , . • . . , • • ) I • • 2X - ' • • r,:, , .. • • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 7, 2000 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. f {)f /*- 2. Invocation . l)d)/J~ 3. Pledge of Allegiance. ~ 4. Roll Call. '7 ~ 5 . Minutes . .. (J.JnJ} /,-()-/ a. Minutes from ~~-teeting of Regular City Council Meeting of July 17, 2000 . ~ vrr (Alfnt,J: JJ /t/JIOLZ-/ 6. Scheduled Visitors. (Please limit your presentation to ten minutes .) a. Jonathan Manning will be in attendance to address City Council regarding police conduct . b . Fred Manning will be in attendance to address City Council regarding police conduct . c . Doug Cohn will be present to address City Council regarding the parking lot on Acoma Street. 7. Unscheduled Visitors . (Please limit your pr~nt:1tinn to five minutes .) d.. /<..DY tOILfE--f'()UU PA,-bt.f, IIJ UIJtuJ~IM_ /J.,. SUJ t:Jfl&u)r_-i.J~ 111~111r ~IRL t.. F~io Ar A-~IJ I A/6> -(lf)SIIJ4 e.a11M~1s. ~= /louu ~~Dur . U -II lt#JJJI I A) fU IJIJ)T ....._ nola: If you haw• dlulllllty and need aadlary lllda or wvicN, plNN notify the City of Englewood (303-782-2405) at lNat 41 hours In advance of wt.....,.. .. IINded. Thank you. • •· .. .. • "' ) I . 0 2X • • , . ... • • • ... Englewood City Council Agenda August 7, 2000 Page2 8 . Communications, Proclamations , and Appointments . ~ Q:L...._ a. A resolution apwi~tifg ~ara Holmes as a Youth Member to the Englewood Public or,d '7-Q Library Board. f')~ 9. Public Hearing. (None Scheduled) $ (';;l!A-~S R~IIOtJ£1J !Oe1 l=RPIK (!/;t&JJT ~ 1°?-r}n~~-dr-!Oa,/tf-il 10/1-i~xi ~ a. Approval of Ordinances on ~g. ) b. ~5/ OJJJ: 5..2.._ 1JUJ5.3 tnJ#s-zl {)U/1-5~ (J')J/t s-6 tw/J-s'7 ff;,/../1(5( i. COUNCIL BILL NO. 65 -Recommendation from the Community Development Department to adopt a bill for an ordinance accepting grant funding in the amount of $7 ,500 from the State of Colorado 's Department of Local Affairs to support the Arapahoe County Enterpri e Zone . STAFF SOURCE: Darren Hollingsworth, Business ~lopmfflt Specialist. ii. COUNCIL BILL NO. 67 -Recommendat ion from the City Manager's Office to adopt a bill for an ordinance approving the 2nd Amendment to the Regional Transportation District agreement . STAFF SOURCE: Mike Flaherty, Assistant City MilrYger. Approval of Ordinances on Second Reading . i . Council Bill No. 48, amending sections of the Englewood Municipal Code pertaining to Tattoo Establishments. ii. Council Bill No. 55 , approving Southgate Supplement #148. iii. Council Bill No . 56 , approving Southgate Supplement #149 . iv. Council Bill No . 57 , granting a Quit Claim Deed . V • Council Bill No. 58 , granting a City Ditch Easement. vi. Council Bill No . 59 , approving an Amendment to the Wastewater Collection System Maintenance Agreement with Cherry Hills Village . vii . Council Bill No. 60 , acknowledging an Easement Agreement between Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District . viii. Council Bill No . 61, amending the City of Englewood Comprehensive Plan to include a Regional Pl;n Element. PINN nota: If you have a dlublllty and need awdllary aida or NrVicN, plNM notify the City of Englewood (303-712-24CII} at INst 41 houra In advance of whm ..vices .. rlNdad. Thank you . • • • I I • 0 ] C!l£ZEllal • • - • ,. • • .. E:,glewood City Council Agenda August 7, 2000 Page 3 f/M:llsr ~60 (y;J)i,t, I ix . x. xi . Council Bill No. 62 , authorizing the purchase of the Arapahoe Rental Property . Council Bill No. 63 , authorizing the lease of the Arapahoe Rental Property to the former owner of the property . Council Bill No. 64 , amending the Englewood Municipal Code relative to Adoption of the Official Zoning Map . c. Resolutions and Motions. i. Recommendation from the Department of Community Development to approve , by motion a professional service contract for a feasibility study on a local circulator shuttle. Staff recommends approving a contract with BRW in the amount of $2~l96.0~. ~TAFF ~OURCE: Lauri Dannemiller, Planning Analyst. f~ 11 . Regular Agenda . a. Approval of Ordinances on First Reading. i. tlpfd'?-0 ii. dptd'7-0 iii . COUNCIL BILL NO. 68 -Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance authorizing an amendment to the Englewood Town Center Planned Unit Development District Plan Design Standards and Guidelines and to set a public hearing for September 5 , 2000 to gather public input. STAFF SOURCE: Harold Stitt, Senior Planner. ~ COUNCIL BILL NO. 66 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance accepting a Grant of Property for the continued development of the Big Dry Creek Pedestrian/Bi~ Trai,I. ~TAFF SOURCE: Jerrell Black, Director of Parks and Recreation. ~ ~'7-0 COUNCIL BILL NO. 69 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing a Temporary Construction Easement for Big Dry Creek Bike/Pedestrian Pi~· ST~FF, _ . SOURCE: Jerrell Black, Director of Parks and Recreation.~ b. C. Approval of Ordinances on Second Reading . ff Resolutions and Motions. ~ 0 ,..._ notie: If you have a dlubillty and need auxiliary aids or ..,,,ic:.s, p ..... notify the City of Englewood (303-762-2405) at leut 48 hours In advance of when ..,,ic:.s -IINded. Thank you . • • I I • 0 • • • • -., Engl-ood City Council Agend.11 August 7, 2000 Page4 12 . General Discussion . a. Mayor's Choice . b . Council Members ' Choice . 13. City Manager's Report . a. CityCenter Englewood Update. b. Recommendation to go into Executive Session following the regular City Counc il meeting to discuss a personnel matter. 14. City Attorney's Report. a. Recommendation to go into Executive Se ss ion following the regular City Council meeting to discuss li!if"•·~- . lil;/1l fJ -O ~ ~~tf).uaV~ . Ad1ournme1. ,.. -Y-Ji"' ~~~ ~~/u -0 Cf:~~faifA ·· 4-~~"f-/.ri ~-f-/r. The following minutes were transmitted to City Council between Jul y 14 and Augu st 3, 2000 : ~ • Englewood Firefighters Pension Board meeting of October 10 , 199 7 {] • Englewood Firefighters Pension Board meeting of April 10 , 2000 • Englewood Firefighters Pension Board Telephone Poll of June 21 , 2000 • Englewood Board of Adjustment and Appeals meeting of May 10 , 2000 • Englewood Board of Adjustment and Appeals meeting of June 22 , 2000 • Englewood Cultural Arts Commission meeting of June 7, 2000 • Englewood Planning and Zoning Commission meeting of May 16, 2000 • Englewood Planning and Zoning Commission meeting of June 27, 2000 • Englewood Code Enforcement Advisory Committee meeting of June 21, 2000 • Keep Englewood Beautiful meeting of June 6, 2000 • Englewood Liquor Licensing Authority Telephone Poll of June 7, 2000 PINN nole: If you have a dlaablllty and need awdllsy aids or Nl'Vic:N, pleaN nollly the City of EngleWoOd (303-712-2405) at least 41 houra In advance of wtwn aarvk:N .. needad. Thank you . • . ' I • 0 • • • 1 . Call to Order • .. • - ENGLEWOOD CITY COUNCIL ENGLEWOOD. AR,\PAHOE COUNTY, COLOR,\DO Regular Session July 17, 2000 ... The regular meetin g of the Englewood City Council was called to order by Ma~or Burn, a t 7:-l-p.m. 2 . lm·ocation The invocati n was given by Mayor Burns. 3. Pledge of Allegiance The Pledge uf Allegiance was led by Mayo r Burns . -l . Roll Call Sa Pre se nt : Council Members Grazuh . Garrett , Bradsha\\. Wo lo yn. Yurchick . Burns Absent : A quorum \\8 present. Also present : 5. Minutes Council Member Nabholz Ci ty Manager Sears City Attorney Brotzman City Clerk Ellis Director Ol so n. Safety Services Planner Langon. Community De velo pment Director Gryglewicz. Finance and Administrative Services and Executive Directo r of the Englewood Urban Renewal Auth orit y Assistant City Manager Flaherty Directo r Black , Parks and Rec reati on (a ) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JUNE 26 , 2000 . Ayes : Council Members Garrett . Bradsha\\, Wo lll ,yn. Yurch,c k. Burns Nays : None Abstain: Council Member Grazuh s Absent : Council Member Nabholz Mou o n carried . 6. Scheduled Visitors There were no scheduled visitors . 7. Non-scheduled Visitors There were no non-scheduled vis it ors. 8. Communications, Proclamations and Appoinllmnts • ) I • 0 • • Englewood Cily Council July 17. 2000 Page 2 :,-. • • - (a ) A proclama11 u n ho no nng Haro ld Rus t as Engle\\ood·s CJ1 1zen o f the Year fo r 2000 \\as considered. Mayor Burns stated that the c elebratio n ho n rrng Ha rol d Ru t took place last week . It wa, aver~ nrce evening. he said . and it \\JS filled \\·tth many fnend s . COUNCIL MEMBER BRADSHAW MOVED, Al'iD IT WAS SECONDED. TO APPRO\"E A PROCLAMATION HONORING HAROLD RUS T AS ENGLEWOOD"S CIT IZEN OF TH E \'EAR FOR2000. Na)s: Absent : M o 11 o n arrie.d . C o uncil !\!embers Garrell. Bradshaw. W o losyn. Yurc hi c k. Grazult ,. Burns N o ne C o unc il Member Nabho lL (b ) A pr clama11 o n declanng August I. '.?000 as Natr o na) Nrght Out \\JS co n ,dereJ COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPRO\'E A PROCLAI\IA TION PROCLAIMING AUGUST I. 2000 AS NATIONAL NIGHT Ol'.T. Ayes · Cou nnl Members Garrell . Bradshaw. \V o losyn. Y urch,ck. GrJzult . Burns Na)s: o ne Absent : Coun ci l Member Nabho lz M o 11 o n camed. Mayor Bum, presented the proclamation to Director Olso n. Director Olso n th a nked Council. He no ted that we ha ve been o ne o f th e nauo nal leader, ,n o rna111 z rn u the Na11onal Night Out fo r several years now. He commented that Coun ci l wa s well aware o f Na;c y Pet;rson·, recent family tragedy . She is very active right now in the o rgani za11o n o f Na t,o nal Night Out. he sard. and I JUSt talked to her to night and prelly much have asked her no t t g o overboard o n Nauo nal Nrght Out thts )Car. And I can tell you right now. Mr. Olson said. that I told her rf we d o n·1 have 11. that may be all nght. I d o n't want to force he r into workrng like a workaho lic like he no rmall) doe s ... pull mg all the se ho ur s 111 when she ,s ;1111 rn a majo r state of duress. So. he sa,d. we'll try to do what we can. but I an't prom,·e JI w ill be the best o ne ever. H o pefull y the communit y will rally and be able to go o ut and put 0 11 a good Night Out again thi s year. I'm s ure you will unde rsta nd tf it is no t as succe sful as JI has been in the pa st. he aid . but we're goi ng to g ive it a try . Mayor Burns said he would just like to comment that Nancy Peterson d oes a pheno menal job o n Nauo na l Night Out and o n whatever she is wo rking o n and Coun ci l wishes her a nd her family the be.st a nd we extend o ur sympathies to them . We certainl y understand if we just d o the best we can o n National Night Out !his year. he said. but I think her troops will rally behind her. I fully agree with Director Olson. he said , that Nancy needs to take care of herself a nd her family first. Director Olso n sai d he apprec iates that and he would let her know. (c) A letter fro m Kristen Gillmon indicating her resignation from 1he Keep E ng le w o od Beaut iful Commission was consi dered. COUNCIL MEMBER BR.\DSHA W MOVED, AND IT WAS SECONDED , TO ACCEPT THE RESIG NAT ION OF KRISTEN GILLMON FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Council Member Bradshaw no ted she is resigning because s he is lea vi ng fo r college o n her Boett c her Scho larship . Vole resulls: • ... I • 0 • • Englewood City Council July 17 , 2000 Page3 I • ,,---· • ... • - Aye : ays : Coun cil Members Garrett. Brads ha\\. W o losyn. Yurc h1 c k. Grazuli s. Burns None Absent : Council Member Nabholz Mo ti o n carried . Mayor Burns stated. o n behalf o f Council. that they wish Ms. Gillmo n th e best in her college career. that she ha s been a terrific member of Keep Englewood Beautiful and they are very proud o f her. (d ) A letter from J . L. Barnes indicating her resignatio n fr o m the Keep Englewood Bca uuful Commi ssion was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF J. L. BARNES FROM THE KEEP ENGLEWOOD BEA UT IFUL COMMISSION. Ayes : Nays: Absent: Motion carried . Council Members Garrett . Brads ha". Wo lo,)n. Yurch1 c k. Grazuli . Burns None Council Member Nabho lz (e) A reso luti o n appoi nting Kath y Ashenfelter to the Eng le"ood Do \\nto wn Oe,elo pm~nt Authority was cons idered . The re o luti o n was assigned a number and read by title : RESOLUTION NO . 54, SERLES OF 2000 A RESOLUTION REAPPOINTING KATHY ASHENFELTER TO THE ENGLEWOOD 00\V'.'JTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (e ) · RESOLUTION NO. 54, SERIES OF 2000. Ayes: Council Members Garrett . Brads haw. Wo lo,yn. Yurc h1 k. Grazuhs. Burns Nays: None Absent : Council Member Nabholz Mo ti o n carried . (f) A resolution reappointing Lauren Barrent ine to the Englewood Liquo r Licens in g Authority was considered. The resoluti o n was assigned a number and read by title: RESOLUTION NO. 55, SERIES OF 2000 A RESOLUTION REAPPOINTING LAURETT BARRENTINE TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (0 · RESOLUTION NO. 55, SERIES OF 2000. Ayes: Council Members Garrett . Bradshaw, Wo losyn. Yurchick. Grazulis. Bums Nays: None Absent: Council Member Nabholz Motion carried. 0 0 I • 0 • • • • ·,. • - Englewood City Council Jul y 17. 2000 Page ,I (g) A reso lut ion appointing Da vi d Brereto n to the Keep Englewood Beauuful Commis ion wa s considered. The re so luti o n was assigned a number and read by title : RESOL TION NO. 56, SERIES OF 2000 A RESOL UTION APPOINTING DAVID BRERETO N TO THE KEEP E:-SGLE \\'OOD B EA UT IF L COMM ISSION FOR THE C ITY OF ENGLEWOOD . COLORADO COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGE~DA ITEM 8 (g) · RESOLUTION NO. 56, SERIES or 2000. Ayes : Council Members Garren. Bradsha". \V olt, ) n. Yurchick. Graz ul ". Burns Nays: No ne Ab sent : Council Member Nabh o lz Moti o n carried. (h) A reso luti o n reappointin g Er ic Beno lu zzi to the En gle"ood Cul tur.i l An, Co mmi ssio n was considered . The re so luti on wa s as signed a number and read by mle : RESOLUTION NO . 57 , SERLES OF 2000 A RESOLUTION REAPPOLNTING ER1C BERTOL 221 TO THE CULT ~AL ART COMM! S ION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (h) -RESOLUTION NO. 57, SERIES or 2000. Ayes : Na ys : Absent : Mot io n c arried . Council Members Garrell . Brad shaw . \V o lo,yn. Yurc h,c k. G, J zu li ,. Burns No ne Council Member Nab ho lz Ma yo r Burn, presented a c erti fic ate and City pin to Mr. Berto luzzt. (1) A reso luti on appo inting Gloria Ca mero n to the Englewood Code Enfo rce ment Adv iso r Co mmittee was considered . Co unc tl Member Bradsha w no ted the re so luti o n is wrong , but the Agenda Item is correct and M . Camero n "ill be ap poi nted to the Englewood Code Enforc ement Advisory Comminee . She advised th ey need th at chan ged in the title o f the resoluu o n. [C lerk 's no te : The re so luti o n indicates Ms. Camero n is bein g ap poi nt ed to the Keep Englewood Beautiful Commission.] COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (i) -RESOLUTION NO. 58, SERIES OF 2000 AS AMENDED . The re o luti o n was assigned a number and read by title : RESOLUTION NO. 58. SERIES OF 2000 A RESOL UTION APPOINTING GLORIA CAMERON TO THE CODE ENFORCEMENT ADV ISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. Vole results: I • 0 • Englewood City Council July 17 , 2000 Pages ... • • -~ Ayes : Council Members Garrett. Brad shaw. Wo losyn. Yurchick. Grazuli . Bums Nays : None Absent : Council Member Nabholz Motion carried. U) A re so luti on appointing Opal Doane to the Malley Center Trust Fund Board was considered. The reso luti o n was assigned a number and read by rnle : RESOLUTION NO. 59. SER IES OF 2000 A RESOLUTION APPOINT] G OPAL DOA.'\'E TO THE MALLEY CENTER TRUST FVND B ARD FOR THE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGE~DA ITEM 8 (j) • RESOLUTION NO. S9, SERIES or 2000. Ayes: ouncil Membe r Garrett . Bradsha\\. Wo losyn. Yur h ,~k. Grazuhs. Nays : Ab se nt : Moti o n carried . Burn N ne ou nc1l Mem ber abh o lz Mayor Burn, presented a ce nifi ·ate and it) pin to M , Doane (k ) A re so luu n appoinung John Good)ear to the l:.ngle"ood Planning and Zoning Co mmi ssion was considered . The re soluti o n was 35s1gned a number and read b) tllle RESOLUTIO NO. 60. ERIES OF 2000 A RESOLUTION APPOINT! G JOHN GOODYEAR TO THE PLANN ING AND ZONING COMM ISSION FOR THE CITY OF ENGLEWOOD. OLORADO . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (k) · RESOLUTION NO. 60, SERIES or 2000. Ayes : Counc il Members Garrett. Bradsha w, Wo losyn. Yurchick, Grazul1 s. Burn Nays : None Absent : Council Member Nabholz Moti o n carried. ll ) A resolution reappointing Kendra Grazuli s as a yo uth member of the Englewo od Park s and Recreation Commission was considered. The resolutio n was assigned a number and read by title : RESOLUTION NO. 61. SERIES OF 2000 A RESOLUTION REAPPOINTING KENDRA GRAZULIS AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)· ~LUTION NO. 61, SERIES OF 2000. Ayes : Council Members Garren, Bradshaw. Wolosyn. Yurchick. Grazuli . • .. . • I • 0 • • -• ' . .. • • - Englewood City Council July 17, 2000 Page6 Nays: Absent : Moti o n carried . Burns None Council Member abh o lz Mayo r Burns presented a certificate and City pin to Ms. Gr:iz uli s. (m) A re so luti o n appo inting Debo rah Guinther to the Englewood Do wnt o wn De , e lu pm ent Authority wa s considered. The resolution was assigned a number and read by title : RESOLUTION NO. 62, SERLES OF 2000 A RESOLUTION APPOLNTING DEBORAH G UlNTHER TO THE ENGL EWOOD DO W NT O WN DEVELOPMENT AUTHORITY . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (m) . RESOLUTION NO. 62, SERIES OF 2000. Aye s: Co un c il Members Garrett . Brad ha w. Wo lu ) n. Yu rc hi-·k. Grazuli ,. Burns ays: None Absent : Council Member Nabho lz Moti on earned. Mayor Burns presented a certificate and Cit y pin to Ms . Guinther. (n) A resolution reappointing Sam Kaufman to the Englewood Do wnt o wn De ,elo pm ent Authority was considered. The resolution was assigned a number and read by title : RESOLUTION NO. 63 . SERIES OF 2000 A RESOLUTION REAPPOINTING SAM KAUFMAN TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (n) · RESOLUTION NO. 63, SERIES OF 2000. Ayes: Co uncil Members Garre tt . Brad shaw. Wo losy n. Yurc hi c k. Gra zuli ,. Burns Nays : None Absent : Council Member Nabho lz Mo tion carried. (o ) A resolution reappointing R . L. Lunders to the Englewood Liquor Licensin g Auth oru y was considered . The resolution was assigned a number and read by title : RESOLUTION NO . 64. SERrES OF 2000 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (o) · RESOLUTION NO. 64, SERIES OF 2000 . 0 I • 0 ]- • • Englewood City Council July 17 ,2000 Page 7 ,-.,,, • • -... Ayes : Coun ci l Members Garren. Brad,haw. Wo los yn. Yurc h,c k. Grazuh s. Burns Nays : o ne Absent : Council Member Nabholz Motion carried . (p ) considered . A re so lut io n reappointing Janet Moore 10 the Engle" d Cultural Art s Commi ss ion was The re soluti o n wa s assigned a number and read by title : RESOLUTION NO . 65 . SERIES OF 2000 A RESOL UT ION REAPPOI.NTING JANET MOORE TO THE CULTURAL ARTS C OMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER GR.\ZULIS MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (p) • RE.SOLUTION NO. 6S, SERIES OF 2000. Aye s: Council Mem bers Garrell . Brad sha w. Wo losy n. Yurch,ck. Grazul ,;,. Burns Nays : No ne Absent : Counci l Mem ber ab ho lz Moti o n c arried . Mayor Burns pre se nted a ce rt1ti ca 1e and C n y pin to Ms . Moo re . (q ) A resoluti o n recommending Norl ee n Norden fo r reap poi ntm e nt to the Englewood Housing Authorit y was co nsi dered . The re so luti o n was as signed a number and read by title : RESOLUTION NO . 66. SERIES OF '.!000 A RESOLUTION REC OMMENDING NORLEEN NORDEN FOR REAPPOI NTMENT TO T HE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (q) · RESOLUTION NO. 66, SERIES OF 2000. Ayes : Counc il Members Garrell, Brad shaw , Wo losyn . Yurch1 ck. Grazu hs. Burns Nays: No ne Ab em : Council Member Nabholz Motio n carried. (r) A reso luti o n appo intin g Heather Rad osevich as a yo uth liai so n o f the Keep Eng le"ood Beautiful Co mmission was consi dered . The res o luti o n was as si gned a number and read b y title : RESOLUTION NO . 67. SERIES OF 2000 A RESOLUTION APPOlNTING HEATHER RADOSEVICH AS A YOUTH L!AJSON OF THE KE EP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER GR.\ZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (r) • RESOLUTION NO. 67, SERIES OF 2000. Ayes : Co uncil Members Garrett . Bradshaw. Wo losyn, Yurchick. Grazuli s, • ~· ... 0 I • 0 • • -• Englewood City Council July 17, 2000 Page8 Nays : Abse nt : Motion carried . • .. ' • - Bums None Council Member Nabholz ' (s) A resolution appointing Verno n Rempel to the Eng lewood Planning and Zo nin g Commission was considered. The resoluuon was assigned a number and read by title : RESOLUTION NO. 68 . SERrES OF ~000 A RESOLUTION APPOINTING VERNON REMPEL TO THE PLANNlNG AND ZONING COMM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO. • COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGE~DA ITEM 8 (s) . RESOLUTION NO. 68, SERIES OF 2000. Ayes : Nay : Absent : Moti o n carried . Coun ci l Members Garren. Bradshaw. Wo losyn. Yurc hick. Grazuli s. Bums No ne Council Member Nab ho lz (t) A res o lutio n appointing Jo hn Robert s to th e Englewood Code En fo rcement Ad visor~ Committee was considered . The reso lution was assigned a number and read by title : RESOLUTION NO . 69. SERIES OF 2000 A RESOLUTION APPOINTING JOHN ROBERTS TO THE CODE ENFORCEMENT ADVI ORY COMM ITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (t) · RESOLUTION NO. 69, SERIES OF 2000. Ayes : Council Members Garren. Brad shaw . Wo losyn. Yurchic·k. Grazuli ,. Bums Nays : No ne Absent : Co uncil Member Nabholz Motion carried . Mayor Burns presented a certificate and City pin to Mr. Roberts. (u) A resolutio n reappoint ing Tara Ho lmes as a Yo uth Member to the Parks and Recreati o n Commission was considered . The resoluti o n was assigned a number a nd read by title : RESOLUTION NO. 70, SERIES OF 2000 A RESOLUTION REAPPOINTING TARA HOLMES AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (u) • RESOLUTION NO. 70, SERIES OF 2000. Ayes : Council Members Garrett. Bradshaw , Wolosyn. Yurchi k. Grazuli s. Burns I • 0 - • • • Englewood Cit y Council Jul y 17 , 2000 Page9 Nays : Abse nt : Mot io n carried . • ... • - None Counci l Member Nabholz 'vl ayor B urns lated that the me mbers of these Board s and Comm, si o n µerform ,n,aluable ,en ,ce, for the C n y o f Eng lewood and he asked fo r a ro und o f applau,e . 9 . Public Hearing (a) COUNCIL MEMBER BR.\DSHAW MO\'ED. A!',D IT\\ AS SECON DED. TO OPEN A PUBLIC HEARING TO GATHER INPUT ON CO UNCIL BILL NO. 48. A!\IESDING THE COMPREHENSIVE ZONING ORDINANC E REGARDIS G TATTOO ASD BOD\' PIERCING ESTABLISHMENTS. Ayes: Nays : Absent: Council !\-!em ber;, Garren. Brad,ha,1. Wn i< ,~ n. Yurch,c~. Gruuli . Burns No ne Council Mem ber abh lz Moti on carr ied and th e Public Hearing o pened . All \\itnesses were dul S\\O rn . Planner La ngo n. Department of Communit y Development. ad, i,ed this \\Js a public heJnng o n 0 unc,J Bill Nu mber .i s. regarding th e a mendments to the 0 mprehens1,e Zoning Ordinarn.:e of the Engk,"XJJ Muni c ipal Code pertaini ng to Tatt oo and B0dy Pierci ng Es ta bli,hmenb :-i o t1ce Im thi, publi,· heJnng l1r,t a ppeared in the Englewood Herald o n June 9. 2000 fo r the o nginJ! heanng. \\h1ch \\a> ,cheduled i" r Jul ~ 3. '.WOO. she said . The noti ce to r tonig ht 's public heann g appeared in the Engle"ood Herald o n June 30. 2000 a nd she presented th ose not, es to the Clerk . The proposa l have go ne fornard thro ugh th e Plannin g and Zo nin g Commi ssion. and th ose were considered at public heanng n Ma y '.! o f thi, year. Notice(() the owners of the five existing tatt oo and body piercing establishments \\e.re sent b y enificd ma l! o n Apnl c I fo r that publi c hear ing . s he sa id . All no u ces o f receipt were ret urned to the Com munit y Devel o pment departme nt. At th a t publi c hearing. s he advised. no o ne appeared in oppositi o n to th e a mendment;,. Be fo re re commendin g to the Co un cil. approva l of the pro posed amendments. the Planning and Zonin g Commi ssio n di scussed a number of items . including So uth Broadway's future . the marke tin g and econo m1e· devel o pment of that corridor. gra ndfathering ... that is allo wing existing licen sed establi shm ents to remain . and al so distancing requirements with the separauo n between estabh s hm ents . But no ra ti o nal nexus or connecti o n to di s tancing was identified to impose th ose di sta nci ng requirements. The a mendment s are being brough t forwa rd because th e Compre hensive Zonin g O rdinance ,s a permi s ive ordinance . That mean s a use mus t be listed in o rder fo r it to be permiued. Tau oo esta bh hment s are not s pecially addre; ed wit hin the zoning code. th e refore, they are not permitted. However. by po li cy. si nce Augu,t of 1999. tatt oo es tabli hment s ha ve been allowed in the B-2 di strict. s he explai ned . because several establi,hment have located in th e B-2 d ist ri ct over the past few decade s. and th e lack of zo ning and code enforcement perpetuated th ose uses. Ms . Langon stated that there are currentl y fo ur tatt oo estabhshments o perating in a fo ur-b loc k area along South Broad way in the B-2 di s tnct. One estabh shment has closed ince the se amendments were proposed. The fo ur that are remaining are a t 3969. 3970, 41 73 , and 4249 South Broadway. she said . referrin g to the map. The oth er rea so n these amendments a re being brought fo rward i th e re was a recent federal co urt decisio n that uph e ld the Ci ty's prohibiti o n of tau oo estabhshments in the B· I district. Consi dering the co urt c a se and o ur policy, Counc il directed staff to s pecifica ll y address tattoo and body piercing e stab li shments wi thin the Comprehen sive Zo ning Ordinance. At the Stud y Session o n March 6. 2000. s taff pre sented fo ur alternati ves for Council's re vi ew. After di scussion. she sai d . Coun cil di rected staff to prepare Comprehensive Zo ning Ordinance Amendments that would prohibit new tatt oo establ is hme nt s in B -2 and permit them in 1-1 and 1-2 Industrial Dis tricts. Co un ii Member Brads haw asked if the o ne between Quincy and Radcliff had closed, the one by the Liquor Barn . M . Langon said it was Allitudc Tattoo that closed. • ) I • 0 J • -• Engle"'ood City Council July 17, 2000 Page 10 • • - Ms. Brad ha w sa id she was concerned beca use it was no t listed o n the map . a nd it i a major bone o f contentio n with th e ne ig hbo rs up there. Ms . Lan gon said no. the o ne that cl osed was at ~~O I. That I A1111udeTa11 00. so that wo uld be further o uth . Coun cil Member Garrell said thi s o ne wa s south o f Quincy. M . Langon said that is right. Ms . Brads haw said o kay . Continuing. Ms. Lango n said the strate gy was based o n two things. First was the Kiml ey Ho rn and Associates ' draft eco no mi c market analysi s o f the South B road way corrido r that C o un cil re vie"ed . Al o o n that March 6"' study session. the marke t a na lysis s uggested recruitment o f what are ca lled third pla,·e, or info rmal gathering places. o ther than wo rk o r ho me . that wo uld in~rease a c mmerc 1a l v11al11 y of the corrido r and encourage pedestrian acti vit y alo ng the So uth B roadway corridor. The second Hem that th e strategy was bas ed o n . s he said . wa s the So uth Broadway Action Pl an Amendme nt to the Co mprehens11 c Plan that was ado pted in 1997. The purpose and directi o n o f that plan "as 10 enco urage the balance o f commerc ial use s reflec tive o f nei g hborhood needs to stren gthen the retail ni c hes a lo ng the corrido r and to re vi talize So uth Broadway. s he ad vised . To review the proposed amendments. she a id. fi rst. in the B1 Bu iness Di strict it wo uld li st tattoo and bo d y pierc in g e stabli ,hmems as prohibi ted uses in that d 1stnc1. Then. in 1-1 and 1-2, the amendments wou ld lis t tattoo a nd body pierc in g establi,hmem, a, permitt ed u,c in the Industrial Districts. Also, there are five addit io ns to the defimuo ns. she sa id . Tho ,e defin 111o ns are cons iste nt with Title 5 business and lice ns ing definitio ns . Those d efini uo ns are tauoo. tan oo establ"hmcm. body piercing. body p ie rci ng establishment. decorati ve jewelry. o r o ther decorati o n. The pr po,ed amendments grant no nconfo rming use statu s to the existin g licensed establis hments in B-2 . That all o " th ose existing B -2 tanoo and body piercing establishments 10 remain . They can be Id. conveyed . o r the) an be transferred. as lo ng as a new li cense is o btained. and the y will be s ubject to no nconfo rmin g use regulatio ns. Ms. Lango n said the amendments provide an exceptio n to bus in esses perto rmm g o nl y ear piercing as an incidental service. so if a jewelry sto re within B-2 wanted to offer J US! ear pier mg . th<) wo uld no t be in vio latio n of thi s o rdinance o r these pro posals. The amendments are based o n pro , ,ding a location fo r the use . and d oes no t to tall y prohibit tattoo o r body pierc ing e stabli shment within the Cit) It spec ifi ca ll y names them in the Code and grandfathers the existing B -2 licensed bus in esses and also suppon s the market analysi s of the So uth Broadway actio n plan . s he aid . Counc il Member Graz uli s asked, if an existing tattoo parlo r wa s sold 10 an o ther indi vidual. whether the y could retain it as s uch . Ms. Lango n re sponded affirmati ve ly. Unle ss. if as a no nconfo rming use . the y wo uld not mai nt a in their u e fo r 180 days, s he a ll o wed . So if I so ld my busi ness to yo u. s he explained . and it took yo u 179 days 10 remodel , retool and get yo ur signs up and reopen, yo u wo uld be o kay . If yo u were pa st that 180 da ys. yo u would be denied as a no n-confo rm ing use and termina ted . Ms . Grazulis asked . reg arding the ordinance proposal. relati ve to the definitions. there was o ne that was decoratiw jewelry o r o ther decorati o n. She asked if that was kind of vague o r d id it refer 10 a lo t of different types. Ms . Langon said it is comparable to the busi ness li censi ng and the same definiti o n tha t is in the tatt oo and body piercing o rdinances. We felt it was imponant that we keep a consistent definitio n between the three separate o rdinances ... the two licensing o rdinances and the permitting o rd ina nce, she explained . Counc il Member Yurc hick fe lt it was still vague . Ms. Langon said it was no t limited to any o f those th ings. that 's p robably the key wo rd . She aid she "as certainly open 10 s uggestions. and we could also look at Title 5 . Counci l Member Brads haw asked if all the lang ua ge was reviewed by the Ci ty Atto rne y's offi c e . C it y Attorney Brotzman said yes. • I • 0 • Englewood City Council July 17. 2000 Page 11 •,, ,,-·· • .. • -... Ma yo r Bums ad\'t Sed there wa s no o ne signed up to speak at the publ ic hearing o n thi s mea sure re gardtn g tatt oo and bod y p1erc mg e stablishments. He extended an mvttati on to approac h Co un c il at thi s time a nd speak o n thi s is ue . Seein g none . he asked fo r am ti o n to clo e the public hearing . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Nays : Absent : Coun c il Members Garrett. Brad haw. Wo losyn. Yurch,c k. Grazul,s. Burns None Co uncil Member Nabh o lz Moti o n c arried and the Publi c Heanng cl osed . 10 . Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), (iii), (iv), M, (,•i). (vii). (,•iii) and (ix), 10 (b) (i), (ii), (iii) and (iv), and 10 (c) (i), (ii) and (iii). (a) Approval of Ordinances o n First Readin g (i) COUNClL BlLL NO. 55. INTROD UC ED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 14 8 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE IN C L USION OF LA 1D WITHIN THE DISTRICT BOUNDARIES. (ii ) COUNCIL BILL NO . 56, INTRODUCED BY CO NCIL ME MB ER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 149 TO THE SO TH G ATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCL USION OF LAI-.iD WITHIN THE DISTRICT BOUNDARIES . (iii) (I ) COUNCIL BILL NO . 57 . INTROD UCED BY CO 'C IL MEMB ER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED FROM THE C ITY OF ENGLEWOOD. COLORADO TO JAMES AND GAIL PENS FOR 4.132 SQUARE FEET ALON G THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARJPOSA STREET , ENGLEWOOD. COLORADO. (2 ) COUNClL BILL NO . 58 . INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO 'S ACCEPTANCE OF A PERPETUAL CITY DITCH EASEMENT FOR 4 ,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. (iv) COUNCIL BILL NO . 59. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO ENTITLED "AMENDMENT TO WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT -CITY OF CHERRY HILLS VILLAGE"' WITH RESPECT TO THE • ., I • 0 • • • :.---· • -.. • -.. Englewood City Council July 17, 2000 Page 12 MAINTENANCE OF AN AREA IN THE CHERRY HILLS V[L LAGE WASTE WATE R COLLECTIO SYSTEM . (v) COUNC ll. Bll.L NO . 60. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINA1"'1CE ACKNOWLEDGING AN '"E ASEMENT AGREEMENT" BETWEEN CHERRY Hll.LS COUNTRY CLUB AND THE CHERRY MOOR SOUTH WATER AND SAN IT AT JO;-..; DISTRI CT . (vi ) COUNC ll. BILL NO . 64 , INTRODUCE D BY COUNC IL MEMB ER GARREIT A Bll.L FOR AN ORDINANCE Ai\1ENDING TITLE 16. C HAPTER I . SECTION : OF T HE ENG LEWOOD MUNICIPAL CODE OF 1985 PERTAINI NG TO ADOPTION OF THE OFFICIAL ZONING MAP FOR THE C ITY OF ENGLEWOOD. CO LORADO . (vi i) COUNCll. Bll.L NO . 6 1. INTRO DUCED BY COUNCIL ~IE!\1BER GARRETI A BlLL FOR AN ORDINANCE AMEND! G T HE CITY OF ENGLEWOOD COMPRE HE~ 1\'E PLAN TO INCLU DE A REGIONAL PLAN ELEMENT. AND SCHEDULING A PUBLIC HEARING FOR AUGUST 2 1. 2000 TO GATHER PUBLI C CO MMENT ON COUNCIL BILL NO . 61 . (vi ii) COUNClL BlLL NO . 6::'. I TRODUCED BY COUNC IL MEMB ER GARRETI A Bll.L FOR AN ORDINANCE AUTHORIZING THE PURC HASE OF AR APAHOE R ENT L PROPERTY BY THE CITY OF ENGLEWOOD. COLORADO. (ix ) COUNCIL BILL NO . 63. INTRODl.:CED BY COUNC IL ME MB ER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING A BUSINESS LEA E WITH DONALD BO WEY FOR USE OF THE ARAPAHOE RENT AL PROPERTY . (b) Approva l of Ordinances o n Seco nd Readin g (i) ORDINANCE NO. 4 7, SERIES OF 2000 (COUNClL BILL :-.i O . 39 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 7, CHAPTER 6B , SECTION 6. TITLE 1 1. C HAPTE R 3. SECTION 3(B): AND TITLE 16 , CHAPTER 4 . SECTIONS 10. 12 . A."1D 19: AND C H APT ER 8. OF THE ENGLEWOOD MUNICIPAL CODE 19 85, PERTAINING TO P BLI C $[D EW AL K SALES . (ii ) ORDINANCE NO . 48 , SERIES OF 2000 (CO NCIL Bll.L NO . · 1 . INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AMENDING TITLE 3. CHAPTER 6. SECTIO N 7. S UBS EC TI ON 7 . OF THE ENG LEWOOD MUNICIPAL CODE 1985, INCREASING THE BENEFITS FOR RETIRED MEM BER AND BENEFICIARIES OF THE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREM ENT PLAN BY 3%. (i ii ) ORDINANCE NO . 49, SERIES OF 2000 (CO NCIL BILL NO. 5'. INT ROD UCE D BY COUNCIL MEMBER GARRETI) • I • 0 - • • -• Englewood City Council July 17. 2000 Page 13 "'",• • .. • - AN O RD[NAI'ICE APPROV ING AND AUTHORIZING THE EXECUTIO OF INTERGOVERNMENTAL S UBGRANTEE AGREEME11rr FOR THE 1000 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BET W EEN THE ARAPAH OE BOARD OF COUNTY COMMISSIONERS AND THE C ITY OF E'.'i GLEWOOD. (1v) ORDINANCE NO. -o. ERIE OF: ! OL'1' IL BILL NO . 54 . INTROD UCE D BY COU . C IL MEMBER GARRETT A,'lj ORDINANCE AMENDING TITLE 1. C HAPT ER 6. E -n o N '.!: CHAPTERS 6 8 . 60. 6F. 6G. 6 H . 61 AND 6J : OF THE ENGLEWOOD MU 'I !PAL CODE OF 19 5 PERTAI NIN G TO D EPARTM ENT AL ORGANIZATION . (c) Re so luu o ns and Mon o ns (i) PURCHASE OF '.!3A'.!4 C 'BI C FEET OF PLASTI C TRI C KLING FIL TER ME DIA IN THE AMOUNT OF $101.9 10.00 FROM BRE1'TW00D IND US TRIES . (ii) PURCHASE OF A FISHING PIE R FOR CE TENNIAL LAKE FROl\1 MO U 'TAIN STATES REC REA TION . IN C. IN THE Ai\10UNT OF S23.950.00 (iii ) P URCHAS E OF AN ASPHALT ROLLE R FOR THE STREET OPERAT ION DIVISION FROM HONNEN EQ IPMENT COMPANY I THE AMO UNT OF $69.924 .00. Vote results: Ayes: Na ys: Absent : Moti o n carried . 11 . Regular Agenda Counc il Members Garrett . Bradshaw . Wo losyn. Yurch,ck. Grazuh . Burns None Counc il Member Nabho lz (a) Approval of Ordinance o n First Read ing There were no addit ional nems s ubmmed fo r approval o n first reading . (See Agenda It e m JO -Co n,e nt Agenda.) (b) Approva l o f Ordinances o n Seco nd Readin g (i) Co un c il B,11 o. 33. approving the Hawth orn Suite s Planned Unit De ,el op mcnt was consi dered . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 33 ON SECOND READING. COUNCIL BILL NO. 33. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (P .U.D .) FOR HAWTHORN SUITES . LTD. HOTEL TO BE LOCATED AT SOUTH PENNSYLVANIA STREET AND U.S. HIGHWAY 285. lN THE CITY OF ENGLEWOOD. COLORADO . City Atto rney Brotzman advised that we to ld them they had an opponunity to withdraw thi s . Co un cil Member Bradshaw stated they didn't. Mayo r Bums recalled that Council cl o sed the public hearing on May 15., on this matter and he th ught Council felt thi s project was anempting to use the tax benefits and waivers in o rder to bootstrap a profit int o A I • 0 • • • Englewood City Council July 17, 2000 Page 14 ' .. • • - !his o perati o n. and Council c hose no t to carry that further and the, re commended further stud v o n th, He added that. in the process. Co uncil d1sc o ,ered. or ha,e been tol d b) taff. that there didn 't a pp~ar to be J seri ous attempt to finance thi s proJ ect pri, ate!) thro ugh a bank. 11 ,s o bvio us tha t 1he o nl y profit the y are planning was th ro ugh ta x fo rg iv ene s . l\ta;or Burn s felt that i, "hY Coun c il didn 't take II further . Ms. La ngo n stated the appli cant kne\\ the; had the opportunit ; 10 \\ithdra\\. and"" did not recel\e an) notice o f their de si re to withdra\\. Vote results: Ayes: Nays : Absent : Motion defeated . None Coun ii Members Garre ll , Brad haw. \V o lo,) n. Yurch ,c k. Grazuli,. Burns Coun cil Member Nabh o lz (c) Reso luti o ns and Moti o ns (i) A rec o mmendatio n fr o m the Department of Finance an . .\d m ,m tratl\e Service s to ado pt a re soluti on approving the fo rmati o n o f a Special D1,1n c1 and to sc hedule J Pu blic Hearing fo r August 7. '.!000 to gather publi c input o n thi s iss ue was com,idered . Frank Gryg lew1cz. Direc to r o f Finance and Administrati ve ervi ces and Exec ut ive Director o f the Englewood Urban Re newa l Auth ority. ad vised th at thi s is a re so luu o n o f 1nten1 10 create a Spec,.,! Improv ement Di stri ct fo r the Aco ma Street parking lo t. Thi s ts s ue wa s JU,t d,scu sed JI the Stud; e,"on . he added . It has been pre ented to the Englewuod Urban Renewal Auth o ru y and abo the Engle\\OOd Do wnt o wn Development Authorit y. both of which approved the second Tri -Party Agreement. The EDDA ha also requested that in paragraph II (d ). beginning with "deficient spaces" and to the e nd o f that paragraph. be deleted. That wa s a reque st fr o m the Study Sessi o n. This als o sets a public hearing for Augu st 7. 2000 at 7 :30 p.m .. as well as publication and noti ce requiremen1 ,. Mayo r Burns asked if that wa s Ro man numeral II. Mr. G') g lew1cz said yes . II 1s the middle o f the paragraph where it begins "defi c ient s pa ces" a nd to the e nd of that paragraph . which ,s basically the propo,ed assessment method . The C it v C lerk ass igned a number and read the reso luu o n by title : RESOL UTION NO. 7 1. SERIES OF 2000 A RESOLUTION DECLARING THE INTENTION OF THE CITY COL'N IL OF E :-.IGLEWOOD . CO LORADO. TO CREATE A SPECIAL IMPROVEMENT DI STR ICT TO MAKE 1~1PR OVEMENTS TO THE ACOMA STREET PARKING LOT . ADOPTING DETAlLS AJ'./0 SPEC IFIC ATIONS FOR THE PROPOSED DISTRICT. AND DIRECTING PUBLICATION AND MAILI 'G OF THE NOTI CE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRIC T . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE RESOLUTION NO. 71, SERIES Of 2000. Coun cil Member Wo losyn said s he had a comment . more than an ything . She noted the firs t part o f the re o luti on says Council has determined it necessary to create a s pe ial imp rovement district within the Cit y. She aid s he does not know that she wants to say that she determined 11 ,s ne cessary to create thi s pecial improvement district. She stated she wo uld prefer that the Do " ntown Devel o pment Authority were able 10 ge t a petiti o n . She agreed. however . that they ha ve do ne a lot o f \\-Ork. and was willing to let thi s go to the ne xt stage . She added that s he ho ped maybe the y could convin e her 1t 1s ne ces ar y. She s aid she wanted to hear the public input, but was no t sold at all. ) I • 0 - • • Englewood City Council July 17, 21Hl0 Page IS • • - Co un cil Member Brads haw said she would be vo tmg agamst thi s. She felt there \\ere o the r "ays the CII) and EDDA co uld work together witho ut t yi ng propert y o wners to an assessment fo r fifteen years . She abo que sti o ned whether this wa s the best use o f that pro pert y. She said s he was no t interested ,n de nying merchants their parking. because it is vi tal to their bus me ss . But thi s is the eleventh ho ur. and JU,t lookin g at how scattered the Study Se ssion was. 11 didn 't make any sense and no body has explamed 11 "ell enough to do thi s . She repeated that s he would be ,oting a gainst 11. Mayor Burns said we had co nsiderable d1 c us io n at tud y Se sto n a bo ut th is. and he \\JS not terri bly pleased that this has come up as late as it has . He ,a,d he was sort of torn between the de sires o f the members of EDDA. as the y see m to want to improve the di stnct. and what the best use ,s fo r thi s pro pert y. The assessment method. which wa s based . essentiall y. o n parkm g stall s and require ment s. has been presented. and it is o bvi o us that e s pec iall y re staurant s pa,d an exceptio nall y large percentage o f 1he cos t o f the se improvements. and we 're bemg to ld no w. that th e EDDA does n't thmk that ,s fair. and . mdeed. 11 ma) nm be fair. Ho wever. I'm '"lling t vo te fo r the re soluti on to ha,e a public hearing. he said to determme whether staff and EDDA can come up w11h a method o f as ses ment th at the bu,inesses. e s peciall y. s uppo rt . He said he did not want th e Ci t ) t be ma po 111 0 n o f tr ymg to decid e th, o n th e ir o wn. and would hke to hear fr o m the bu s ,ne s peo ple o n th, . Ma)Or Burns al so want ed to kn o w ,f we "an get together o n a proposal for deve lopment o f the Parkway Broadwa y orn er. whi h he felt defin11el y need s to be deve lo ped. and was willing to at least go to a public hearing to ,ee if the appro priate partie s can ge t th eir ducks m a row o n an asses sment method . He said he also understand fr o m o ur d1sru s;1o n at the St ud y es,1o n 1h at the re staurant co uld get to gether and essentially present a pet111 on that the y do n't hke the as,e,sme nt meth od a nd if they are o ,er 50 percent the y can kill ,t. He said he wo uld like to hear fr o m th em. It " ~,n d of a lat e matter and the di scuss , n wa s hardl y onclu ive at the Stud y e ss1,rn. but he sai d he wa, at ka,t w,lhng to go to a pubhc hearing to ,ee 1f thi s sho uld go any furthe r. But . he no ted. he "a, do in g · \\Ith o me reluctance. be,ause he th ught 1t could be put together. mu c h better than"" ha ve a1 thi, ;,ta ge anyway. We ha ve two o r three different stage s in the publ ic hearin g and the dee, ,o n-making proce s,. and he sai d he was willing to. at least. go to the first one. Coun cil Member Garrett said he has difficulty with thi s reso lut io n for the fo li o " mg rea,o n. The purpose o l fo rming this di strict. the prote cu o ns and the need s. is basically for the de ve lo pment o f that co rner. He fe lt the corner co uld be devel ped in a very re pons ible way . in cooperati on w11h EDDA. with o ut ha, ,ng to go through taxing and do ing a s pecial assessment on th ose properties. We ma y no t get there. but I wo uld lik e r.o expl o re that o ptio n first . he said . The proposal of possible seni or ho usi ng on that corner wa, menti o ned earlier. We have two examples . he sai d . One is the example of ho w the system wo rked . When th ere wa an i s ue that was bro ught up . EDDA bro ught their concerns to thi s C o uncil and Counc il e valuated th ose concerns and vo ted to no t proceed. The second example is how when yo u do thm gs at the last minute 1t cause confus io n. he said . In that case. all that vote wo uld ha ve do ne . whi ch wa s the purpose o f us to e ven apply fo r bond proceeds. wa s for us to go forward o nl y if we got a proj ec t that wa s s uitable . So that ,s son of hke thi s . We're saying lets ha ve a public hearing and see what is goi ng on . but EDDA d idn 't want to go through e ven that process. I do n't wa nt to go to that level of confusio n at thi s po int when I think most o f this C o un 1l 1s committed to parking fo r the merc hants and de ve lo ping that parcel. Mr. Garrett stated that ,f we c annot get o ur develop ment act together, which. he o pined , by the building we are sitting in. we ha ve shown we ma y be s lo w but we produce decent results ... we may want to pursue that with the Urban Renewal Authonty and the City to devel o p that parcel and with EDDA. without ha ving to go th ro ugh a pecial assessment. Council Member W o losyn said what Council Member Ganett says so unds great. She asked if that was so mething we can make a firm commitment on as an alternative to thi s. Mr. Garrett acknowledged that Director Simpso n was sort of burned o nce by us . un fort unatel y, wit h the direction Council gave him . That. he noted , is his perso nal view . We are committed to de vel o ping that parcel , he said, and we made one attempt. We have a lot of develo pment projects going o n and , he o pined. we arc committed to developing that parcel because we do own a piece of that. Mayor Burns said. if Council votes to continue . to at least ha ve the public hearing. he would like to hear from the EDDA on whether they would be willing to wo rk with the City o n a joint effort to try to de vel o p • ... ) I • 0 • • • Englewood City Council Jul y 17. 2000 Page 16 ·,, • • - tha t corner . He recognized that it is an im po rtant iss ue r igh t no " "1th th em . If that ,a11 fie, them . rather than havmg the assessment . I wo uld sure like to hear fr o m them o n that issue. he said . Mr. Garren sa id. when the ) \\ere asked fo r their re pon e dun ng Study Session. if the y \\ere "tiling lO do that. the Executl\e Director said they didn't care abo ut ha,·ing a special assess ment . as lo ng as that parcel wa devel o ped properly. That was "hat was said. Co un ii Member Yurc h1 ck sa id he wanted to go o n the reco rd that he felt the proce ss with the heanng wo uld gi ve th e peo ple a c hance to s pedk fo r them selve s a nd if the y want to rai se the eight hund red a nd some th ou,and do llars to devel o p the parking lot. then. he th ought. they should be give n th e o pp ortunity . but 1fthey do n't. .. th e n he tho ught that wo uld come out at the public hearin g . Mr. Garrett said he was conL'e rned abou t the devel o pment issue. Mayor Bums aid he wa s equall y concerned about th e development i s ue and he wo uld sure hke to hear fr o m these bu ·mess peop le . 1f "e have a public hearing o n thi s . Mayo r Burns as ked 1f there wa, any ot her comme nt or di scussi on. Bein g no ne . he called fo r the ,0 1e . Vote results: Motion defeated . A ye s : Na ys : Absent : Coun ci l Me mbers Wo loS) n. Yurch1 ~. Burn Counc il Members Garrett. Br adsha". Grazuh; Coun ci l Member Nabho lz Ma yo r Burns sai d the resolution failed fo r la ck of a ma3o rn y. 12 . General Di§(:ussion (a ) Mayor's C hoice (i) Mayo r Bum, sa id we had. m tht> butldmg. o ne of the most memorable e,em , 1n the Ci ty o f Englewood. He said he wo uld like to than k each a nd every member o f the Counc tl fo r all the work the y ha ve do ne o n these proJect s a nd m s upport of th e Light Ratl. and e s pecially the members ot the sta ff. Ci t y Manager Sears. and all of th e staff me mber that ha,e wo rk ed so melessly. tir t. to make the mo ve to th is buildmg. and to to p th at off with a celebra tt n th1; weekend whi c h we nt o n fo r t wo day, he re and three day to tal. All the di pl ays that were tn thi s butlding. tn the lo bby and o uts ide and a ll the wor ~ that wa do ne. especially by Pauletta Puncerell i a nd her taff. o n the entertamment and the food ve nd ors and beverages, it was j ust a Herculean effort . He th ank ed Hank Lo ng fo r all o wing us to parade everyo ne wh o wanted to go to th e rest roo m th rough the Library. It was wo nd erful exposure fo r the Library. He said we had a lunc heo n fo r 350 Li ght Rail s uppo rters and they were reall y 1mpre sed by thi s bui ldin g. He said he would like to thank the Museum o f Outdoor Art s. Mayo r Burn s tated he wo uld like to see th e Muse um of Outdoors Arts promo ted much more than the y were th is weekend. He aid he wa s n't s ure if peo ple e,en kne w they were up there . But they have a terrifi c office a nd facility , and we ha ve to show it to the public . It was a very spec ial weekend. We partic ipated in the ribbon uttin gs o n Friday and at the special dedi cation in Littleto n, he sai d. and we had a band and balloons and e verythtng else . It was like a country fair do wn there . Everyone came bac k fo r the lunc heon and were dul y impre ssed by th is butlding. He agatn extended his thanks fo r a reall y wonderful weekend . Co un c il Member Bradshaw seconded what Mayor Burn had sai d. addtn g that s he reall y fel t Ma yor Burn s deserves c redit fo r a job well do ne. Ma yo r Burns said thank yo u. (b) Council Member's Choice (i) Council Member Brads haw : • • I • 0 ] • • • Englewood City Council July 17 , 2000 Page 17 • •. • - I. She said Coun c il all received Steve Schalk's letter in their packet. She felt she needed 10 rai se the questio n of what we are going 10 do o n that. Number one . ,he fell there wa s a good re ponse fr o m Direc to r Gryglewicz 10 City Manager Sears as far as the Go thic Adm1 s ions Tax . She sa id she could und ersta nd Mr. Schalk's confusion. but mos t busi ne ss owners ju. t attac h th at extra fee 10 ll c kers . She said s he did not want to SCI a precedent and felt that we need to get back 10 him as n as pos 1ble o n that. I reall y do n't want lo see us SCI a precedent that we forgive taxes that are de igncd as a re,enue stream fo r o ur ci 11 zens. she said . She said s he did no t kn ow what Council wanted 10 do. bur s he felt tax e s th at are asse ssed sho uld be paid. '" far as owning an entenainment venue in Englewood. Mayor Burns th o ught Mr . Schalk gave Council so me numbers on h1 gross revenue s and that sort o f thin g that he had never seen produced. Maybe I mi ssed them in there some where. he said. but I want<"d 10 compare the forgiveness of lax he was asking fo r vers us the reve nue s he had . Ms . Brad shaw noted it is related to hi s re ve nues. but he JUSI need to add a surc harge 10 hi s ti c ket s 10 rec o , er that. Council Member Garrell sa id it is sort o f like a franchi se fee . II i JU S! a line item o f the bill and that 1 what most busi ne sses do . Mayor Burns said he wa s a littl e confused . He a ked if Mr . Sc halk was try ing to say that ,f he does n't get thi s tax forgive ne ss he can't s urvive, or was he aski ng fo r a little mo re abilit y 10 make a profi t. Coun ci l Member Wo losyn said she was confu sed when he said ve rsus Bo ulder and Dem er "·here the y get nothing . which is n't the case. When she heard that s he th o ught ma ybe we are hurting o ur se lves by havin g a tax no o ne else ha s. but that is no t the case. City Manager Sears advised that after d oing further researc h what we did find o ut . as I und erstand 11 . 1s ,f there is an event held at a City owned fac1Ji1y in Denver and the performers are paid. they do pay ten percent lax . But Denver theaters do not pa y an admiss ion tax and they do in Bo ulder . Mayor Burns as ked ,f Mr. Schalk had said how that affected hi s competitiveness . Mr. Sears sa,d he just prese nted 11 to the Counc il. Counc il Member Brads haw felt . 1f yo u make a decisi o n to go into bus iness. then yo u need to ha,e a business plan. and yo u need to be aware of all the ordinances and thing s that affect yo ur bu s ine ss . Mayo r Burns noted that hi s leuer said that the Gothic is at a great disadvantage with the three perce nt Admissions Tax. Ms. Wolosy n said. to the extent that he was comparing it with other like ve nues. like the Odge n a nd th e Bluebird, perhaps he is. but he s hould just factor that in 10 his bu siness expenses . Ma yo r Burns tended to agree . He felt it was a confusing case. Co un ci l Member Garrett felt, if ii was possible, we should s it dow n and try 10 wo rk th roug h thi s ·.-,th him He said he knows thi will be a burden on City reso urces . Mr. Garrett said he has do ne a great JOb of re sto ring the Gothic. and that he did no t want 10 ay, no. thi s doesn't make sense . He as ked that o me one si t do wn with him that has the ability to aniculate what is going on and 10 work thro ugh thi s . Co un cil Member Bradshaw noted It would be someo ne fro m the Department of Finance and Adm1mstrau ve Services . Counci l Member Grazulis concurred. Mayo r Burns stated he wanted to recognize that Mr . Schalk ha s gone to rather exceptio nal meas ure s 10 restore this building and initiate this business . • I • 0 • • Englewood Cit~· Council July 17 , 2000 Page 18 • • - Frank Gryglewicz, Director o f Finan e and Ad mini strative Services. sai d staff \\OUld be more tha n glad to work with him . He felt there wa s o me confusion o n ho w it is to be added . It is added int o the ti c ket pri ce . and it is actually no t him paying it. but . rather. it is the people that come and vi it the G o thi c . They do use City se rvice s. and that is why there i thi s tax. because they do o me in a nd th ere are fire. po li ce. th ose som o f services . and the y a re no t free. he said . Director Gryglewic z said he was mo re than willin g to \\Ork wuh Mr. Schalk. Mr. Garrett asked that Mr. Gryglewicz make s ure. when they are ha ving their di sc ussio n. that th ey ar e al l speaking the same language. Right now I do n't think we are. he added . Directo r Gryglewicz repeated that he was more th an willing to it do wn and wo rk with him o n th is . He felt Mr. Schalk might have been audited and then fo und o ut he wa s s upposed to be collectin g thi s and he " liable fo r the tax and was probably unhapp y at that po int in time because the audit went ba c k and saw th at he sh o uld ha ve collected those taxes and he hadn 't included th ose m the ticket pri ce. So I think some education is in order. he sai d. and we can work wuh him . He is a val uab le re so urce to the C it y. so \\C wo uld like to make s ure hi s business is succe sful. so we are m re th an willing t wo rk wtth him m re ,nh~ this . he sai d . Mayor Bums thought that was very enlightening. becau se if yo u are audited and had 10 pay it a ll later. that would be difficult . Co un cil Member Yurc hick asked if Mr. Schalk co uld s pread payment; over a peri od o f time. Mr. Gryglewicz said that has been do ne numerou s times wuh o ur taxpa yers. and we can make arrangements with that. Whatever works for him that's reasonable . Ma yo r Burns asked if he is s till liable to pay that. Mr. Gryglewicz sai d yes. adding that he believed he had already paid . I'm JUSt ;,ayi ng that he is so mew hat upse t over that because it does eat into hi s profit. When you are coll ecting sales ta x or adm1 ss 1o n, ta .< as yo u sho uld and then remitting it. the City actually pays a s mall fee for the ad m1rn strat1 o n o f th at. But "hen yo u find o ut you were s upposed to collect but yo u didn 'r. yo u are sttll hable fo r tt and ir comes o ut of ,our bott.o m line. it is very painful. It is no longer an administrati o n: ir 1s o ut o f yo ur pocket. So \l e will \\Ork with him and contact him and see if we can come to so me good re soluuo n. Mayor Burns asked . with all the interaction we had with him durin g rhe constructi o n peri od. wh y d id he not kn ow that he was s uppose d to collect thi s . Director Gryglewicz felt he had so man y things going o n with getrm g the building o pen and hi s cer11fi ca1e to ge t o pen. thar it just s lipped his mind. Maybe we needed 10 educate him a little bu mo re . He co uld ha ve been on o ur side but . as I said , we're willing to work with him and ho pefull y reso lve thi bec ause we are a partnership with all o ur bu si nesses . Mayor Bums agreed that it was better not to act like a hammer and enforce laws. but to wo rk with peo ple . He said he has had man y comments over the years , that the City really does wo rk with o ur busi ne sses. Mr. Gryglewicz said their success mean s our s uc cess, so we want them to be viable . Council Member Grazulis asked Mr. Gryglewicz to also convey to him Co uncil's concerns. and o ur willingness to help or work with him. Mr . Gryglewicz said o ne o f us will give him a call. 2 . She thanked everyone for the help with the Cit ize n o f the Year ce lebration . She j u,1 \\anted ro le t everyone know it was very nice and special. (ii ) Council Member Grazuli s: • ) I • 0 - • • Englewood City Council July 17, 2000 Page 19 •,. • • -' I . She said s he was thinking that. perhaps. as a Co uncil. if we have not been to the Gothic. ma , be we could do it as a Council effort. just to see and experience it and perhaps convey to the peo ple about it. 2. She also wJnted to talk about the fireworks . She thanked the po lice di vision. because she has lived here for twenty-o ne years and ne ver had such a quiet Fo urth as thi s. preceding and afterwards . She knew they did a good job because so me graffiti artists conveyed a message regarding the police department o n the back of o ne of the buildings and it sh o wed that the y were doi ng their job. That ha s since been removed. she added. E pec1ally with the fire that took place in a house. which looked like it could have been firework indu~ed. It was very alarming. she commented . 3. She advised that la st Saturday, at about 9 :30 p.m. she went with her family and too k an o ther free ride to see what we could . to Mineral and back and go t o ff at each stat io n al o ng the way and tt was st ill standing-room only at 9 :30 o n a Saturday night. To li sten to the comment s at every Statto n WlS very. verv in teresting. Of course. the y still refer to thi s as the Cindere lla City sto p. but that. too . w,11 change 1n lime . At the bus stop o n Broadway. Ms. Grazulis no11ced that a lo t o f them are marked up and thing s ha ve been sc ratched into the plastic . Perhaps if we could co ntact RTD to pruce th o e up . it won 't take anything awa y from the bus ridership. which is a concern, she said. 4. She commented that Council Chambers are great. This 1s my fir t ,e s1 o n here. ,o thank yo u. everybody. she said. (iii) Council Member Yurc h,c k Slid he had JUSt read Eng ineering Manager Kahm ·:, lener that he is sending out to the resident s, particularl y th ose al ong Fl oyd Street. He sa id he wa s at th at meeting and felt Mr. Kahm has more than gone out of hi way to meet their needs and address their concerns . (iv) Council Member Wo lo yn: I . She said. in the aftermath of t9night 's vote. ,he wo uld guess that we wo uld so mehow approach them about future development in a timely fashi o n. and their efforts o n behalf of the wa y they saw the process . 2. She asked, regarding the lener from AT&T Lo Leigh Ann Hoffhines about the right -of-way ordinance . if she could get some explanati o n as to how this affects us . City Attorney Brotzman said abso lutel y. We have actually pulled the right-o f-way o rdin a nce. as a number of parties. including AT&T, had some concerns . Director Ross is rewo rking it. and we will be happy to answer yo ur questions . • •••• Mayor Bums said he looked again at the medians and planters on 285 west of Broadway. He felt the first one looks like it really needs some weeding, as it did last year. But the next two by the bank s. he sai d . he didn't know what the problem was. but the fo liage just looks dead . He doesn't kn o w if they arc being watered or what the problem is. but the y arc in pretty bad shape. Parks and Recreation Director Black agreed they arc in awful shape . We had a mainline break that has no t been able to be repaired because of all the work at the CityCcntcr, he advised . so th ose two 1n particular will have to be replaced. and we arc working on that now. But we ccnainly agree with you. he repeated . ••••• Council Member Grazulis said that, wt,cn she and her family were taking their ride on Friday o n the Light Rail , she sat next to AlcK Habenicht on the way back. Ms. Habenicht made a comment that Ms . Grazuli s agreed with . Ms . Habenicht's comment was that, if the business owners who arc positioned with their .. ) I • 0 • • -• Englewood City Council July 17 , 2000 Page 20 ' .. • ... • - backs up to the Light Rail could somehow all take a trip to gether. so they co uld see ho w the backs of 1hcir businesses look fr o m Light Rail and how it conveys a message for their bus ine ss. maybe the y "o ul d ,pru e their property up . If they did it as a group. then th ey co uld ha>e a lunch o r a field trip together and ma ke comments abo ut the other bus ines ses. Ms. Grazulis th o ught it was a good idea . Ci ty Manager Sears aid that was a good idea. that he ,,o uld ltst th at as a hon-term item a nd give the s uggest ion to our Community Develo pment Depanment. 13 . City Manager's Report (a) City Manager Sears gave spenal recognition to Open Space M ana ger Da ve Lee. "ho. unfortunately. was not present . If Council gets a chance. please thank Da ve fo r hi s melcs effort s . W e would no t have this project o r the weekend d o ne witho ut his work and hi s crew·s \\Ork . Mr. Sears than ked everybody who worked extremel y hard. Safety Services. Public Wo rk s . Community Devel pment . C 11 y Manager s staff and Pauletta Puncerellt in pamcular. .. I can't say eno ugh abo ut o ur staff. but Da, e Lee 1, jUSt a gem to ha ve in this o rganizatio n . Mayor Burns thanked Ri c k Kahm. because he has bugged Mr. Kahm unmercifull y 1he pa,t fe w week ,. regarding the sid ewalks and the concrete. Every day. it seems. "'e ha d a discussio n n n 11. It \\aS a little Ja,t minute. he said. but we we re d o ne and ready to go fo r the Chamber o f Co mm erce receptio n . and that also went very well. He thanked Mr. Kahm for putting up with him fo r the past o uple o f\\ ee k,. Ci ty Manager Sears comme nted that Mr. Kahm ha s had to put up" 1th ~o u and me and jU>t about everybody else. (b) City Manager Sears said let m e go to the budget. He asked C o un ii tn pull u1 the calendars. as we are looki ng at the projected public he aring o n the budget o n September I •• Th.II i, a regular Counci l meeting. and I just want to li st that. he said . Po tentiall y. "'ha1 "'e ha,c "t,,1ed 10 meet a budget sc hedule. and II is up to the Counci l to give me your th ughts . b ut eptember 30th '"1uld be 1hc projected budget retreat. We could probably do it a week earher o n th e 1'rd o f eptcmber . but the 30th i, what we would have and then o ur first reading would be Octo ber 16 . So o ff the to p. he said . 1f )<•u could take a look at your calendars . and let me know if that wo uld be ,u1tablc for yo u . Ma yor Burn said he just no ti ced that the Rail -Voluti o n C o nference 1s the next week. he asked 1f we are qune heavi ly panicipating in that. C it y Manager Sears said we will be. as \\e are a co-pon o r. Mayor Burns noted the Rail Volutio n Conference is Octo ber 4 th through 7th. He ai.ked ,f that \\Oul d \\Ork . Community Deve lopment Directo r Simpson said he di d no t believe there wo uld be an y signifi cant problems and he would no t let th at be a hindrance . Mayo r Burns said he g ue ssed the Rail -Voluti on Conference is no t a problem. Mr. Sears said. right now. we will plan o n the retreat o n September 30th and we will pro bably meet at Wastewater. He noted that they had talked about going somewhere else next year. Council Member Brads ha w suggested we co uld ha ve it here . Mr. Sears sai d he would like to go so me place where it is a little mo re in formal and we co uld cenai nl y ha ve the budget retreat ri ght here o n Septem ber 30th . Mr. Sears said we need to get volunteers from the Counci l to work o n Counc il"s budget. Council Members Bradshaw and Grazulis did that last year. Mr. Sears acknowledged Council Members W o losyn and Grazulis for volunteering this year. He asked if that was okay with the Council. Council Member Bradshaw said yes. Mr. Scars sai d o ka y, we will be working with yo u o n that. City Manager Sears advised that all of the departments arc pulling the preliminary budget together. We are looki ng 10 bring the proposed budget 10 Council September 5th . I • 0 • • • Englewood City Council July 17. 2000 Page 21 '",· • • - (c ) C 11y M a na ger Sear said he wo uld like to d isc u s the commun ity m eet in g roo m. He as ked Assis tant C it y Manager Flaherty to come up a nd lead 1ha1 disc uss io n . Mr. Sea rs a id \\e need so me direcu o n fr o m the Cny C o unc il o n usage. We ha,e g i,en a draft to the staff. a nd they pull ed the e puli c ,e, to geth er. Ma inl y o ur o ffi ce ha s pulled these poli c ies to gether o n the use o f th e Co mmuml ) Room. and "e are srarung 10 get some demands both sho n -1erm and lo ng -term fo r th e use o f 1h1 s roo m . He no ted 1h a1 the pro blem with thi s buildmg. and thi s room . 1s 1ha1 there are some limitatio ns in terms o f o m e sen ice group . in partic ular Li o ns Club o r any o ther c lub. usin g JI o n a permanent bas is. Ass istant C it y Manager Flaherty said the new build ing do e o ffer us a 10 1 o f o ppo rtunn,es . bu1 11 a lso presents so me c hallenges for us . We have a vari et y frooms 1ha 1 \\e ha ve available fo r use fo r mee ti ng , Earl y o n m o ur move process, he said. o ne o f the ub o mm1ttees 1ha1 we es tabli s hed wa s a c o mmittee 1ha 1 wo uld wo rk o n ho w we wo uld address the u,e of 1he,c rooms . bo th m terms o f internal use and external usage . What \\C have come up with 1s a frame \\Ork . o r pol1 C). 1f yo u '"II. and we "amed 10 ha,e th e o p ponunn y fo r Coun ci l to give us some input and d irecu o n. 1f yo u hoose 10 d o o . \\Jlh regard 10 ho " \\C addre s th se requests that we receh·e . In fa ct. he sa id. ,mce \\C ha,e been in the b uddi ng . we ha ,e re cei ved numerous requests a nd 1ha1 li st 1s growmg <!\Cr) da) We ha ,e no t ac ted o n a n) o f th e re que ,1, a, )Cl. exce pt fo r the mternal reques t fo r the M u nda ) m gh 1 ,1ud y es,io n, a. "ell as ,ario us de partm e nt s tllJI are plannmg tra1mng ses io ns and thm g, o f th at na ture . Bu t. hen ted . \\C d o ha,e a num ber o f req ue st, tha t "e need 10 ,ran addressin g relau ve l) qu , kl ) here . a nd tha t " d i J o u b le. mo re tha n likel y. whe n o ur cult ur al s p.1 ce , read y and the h st o f use, ",II pru babl) change m compl e <1 o n. ,o me " hat. as \\el l. M r. Flahert ) said he "o uld like 10 run thro u gh thi s "n h o u n~d q u id.I) .. 1he mformau o n 1h a1 wa, prov 1deJ m th eir pad,e ts. W e are proposmg that the third tl oor conferenl'e room, be resened fo r C it y uses. mcl ud 1ng II) o unc 1I. board , and co mm,ssmns a nd C it ) departm e nt ,. he ad\l,ed . We are p roposm g 1ha1 the Com mumt y Room. ri g ht here o n the second tl oor. th e Ande rso n and Perrin room in th e Library. a, \\e ll"" th e ne \\ c ultural ans s pat·e . "hen II 1; o mplered . be a,a ,la b le fu r both C n y and publi c use : a nd d e pendi ng upo n )OUr direcu o n . po1en11 a ll y for so me pn va te u ,e as \\e ll. The Libra ry " di rema in re,po ns1bl e fu r the resenau o n, of the Ande rson a nd Perrin Rooms as the y hO\e been d o ne in the past. and they \\Ill pn w 1d e th(1se room;, a t lea,1 during no rmal bus mess ho urs. \\h1 c h 1s ba s icall y Mo nday th rough Thursda y fr o m :00 a.m unt il 9 ·00 pm .. and Fnda y fro m ·00 a .m . 5:30 p .m .. at no c harge to their user Thi s ,s ha ,i ca ll) 1h.: policy the L 1brar) ha prO\lded o ver the past se,eral )ear and they wo uld like 10 co ntinue 1h a1. W11 h re gard 10 th e Co mmunll) Room . \\e belie,e that the size o f that room and the a vadabdit y o f the catenng knc he n make, n a different l)pe of u,e and makes the potenual users much m o re numerou s and muc h mo re po!e nu all) demandmg o n us m terms o f ;erv1ce s . Obv1 u sly . 1f we are go ing to provide that roo m. we are look mg a t pr , 1dmg a number o f setups. whether fo r a lecture. a general meeting with tables and c hair,. o r some o ther t) pe o f u,e mcl ud,n g part) ty pe us e . What we're lookmg at fo r the Co mmunity Roo m 1s to ha,e the C it y Mana ger's Office. al o ng with mput fr o m Public Wo rks . o ur budd ing maintenance fun cu o n. 10 re,pond to those requests re cei ved for o uts ide use for the Community R o m . Park; and Recreat io n \\J II be respo ns ible fo r the c ultural arts s pace when that fa c dll ) 1s up and running, and Parks and Recreau o ns has a lso agreed that the y will take the res po ns ibdny fo r book,n g requests fo r the o utd oor plazas when th o se are co mplete . because that is reall y part o f the func ti o n 1ha1 Parks and Rec reauo n no rma ll y provides . W e also bel ie ve , with the exceptio n o f use s fo r Cit y related use s and o ther go vernme nt relate d uses that in cl ude meet in gs o f co mmunity interest as well as Ci ty sponsored and po tenuall y co-spo nsored e vents. 1ha1 th ere will be no c harge fo r the Co mmunity Room . Fo r o ther use s . wh ich co uld mclude no np rofit service o rgamzati o ns . Englewood pri vate c itizens. pri vate use . no nre 1dents . no nprofit. a variety o f users that we po tentiall y co uld have. we are proposing that there will be a charge fo r the us e o f the roo m and that those rare s be in a range that are s imilar to what Parks and Recreatio n is c urrently getting for their fa c d it y, as "ell as o ur survey o f o ther c 1ues with a s imilar type of community rooms. One o f the o ther things. that C n y M anager Sears menti o ned. 1s that we wo uld like to avoid. at least at thi s point in time, scheduling o uts1 d~ rganizauo ns that have regular, s heduled meetings. We arc trying to avo id any use that wo uld be o n an o ngo mg basi s . panicularl y 1f JI could potentially interfere with the City uses or require us to have staff here after ho urs o n a regular basis. The other elements that we want to talk about. at least broach with the C 11 y Co uncil. he said, is that currcntiy, or previously, in the City facilities . alcohol use has not been permitted . Becau e the ownership of this building and this propcny is actually under a private foundation. we 're looking at the opportunity, the option, and we've actually already done this once with Council's approval. 10 permit alcohol service for some limited special public occasions as may be approved by City Council. Obvio usly the permit holder would be required to apply for and get approval of the Liquor Licensing • ) I • 0 • • • Englewood City Counl'il July 17 , 2000 Page 22 ; .... • • - Authority for th a t s pecial event liquor Ii ense. The o ther thing included in that package 1s a ,ample o f a permit fo r th e uses of the Commun ity Room . W ith th at. it ind icate s the process f r obtaining a permit. It talk s about th e rules and regulatio ns including the maximum apacity fo r th e room " h ich 1s set b~ o ur ti re marshal at 159. the hours of use of the Commun ity Room rn terms of the b uild ing being o pen. and fee, and c harges fo r the use of the Commu nity Room. wh ich we have set o ut a t thi s po int in time a;, fo ll o ws : resident fees. fo r either resident busrne ses or re si dent o rganizatio ns or resident ind I\ iduals at S20 00 JJ<!r ho ur. Mayo r Burns asked if he o uld ask a questio n. He fdr M r. Flaherty ho ul d clanfy that. as 11 1s both organizati o n s and ind1 v1d ual s. Mr. Fl ahert y said that is correct. Nonreside nt use at S30.00 an ho ur. a foo d service fee or use of the kitchen facility at $IO a n ho ur. and o th e r areas. if ava il able. Those wo uld be a, "e did with RTD : we made the atnum available for RTD. he recalled. but wa s not s u re "e \\Ould d o that o n a regular basis. As a matter of fact. I'm relativel y ure v.e \\Ould n't o r co uldn 't d o th a t o n a regular basi ~ r private fun c tion . he said . because particularly w hen \\e have court in sessio n and o ther activi t ies th at wuld be impacted. Setup fees for any special setup requirements. wo uld depend o n "hat the setup is . After h ur use. tf someone "anted ro utthze the fac1h1~ n Friday ni g ht o r during the \\Cekend "hen \\e no rmall y d o n ·r have s taff here . that would be an extra c harge o f Sc5 .00 an ho ur. Security fee. 1f required . would be based o n "hat. .. a nd "e 're bas1call) proposing at thi s po int that 1t either be an Engle\\,IIXl oft duty polt ce presence o r the pre ence f o ur contran ecunt) tirm that we currently have wnh the Co urt . And that would be ba sed o n the type o f e, em, hether o r nor we wo uld requ ire ;,e cunt). Ar 1h1 s point probably an eve nt "1th al h I en ice "o uld require ,e ·unty. I f 1t \\a, an e,em that 1s po rentt all) cont roversial in nature . \\e "o uld probabl y be lo kmg a t so me level of secunty a; we ll. At thi, p,11nt . \I r. F laherty asked if Counci l had an y q uestio n . He added that we h ave had requests fr o m the 1\lu,eum o f Outdoor Ans very recentl y. thi s mo rning. to uul iz e the C mmunity R m fo r an o pening o f a n art e,h1b11. the an exhibit that is being put up no w . for the weekend . O ne o f the th in gs that we wanted to be c areful about before making a commitme nt to th e Museum o f Outdoor Arts. was if it is held o n a weekend. \\C do n't have staff here. we would have to bnng staff in and there is a cost invo lved with that. Mr. Flahert) proposed that we address that in o ur policy. that we include either Cit y s po nsored o r cosponsored events and that we deal with those o n a o ne by o ne basi s . C learl y. he said. I d o n't want to a ssume that we \\Ould be required o r enco uraged to ho ld event on a weekly b asis that \\Ould have a cost to the City. Ho "ever. ,t we did ha ve an o rgani zat ion. like MOA. o r o ther community o rgani zations that wa nted to ha,e a n e,em here during the weekend. that the City could c hoose to cosponsor a nd we co uld d o th a t wit ho ut a c harge . C unc1I Member Bradshaw commented that s he did no r rea lize the k itc he n was not a knchen unul s he ran in there to get some ice with Sue Bradshaw . She expressed disappointment in th e scope o f the kttc he n anJ the faci lities there. One of the reasons we wanted to have a community room wtth a kit c hen was so that er\'1Ce c lubs could meet. like Ro tary. Lio ns and K iwani s. she sa id . She felt that is c o mmun ity. and that 11 ,s really important that we welco me them . She wondered 1f tha t kitchen wo uld be th e ,cale that they can use . She tated s he really has a problem with the fact that Englewood citizen s' pnvate use is dela yed until January. because she knows there ha ve been some organi zati o ns that have c alled a nd a ked . S he re o gmzed tha t we need to watch the pohcy but. it is o ur c it izens' Civic Center. and we d o n r need 10 lo;e 1ght o f that. Mr. Flaherty respo nded t hat . in terms o f private use, what we a re referring to there I no t ne(es anl~ o rganizatio n . whether they be service o r o therwise , but we are talking about. fo r example. someo ne 's pnvate wedding rec eption . The reason that it was sugge tcd tha t we ho ld o ff for the remainder o f thi s yea r was JUSt to see what o ther u sages we wo uld have that were trul y community use;. I a m n t suggesting th at we wo uld no t c hange that o r could no t c hange that. he said . but we were a httle concerned abo ut the le,·el o f activity that we were going to ha ve in the Community Room that "o uld be o n a c o mm urnty basi s o r an o rganized bas is before we got into wedding receptto ns. bar mitz va h s and thtngs of th a t nature. Coun ci l Member Yurc h,c k as ked if we want to get int o the rental hall busi ne ss. as th a t sound, hke the direction thi s i going, in looking at weddings. bar mitzvahs and o ther pri va te functio n s. Ms. Brad haw asked where to draw the line. • 0 I • 0 - • Englewood City Council July 17, 2000 Page 23 ... • • -... Ma yo r Burns said he was a little surpri sed to hear that. as he did not think "e wo uld be ho tm g weddin g re cepti o ns either. Mr. Flaheny said the intent is that we would not do that fo r the remainder o f th is year. At so me poin t. 1f 11 is Counci l's directi on that we do that. we ·ould do that. But at thi s point in time. we are pro posing that "e don't d o that unul 200 I at the earlies t. Co un cil Member Brads haw aid he did not have any pro blem with the Chamber o f Co mmerce . Neighborhood Watch. the Lions Club. DR COG. RTD . th ose kinds of thing . but her concern is that there mi ght be some confus io n as to where the bo undarie s fo r MOA are. They have part of their pace. and I am so proud that they are here and they really are a posi tive asset 10 thi s faci lit y. she said. but I do think there need s to be so me limit s set . Mr. Flaheny said the Ci ty ha s concerns. like wise. panicularl y in terms o f th o e event s that \\Ould be held after ho urs in which we "o uld ha ve to provide staff here . That is a co ncern and the questi o n that I \\anted to bnng up to Council in that pamc ular case. he sa id . is that somethin g the City Co un c il wo uld c hoose to spo nsor o r not. and . if so. how many lime s a year? Cou nci l Member Brad s haw asked if their area could spo nso r it. That 1s why the y ha ,e the MOA are a. sh e said . Mr . Fl aheny aid he wa s no t s ure o f th eir intent . O n thi s firs t ex hibit. o bvi ou sly. their exh1b11 extend s be yo nd the gallery. It extends int o th e Communit y Roo m and int o th e atrium and the as umpu o n 1s that the v wi s h to o pen up that ex hibit a nd utili ze that area where the art piec es are di s played . May or Burn s asked 1f they having a special recepti o n fo r this exhibit. Mr. Flaheny sa id II wo uld ba s icall y be an exhibit o pening . and assumed that that \\Ould be a recepti on t)pe opening. Ma)o r Burns said th at "o uld be o pen o n a daily ba>1 fo r some time . because that "ould interfere wuh th e use o f the build mg. Mr. Flahert) said th eir galler ). per their contract. 1s a e,s1ble to the pu blic o n a dail y basis . The is sue tha t we are talkin g about 1s "hether r not "e wa nt to make the building available fo r their speci a l e,h1b1t on a wee kend "hen "e are not normall ) o pen fo r busine ss. and "e "o uld have to prov ide staff here to o pen th e building Jnd pro, ,de :.ecunt~ a nd 3a nit o nal se r vices. They are JU St lookin g at the recepti o n fo r I\\O da ys. Fnd ) nd ;iturdJ) of mid -August. aro und the 19th a nd 20"' o r the 20th and 21st of Au gust. BrJJ .a" c,pre,~d c,mcem o,er th e appeara nce of 1mpro pnety in 1ha1 we let a pri, ate o rganizati on hJ, Jue .u,J c J ,,n t let the ,·mzen, ha-e ac e,s . C\,un.11 lt. ho , ui.:h, ai d he thought that "a" what the extra fo ur th o u and feet was fo r. tha t the y got pri n • 10 u,c at :-1 Brads haw agreed . ~-la )or Burn a led . n c that 1s set up and the y ha,·e tenant fini sh over there. if that wo uld be a n appropriate pl . I r them to " rk "'th the Parks and Recreauon to ha ve their exhibit o ve r there. Mr. Flahen) said he "a no t s ure o f "'hat the la yo ut o f the room is going to be . Mayo r Burns said we talked about ha vi ng presentati ons and lectures and things like that . in that extra spa ce that you would be in c harge of. He asked 1f they could have an e xhibit , that is an especia ll y large one , 1hat would son of s pill over into that s pace wnhout having to access the Community Room. Parks and Recreation Direc to r Black said absolutely . What we had talked about was programming that area . There is a priority that is set up in terms of the City being the first pri o rity. then the programs we have there. then cooperative programming and then, he said. I think it is MOA use . But. he said, he thought there were a number of programs that . between the City and MOA, the y can work together o n. .. I • 0 • • • Englewood City Council Jul)· 17, 2000 Page 24 .. -. ' • • -' But. he noted. he th ought part o f the intent o f the agreement was that there wo uld be a num ber o f uses . ninet y uses per year. where they can use that site as well. if the Ci ty is not using 11. So I think that 1s certainl y appropriat.e . he said . Mr. Garrell asked when the y anticipate it will be fini shed . Mr. Black said three l four mo nths . Mayor Burns said. it see ms 10 him that maybe what they are thinking o f I if that space \\35 available the y wouldn't even be asking for the Community Room. Council Member Wo losy n sa id usually when you ha ve an art o pening. yo u want people to see th e sho w. She felt it is a onetime o nly. because yo u want to sh o w off yo ur own premi ses for an o penin g. Ho wever. this sort of little synergy we are doing here ... the y are making the building look great ri ght no w. that mi ght be something that could be explained. an extenuaung ircu msta nce . Ms. Bradshaw said we had 10 draw the line as far as what spa,es were available. and no" he ca n see people sort of aying they won'! use that space because the y can o nl y have that ,o man y limes. but 1·11 u,e these other spaces . Ms . Wolosyn said she would hate 10 see us get int o a thin g \\here the _ are go ing 10 sa~ the y are no t gomg 10 put art in the hallwa ys . M s. Bradshaw did not "ant 10 ee that. either. Ms. Wolosy n asked if we would say thi s is a o netime o nl y. Ms. Bradshaw said. if they want to put their art out. that is fine. But she also fell that we can re,·1p roca1e with an opening or something like that. We need to wat,h 11. Coun cil Member Wo losy n agreed . Ma~or Burns agreed . Council Member Yurchick sa id. if it is a o netime deal. he did not like the idea that. if we do n't give them that , they aren 't going to put their art out. Council Member Wo los yn sa id she just wanted to avoid anything like that. Ms. Bradshaw felt we could . but thi s is Civic Center. .. 1t says, Englewood Civic Center. and that 1s fo r ciuzens of Englewood. She felt Council needed to look at these and get back to him . Ms. Wolosyn said she did no t know 1f It was in their agreement to put art in o ur buildin g. Ms. Brad shaw commented that there were children caught painting in the Co mmunity Room . amo ng o ther things going o n. where the y were overstepping use. Ms. Wo losyn agreed that was so methin g 10 be addre sed . Mr . Flaherty aid o ne of the things the MOA representative menuo ned, when the y requested the use o f th e Co mmunit y Room, was that until the cultural arts space is available, they would like to use the Co mmunll } Roo m. Frankl y. we will have similar issues once that cultural pace is available because we will sull be looking at th ose added costs for after ho ur s activities in which we have 10 have ecurity and/or custodial ser,ices . So the issue is going to be the same. but in a different room . Mr. Garren felt the i sue s were slightly different between these two rooms. because we have a co ntractual relationship with MOA 10 use the cultural ans space and unfortunatel y it is just not quite read y yet. He felt that, from what he heard. the policy decision we will have 10 make is if we c hoose 10 take the MOA art and put it in the Community Room. that we·re saying we may have to open that up. we're saying they could ha ve a reception . Mr . Garren commented that if we say we are going 10 have different art in that roo m. n 1 MOA an. which is fine. then I think we can actually make it easier. Because they have already talked about puning art in there and I think once we open that door . if the y have a showing. the art is in there . Council Member Bradshaw stated that Rosemary LaPorta offered to put art in there too. at a pri ce . ) I • 0 • • -• Englewood City Council July 17, 2000 Page 2S Mr. Garrett said rh o e are rhings we need ro discuss . • • - M . Brad.haw agreed . She said she really wanred 10 see lio ns Club meer ings ,n here o n a regular bast s rhar is why we pur rhar room in . She said she wanted Rora ry. 1f1hey want 10 meer here. a nd Krn arn . 1f they want 10 meer here. She pointed o ut thar that is "hy we pur thar room m . Mayor Burns felt we could accommodare those se rvice clubs fr o m rime 10 11me. but did no r rhink "e \\ere ser up lo do it every week. Thar is going 10 be an awful I I of meermgs every mgle "eek. he noted. Ms. Bradshaw said that is why rhat kitchen ts inadequate fo r rhar use. and she rh oughr rhar ,s "hy 11e did 11. C iry Manager Sears advi sed rhar we actually ha ve a fo rmal requesr from the lio ns Club to u e rhar room. and we will meet with th ose people. if thar is Coun cil"s direc11on. Coun ci l Mem ber Brad haw ,aid ye, C iry Manager Sears said that if th ey do come back wuh rite request for adduio nal kuchen space o r wharever, we may bring that back 10 rhe Council. Bur we need to meer with rhem . he s,11d . The o nl) concern ,s rhat if we do have thar weekly meetin g and there are some special funrno ns rhar )Ou \\Jnl 10 do . yo u can not be served there . There ma y be so me occa io ns jusr like the RTO meeung. o r lune he n. o r some o ther lunc heon we ma} want to ha,·e do"n the road . And if rhey"re ,n there. they're in rhere . \V e ma y for ego some o ther act1vtty. "htch 1s fine . If thar 1s the direc ti o n we go . rhen we go thar "3) Counc il Member Yurch, k ,a,d o n the back o f rhe fo rm ir says you can cancel a meering "1th ~-I -ho ur noti ce. Assisranr Ciry Manager Flaherty said we pur rhat tn as son of an o ur if we needed 10 do thar. But, frank I,. we ·re no r loolang forward 10 c alling somebody and telling them thar we had to cancel their meerm g. particularly tf they paid o ur mo ne y in advance. Ms. Brad shaw said she felt that 1s wh y we ha ve a Communn y Room. She allowed thar ,he m1gh1 nor looki ng at ir the wa y rhey were. but maintained thar 1s why we have a Community Room . Counci l Member Wo J syn agreed . She felt rhe Communny Room should evol\'e o ver ti me as a place where there is an opponuniry for others . Maybe the lio n would have to undersrand that every o nce ,n a while rhey would have to miss a meeringjust because II i a big com munir y and it can ·r end up betngJw.t service clubs. We don 't know how rhe community w,JJ evo lve . Maybe rhe res idents over there. ar rhe ne\\ Trammell Crow will want to have meetings every o nce ma whtle. She felt sure the y "·o uld undersrand thar. They are men of the wo rld . So metimes ir ts give and take. she sai d. M s. Grazuli s asked if rhe y would be as mad for MOA using this room if the citizens were also all o wed 10 use it ar the same time. Cou ncil Member Bradshaw asked for clarification. Ms. Graz ul is said if rhe c111zen, didn 'r have a restricri on righr now, and they could start us ing it also . and ir was fo r e very bo d y. wou ld yo u be oka y with them us ing it then ? Ms. Bradshaw sa id s he did no r know MOA was allowed 10 ho ld clas,e, in rhe Community Room . Mr. Flaherty rhought they had had a request fo r rw o dates to use the Communny Room for a c la ss. thar is no t a painting class. Basically the reason they requested that is because o ur orher room is no t ava,lable. he sai d , and we have informed MOA that those uses. whatever uses they have in the Communiry Room. will count againsr their uses of the cultural ans space, when thar actually ,s available. Council Member Bradshaw said she was upset because we asked c itizens for their input 10 build thi s building and now we 're sayi ng they can't use it. that your o rganization can ·1 use 11. M s. Grazulis said when she saw that a red flag went up, because she also felt o ur citizens s ho uld a lso be able to use it righr now and so she was also concerned with that. Mayo r Burns thanked Mr. Flaherty and his group fo r doing work o n rhis . • 0 I • 0 • • -• Englewood City Council July 17, 2000 Page 26 ,,.-- , .. • . . • -.. Mr. Flaheny said they d o want Council's in put. We know that we're not going to go fo rward with po licy umil we ha ve what direcuon and input Council would care to give us. he said. Mayo r Burns sai d . with the service clubs. if the kitchen isn't expanded. that is the logistical problem of gening the food in here and they wo uld have to cater it. He asked how much that wo uld cost. Mr. Flaheny sa id right now we ha ve a holding kitchen. and basicall y it does require a caterer to provide food services. Council Member Bradshaw replied that that is no t what she understood we were building. She tho ught n was a full-service kitchen . M s. Grazulis th o ught so. too . Mayor Burns felt Council was saying is it ,s going to take mo re discussion . Mr . Garrett commented that it is a perfect study session topic. (d ) City Manager Sear expressed his thanks to Frank Gryglew,cz. Lou Elh s and Brenda Castle for the codebooks that Council now has. A lot of work went into those. so thanks to them. (e ) City Manager Sears advised that Jo hn Brackney. o f the Count y. menti o ned sever JI 11me, about a trip that many people throughout the county are going to be taking to Virginia fo r a emergen ) response program. It is bas ically $75 .00 for about a week in the middl e o f ove mber in Virginia fo r th 1' There are many mayors. managers . council people. and we also ha ve Chri s Ol son and J,m tJlnch "ho are planning to go. They do have o ne additional slot for a person in Englewood. a o un c il member or J ,tatf member. he said, and he just wanted to raise that to see if there was a counc il member that wo uld be interested in going for a week in November. They have three slots for Englewood and a "'J1t111g h>i o f thiny-five people. Mr. Garrett commented that it seems like a staff person wo uld get mo re out o t th1,. o un ii Member Bradshaw agreed. Mr. Sears said he had not made up my mind to go o r not . He felt he pro babl) " uld go. but "anted to gl\e the opponunity to a council person because there will be a number o f mayor and coun c il pe o ple and commissioners that will be there . It is a great ume ,n No vember fo r that. ;o he felt he "'o uld probably plan to attend that. (f) City Manager Sears thanked Coun ii fo r all their s up port. commenting that thi s reall y " a great success for thi s community , and that he has a reall y great staff. E very ne ha, worked so hard . he said. and he wanted to say thanks. 14 . City Attorney's Report (a) City Attorney Brotzman advised that we need to revi sit Agenda Item 8 (i). There was a reason that the re olution read something o ther than Code Enforcement . he said . In talking with Sue Bradshaw, there is no o pening on the Code Enforcement Advisory C o mmmee. There is no s lo t . so Coun ii will have to have another vote to withdraw the appointment to that Committee. Council Member Bradshaw asked what J . L. Barnes resigned from . She was advised that J. L. Barnes resigned from the Keep Englewood Beautiful Commission. Mr. Garrett asked how we got that messed up . City Attorney Brotzman sai d he had no idea ho w that happened on the agenda. Mayor Bums commented that it wasn't exactl y accurate at the interviews and he understands that. with the rush o f the move. it was difficult. Ms . Bradshaw said s he thought we had straightened it out. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO WITHDRAW THE FORMER VOTE ON AGENDA ITEM 8 (I) • ~· . 0 I • 0 - • • ----------.----------------....... ------,,---------~-.... -------.- Englewood City Council July 17, 2000 Page 27 • .. • • Ayes : Council Members Garrett . Bradsha w. Wolosyn. Yurchick. Grazulis . Bums Nays : None Absent : Council Member Nabholz Motion carried. City Attorney Brotzman said if Council so desires. we ca n mak e her the first alternate like we did "ith several other members. Council Member Bradshaw said o kay. Council Member Garrett said that was a good idea. Ma yor Bums said lets d o that . 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned at 9 :30 p .m. ~J.0. ,. ... I • 0 J- • ----~--~--------------~~~---------..-,..----- Elli Englewood Schools ASlep Aheod STEPHEN WHllE. Ed .D. Supemtendenl ol SchOols August 7, 2000 To Whom It May Concern : • • - .. GREGORY N. PIERSON Prtnc;po( Englew<>Od Hign SchOol 3800 Sou!h Logan Slfeet Englewood. Coiolodo 80 110 Phone: (303) -.2266 Fax: (303) -.:mo I am writmg in regard to Jon Manning. As principal of Englewood High School , I knew Jon Manning as a student-athlete at EHS . While at EHS , Joo Manning was a student of high academic standing. He was actively involved in Student Government and sports, including a state ctmnpion wrestler. While attending EHS , Jon was !2! a discipline problem . He was the type of student that teachers enjoyed having in class. If I can be of further usistance, please do not hesitate to COD18Ct me. Respectfully, ~~~ .. Gregory N . Pierson Roscoe L. Davidson Admlnistratton 8uildng • 4101 S. 8amock St . • Englewood. CO 80110 • Pharo: 303-761 -7050 • Fax 303-aCb-2098 >' ' . ' I . 0 X • • J u • • . ~ ..... • • June 25 , 2000 To whom it may conoem . I am writing this leller as a character reference for Jonathan Maming. I have known Jonathan for five years . As a= teenager he oould sometimes be impetuous. As an adult he has learned when to with humor, understanding and sometimes levity. He demonstrates restraint in the faced adut issues and usually has a clear understanding d the gravity d the situation . His backQf'OUl'ld training at school and at home haw given him the skHls necessary to handle himself in aA adut settings . I have not fOU'ld Jonathan to be disrespectful or discourteous to adults or authority figures. My involvement with Jonathan Manning is as his ooach and taactw. I have been in his presence in acUt settings , student settings, sports practices, competitions and camp settings. I have had the opportunity to observe him is situations that may have led others to unacx:eptable behaviors. Jonathan showed restraint and matl.rity in each ci the situations. It is with some SI.IJ)fise that I find myself wnting 1his letter for Jonathan. He has not demonstrated to me the actions desaibed. In several travels, Slfflmer settings, school settings and al adult settings I have not had the~ d hearing him lash out. be disrespedful, disaulaous or 8>CPf'8SS himself in a naugnry manner . I would upect the ow:ome d this action will be a learning situation for Jonathan. He does use lessons well . For him to be in a situation such as this brings thoughts d reviewing the Sltua1lon and al the people Involved to mind. It Is Oti d charactar for him to allow events to go to the 8Xl8nt they have. Pleaae know that Jonathan Mannina is a person d his word. His personal character and past actions do not reflect the aocusedbehaviors. Consider the situation carefully , giving Jonathan Manning the personal l'91IS and credit he has teamed to expect. Sinanly ~d.tL,, TeacharA:oach ...., " Englewood High School , . .. ) I . 0 3 • . . .. . . ' ' .. ' ' ~ • • . . - ) • • I . 0 • • • • • ~ .. 4-·~ • -.. 6/21/00 Re : Case # 00-8872 Summons/ 0.8.T .S No. 264773 Nick Webber and I, Jonathan M. Manning, were returning from dancing at Rock Island . It was a little after 1:30 A.M. on Sunday, June 18, 2000, where we dropped off some friends and proceeded toward Nick's house. We were traveling south on Elati, just past Hampden , when I saw Officer McCaan pull out from Ithaca Street. As he passed us, he gave us a long hard stare, started slowing down, and his brake lights came on. I told Nick that we were about to be stopped. A little bit after he passed us Officer McCaan made a U-tum . When we were at the comer of Elati and Kenyon, two houses away from where Nick lives. Officer McCann came up behind us and turned on his lights. Nick turned right and parked the car. Officer McCaan came up to the driver side window and immediately asked how old we were . We both answered we were 19. He then asked Nick for his driver's licemc, registration and proof of insurance . He went and ran those items on his computer. He then came back and asked for mine . I handed it over to Officer McCaan. By now Officer Jones had anived on the scene. When Officer McCaan came back to the car he stated that he smelled a faint odor of alcohol in the vehicle. He proceeded to ask ifwe had been drinking. We both answered "NO". He then asked Nick to step out of the car and take the roadside test . Nick was asked to perform various tasks (Such as placing one foot in front of the other, saying his ABC 's without singing, standing on his left foot with his right foot six inches off of the ground and slowly counting to 30, etc .). After accomplishing the tasks he was then told to take a PBT (portable breath test). Apparently trace amounts showed up . He was then asked why he was lying to him. Nick said again that he had not been drinking. McCaan then came over to the passenger window and tapped on it. I rolled down the window and he demanded that I blow into the PBT. I asked him why did I have to • ) I • 0 J • • • • , ... .. , .... . • ... < • • ' blow a PBT. He again told me to blow in the PBT. I then asked him why did I have to blow a PBT since I was not driving. He replied by saying," OK "Smart-Ass" you 'n: under arrest . Step out of the car. Officer Jones place him under arrest ." I stepped out of the car and was told to step against the car and place my hands behind my back. I immediately did so and as I did so I asked, "Why was I being placed under arrestT' I was then cuffed (The bandage on my hand was obvious and anyone with common sense should have known that my hand was injured.) and asked to step to the middle of the sidewalk and to spn:ad my legs. Officer Jones patted me down and then asked if I had any sharp objects that could stab him . I told him, "No." He then went through my pockets. I again asked Officer McCaan why I had to blow into the PBT. Instead of answering my Question he got in my face as he walked by and said, "You 'n: a real Alslllole ." I turned sideways and then asked him why he would say that about me . He n:sponded because, "You an:." I n:sponded to that answer by saying, .. , do not think so, Sir. In my opinion you are the one being an Ass-Hole, Sir." This is the only time I used offensive language , which was in respon,e to Officer McCaan calling me an Asshole. When I responded I made sure to still be Respectful by stating it as my opinion. I was then asked to tum back around . I did so. I asked again why was I being arrested. I was finally told for "Consumption of Alcohol by a Minor." Officer McCaan then told Officer Jones to take me to the squad car. I was led to the car. The officer opened the door and I stepped in unassisted . As I sat down I slipped and hit my left hand on the seat. The officer had already shut the door and started to walk away as I called for the Officer, "Sir, Excuse me Officer." Apparently he did not hear me as I continued to call after him . Eventually I gave up and waited for him to tum around . I started calling to Officer Jones as soon as he turned around and he started to approach the squad car a few seconds later. He opened the door and I asked him to please place my cuffs in front of my Body. I infonned him that I had just had surgery on my wrist (which the cuffs were placed over three of incisions on my wrist) and finger (which still had an open wound) and told Officer Jones that they were 2 . l ' ' . ) I • 0 ·- • • • ;,•·· ,. .. • - starting to throb. He told me, "No." and that it would only be a few minutes until they were off. He again shut the door and I realil.ed that I was not in a seatbelt. I tried once again to get his attention . He paid me no heed until he got into the Drivers seat. I then asked him to seatbelt me in . The reason I asked him was because I had been saved by a seatbelt in a rollover accident and a good friend of mine had recently died on the way back to college. He was not wearing a seatbelt and his girlfriend was . She survived . Officer Jones responded, "The station is just a few blocks away, I promise I won't wreck." I told him. "That's OK. I've heard that one before. I would prefer to be in a seatbelt (Obviously my safety was unimponant)." I again informed him that my wrist and finger were hurting. We arrived at the station and I was taken out of the car, led into the station, and then led to a holding cell . On the way to the cell I asked Officer Jones if I could get some water. He told me in just a few minutes . I asked again in the cell and I never received any water. We arrived in the cell . He removed my possessions and paned me down again. He finally removed the handcuffs . I immediately started to move my wrist trying to lessen the pain. Officer Jones asked if I 1-'ed Medical attention. I replied that the only thing that would remoccly help is a pain pill (for which I have a prescription). The officer then left and I sat down massaging and moving my wrist trying to reduce the pain. As I did so I noticed the cause of some of my pain. The cuffs had made an indention over three of my Arthroscopy incisions. I continued to attempt to reduce my general pain and painful popping without success. Officer Jones then returned and I asked him if I could get a Vicodin since I have a prescription . I was told that they do not carry that at the police station. He then started to take inventory of my possessions. After he was done, I again attempted to find out what my rights were . The officer ignored me and left. He came back after a little while . When the officer came back he took me out before Officer McCaan. On the way out to see him I again asked why do I have to blow into the PBT and what are my rights . I was answered with no explanation besides, "because you have to." I was then made to stand in front of Officer McCaan. Officer McCaan then asked if I had 3 ,. . ' > I • 0 - • • .. .. ' • -.. been drinking and if I would blow into the PBT. Once again I asked Officer McCaan what my rights were. He told me it didn 't really matter; they already had enough information to bust me . I then asked for my identification and asked if I was released. He said that I would only recei ve my identification if he decided to give it to me. I repeated that I had not been drinking. He started to threaten me by saying that my license will be revoked for three months. He followed by stating that he already told me this three t imes. I informed him of the fact that he may have informed my friend, Nick Webber, but noc me. Off"icer McCaan proceeded to give me a fifteen minute lecture in which he informed me that I needed to "Shrink my head," "Get off my High "Faddas" Horse," and that I was "Egotistical." I was then told that my friend had signed a statement. • I later learned, from Nick Webber, that after Officer McCaan had iaterropled Nick Webber witllotlt any Mlrtuula W"""1,p , he told Nick that he would let him go, without a ticket, ifhe wrote that I had been drinking. Nick went on to write that him and a friend had drunk a few been earlier the day before. Off"icer McCaan told him it wasn 't good enough, that he had to write below the statement, my friend (Jonathan Manning), and initial it. Even though we were out with three other friends, Officer McCaan told Nick, to put my name down as the friend. He then asked me if I was an athlete. I answered him yes and kind of chuckled. TIie reason I chuckled was for the fact that I wrestled this last year at the Colorado School of Mines (until I got injured), and at Englewood High School I played Football, Wrestling and Lacrosse. I was Captain of the Football, Wrestling team as well as being the Student Body Historian. I also had 4 ,,: .. ' • 1 I· 0 - • • • .. • -.. ... placed second in State in Wrestling my junior year and was Stile Champion my senior year. I did not inform him of this because he would most likely respond with a derogatory comment. He then proceeded to say well that's unusual and that most athletes are straightforward. I then asked him how was I not being straightforward. He then informed me of his "Bloodhound " abilities of being able to smell the minutest trace of alcohol. I again informed him that I had not been drinking. After some more nonsensical bragging about his mystical alcohol smelling abilities, he told me that he was tired of wasting his breath on me and that he would most likely see me again if I didn't lose my attitude. I then asked again if I was receiving my Identification back. He finally agreed to give me back my Identification. I then asked again what my rights were and he replied, "When you are pulled over by an officer, you have "NO RIGHTS", the officers are in complete control." I then left the station, still without being read my rights, even though I was arrested and I was questioned, repeatedly about things that exceed the normal scope of identification for booking purposes . When I walked out I saw my friend, Nick Webber, was waiting for me. We walked to his houae where I immediately asked for sometbiag for my wrist and immediately started to write my Slalement. Nicks father came out and asked how we were doing. Nick came back into the room with some Ibuprofen and we told his father what had just happened. After I had finished writing a rough draft I was given a ride home. When I got home I went immediately to get my Vicodin of which I took two. My pain did noc lessen. An hour later I finally drifted off to sleep. I woke up a few hours later in pain still . I was not disrespectful to anyone. I complied with the officer's directions. I refused to take the PBT because I have the right to do so, but I should not be intimidated or coerced to do something I did not believe I was required to do. I did not know that exercising my legal rights is considered a crime under the law. Apparently, asking about your rights makes you a "Smart- 5 .. • t I . 0 - -- • • :.,---------;---------:-------....,.....--------..~----• .. • -' Ass" accordi.11g to Officer McCaan. This crime of asking about your rights apparently is so heinous as to warrant intimidating and coercing someone who registered a miniscule amount of alcohol into making a statement that would save himself and convict a "Smart Ass" as determined by officer McCaan. Thankfully Officer McCaan has cleaml up my misconception, for I must have been confused. ln the United States of America I thought that we were entitled to certain civil rights as citizens of this Sovereign Nation. Officer McCaan informed me otherwise, apparently when an officer stops me, "I have NO IUGHTS!" I hereby certify that this statement is true to the best of my knowledge . Jonathan M . Manning P.S . I still have not worked since the incident. The pain in my wrist has prevented me from doing my Data Entty Job. On 6-20-00 I had an appoinunent with my Hand Specialist. My doctor was concerned with the increased pain in my wrist and has advised me to come back in if the pain persists in order to run more tests . 6 ,. • I > I • 0 3 X ]- • • • , ... ,. .. • • ~d ihc c::xpcnsc tnc:rcu, '""" 1icC1'SCC · '" t"···-e· -r (c) oi subsc..:llOn (.l ) o i this scct 1u n shall oc Part 8 . b .1. ·cw and (i\'il Lia 1 1ty , rh' 12-.i7-l28.5I 199; .• 1rpiarivr drclaration ... · ral assc::mbl~ hcrcb, t1nd s. c1cc1ares that 1h1s scct1on shall_ ID dial any common \aw cause ot 1 ~dor of alcohol t,c, eragcs 1s adju,tc::d for mllat1011 as of Januarv l. 1998 . The: ad justment made on Janua f\ I . 1998. s hall be ba.sc:d o n the cu111ula11,c anilllal ad1us1tnc11l fo r inllatton for each ,ear ,ince the: cikcti,e dalc:: oi the:: damages !11 ;11 tal 1o n s o f paragraph (Cl oi subsectton (3 1 and paragraph (c ) o f s ub sec tton (.l ) oi th1, ,ccllon Th c:: ad]l1 s tmc::nl made pursuant to this paragraph \J ) s hall be rounded upward or d o " n" ard lo th e n e arest ten-dollar 1ncremcnt (b ) As used 1n thi s subse c t ion 5). that in c ertain cascs the alcohol beverages rathcr than , or provision thc::rc::oi 1s the: oC injuries or damages mll1cted --1 nlht1on .. means the annual percentage change in the U nited States D ep artment ol Labor. Bureau of Labor S ta1t s11cs. Consumer Price Index ior Denver-Boulder all 11ems . all urban consumers. or its successor mdex . an intoxicated person except · cd in th1s sc::ction . jia this section . "\icc:nsc:c: ·• means under the: provis,ons oi this le 46 or 48 oi this tttle and the ts of such person . "licensee: is c,vi\lv liable to any · ual or his or hc:r estate: for anv · b individual or damage: 10 anv bccaUSC of the:: intoxication oi due to the: sale: or service oi anv to such person. c:xcc:pt when . is proven that the: licensee wil\iully ·a1lY sold or sc:rvc:d any alcohol ID such person who was u ndc:r the age:: ty-one years or who was nsibl y · and The civil action is commenced within after such sale: or service . No civil action may be: brought pursuant •bscction (3) by the: person to whom ·IIIClhol bc,'c:ragc: was sold or served or by lier estate:, legal guardian. or dependent. (c) In any ci,·il action brought pursuant to .-c:ction (3). the: total liabilitv in anv sud1 shall not exceed one hundred iift, dollars . · a) No social host who iurnishes an, beverage: is civil\y liable: to any injured · ual or his or her estate for anv injurv to individual or damage: 10 anv proper!~ crcd. including any action for wrongful , because of the: intoxication oi any person to the consumption of such alcohol gc:s. except when : (I) It is proven that the social host . lrully and knowinglv served anv alcohol . ..,, gc: to such person who was under the:: age:: • twentv-onc: vears-. and cm The .civil action is commenced "ithin ~ lac year alter such service . (b) No civil action may be brought pursuant ID this subsection ( 4 ) bv the:: person to ,~horn Mach alcohol bevcra12e ,vas served or bv his or lier estate:. legal guardian. N depcndeni . (c) The SecretarY 01 State shall cerui~ th e adjusted hm11auon on damages "11h10 fourteen days after the appropnate miormauon 1s a v ailable:. and su..:h adiusted llm1tallon o n damages shall be the limitat1on applicable to all claims for relict' that accrue on or alter January 1. 1998 12-47-802. \former!~ l2--l7-l-lll 1997 Judici11I re,•ie"'· An, person applymg to the courts ior a renew of the state or anv local llcensm2 authont, ·s dC:CIS100 sha\1 app\~• for rev1eW \\it\UO th1rtV days alter the:: date oi dccts1on of reiusa\ bv a local licensmlZ authoritv or. in the case oi ·approval bv a local hcc:ns1n2 authorirv. within th1rt\' da, s ai'tc::r the date oi lc::cts1on b~ thc:: stale licens1~lZ authonty and shal\ be required lO pa, the cost o i prepanng a transcnpt oi procc::cdings before the hcc::nsmg authont~ "hen s uch a tran scnpt 1s demanded b~ the person taking the appeal o r when uch a tran s cnpt ,s form hcd b~ the h en mg auth nt~ pursuant to court rder Pan 9 Cnla"ful Acts -Enforcement 12-4·.,01 . \Fomwrl~ \2--'7-128\ 1998 Unl11wful acu · uceptions. ( 1) E;'(c ept as provided in scct10n 1 S-13-1 '.!'.?. C RS . 1t 1s unla\\iul for anv person . (a) To sell . serve. g1, c a"ay. dispose ot. exchange . or deliver or permit the sale . scrvmg . giving. or procunng of any alcohol beverage to or for any person under the age of t\,cntv-onc years . to a visibly intoxicated person . or to a known habitual drunkard : (b ) To obtain or attempt to obtain anv alcohol beverage bv misrepresentation of ag.e or by any other method in any place when: alcohol bevcra11.c:s arc sold when such person ,s under twentv-one vc:ars of a12c:: (c) To possess alcohol-bc::vcra~es m any store. m any public place._ including publtc streets, alleys. roads. or highways. or upon 137 .. ) I • 0 • • • '•' .. ., • -... DEFENDANT UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT OITSNO L04({,j • I Appro11 . Time o; V;ol~~n I VtOfatfOO on or aboul THE PEOl'LE Of Tl1E STATE Of COl.ClftAOO VS IL... __ __: Defendant IL.u1 Name) IF"WII ) IM.idlo l I Ago I !~ I 0ot, 01 Bi~ 1o1o . II-J../ ... 1 Dov Yr.j 1 .. -~.o. Dev I ' 5~' !.,.,. ·~ , Yr . Still! I Z~Code ,k-Y r Tr1fftt Accident! Injuries Involved jOetendanl Insured O ves 9 No jO Yes~ O F1101I O v.. Q t,o Employe(1 Nome Employer Adclml I Occ upoioo i<~ -/1,i 1 1 L -::-?r.. !'"' ,lr',,.Jc ...J.,;~l-) ~~--;·.-) ,-:; __ J·-;., "I Busmess Teleph one Property Oamage lnvotved 0 Yet·t: No ~(1LictnseNo. ICommorc,oJ jO.iwr'1Llc.Pr-jS111e I Roce jSo•_ Weight 1Htig~ jHa:r l EVfl The offense ocy urred,i n the :>_late of 1-',;:1.:,,f.,..;·...1.f,+L-Ji.'.,_Y...,·0;;::)_4'' L'-'--'r,'-l ;:',0-,-Y,n.,.,·~a,---ol.__J.il_Y_• _ _;_O_N_o_ ..... 1. "...,u"-_.,.,·_, _I_JV'c_·-_ ·---=;).:I /<..c(c.;/=-"-'"'=-'-· ,,z_ ... ~-a..::".s.Z..,_-L.o-,'-··....,· ........J Colorado, in ,:, r ,-£ 'i;r-rt.:- Vthicle Lictnse No.,· / Is-l"'N ,· /. County at th is !!Pproximate loc1!!i9n : ,.·' ~ 1._:t:f-'.., ( •W ~. :.::,._ ;-.--' { r+ -_::-.. VthicloCoio<. 1,Topmonoml IComn,miil 1ven~ioYMr jMokO / IT.n,e _o(lloclyStvio ,/ Q\'n O Nol I / / ~ ·tc10wnt, / ./ I ,f'loco-·-nd•Add--.. ' / ~..-M,!!,trilll ~rdous ~Ifill list the violat io n address. street inte rsectinQ , or Hi ghway m,le m _,.. 1 1v-1 I Mo I 1 1v-1 !Mn matter IOCMions wi1h d it11nce and direction from marke,. ~ ~BASIC..:::::::FA~CTS:.::=IF::::PR:.:OVE::.,._N_C_OU_LO_C_ON_S_m_UTE-,-----...1.~lllo.llfendl!I-J.,..~All.rruledL..l~lil!_Dtfendl!-,l,.l,lllllnt-,PhFotog;;;;;r;.op.;;hed;;;,;;;,;;;;,;\De;.!';;;ndl;;;.;m;;;;;,;F;;;,ng;;;t.;;rp;.n;.·n;.1td~A':-ge"-nc;.v-::C,-... --:N:-u".:m':"be'."',-i. i ~O_DOME __ ST1C __ VKll£ __ NCE ___ D_A_su __ u_AL_Off __ EN_SE __ -_-_· __ ....1...--=.~--"-0 _No _ _. __ O~Yn __ ~==-o=-~....L.. __ · O_Y_ .. _-_"'_0_-V_f, r~ 7 z_ :: GANG AFRUATIONl D YES ----,,=-=,-----0 NO O UNKNOWN I ARREST NO (!la:: Gift6 Mimi WITNESS NAME , ADDRESS , PHONE NUMBERS (Home & Work), DATE OF BIRTH IN ADDITION TD OFFICER LISTED BE LOW /l D.0.B Phone IH I 2 Nome 0.0 .9 Phone IHI /)-: (' /'V\ /. r '>,v A I --6 ,;0 Phone IWI AddfHS Phone IWI D.0.B Phone IHI 4 Nome D.0.8 Phone IHI --Phone IWI AddfHS Phone IWI 0 ADDITIONAL WITNESSES LISTED ON REVERSE SIDE Of YEUDW COPY OF SUMMONS PENAL TY ASSESSMEN T ONLY : SECTION • / C1!_1i CHARGE / ? .. LJ., L.:r r , / 1 r. I A, /;r _: ·· ., • r.-c: ;;:, , h '.s=:-- I COM . CODE I POINTSI s FINE I s SURCHARGE No.I • -/ ,; y ,t,,; y .I)..,., f>-'_(,-., .-1:-~; 7 / )f:-'L,<?" ~.,r. ,1.,-_c. SECTION Cllll FINE CHARGE No .2 SECTION CHARGE Cllll FINE I s SURCHAR GE No.3 SECTION CHARGE Cllll FINE I s SURCHARGE No ., I CO-DEFENDANTISI 0 Yts 0 ADDITIONAL CHARGES LISTED ON SUBSEQUENT SUMMONS LAST NAME YOU ARE SUMMONED ANO ORDERED TO APPEAR TO ANSWER CHARGES AS STATED ABOVE IN ,ck"-'r.i!=,A"-'"f).,;,i'.cc,±,.,._r f._ _____ ~----------COUNTY COURT NAME Of COUNTY I I z.,_,-~-TIMi ~Q M., DATE ; -~ I: .......... COLORADO DNft, <f.,d I IF THIS DATE IS A SATURDAY , SUNDAY OR HOLIDAY. OR IF FOR ANY REASON THE COURTHOUSE IS CLOSED YOUR MANDATORY APPEARANCE DATE IS THE NEXT COURT BUSINESS DAY. SUMMONS : TRAFFIC INFRACTION D MISD. TRAFF!Cfl"llitso..ffny,,i;'.]_ PENAL TY ASSESSMENT . TRAFFIC INFRACTION C MISD TRAFFIC O MISD fl'ETTY C WITHOUT ADMITTING GUILT. I HEREBY PROMISE TO Al'PEAR AT THE TIME AND PLACE PENALTY ASSES$MENT ONLY UPON PAVMENT OF THIS PENAi.TY ASSESSMENT . I ACKNOWlEOGE INDICATED AIIOVE . FAILURE TO Al'PEAR MAY CONSfflUTE A SEPARATE OFFE~AND %/.'~ ~:~~i::=RC~N~4:~ ::~R~~~~TE~~~;~1:;~:~1;;~~rs~~~~~~~\ WILL RESULT IN A WARRANT BEING ISSUED FOR MY ARREST. SEE INpl!IJtiloNS ON MV ORll/fR'S Pfll VILEGES IF I DO NOT PA Y, MV SIGNAT URE IS A Pfl OMISf TO APPEAR IN COURT SEE REVERSE SIDE . IRE~IRED COURT APPEARANCE -DO NOT MAIL.I -----INSTRUCT ION S ON RE VERSE SIDE FOR POINT REDUCTIONS ANO PAVMENT OF PENAL TV ~ ' ....._ ~ ~ .,_.. --... ~--ASSESSMENT DEFENDANT-::::,,...._·-:---· -~~ " '-> 77 ' .-,, ./ /r: --..,. ::::: OEFEIU>ANT THE UNDERSIGNED SWEARS OR AFFIRMS THAT THERE IS PROBABLE CAU~'ro BELIEVE Tlj5,llEffNOANT CDMMlmD THE ABOVE OfFENSEIS ) AGAINST THE PEACE AND DIGNITY OF THE PEOPLE Of THE s~ATE Of COi.~ AND THAT A COPY Of THIS SUMMONh-EQMIUIN.T ~ TY ~SE~T ~AS OULY SERVED UPON THE DEFENDANT . 1 ~. orF'.~R-~ N~. DATESERWD /--1,( ···v · OFFICER ,/C>·1 (, , .:.') '>-i'"1 /+ ._..__/..__ ...... __ UtHO:ll'SDEPT. ,., I ---DISTRICT!TAOOPIPATROL · -, c ,,.1,-., r ··· , DFFICER -PIINTLASTNAME .,. • 1 1 THIS IS A LEGAL DOCUMENT -READ BOTH SIDES -• • . , ) I • 0 • • v • .. CUSTODY REPORT MISSING PERSO" REPORT CUSTODY: ~ .)>td.Anes1 ; ( I Oelention I Wattare Placement • - ENGLEWOOD POLICE DEPARTMENT NCIC Entry No. Eng-A ~ Cu9tody Daa~ Typo Of ....... &,-/'{. (O O ~n-V,ew 1-+..:=--'=-==+,.l"".l:::l-::.....----....L.:......::::...-L=;....:_;:......::::...=:..1C.L.------------I s'" Summoned Ci ted J· JUVENILE T Talilen Into CustOdy ~~~~~~~,.J~(... __ L __ :_..,.1~~1!!!!!~e-,...,JL~~~~....f.~~!!:~-----l O · Res1stea Gu~alrve 2 · Armed (see below) 3 • t>atrve 4 . Assaulted Ott,ce, H {. D ArrntN Wae Armed With (Chedt Up To Two) {Enter A In Bo• If Autom1t1c ) l,-l.!;:,:;.,a:a:~~-... 4L...;,....;_r::,,::,,.:.:;.-.-::'---"T=,..,.---+-::---r-:::--+.-,-=c--:-:--,--I 99 ~<med 14 ~ Shotgun Slltrt DrNa Shoee ldlnttfying lllllrka 11 c_ Fuearm 15 O Other Firearm D °"* COOi: W-WITTIHI COOi: _,...._ __ , 1 ----c:-,,...._, ..... _, --To(IMl.l'lral,-I ................... E.l'.D.-: O • Silenl -on Summons - ,.__...., 3:~c-:.. -c..- •• Oeloxdicalion Cerfe, 5 • -· Pending Charges 6 ·-·No C""'VH ~ ~ -1(-007 Ol.-'l!S Time of Acbor1 -------- C" ___ , • F·FATMER -Aes. Bus and Chllracteriatk:s 1rype no1 staled) 16 O Lethal Cutting lnstrurmtnl 11 · IIOTMER 12 2 Handgun (e g Sw,tchblacle Kn,te. etc ) t 3 O Rifle , 7 ..... Club Blact ack Brass Knuckles SF · STEPFATHER SIi • STEPMOTHER G • GUARDIAN Dote,Tlme- _( .!. ( l _< .!. I l ~ol--1,: Nomoot--,ng ______________ _ H C)Hand!OOW""'" Oepan..-"9en<Y Nomo ___________________ _ --------------·-------- T-N....-________________ _ Muni . R8CeMOQ Ofhcef's Segna1u,e ......... To • R '°l ReieffedTo Other AulhOnty -·-Yn Page .!L of q___ • ) I • 0 • - • -.. 11 11.t -ll ~~ ..... A O De1th0t~ C.N~LC.WUUU Cue"-1NU-~ Un1ounc« B O Prosecution Declined POLICE DEPARTMENT {)()-gg) J.. Clellf9d By Anesi ~ C O E.><lradlbOn Dechned Clell9d'Except,ona ty D O Refused To Coope,ate OFFENSE REPORT Connecting Cau Re,,ort Numbers E~ E O Juvenile. No Custocty c...,.nceo.ta: N O Not Anolicable 11-,lype I CCIC Emry I NCIC Entry UCR Entry 11 : {Olrilial~ D Supptomern Operator lnltiele: Aopo,11ng -(Last, Fnt, MioJle) /ff l:J cFr.c&r.. MC(A,-i;J M . 10~ Phone:(Home) ---(SITNt . City. State, Zip) Jl,1 \ 5 . £(A7l sr EtJM~wtJo/l le -SOt{c) Phon~'l~~~.nx- s~:~:mcr Btf'.~/ ,4'1) (7""' Oll9nN: t. Ulolt,fl.!fUL llCTJ I C.R.S. #1 : t. ld ·V7-"!0 I (, <t) I~- 2. 2. ~ ll No D 1A1knawn 3. 3. O..·- I -I~ -I~ I Dn-Tin. 1-Dey 1-In--an -~---i.!P'---QQ. --DJ'S_'( -,.__ _ 2"'-__ l'il __ .PLS!f __ o!_S!i _ Of- I --(Choo< Only ON P.-OllwNe) ~•)UNd A @-I (For Burglary Only) 1. 2. 3. (Choo< Aa Many g g ~«EQUC>. -OI--: Ai_._, A O~ A O ~ AIAl>!Jly) C .-.-c o~ c a r-.-N O NotAnnl~ -OI""""' F O Fon:ible N O No Fo<ce .._ at -(Choo< Only ON) (E-C:O. -lor OllwNe •2 --#3 --) T-OI C-ActiYlly (Ched< Up To Thfee) o, o ,., .. ,r,_.r.,,..... GI O °'lal .... I Olll:'1 Ollicl HolpCal 11 D Loa S&ore 8 0 Buy,ng /- 112 o ... ,..,....Loen 10 Q FWcl / WGaa 11 0 Pltking Loi I Gar.,. c O CullHWIQ M.anulactumg I P'ublllnlng .. o ... ,_cu, 110 ~,P\,Dac~ 19 0 '-*11 Slot-.geFec,Mty o o ~,s.,ong Ol O O'Udl l .,...../T ...... 12 * l3falay I ~ 20 0 FINldence I HOffle E O "'-"l C-..,. 0 111 0 ~,oa..-13 ........,,Ac-,1 A111y 21 O Rnta,ram O O Oo,nw,g............, ._,"'l 111 0~• 1, l1CIIII .._.,EiC. 22 o s-,~ 01 D C:0-..._ 1! Q Jlll /flrnlarl 23 0 S9l'w:a I Gu $&alion P 0 --Conca"""' 111 0 _, __ 11 0 Laa I W.,....,, 24 0 -S... CTV . ""· Etc.I T O Tranapo,tlng I T~ ; moor11ng 25 0 Olftet' / U'*'10Wn u .4':"""9 / Ca,oumng T_._., __ 11 0 llftMl'I (1¥Pt not tlaad) 15 0 C>l,er FitNrm 40 D Penonal ~ 70 0 Narcoecs I 0tugs (Choo< Up To Thrw) 12 0 -20 0 Kl'lte /Cullng~ SO O Poooon .. 0 ""* (1:nWAtnllollff-) 1J 0 Me 30 08lunl-IO O -=~,own , .. a......., 35 0 Mob" Vllhide M O Fn __., _ .,,, (i-. Fnt.-) ("i\A'l'i= cF lolc/1...,tt,o -(Home) X • DA V 0 -(--City,-· Zic,) -(Bu..,...) X • DA V 0 T-ol -(0-Only ON) 1-~~= 1Se• 1· 1--·-,o,_ GO-O O Otlw 1 0 -M O-A O -H O - 10-'\i ........ u o ~ A O ,.., F D ,:...,. looa IN D~ N O ~ FD- s _,_ u o .-u o •--u o --u o ~ ~ .,..--,-~(Chod<Uptolwo) lnju,y Typo (Chac:I, Up to FNe) --To 010~ oe o ~·a.-Ne-.. Olla,,---: 020-0nl.lw~ 117 0 1o1a<cyKJlling M O Mror '"'"ry 03 D Drug ONllng OI O Othar Felony -B O --O O ~tn,ur; ·-~ °" OGongland 09 D Ohr Cit--. I O Pou ... tniu_ T O u.Oil_, 2. 06 0 -Gang 10 0~~ L O s.-ei.-aoan u o u-. 3 D -....... OI-To-(For multlpla-------..-i11 on-1 SE -5paoae GP _Gt_ ... ss -5-1,r,g BE -Bal>yal-(baby) EE _E,..,ioyN CS _ Common · Law 5pooae GC_Gtandc:hotd OF _ Othar Family BG _ Boy I Gori F,-d : :@~Kno,m PA __ IL _In-law "°-~ CF _ Chld ot "BG· Above SB _Sibling SP_~ FR _F,-d HFI _ HomoNxual Rel. ST _Strange, CH_ Cl*! SC -Stepchild NE_~ xs_e..-~ RU _ Retationshlp UnkrlOwn -T-l'l'-1J -Com Quanllly ..._, Deecrtpllon y-0..-i.-,ec. " --·-·Sia. T-. -•.C:O-. Etc. _,,,_,v_ t SNana 2 0 - 3 O ~/Forged • D o..._.i ' c..oyed • ; ~0 - 8 0 - I 7 0 S-. 8 0 ~ "'-Y-....... C:0-T-(E--in Codec-m-) ··-10°"(11 1~ ,, flllrdwdN 29 AecrNllonll v .... 37 Tn.os 02-', °"4 , Nlft:Git ~ 20-., 28-·-o.a-,cy--• v ... ,..,. , Ac:ceNonel .. -12Fa,me....,... 21 ......... lnaaumentl 30-·°'*~ JIW-.. _ 13~ .. .....,...__ 31 S.UC:U. • Olw ~ ...... n°'* Ill-t •~EQUIP'lllnl 23ClllicoT,oo-32-·-·--·--DIC...J fur1 15 Hawy Conll'uc:aon I......_.~ 24 Olw Mc*W v .... 33 SNcua · Public I Community 01~ ....... ,~ ,, ....... Goadl 25---·"-.. -·-Il l I .. ~-,1.,....,PNcacaa ..... 211 Aadal l TVI I VCRI 35-·°'* • I • 0 QI Qecll / Dal c.. ,,,_ 27 Allc:arGngl • Audio I Vidleo 31 Tedi · ,.,._. Hand y-D I v-f;l,, I ~LOS I~ I eo-;:,rr;m I T-,.,.No. -~"!:c,.iil ~~-~~ I T"i'M~ I~ I 1ci·~-;~ I uazr..i~ , -No. ,a..,, ... ,.~n":.;e:."':11.,J5ol,, ---·---·---~ -C...,..To r I ----~/lfCut/JloJ) Unit# ._ I AN9*To I Page _l_ h/ .. MCL ..... fl'?-'I I :){JS-. {),,, '"~· of ....!:L !.P.O. 100 (MY. 1-, ~ -• • • • • VICTIM/Wl1'NESS ' ENGLEWOOD I ca .. Report Number SUPPLEMENTAL REPORT POLICE DEPARTMENT oc-887?,. --2 IPhone:(Homo) -: (SlrMI, City, Stale , z;p) I ~ OI Victim : (Check CJnly One) -: W O Whtte Sex: Ago : Affident Status: Ethnicity: B O Blact< I O lndivldual G O Govemmenl O O Olhef I O Indian M O Male R 0 Res,<ienl H O Htsoamc B O -R O Religk)os U O Unknown A 0 Astan F O Female DOB : N O NonreS1dent N D Non • Hispanic F O F-S O Soclely I Public U O Unl<,-n u 0 Unknown U D Unknown U OUnknown ~ Ag--Aauutt / Homlctde Clrcum-: (Checi< Up 10 Two ) Injury Type : (Cneck Up 10 Flve ) Victim Connected To 01 0 Atgurnom 06 0 loveB' Quarrel ONenN Number: 02 0 -On Llw Officer 07 0 Mercy K;JNng N O None M O Mif1or ln1ury 03 0 Drug DNJ;ng 08 0 Olh0< Felony Involved B O Brokoq Bones 0 0 I\AajOf ln1ury 1 0 °' 0 Gangland 09 0 OlhOf Cin:1Jmatances I D Poss. Int . l'l'Jnes T O Loss Of Teelh 2. 0 050 ....... Gang 10 OUnknown Circumstances L O 5eYent Laceralion u O Unconsooosness 3. 0 ~ OI V1ctim To ~: (For multiple -. relalionsl'lps ""'"' °"""""' numoer{sj ,n space) SE -Spouoe GP _ Grandparent SS _ SIOIJSl>ling BE _ Babysnee (baby) EE _ Employee cs -Common . Llw Spouoe GC_Grandcllild OF _ OlhOf Fam,ly BG -Boy / Gin Fnend ER _ Emp!Oyer PA _P ... IL _ ln•laW AO _ AoquaonCance CF _ Child Of "BG " Al>Ove QK _ Otherwise Known S8 -Sibling SP _S._.,... FR _Fn«><! HR _ Homosexuel Rel . ST _ Strange< CH Child SC Slepehild NE -bo< XS Ex ·Spc>use RU Aelat1onsh1p Unknown Vlcllm#3 l""-:(Home) -: (Slrwl, City, 5-. z;p) l""-:(Bu-) Type OI Vlcllm : (Check CJnly One) -: W O Wlwle Sea: Ago: Anklent Status: Elhnlclty: B O BIKk IOlndlvidual G O ~ 0 O O!n8' I 0 Indian M O Male R O Resodenl H O H,apan,c BO-R O Rellgiolll u Q UM,-n A 0 "81en F O Femoie 008: N O Nonres>denl N O Non • H1spante FOFNnCiol 5 0 SoCloty I Pullllc u 0 Unk,_,, u 0 Unknown U 0 Unkrown U 0 Unknown I Agtr..--/-~:(CneckUplOTwo) Injury Type : (Check Up 10 Five) Vlctim~To .. ~ 010~ oe o L.-.' a.-. OllonNNu-: 02 O Aua,11 On Llw 01ks 01 O~Killng N O None M O Minor l"fU,Y 03 0 Drug DNllng oe o oe.. Femy Involved B O B<oken Bones o O ~ln,ury 1. 0 °' 0 Ga,glond ()I O °"* c.n:.,,,--. I O Pou. lnl. lniunes T O LouOITN<h 2. D 050~Gong 100-ar--. L O S-.~ u o u""""""""" 3. D -........... OI V1ctim To-: (For""""'*--~ ---numbarjsj ,n space) SE -Spouoe GP_~ SS _ Slllpllbling BE _ ~ (bal>y) EE _ Employee cs -Common • Llw Spouoe GC __ OF _ Olh8' F.,,.ly BG _ Boy I G,r1 Fnend ER _ Employ• PA __ ll --AO -A<qua,ntance CF _ Cltrid Of 11G" Above OK _ Otherwise Known se_~ SP_~ FR _ Friond HR _ HomoNxuel Rel. ST _Slrange< CH Cltrid SC SIOPCllilcl NE -XS e.,.s..., .. RU ~ounanown --1-:(-) -: ,-. Cly, SIM, QP) 1-=(-) Type OI -: (Checli CJnly One) -: W O Whtlo SU: Age: --: E-ldly: B O BIKk 1 0 -..i G O ~ o o oe.. I o -M O Male R 0 -1 H O Htspan,c B O -R O Religooua U O Untu-,, A O -F O Femaie 008: N O Nonres>dent N O Non -Htspamc F O F-S O Soaoty I Pub1rc u O Unknown u O Unknown U 0 Unknown U 0 Unknown a Agtr..--/-~: (Chock UplO Two ) Injury Type: (Check Up lo F,ve ) Vic11fflC-To I= 1~ o,o ~ 06 0 1.ov8'1' Ouorrel OllonN-: 02 0 .....,.0nuw~ 07 0 Mercy Kili ng N O None M D Minor tn1ury 03 D Drug DNling OI O °"8r Felony Involved B O llr<*en Bonn 0 0 MajOr lnJUry 1 0 °' D Gonglond 09 0 Other Circurnalances I O Pou. lnl. lnJurles T O Lou Of Teelh 2. D 05 D .,.,__ Gong 10 0 Unk,_,, Clrcumllencn L O S.-e '--OlrOn U O Unconaciousneu 3 . D • ~ OI Ytctlffl To-: (For multiple-. relallOnlhlpl Onie< --nurnoet11) ,n spoco) SE -Spouoe GP _ Grondparenl 55 _ Slaplibling BE _ Bol>ysiae< (baby) EE -Employee cs -Common . Law Spoi,-GC _ Grandchild OF _ Olher Fam,iy BG _ Boy I G,ri Fnend ER -Employe< PA _p..,,, IL --AO _ Acqueinlonce CF _ Cl'llcl OI 'BG" Al>Ove OK _ OltwrMse Known SB _Slllling SP _s._.,,, FR _Fnend HR _ HornoMxu.l Rel. ST _s,_ CH Cltrid SC St......,.. NE ....... bo< XS e.,.5pou .. RU Rtittalionahp Unknown -:(l.aal,F ... -) -,-. City , s-. z;p) ----= -: • 1wfR'i.~ tJ1 rllolA { !:. 37~0 (", ,q ,m .rr-hll,IFwcob ~~'~" 10,;i,-80 7S/-;) S-CI/ -.uut- Ill I •2 #3 I • 0 • ... #5 - Olllwr .._._ -( ftlC(A NN) 1-;:01-. l,:~d 1-.-To P0119 =f /f'I .. IYJL'L ...., g'J-'( of a.P.D. 107 (MV. 1NO) -• • • • • '" ,. ·, • -~ -. CONTINUATION ENGLEWOOD POLICE DEPARTMENT Ylctlm C) IF PAOPEATY IT£1111ZATION, USE THE FOLLOWING FORMAT: ---0.-, -- __ A~ f{c.c 'PB17Y ~. ________ "1i>NE _ _,., • Dale Thia Aaport olr/8·00 UCII -(I) ,,_.,,.. . l'J DJllfS7)i,t7)",J ~---= t>~ _Dt...:./6 :o.·a.~~At _ _p~;!'f~_tfl.L _!!/;~/C~~~~-)_~ __ ~l:fluBJ .+' &JZA.'f___{j4 _ oUlJ _ ~IJ/l. BM(?1,.J1,_ te ,lit&JE fllL8ba& 01lf.lJ _ ~~ 'fl> -11-, L!lo_3S'l!O Trte_o~t.,oc _l>t~--.s., fU.7l~_.,!_t_-___ S,(!!. v.fL--rtctlt --1tM -~-E __ 1tu1 ttr.ta:L ue,;i to~M-l71-AI& Tit£. M_cy~ef(#JiN(cUJ f. wfl1Bm . -- _j~-1Q.·~8~ 'l/f H!!7EL....1.lt€_ /ttc~_~/JcR. ef--~-_v!,,_L{e.ffe .. LiL 13-&r:t?ll.GE _ ~HLL 6~~-f.¥£-1 ~,oe!JJtfcT i C/dJI.!L.__ Wt VolVJ:J~l~<,L-./Uu/11._~-·~lj ... 1.r;:...E~~g __ t.,,,)_Ki_t._lf.__ttf._tcuLJL __ !!.M__fl#t:t._ .:f....l{Iis .. &..cTJJ11~t~.. ~-.. ~ ... 1 _ ) .11.u~----A ~l2Mlif_ff!L -1!!iA.t __ f!3T:.!!J.eJ'l~U..-wHit_ff _.f~t,.J_QLt:tJ:t _JU-c _. I :Ib_-1:-f___!._J)IL/_. __ K/p --~;J -~~nr.A _1)1£ .f...,tlj51,J_GM-~-l c~AJ lt'l>+o1J __ 111iJ .. Hl{Ef _ _ ,4f,t,J,Ji..S(i A•O Y..:_Ql./-9-/) ~ifp tM:u_j{~ J!L:£t.lf WI~. ~If -/f,fj) ..JfbktN -- ~ft~ afo,.s ~~C'jfA.Jft__!::-J i , __ lfr _!M{J ___ T)tf .Slfcf~J__!Q!l.!1. .~f ~~--,ttgl(pLU -~'£ c1.1 ·_ lft L. 8tLflrM+__m_f.." _F-L r1ttf&J _~ FJ ___ fJL01:,_J.J..1tur_ -t....J.id-JJ',L ~o _ -~F££cff _.J'Lc/2.t!EtJ . At_ J,,,[,,ft __ d)K.£.o _:fb [!,(ow _L_~--711€ _ f [;( ,t,..rn _ It£ _ If -- J<.f_fils~o. ___ J2..ff.M7r..1Jff.--_A._t __ Af~ _y(.)u __ ~~AJ'C'_ Ht!#. _,& fytt_~~-'l)-1,~_t _ tr (\ I .. ~ '-:'C -~._, ME_ __ :r~_,i! _EO'( _j/1._tui,J §_ -(_O _re__ ~-O~J ___ ~QT .. ~'2 _tr _ .. '· ~· ,r yf_ [p~ __ fJ.fl._<t-J/.t-c~-~-~-1'1_~ __ 7J!.lq~-tiJTQ_..0! t'[t_!Jy . AN~ ](llfr:.iS?o()). __ _ -p.. ~--~~ __ }(f_ __ ~_,fJ __ J;fJy_fQ_ :J.u~/1-1..~~-~';-~!{]_")J, ~I _[<fJf>g,.;IJEQ 'fb _ _ffD_~vi.Q[Q__!f.. __ fM.tit:JruT:..._"}..L__l_'{)tli:£;_/fi... ;~l1 _ftt ¢MC _ Z31Zu bt2 ;~1';~, 'E,t:Efl. {)IJ 61..-/J ·OC 0et .1Mc£"1.f,JT). ------·· _b) fus.f'fCc (,itll)iSJ: i ____ A-L ___ -!_ff. ~~17:i:.1.~---· ____ _ E] fltt l::.'f:~lE. s tJCt.J£ f J ~D~TI I 1,-.,otJf I ---------r-:-=---~--......,.,----f Pogo Unit• .. :PO 1021flew t911) • ~ . I· 0 - • • PD& • • . I • • -... ENGLEWOOD POLICE DEPARTMENT STATEMENT FORII .. DATE (e-J(·CQ NAIIE 14 1, t>b«(" la'st TIME 'J : iJ f: CASE NUMBER DC,~ SJ d- J i Cb«kS first £, . m~acfre HOIIE ADDRESS :, >6 e s. ('t.s-,; ~("J,t«ye«c1«u{ number street Ci BUSINESS ADDRESS HOIIE TELEPHONE ~o J 7(r 'u·•'l DATE OF BIRTH ,o .a C !'.:2: month day year io'~i,(yo-,. c (. ~ ~f) (7 slate Zip BUSINESS TELEPHONE ------ LOCATION OF OFFENSE ·t '"' <(; ct k.~ ... ~ ~ ... -n-um-.b""'e"""r ....._ __ ---"---•'"'tre~,~,, ....._ ___ cit_y ___ co-un-1y ___ s_t1-te--.....,z-~- DATE OF OFFENSE _,_-_1...,c._-_'-';;...o;;;;..... _______ TIIIE OF OFFENSE I 9: ~~,.ei r~.. 1Jv.t!. Cc •·+1f t:6 i,1,c :Lef .... ,1 +.._., . .,, (/!1 , . .,,- f«<< r:~ tl,.ld , ., .... I hereby certify that the above stated facts are true and accurate to the best of my knowledge. "t1.,.Jt.. ~ Sign1fure S:1 -r i•iii Page _.1_ of __j_ Pages Witness I • 0 32X • .. f• '· .. ~-· ... ] -' • ' -' .. • • I· 0 • • ,. ~ ,. t--! 4 . -/,' -· ~ . • • -.. ........ ~~----·--···-·-.. ...... I* ,arty , • • I . 0 2X G 0 - ) • • I I· '---,,J I _.----~----------..... ---• • -• • -' I· • • • I. . ' -• • I -.. I . 0 X • -.. • • I • • • ,rs, :r:r= I . . • -.. • - ., ' • I • 0 ----------------:,,---------,----;------------... -,--. --.... - PLEASE PRINT NAME ' I p' (o L,f ,{Qc,o..:= I • • • • . ' -' PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNIICHEDULED VISITORS DATE: August 7, 2000 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS • TOPIC ) I· 0 - • RESOLUTION NO . ?2:--- SERIES OF 2000 1• !' .. -· • ~ • -' A RESOLUTION APPOINTING TARA HOLMES AS YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD . COLORADO . WHEREAS . there is a youth vacancy on the Englewood Public Library Board: and WHEREAS. Tara Holmes has applied for an appointment as youth member to the Englewood Public Library Board ; and WHEREAS. the Englewood City Council desires to appoint Tara Holmes as youth member to the Englewood Public Library Board; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E NGLEWOOD . COLORADO , THAT : Ses;tjgn 1. Tara Holmes is hereby appointed as youth member to the Englewood Pubhc Library Board and such term shall expire June 30 . 2001. ADOPTED AND APPROVED this 7th of August, 2000 . Thomas J . Burns. Mayor ATTEST: Loucrisbia A. Ellis. City Clerk I , Loucrishia A. Ellis. City Clerk fo~!).e City of Englew ood , Colorado , hereby certify the above is a true copy of Resolution No .".a-Beries of 2000 . Loucrishia A. Ellis • ' '· ' .. . • I •· 0 32X - • • • .. • -.. I A RESOLUTION APPOINTING TARA HPLMES AS YOUTH\_ -~N TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD . COL~~- USOLUTION NO.~ SERIES OF 2000 , WHEREAS. there is a youth vacancy on the Englewood Public Library Board; and WHEREAS. T~olmes has applied for an appointment as youth member to the Englewood Public 'i:b~ Board; and WHEREAS . the Englewood City Council desires to appoint Tara Holmes as youth member to the Enclewood Puli ·c Library Board ; NOW, THEREFORE, BE IT RE LVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT: $ec;tigp 1. Tara Holmes is hereby appo ' d as youth member to the Englewood Public Library Board and such term shall expire Jun 30, 2001. _J ADOPTED AND APPROVED this 7th of Au st, 2000 . Thomas J . Bums, Mayor ATTEST : Loucriahia A . Ellia, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the above ia a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellia ' .. Sa ,. I . 0 X • • -• • ... • - /Qtil BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUN CIL BILL NO . 65 I NT RODUCED BY COU , CIL MEMBER _____ _ A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7,500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION. WHEREAS, in 1990 the City of Englew oo d applied to the Co lora do Departm e nt of Local Affairs and was granted, Enterprise Zone st a tus fo r a majority of the industrially and commercially zoned prope rty in the City of Englewood: a nd WHEREAS , the South Broadway corridor and the Cmderella City s ite received Enterprise Zone designation effective July 1, 1998; a nd WHEREAS , the Department of local Affairs has a co mpeutiv e grant progr a m for Enterprise Zone s , which provides marketing and adm1111 st r at1ve s upport: a nd WHEREAS, thi s is the 5,h year in whi ch the Community Developm e nt Depa rtm e nt of the City of Englewood h as applied for a nd rece iv ed uch funding ; and WHEREAS , the Enterprise Zone is u se d in the City a s a vehicle for business retention; and WHEREAS , by e nc ouragi ng businesses to take advanL:lge of Enterpri se Zone tax credits, an opportunity is crea ted for businesses to strengthen operations through reinvestment of these dollars back in thei r bus iness; and WHEREAS , the Colorado Department of Local Affair s r equires that the City provide m a tching fund s to meet grant requirements; a nd WHEREAS, the Contract between the Colorado Department of Local Affairs and the City of Engle wood pledges $7 ,500 in local matching funds to meet this obligation: and WHEREAS , this Grant and the matching funds will be u sed for Ente rprise Zone marketing and ad mini tration in the City of Englewood: NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon l. The Contract between the Colorado Dep a rtment of Local Affairs, Economic Developme nt Commission for the acceptance of a $7,500 Grant to be used for Enterprise Zone Marketing and Administration and the City of Englewood is attached hereto a s Exhibit 1. -l - '.) I • 0 • • ,.~ .• .. ....... • -.. 5ed,jpn 2. The Contract between the Colorado Department of Local Affairs, Economic Development Commission for the acceptance of a $7 ,500 Grant is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood . Ses;tjon 3. The City Manager and the Finance and Administrative Services Director are authorized to transfer matching funds from the General Fund Unreserved Fund Balance to the Community Development Budget of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of August, 2000 . Published as a Bill for an Ordinance on the 11th day of August, 2000 . Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Elli s , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of August, 2000. Loucrishia A. Ellis -2- ,, ' ~ .. • ) I • 0 32X • • • EDC #43 7 '· ,.• • • - CONTRACT ' DEPARTMENT OR AGENCY NUMBER NAA CONTR,,\.CT ROUTING NUMBER THIS Contract . made th is __ day of , 20 00 • by and between the Sta te of Co lorado for the use and benefit of th e Depanment of l oca l Affairs . Econom ic De velopment Co mmiss ion ("E.D .C ."), 13 13 Sherman Stree t, Den ver, Co lorado 80203 . here inafter referred to as the Sta te , and City of Englewood . 3400 So . Elati St . Englewood. CO 801 10 . here inafter referred to as the Con trac tor . WHEREAS . authority exists in the law and Funds have been budgeted. appropriated and oth erw ise made available and a sufficient unencumbered ba lance thereof rema ins avail ab le for pa yme nt in Fund No. 12§_, Approp . Code 316 , Org . Un it EBAO , GBl . Contract Encumb. No . E0 EDC43 7 ; anc WHEREAS . requ ired approva l, clearance and coo rdinat ion has bee n acc ompli shed from and w it h appropriate agencies ; and WHEREAS . the State des ires to promote econom ic development in Col orado by ass isting loc al commun ities in expand ing the ir econom ic base : and WHEREAS . pursuant to 24-46-101 to 105 . C.R.S . 198 7. th e Co lorado Econom ic De velopment Fu nd is created, and is to be administered by the Depanment of local Affa irs ; and WHEREAS . appl ications for distr ibutions fr om th e Co lorado Eco nom ic De velop ment Fund have bee n received by the Economic De velopment Comm iss ion ; and WHEREAS . the Econom ic Deve lopmen t Comm iss ion has reviewed a nd reco mm end ed to th e Governor that the proiect descri bed in this contrac t be fina nced with a grant ; and WHEREAS . th e Gove rn or has authori ze d expe nditu re of money from the Econom ic Developm ent Fund to finance the project descri bed in th is cont rac t; and WHEREAS, the Con tractor is an e li gible rec ipient of Co lorado Ec on om ic De velopm ent fu nd s ; NOW THEREFORE it is hereby agreed th at 1. Area Co vered. The Contractor shalt perform and accomp li sh alt th e nec essa ry work and services prov ided under this Contract . as desc ribed in tne attac hed Exh1b1t A, whi ch is incorpora ted herein and made part of thi s Con trac t by ref~rence . in conn ec tion with and res pe cting the foll owing ar ea or areas: Arapa hoe Cou nty 2 . Scope of Se rvi ces . In co nsi de ration for th e monies to be receiv ed from th e State . th e Contractor shalt do . perform. and carry out. in a sa ti sfacto ry and proper manner, as de term ined by th e Sta te , alt work elements as indicated in the "Scope of Serv ices·. se t fort h in the Att ached Exhib it A. he rein aft er referred to as the "Pro ject". Work performed prior to th e execu ti on of th is Contrac t shalt not be con s idered part of th is Project. 3 . Respons ible Administrator . The performance of the serv ices requ ired hereunder shalt be under the direct supervis ion of Art Sc ibe lti • an emp loyee or agent of Con trac tor . who is he reb y des ignated as the adm inistrator-in -charge of th is Pro ject. At any time the adm inistr ato r-in -c harge is not ass ign ed to th is Proi ect. alt work shall be suspended unt il the Contractor ass igns a mutu ally accep table rep lace ment adm inistrator-in-charge and the State receives not ificat ion of such repla cement ass ignme nt . Page 1 of 7 Pages • E X h i b i t 1 I • 0 - • • • • .. .. • -... 4 . Time of Performance . Th is Contract sha ll become effective up on proper exec ution of th is Contract . The Pro1ect contemp lated herein shall commence as soon as oracticable after th e execut ion of thi s Contract and sha ll be undenaken and performed in the sequence set forth in the "Time of Performance" in the attached Exh ibit A . No Econom ic Development Commission Funds provided under th is contract will be expended prior to the full execution of th is contract. The Contractor agrees that tim e 1s of th e essence in th e performance of ,t s ob lig at ions under thi s Contract. and that complet ion of th e Project sha ll occur no later than the term ination date set fonh ,n th e "Time of Performance ." 5. Compensation and Method of Pavment. The State agrees to pay to the Co ntr ac:or . in cons ideration for th e work and serv ices to be performed . a total amount not to exceed SEV EN THO U S,l-1 D FIVE HUNDRED AND N0/1 00 DOLLARS I S7 .500l. The method and tim e oi pa yment sha ll be mace ,n accordance with the "Payment Sc hedu le" set forth in Ex h1b1t A. 6 . Account in g . At all times from the effective date of this Contract until comp leti on of thi s Project . the Contractor shall maintain properly segregated books of State funds. match ing fun cs . anc other funds assoc iated with this Project. All receipts and expend itures assoc iated with sa id Pro j ect shall oe documented in a detailed and spec ific manner. and sha ll accord with the "Budget" set fonh in Ex 101t .ls . Contractor may adjust budgeted expend iture amounts up to ten percent (1 0%) w 1th1n sa id Buege! wit hout approval of the State . Adjustments of budget expend iture amounts 1n excess of te n percent ( 0°1.) mu s Je authorized by the State in an amendment to th is Contract properly exec ut ed and appro ved pursuant to the State Fiscal Rules . In no event shall the State's tot al cons iderat ion exceed th e amou nt shown n Paragra:n 5 above. a . Un less otherw ise provided in this Contract , if Exh ibit A prov ides or more than one pa ym ent by th e State, the initial payment set forth 1n th e Pa ym ent Schedu le sha ll be made as soo n as pract icable after proper execution of this Contract. The Contractor shall initi ate all subsequent payment requests by subm itti ng documented proof of proper expend iture of State funds thus far rece ived to a contract monitor des ignated by the State. b . The Contractor shall request the final payment. which is th e amount withheld by th e Sta te until the Proj ec t is comp lete. for the Project by submitt ing to the contract mon itor a deta il ed cost accounting of all State funds rece ived and expended towards comp let ion of the Projec t. Upon determ ini ng to its satisfact ion that all funds rece ived by the Co nt rac tor hav e bee n properly spe nt towa rds accompli shment of th e Project. :he State shall promp tly make fi na l pa y ment to th e Con tr actor . c . With in ninety (90 ) days of comp let ion of the Project. the Contractor sha ll submi t to the contract mon itor a detailed cost account in g of expend itures of the final payment rece iv ed from the State . Any State funds not expended in connect ion w it h the Project shall be remitted to th e State at that tim e . 7 . Aud it. The State or it s authorized representat iv e shall have the right to inspect . examin e , and aud it Contractor's records . books and accounts . includ ing the right to hire an independent Cert ifi ed Pub li c Accountant of the State's choos ing and at the State's expense to do so . Such discret ionary aud it m ay be ca ll ed for at any time and for any reason from the effect ive date of this Contract until fiv e ( 5 ) years after the date fin al payment for th is Project is rece iv ed by th e Contractor, provided that the aud it ,s performed at a ti me convenient to the Contractor and during regular business hours . Whether or not the State calls for a discretionary aud it as prov ided for in this paragraph , if the Pro1ect is accomp lished w ithin a sing le fi scal year of the Contractor . the Contractor shall, at the conclusion of the Project. and in add ition to any other reports required. submit a report and aud it or's statement of the Project account to the Economic Development Commiss ion in the Depanment of Local Affairs. Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted with in six (6) months after the close of the then current Contractor's fiscal year. Page 2 of 7 Pages • • I • 0 • • -• I , .. .. • . . • - 8 . Personnel. The Contractor represents that he ha s , or w ill secure at his own expense. unless otherwise stated in Exh ib it A , all oersonnel . as emoloyees of th e Contractor , necessary to pe rform :he work and services required to oe performed by the Contractor unc er this Contract. Such personn e l may not be employees of or have any contractual relauons h1p w ith e State and no suc h personnel are el1 g 1b le :or any employee benefits . unemployme nt compensauon or any other bene fits accord ed to state employees and Contractor agrees to indemnify th e state for any co sts for wh ich th e state may be fo und liable in these regards . Contractor shall pay when due all requ ir ed emp loyment t axes and income tax w1thhold 1ng . All of the services required hereunder w,11 be ;ierformed by th e Co ntractor or under his sup e rvi sion. and all personnel engaged in the work sha ll be fu lly qua lifi ed and shall be authorized under Slate and local law to perform such services . 9 . Workmen's Compensatio n Coverage . The Contractor 1s res ;;on sible for prov 1d 1ng Workmen's Compensation Coverage and Unemployment Comoensauon Coverage for all of its emplo yees to the ex tent requ ired by law. and for provid ing such coverage er themse lves . and for ;i o v1d in g such cov erage or req u iring its subcontractors to provide such covera ge for the subcontrac:or's emoloyees . In no case 1s :he Stat e respons ible for providing Workmen 's Compens auon Coverage fo r a ny emplo yees or s bc ontrac :ors of Contractor pursuant to this Agreem e nt, and Contractor agrees to 1nderr.r .fy th e State or a ny o sts for 'Nh 1cn the State may be found liable in this regard . 10. Termination of Contract for Conven ience of Either Pa rtv . Either th e S ta te o r th e Contractor may terminate this Contract at any time the party determ ines that th e purpose of th e Contract would no longer be served by completion of the Project. The party desiring to term inate th e Contract shall effect such termination by giving written notice of termination to the other party and specify ing t e effectiv e date th ereof. at least th irt y (30) days prior thereto. In that event. a ll finished or un fi n ished docum e nts and other m a te ri a ls sha ll . at the option of the State. become its property . Contrac tor shall repa y funds ad v anced and not e xpended 1n accordance with the terms of this contract. Contractor shall not be re li e ved of any ob l igati o ns to repa y fund s advanced as a loan. notwithstand ing any termination of th e contrac t for conv enience . 11 . Termination of Contract for Cause: Reoayme nt of Ad v anced Fund s a . If, through any cause , the Con tractor shall fa il lo fulfill 1n a ti mely ar.d proper manner its obligations under this Contract . or if the Contractor shall violate any of the co venants . agreements . or stipulations of this Contract, the State shall thereupon have the right to term inate this Con tr act for cau se oy giving written notice to the Contractor of such termination and specifyi ng th e effective date thereof, at least five (5) days before the effecti ve date of such terminat ion . In that event , all finished or unfi n ished documents , data , studies . surveys , drawings . maps, models, photographs, media contracts and reports or othe r materia l prepared by the Contractor under this Contract sha ll , at the option of th e State, become it s property ; and he Contractor shall be entitled to rece ive j ust and eq uitable compensation for an y satisfactory work comoleted on such documents and other materials . b . Notwithstandin g the above , the Contractor sha ll no t be relieved of liab ili ty to the State for any damages susta ined by the State by virtue oi any breach of the Co ntract b, the Contractor, and th e State may withhold any payment to the Contractor for the p urpose of se toff u ntil such time as th e exact amount of damages due to the State from the Contractor is determined . c . If funds have been ad vanced to th e Contractor, Contr ac tor shall repay suc h fund s to th e extent they are not expended in accordance with the terms of this contract at the ti me of termination . 12. Changes . The State may , from time to time, requ ire changes in th e scope of services of the Contract to be performed hereunder. However, th is Con tra ct is in tended as th e comp le te int egration of all understandings between the parties at this time, and no prior or contemporaneous add iti on , deletion , or other amendment hereto, including any increase or decrease in th e amount of monies to be pa id to the Contractor, shall have any force or effect whatsoever unless embod ied in a writte n contract amendment incorporating such changes executed and approved pursuant to the Sta te's Fiscal Rule s . Notwithstand in g thi s prov ision , changes in the time of performance may be agreed to by letter if so provided for in Exh ib it A , and contractor Page 3 of 7 Pages '' ) I • 0 J- • • -• 1 • .. • • - may make adj ustments of less than 10 percent in budget li ne items as provided for in se cti on 6 of thi s Contract. 13. Reports . At least two (2) cop ies of all reports prepared as a resu lt of the Proj ect w ill be submitted to the Economic Development Commiss ion in the Department of local Affa irs w1th1n two (2) weeks of completion of such reports . 14 . Conflict of Interest. a . No employee of the Contractor shall perform or prov ide part-tim e serv ices for compensation. monetary or otherNise. to a consu ltant or cons ultant fi rm th at ha s been retained by th e Contractor under the authority of th is Contract. b . The Contractor agrees that no person at any time exercising any fun ct ion or respons ,b 1li ty . in connection with the elements of th is pro j ect that are fi nanced with State fun ds , on behalf of the Contractor shall have or acqu ire any personal fin anc ial or econom ic interest. dire ct or ind irect . wh ich w ill be materially affected by th is Contract. except to th e extent th at he may receive compensation for his performance pursuant to thi s Contract. c . A personal financial or economic interest includes , but is not limited to : i. any business entity in wh ich th e person has a d irect or indirect monetary interest : ii. any real property in wh ich th e person has a d irect or indirect monetary intere st: iii. any source of income, loans . or gifts rece ived by or promised to th e ;,erson w ith in twelve {12) months prior to the execution date of th is Contract : iv . any business entity in which the pers.:,n is a director, officer, general or li m ited partner. trustee, employee , or holds any position of management. For purposes of this subsection , indirect investment or interest means any investment or interest owned by the spouse, parent , brother. sister, son , daughter. father-in-Jaw . mother-in-Jaw , brother-in-law , sister-in-law. son-in-law. or daughter-in-law of th e person by an agent on his/her behalf. by a general, limited, or silent partner of the person , by any business entity controlled by said person , or by a trust in wh ich he /she has substantial interest. A business entity is controlled by a person if that person , his/her agent . or a relative as defined above possesses more than fifty percent (50%) of the ownershi p interest. Sa id person has a substantia l econom ic interest in a trust when the person or an above-de fin ed relative has a present or future interest worth more than One Thousand Dollars (S1 .000 .00 ) . d . In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided w ithout frustrating the purposes of th is Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement sett ing forth the details of such conflict of interest. In cases of extreme and unaccep tab le conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 11 above . Fa ilure to file a disclosure statement requ ired by this Paragraph 14 shall constitute grounds tor termination of th is Contract for cause by the State. 15. Compliance with Appl icab le laws. At all times during the performance of thi s Contract, the Contrac:or shall strictly adhere to all applicable federal and State laws th at have been or may hereafter be establ ished . Page 4 of 7 Pages ) I • 0 • • • • .. • •• ' 16. Subcontracts. Cop ies of any and all subcontracts entered into by the Contractor to accomplish this Project wili be submitted to the Department of Local Affa irs upon execu ti on . Any and all contracts entered into by the Contractor shall comply w ith all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary . 17 . Severabi li ty . To the extent that this Contract may be executed and performance of the obl igations of the parties may be accomplished w ith in the intent of the Cont ract , the :erms of this Co r.t rac t are se verab le. and should any tenm or provision hereof be declared invali d or become inope rat ive for any reason . such invalidity or failure shall not affect the valid ity of any othe r term or prov ision ereo f The wa iv er of any breach of a tenm hereof shall not be construed as waiver of an y ot her term . 18 . Bind ing on Successors . Except as here in otn erw1se pro vided , this agreement sha ll inure to the benefit of and be binding upon the parties , or any subcontractors hereto , and th eir respective successors and assigns. 19. Assignment. Neither party. nor any subcontractors here o . ma y ass;gn it s rights or duties under this Contract without the prior written consent of the other ;:,a rty 20 . Limitation to Particular Funds . The parties here to express ly recogn ize that the Contractor is to be paid . reimbursed , or otherwise compensated wllh fu nds pro vi ded to the State for the purpose of con trac ting for the services provided for herein , and the refcre . th e Con tr actor exoress ly understands and agrees that all its rights . demands and claims to compensat ion aris ing under th is Co ntract are contingent upon rece ipt of such funds by the State . In the event tha t sue un ds or a y part th e reof are not rece ived by the State . the State may immediately terminate this Contract. 21 . Minority Business Enterprise Part ic ipat ion . It is the po li cy of th e State of Co lorado th at m inority business enterprises shall have the maximum practicab le opportunity to participate in the pe rformance of it s construction grant contracts. The Contractor agrees to use its best efforts to carry out this pol icy to the fu ll est extent practicable and consistent w ith the efficient performance of th is Contract. As used in th is Contract . the term "minority business enterprise· means a bus iness. at least 50 percent (50%) of which is owned by minority group members or , in the case of publ icly owned businesses. at least 51 percent (5 1 %) of the stock of which is owned by minority group members . For the purposes of this de fi nition . minority group memoers are Negroes or Black Americans . Spanish-speak ing Amer icans . As ian Americans . American Ind ians , American Eskimos and American Aleuts . The Contractor may re ly on wr itten representat ions by ~idders , contractors. and subcontractors regard ing their status as minor ity enterprises and need not conduct ar. independent investigation . 22 . Parties' Relationsh ip. Except with respect to its fiduciary obligations to the State set forth in Exh ibit A, the Contractor shall not be deemed an employee or agent of the State . No agent or employee of Contractor shall be or shall be deemed to be an employee or agent of the State , other than for purposes of compliance with the fiduciary obligations to the State in Exhibit A . Contractor will be sole ly and ent irely responsible for its acts and the acts of its agents. emp loyees and subcontractors during the performance of this contract. Page 5 of 7 Pages • , . . ' I • 0 • • -• • • - A SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not ::,e deemeci vahd untJI 11 shall have been aoproved by th e Controller of tn e State of Colorado or such assistant as he may Ces 1c;na te . This provision rs applu:ao le to an y con tract involving the payment of money by the State. FUND AVAILABILITY 2. Financal obl1gat1ons of ttie State of Coloraao :,ayable after the current fi scal year are ccntingent upon funds for that purpose being aooroonated . :!uCc;e1ed and othel'Wlse mace available . BOND REQUIREMENT 3. If th is contract involves the payment of more th an fifty thousand doll ars tor th e construction, erection . repair. maintenance. or improveme nt of any building. ro ad. bnd~e. viaduct. 1unnel . 11,cavat1on or other puohc work for this State . tile contractor shall. before entenng upon ui e perlormance of any such work inciuoed 1n th is contract . du ly execute and cehver :o the State official wno will sign the contract. a good and sufficient beno or other acceo1ab le surely to ce approved by said official 1n a penal sum not less than one-na 1f of the total amount payable by the terms of tt'lls contract. Such bend snail :::e du ly executeo by a ~ualified corporate surety , ccnc1 boneo uPon tn e faithful oertormance of th e contract and m addition , sha ll prov1c e that 1f the con tractor or n1s succontractors fail to duly pay for any lacer. marenals , ea m hire . sustenance . prov1s 1o ns . ;:>rovendor or other suoo l1 es u sed or con sumed oy such contractor or hi s subcontractor in performance of tne work contrac:eo to ce cone or 'all s to pa y an y ;:>e rson wno su pp lies ren ta l m a cninery . :ee ls o r ecu1c ment m Uie prosecution of the work the surety will ;::>ay the sa me ,n a n amount not exceea1ng th e su m scec1fiec 1n the bond . together witn inte res t at tne rate of e1~nt per ceot per annum . Unless sucn cone 1s executed ceh ve reo ano 'iled o d a,m in 'aver of the ccntrac tcr ari sing under Sl.Ch contract sn ail Je aud ,tea ailoweo or paid. A certifieo or casruer's c.~e cK or a oank mone y cro er :,a yaoie to tne 7reast..rer of :t,e State of Coloraco ma 1 !J e acce :Heo .n li eu o a Jone This prov1s1cn 1s in compliance w1!11 CRS 38·26·'.06 . INDEMNIFICATION 4. To tile extent authorized by law . the contractor shall 1ndemn1fy. save and hold arm less tile State , its employees anc a~en1s . as;ainst an y and all Cl aims damages. liability and court awards 1nduding costs . e_xpenses . and attorney fees incurrea as a result of any act or om1ss 1cn ~Y :he contrac~or . or ts employees . agents . subcontractors . or assignees pursuant to th e terms of tn•s contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contrac:or agrees to comply w,th th e le tter and sp mt of th e Coloraoo An tl d 1scri mmation Act of 1957 . as amendeel . and other ao;:,11caole la·.v respec~ing discrimination and unfair employment practice (CRS 24·3-l-J02). anel as rec;u ,red by Executive Order. EQu a l Qpportun ,ry ano rl-.ffirma ti ,e ..l.c:1cn dated April 16. 1975. Pursuant thereto . the followin g provisions sha ll be contained m all State contracts or sub·contrac:s Ounng the performance of this contract . th e contractor agrees as follows: (a } The contractor WIii not discriminate aga inst any employee or applicant fo r employment because of race. creeo. co lor, natio nal ong1n sex . anta1 stat .. s re1tg1on. ancestry. merital or physical handicap , or age. The contractor w,u take affirmative acton to insure that appli cants are emctoyeo . anc :nat errotoyees are treated ounng emplo yment, without regard to the above mentioned charactenstJcs . Such actton shall inctuce , bu t not oe 1im .ted to tl"le fo!lcw1rg emp loyment. upgraaing, demouon. or transfer. recruitment or recruitment advertisings: lay-offs or terminauons: rates of pay or ouier forms cf ccmpeosa uc and selecUor. for tra1n1ng , including apprenuceship. The contractor agrees to post 1n conspicuous places. available to emcloyees and ao olicants to< employneN. notices to be provided by th e contracting officer setti ng forth prov1s 1ons of this non-O ,scriminatJon dause. (b) The ccn1rac:or will . 1n all soliotauons or aovertisements for employees placed ~Y or on behalf of tile contrac:or. state mat all c;ua hfi ed aoo hcanlS .v,11 receive ccns1oerat1on fo r employment without regard to race . creed . co tor . nation al origin , sex . marital s tatus , re lig ion . ancestry, mental or on ys1cal handicap. or a~e . (c) The contractor will send to each lacer unio n or representative of workers w11h which ne has a coll ec uve ba rga ining agreeme n t o r ether contract or unoe rs tand1ng , nou ce to be pr ov1o ed by th e contracting officer , ad vising the lab or union or workers' represe ntative of th e co ntractor's cc mm,tment under th e E:(.ecut1Ve Oroe r. Eo ual Opportunity and A ffirmative Actio n , dateo Apri l 16 , 1975, and of th e rules . regula tion s . ano relevan1 Oroers of the GO'Jernor (a) Th e contractor and labor unions will furnish all informatio n and reports requireo by Ex ecutive Ord er, Equ a l O pportunity and Affirmative Action of Ap ril 16 , 1975, ano oy tne rul es. regulations and Oroers of the Governor. or pursuant thereto. and will permit access torus books, records , ano accounts by the contracting agency and th e office of th e Governor or hi s des1gnee tor purposes of investigation to asce rtain comphance w1tt'I su ch rul es , regu lati ons and oraers . (e ) A taoor organ1za uon will not exclude any individual otherwise quali fied from full membership nghts 1n such labor organization . or e•cel any sucn 1no1v1dual from membership ,n such labor organization or discriminate against any of its memoers in !he full en1oyment of wonc opportunity, because of race . creed . color, se•. nauonal origin. or ancestry. (f) A labor or~an1zation , or the employees or members !hereof will not aid. abet. inote. compel or coerce tile doing of any act defined in th is contract 10 be dis· cnmm atory or obstruct or prevent any person from complying with the prov1s1ons of this contract or any order issued tnereunder : or attempt either directly or 1nd1recly. to commit any act defined in this contract to be discnm1natory . Form c)..O.C·0 2B Rev,seo 1/93 395.53.01.1022 Page _6_ of _7_ Pages • I • 0 - • • • • .. • • .. (g) In the event cf the contractor's non-comoliance w1th u,e non-discnm1natson clauses of tn,s contract er 'Nlth any sucn rules. regulations. or orc:ers . ~is contract may be canceled. 1ermina1ec or suspenaed ,n wnole or 1n cart and th e contrac:or may be aedared 1ne!ig1ble for further State contracts 1n ac::oroance w,tn procedures. aultlonze<J ,n E.xec.;uve Creer. Ecual Oocortumty ana Affirmative A.c:1on of A.cnl 16 , 1975. or oy rules. regulations er on:!ers ;Jromulg:atec m accordance U"lerewith, ana sucn other sane.Jons as may ce 1mcosed ana remedies as may oe mvokeo as ;Jrov ,oeo 1n Exec.;t1ve Oroer. :cual Opccrtun1ry and Affirmauve AC!Jon ot Apnl 16. 1975. or by rules . regulations or orders promulgateo ,n accorcance tnerew,tn. or as otnerw,se prov,deo by law. (h) The Contrac:-.orwill indude the prov1S10ns olparagraons (a) tn rough (hl ,n every sub-a:ntract ana subcontrac:cr ?urcnase order unless exernpteo by oJl es. regulations. or orders issued pursuant to Execuuve Order. Equal Oppenun,ty and Affirmac,e ActJcn of Aonl 16 . 1975. so that sue.~ prov1SJ0ns w,11 ~e o,nc1nQ upon eadl subcontractor or venaor. The contractor w,U take sucn action will! resQeCt to any suo-a:ntrac~ng or purcnase order as the contracting agency may direct. as a means of enforong sucn prov,s,ons, induaing sanc:,ons fer non-compliance: prov,dec. however. :hat ,n the avent the contractor becomes invotvea in. or is threatened will!, litigation. with the subcontrac:or or vendor as a result of sucn cireCton by the contracting agency. the ccntrac:or may rec:uest Ille State of COiorado to enter ,nto sucn litigation to protect the interest of the State of Coloraoo. COLORADO LABOR PREFERENCE 6a . Provtsions of CRS 8-17-t01 & 102 fer preference of Colorado labor are applicaole to this contract 11 ~ubhc won<s witrun th e State are unaertaken hereuneler and are financed 1n whole or in part by State funds. b . When a ccnstnlction contract tor a public project is to be awarded to a bidder. a resident b1dcer snail be allowea a oreference against a non-res1oen1 o,ccer from a state or fof9IQl1 countty equal to Ille preference given or rec:uirec by the state or foreign countty ,n ..n,cn th e ncn-resioent ~,caer ,s a res,cent. If ,t ,s ceterm,neo by me officer '8Sl)onSJble tor awara,no the bid that compliance wim this subsection .06 may cause cert1al cl tecera1 'unos wnocn wcula otne1W1se be Jva,lao le a ·~ otnerwise be 1nconsastent With reQuirements of Federal law. ttus subsection shad oe susoencec. :,ut only to ttie extent necessary to crevent eniat of :r.e moneys or to .. imtnate the ,nconslstency with Federal rec:uirements (CRS 8-19-101 ana 102). GENERAL 7 . The laws cf tne State of Colorado and rules and regulations issued pursuant thereto snail :,e acoheo ,n :ne 1nter;,retaoon. execu11cn . ano enforcemeot of tlils con:ract. Any provision of this contract whether or not incoroorated herein by reference wn,cn ::,rov,ces fer artmrat1on :,y any extra·1ua,cial ~cay er :,erscn or wrucn as otherwise in conflict wadi said laws. rules. and regula tion s shall be considered null ana vo,a . ~trun9 ccn~meo n any cro\/1s1on 1nccrooraieC ne re,n ~ r9fei1tnce wnad'I purports to negate this or any otner speoal orov1s1on 1n •Nhoie or tn part snail oe val,a or e-ntcrceaote or ava ll ao ie 1n any ac:cn at .aw .-.,nett'er oy way of con-oainl a.tense. or otnerwise. Any provision rendered nu11 and vetd by ttle ooeraucn of tt 11s ,rcv1s1on 'NI ii not invaticate tn e remairoer cf thi s contract to tne u1an1 tllat the conuad ,s capable of execubon. 8. Al au times during the performance of this conuact. the Contractor shall stnc-Jy adhere to all aco11 e3c te 'eceral ano state laws. rul es and re,ut auon s :na, have been or may hef9after be establisned. 9 . Pursuant to CRS 24-30-202.4 (as amended). the state controller may withnold deb<s ::wed :o state agenc:es unce, • e ,,encor otfset intercec t system fer: (al unpa,a c:n,ld supponaebt or cnlia support arrearages: (b) unca10 :ia1ance of tax . accruec interest. er cine r cr.a r,es soec,fieo 1n Art1c:e :22. nte 39. CRS . (C) unoate:1 loans due to the student loan aiv1s1on of :he decartment of nu;her eoucaucn. {a ) owea amcunts recu1reo :o :le :,a,a :o :r:e unerr:loymer.t comoensation tuna: and te) otner unpaid debts awing to th e state or any a,;enc'/ tn ereof. ~ne amoun t ,:,f .vn ,c., ,s !ounc :o be c w 1ng as a res ult ot ·ma t a9enc ·1 aeiermsnaaon or reaueed to Judgement as cercfiec by the contrcller. 10. The slgnatories •-that they are familiar with CRS 18-3-301 . el sec .• (Bnbery and Corrupt Influences) ano CRS 1 e-e..101 . et. sec .. (Abu se al ?uotoc Office). and that no viotaaon of sucn provlSI0(1s ,s present. 11. The signatones aver that to their knowledge . no state employee /"las any personal or beneficial interest wnatsoever zn the serv,ce o r ;,ropert'/ descnbed herein: IN WITNESS WHEREOF. the parces hereto have executed this Contract on the day first above wnt!en Contractor: CITY OF E::-IGLEWOOD (Full L9sa1 Name ) Thomas J. Burns Position (TiUe) __ Ma __ y_o_r _____________ _ 8~-6000533 (If Corporation:) Altes! (Seal) By--------------------- Loucrishia A. Ellis, City Clerk PRE-APPROVED FORM CONTRACT REV IEWER By STATE O F COLORADO BILL OWENS. GOVER .,OR Oy--------------------- For the Execa nv e D <RE>:~CR . B o b B rooks DEPARTMENT OF ______ __,L~o~c~'~'~-~~i~~~'~'s'----------- APPROVALS ST A TE CONTROLLER Arthur Barnhart Rose Mane Auten Evan Metcalf Fam, 6_..C-02C Rev,-7/97 395.53-01-,0~0 Page J_ which is the last of _7_ Pages • ' I • 0 • ' ff -., ~. ·- • - EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • • I· 0 • 2X - • • • I· ~.~. ~ ..• • -... EDC #437 EXHIBIT A Colorado Economic Development Commission SCOPE OF SERVICES 1 . Project Description and Requirements The Project consists of providing the Contractor with matching funds for the promotion of econom ic development in the Arapahoe County Enterprise Zone area . These funds shall be used for the purposes of promotional activities that will market and advert ise the advantages of loca tin g a bus iness in the contractor's enterprise zone area, create a positive identity for the enterprise zone area , encourage retention and expansion of exist ing bus inesses . promote redevelopment , expand the region's tourism industry. attract new businesses . and generally enhance the econom ic growth of th e enterprise zone area . Such activities shall include th e preparation, producti on , and/or di stri but ion of market research, printed materials, direct mail campa igns , print med ia advert is in g, trade show promotions , special events, direct bus iness prospect vi sitat ion . and ot her closely related activ ities . No more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs . Contractor may allocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone . Contractor shall be responsible for ensuring and documenting the expenditure of the requ ired local match ing funds by Contractor or by it s subcontractors . The contribution from the Economic Development Fund under this Co ntract shall not exc eed the amount of local match ing funds expended on this proiect or SEVEN THOUSAND FIVE HUNDRED dollars !S7 5001, whichever is less . AJI project costs in excess of this amount w ill be th e respons ibil ity of the Contractor. Contractor shall match E .D .C. funds used on this project w ith at least a dollar-for- dollar cash match from local sources . Local expend itures on enterpri se zone marketin g proiects incurred prior to the effective date of this project but subsequent to July 1, 1999, may be coun ted toward the matching funds requirement, provided that such expend itures ha ve not been used to m eet other state contractual matching fund requirements . 2. Time of Performance The Project shall commence upon execution of this Contract. The Contract will exp ire on June 30, 2001, except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A reques t for extens ion by th e Contractor sha ll be submitted to the State at least 30 days prior to the exp irat ion of the Contract w ith a full justification for the extension request . EDC # 437 -Exhibit A Page 1 of 2 Pages ,. . ' • I • 0 - • • • 3. Budget REVENUE E .D .C . Funds • l• ~· _,. .... • - EXPENDITURES $7 ,500 Market Research, Publications. Advertising , Special Events. and Direct Marketing for the Arapahoe County Enterpri se Zone Program .. so Local Funds 7,500 Zone Admin istration 3 ,750 TOTAL : $15,000 TOTAL: $15,000 4 . Payment Schedule I. $6,500 II. 1,000 $7 ,500 Initial payment to be paid upon request by the contractor follow ing the execution of this contract. Final payment to be made upon satisfactory complet ion of the Project. The Contractor will submit a final financial and narrative report documenting the expenditure of all E .D .C . funds for which payment has been requested and of matching local funds . TOTAL Requests for payment will be initiated by the Contractor in accordance with the provisioris of Paragraph 6 of the main body of this contract. s. Monttortng The Department of Local Affa irs will monitor this Project on an as-needed basis . 6 . Reporting Schedule The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E .D .C . funds at the time interim payments are requested . The Contractor w ill submit a fi nal financial status report property documenting all expenditures of E.D .C . funds at the ti me the final payment is requested, in accordance with the payment schedule . EDC I 437 · Exhibit A Page 2 of 2 Pages •· ,. ', . ' . I • 0 3 J - • • .. • -.. STATE OF COLORADO EXECUTIVE CHAMBERS 1 36 s, ... (Jp,10 1 Denver. Co lorado 80203· l 792 Phone 13031 866 -24i1 September 30, 1999 Jim Kenyon, Chairman Colorado Economic Development Commission 1625 Broadway, #1700 Denver, CO 80202 RE : 1999-2000 Enterprise Zone Marketing Grants Dear Jim : In accordance with CRS 24-46-105 , I have authority to re view and appro ve recommendations by the Colorado Economic Development Commission for expenditures from the Economic Development Fund . I have re viewed the enterprise zone marketing and administration grant projects as specified on the attached list and hereby approve the expenditure ofup to a total of$300,000 from the Colorado Economic Development Fund for these projects . Governor Attachment • B1U O,...ert\ C IJ"ernor ' ' . ' . ) I • 0 2 ~ • • • • •" '.·'"" • -.. Colorado Economic Development Comm ission 1999-2000 Enterprise Zone Marketing Grants Detail of Funding Recommendations #436 Adams County Economic Development, Inc. #437 City of Englewood (Arapahoe County EZ) #438 Denver Urban Economic Development Corp . #439 East Central Council of Local Governments #440 El Paso County #441 Greeley/Weld Economic Development Action Partnership , Inc . #442 South Central Council of Governments #443 Jefferson Economic Council , Inc . #444 LarimerCounty #445 Western Colorado Business Development Corp . (Mesa County EZ) #446 Northeast Colorado Association of Local Governments #447 Associated Governments of Northwest Colorado #448 Pueblo County #449 Region 10 League for Economic Assistance & Planning #450 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ) #451 Southeast Colorado Enterprise Development, Inc . #452 Region 9 Economic Development District of Southwest Colorado #453 Enterprise Zone Trade Show Marketing (East Central COG) .. - $10 ,500 7 ,500 10 ,500 22 ,000 7 ,500 10 ,500 22 ,000 7 ,500 7 ,50 0 > 22 ,000 22 ,000 22 ,000 10 ,500 22,000 22 ,000 22 ,000 22 ,000 30 ,000 $300 ,000 I . 0 I • • • • ... • -' COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: Colorado Department of Local Affairs -Enterprise Zone August7,2000 10 a i Marketing and Administration Grant INmATEDBY: STAFF SOURCE: Community Development Department Darren Hollingsworth, Business Development Soecialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Economic Development: Initiate business retention, revitalization , and growth strategies . Community Development: Leverage City resources through grant funding. City Council has approved previous marketing and admin istrat ion grant contracts with the State Department of Local Affairs to support the Arapahoe County Enterprise Zone . RECOMMENDED ACTION: Staff recommends that City Counc il approve the attached Bill for Ordinance accepting $7 ,500 from the Colorado Department of Local Affairs (DOLA). These funds will be used for Enterprise Zone marketing and administration . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: In 1990, the City applied to the Colorado Department of Local Affairs and was granted Enterprise Zone status for a majority of the industrially and commercially zoned property in Englewood . The South Broadway corridor and CityCenter Englewood site received Enterprise Zone designation effective July 1, 1998. The Department of Local Affairs has a competitive grant program for Enterprise Zones , which provides marketing and administrative support . This is the fifth consecutive year Englewood has applied for and received this funding . The Enterprise Zone is used in Englewood as a vehicle to support business retention and community marketing activities. Marketing activities encourage businesses to take advantage of Enterprise Zone tax credits and highlight the Englewood business community . • ) I • 0 • • -• • l• " .•. .. .. • -' FINANCIAL IMPACT: The Colorado Department of Local Affairs requires that the City provide matching funds to meet grant requirements . The attached Contract between DOLA and Englewood pledges $7,500 in local matching funds to meet this obligation. These funds are included in the Community Development departmental budget. Grant and matching funds will be used for a variety of Enterprise Zone marketing and administrative activities . UST OF ATIACHMENTS: Proposed Bill for Ordinance DOLA Contract • ' • . ' . • ) I • X • • ORDINANCE NO _ SERIES OF 2000 • ... • - BY AUTHORITY ABILLPOR ... CO UNCIL BILL NO . 67 INTRODUCED BY CO UNCIL MEMBER _____ _ AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT FOR ENGLEWOOD CITYCENTER BETWEEN THE CITY OF ENGLEWOOD AND RTD. WHEREAS. the original intergovernmental agreement to cooperate in the development of the transit improvements with the Comm ercial Redevelopment Project was signed by both parties on January 6 , 1997 ; and WHEREAS . the intergovernmental agreement wa s amended on July 19 , 1999, to provide, in part, for a dditional parking s paces and fund.mg t herefore : and WHEREAS . RTD requires that the parking location have a fence to be constructed by the City between the parking area and the BNSF Railroad right-of-way : and WHEREAS. RTD will pay the cost of basic galvaruzed fencing and the City will pay for any upgrading to vinyl coated fencing ; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS: $eg.jop l. The -second Amendment To Agreement" between the City of Englewood and RTD . attached hereto a s "Exhibit A ," is hereby accepted and approved by the Englewood City Council . Sectjop 2. The Mayor is authorized to sign the "Second Amendment To Agreement" for and on behalf of the City of Englewood , Colorado . Introduced , read in full , and passed on first reading on the 7th day of August, 2000 . Published as a Bill for an Ordinance on the ll'h day of August. 2000. Thomae J . Burne, Mayor ATl'EST: Loucriabia A. Ellie. City Clerk -1- • I • • • • August 7, 2000 INrTIATED BY City Manager's Office • • - COUNCIL COMMUNICATION 10 a ii STAFF SOURCE .. Subject Second amendment to the Intergovernmental Agreement with RTD Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City entered into an intergovermental agreement with the Regional Transportation District on January 6, 1997 for participation by RTD in the redevelopment of CityCenter Englewood and for conveyance of a transit easement by RTD at the site. On July 19, 1999, a first amendment to this intergovernmental agreement was approved increasing financial participation by RTD in the project. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to approve a second amendment to the IGA for reimbursement in the amount of $8,125 to the Englewood Environmental Foundation for work performed by EEF on behalf of RTD. BACKGOUND Earlier this year, Rick Kahm, President Englewood Environmental Foundation , sought and received authorization from City Council to upgrade the fencing to be installed by ATC at CityCenter Englewood from galvanized steel chain-link to a vinyl coated chain-link fence at a cost of approximately S8.00,1inear foot. However, to facilitate the fence installation, the parties jointly determined that EEF would purchase and install the fencing and that RTD would reimburse EEF for the cost of the basic galvanized fencing at S12 .50i1inear foot for 650 feet totaling $8 ,125 . This amendment authorizes RTO to reimburse EEF for its expenditure for the basic fencing . The incremental cost of the vinyl coating, approximately $5,300, has been paid through the CityCenter project. FINANCIAL IMPACT The CityCenter project will be reimbursed $8,125 of the total fencing cost of $13,425 . UST OF ATTACHMENTS Bill for an Ordinance Proposed agreement • ) I • 0 - • • • l • .. ,,,;. • • -.. I. Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance. introduced, read in full, and passed on first reading on the 7th day of August, 2000. Loucrishia A. Ellis -2- ..: ' . . . • • I • 0 • • -. • • -.. SECOND A,\lE>JDME~T TO AGREEMENT FOR E>JGLEWOOD CITYCENTER This Second . .\mendment dated this date of __ . 2000 amends the Agreement dated January 6, 1997 between the Regional Transponation District (RID) and the City of Englewood, (the City) for participation by RID in the redevelopment of the Englewood CityCenter and for conveyance of a transit easement to RID therein. This Second Amendment to the above-referenced Agreement is to provide for the installation of vinyl fencing as an upgrade from galvanized metal chain-link fencing on the border of the Englewood CityCenter that separates the north parking lot from the adjacent property and along the boundary of the Englewood CityCenter and the Burlington Northern Sata Fe Railroad right-of-way. I . Section Two of the Agreement is amended by addition of the following: (j) Installation of vinyl coated chain-link fencing as an upgrade from galvanized metal chain-link fencing along the border of the BNSF right of way and on the north border between the north parking lot and the adjacent property all as shown on Exhibit A attached. RID will pay to the City the cost of installation of standard six foot galvanized chain link fence which will be installed by the City contractor along the BNSF right -of- way, 650 linear feet at S12.50 per foot for a total ofSSl:S .00 . Prior to performance of this work by the City contractor the contractor will provide RTD a copy oi a right-of. entry permit from the BNSF Railroad authorizing the contractor to enter the right-oi-way . The City will be solely responsible for the difference in cost between the gah anized and vinyl coated chain-link fencing along the BNSF right-oi-way . The City shall be solely responsible for installing vinyl-coated fencing along the north boundary of the Englewood CityCenter parking lot and the adjacent property shown on Exhibit A. 2. Section Three of the Agreement is amended by addition of the following: The RID will pay the City the cost of galvanized metal chain link fencing installation along the BNSF right-of-way in the area shown on Exhibtt .-\ at a cost of S8 l 25 .00 . The City will invoice RID for this amount. The City will pay the difference in cost from galvanized chain link fence and vinyl coated fence and will provide copies of actual contractor invoices showing the cost of installation. The City will be solely responsible for installation of fencing along the north parking lot between the Englewood CityCenter and the adjacent property. The City affinns that has sutlicient funds budgeted and appropriated in the year 2000 to complete and pay for all of the foregoing. Wherefore, the parties have made this Amendment effective the date first written above. • X H I • I T A . r ) I . 0 - • • • l· ...... • - REGIONAL TRA.'ISPORTATION DISTRICT By : -C-larence--W-. Marse--lla-- General Manager APPROVED AS TO LEGAL FROM FOR THE REGIONAL TRANSPORTATION DISTRICT By :-------- Marla L. Lien Associate Counsel CITY OF ENGLEWOOD By :-------- Thomas J. Bums Mayor ATTEST : Loucrishia A. Ellis, City Clerk ... .. I . 0 • • i I • • • - 0 ---· --\ '. I .. -, { . '. \ \ ... • • "1 \ I \ \ \ ,.-\ \ \ \ ·. \ ...' ' -· \ \ .\ . \ \ I ,. . . I .. ,·\\ \\ \ ... \ . , , . I I ,.. \ \ \ ' .'·\'. \\ \ \ \· \ \ I I , \ I \ . ·' ' \ \ ,. \ I ' \ \ , I 1 \ I ·, ; • I •• \. \ ·. \ . . I ', '\ ', 0 '\ . ,' '. \ I . \ ( . \ \ \ \ '\ t. .. '· \. \ I '. \ ... J- • • • ORDINANCE NO._ SERIES OF 2000 . ~ .... • .. • - BY AUTHORITY ... COUNC IL BILL NO. 48 INTRODUCED BY COUNCIL MEMB ER BRADSHAW AN ORDINANCE AMENDING TITLE 16 . CHAPTER 4, SECTIONS 12 , 13 AND 14 ; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO TATTOO AND BODY PIERCING ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE. WHEREAS, the Englewood City Council reviewed tattoo and body piercing strategies in March, 2000 and directed City staff to prepa re amendments to EMC Title 16, pertaining to tattoo and body piercing establishments prohibiting tattoo establishments in B-2 and permitting the use in the 1-1 a nd 1-2 Industrial Di stricts in the City ; and WHEREAS , currently Tattoo establishments are not listed as a Permitted Use in any zone district in the City and therefore are prohibited in all zone districts ; and WHEREAS, the cun-ent City practice allows the operation of existing tattoo and body piercing establi s hme nts within the B-2 Business Di strict which h as resulted fr om the lack of zoning code enforcement against tattoo establishments that have operated in B-2 over the pa st two decades; and WHEREAS , the passage of this proposed Ordinance will prohibit tattoo and bod y piercing establishments in the B-2 district, grant nonco nforming use status to existing licensed establishments in B-2 , list tattoo and body pie rcing establishments as permitted uses in Industrial districts as well as the addition of tattoo and body piercing related definition s consistent with Title 5, to the Englewood Zoning Ordinance; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on May 2, 2000. and after r e view recommended approva l of this Ordinance; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , CO LORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 4 , Se ction 12. Subsectio n F . of the Englewood Municipal Code, to read as follows : -I - • , . 10 bi ) I • 0 - • • • • ... • - 16-4-12: 8-2 Business District: F . Prohibited Uses: 1. Manufact uring. 2. Outdoo r storage of materials, supplies and equipment on private and public property. 3 . The outdoor display, storage or sale of household appliances, furniture, or other items commonly used in a home, whether on private or public property. 4 . Warehousing of products or item s not so ld on the premises . 5. Sales at wholesale. 6 . Sales or service activity shall not be a llowed from any temporary structure or vehicle unless a building permit application has been submitted for a permanent building or structure to replace the temporary structure. 7 . Temporary employment services as defined by and which are requir ed to be licensed under Title 5 of this Code . Tattoo and/or Body Piercing Establi shment . $ectjon 2. The City Co uncil of the City of Englewood , Colorado hereby amends Title 16, Chapter 4, Section 13 , Subsection C, of the Englewood Municipal Code, to read as follows : 16-4-13 : I-1 Light Industrial District: C . Permitted Principal Uses: No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied , except for one or more of the following u ses: -2- • ..: . ' . ) I • 0 ]- • • • • ·,. • - l. Any u e permitted in the B-2 Business Di s trict excl uding r es id entia l u se e xcept as permitted in Subsection C(2), mobile home parks. Each permitted u ·e fr om the B-2 Zone Di strict mu st a lso comply with a ll the r estncuon and requi rem ents set forth in the section establishing or allow111g the permitt ed use unless specifi cally modified by t his Section . 2. Mobil e H ome Park Development, see Develo pment Proced ure a nd Standa rds, Subsections N and O of this Section . 3 . Manufa cturing, Processing And/Or Fabrication: The manufacturing, processing a n d/o r fabrication , as enumerated and limited herein . of a ny co mm odity exce pt the following which are prohibited : Abrasives , basic manufacture . Al co holic distillation. An i mal by -products. basic manufacture a nd p r ocessin g. Asp h a lt, m a nufacture and processing. Automo bile s hredding, crushing, baling, compacting a nd simil a r ope ration s. Biological wa ste, processi ng. Bon e black , basic manufacture. Ca rbon bl ack or lamp black , basic m an ufacture . Cha r coal , basic manufacture. Chemicals . heavy or industrial , bas ic manufacture or process in g. Cinder a nd cinder bloc ks , basic ma nu fact ure or processin g. Coal o r co ke. manufacture or processing. Co ncr ete a nd co ncrete products, manufacture or fabri ca tion . Det e r ge nt s. soa ps and by -products , us ing a ni mal fat , basic ma nufa ct ure . Fe rme nted fruits and vegetable products, manufacture . Fe rtilize r s, manufacture or processing. Fungicides , manufacture . Gasses, other than nitrogen and oxygen , ma nufacture . Glass manufacture . Glue a nd s ize , manufacture . Grai n milling. Graphite , ma nufacture . Gypsu m a nd other form s of plaster ba e, manufacture . In secticid es , manufacture. In s ulations. flammable t y pes, ma nu fa cture or fabrication . Matches , manufacture . Mea t sla ughtering. Metal s hredding and s imilar operation s . Metals, e xtraction or s melting. Metals, ingots, pigs , sheets, or bars, ma nufacture . Oils and fats , animal and vegetable , manufacture . Pa ints , pigments, enamels, japans, lacq uers, putty, varmshes , whiting, a nd wood filler s, manufacture or fabrication . Paper pulp a nd cellulose , basic manu fac ture. Paraffm, man ufacture. Petr oleum a nd petrole um products, m a nufacture or proce s in g. Portla nd a nd s imilar ce me nts, manu fact ure. Ru bber , m an ufacture , or reclaiming . -3- • I • 0 • • • • I· .. ;·, • - Sawm ill or pla ning mills . Serums, t oxins , viruses, manufacture. Sugars a n d s t a rches , manufacture . T a nnery. Turpentine, manufacture . Wax a nd wa x products, manufacture. Woo d preserving by creosoting or othe r p r ess ure impregnation of wood by p reservatives. .. 4 . Sale At Wholesa le Or Storage : The s ale at wh ole s ale. the warehousing and/or st or a ge of any commodi t y except the fo llowing wluch are prohibite d : a . Live fa rm a nimals. b . Commercia l e xplos ives. c . Above gro und bulk stora ge of flamm able liquids or gasses , unless a nd o nl y to the extent that the s t orage of s uch liquids or gasses is directly co nnected with e n e r gy or h eatm g d evices on the pre mises or to service r a ilroad locomot ives. 5. Sale At Retail : The s ale at r e tail of the foll ow in g: a . H a rdwa re. b. Any comm odity manufactured, process e d , fa bricated or wa r e h ou sed on the p r e mises . c. Equi p me n t, s upplies and materials (e xce pt commercial e xplosives) design ed es pe cially for us e in agricul t ure , m ining, indus t ry , b u s m e s s. tra nsportation , building a n d othe r cons truction . 6 . Repair , Re n ta l And Servicing: The repair, r e n t al a nd servicing of a n y commodity , t he m a nufacture, proces sing, fa brica tion, wareho u s ing or sale of which co mm odity is permitted in this Di strict. 7 . Co ntract or Yard For Vehicles, Equipme n t , Materials And/Or Supplies: A co n tract or yar d fo r vehicles, e quipment, m ateria ls, and/or supplies which co mplies wi t h a ll of the following condition s: a . b . C. fs pro perly graded for drainage , surfa ce d with concrete, as pha lt, oil or a n y oth e r dust-free s urfacing and m a intained in good condition , free of weed s, dust, tras h and debris. Is provi de d with barriers of such dime nsions that occupants of a dj acen t structures are not unreasona bly dis turbed, either by day or by n ig ht, by the movement of vehicle s, machinery , equipment or s upplies. l s provided w ith entrances and exits so located as to minimize t raffi c co n gestion. -4- . ' 0 I • 0 J • • • • •-...... • -' d. ls provided with barriers of such type a nd so located that no parked ve hicles will extend beyond the yard space or into the required screening area if adjoining or adjacent to a residential district. .. e. Lighting facilities are so arranged that they neither unreaso nably disturb occ upants of adjacent residential properties nor interfere with t raffic. 8 . Greenhouse. 9. Newspaper dis tribution station. 10. Parking and/or commercial storage of operable vehicles. 11. Railroad facilities , but not including shops. 12 . School for t raining in occupational skills , enr ollment may be open to the public or lin1ited . may include dormitories for students and instructo r s . 13 . Terminal for rnu·acity or intercity vehicles for movement of persons or freight . 14 . Warehousing a nd/or storage . 15 . Recycli ng operat io ns, including, but not limited to, the processing of batteries , construction waste , food waste, glass, metals and/or alloys , papers , plasti cs a nd tires which complie s with Subsection C(l5)(a) of this Section , as listed below. Buyback centers that do not process recycled materia ls and s tore their materials within a n enclosed structure or a r oll- off container, se mi-trailer, or similarly self-contained apparatus s hall be exempt from this Subsection C(15). a . The manufacturing of all materials shall occur within an enclosed structure . The storage of materials m ay occur outside of the structure providing said storage is in a roll-off container, semi- trailer, or similarly self-contained apparatus. For operations not co nducted within an enclosed structure, see Subsection J(l)IO of this Section. 16. Pawnbroker and automobile pawnbroker . .11.. To..t.t29...an<l /or Body Piercing establishment. H .18., Any simila r lawful use which, in the opinion of the Commission, is not objectionable to nearby property by reason of odor, dust, smoke , fumes , gas, heat, glare, radiation or vibration . or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. -5- \ . ' ... ) I • 0 J • • -• -~ • I·; .. ... • -.. Section 3. The City Council of the City of Englewood , Colorado hereby amends Title 16, C hapter 4 , Section 14 , Subsection B , of the Englewood Municipal Code , to read as follows: 16-4-14: 1-2 GE ERAL INDUSTRIAL DISTRICT: B . Permitted Principal Uses . No land shall be used or occupied and no structure shall be designed , erected, altered, used or occup ied except for one or more of the following uses: l. Any use permitted in the 1-1 Industrial Zone District except mobile home parks and other residential uses which shall be prohibited. Each permitted use from the l-1 Zon e District must also comply with all the restrictions and requirements s e t forth in the sect10n establishing or allowing the permitted use unless specifically modified by this Section. 2. M a nufactunng, processing and/or fabri cation. The manufacturing, p r oce smg and/or fabrication of any co mm odity, except the basic m a nufa ct u re and processing of anim a l by-products or any organic type ferti lizer . and any metal shredding or auto shredding operation, or imila r u se . 3 . 4 . 5. 6. 7 . 8. 9 . S a le a t w ho le sale or storage . The sale a t wholesale , the warehousing and/or s t orage of any commodity. Sa le at retail. The sale at retail of the following: a. Any commodity manufactured , processed or fabricated or ware housed on the premises. b. Equipment, supplies and materials (except commercial explosives) designed for use in agriculture, mining, industry , busines s , transportation, building and other construction. Repair, rental and servicing. The repair, rental and servicing of any commodity. Commercia l incinerator. Na tural p roduction u ses. The excavation of sand, clay , gravel , or othe r n a t u r a l mineral deposits or the quarrying of any kind of rock form a ti on . except top soil ; the land shall be reclaimed for uses p erm itte d within the Zone District. Sewage disposal plant. Recycling operations, including but not limited to the processing of batteries, construction waste. food waste, glass, metals and/or alloys , papers , plastics and tires which complies with condition a , as listed below . Buy back centers that do not process recycled materials and store their materials within an enclosed structure or a roll-off -6- . ) I • 0 • • a. 10. H .12 . • ... • -.. container, semi-trailer, or similarly self-contained apparatus shall be e xempt from this Subsection 8(9): The manufacturing and storage of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the structw·e providing said storage is in a roll-off container, semi-trailer or similarly self-contained apparatus . For operations not conducted within a n e nclosed structure, see Subsection I (3) of this Section. Automobile wrecking or junk yard. Any automobile wrecking or junk yard approved under the provisions of this Title shall have a minimum area of one and one-half (I 1/2) acre s , and shall comply with the provisions of Chapter 10, Title 5 of the Englewood Municipal Code, as amended, and any other applicable codes or ordinances. Tattoo and/or Body Piercing Establishment, Any similar lawful use , which, in the opi nion of the Planning and Zoning Co mmission 1s not objectionable t o nearby property by reason of odor , du t , smoke. fumes, gas, heat, glare, radiation or vibration. or is not h a zardous to the health and property of the surrounding area through danger of fire or explosi on . Section 4. Title 16 , C hapter 8, Section l; Englewood Municipal Code, is hereby amended by insertion of the following amended definitions in alphabetical order, as follows: 16-8-1 : Definitions : Decorative Jewel r v or other Decoration ; Body Piercing : Body Piercing Establishment· Includes, but is not limited to barbells bead s, chains clasps , earrings rings spikes studs 9l'...!UW., Any method of creating an opening in the human body, including but not limited to the ear eyebrow genitals lip navel. nose or tongue. for the purpose of inserting any decorative jewelry or other decoration . Any corporation company. partnership or individual that offers or performs body piercing for any fee charge or remuneration of any kjnd. For the purposes of this Title thjs does not include establishments performing ear piercing as an incidental service to the permitted principal use. -7- , . ... ) I • 0 - • • • '•, Tattoo Establishment: • •. • • An indelible m a rk or figure fixed upon the body by insertion of pigment under the skin or by production of scars . Any corporation. co mpany. partnership or indjtjdua! that offers or performs tattooing for ~ charge or renumeration of any kind. Section 5 Safety Clauses The City Council hereby finds. determines . and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety , and welfare of the public, and that this Ordi nance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 6 Severabiljty If any clause. sentence, paragraph, or part of this Ordinance or the a pplication thereof to any person or ci r c umstances shall for any reason be adjudged by a co urt of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainde r of th1 Ordi nance or it application to other persons or circumstances. Section 7 Inconsistent OrdinancPs All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8 . Any Tattoo and/or Body Piercing establishment in existence prior to the effective date of this Ordinance shall be nonconfo rming. A nonconforming use allowed by this Section m ay remain at its location as a legal nonconforming use subject to the requirements of nonconforming uses as described in this Title. For the purpose of this Ordinance , prior existence shall be d efined a s being in operation and licensed by the City on the effective date of this Ordina nce. Section 9 Effect of repeal or modjfieation The repe al or modification of any provision of the Code of the City of Englewood by thi s Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty. forfeiture , or liability. either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosecutions for t he enforcement of the penalty, forfeiture . or liability, as well as for the purpose of s us taining a ny judgment, decree, or o rde r which can or may be rendered , entered. or mad e in s uch actions, suits. proc eedi ngs, or prosecutions. Section 10 £e.n.al.tl'.. The Penalty Provision of E .M.C. Section 1·4·1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 5th day of June , 2000 . -8- • 0 I • 0 - • • • • -.. Publis hed as a Bill fo r an Ordinance on the 9th d ay of June, 2000. A Public Hearing w as h eld on July 17 , 2000. Read by title and pa sse d on final reading on the 7th d ay of August, 2000 . Published by title a s Ordinance No._, Series of 2000, on the 11th day of August, 2000. Thom a s J . Burns. Mayor ATTEST : Loucrishia A . Ellis , City Clerk .. I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000 . Loucrishia A. Ellis -9- . ' . I • 0 3 xi • • • ORDINANCE NO ._ SERIES OF 2000 • • - BY AUTHORITY COUNCIL BILL NO. 55 Il\TRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING SUPPLEMENT NO. 148 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of a parcel totaling approximately 2.29 acres into the District: and WHEREAS, said inclusion is located in Greenwood Village north of East Orchard Avenue, south of Belleview and west of Colorado Boulevard in Greenwood Village (5611 South Colorado Boulevard); and WHEREAS, the zoning of this property in Greenwood Village 1s residential zorung and will remain a single family residence; and WHEREAS. said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District: a nd WHEREAS , the Englewood Water and Sewer Board reco mmended approval of Supplement No . 148 to the Southgate Sanitation D,,mct at the July 11 , 2000 meeting; NOW. THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD , CO LORADO , AS FOLLOWS : Section l. The Agreement between the City of En glewood and Southgate Sanitation District entitled "Supplement No . 148 , to Connector's Agreement", which includes a parcel totaling a pproximately 2.29 acres located in Greenwood Village north of East Orchard Avenue , south of Belleview and we s t of Colorado Boulevard (5611 South Colorado Boulevard), is hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached here to as "Exhibit l " and incorporated herein by reference . Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 17th day of July, 2000. -1 - • 10b ii ) I • 0 - • • • • • ... Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the ith day of August, 2000. Published by title as Ordinance No.~ Series of 2000 , on the 11th day of August, 2000. Thomas J . Bums. Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I , Loucriahia A. Elli s, Ci ty Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000. Loucrishia A. Ellis -2- ) I • 0 • • • .. ·, • -.. SUPPLEMENT NO • ...L::t..£_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT . ,,_ and -onto by and _, the CITY OF ENGLEWOOO. ac:llng by and tlWcugl, a duly-Mayor and Coty Clen<. hen!tnafter ca11ea tl'te "City," and SOUTHGATE SANITATION DISTRICT, Ataoahoe and Douglas CountlllS . Cokndo. -after -tl'te "DIMrlc:t." WITNESIETH : WHEREAS, on Ille 20lh aay ol June. 196 t . the City and the O,stnct ente<ed onto.,~ on"""=" tl'te City_.,-to treet -ong,nat,ng from the Oostnct 's ..._., -..,_ -tl'te --by ti. Oistncl. -Agr""'8nt-moll ~-byComeclor'I....._,, __ 16 , 1988. and WHEREAS . -Comeclor's ~ crnvodes thet the dlltnct may not ~otsMMCe--tl'te-a,n-,,ol theCity . NOW, THEMFORE. on -o1 the mutual ~ and ......... "'VS '*-... rom, tl'te pel'I-. ..,.. .. fOllows 1 Tt,e Coty neNl>y ~ to ti. ,nctus,on ol cen-llCIC!rt,onat ar&a -on "'-County COlaraClo -by--Ania -C-R.,..,....., -fully-on~ A__,'*-ano onooroaraiaa -by .-..nee. ,nto Sou1119M9 S.-Oollncl The Cily ..,_ t11a1 -adCllllonal ante may oe -wrth ._ _ .-ol tlle Oollnct. ano tllal tl'te C4Y,... trN1 the -<l!SCharged onto the Cly's'""* lorle"""' ---al on accoraanoe"""' the Connec10f's ~t ---111 . 1918 ~-E.whllltt A re-to ,n Paragrac,t, 1 ol the c-'I ~ --16 , 1988. 11 hereby -to include such .....,.._ 2 Eacn and ew,ry ""* i,rov,s,on of the said ConnectOf's Agrwment ---1e . 1918. --unc:t,angeO IN WITWESS WHEREOF . tl'te P811111S have set theor h.,.,. anc:, seall th11 -·"'--20_ ATTEST CITY CLERK -I.oucnshi.a A. Ellis (SEAL) CITY OF ENGLEWOOD By·---------- MAYOR _ 1"omu J. ~• SOUTHGATE SANITATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES, COLORADO i r;p1-· By i ~J;,J::1 , . - I • 0 - • • • -. ·~ • • • ... EXHIBIT A (Legal Description) The East one-half (1/2) of Trad 280, South Denver Gardens. County of Arapahoe, State of Colorado . .. . ' 0 I . 0 ..,---. • • - ' { I \jl I . I . . I I . l I I • ~-1 1 • "L 1' 5 I 1 I • 1 ' /j:' ,, -· ( ! ...... I!. ) I I · ·i II ·· I · _,:~ · • ., J I I I I j . l . ·. 't . '--' .. ,"' .. ..v . • 1 / I ~t~HA~r j "'U.:" .. · , _!_ ( -.. ~-· (. r .... I . I : ~ i§l I I I 'ii· -·-\ 1> ,: ., :-\ ·1 .. I: I \ . ,· I (/:ii; . I I i ::: i • I ' ' .. \ I l I I, ' . . -r-1·---··_·············· _____ ··::c?r=-· · I · I ,ul.i vic.,. ·' ,. i I ... -~t: I -t I .. . .. ii : I ; GREENWOOD . · I . 0 •r -• ___________________________ ,,, _____ __ ORDINANCE NO._ SERIES OF 2000 .. ~ .. • .. • • BY AUTHORITY COUNCIL BILL NO . 56 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVlNG SUPPLEMENT NO . 149 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WlTHIN THE DISTRICT BOUNDARJES. WHEREAS , Southgate Sanitation District recommends the inclusion of two lots (Lot 1 and Lot 2) totaling approximately 2.45 acres into the District; and WHEREAS , said inclusion is located in Greenwood Village north of East Orchard Avenue, south of Bellevi ew and west of Quebec in Greenwood Village (6777 East Orchard Road); and WHEREAS, the zoning of these properties in Green woo d Village is residential zoning and the properties will remain single family residences; and WHEREAS , said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; a nd WHEREAS , the Englewood Water and Sewer Boa rd recommended approval of Supplement No . 149 to the S outhgate Sanitation Di strict at the July 11 , 2000 meeting; NOW , THEREFO RE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section l. The Agreement between the City of Engle wood and Southgate Sanitation District entitled '·Supplement No. 149, t o Co nnector's Agreement", which includes two lots ( Lot I and Lot 2) totaling approxim ately 2.45 acres located in Greenwood Village north of East Orchard Avenue , south of Belleview and west of Quebec (6777 E ast Orchard Road), is hereby accepted a nd approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit l" and incorporated herei n by r efere nce . Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively , the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado. Introduced, r ead in full , a nd passed on first reading on the 17th day of July, 2000 . -1- • .. 10b iii ) I • 0 • • • • l ~-· • • Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title a nd passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No . _, Series of 2000 , on the 11 lh day of August, 2000. ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk ., I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2000 . Loucrishia A. Ellis -2- 0 I • 0 • • • • ~·-' .• .. .. . . • • ... SUPPLEMENT NO . ..i.!::t!L TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk . hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties , Colorado, hereinafter called the "District," WITNESSETH: WHEREAS, on the 20th day of June, 1961, the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District. which Agreement was most recently renewed by Connector's Agreement dated November 16 , 1988; and WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows : 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado , owned by TN Uk & Rebecca Reed Cho and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Soulhgate 5anitation District. The City agrees that said additional area may be served with the sewer facilities of the District, and that the City wiH treat the sewage discharged into the City's trunk line from said additional area. al in accordance with the Connector's Agreement dated November 16, 1988 . Accordingly, Exhibit A referred to in Paragraph 1 of the Con11edor'1 Agreement dated November 16 , 1988, is hereby amended to indude such additional area . 2. Each and every other provision of the said Connector's Agreement dated November 18, 1988 , shall remain unchanged . IN WITNESS WHEREOF, the parties have set their hands and seals this _day of __ . 20_. ATTEST: CITY CLERK -r.oucrishia A. Elli!: (SEAL) ATTEST: 11 • I ... CITY OF ENGLEWOOD By : ________ _ MAYOR -'lblnes J. a=-s SOUTHGATE SANTATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES, COLORADO By : u 5-zn :. Jr( PRESIDENT . ' • .. ) I· 0 32 - • • }-~ .. , • • -.. EXHIBIT A (Legal Description) .. PARCEL A: Lot l, Clark Colony No . l Amendment Plat, County of Arapahoe, State of Colorado, TOGETHER WITH an easement for ingress and egress over the East 50 feet of the South l/2 of Tract 123, Clark Colony No . l, County of Arapahoe, State of Colorado. PARCEL 8: Lot 2, Clark Colony No. J Amendment Plat, County of Arapahoe, State of Colorado, TOGETHER WITH an easement for ingress and egress over the East 50 feet of the South l/2 of Tract 123, Clark Colony No . l, County of Arapahoe, State of Colorado . • 0 I • 0 0 0 - • • • • ll_~'-·. \ ~-' ~• :-9 I I '\ ... , \ ' \ ---- ~ .. --~.!·· '/ ,/ T t. C°h \ .(', \ . /J I '-\ '. - G :.~~ \ IE ·~1A I~ ai-----------. -· -· 1(- 1 i ······-·· 1 ~~t:rst ,.. I -!", I ::-M ::: l i I 84 :-' ·• ---:-1 -7~'A --· I II J-- • • -• ORDINANCE NO ._ SERIES OF 2000 • • • BY AUTHORITY .. COUNCIL BILL NO. 5i INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD . COLORADO TO JAMES AND GAIL PENS FOR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET, ENGLEWOOD , COLORADO . WHEREAS . the Englewood Water and Sewer Board reviewed and recommended approval of this Quit Claim Deed at their June 6, 2000 meeting; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $ectjon J. The "Quit Claim Deed" attached hereto as "Exhibit A", for a parcel containing approximately four thousand one hundred and thirty-two (4,132) square feet along the City Ditch Right-of-Way for the residence at 4685 South Mariposa, Englewood is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal this Quit Claim Deed for and on behalf of the City of Englewood. Colorado. Introduced, read in full. and passed on first reading on the 1 ith day of July . 2000 . Published as a Bill for an Ordinance on the 21st day of July , 2000 . Read by title and passed on final reading on the ith day of August, 2000. Published by title as Ordinance No._, Series of 2000 , on the 11th day of August, 2000. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000 . Loucrishia A. Ellis -I - ,. .... 10 b iv I • 0 I ,----:------.--..,.....-----:---------.. ---- • • between • ·. • - QUIT CLA1111 DEED dayci TI-IE Cl1Y Of ENGLEWOOD. COLORADO a Home Rule '.'v1unic i pality 3400 South Elati Street Englewood . Colorado 801 I 0 . 2CXXJ . of the County of Arapahoe and State of Colorado. granto r. and JAMES and GAIL PENS whose legal address is -'l685 South Mariposa Englewood. Colorado 80 I I 0 of the County of Arapahoe and State of Colorado . grantee(sl. WITNESSETR. That the grantor. for and in consideration of the sum of Te n and no /100 -----------------------------------------------------------------------DOLLARS the receipt and sufficiency of which is hereby acknowledged. has rem1sed. released . sold . conveyed and QUIT CI.AfMED . and by these presents does remise . re!ease. sell. convey and QUIT CI.\IM unto the grantee(s J. their heirs. successors and assigns . forever . all the right. title. interest. claim and demand which the grantor h as in .ind to the real property. c.'Ccluding Improvements. if any. situate. lying and being m the County of Arapahoe and State of Colorado. described as follows: A parcel of land situated in part of the Northeast Quarter of Sec~on 9 Township 5 South. Range 68 West. 6"' Pnncipal '.'vtendian . City o f Englewood . County of Arapahoe. State o f Co lo rac!o . bemg more parucular ly d esc:-ibed a s follows: Commencing at the Center Quarter c omer of -aid S<:'c tlo n 9: thence along the Southerly line of said '.llortheast Quarter Due E.1st :i. istance o f 905. 96 fe et: thence departing said So utherly li ne Due '.llorth a istance o f 83. 76 feet to a point on the Westerly line o f t he City Ditch. said point also bemg the Po int Of Beginning; thence de;:,arting said Westerly line :--8 ' -+5 . oo· W a distance of 32. 18 feet to a point on the Easterly line of lot 13 o t' ~e Bell Isle Gardens SubdiVision as recorded in Book 7 , at Page 3. o f the Arapahoe County Clerk and Recorders Otnce: thence along said Easterly line '.II O ' 16' 22-Ea distance of 124.96 feet; thence continuing along said Easterly li ne '.II 0 8 ° 15· oo· W a distance of 100.00 feet: thence departing said Easterly line N 8 9 ° -+i' oo -Ea distance of 10.98 feet to a point o n said Westerly line: thence alo ng said Westerly line S 11 ° 04' 51 -Ea distance o f 53.31 feet: thence continuing along said Westerly line S 07° 57' 20· Ea distance of 50.60 feet: thence conunuing along said Westerly line S 00° 09' oo· Ea distance of 120.94 feet to the Po mt Of Beginning. Said parcel contains -4.132 square feet or 0.009 a cres more or less. As shown on the attached map (Attachment Al. TO RAVE AND TO HOLD the same. together with all and singular the appurtenances and prtv1leges thereunto belonging or in any wtse thereunto appertaining. and all the estate. right. title. interest and claim whatsoever. of the grantor. either in law or equity. to the only proper use. benefit and behoof of the grantee. their heirs and assigns forever . •• I,. • X H I • I T A I I • 0 I • • ---------------------c:-----------... -------• ,, ... ' .• .. • - 11'1 Wl'fflES8 WHEREOF, The grantor(s) has executed this deed on the dat.e set forth above. CrIY OF ENGLEWOOD . COLORADO Thomas J. Bums. Mayor AITEST: Loucrtshia A. EWs. City Clerk ·2- .. • l .. I • 0 • • • • '~," .. . /' .. .. ·~ • -~ Attachnent A City Ditch E:a&:nent A parcel ofland situated in JBt of the Northeast Quarter of Section 9, Township 5 South, Range 68 West, 6TH Principal Meridian, City ofEnglewood, County of Arapahoe, State of Colorado being more particulary described as fullows: Coum:ocing at the Center Quarter comer of said Section 9; tbm:e along the Southerly line of said Northeast Quarter Due East a diance of905.96 met; tbm:e dq&q said Southerly line Due Nonh a dislance of83.76 met to the a point on the Wesrcrly line of the Cily Ditcb. said point also being the p-,q-&atwaiq. tbm:edqwting said Westerly line N 81°4S'OO" Waclistance of32.18 feet to a point on the Easterly line of lot 13 of the Bell IsJe Gardens Subdivision as recorded in book 7 at paae 3 of the Arapahoe County Records; tbm:e along said Easterly line N 08°16'22" Ea clistance of 124.96 1i=et; thence continuing along said Easterly line N 01°15'00" W a distance of 100.00 k; tbm:e dcpatmg said Easterly line N 89°47'00" Ea distance of 10.98 feet to a point on said Westerly line; thence along said Westerly line S 11°04'51" Ea distance of 53.31 feet; thence comimling along said Westerly line S 07°5nO" Ea distance of50.60 feet ; thence continuing along said Westerly line S 00°09'00" Ea distance of 120.94 feet to the POUlt Of Bqi,u,ing. Said parcel contains 4,132 square feet or 0 .090 acres more or less. See attachment .. A" fur graphical depiction. .. I· 0 ]- • • .mm . ' ,. • • -' EXHIBIT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL MERIDIAJ."i, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO E£E,: ? P.4G£ J NOR™ ?ER BELL ISLE GARDENS SUBOMSION 0 25 50 100 ~--: SCALS : 1 "=50' -· UNl., IOIJTWOIL T t.M aF 'J1r 1 l 11E1J. t1L£ AREA= 4 , 132 SQUARE FEET 0.090 ACRES MORE OR LESS M --_1_ -=-= ....._ __ ....t N ss•45·00" .,J 32.18' POINrOF I "°i::1"' POINrOF ~t:SINNIN6 ~:a:": ~~r 1/<faJtma~N., G0/'11'1/!NC/:Hl!Nr c:i~I~ rou"o J 1;4• ALUM CAP 1" iW;GE aox I T5S Re8W 1/4 5915 10 1998 ?LS NO 235 15• f "COLO DEPT or TRANSPORTATION L_L__ 90S.96' ____ , _x._ 173~~ ~-DUEEAST 2639.46'~~ CO/TU !/"I carNa !!Jl:CTX)N., FOUND J 1/4" AW11 r:;# IN -IOII "COI.O Cl[l'1' aF ~ATION T5S -C 1/4 SEC 9 1197 PU 110 10734• 1 7-20--00 NO. !lo\T'E EXHIBIT A'n'ACHKENT •A• U) .. .. ,. -----·--· rr•-111111LY_M __ I._.,_,,._ . ._., __ ~-=-·-= ':tci::.=.':'.:.~ ... I YLSTRA AKER URVEYING, INC. -OF TM[ -calMT'EII ':JF sa:na,i t . 'IOIINSHP ' 9Dlffl<, -M lllST, 1111 -_ IIDIIIIWI . cnv aF --. COUN1Y OF-. STAT'[ OF -==''11_,,, __ _ ) I· 0 - • • I·~,.: ORDINANCE NO._ SERIES OF 2000 • • - BY AUTHORITY .. COUNCIL BILL NO . 58 INTRODUCED BY COUNCIL MEMBER GARRE'IT .AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO'S ACCEPTANCE OF A PERPETUAL CITY DITCH EASEMENT FOR 4,132 SQ.DARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. WHEREAS, the "Perpetual Easement" for approximately four thousand one hundred and thirty-two (4,132) square feet along the City Ditch Right-of-Way for maintenance and improvements to the City Ditch granted by James and Gail Pens: and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of this easement at their June 14, 2000 meeting : NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $ectjgn 1. The perpetual City Ditch Easement attached hereto as "Exhibit A", from James and Gail Pens is hereby accepted and approved by the Englewood City Council. $ectjgn 2. The Mayor is authorized to execute and the City Clerk to attest and seal this Quit Claim Deed for an on behalf of the City of Englewood, Colorado. Introduced , read in full , and passed on first reading on the 17th day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No ._, Series of 2000, on the 11th day of August, 2000 . Thomas J . Burns. Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -1- •· .. ' ~ .. 10 bv I • 0 J- • • • • .. • • ' I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000 . Loucrishia A. Ellis -2- . ' A I • C, I • • • " .. • -' GR..\.\a"T OF CITY DITCH EASE:VIE:,./T THIS GRA.\IT of City Ditch ?:asement (this ··Gn.ntl is :nade this_ day of ____ - 2000. by James and Gail ?e:is ("Granter") whose address 1s 4685 South :Manposa. Englewood. Colorado 80110. in favor of:he C!TY OF E~Gi.!WOOD t"Gr3ntee .. ) whose addrna is 3400 S . Elati St=eet. EmJlewood. Colorado 301~0 . The parties covenant a.nd agree as follows : l. Easement Proper.;. The "Easement Property" shall :nean the rea l property loC3ted in the County of Anpahoe. State oi Colorado , more particulariy des=bed n Attach.ment A. conststing oi 2 pages. ar:-.ached b.ereto and :..-ic or;iorated herem ':iy reference. 2. Consideration. A.s consideration. Gn.ntee :ias gi·:en Gr:11:t or :en do th.rs S l0.00) and other ;iood a:::ci ·,aluab ie consideration. the rece qi: oi wbc:: :s ::ereb y acknowledge-i oy G!'ar.tor. 3 . Grant oi City Ditc!': :Sase::ie:u. G:::intor he!'eb:: r.::ir::s :o G::1 ::tee. ~ts .;uc::essors :ind asa1g::..s . a per,:et:ul ~ase:nent •tlle "City D1tc:: ::a.e=er.tJ o,·e r . u r.cier . ac:-oss :ir.ci through :he ::ase:::ier.: ?rope:-ty ior the purpose oi c:instruc~ng, oper:mr.g. maint:1=1. repair.r.g, replac:ng. removmg, :mprov:ng and ~rjarg-:.g :he Cir:: D1tc:i. The City Ditc:i. sh:ill :nean ,l:e City Ditc:: and :ill necessary =derg:-our.d and ;ur.·ace appur.er.ances thereto necessary vr desirable for the tr:inslllJ.Ssion vi wate:- includi.-ig, but not :i:nited t o. :nams. condwts. vau.!ts and vent'.lators . 4 . Access. Gr:11:.tee sl:.a ll have the perpetual. nonexcl:isive nght :Ji ing:-ess and <!g:-ess in. to. over. throi.:g:: :ind ac:-:iss the Ease:nent ?rcpe ,·t y for ar.y pur,,.:se necessar:: or desi.r3ble for :he fall ,mjoyment of :he righcs ~ar.tad to Gr:mtee under :his Gra:::. 5 . Restoracon. Gra:::ae ag:-ees that after the constr·..1c::on . ma1..-iter.ance . repair. replacement or <!r.laqe:::ier.t. ii :iny , for the City D1tc::. Grantee ;hall restore :he surface oi the Ease cent ?roper.y as nearly as possible to the gr:ide and condicons ensting uncediate ly ;:mor to said ccnstruc:ion. :naimenance . repal.?. replace:::ie:::t or eclartement. except a s may be necessar-1 to accoa:.m odate :he Cit; Ditch. Gnntee further agrees to ~place any topsoil removed :rom :ir.y cult:vated or ag:-:cultu.r:il areas on :he Ease:::ient Proper.y ar.d to remove ar.y excess ~ar.h :-esultmg :rem said con.str.ic:1on. mau::a:-.ance . repall', replacement or ~rJargement. at Gr3ntee·s sole cost and er,,ense . e X .. I • I T I • 0 • • • • tr--.' .. • • .. 6 . No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined. on the Easement Property without obtaining the prior written consent of Grantee. "Improvements'' shall mean any structure, building, planting, trees. shrubbery, or garden other than a grass type lawn. Grantee shall have the right to remove, without any liability to grantor. any improvements constructed. erected. placed or planted on the Easement Property without Grantor's having obtained the prior written consent of Grantee. If such prior written consent is not obtained. Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during construction. maintaining, repair . replacement or enlargement. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full . complete and undisturbed enjoyment of the rights granted to Grantee under t his Grant. 8 . Rights of Grantor. Grantor reserves the full right to t he undisturbed ownership. use. and occupancy of t he Easement Property insofar as said ownership. use . and occupancy is consiste nt w1th and does not 1mpau the rights granted to Grantee m this Grant. 9 . Abandonment. In t he event that Grantee shall abandon the rights granted to it under this Grant, all rights , title and mterest hereunder of Grantee shall cease a nd terminate. and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned. provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all lines and appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10 . Warranty of Title. Grantor warrants and represents that Grantor is the owner of the Easement Property and that Grantor has full nght. title and authority, to grant and convey to Grantee the Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harm.less from :rnd against any adverse claim to the title to the Easement Property by a ll and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be binding upon the heirs , personal representatives, successors and assigns of t he re s pective parties hereto . The terms. covenants, agreements and conditions in tlus Gra nt shall be construed as covenants running with the land . 0 I • 0 • • ,. • -.. IN WITNESS WHEREOF, the parties hereto has executed t his Grant of City Ditch Easement the day and year first above written. GRAI'1TOR : STATE OF COLORADO ) ) 88. COUNTY OF ARAPAHOE ) Acknowledged before me this~ day of ZW -'t'. 2000, by James Pena as Owner. Notary P My Commission expires: Z («< / o ~ GRANTOR: G~il Pens STATE OF COLORADO ) ) 88 . COUNTY OF ARAPAHOE ) Acknowledpd before me this 7.,.., day of ,T1-•1... '( Gail Pena aa Owner. Notary Pub My Commission expires: ATTEST: GRANTEE : 2000 , by THE CITY OF ENGLEWOOD IDucrishia A. Ellis City Cl.erk 'lb::rnas J. Burns Title : Mayor •· ' I 0 I . 0 - • • • • ... .. • -' Attachrrent A City Ditch F.c.serrent. A partcl of land situar.cd in part of the Northeast Quarter of Section 9, Township 5 South, Range 68 West, 6™ Principal Meridian, City of Englewood, County of Arapahoe, Stare of Colorado being more paniculary described as follows: Cornmeuc:ing at the Center Quarter corner of said Section 9; thence along the Southerly line of said Nonbeat Q1atcr Due East a dislaacc of905.96 feet; thence departing said Southerly line Due North a dislance of83.76 met to the a poim on the Westerly line of the City Ditch, said point also being the Poilll Of ... • ui a; dm:e departing said Westerly line N 88 ° 45'00" W a distance of 32.18 feet to a point on the Easterly line of lot 13 of the Bell Isle Gardens Subdivision as recorded in book 7 at page 3 of tbl: Anlplboc County Records; thence along said Easterly line N 08 ° 16'22" E a distance of 124.96 &et; tbmcc continuing along said Easterly line N 08°15'00" W a distance of 100.00 ict; dm:e depaq said Easterly line N 89°47'00" Ea distaDcc of 10.98 feet to a point on said Westerly line; tbmcc along said Westerly line S 11 °04'51" E a distance of 53.31 feet: thence couiming along said Westerly line S 07°57'20" E a distance of 50.60 feet; thence continuing along said Westerly line S 00°09'00" Ea distance of 120 .94 feet to the Point Of &ginning. Said parcel contains 4,132 square feet or 0.090 acres more or less. See attachment .. A,. fi>r graphical depiction. ~· \ ' ' . ' .. I . 0 X • • 0 • •.. .. • • EXHIBIT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO N 25 50 N 89°47"00" 1l 10.98' _::r,=r ,,. __ ilu: .~ ?AG£ J ,oo ----- ATTACHMENT "A" ----AREA= 4, 132 SQUARE FEET 0 .090 ACRES MORE OR LESS SCALE; 1 "=-50' (MIULTI.MrlF -T LM rJF UII' 1J 111£. ISL 1IC --_l_ _ =-= ...... -~-l N 88"'5'00" r) 32.18' POl~O,- I .... i:,io :::.Q: ": /!/l'!!JT//"I~~~ C()/1/1~/1/!Nr Cli 1:J FOUND J 1/4° Al.UM r.N' IN -IIOX f "COLO DEPT Of' TIIMdPORTATION I m -1/• 591510 u1H PlS NO 2351s· L_ L___ 906.96' _L 173~ ~ ~-DU/lllAST ----2639.46'~~ CDlra //"I COltND( !Jt;'C,TC)N ~ F01N1 ~4• 111.1M CII' IN -1011 1 7--00 ACIIDGE Ul =-°-C <f,~="PUI NO 10736° .....-----------+-''C.;:;;.&,...;;Qjl;.ar[.a;.....,...__E_XH......;~-~-1-T---"'-" .. .;......i .IIIID IYLSTRA ·TTAC~ .A. 1. -----·--· A .....,_,,, ,,._ ... _.____ AKER -r,n<[--rJl'ETIDNI. J. -·---T-·11C--59CIUTM.-•IIIISI' ... ~ ~-=-'-=='1•1:1':f.:..~,,. URVEYING, INC. ~~r,~ --·•-J•IIC--- .. •· 0 • • ORDINANCE NO._ SERIES OF 2000 • .. • - BY AUTHORITY .. COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO ENTITLED "AJv!ENDMENT TO WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT-CITY OF CHERRY HILLS VILL.\GE" WITH RESPECT TO THE MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER COLLECTION SYSTEM . WHEREAS, Ordinance No. 16, Series of 1995 was passed by the Englewood City Council authorizing an IGA with Cherry Hills Village with respect to the maintenance of an area in the Cherry Hills Village Wastewater collection system; and WHEREAS, an amendment to the Wastewater Collection System Maintenance Agreement has been requested by Cherry Hills ; and WHEREAS, Cherry Hills Village is in the process of combining small sewer systems operated by individual special districts into sewage collection system which is owned by Cherry Hills Village; and WHEREAS. as each district is dissolved . Cherry Hills Village's connector agreement with Englewood must be amended; and WHEREAS. Cherry Hills Village is requesting to contract with Englewood for the same level of serV1ce that 1s currently being provided to Cherry Ridge sewer collection system acquired by Ch erry Hills Village in 1995; and WHEREAS . the passage of the proposed amendment will allow the City of Englewood to extend sewer maintenance and repair services within the boundaries of Cherry Hills Village; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the "Amendment To Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village·· at their June 6 , 2000 meeting; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1 The intergovernmental agreement "Amendment To Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village" between the City of Cherry Hills Village and the City of Englewood attached hereto as "Exhibit A", is hereby accepted and approved by the Englewood City Council. -I - • . . 10 bvi I • 0 o- • • • • ,. ,. ~~· ... .. ... • ... • - .. Sectjpn 2. The Mayor is authorized to execute and t he City Clerk to attest and seal thee "Amendment To Wastewater Collection System Ma intenance Agreement -City of Cherry Hills Village" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 17'~ day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No . ~ Series of 2000 , on the 11 '~ day of August, 2000. ATTEST: Thomas J. Burns, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- ) I • 0 • • -. • •·, • - AMENDMENT TOW ASTEW ATER COLLECTION SYSTEM MAINTENANCE AGREEME~T -CITY OF CHERRY HILLS VILLAGE This Amendment to Wastewater Collection System \'laintenance Agreement -City of Cherry Hills Village, is made and entered into this 30TH day of MAY 2000, by and between the City of Englewood, a Colorado municipal corporation (hereinafter referred to as ·'Englewood"), acting by and through its duly elected. qualified and authorized Mayor and City Clerk, and the City of Cherry Hills Village, a Colorado municipal corporation (hereinafter called ·'Cherry Hills "), acting by and through its duly elected, qualified and authorized Mayor and City Clerk . RECITALS WHEREAS , on October 2, 1995 , Englewood entered into a Wastewater Collection System Maintenance Agreement ("Agreement'") with Cherry Hills ; and WHEREAS, pursuant to the Agreement. Cherry Hills granted to Englewood a license , but not ownership of certain sanitary sewer collection facilities consisting of approximately 56 accounts and 8,343 linear feet of sanitary sewer line (hereinafter the "Wastewater Collection System'') formerly operated by the Cherryridge Water and Sanitation District; and WHEREAS, pursuant to the AgreemenL Englewood annually inspects , flushes and cleans the Wastewater Collection System and responds to all emergenc y calls. takes appropriate corrective action, and when necessary , locates all sewer lines and answers inquiries concerning the Wastewater Collection System: and WHEREAS, as part of an ongoing program to consolidate a fragmented sanitary sewer service within Cherry Hills , Cherry Hills is in the process of acquiring from time to time , ownership of individual sewer collection systems previousl y owned and operated by special districts located entirely within Cherry Hills ; and WHEREAS , as each such special district is dissolved, its sanitary sewer system is transferred to , and becomes a pan of, the Wastewater Collection Sys tem owned by Cherry Hills which transports the sewage collected therein to Englewood for treaonent: and WHEREAS , Cherry Hills desires to obtain. and Englewood is willing to provide. routine and non-routine maintenance and repair services with regard to the Wastewater Collection System, as the same may be so expanded from time to time; and -,_.,. f.ltll~\,~ • rv,~ .... -,1 \,...,,...... , .. , .~ ... cw •,~ ~vllGi:I•"' ... .- E X ... I • I T A ) ' • I I . 0 - • • • • • - WHEREAS , the parties desire to amend the Agreement to provide that with the prior approval of the Director of Utilities for Englewood. Englewood will provide routine and non-routine maintenance and repair services with regard to the Cherry Hills Wastewater Collection System as the same is expanded from time to time . NOW, THEREFORE. in consideration of the promises and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is mutually agreed by the panies hereto as follows : l. The Agreement is hereby amended to include the following additional paragraph no. 18: 18. Coverage for Additions to Waste\vater Collection Svstem. The Wastewater Collection System which is the subj ect of this Agreement . ma y be enlarged. expanded and extended (''enlarged") from time to time by Cherry Hills , with the written consent of the Director of Utilities for Englewood . To so enlarge the Wastewater Collection System. Cherry Hills shall provide the Director of Utilities a written notice of intent to enlarge the Wastewater Collection System that describes. in as much detail as Englewood requires, the nature and extent of the additional sanitary sewer collection system and facilities Cherry Hills wishes to bring within the terms and conditions of this Agreement. Englewood shall have 60 days. or such longer period of time as it may require, to respond to said request. If Englewood is willing to provide routine and non-routine maintenance services and repairs for the Wastewater Collection System as so enlarged. Englewood will so indicate in writing and will state to Cherry Hills the terms and conditions. if any , that must be satisfied before this Agreement will apply to the enlarged Wastewater Collection System. At such time as tht: conditions have been fully satisfied. in Englewood's sole discretion , Englewood will issue a notice of acceptance and the additional sanitary sewer system and facilities described in the request shall automatically become pan of the Wastewater Collection System of Cherry Hills and shall be subject to all of the terms and provisions of this . .\greement without any further action by either Cherry Hills or Englewood. 2. Except as so modified, the Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village. shall remain in full force and effect. In the event of a conflict between the provisions of this . .\mendment, and the provisions of the Wastewater Collection System Maintenance Agreement. this Amendment shall control. 1 • ) I· 0 - • • .. ......... • - IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. AITEST: By:---------------.,-- Loucrisbia A. Ellis, City Clerk AITEST: By: a,,I,, :zv ~ Darlene French. City Clerk 3 CITY OF ENGLEWOOD, COLORADO , By: __________ _ Thomas J . Bums, Mayor CITY OF CHERRY HILLS VILLAGE <, • -~ ---I By: A,. ~ 'l- John F. Welborn, Mayor • • I I· 0 32X ;1 e r • • ,,.-----~---------;-------------------~----- ORDINANCE NO ._ SERIES OF 2000 • . . • - BY AUTHORITY CO NCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE ACKNOWLEDGING AN "EASEMENT AGREEMENT" BETWEEN CHERRY HILLS COUNTRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SANITATION DISTRICT . WHEREAS, the existing sanitary sewer system across the Cherry Hills Country Club Golf Course currently belongs to Cherrymoor S outh ; a nd WHEREAS, at the tim e the system was built, an ea sement containing this system was supposed to have bee n recorded to Cherrymoor South but was not; and WHEREAS, passage of this proposed Ordinance will a cknowledge the easement which would enable Cherry Hills Village and their contractor (Englewood) access for repairs and maintenance to the sewer line which is a main interceptor sewer with various connections coming from other areas of Cherry Hills Village on the north and south sides of the Cherry Hills Country Club.; and WHEREAS, except for e mergency maintenance, all marntenance work on the district's sewer lines shall be performed during Nove mber of each year; and WHEREAS , if the work cannot be performed during November, two months out of the ensuing months of Dec ember through February shall be designated : and WHEREAS, the Englewood Water and Sewer Board recommended approval ofthis easement at their June 6 . 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The "Ease ment Agreement" between the Cherry Hills Country Club and the Cherrymoor South Wa ter and Sanitation District is h e reby acknowledged and the City Attorney is authorized to approve as to form. A copy of said Agreement is attached hereto as "Exhibit l " and incorporated herein by r eference . Introduced, read in full , and passed on first reading on the 17th day of July, 2000 . -I - 10bvii ) I • 0 2 - • • • ------.,......-------------------··-------• • • .. Published as a Bill for an Ordinance on the 21" day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No . ~ Series of 2000, on the 11 lh day of August, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2000 . Loucrishia A. Ellis -2- .. I·. I • 0 _X • • -• • ... • - TIIIS EASEMENT AGREEMENT is made 1his __!'itl'".Jay or YY\o <J__, 201)0 hc1wcen C herry l lill s C m1n1ry Club, a C'o lo ra ,lo non-p rofi l coq >0ra1ion (hcre i1f.,r1e r c ,olkd 1hc "Gran1111 "), mid 1he C herry nwor Soulh Waler and Sa n itation n,s1ric 1, a quas,- onuni c ipal corpora1ion or 1he S 1a1e nr C,,lorado w hose k ~a l ,1d,lrcss is c/o Mason Ru sdl Wcsl, 1.1 .C', 739 Wcsl Li t1kh>n l]o ukvar,1 , Lillkhlll , ('nlorado 80 120-~337, (hcrc1u,11ic1 c albl "()i,1ric1"). WITNESSETII: For an,1 in considcralion or 1h c s um or TEN a111 l NO ONE 11 \JN DlU:C ()T ll S ()01 L ,\R S ('~10 .110) and 01hcr good aoul valuahlc coo1sidcrali,)n 10 1hc Grnntor in hund- pai d hy the l)is1rict , Ilic re ceipt uf which is h!.!rch y ad,nuwkdgcd , Grn t1lllf lloes hcn.:hy gr:111 1 and convey 11111 0 1hc Di~1ri ct, its sm.:ccssnrs and assigns, a pcrmanl.!nl m111 -cx c h1 s1vc i:ascmcnl to enter, n:-c ntcr , occup y and use 1111.: re al prtlpcrty dcsc nhcd Uduw to constrm:t, access , repair, replac e , n.:m ove, operate and 111ai11ta111 t)nc o r m o re sa1111ar y sewer pipdincs, manhul+..:s ;utd suhsurfaci..: appurtenances th c n.:10, uf s,11.:h si,c a nd cap,u.:11 y as th \! Distric t determines 1h.:t:essury , in, thrlmgh , over arn l a...:ross the: fulll)wing dcs...:1 iht.:d real properly si 111a1cd in 1h e C'o nnl y o r Arapah,)c, S lalc or C'o lormlo , \hcocinaikr ·'Properly") 10 wi1 : C'hc ,w I !ills C',,11111ry C'luh Four (4 ) parc els or l,111,l i,lc111ilicd here in as Parcel No . I , Pare d No. ~. l',lrt.:d No . 3, a1hl 1•an:d No . 4 1 v.hu.:h :11 ...: nh1rc part ic til:irl y desc1ibcd o n "l:xtiibit A''. (consi s t ing ot' 1hn:c page~) \1.1111.'.'h 1s allai...h..:d herl!h) and in cuql0n1tc,l lu.:rci 11 h y tl11 s rdi:1cm.:c . Pared Nos . I , 2, ) , and 4 ,in; dcpi...:tcd on a dr.1wi11 g wh ic h is auac hcll hereto as ··Exhib11 B ". TO IIA VE ANO TO 11 0 1.1) said casemcnl u111 ,1 1he l)i s1 ri c 1, i1 s su ccessors a nd as si gns, fo re ver. As part of the g ranl he1c m i;o 111 .11nc d , 1he p :111ics h..:rclO mulu i11l y agrcc and ~t.we n:.mt as follows : I . T he Oi s1ri c 1, i1s lic e nsee s, e mployees, age111s anti con1rn.:1 ors, shall have a nd cxcn.:i::t c th e ri~l1t of ingr..!ss amt cgrcss, in , w , 1h rnu ~h . over and itt..:ross ~111 o f Urn nt o r 's g ulf l.:tl111 S\.! pri1pc11 y, including hul 1h•l limite d h\ tli e aht 1\c .,h;.::,...:ri hc d Properl y f,lr a ny purpos..: n..:a son.1hl y necessary !Ur th e liill c n1,lY lll l'.llt 1lf an nthl'.r nglit uf ucc upnncy or use p1 uv 1d cd fur lh.:n.:111 : p1ov itl cd , lin wc,cr, 1ha1 th e 11h 1veme 1tt uf men , cqu1pm c 11l , 111a Ll 1111 c ry, an d vd11dcs s h all he umkr 1hc d11e c lhH1 u f(ira111t11 's grnunds !,t1p L:n11h.:11dcn1 , ,,h,1 ~h.111 nn1h.: t1af1k and des ignate ~turagc arc;1!) l~~r 111 a 1t..:n a ls a1hl equipme nt d111111 g c 1Hbtn1 c11 u n and m ,unh.:nam::c activ itie s whc11 11cl.'.cssar y. I he C1H1::ttr11ell,rn, s tnr,,gi..: und m ovemenl o f vd11dcs , truck s, nnd m,u.:hin..:r y shall he condu...:ti.:d al all timc;s h y th ..: Disui ..:t in a m.111ncr su as to i11 ~11r...: th e h!a s t lh •S!)i l1h..: 111t e 1fcn:1h.:e with pla y o n the go l f c,mrsc . '2 . Ex cept fo r emergency maintenanc e , all l\..)lllint: allll non ·1out inc main1c11111 Kc w ork lll\ the f)istric t 's s...:w cr line s illhl h .:lat ..:i.l fa l'.1litics 1 ::,h all he performed du1111g Ncwem hc r ,)f each year~ pro vidt..:d , l1l)WCVc1 , tli.11 1f ::,w.:11 ,, rn k e a1111ul he pe1 l'u nni:d ll11 ri 11 g No\'cmher fur .111 y rt..:as,m , Cra nh lr s ha ll d~!)1g11.i1e 1w,, 111111llh s lUtl uf th ..: l.!1b,1111 g m onths nf lkl.'.cm hc r 1luou g h February i11dus1vc , dunn g wind, ::.1t l.'.h main 1c nan cc \\1nd, m ay h e pc1 f1.J nHc,l hy l)is trid or its i11lh.:pi.:rnknt co11 1ra c1ur Nu lah!t 1h an O...:tohcr I 0' 11 nf e;1d1 yc,1r , Di s 11i \.'.t :,hall no1 ify (i1antHr uf 1ht..: m:11111 em1n t:c wn 1k n,s111i..:1 pl.uh li 1r th e ensuing 111011111 nf Novemher or that du\! tt, sd1ed11li11 g. t)f nlhi.!I' p1 nhlems, pla1111 l!d ·-··--·· ... •~,1---· .... M ....... ~ .. -... t. X h i b i t ) I • 0 • • • • ... • • maintenance wo,~ cannot he pe1fo1111cd during said 1110111h of November. lfGrantor has any objc1.:l1tH1 lo 1hc 111.rn1tc11:111cc wo,t.. planncll during Nuvcmher (or in the cvcnl Distn~t ha!ai 11otiiicd G n1111or 1ha1 m.11ntcn~111.:c wo1k CHlllHH lie pcrf,)rmc,I dming Nuvcmbcr), Grantur shjll immediately dc:!t1g11Jle two of the months mcntionc:.d earlic.!r m ll11s paragraph during whith the D1su 1~1 . may, al its option, perform the pla1111cd maintcnanrc wurk. For purposes of this Easement Ag1ccmcn1, ro111inc main1cna11ce work is defined :.1 s rcgula1 ly sd1cdul..:,J ma1111~11a11&.:c suc h as nu~hing , dca11111g and inspection of sewer l111c:,, a11d 1cl;.11cd f:.u.:ililh.:s . Non -rou1111c nu1111IL·nu11 cc wnik is defined as any mai11h:m11h.:c 1 01hcr lhan cmcrgc1h.:y 111ainkn.11h.:c tlwt 1s 1U )I rcg11la1 ly sd1cduk·d s1h.:h as puint repairs or replacements lluc 10 oh lllcscc nr ddc11or.11io11 ,lf si.:wcr pipe and rdah.:d fo c d111c s. Emcrgcm.:y mainh:nance is defined as any mainlcnancc wlrn..:h 1hc DislrtL:I dl'lcrn1111cs cannot he tl...:fcrrc.1..I m,tl mus1 be d,u1c 1mmc..lia1cly . 3 . Gra111or agrees 10 notify the Dis11i c 1, in w1i1i11g, al least thrc:e (J ) years in advance or any ltHIJtlf goli' 1011111 ;um:111 10 he hcl1I al the C luh . Ex c l!pl 111 1h c c ase of c11u.:rgc11c y s1111,U11..)1b, lhl.! Di s 111 ~1 J g ri.:e s not 10 pc1 fo1111 a11 y mainh.:nancc, routi11i.: 1)f lhlll - routmc, 0111lie !:tC\\.CI lmc:s lu~.1h.:d ,m tlic l)rn pc1t y \\1111111 I~ 1110111hs pn.:ccding any 111ajor golf hl11rna111cn1 1t 1 he hdd ,II the C luh , 11r,w1dcd that G i:1111or has given the Dis11 ict a,lvancc n,H1 c c as Sd l(u 111 1n 1l11 s pa1.1g1 .1pl1 J , arnl j>fl)\ hlc,I li111h..:r 1l1a1 1hc 01stril'.t :,hall have accc ~s 10 the !,\!\\Cl lmc!lo 1~11 ma1111 c n.rnc c , 10 11111h.: or 11tu 1-rnutirn:, al least i.:vcry 18 11Hlnlli s , 1f11t)l1 cc 1:, g 1,c 11 hy Ci 1.m101 urnk1 1h i.: 1..:rm uf tlii:, P.1ragraph . In the event tha1 ( irn111or hn!ll b an y ni.1J01 0 1 1111nu1 gulf 1u11n u.1111c111 \\ 1111 1cspc -:1 tu \\ l11d1 it is um1hlc lu nut1t 'y the t)1!1ol11 c 1 ~II lca:,t tlu cc )C,11 :, 111 .u hu111.:c , ,1 .1111rn ~Ii.ill gi ve lhc Ois1ric1 w111tc11 lh11h.:c thereo f as soon as pra c l1 L:.1hl c .rnd 1hc 1)1:,111 c1 ,1 g 1i.:e !lo tu ulili,c 11s lh.::,t effu11s Ill a Yu id an y 111 a i11h.:11anc c . routine u1 nnn -1tH1t111c , JH hH 1t1 a11d d111111g said tfllfft1:l111en1 wh1d1 could advc,sdy affoc t lhi.: playing cn11d1thHIS l1r th..: sall.!t y nf potcnllal spccta1ors and players ,tunng said 1ournam1.:nt. -4 . The District, with Grantor's s11p.:rvi,io11, s hall have thc right to 1rn11l each 111a11lwlc on Ilic surface, wi1h a tOrm of pcnnam.:111 idcnlili...:alhJll 1lw1 i!io ;1ppropnah:: t(,r 111d1\'idual idc111ificatiun of the 111;.mlH)ks and \\ hid, is upproved in advance hy 1he !,ra111or, which approval shall not be 1111rcaso11ahly withheld. 5. EKccpt in the c ase of emergency mainti.:m111cc , Ciranh>r shall have the o pt1t111 of using its own ground mainlcn;.mce crews to remove and rcplaci.: all Si..M.I and landscaping that must be removed lo c:nahle the Dis1rk1 to pc, fonn routiuc and non-roullnc 111aiu1cna11c.:, provided, Graulor has lirsl delivered lo the l)is11ic1 lur its approval : (a ) a w111kn si.:ope of w1.J1k 1ha1 identities, hl Ilic Di!iolrict's sa11sfaL:1i,1n , th..: mah.:rwls to he usi:d ; and (h) an i1c111iLcd cost estimate for thc wu,k a11d materials. In th..: event the Disll ict doc s 1101 approve of the sc upc of wo1 k and/or the cost e s 1i111a1c, the pa11ics ,hall i11u11cdia1dy conlcr li11 the purpnsc or resolving the dispute. In 1hc e vent Ilic dispute is 1101 rcsolvi.:d , the mallcr :,l1all he s11h111it1cd as soon as poss1Ulc lo ~111 indt.:fk.!ndcnl ..:ngineer whose dcdsi,m as 10 Ilic sc1,pc of 1hc wui "-and whc1h1..:r the cs1imatcd cos1s thereof arc rcaso11ahlc 1 !iohall hi.: fi11al. If 1hi.: pa11ics ...:annot agree 011 an i11dcpc11,lc11t c11gi11...:c1 In wlh1111 h, suhmi1 their d1:,p111c , e ach pa1 ly s hall de~1g11a1c ,111 eng1111..·cr. 'l'lic lwo engineers shall d1unsc lhc 11ulcpcntlc11t c11g111ccr \\1111, sliall lica1 Ille pa11ies' dispulc and !:tl1all enter ;1 dccision as soon as poss1hh!. TIie decision of lhc cuginccr shall be linai, nut appcalahlc hy cilhcr sidc c,ccpl 1,,r fraud and gross ahusc uf d1sac11un . The cost uf this simplilicd :ul,itrnliun procedure shall be ,ha,cd equall y hy Gra111or ai11l 1hc Dis11 iet. 6 . The District shall provide Grnnto,· with a laynul representing lo the l)i~11 u.:t 's hcs1 kuowlc,tgc, inlurma1io11 und belief, 1l1c hli..:at1,)11 uf 1l1c 01!1otric1 's sewer lines, manlh)lcs und rduced facilities sd1cdukd tu n.:ccivc n >tllinc urnl/or 11u11-rou1111c 'I I • 0 • • -• • ... • - nmi11h:nancc . Said layout shall he providi..:d each yci..ir com;urrcnt ,,tith the lldi vc ry of 1hc IHllicc tks~11hcd in paragraph 2. uhovc, h) permit Gra ntor suflicil.'.nt time to prepare the wnllcn SC t.>pc of ,,,01'-. ;.ind cost estimate !Ur the D1~t1ict's i.lpp1oval and .dsu h1 llffi.,ul Gnu11or suflidcnl 1iml" to perform such sod and landsca pe removal as is 1h:Ct::,Sary . ln 1h l! event Granhn, for any n:ason, elects 1h11 lO use its own muiuh.:nant..:c crews hl rcnm, c and r<!place sod and landsca pmg, ii shall so lll)lify the D1s111c1. l'hc Dis1ric1 ,h.111 then lie 1, ec 10 pc1 funn the work usi11g 1b own crews ,,r coutracturs o.tnd to do so ut the l>1:,l11L1's Mil · c ,bl and cApcnsc . 111 the cvc.111 Ciran tor l1Sc!S ib ow n crews hl remove and n:pl.u.:c :,t,d .wit l .. 111dsc.ipi11g, it :i.hall invo1cc the l)is11 tel (i.1r s uc h work and landsca p111 g ma1cri,1bi , .md Ilic r>1s1n c 1 ,hall have JO d.,ys after rccc1p1 of1hc san,.., in "h,ch 10 pay 1hi; 111\01cc . 7. Thi! District and Grn111or mutually agree 1ha1 should cmc,gency rcp,ur services fur 1111.: sewer lines he required al any lime, the Di!:ilrict !:!hall, lhh)ugh 11s a111hori,cd sewer marnh:nuncc con11;.u.:1or, have access h.1 Ili c sewer line::. "1th the .u..:lu .11 cosl ,,r sud, emergency services IO he billed and paid liy lhc Dis1ri c 1. No1ili ealh11t uf the (iranhu·, 1hrough its gc11cn.1I manager and coon1111a1io11 of cfti.u I:, hc1wcc11 lhc <t1.rn1ur .111d the Oislrit.:l sh;1II be umlcrt:.akcn by the Ois1rkt as soon as pllSs 1hl c fullowi11g d1 SCl)Vcry ,1f sud1 cmcrgcrn..:y. Until 1hc Gra111or is ll lhcrwisc nDlllicd, tltc D1sttic1':i. :rn1h,,ri1cd 2~-hour se wer service cuntraclor for i..:1111.:rg cm.::y prn poscs IS Aq11aS,lurcc Sen ICl'S ,tnd Tcd1nolugies, luc ., 125 70 Easl )'!'" Avenue, l>cnv e 1, Co lorado 8021 'J -),12 I ; 1ckphc111e 1111111hcr (JO)) )117 -32110 . The Di s trict eo111c111pl,11cs ass1g11111g thi , Easc111e111 10 the l ·,1 y or l'lu.:1Ty llills Vilh,gc. Effective upon assignmcn1. and un1il the (iranh1r 1s n 1h..:rw1sc 1101if1..:tl, 1he Ci 1y 's 1"'-hour scw.:r s..:rvicl.! crn11rac1or li.u cnH.:rgcm.:y purpose s 1s I he ('11 y of Englewood, l'ulor,uki luca1cd al _q111) S . El,111 S11cc1 , l:itglewood , ( 'olnrad,,, 1ckph,111e nunibcr (30)) 7<,2-264). In the evcnl that emergency n.:pair servi ces an.: r~quircl_l and n,) offi...:1.d o f the District can he rc;1chcd alicr there. IHb llccn a rca:,n11.ihk cffun 10 do so, (i1.111101 lll ,1) cou1ac1 said authoriLcd ..:mcrg...:n cy scwl!r scrvii.:cs i.:onlraLliH di1cc1l y aud rcq11c !:i l :i.th .. h emergency rcp~11r services as arc rcaso11ahlc and 11cLcs~a1 y u1Hlcr tlac r1n.:11m st .an c cs I hi.! l1is11ic1 :,hall he responsible and li.ihlc for a11 y and all da111ag c 1l~Lu 11111g 10 ( 11.rnh11 ':, gro11 1uls and 1h c golf course l'.auscd Uy suid c111e1gi.:11c y 1cpai 1 set\ 1i.:c:, lu th e c,h.:111 ll ll l covered hy 1he cu11trach:u's liahilit y im,urancc . The: D1!:il1 h;t '!:i li.,ht111 y , lum.c c 1, :,hall 1h 1l l!Xh.:nd to any indirect or cunscqucnllal d,unug.c s ind11d111g, liul 11 0 1 l111111 ct l to, the lo:,s 111 revenues tlr l~cs resulting from damage 10 Gnrnhlr'S g1nund:, ,ltld th e golf uu1~l' u11lc:,:, said llamage result s frum l)istrit.:t's neglig..:n cc . 8 . Grnntor shall nnl cons1ruc1 o r ph1cc any s1ru c 1t11c , ind111ling but 11 0 1 li11111~d Ill any IL:n c ..:s or buildings, temporary or pl.'rn1ancn1, \Ir plan1 any 11cc , woudy pl.1111 llr nursc,y stud, of any kind un ilny pan of th e l'rupc11 y 1h .,1 would inlcrli.:re w11h the ope1a 1ion , mainll!n:.mcc, repair and r..:placcmc1ll tif 1)1 :,tri\.'t's sa1111.1ry sewer line 11,ul rclalcd lacililies . 1J . lln11Hur rc1ai11s th..; ri g l11 10 tlic 1111di :i.1111hcd u:,c a11d occupancy of tlit.: Properl y i11sofor as sud1 use aud Ot.:l.:11pa11cy 1s crn1s1sh:111 w11h and do...:s 11 0 1 impair lh...: ,1pcra1um a11d 111~1in1cnance of 111..; l )isl11 c l 's !:iCWcr 1111c a11tl app11r1c11.m c cs lll Ca tcd or tu he locatcd therein and in sofar us s uc h use and occ upmh.:y 1:, nut 11H.:onsi:i.1cnl with and dues not impair any granl or covl!11a11t t.:011111111..;d hcn:iu . 10 . The Dis1tict, in operating its sanitary sewer sy,1cm un 1lw Propc11y, shall be rcspuns,hlc fur 111s111 ing 1ha1 all 111anhulc covers shall he sci a n1i1111111n11 of I~ inches l1clu,,1 c>.l!:il111g gra,lc a11,l 1l1c G ran1or ma y plJcc sod ,1, t.:r the se 111a11l1o lc covers . 11 . The D1s1ric1 sh,,11 have and ,:xcrcisc lh l! right uf s 11lija cc111 amt lu1cral s up1h1rt lo wha1cvcr cxtcnl is 11cccs s:1 ry u1 dc.:,irahlc fot 1hc full, complete ;uul 111u11nlcstcd cn1uymcnl oftlic ll i=i.1nc1's rigl11s h...:1c111 g11111h;d . (i1 :111hu· :i.h,111 takl'. IH) ac1iw1 wlu c h =i.h.111 impa11 lhc carlh ovc1h11rdcn ur Ilic lah.:ral HI s 1tbJat.:c111 .)11ppn11 fur ,my of th e D1 s 111 ..:.1's • . ' A I • 0 - • • • • • -' fa ci lities that ma y be installed hi.;ri.;u1Hlcr ; provided, ltt)wc vcr, that upo n o h1ai11ing th e sp..:c 1f11.: w1i tt c 11 permi ssion of the Districl, the 1.!Urlh overburden or any o f the 1)1s1r ic 1's ::,cwcr lrn cs ma y be modified, hut it is undcrs1001..I th ut no rm a ll y permissio n will no t he gran ted for ;.1 mo<lifii.:a1ion invo lvi ng a cover of less than 4 1/2 fod n or gr~ah!r than I - feel , measured veru cally from lhc to p of the sewer line . Any mo,hfo .:aiions of 1hc ca11h nve,hu rden will be upon tcnns whid, prov ide for reimburse ment h.l 1111: 01s1n c1 of 1h e cos l of any a llerna l io n or rcloca11 o n of a ny Di>1rict fa ci h111:s made neccs,ary lJ y the ca11l1 ovcdJunkn 111oditic;u io n . 12 . In the case th e Di siricl shall abandon it s rights he rei n gra nh."I a nd cease 10 use th e s;mu.;, ull ngh1, 11tlc .11 hl uth.:n!sl o f lhl.! Disll il"l lu.:n.:unJ...-:1 , ::,h~ll l cea se .tnd tc rmtnalc, and th e. (irnnrnr ::,h ;,1 11 ho ld lhl.! Property , as thi..: sanh: llh &Y tht:n hi;, ficc l1um lh ~ l)i:,t11 i.:t '::io nghls so aba1hhJ1h:d, and ::ioh.ill ow n all 11K1lc1 ia ls, s 1ru \'.'.l 11n.:~ .rn,1 f.Kil111c s nf 1hc f)i s ll1 \'.'.l so aha1hloned , hul no 1lun g hc rL"in \'.'.Olttaincd shall he c 1m:,ln1cd as \\rnJ..111 ~ u forlCi111r c or a hand,>tlllh.:11 1 of aoy inl l.!rcsl or nghls hcrcundt.!r a nd nn l n,,•ncd h> th ..: llis111cl a l the 11111 e ul'th ..: Jhan.t"n111c11t ,11'1hc t>1s1ri c1's 11 gl 11 s . In the e,cnt th c n ,,11,c l ahand,1ns its sa nit.try sewl!r lone l,,c,,ti!d within th e Ea,cme111, the Dis111c1 agrees 1h ,11 II will cap the sewer lme a nd !ill any manho le s loca ted 1hc1eon , i1h sa n,1 , all a l 1he Dis1ric1 's sole cosl and expense 13 . Each and every o ne of 1hc benefits and hurLl..:n s of th is Easement Oe e.t slrnll inmc 10 and be hmding uptm 1hc res pec ti ve legal rc presc nl a livcs, heirs , cxcc 11h11~, ad111inistr..1h>rs . succc:»St>rS mhl .,ssigns of ll1 c pa r1i..:s hcrl!hl . 14 . Gra111 or waoran1s 1ha1 ii has full right and lawful ;nnh o rn y lu granl the righ1s con1ained herein . 15. The Dis1ric1 shall he responsib le a nd 1,.,1 ,lc f11 1 an y and all cl:imagc oci.:urring to Gnmll>r's grournls and lhl! golf course cau sed h y a 11)' maintena nce WtHl perf,,rn1t:d hy thi.: Di stncl o n th..: sewer l in es rnir:»li..1111 111 1111 s Ea emt!nt Agreement. Suid liahility shall no t cx1cmt to a ny im.lin.:c l or con:,cq11c1111al d.1111a gcs, 111t.:ludi11~ but 11 01 limited to, 1hc loss of revenues l>r foes rcsulling f1t)111 srn.:h d .1m agc , unkss said d.una g,c res uhs fnJ1n Dist rid's negligence . 16 . The Di s trid re serves the 11gh1 lO .1l1J1h t,111 1hc SC"'C.I lme 1den11fo .. '.,I mt Exhi h il "B" as sewer line B "located witl11n l',ircd Nu . ~" ,r 1hc user o f 1ha1 hue, th e C herry llills School t)i,1ric1 No . 5, ca n oh1,11n sc1Ae1 ,en,cc 1;"· the t'he1ry ll1 lls Ele mentary Sc hoo l through th e Chen-y lloll s Sa n11 .111 "n t)i,111 c1 i\l such 11111 c :is sewer serv ice fo r the C herry llills Elconc11 la1 y Sd1v0I " 11.111,fe ne.t 10 th e C'hen y 11,ll s $ani1a1i,rn District , 1hc Di~1rict wi ll n.:li11q111 :,h all uf 11::o 11gh1, 111k ,1ml 1111t.:1c~l 111 arn l h> the l :ascnll.!111 cxtc1h.ling in , 1h rou g h 1 over :rnd ;.u..:ross t•;u cd Nt, 2 .. 111d ~h.,11 co rncy all u f it s righl , 1i1k and 111tcrcst in and to 1h c si..:wcr lmc located w 11l1111 s:u d P .. u cd IO Cirmt1 oi , a fter eappi11g lh c scwer line am t filling th e ma11l111lcs lo.:aie.t th erc,in ,.,,h sa u.t , ,,11 al th e l>i~1ric 1 's sole cust and ex pc11 si.: . 17 . T iu: ()is1ri c1 agrees 1ha1 o th er publi c 111 ili1ies s uc h as gas, cl c ..:lrl c and tdcphonc li11cs may he 111 s1all cd i11 th e ah,>vc ·dli.'.scrihcd cas.::m i.:1 11 as lo n g as 1hc y d u not 111h.:1 l c1i; v.,11h lht! I )1 s ll H.:l 1 S n ght "i hc rc 111 grnnh:d a nti as lun g a!:t pipm~ C llJS~in g th e ~.,;\\Ct l11tc at the d1st u.:1i,>n uf 1hc 1)1stnc1 , 1s nw ta ll1 t or cmu.:rctc ur is c nca::ioc d 111 .Ht J c ccp1,1hk 111 .11crhil Any and .tl l 111ili1ics whii..:h paralld the l)j:,111t1 's fo..:ilit1i.:.s will nol be pcn 11111cd \VII IIIU li\C (.) li..:cl u1' ()j:,t 1ict's focil 1t ics without prior Cllll SC III li tlll\ lht: l)t :.lt ld 11 11.: 11111.:111 i~ to n..:si;nc fur Dis1n c1's sewer li11 1o.!S al h.:a sl 11..:n ( Ill) l~i.:t of th e e.bc11u • .:n1 wulth . 18 . II 1s agre..:LI 1h01 hy reason of thal cc11 ai n agree ment dated Oc1nhc1 9 , 11)70 be tween th.: parues , Grn 111or ha s a reserved capa,ily ol' 17K si nglc-fom ol y cqu1valc11 1 I ~ewer t.1 ps 1n 1hc SC\\•cr lini.: lu~;.1tcd on Graut or's golf cmir~c pitlllCrlY u11 d 1h ,,1 JI h.;.bl 70 of 1ho s c s 111 g lc -famil y equi va lcut sewer laps an..: p1c ~c 111l y l.'.OI Hl t.:.t.:h.:d 10 1hi..: n,~111 LI ':. ) I • 0 • • • • • - sewer lines. Whah.:vcr remaining sewer tap capacity GranlOr has in said lines, may he used hy G,antor within the golf course prope11y; provi,kd, Gra111or pays nistric t S lllll.00 for ead1 single-family equivalcnl 1ap connecte,I to District 's sewer lines fn>m an,I alkr th.; dale uf this Easement Agrcc1111..:nl. Notwithstanding any other provision Clllltainc~l herein, ,:;.ach a11d every sewer lap n:scrvcll 111.:rein for the Gn1111or's use and l>cnclit that is not placed into servic~ wi1hin 15 years from 1he dah! of 1l11s Easc111c111 Agreement, shall expire and ht: of no further tOrcc anti i::ffccl. The: preceding St!nlencc: applies only tu the sewer laps rcscrvcd hy the District for the Grnntor in the Oi.:tubcr 'J, 1')70 Agrc:c:111cnl amt m.11 hl any sewer taps th;.11 Granlor must purchase: from the Ci1y of Englewood, (.'oh,radn , 111 order 10 utili,e said reserved laps. All htps purdmscd from 1hc C i1y of Englewood, ( 'ulurado C'{pin: within m1c ycotr from the date of prndmsc if 1101 St)Oncr aclivalcll. .A.II u1hcr tcnns ;.111d provisions oftlu: parlics · Octuhcr '), l'J7 0 agrccnh.:111 us well as an y other ag1ccmc11ts hclwC&!ll lhc panics, i11duding but 11ol limih:d to 1hat ccrtu111 Idler agn.:cmcnt datctl May 5, 11)86, shall autumutically tcnrnnatc omd hc of 1hJ further lhrc..-: and cffcLt at such time as un order from the Arup..shoc County l)is111 Lt Courl, dissol v ing the Distri1.::1 is recurilcll u1>on the public r.:wrJs of Arapahoe Cou11ty , Col,>rad,>. IN WITNESS WIIEREOr, Grantor has cxccutc,I this Easement Agreement as of the day :,ml year lirst above wrincn CIIERRY IIILLS COUNTRY CLUB," Culorndo non-profit ~orporation o,id,.,,.0. '< a.o,,.,., Steve T. Kleu.en :z, Cecnl!ra l Manage __ r, '"\. By: I J {;, 1 u /J.rn , du, ( , Prent dcnl ST A TE OF COLORADO )ss COUNTY OF ARAPAIIOE ) The forc~oilll! instJ11mc1~ was a~lnowbtiic,I bdmc me hy Steve T. Kteaenz, as ~ilNaw . ~I tc . ·~-------- CenernLl1anai:eL....4Q as rcsulcut -.1 __ '11\~'lll'tx of .i.:uu:rµlilLCwmi<JL-Club_ this _26L ,lay nr "---· 2000 . '·:.M) wmmissiun .:xpires: '/ /,'.• ). ·,· , .. ·· :,./.:,' ·, Wiuies~ my hand anJ official seal. I I \q' '_)_, _. 1,) II t' ·· -P Ii , Nutai y t'ublic \ i_:i_L.C._'..:_~,:-_.:..i.::·---- A,l,hcss 1,--C'-.,__~,~-~-~·~·-.-~c'.~.~-:r.c....:J:_~~~l~'~°v(J)... • , . ) I • C, • • AlTEST: STA TE OF COLORADO e~,1 J ,U.:......,.~~ ('OfJNTY OF AKAPAll0E ) )ss ) • • - CIIERRYMOOR SOUTII WATER AND SANITATION DISTRICT, a quasi-municipal corporn1ion of lhc S1a1c of Colorado £ly:y. -~ ..... ~ The foregoing inslnuncnl wus adnowle,lged before me by ;fdlll;.::._~{U(1l/j/\J __________ .IS Prcsidcnl lllMI of Cherrymoor So uth Water , d&ai»dil'Ok !IA . .,;~ni tat ion Di otrict I his _/_J_r!j___ day ___L/Li.:i __ , 2000 . My co111111i,sio11 expires: / -.:! ll -t1.l CITY OF ENGLEWOOD By : Dan i el L. Brotznan City Attorne) i,.,-..,___ -·. r d. ·rhe foregoing i nstrun.ent was acknowledged Lefo re me th1 & _i1_ day of ~/4.:1--, 2000, h\(;',t.<'•t A A1,_r..<c..:t....u .5E('<E frJ · -I o f Che«y11oo r S o uth Water, Sanitation Oistr-ict . No t:ary Pu b l ic My c o..-.1¥sion exp i res: /-.Jd -o2 (, I • 0 I - • • • '·~· .. • -' _._) EXIDBIT A CIIERRY 1111.L'l COUNTRY CLUB SANITARY SEWER EASEMENrs Parcel ao. LIii.A A Puce! of Land localed i.n ponlons of cbe NW 14, SWl4 and SBl4 of ~Ion 2, Township S Soulh, Rante 61 W• of llte ~ P .M ., City of Cheny Hilb Villll1e, Arapahoe COWJly, Colondo bei.ng more partlcularly delcrlbed u follows : A llrip of land 30 f-In width, IS feel each side of a cenlerlioe described u follows: De1lnnl111 a1 a poinl on lhe soull1 I01 line of Loe S, D .E . Buchanan Subdivision Amended PIil (Plat Book 18, Pa1e 21) wltich lies 74 .3 feel WC51erly from lbc Soul.beast Comer of said Lor Sand fro,;. which die Soull1cut Comer of said Scc1ion 2, Township S Soulh, lunge 68 WCSI bears S S9"17'32" E, 5003 .3 fee,. more or lcu; thence S 07"23 '35" E, 8 .33 feel; thcoccS47"18'01" E, 297.72 fcei ; d1ence S 66"S1'S1" E, 327.49 feel; ll1ence N 73"44 '13" E , 356 .72 (eel; llicnce N 19°03'19" E, 16S .S6 feet ; thence S 40°25'16" E, 222 .24 fec1 ; tlience S 49"40'SI" E, 397 .38 fcei ; llicnce S SI "46 ' 19" E, 2 26.SS feel ; lbcnceS 76"31'16" E, 297.87 feel; thence S 70"39'S2" E, 254 .12 feet ; d,ence S 71"27'22" E , 139.77 feel; thence S 79"S9'34" E,298 .32 feel ; dlCnce S 72"54 '41" E, 298 .3S fcei ; rhence S 56"49' 12" E, 2 29 .04 feel; thence S 32"14 '03" E, 201.73 feet ; d,ence S 71"16'0S" E, 198 .32 feet ; doeuce N 78"45 '03" E, 362.80 (CCI to the Point ofTcnninus whici , bears N 26"34 '47' W, 12S9 .S feet, more or less, from d ie Southeast Comer of said Scc1ion 2, Township S South, Range 68 WCI!. Said parcel cont.aim 128,469 square feet or 2.949 acres, more or leu. Parcel llo. 2 LIK.ll A pucel of land located In die SE\4 of Se<:tion 2, Township S South, Rao1e 68 Wea oflhe 6• P.M ., City of Cherry llllb Vlllllge, Arapahoe County, Colorado bci.ng more paniculllrly described u foll ows : A llrip of land 30 feel In width, IS feel each side of a centerline described u follows: De1inni.ng at a poinl from wbich lhe Southeut Comer of uid Section 2 , Township S Soud1, Range 68 Wes1 bears S 44°49'18" E, 199S .3 feet, more or less ; tllCflCC S SI "15'23" E, 221.85 feet ; thence S 22•37•37• E, 207 .26 feet ; thence S 03°20'24" E, 233 .09 feet; !hence S 09"4 I '42" E, 298 .39 fcei ; tlience S 38"38'34" E, 380 .74 fcei; 11,ence S 39•04•37• E, 246 .27 feet ; d1eocc S 73"_53 '24" E, Ill.OS fee1; 11,ence N 86"10'07" E , SI.OJ feel ; tl,ence N 87"38 '38" E, 164 .93 feet ; rhence N 89"3S'S9" E, IS .41 feei 10 die Point of Terminus which lies on lhe wC11Crly lot line of Lot 3, Fairway Sulxlivil.ion (Plat Book ....... ,. .. ... ) I • 0 - • • • • ,, • -.. ( J EXIDBITA CUKIUlY l1JLLS COUNTRY CLUB SANn'ARY SEWltll ltASEMENl'S (Coa&luucd) 50, r.,.. 33) and bean N 12•42·02• w. 341.7 r.et, more or lea, from Ille 5oldbeul Comer or uid Secllon 2, ToWlllblp S Saudi, Raage 61 Wat. Said pucel c:oalallll Sl,S31 aquare feel or 1.344 acres, more or lea. Parcel•· J LIM,J; A pucel ofland localed illlhc SEl4 of Seclioo 2 . ToWlllbip S Soutb, Ranae 61 Wa1 of die 6• P.M ., Ci1y of Cherry llilb Village, Anpahoe Cuunty, Colorado bclnc more panlcubrly described u follow1: A 11111p of land lO feel In wlddi, IS rcet oa each side or a ccntcrllne deacribed u followa : Dc&inttilla al a poilll from which die SuudlellSI Corner of uld Section 2, ToWlllbip S Soudi, Range 68 Wai bean S S2"S6'40" E. 2653 .9 ree1, more or lcu, lbcnce S 0S"IS'S8" W, 410.66 reel ; 1hence S 26"46'26" E, 299.26 feel ; dience S 21•09·31• E. 299.11 feel ; thence S 14•32 •14• E , 404 .60 ree1; 1hence S 28"20'21" E , 291.96 feet ; !hence S 01" 16' 16" E, 14 .27 feet 10 die Poinl ofTermi1w1 whi ch lies oa lbe nonb ri&111-of-way or EUI Quincy Avenue and bears S 19•53•04• W, 166S .I feel, more or le.~ from die SOlllbeul Comer of uid Section 2 , Towmhip S Soudi, Ranae 68 WCII. Said parcel coalaim SI ,596 oquue ree1 or 1.115 acra, more or leu. For die above ducribed parcels, all boundary lines aball be extended or uunca1ed u required 11 angle poinll, propeny lines and/or rict111-or-w1y 10 comple&e a con1inuoul llrip or land 30 ree1 in wid1h . ru die above dacrlbed parcels, beariaa• are hued an Ibo aoudi line or die SE 14 or Seclion 2, Towmhip s Soulh, Ranae 68 Wes1 or die 6• P .M . bealina N u•s1 ·oa· Eu a ivcn on die "Arapahoe Couniy llorlzoal&I COlllrOI Networlr. Phase JV• drawina for Arlf'II-COllllly by MOllllllio Surveylna & Mapping , Inc., daled November 4, 1997 . 2 ..... _ ,. 0 I • 0 32X - • • ,. ~ ·' .. • • - EXJUBITA ' ( CHERRY 101.LS COUNl'llY CLUB SANITARY SEWER KASEMKm'S Parcel llo. 4 UoLil .. A parcel ofland localed in lhc SE\6 of Sec1ion 2, Township 5 Souda, Ranae 68 Watoflhc f>6 P .M ., City or Olcrry Hilb VWage, Arapahoe Couary, Colorado bcin& more particularly deocribcd u ~ollows : A llrip of land 30 ree1 In width, IS feel on each aide or a ccn1crlilic dcacribed u follows : Dc11nninc at a poilll frlND which lhc Soulhcast Comer of uid Scc1ion 2, Towmhip 5 Soud,, Rucc 68 Wat bean S 51"'6'10" E, 2S21.8 feel, more or less ; d1cncc N 31"32'06" E, 300 .33 feet ; dicncc N 49"32'31" E, 341.01 feel 10 die Poinl of Terminus which bears N 37"40'16" W, 2S67 .2 fcei, more or lea, from die Sou1heu1 Comer of uid Sccllon 2, Township 5 S0ud1, Range 68 Wut. Said parcel contains 19,240 aquarc feel or 0 .442 acrca, more or less. All boundary lines of lhc above described parccl lliall be cucndcd or 1runcated u required 11 angle points to complete a con1inuoua strip or lllld 30 feel in widlh . Bcarina arc baaed on lhc IOlllb line of die SE\6 ol Section 2, Town,;hip 5 Sou1b, Range 68 Wcst ol lhc 6• P .M . bearing N 88"51 '08" Eu given on doc "Arapahoe County llorilOIIIII Conuol Network Phase VI" drawing for Arapahoe Cou111y by Mou111aio Surveyin& & M111ping, Inc ., d11cd November 4, 1997 . ....... .. ... ) ··-- I • 0 X • • -.. EXHIBIT •e• I I I .~:1; • I • " j i~ :i IP " " II • i• .. • I 0 I • 0 I J- • • • • ... • - BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COUNCIL BILL NO . 61 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AMENDING THE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO INCLUDE A REGIONAL PLAN ELEMENT. WHEREAS, the Englewood City Council passed the City of Englewood Comprehensive Plan in 1979; and WHEREAS, the Englewood Comprehensive Plan provides policies guiding actions affecting the City's physica l development; and WHEREAS, in March of 1997 , the Board of Directors of the Denver Regional Council of Governments (DRCOG) approved a strategic growth plan for the six-county metro-area entitled Metro Vi sion 2020 ; and WHEREAS , the City Council of the City of Englewood , Colorado passed a Resolution No . 48, Series of 1999 , supporting the Denver Regional Council of Government (DRCOG) metro Vision 2020 Plan: and WHEREAS, the proposed amendment adds goals and objectives for five of the six Metro Vision 2020 "Core Elements" to Englewood's Comprehensive Plan; and WHEREAS, the sixth Core Element, "Free-Standing Communities" was not endorsed by Englewood's Planning and Zoning Commission because that element pertains mainly to outlying communities such as Castle Rock , Brighton and Longmont; and WHEREAS, the passage of this proposed Ordinance would amend the Englewood Comprehensive Plan to provide a regional context for the anticipated updating of the Plan. WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on May 16 , 2000 ; and WHEREAS, The Englewood Planning and Zoning Commission of the City of Englewood has approved and recommended that the 1979 Comprehensive Plan, Forward Section. should be amended to reflect the support of the Metro Vision 2020 Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : $ectjon l. The City Council of the City of Englewood , Colorado hereby approves and adopts the following as an amendment to "The 1979 Comprehensive Plan (Master Plan)." -1- . , 10 bviii ) I • 0 - • • • 8 . • )• ~ ~··· ~ .. • • ' The 1979 Comprehensive Plan, the Forward Section, be amended by adding thereto the followin g statement to number 8, to the "Goals": Support the regional strategic growth plan for the six-county Denver metro area , Metro Vision 2020, including the Urban Growth Boundary, wflieft e11ee11ragea infill tie. elepme11t a11ti meettl'agee ttl'l!am!latie111!e, e11ti a tie11ig11111teti i99 e1111a1 e mile: Open Space· Balanced Multimodal Transportation System · Urban Centers: and Environmental Quality . .. Introduced, read in fu ll. and passed on first reading on the 17th day of July , 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title a s Ordinance No .~ Series of 2000, on the llu, day of August, 2000. Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordi nance No . ~ Series of 2000. Loucrishia A. Ellis .2. . ' . 0 I • 0 2 • • • ,,. • •,. ... • -~ BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE PURCHASE OF ARAPAHOE RENTAL PROPERTY BY THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the City Council of the City of Englewood authorized a transfer and appropriation of funds for the purchase of the Arapahoe Rental property by the passage of Resolution No . 41 , Series of2000; and WHEREAS, the owners of the Arapahoe Rental property wish to sell the property to the City; and WHEREAS , the 1979 City of Englewood's Comprehensive Plan identified the Arapahoe Rental property as a key parcel for park acqu1sit1ons; and WHEREAS , the passage of Ordinance No . 60 , Series 1995 authonzed the City purchase of the adjacent Home Lumber property; and WHEREAS, by the passage of this proposed Ordinance the Englewood City Council will authorize the purchase of the Arapahoe Rental property and the Englewood Department of Parks and Recreation will be able to pursue the future development of an aquatic facility at this location; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF ENGLEWOOD . COLORADO, AS FOLLOWS : Section l. The City Co uncil of the City of Englewood . Co lorado hereby authorizes the purchase of the Arapahoe Rental property under the "Contract To Buy And Sell Real Estate" with the "A ddendum To Commercial Contract To Buy And Sell Real Estate" which is attached hereto as ''Exhibit A." Sec;tion 2. The May or a nd the City Clerk are authorized hereby authorized to sign and attest the "Contract To Buy And Sell Real Estate" with the "Addendum To Commercial Contract To Buy And Sell Real Estate'' for the purchase of Arapahoe Rental property on behalf of the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 17th day of July , 2000 . -1- 10 b ix ) I • 0 - • • • • - Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No. ~ Series of 2000, on the 11 lh day of August, 2000. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk .. 1, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing 1s a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000. Loucrishia A. Ellis -2- .. ' I • 0 32X - • • • ....... • - rl1c p1111t..:J pm111 111s ul 1l11s lutlli loJ v..: 1~11 -'PPl ll VcJ hy Ilk! Culuru..lu lkiil b.1utc Cumu11 ::.:1o1 ut 1 ll'II S 2-•).•)'Ji TIIIS t ·otU,t IIAS IMPOll:TANT l.[t;AL CONSEQUENCES AND TII£ l"ANTll!S SttOlJLD CONSULT (.[l;AL ANO TAX OH UTll[M. l 'OlJNS£1 . tst:n>k[ MGNING. CONTRACT TO llUY AND SEI.L REAL [STATE l('OMMUl'IALI l>alc ____ (·t.:1h:1..l1~·cl),11c•) I. AC.N[[M[NJ. lhl)'CI ..1grc..::i tu IIU} unJ Ilk: unJcrs1g11i."\J Sdl..:r a~rc:..:s 10 scll ttk: l'rop,.:fl ) J ..:tiucJ hduw uu the 1..:m h •• ual 1..u uJ1lhMI:. ao;I lutlh 111 1111 ::. 1..01111 ..... 1 2. U[FIN[D '1'£NMS. 11. 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IPA.12.s,,. t6f A..,,tlle,,1t2 4 S.,IJ.,.',Tok.1~ .. ..,No 3()3 79j' / 3.Z.j" S.lk-r,Fu,No ___________ _ 2Y C'OUNIIR · BUICTION . I lu:, u1la ·~ I I C~rnl 11 Rcjc,·1c.&. lai1W. -•r ..t p•rt)' ••>·er ur Sclkr) •IMI ,......_rq .,, rcjc,·11:.a uffLir ---- IND or CONTRACT • l 'ill~h 1t1 II --- h111wl .. " ~ .. A ) I • 0 32X • • • • -.. Alll>t,:Nl)UM TO l"Oi'dMt:kCJAL CONTRACT TO BUY ANH SF:U . Rt:AL ESTATE 1111S AllOENl>UM b anached IO and made pan of 1ha1 ccnain C,unmercial Cn111rac1 10 Buy and Sell Real E.1a1c ("Co111rnc 1"). ua1ed July_, 2()()(1, hy and bc1wcen The Ci1y of Englc:wood , ur 11 s a,sognces . as "Buyer· and Donald J . Bowey , as "Sdlc:r. • In 1hc cvcn1 uf any contlil.'.l bctwc:cn the h:nns and provisions of this AdJcndum anti the tenns and provisions of 1hc prinh.:d ponum uf lhc Co111ra..:1, lhc 1c:nns anJ prnvi~ions of 1his AJdc11Ju111 ~hall Lt1tUn1I . Thr..: ,·~11111ai.:1 ,111ll t l1c ,\JJcmlum ate 1cfc1reJ tu hc1c111 cul lcl.'.11 v cl y ,IS , thc ":\g1cc111c111 " 2 . fil.l!i : SELLER ANO BUYER AGREE TI1AT BUYER SHALL ACCEPT TIIE PROPERTY ON TIIE CLOSING DATE "AS IS , WHERE IS , WITH ALL FAULTS " WITII NO RIGHT OF SET-OFF OR REDUCTION IN TIIE PURCHASE PRIC'E, AND THAT SUCH SALE IS WITI10UT REPRESENTATION OR WARRANTY llF ANY KIND , EXPRESS OR IMPLIED , INCLUDING , WITIIOIJT LIMITATION , WARRANTY OF INCOME, POTENTIAL, O PERATING EXPENSES , llSF..S , MERCHANTABILITY , OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER DOES IIEREBY DISCLAIM AND RENOUNCE ANY SUCH OTHER REPRESENTATION OR WARRANTY . EXCEPT AS OIBERWISE SPECIF!· CALLY SET FORTII IN TIIIS CONTRACT OR IN ANY WARRANTY OF TITLE GIVEN IN A DEED BY SELLER TO BUYER , BUYER SPECIFICALLY COV E - NANTS AND AGREES TIIAT BUYER IS ASSUMING ALL OBLIGATIONS AND LIABILITIES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY RELATING TO TIIE PROPERTY WHICH ARISE THEREFROM FROM AND AFTER C LOSING , BUT NOT BEFORE. EXCEPT AS SET FOR'nt ABOVE, IWYER SPECIFICALLY ACKNOWLEDGES TIIAT BIIYER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSO- EVER . EXPRESS OR IMPLIED , FROM SELLER UR SELLER'S AGENTS AS TO ANY MATTER CONCERNING TIIE PROPERTY , INCLUDING WlllHlUT LIMITATit lN , TIIE CO NDITION OR SAFETY ClF THE REAL PROPERTY , IN LUDING . BUT NOT LIMITED TO , SOILS AND (;EOU IGY , LOT SIZE . 01( SUITABILITY OF TIIE REAL PROPERTY FOR A l'Al(llCULAR PURPOSE. BUYER FllRIBER ACKNOWLEDGES AND AGREES SELLER SHALL BE UNDER NO DUTY TO MAKE ANY AFFIRMATIVE DISCLI 1SIIRE REGARDING ANY MATTER WIIIC H MAY BE KNOWN TO SELLER EXCEPT AS EXPRESSLY si:-r fORTII IN ·nus CONTRACT AND TIIAT BUYER IS RELYING SOLELY UPON ITS t)WN INSPEC TION C)I' TIIE Pl(OPERTY AND NOT UPON ANY REPRESENTATIONS MADE TO IT BY SELLER O R BY SELi.ER 'S AGENTS NOR ANY UTIIER PERSON WHOMSOEVER AFFILIATED WITII ANY OF lllE ABOVE IN CONNECTION WITII BUYER 'S ACl)UJSITION t JF TIIE PRO PERTY . ANY REPORTS , REPAIRS , OR WORK RE<)U IRED UY BUYER ARE TO BE 'nlE SOLE RESPONSIBILITY OF BUYER AND BUYER A(;kEES THAT TIIERE IS AND SHALL BE NO OBLIGATION ON lllE PART OF SELLER TO MAKE ANY C HANGES , ALTERATIONS , OR REPAIR TO TIIE l'l(Ol'ERTY . BUYER AC · KNOWLEDGES TIIAT BUYER'S REPRESENTATIONS AND OBUGA·noNS HEREUNDER SHALL REMAIN IN FULL FORCE AND Er-FF.CT SUDSE()UENT T< > CLOSING . BUYER ACKNOWLEDGES TIIAT IT IIAS COM PLETED ITS DUE DILIGENCE WITH RESPECT TO TIIE PROPERTY Tll ITS SATISFAC TION . hulcmniliCiUiun : Buyer, for Buyer anti Buyer') :,11 L:ccs~u r~ 111 i111crc:,1, n.:lca~~ Sdlcr fnnn , a1kl wai\/CS t1II claims ant.I liability whic h Boyer may have aga111:,1 any ot' suc h 1>crstNIS fur, a11y Sllllclurnl or 1•hy~ical l:011di1irn1 of the Propcny , anti lunhcr rl!lca)c:. sud, 1-=rsu11s fr,•m 1 and cxcc:pt a) set fonh hdow , waives .all li ,1h1li1y aga111:,t :,uch persons a11rihu1ahlc In , lhc ,1nic1urJI and phy,i.:a l comhuon of 1hc Pn~>crty l. CJiwo&: TI1< Ck,sing D-•lc sl110II he ten ( 10) days following 1hc dale nf a1~1roval ul 1hi, Agn:cmc:tM hy lh< City C111111cil of TIM! City of Englcw•••I . .t .... lh l l'.1f+.: 1 u l K --- 111111 .. I • • ) I • 0 - • • • • .. • • 4. ~: Nutwilhstanding anylhing 10 Che cm11rary herein , Seller shall remain in p•»s.:ssion of' lhc Propeny af1er llie Closing Dace in accordance wi1h lenns of a leas.: 10 11<: emen:d in10 1,-,1wcc11 Buyer and Seller substalllially in 1hc fonu anacl,.,J hereto as ~. 5 . In Ljeu otT ondemna1ion The panics here10 agree 1ha1 1his Agreemeni and 1he iransac· 1io11 con1empla1cd herein is in lieu of Buyer ac4uiring 1he rropeny 1hrough Buyeo's power of condtmma1ion The parties aclnowledge that the Buyer has previousl y noutic:d Sdlc:1 of Ouyc:1's i1ue111iun 10 .:xercise i1s power of co ndemna11 011 6 Miscellaneous a Time is of 1he ess.:ncc of lhis Agreemem . In 1he evem any lime period expire, on a Sa111rday , Sunday or legal holiday uf' 111<: S1a1e of Color,do, 1he dale uf pcrfonna11t:c shall lie lhe no,x1 day which is m~ a Sa1unby , Sunday or legal holiday. b . Tiie panics agree 10 exec111e such inS1ruc1io1u 10 1lie Tille Company and suc h ocher instrumems as may he reasonably ,ieccssary 10 carry 001 1lie provisions o f 1his Agrcemenl . c . Tiie perfonnanc e and in1crprc1a1ion of 1his Agrcemenl shall be comroll&!d hy 1he law uf 1he S1a1e of Colorado. d . Seller and Buyer each (a) rcprescncs and warr.ams 10 lhe ocher 1ha1 ii has nol dc;ih wi1h any broler or finder in c0t11iec1ion wilh 1hc 1ransac1io11 con1cmpla1cd hy thi> Agn:cmelll . EXECUTED as of 1lie dale firsc wrincn above:. SF.U.F.R: BUYER: nrn CITY OF ENGLEWOOD By :---------- Na111e : ----------- Title 141,?¥'1? • 1''1l\~ X ul M --- 111111.-I . ' .. I • 0 I • • ).-~". ORDINANCE NO ._ SERIES OF 2000 • • - BY AUTHORITY COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING A BUSINESS LEASE WITH DONALD BOWEY FOR USE OF THE ARAPAHOE RENTAL PROPERTY. WHEREAS, the Englewood City Council authorized the purchase of the Arapahoe Rental property by passage of C.B. 63, Series of 2000 : and WHEREAS, the approval of this Ordinance will permit Arapahoe Rental to remain on the Arapahoe Rental premises to continue their current business operations while the City continues to plan for future development for this site; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: Section 1. The City Council of the City of Englewood. Colorado hereby authorizes the Business Lease for Arapahoe Rental to continue their use of the Arapahoe Rental Property while future development plans for this site continue. A copy of the "Business Lease·· with the "Addendum To Business Lease" is marked as "Exhibit A" and attached hereto . Sectjon 2. The Mayor is hereby authorized to sign and attest said Lease on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 17th day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of August, 2000. Published by title as Ordinance No. _, Series of 2000, on the 11"' day of August, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis , City Clerk -1- ... 10 bx I • 0 • • I~-•• .. • - I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000 . Loucrishia A. Ellis -2- • ,. I • 0 - • • -• • ... .. • • BUSINESS LEASE This lease . dated is between the CITY OF ENGLEWOOD . 3400 South Elati Street, Englewood, Colorado 80ll0. as Landlord and DONALD J . BOWEY, as Tenant. In consideration of the sale of the subiect property to the City and the performance of the covenants and agreements by the Tenant set forth here1I1 . the La ndlord does here by lease to the Tenant the following described premises situate III Arapahoe County . III t he State of Colorado; the address of which is ll55 West Belleview Avenue , Englewood . Colorado 80ll0. more fully described as follows : SOUTH 220.56 Feet of East 50 Foot Lot 3 and South 220 .56 Feet of Lot 4 Block l MA VDON Sub Arapahoe County Colorado . Said parcel contains 28 .231.68 Square Feet (0 .648 1 Acres) more or less. also known as: 1155 West Be ll eview Avenue Englewood. Co lorado 80110 Said premises. with all the appurtenances . are leased to the Tenant from the date of _ _________ t o _______ _ The tenant may with approval of the Landlord extend tlus !ease for Three (3) One (1) year periods . Notice of extension shall be given in wntmg be fo re the termination of this lease. THE TE::,.1,UIT. IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS : l. To keep the improvements upon the prem1Ses including, drainage. storm sewer. fences . sewer connections . plumbing, wiring and gl ass m good repair. all at Tenant'.; expense. and at the e:otplI'aUon of dus lease to surrender the premises in as good a condition as when the Tenant entered the premises. loss by tire. inevitable accident. and ordinary wear e:occepted . To keep all sidewalks on and around the premises free and clear of ice and snow , and to keep the entire premises free from all litter. dirt. debris and obstructions : t o keep the premises m a cl ea n and sanitary condition as required by the ordinances of the cit)• and county m wluch the property 1s situated with no storage of derelict or junk velucles. :!. To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Landlord. 3 . To use the premises only in connection with the current commercial use and to use the premises for no purposes prolubited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in wluch said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nU1Sance having a tendency to annoy or disturb any persona occupying adjacent premises. 4. To neither hold nor attempt to hold the Landlord liable for any injury or damage. either proximate or remote. occurring throu1h or caused by the repairs. alterations, injury or accident to the premlNI, or adjacent premises. or other parts of the above premisea not herein dem1nd. or by reason of the negligence or default of the owners • X .. I • I T A ) I • 0 • • • • J •• • - or occupants thereof or any other person. nor to hold the Landlord liable for any injury or damage occasioned by defective electnc wmng , storm water. nor said premises to be used for any purpose wluch would render the Ul,Surance thereon v01d or the insurance risk more hazardous. nor make any alterations m or changes in. upon. or about the premises without obtallllilg t he written consent of the Landlord therefor. 5. To allow the Landlord to enter upon the prem1Ses at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN L\..'IDLORD A.'ffi TENANT AS FOLLOWS: 6 . No assent, express or implied. to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of a ny succeeding or other breach. i . If. after the expiration of dus lease. t he Tenant shall ·emain in possession of t he premises and continue to pay rent without a written agreement as to such possession. then such t enancy ,hall be regarded as a m onth-to-month t enancy , at a monthly rental. payable m advance. e qwvalent to the last month'; rent paid under tills lease. and subiect to all the terms and conditions of this lease. 8 . If the premises are left vacant then the Landlord may retake possession of the sa.id premises. There shall be no penalty if the tenant vacates the premises pnor to the e:qnrat1on of t he lease term . 9 . The Landlord acknowledges receipt of a deposit in the amount of S-0·. 10 . At the Landlord's o ption. 1t 3hall be deemed a breach of t his lease if the Tenant defaults (a ) any other monetary obligation herein : or (b) m the performance of any other term or condition of tlus lease. 11. In the event that the Landlord elects to declare a breach of this lease . the Landlord shall have the right to give the Tenant three (3) days written notice requiring compliance with terms or provisions of the lease. or delivery of the possession of the premises. In the event any default remains uncorrected after three (3) days wntten notice. the Landlord. at Landlord's option. may declare the term ended. repossess the premises. expel the Tenant and t hose claiming t hrough or under the Tenant and remove the effects of the Tenant. all without bemg dee med gwlty m trespass or of a forcible entry and detainer and without prejudice to .my other remedies to wluch the Landlord may be entitled. If at any time tlus lease ,s terminated under this paragraph. the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination. and if the Tenant remains in possession of the premises, the Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be entitled to recover from the Tenant all damages by reason of the Tenant's default, including but not limited to the cost to recover and repossess the premises. the expenses of re letting, necessary renovation and alteration expenses. commissions and the rent for the balance <.Jf the term of tlus lease . In the event of any dispute arising under the term s of tlus lease and in the event the matter is turned over to an attorney , the party prevailing in such dispute shall be entitled, in addition to other damages or costs . to receive reasonable attorneys' fees from the other party. -2 - I • 0 • ,. . . , .. .. • • .. 12. In the event of a condemnation or other takinc by any governmental agency, all proceeds shall be paid to the Landlord hereunder. the Tenant waiving all right to any such payments. 13 . Tenant shall insure the prem.iaea for public liability and property damage in the sum of One Million Dollars w1th the City of Enclewood as an additional insured. SHOULD ANY PROVISION of thia leue violate any federal. state or local law or ordinance. that provision shall be deemed amended to so comply with such law or ordinance. and shall be construed in a manner sou to comply . This lease shall be bmdinc on the parties. their personal representatives, successors and assigns. When used herein. the singular shall include the plural. and the use of any gender shall apply to both genders. LANDLORD CITY OF ENGLEWOOD THOMAS J. BURNS. MAYOR STATE OF COLORADO ) )as . COUNTY OF 4«:s., •o-be ~ ) TE:'.'IANT ST The foregoing instrument was acknowledged before me tlus _I_ day of Hj" • Z 2000 by Donald J . Bowey . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year lint above written. My commission expires: _.,.l+l...,Z,.¥ .... a2 ..... uc.::CJ:.,a/ __ I ; -3- ::z&~ ,J3~ NOTARY[lC ,. • ) I • 0 - • • \_ • • • - .-\DDDIDU'.\1 TO BlJS~ESS LE.-\SE This Addendum to Business Lease (this "Addendum ") 1s attached to and made part of that certain Business Lease (the "Initial Lease"). dated . by and between the C ity of Englewood ("Landlord") and Donald J Bowey "Tenant ") In the event of any conflict between the terms of the Initial Lease and this Addendum. the terms oi this . .\ddendum shall control The Initial Lease and this Addendum are hereinafter referred to together as the "Lease" I . Indemnity Paragraph 4 of the Initial Lease is hereby deleted and replaced with the following "Except to the extent caused by the negligence or willful misconduct of Landlord. its agents. representatives. employees. contractors or affiliates (collectively. " . .\ffiliates"). Tenant shall hold Landlord harmless for any injury or damage . either proximate or remote. occurring through or caused by repairs or alterations to the Premises. defectt ve wiring o n the Premises. injury or accident occurring on the Premises. injuries o r accident o riginat ing fro m an act o r omission on the adjacent premises. injury or accident caused by so me party o ther than Landlord or its . .\ffiliates or damage or injury caused by sto rm wat er " 2. Damage bv Fire or Other Casualtv In the event of any damage to t he Premises . Tenant s hall have no obligation to repair or replace the Premises except to t he e'Ctent the co st o f such repair or replacement of the Premises is covered by insurance o r is re quired to be covered by insurance under this Lease 3 ~ Tenant shall not be deemed to be in default under this Le:ise except upon (i) the expiration of thiny (30) days after receipt oi written notice ( the ( 5) days in the e vent of failure to pay money owed hereunder) from Landlord spec1t mg t he failure o f Tenant to perform its obligations under this Lease and (i i) the failure o iTenan!. pri o r to the expirati o n of said thiny ( 30) day period ( or five ( 5) days. as applicable 1. to rectify the failure to perfo rm specified in the notice: provided. however. that if such railure I except the iailure to pa y money owed) cannot be rectified within said thiny ( 3 0) day penod and Tenant is using good faith a nd best etfons to rectify the specified failure to perform. Tenant ·hall not be deemed in default 4 5 6 . .W 77\ ~ I Landlord's Entrv L'pon Premises Except in t he e ent o f an emergency. Landl o rd shall provide Tenant with at least 48 hours notice prior to entenng upon the Premise s. and sha ll use reasonable effons to enter the Premises at times that \~ill no t disrupt Tenant's bu s iness being operated upon the Premises Repossession of Premises In the event Tenant vacates the Premises for a period o f no le ss than sixty (60) consecutive days. Landlord may retake possession of the Premise s Tenant's Option to Extend . Tenant shall have the right to extend the term of this Le:ise for one (I) additional one (I) year period by delivering written notice to Landlord at least thirty (30) days prior to the expiration of the current term and provided Landlord mutuall y consents to the renewal within such time period unless the panies otherwise mutually agree Rent and all other terms under this Lease shall remain the same during such extension term .. 0 I • 0 • • • • '• ... .. ... • -... 7. Tenant's Right to Tenninate. Tenant shall have the right to tenninate this Lease at an y time upon at least thirty (30) days prior wrinen notice to Landlord . 8 . Quiet Enjoyment . Subject to the tenns of this Lease. Tenant shall have the right to lawfull y. peaceably and quietly have. hold. occupy and enjoy the Premises during the term hereof without hindrance or ejection by any persons lawfully claiming under Landlord . 9 . ~. Tenant shall have no obligation to make structural repairs to the Premises. except to the extent damage to the structure of the Premises is caused by Tenant . 10 . Miscellaneous . a. All notices given pursuant to this Lease shall be in writing and shall be given by telefacsimile. personal service. United States Mail or express mail. postage or deli very charge prepaid. return receipt requested . addressed to the appropriate party at the address or telefacsimile number set forth below Landlord : Tenant : The City of Englewood 3400 South Elati Street Englewood. Colorado 80 I I 0 Ann : Jerrell Black Fax : Mr. Donald J Bowey 1155 West Belleview ,\venue Englewood. Colorado 80 I I 0 Fax : b . This Lease shall be governed by the laws of the State of Colorado IN WITNESS WHEREOF . the parties hereto have caused this Addendum to be executed and delivered as of the day and year first written above . LA~DLORD: THE CITY OF ENGLEWOOD By ·--------- -447715 .1 ' ~ . . , 0 ) I • 0 •• • • ORDINANCE NO ._ SERIES OF 2000 • • - BY AUTHORITY COUNCIL BILL NO. 64 INTROD UC ED BY COUNCIL MEMBER GARREIT AN ORDINANCE AMENDING TITLE 16, CHAPTER 1, SECTION 8 ; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINI NG TO ADOPTION OF THE OFFICIAL ZONING MAP FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the official Zoning Map has been set by ordinance at two hundred feet equal to one inch (2 00'=1 ") and a true co py was required to be displayed in the City Council Chambers in City Ha ll at 3400 South Elati Street; a nd WHEREAS, there are practical problems with m ee ting th ose r eq uireme nts in the Council Chambers; and WHEREAS , the prop osed a mendment requires displaying a representative copy of the Zoning Map in the Cou ncil Chambers; and WHEREAS, a n ew updated Comprehensive Zoning Ma p has been prepared and is on display in the Council Chambers; and WHEREAS, the new map, produced at a scale of one in ch equals three hundred feet (l" -300') is as large a s the new space permits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section l. Title 16, Chapter 1, Section 8 -ADOPTIO;-J OF OFFICIAL ZONING MAP, Englewood Municipa l Code 1985, is hereby ame nd ed as follows: 16-1-8: ADOPTION OF OFFICIAL ZONING MAP : The zone designations and the boundaries of the zone di t ri cts s hall be s hown upon map s attached hereto and ma de a part hereof, and coll ect i,·ely s hall co nstitute the Offi cia l Zo ning Map of the City of Englewood . Said Map a nd all of the notations , refere nces a nd other information shown the reon a re as much a part of this Ordinance as if t he matters and information set forth by said Ma p we r e fully described herein. F or clarification to and the convenience of the public, a ti'tte represe ntative copy of said Map and the amendments thereto, s h a ll be on dis p lay in the Planning Offiee Council Chambers of the City of Englewood at a 3eale ne t s 1trnller than t .. e h1:tnMea feet te ene ineh (288' -1"). ~ true copy of said Map and the amendments thereto shall be maintained by the.Q.ly ~ 16-1-9: AMENDMENTS TO OFFICIAL MAP TO BE DOCUMENTED: All amendments to t he Official Zoning Map shall be listed in the order adopted in a separate register maintained in, and kept current by the Planrttng Department _crty -I - • I 10 b xi ) I • 0 • • • • I·~,,' • .. . ·"" • - Ck[k; and in addition, such amendments shall be shown on the true copy maintained Ju'...!he..Map11 in the Cettneil Chamher11 ans Planning Department City Clerk . Section 2 Safety C)auses The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3 Severahj)jty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 Inconsjstent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modificatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered. or made in such actions, suits, proce edings, or prosecutions . Section 6 fe.wll.tv. The Penalty Provision of E .M. C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 17th day of July, 2000 . -2- • ,. ) I • 0 X • ---------"'T'""----------;----------....-----------... ------.-• • -.. Published as a Bill for an Ordinance on the 21st day of July, 2000. Read by title and passed on final reading on the 7th d ay of August, 2000. Published by title as Ordinance No._, Series of 2000, on the n•h day of August, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis -3- - 0 I • 0 32X • • • • .. • - COUNCIL COMMUNICATION Date Agenda Item Subject August 7, 2000 10 Ci Local Circulator Shuttle INmATEDBY Community Development. STAFF SOURCE Lauri Dannemiller. Planning Analyst PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. However, Council reviewed results from the lntermodal Transportation Study recommending further study on the implementation of a circulator shuttle at the March 6 , 2000 City Council meeting. RECOMMENDED ACTION Staff requests that Council approve by motion the professional service contract with BRW for a feasibility study on a local circulator shuttle in the amount of $27,296.00. BACKGROUND AND ANALYSIS The City recently completed a study to identify multi-modal connections to CityCenter Englewood, increase light rail ridership, decrease air pollution and reduce traffic impacts associated with new development occurring in the area . The primary recommendation from this project was the introduction of a local circulator shuttle bus . This shuttle would provide vital linkages between downtown. employment centers and CityCenter Englewood. It would also provide incentives for redevelopment opportunities along the route that could compliment existing or planned development. The next phase towards implementation of a shuttle is to complete a feasibility/needs study to determine ridership projections, operating costs and scheduling routes . A complete feasibility study will aid in garnering grant opportunities to fund a portion of the project, along with providing accurate estimates on ridership . In that locally there are numerous agencies that may benefit from the implementation of a shuttle, a meeting was held with representatives from Englewood Downtown Development Authority, Englewood Chamber of Commerce, Swedish Hospital, Craig Hospitals and city staff to acquaint these organizations with the feasibility proposal. Interest level was high among these local organizations. As a result, financial commitments of $5,000 each have been received from Swedish and Craig Hospitals, and the Englewood Downtown Development Authority . The Englewood Chamber of Commerce has offered to help in the distribution and collection of the survey instrument. In addition, RTD will provide ridership figures from the Southwest LAT and bus system in Englewood to supplement the study. These contributions leave a balance of approximately $12,300, which the city will provide as their contribution toward the project as well as providing professional staff support. The project will take approximately 3 months from notice to proceed to completion. It is anticipated that if the results of the study recommend implementation of a shuttle, one may be operational by June 2001 . ) I • 0 • • • • .. • - FINANCIAL IMPACT The City's commitment to the project, $12,296 is funded within this year's Community Development budget. Partner contributions will be requested upon invoicing from consultant. UST OF ATTACHMENTS Contract for Professional Services Letters of Support -Craig Hospital, EDDA 2 0 I . • r • ' July 19 , 2000 Ms. Lauri Dannemiller, Planning Analyst Community Development Department City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Lauri : • • - BRW, Inc .. is pleased to submit the attached proposed contract. scope of services. and fee proposal for a feasibility study for the Englewood Local Circulator Shunle. We are proposing three tasks for the project. a total project budget of $27.296. and a project duration of approximately three months . The study"s major activities are summarized below and described in more detail in Exhibit A ("Services''). Task I: Needs Assessment BR W will work with the City and \\<ith medical center and downtown organizations to develop. distribute. and analyze a survey to determine the current travel panems and future travel needs of local employees in the study area. with a focus on determining the extent of desired travel between and among the medical center. downtown. and the CityCenter Englewood development and LRT station. BRW also will examine RTD data on LRT station ridership from the Southwest Corridor line. and will conduct research on other similar shuttle systems locally and in other parts of the country . As requested by the Steering Committee, at the end of this task we will meet with project staff and others to examine the results of the needs assessment and will within one week make a decision on proceeding with the additional tasks. Cost: $9,892.00 Task 2: Scheduling Recommendations Using the data from the survey, BRW will develop an operations plan for the shunle system, with a nwnber of alternative scenarios based on hours of demand. seasonal needs. phasing and staging related to development of CityCenter Englewood. integration and coordination with RID LRT and bus service, and other variables. Cost : $7.712 .00 • ) I • 0 • • • • • - Task 3: Feasibility Study BRW will develop funding requirements based on the results of the scheduling and implementation scenarios developed in Task 2 . Th.is will include: an assessment o f capital costs, operations and maintenance costs , potential fares and fare structures :ind corresponding revenue estimates. operating subsidies :ind potential funding sources. :ind recommendations on operating structures :ind entities . Cost : $9 .69'.:.0 0 I know there is some concern about the equality of benefits fo r tho se wh o may be contributing to the study . The overall outcome of the study and its recommendati o n s are aimed at ensuring that all segments of the City" s communities benefit equall y fr om the study ·s implementation . While we will work with the Steering Co mminee to refine :ind focus the project's goals as follow-up to the ·'Intermodal Planning for L"rban C enters .. project our staff conducted earlier, our overriding aim has been :ind wi ll be to ensure that the City. the downtown business community. and the medical center Jre equal partners and beneficiaries in the project. We have seen similar results in other proj ects. such as the Texas Medical Center Circulator Study in Houston (which was aimed at assi sting Houston METRO. the medical center. the City of Houston. and adjacent emplo yers such as Rice University and the Astrodome complex ), and the ;'1/onh :Vlain Corridor project in Fort Wonh (which helped the City with traffic issues . pro v ided incenti ves to major employers along the corridor. and had as its terminus a major tourist area -the Stockyards). Locally, the 161h Street '.vial! in downtown Denver is a good example o f a project that provided multiple benefits -to the City of Denver in improving traffic operations and taking buses off downtown streets. to RTD for optimizing bus operations. to the downtown business community by improving access for downtown employees. and for major activity centers such as Coors Field and other downtown anractions . We see the same distribution of benefits with this project . The City of Englewood will see improved traffic operations in the study corridor by the removal of internal circulating autos during peak and mid-day hours (which was one of the goals of the transportation vision study). The downtown business community will benefit from the project because it will provide quick and convenient mobility to local restaurants and shops for hundreds of nearby employees who otherwise might not be able to patronize local establishments . In addition. the introduction of a shuttle could result in enhanced economic development along the corridor and in the downtown area -again. one of the goals of the vision plan. And the medical center will benefit from the project since it will provide employees with a convenient, affordable mode of transportation that will be seen as an employee amenity and that also will help alleviate congestion and parking problems in the area . We will be happy to work with you and the Steering Comminee to further refine and focus the goals of the project and anal yze its true benefits to the local community . • ) I • 0 • • • • , .. , .... .. • • ' I hope this contract language is acceptable to you. If you have any suggestions for changes or modifications, please let me know and we will do all we can to accommodate you. We look forward to working with you and the City of Englewood to move this exciting project forward. Sincerely, ~~ittU... Tun Baldwin. AICP Senior Associate ~ • ... ) I . 0 32 - • • • ------~ --------------,-------~---~-----------..,------.-. • I • .... .. • - 3!13781 7886 Jul. 'Z7 2000 12:06PM Pl ... ON IUildl'9 m--·-,..._. ~coeo,,o -30l1711-"ia July 19 1 2000 M•_-t..aul"i O•nne111ill•,. Oapal"tment of Ca••unlty Oevelopment Clty of ln;l•wood 1000 Inglewood ~•,.k••Y Englewood, CO 90110 Oe•r Lauri: The"k you fol" your pr•••"tation r•s•,.ding tMe local ci,.culatol" Faaalbility atudy et the July 12th !OOA eoard m•eti"S· AFta,. dlecu•ein; the propoeal, • vet• waa taken aporoving th~ SS,OQ0.00 commitm•nt you hed reouasted From EOOA. Memb•,.• oF th• 9c•rd r•m•in committed to oontlnued involvam•nt in thi• proj•et. While EOOA •upport thi• project end b•ll•v•• tMst both our dletriot and th• entir• community c•" b•n•fit From a local ahuttle, we would lik• to aaa a beneFit analyeia become• part oF th• propaaed atudy . Information cf thi• natur• will be an aid in future diecuaaion• •"din working with area pr"operty end bueineaa ownar•- ~l•••• let know lF w• can b• of Fu,.th•r •••iatane• a"d •l•o when end how you would like paym•nt diract•d· \inc•r•ly, ..\\_.~~- Harold Celve !xacutiv• Oir•ctor ) I • 0 xi - • • July 7, 2000 Lauri Dannemiller Plann ing Anal ist C ity of Englewood I , 10000 Englewood Parkway Englewood . CO 80110 Dear Laur i: .. • • - CRAIG HOSPITAL • C.mng exclus,veh• tor p.1t1enrs w ;th sp,nal cord Jnd brain m1unes. COMMUNITY DEVELO PMENT DEPARTMENT JUL 1 O 2000 ENGLEWOOD .COLORADO I am responding to your request for an indication of support from Cra ig Hospital for a feas1b1lity study on a local circulator shuttle . I have been 1n contact with Tim Ba ldwin from BRW regard ing obtaining an ex isting survey whic h was me ntioned dunng our meeting and utilized to assist in do ing an analys is at the Texas Medical Center Unfortunately , they were surveying an existing shuttle serv ice within the medica l complex in Houston and looking to expand the service . Therefo re . I have proceeded to deve lop our own survey wh ich can be utilized at Cra ig and Swed ish . We will try to capture data wh ich will be helpful at a later date for the City of Englewood . I have also been in contact w ith RTD and will continue pursu ing inc reasing the availabil ity of route service during peak periods from the City Center to the Craig/Swedish medical complex . I am assum ing that the largest part of the needs assessment from an emp loyer sta ndpo int will be both Craig and Swed ish . I have had discussions with Mary Wh it e . CEO of Swed ish . and we both agree to the value of the assessment as we ll as a shuttle service especially during peak periods from the C ity Center to the medical campus . In th is regard . I assume a good portion of the costs related to the 1nit1al survey should be offset by Craig and Swedish proceeding with our own needs assessment which . as I have indicated. we 're more than will ing to share w ith the City . Add 1t 1onally . Craig Hospital is willing to commit $5 ,000 to the planning process . As I indicated in the meeting there is some urgency on our part and on the part of Swedish to move more qu ickly in establishing some type of snutt ie transport sys i em from City Center to med ical campus . I have been advised during the peak periods that the #12 bus provides service every 30 minutes . Based upon our own needs assessment , we are desirous of determining whether we need to supplement that serv ice during the peak periods or other times during the day to accommodate our staff needs . Prior to distributing our survey I will send you a rough draft which I hope to have completed next week for your review . 7~ -Scott Manley Sr . Vice President Manley englwd bua sen, noo • 3425 South Clarkson Street En glewood, Colorado 801 10 303 789-8000 www.cra ighospital .org ) I • 0 - • • • ,,-. • • - BRW, INC. SERVICE AGREEMENT THIS AGREEMENT is made effective this day of '.!000. by and between the City of Englewood ("Client"), a ,municipality with address at I 000 Englewood Parkway, Englewood. CO 8011 O. and BRW, Inc .. also known as BRW Planning, Transponation and Engineering. Inc .. (BRW) a Wyoming corporation with address at 1225 17., St.. Suite 200. Denver. CO 80202 . RECITALS WHEREAS, Client desires to retain BR W to provide cenain professional services with respect to Cl ient's project known as the Englewood Shuttle Feasibility Study ("Project "); and WHEREAS, BRW agrees to provide such services upon the terms and conditions contained herein . NOW THEREFORE, the parties hereto agree as follows : SECTION 1: BRW'S RESPONSIBILITIES I .I BRW agrees to provide the professional services ("Services")described in Exhibit A attached hereto and made a pan hereof. BRW may also perform additional tasks as may be requested by Client and described on an Addendum executed by the parties in substantially the form attached hereto as Exhibit B . Any Addendum shall have the same force and effect as if executed as pan of the original Agreement. In performing o ur Services. we will use that degree of care and skill ordinarily exercised under similar circumstances by members of our profession practicing in the same locality . 1.2 The parties hereby agree that situations may arise in which services other than those desc ribed o n Exhibit A are desired by Client, and the time period for completion of such Services makes execution of an Addendum impractical pr.or to the commencement of BR W's performance of the requested Services. BR W hereby agrees that it shall perform such Services upon the oral request of Client. pending execution of an Addendum. at its standard hourly billing rates. 1.3 BR W will perform the Services as an independent contractor. and shall not be deemed. by vinue of this Agreement to have entered into any partnership. joint venture or other relationship with Client. 1.4 Tim Baldwin is designated by BRW as the Project Manager for BR W's Services. Lauri Dannemiller is designated by Client as the Client's Project Manager. Either party may rely upon the representations. approvals o r other actions of the other party's Project Manager. 1.5 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AT COMMON LAW OR CREA TED BY STATUTE, IS EXTENDED, MADE OR INTENDED BY THE PROVISION OF PROFESSIONAL SERVICES AND ADVICE OR BY THE FURNISHING OF THE PROFESSIONAL WORK PRODUCTS PURSUANT TO THIS AGREEMENT . 1.6 Our duties do not include supervising your contractors or commenting on . overseeing, or providing the mean s and methods of their work, including job site safety. We will not be responsible for the failure of your contractors to perform in accordance with their undenakings. and the providing of our Services shall not relieve others of their responsibility to you or to others . 1.7 If required as pan of the Services. BRW may assist Client in applying for and obtaining permits and approvals from governmental units with jurisdiction over the project. However. BR W cannot be responsible for any failure to issue. delay, or conditions imposed by such governmental units. ENGLEWOOD AGRMT Rev. August I. 2000 ) I • 0 • • • • ·,, • - 1.8 If BR W's perfonnance is delayed due to factors beyond our reasonable control. or if project conditions or the scope of work change, BR W will give timely notice of the change and receive an equitable adjustment of compensation. SECTION 2: CLIENT'S RESPONSIBILITIES 2.1 Client agrees to provide BR W with all known infonnation. conditions, standards. criteria and objectives which affect the Services. and BR W shall be able to rely on the accuracy of such infonnation . 2.2 Client agrees to provide BR W with access to the si te . if necessary to complete BR W's Services. 2.3 Client will examine all studies, reports. sketches. drafts or other documents prepared by BR W for C lient 's review in a timely manner. and generally render decisions and provide infonnation in such a manner as to prevent delay of the Services. 2.4 Client shall be responsible for infonning BR W of the presence oi any hazardous or potentiall y hazardous materials on the site. Under no circumstances shall BR W be responsible for the release. handling, treatment . storage or disposal of hazardous materials. and Client shall indemnify BR W for an y claims related to the Services that ma y arise out of the presence of hazardous materials . SECTION 3: DOCUMENTS AND REPORTS 3.1 Documents. diagrams. sketches. surveys. computer files. working drawings . and an y other material s created or prepared by BR W as pan of its perfonnance of this Agreement (the "Work Products ") are instruments of BR W's service for use solely with respect to this project . However. if Client uses the Work Product for purposes other than those intended, Client does so at its own risk , and Client agrees to release BR W from an y liabilities and /or legal responsibilities arising from the unauthorized reuse of the Work Products . BR W shall retain copies and may use such Work Products in connection with Client's use of the project. 3.2 If Client does not make payment in full as provided in this Agreement. Client agrees to deliver all Work Products previously transmined to Client upon demand by BRW. and not to use such Work Products for any purpose whatsoever until payment in full has been received . 3.3 Project records and Work Products will be retained by BR W for a period of five years following completion of the Services. Project financial records will be retained for a period of three years. Client understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware. which may become unavailable over time . SECTION 4: COMPENSATION 4.1 Our pricing of this work is predicated upon your acceptance of the conditions and allocations of risks and responsibilities described in this Agreement. BR W agrees to perfonn the Services for the estimated fees and expenses described on Exhibit C anached hereto and made a pan hereof. An estimate or statement of probable cost is not a firm figure unless stated as such . 4.2 BR W will submit invoices to Client monthl y. Client will pay the balance stated in the invoice within thirty (30) days , unless Client infonns BR W in writing of objections to the invoice within that thirty day penod. Any retainer paid by the Client hereunder shall be credited to BR W's last invoice for Services rendered . 4.J Any invoiced amounts outstanding after thirty days will bear interest at the rate of I .5% per month ( 18% per annum), or the maximum pennissible by applicable law, whichever is less . from the thinieth day following the date of the invoice. until paid . 4.4 The prevailing pany shall be entitled to recover all anorneys' fees dispute resolution fees . coun costs and other expenses incurred in the collection or anempted collection of any amounts due under this Agreement. ENGLEWOOD AGRMT Rev. August I , 2000 • ) I • 0 • • -• • ' .. • - 4.S At BRW"s option , BRW may temporarily cease to perform the Services or elect to terminate this Agreement if invoiced amounts are unpaid sixty days after the date of any invoice. In no event shall BR W be liable for any damage or expense resulting from such termination or work stoppage. 4.6 Client's obligation to pay for the Services shall not be reduced or in any way impaired by Client's inability to obtain financing, governmental approval of the project, or for any other cause. No deduction shall be made from any invoice because of penalty, set-off or liquidated damages . SECTION S: RISK. DISPUTES AND DAMAGES S. I The panies agree that all disputes between them will be submitted to a mutually agreeable neutral mediator. as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apponioned equally between the panies. 5.2 BR W shall not be responsible for delays caused by factors beyond its reasonable control. including but not limited to delays caused by Acts of God, accidents, failure of any governmental or other regulatory authority to act in a timely manner. or failure of Client to furnish timely information or to approve or disapprove BRW"s Work Products promptly. 5.J Neither party will be liable to the other for special. incidental. co nsequential or punuive loss es o r damages . including but not limited to damages resulting from delay. loss of use . loss of profits or revenue . o r cost of capi ta l. 5.4 Neither party will be liable to the other unless s uit is commenced within tw o )C ar of the date of loss o r mj ury . or within two years after the completion of Services. whichever is earlier. Client agrees to nottfy BR W o f any claimed negligent act. error or omission within a reasonable date of its discovery and to provide BR W with the opponunity to investigate and to recommend ways of mitigating damages as a condition precedent to litigation or other remedies provided by law . S.S BRW will maintain general liability , automobile liability. workers compensation and professional liability insurance policies. Cenificates of insurance will be provided to Client upon request . SECTION 6: MISCELLANEOUS PROVISIONS 6.1 This Agreement contains the entire understanding of the panics hereto in respect to the transactions contemplated. and supersedes all prior agreements and understandings between the panics with respect to the Services . 6.2 Neither party may assign this Agreement without the wrinen consent of the other pany. but BRW may enter into subcontracts for ponions of the work upon notice to Client. Advanced written approval by the C lient is required for all subconsultants contracted for this project. 6.J Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party . 6.4 Client shall be re sponsible for all state and local gross receipts. sa les. use. val ue added or personal propeny taxes, however designated . or amounts in lieu of the above taxes paid or payable by BRW . including interest or penalty assessed against BR W for such taxes through no fault of BR W. Client also agrees to furnish BR W upon request any exemption cenificates. proof of payment or other documentation requested by BR W. 6.S Each provision of this Agreement is intended to be severable. If any provision of this Agreement is declared illegal or invalid for any reason. such illegality or invalidity shall not affect the remainder of this Agreement. 6.6 This Agreement shall be interpreted according to the law of the state in which the BRW office conducting this work is located, as specified in the first paragraph of this Agreement . ENGLEWOOD AGRMT Rev. August I. 2000 • ) I • 0 • • • • )ii,:, .. • • 6.7 This Agreement may be terminated in writing by either party upon seven days written notice . Client shall pay BRW all fees and reimbursable expenses incurred up to the date of termination . 6.8 This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part of the Agreement : Exhibit A, "Services", Exhibit B, "Addendum Form", and Exhibit C. "Fees". IN WITNESS WHEREOF , the panies hereto have caused this Agreement to be executed effective the day and year first set forth above. BRW, INC. CLIENT The City of Englewood By : _____________ _ By : _____________ _ Its : _______________ _ Its: ________________ _ Date : _________________ _ Date : ________________ _ ENGLEWOOD AGRMT Rev. August I , 2000 • ' ' . ' I • 0 2 J • • • ... Task I: Needs Assessment • • - EXHIBIT A SERVICES BRW will work with the City and with medical center and downtown organizations to develop a survey instrument to distribute to as many local employers as possible. The purpose of the survey will be to determine the current travel panems and future travel needs oflocal employees in the study area. with a focus on determining the extent of desired travel between and among the medical center, downtown. and the CityCenter Englewood development and LRT station . The survey will focus on three major areas : employee travel to and from employment centers within the area associated with the LRT station: employee travel throughout the study area during the day (lunch, shopping, etc .); and an anecdotal assessment by employers and retailers of pote ntial visitor usage of the shunle system . BRW will develop (with the help of staff and steering comminee) and print the survey forms , with the medical ce nter. chamber of commerce. and othe r organizations being responsible for distribution to and collection from employees . BRW wi ll then collate and analyze the form results and make them available to the city staff and ste ering comminee. BRW also will examine RTD data on LRT station ridership once the Southwest Corridor line is open, and will examine and anal yze an y other relevant data on local bus ridership that could have an impact on the shunle system. BRW also will conduct research on other similar shunle systems locally and in other parts of the country to determine issues and opportunities that can be applied to this project . As requested by the Steering Committee. at the end of this task BRW will meet with project staff and others to examine the results of the needs assessment and will within one week make a decision on proceeding with the additional tasks . Cost: $9 ,892 .00 Schedule : To begin at Notice to Proceed (N TP ), duration of I month . Task 2: Scheduling Recommendations Using the data from the survey, BRW will develop an operations plan for the shuttle system . with a number of alternative scenarios based on hours of demand , seasonal needs . phasing and staging related to development ofCityCenter Englewood. integration and coordination with RTD LRT and bus service, and other variables. The operations plan will determine specific routes. headways. stops, and generalized traffic impacts of each scenario , with corresponding recommendations on fleet size and associated equipment needed . BRW will work with city staff and the steering comminee to make specific recommendations on scheduling and operations . Cos t.· $7 ,712 .00 ENGLEWOOD AGRMT Exhibit A -1 Rev. August I. 2000 • ) I • 0 • .. ,I. .. • -' Schedule : To begin I month after NTP, duration of I month total (can start before completion o f data collection, but final recommendations will depend on results of survey). Tuk 3: Feasibility Study BRW will develop funding requirements based on the results of the scheduling and implementation scenarios developed in Task 2. This will include : an assessment of capital requirements (primarily vehicles, including an evaluation of purchase vs. lease); an assessment of operations and maintenance costs; an assessment of potential fares and fare structures (including potential integration with the RID fare system) and corresponding revenue estimates (for a minimum of five years); an assessment of operating subsidies and potential funding sources ; and an assessment of and recommendations on operating entities. Cost: $9,692 .00 Schedule : to begin I !I: months after NTP, duration of I Yz months. ENGLEWOOD AGRMT Exhibit A-2 Rev.August/, 2000 , . .,; ~ • ) I • 0 - • -----~ ----r------------------~------------,.~----- ;. ·>' • • - EXHIBITB ADDENDUM FORM Addendum No. to Services Agreement .. This Addendum to that cenain Services Agreement dated , 2000. is made effective as of , 2000, by and between the undersigned parties. The Addendum immediately preceding this Addendum was dated , 2000. I . Services to be provided: 2. Fees : 3. Schedule: By ______________ ~ Its ________ _ Dated-------------- BRW, INC. By ______________ _ Its ________ _ Dated-------------- 700 South Third Street Minneapolis, MN 55415 ENGLEWOOD AGRMT Exhibit B -I Rev.August I. 2000 .. ) I • 0 X 1 •' • • • - EXHIBITC FEES .. This contract is for a lump sum amount not to exceed $27,296, with invoices to be sent from BR W to the Client monthly on a percent complete basis . ENGLEWOOD AGRMT Exhibit C -I Rev .August I, 2000 , . . ' ... ) I· 0 • • • ORDINANCE NO . SERIES OF 2000 '",· • • - BY AUTHORITY A BILL FOR .. COUNCIL BILL NO . 68 INTROD UCEfJ~ COUNCIL MEMBER JNJ~ AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE ENGLEWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT DISTRI CT PLAN ENTITLED "PLANNED UNIT DEVELOPMENT SIGN STANDARDS". WHEREAS. the Englewood City Council approved the "Planned Unit Development District Plan, Englewood Town Center PUD" by the pass a ge of Ordinance No . 82 . Series of 1998; a nd WHEREAS, Ordinance No . 82. 1998 , a pproved the P 'D District Plan with conditions, condition No . 3, required the s ubmission of a s1g nage plan for Zoning Commission review prior to t he issuance of the first sign permitted within the P U D; and WHEREAS, the passage of this ordinance approves t h e sign standards for the Englewood Town Ce nter PUD; and WHEREAS , the Englewood Town Ce nter Planned U nit Development District Plan Design Standards and Guidelines were created to prov ide s ite planning and design direction based on the unique nature of the project; and WHEREAS, the S tandards and Guidelines help to reinforce the relationship of the uses and establish the character of the development, a ch a racter that is also reinforced by the signage; and WHEREAS, at the ume of the adoption of the PUD , s p ecific sign criteria for the development had not been developed : and WHEREAS, rather than leave signage consideration out of the Design Standards and Guidelines , the current Comprehensive Zoning Ordina nce sign regulations we r e incorporated: NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon I. An Amendment to the Englewood Town Center Planned U nit Development District Plan entitled "Planned Unit Deve lopment Sign Standards", attached hereto as "Exhibit A," is hereby accepted and a pproved by the Englewood City Council. Introduced, read in full , and passed on first readin g on the 7th day of August, 2000 . -I - • .... I • 0 - ) Ex cess i ve S1gnabl e A re.J .J aamon cJ I ~111<10 -., .,,gns no r ·"> bi t> •n t,'1e ~ onl..,tos I • • , . J ~ .. • 't - Excessire Si1nabl• Area • • I • C, • I - ucess1ve S,gnab le Area I • • I• ~,· .. .. • • I -... •, .. Preferred Example of Restaurant Entry and Canopy Signage • • I • 0 • 3 ---------------------------~~----c--~--------~,-----..... • ' .. ... .. • -' 0 PreferrM Eumple of Business or Residential Entry Si1n • I • 0 • X -------··--,----.------\------.----------.-----• -I j\, .. ' • - Preferred UM of Suspend«! Si1n • • I • 0 • - • • • .. .. APPENDIX Planned Unit Development Sign Standards -• • • CityCentar Enl--«I Date July 26, 2000 .. • 1 ~ I· 0 - • • • -----:.,-·----------------------,---------~------..,"". -----• .. • -.. Published as a Bill for an Ordinance on the 11th day of August, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I, Loucriahia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and pa1111ed on first reading on the 7th day of August, 2000. Loucrishia A. Ellis -2- ) I • 0 • -.. • - • • SIGN STANDARDS Englewood Town Center PUD Attachment Number 9 • I! X ... I B ' T A . . I· 0 3 X • • • Jr ~•· 3.6.1 3.6.2 3.6.3 3.6.4 3.6.5 3.6.6 3.6.7 3.6.8 3.6.9 3.6.10 3.6.11 3.6.12 3.6.13 3.6.14 3.6.15 • • -.. Table of Contents General Statement Sign ReQu irements and the Des ign Review Process Signs Subject to Permits Signs Not SubJect to Perm its Signs Subiect to Temporary Permit Illumination Requ irement Perm iss i b le Sign Mater ials Perm iss i b le Sign Types Maximum Perm itted Sign Vo lume / Area Permiss i b le Sign Locat ions & Methods of I nstallat ion Auxi li ary Graphics Joint ID Signage Resident ial Signage Office Signage Maintenance and Upkeep 1 I • 0 • • ... .. • - Introduction A Vision for Ci tyCenter Englewood CityCenter Englewood is t he realization of a master plan to create a unique urban env ironment that enhances th e economic. social. phys ic al and cultural l ife in th e Denver metropo l itan area . This proiect offers a strong sense of community to people mov in g t o the metrop lex and to our act ive lifestyle. by combining art in public places . live performance venues and an urban mix of retail shopping and res i dent ial. CityCenter creates a memorable . distinctive and human environment that is easily access i ble by the light rail transit. Th e convenience of d iagonal parking in front of the retail district reinforces the feel of community within an urban fabric . Supported Values The City encourages retail tenants and residential property owners to take advantage of the three- dimensional sign criter ia allowed by the "Creat ive Signs" standards. These standards give preference to creative signs utilizing three-dimensional volume . unique ang les. shapes , materia ls. color and lighting to express the character of th e business and th e surround i ng urb an env ironment . • The volume signs capture th e viewer 's eye as he /she trave ls around t he vol ume of th e sig n . This creates longer and greater vi ew ing of the business exposure whi le adding entertainme nt value to the experience . The rights of th e retail tenants should not subord in ate th e rig hts of the i r res1dent1al ne ighborhood. The mix of ret ail and res1dent1al must respect the ba lance of the urban vi ll age . All areas exposed to publ ic view with i n and surrounding the Planned Unit Deve lopment (PUD ). will be reviewed by the Creat ive Sign Standards Criteria . Retai l tenants . residential entry identificat ion and common areas shall avo id li near or boxy forms in preference of dynamic curves , angles . materials and lighting of signs with volum e. lil All retail tenants and residential development owners are encouraged to express th ei r own unique design statement w1th1n t he parameters of the des ign criteria for signs and "common area " street graphics . General Statement The City of Englewood recogn izes that signs w1th1n Eng lewood Town Center PUD are a necessary means of visual communication for the convenience of the pub li c and th at 1t 1s the right of those concerned to 1dent1fy their businesses or services . Therefore. the City encourages un i que and i nnovat ive urban signs and street graphics , not only to aid in the creat ion of shopping and commerc ial areas but also to enhance and improve the character of the PUD as a whole . 2 • 0 I • 0 • • • • • 3.6.l.l Signs shall be we ll-designed, legible and appropriate to the uses permitted . as well as compatible with their surroundings and with the build i ngs to which they pertain . Spec ial consideration must be giv en to the following : 1. Materials 2 . Illumination 3. Scale 4 . Color 5. Dimens ion . rel ief or proiection 6 . Architectural quality 7. Movement 3.6.l .2 Signs must be structura lly sound and constructed of high qual ity, durable mater ials appropriate to an urban setting . 3.6.l.3 Signs must strike a reason ab le balance between the right of i he i nd ividual to 1dent1fy hi s or her business and the right of t he publ ic to be protected aga inst t he vi sual discord resu lt i ng rom the unrestricted pro liferation of signs and similar devices. 3.6.l.4 Signs should not obscure the vision of motorists. and /o r compete or conflict with necessary traf fic signals or other regulatory devices . 3.6.l .5 Signs should be uniquely designed to create a harmon io us relat io nship with the i r surround i ng environment . U.l Sign Requirements and the Design Review Process . 3.6.2.2 Sign Spec i fications In order to help Tenants of the PUO design and i nstall signs th at perform these f unctions, the City Council has deemed that proposed signs should comply with the specif ications se t forth 1n Sections 3 .6 .6 through 3 .6 .1 1. Proposed signs that do not comply with these spec ifications may be approved only where compliance with these spec ifications are not prac tical or feas i ble or where they would prohib it a design so lution that embodies the spir it of this Ord in ance . 3 • I I • 0 ....... • • • • . . • - 3.6.2.3 Design Rev iew Process Prior to i nstall i ng any sign . the Tenant (or Owner or Authorized Agent ) must complete the Design Review Process. 1. Application for Rev iew Not later than seven (7) days after taking occupancy in the PUD . t he Tenant shall subm it three (3) copies of the application for the proposed sign to the City. Th e app li cation shall consist of drawings for the proposed sign and a copy of the permit aop l icat1on spec ified i n section 3 .6 .3 .1. The City shall verity that the application 1s complete. Any i ncomp lete app licat ions will be returned to the Tenant. Within seven (7 ) days of rece iving the app licat ion. the City sha ll verily th at t he proposed sign compl ies with the spec 1f icat1ons set forth in sect io ns 3 .6 .6 through 3.6.11. and : a. If the proposed sign 1s found to comp ly with the spec1ficat 1ons. th e City sha ll forward the app li cation t o the Design Rev iew Board with in t hree (3 ) days. b. If the proposed sign 1s found not to comp ly, the City shall not ify t he Tenant. W1th1n seven (7) days . the Te nant sha ll have th e opt ion to mod i iy the design and re-app ly or to notify the City that he or she reQuests a variance from th e spec i fic at ion s . In the latter case . within t hree (3 ) days the City shall subm it the app l1 cat 1on and a non-compl iance report to the Des ign Review Board . 2. Design Review All proposed signs shall be reviewed by a three-member Design Review Soard ("the Board ") consisting of an i ndependent design profess ional appointed by t he Ci ty Counc il. t he PUD site plan Arch itect and the PUD Plan Admin istrator. No later than ten (l 0) days after rece iving all app li cab le materia ls fro m the Ci ty . the Board shall rev iew the proposed sign and notify the Tenant 1n writing of either: a. Approval. i n wh ich case t he Tenant 1s sub 1ec t to obtain i ng a permit and subseQuent installation of t he sign . b. Re 1ect1on . c. When reiecting a proposed sign . the Board sha ll list t he reasons for th e re1ect1on . The Tenant shall then have ten (10) days to either : 3.6.2.4 1. Submit a new application to the City and begin the Design Rev iew Process again . The new appl ication can be for either a new design or for a vers ion of the original des ign modified according to the Board 's comments: or 2 . Begin the appeals process as outlined i n Section 2: Adm 1nistrat1on of this PUD . Sign Modi fications Any Tenant wishing to modify an approved sign must complete the Des ign Re view Process set forth in this section for the proposed modification . 4 . ' 0 I • 0 - • • • -· • . ",• • - 3.6.2.5 Supplemental sign e lements Supplemental elements 1n add it ion to the pr imary sign may be included as part of the primary sign . The maximum area of supplemental sign elements may be up to thirty (30) percent of the primary sign area . Secondary sign elements can consist of shapes that accent the sign visually but do not pertain to the message of the primary sign . These elements may project beyond the allowable volume at the discretion of the Design Review Board . 3.6.2.6 Postal Address Requirement All storefronts must display a plainly visible and legible postal address . The address must be located above the door frame of the main entrance and must be made of vinyl-applied . painted or fo il leaf characters three (3) inches in height in a contrasting color to the surround ing . ater1als . Style and application of these addresses shall be un iform throughout t he PUD . 3.6.2.7 Store front Signs Sign Des ign Criteria for In-li ne Tenants Inc lude : • Sign height above fl oor : Bottom of sign to be 8 ' minimum . • Letter size: Proport ional letters requ ired . See spec if ic gu ide li nes set wi thin eac h of th e four (4 ) different tenant sign types . Note : Letter d imensions of greater proportions may be considered 11. 1n the Design Review Board's opinion . the sign des ign 1s of except ion al merit and architectural quality. • Location on storefront: 15' maximum height from grade in mu lti-tenant bu ddings and 8 ' min imum except window signs . • Neon rheostat controls are to be integral with transformers for Des ign Rev iew Board 's ad Justment . No skeleton neon -all neon is to be backed by a so li d shape or open meta l channel outlining on exterior signs . • Box or cabinet type of signs are not allowed. • Electrical raceways are not to be v1s1ble . • Signs must comply with all codes and regulat ions. must bear the U.l. labe l and must have current sign permits . ~ Signs Subject to Permits It sha l l be unlawful to disp lay , erect. construct , relocate or alter any sign without first filing with the City an appl ication in writ ing , pay ing appl icable fees and obtaining a sign permit . If a sign has been displayed . erec ted. co nstructed . re located or altered without su ch permit or not 1n accordance with t he terms of suc h permit. the sign must be removed within five (5 ) calendar days of official notice . When a sign permit has been issued by the City, it shall be unlawful to change. modify, alter or otherwise deviate from the terms or conditions of said permit without pr ior approval of the City. A written record of such approval shall be entered upon the original permit appl ic at ion and ma i nta ined in the files of t he City. 5 • • • 0 I • 0 • • 3.6.3.l Application for Permit '. ,, . ., • .. • - Application for a sign permit shall be made by the owner or tenants of the property on which the sign is to be located, his or her authorized agent or a sign contractor licensed by the City of Englewood. Such applications shall be made in writing on forms furnished by the City and shall be signed by the applicant. The City shall. within five (5) working days of the date of the application , either approve or deny the application -or refer the application back to the applicant in any instance where insuffic ient information has been furn ished . If the City finds that work under any permit issued 1s not in accordance with the information supplied in the permit application and/or is in v1olat1on of this or any other pertinent ord inance : or should it be found that there has been any misrepresentation in connection with the application for the permit, (including a non-suffic ient funds check ). the sign owner , lessee or erector shall be notified of such findings and that the v1olat1on must be corrected w1th1n f ive (5 ) working days of notice . If such correction 1s not made . the permit shall be revoked and written notice thereof shall be served upon the sign owner of erector. No person shall proceed with any part of such work after such not ice 1s received . The owner . lessee of the sign or the owner of t he property on which the sign 1s located sha ll have the ri ght to appeal the dec ision of the City 1n the manner proved for in subsection l 6·2·8A of the Eng lewood Mun1c :pal Code . If actual work either on· or off.site 1s not commenced under any sign perm it issued within sixty (60) days from the date of such permit. the permit shall automatically become null and void . Delays which are not a result of willful acts or neglect of the contractor. owner or person obtaining the permit may be excused and the City may grant an extension of time in whic h to start of resume operations . All requests for extensions and approval thereof shall be in writ ing. When any permit has been revoked under the terms of this Section . permit tees shall not be refunded . 3.6.3.2 Plans. Spec1ficat1ons and Other Data Requested The application for a sign permit issued by City shall be accompanied by t he following plans and other information : The name, address and telephone number of the owner or person ent it led to possession of the sign and of the sign contractor or erector: the locat ion by street address of t he proposed sign structure: complete information as required on applicat ion forms provided by the City, including a site plan and elevation drawings of the proposed sign drawn to sca le. capt ion of the proposed sign and such other data as is pert inent to the application : plans 1nd 1cat 1ng t he scope and structural detail of the work to be done. inc luding details of all connect ions . guy l ines. supports and footings and materials to be used: applicat ion for an electrical perm it for all electrical signs and the required i nformat ion for such application : and a statement of va lue or cost of the sign . 3.6.3.3 Permit Fees A permit fee shall be paid to the City for each sign permit issued under this Sect ion. The perm it fee shall be in accordance with the fee schedule established by the City Council. 6 • I • 0 J l •! • • • I• ... ,I, • • ' 3.6.3.4 Identification and Marking of Electrical Signs Each electrical sign hereafter erected or remodeled shall bear thereon a c learly legible identification plate not exceeding six (6) square inches i n are , stating the name of the person. firm or corporation responsible for its construction and erect ion , with i nstallation date and permit number and shall be marked with input amperes at full load i nput. Identification plates. labels or stickers must not be vis i ble from any part of the common area . l. All electric signs shall be constructed of non-combustib le mater ial. An electric sign shall be rain tight, but service holes fitted with waterproof covers may be provided to each compartment of such sign . All electric signs i nstalled or erected in the PUD shall meet or exceed standards set by the Underwri ters Laboratories . Inc. 2 . No electric sign shall be erected or maintained that does not comply with City electrical code. 3 . No electric equipment or electr ical apparatus of any ki nd that causes interference with radio or television reception shall be used i n the operation of an i lluminated sign . Whenever interference is caused by a sign that is unfiltered . improperly fi ltered or otherwise defect iv e . or by any other electrical dev ice or apparatus connected to the sign . a member of th e Des ign Review Soard may order the sign disconnected unt il 1t is repa ire d. Licensing and Insurance Requ,rements Any person . firm or corporat ion engaged i n the business of in sta lli ng. erec u ng. moving or maintaining a sign in the City of Englewood shall be duly licensed by th e Ci ty. .a.M Sips Not Subject to Permits No perm it shall be required to carry out maintenance to a conforming sign 1f no struc tu ra l changes are made . The follow i ng signs displayed for non-commercia l purposes . may be ere cted and maintained within the PUD without permit. Such signs shall be in addition to all other signs perm itted in the PUD, providing such signs do not require direct electrical wiring and conform to setbacks and other phys ical characteristic requ irements of the designated PUD . Even thou gh permits are not required for the following signs. wall-mounted signs shall be located only in the s1gnab le area and window signs shall conform to the spec 1f icat 1ons set forth in Sect ion 3 .6 .8 .3 . This restrict ion shall not apply to holiday decorations or to short -term advert1s1ng as prov ided in subsect ion 3 .6 .4 .11 . 3.6.4.l Bulletin Boards Bulleti n boards for pub lic. charitable or religious institutions . wh ic h are not over twelve (12) square feet i n area and which are located on the premises of sa id 1nst 1t ut1 ons . 7 ~ ,. .. • ) I • 0 • • 3.6.4.2 Election Signs , .. .. • .. • - Election signs shall not be posted more than forty-five (45) calendar days pr ior to the election to which the sign relates and shall be removed within fifteen (15) calendar days follow ing the elect ion to which the sign relates . Election signs must be window or wall-mounted signs and shall not be a banner of paper or cloth . Each election sign shall not exceed twelve (12) square feet of total sign area . 3.6.4.3 Flags Flags of nations or an organization of nations. states and c ities . and not exceed i ng thirty-five (35) square feet in area. 3.6.4.4 Holiday Decorations Signs in the nature of decorat ions . clear ly inc idental and commonly assoc iated with any national . local or religious hol iday ; provided that such signs shall be displayed for a per iod of not more than sixty (60) consecutive ca lendar days . Such signs may be of any type, number, area . height . location . 1lluminat1on or animat ion and sha ll be located so as not to con fl ict with traff ic regu latory devices . 3.6.4.5 ldeolog,cal Signs Two ideolog ical signs not more than twelve (12) square feet 1n total sign area . 3.6.4.6 Memorial Signs Memor ial signs or tablets giv ing the name of bu ild ing and date or erect ion . whe n cut into any masonry surface or inlaid so as to be part of the build ing. 3.6.4.7 Public Signs Signs required or specifically authorized for a publ ic purpose . 3.6.4.8 Symbols Symbols or crests of national , state, religious , fraternal, profess ional and c ivic organ izat ions. 3.6.4.9 Contractor Signs A sign not more than thirty-two (32) square feet in total sign area . which names the contractors or sponsors engaged in construction on the property where the sign is located. 8 • ,. 0 I • 0 2 ] • • • • "• ,, • • 3.6.4.10 Real £state Signs Signs which advert ise the sale. rental or lease of the premises upon wh ich said signs are located shall comply with the following standards : 1. Residential uses shall be permitted one sign of not more than six (6) square feet per face i n area. Such signs shall not extend or project over any property line. 2 . Commercial. office and industrial uses shall be permitted two (2) signs of not more than sixty-four (64) square feet total. 3.6.4.ll Shon-Term Advertising Signs In addition to other permitted signs , Tenants may display short-term advertising signs. provided such signs are limited to window or wall -m ounted signs. Short-term window signs sha l l not cover more than ten (10) percent of the window are 1n add it ion to that spec ifi ed in subsect ion 3 .6 .8 .3 . Short-term advertis i ng signs shall show the date in stallat ion or d i sp lay and shall be l imited to a two (2) week period of display, after which a permit sha l l be required . li.2 Signs Subject to Temporary Permit The following signs may be disp layed un der the cond1 t 1ons described . uoon grant in g a temporary perm it . 3.6.5.l Special event signs are permitted in add 1t1on to all oth er signs allowed for a permitted use . Such signs shall be li m ited t o no more than eight (8 ) feet in height . sha l l not exceed ten (10) square feet in are and sha ll not be disp layed for more th an th i rty (30 ) calendar days . One spec ial event sign may be perm itted in add 1t 1on to all oth er signs. Suc h sign shall be li mited to wal l or window signs . Such sign shall not be more than twenty (20) square feet in area and sha ll not be displayed for more than th irty (30 ) calendar days . ti.§ Illumination Requirement Al l signs must be i lluminated during hours of darkness and only during the tenant's normal business hours , subJect to the following provisions: 3.6.6.l Means of Illumination Permissible means of illumination i nclude i ncandescent , halogen, fluorescent. neon and exposed neon tube . Internally illuminated or non-illuminated paniflex/plastic canopies or individual plast ic letters are prohibited . 3.6.6.2 Maximum Brightness The maximum brightness of i lluminated signs shall be fifty (50) foot-lamberts as measured one ( l) foot from the source of light. 9 .. ) I • 0 • • • 3.6.6.3 Color of Light '. ,. • .. • - Signs may be i lluminated with a variety of colors . provided the colors do not conflict with traffic signals . 3.6.6.4 Flash ing illumination Prohibited on all signs are lights or i lluminations that fl ash. move. rotate. scint illate . bl i nk . fli cker . vary in intensity, vary i n color or use intermittent electrical pu lsations . 3.6.6.5 Animated Graphics Animated signage and graphics are encouraged . prov ided that proposals for such meet all requirements in this ordinance. 3..§..1 Permissible Sign Materials Fabrication and i nstallation sha ll comp ly with all app ilc ao le local . stat e and nat ion al electric codes . All s1gnage mate ri als sha ll be UL rated fo r exterior use . And. all signs are sub ject t o th e following prov isions : 3.6.7.1 Paper. paniflex material , formed plastic, 1n1ect 1on-mo lded pl ast ic and typ ical box -ty pe signs are strictly proh1b1ted . 3.6.7.2 Sign fabricator plates . labe ls or stickers must not be direct ly v1 s1bl e rom an y part of th e common area . }.U Permissible Sign Types 3.6.8.1 Pro1ect1ng Signs A pro1ect i ng sign is a sign attached to and pro jecting from the building wa ll i nto a d i fferent plane than that of the build ing wall. Generally, these are 3-d1m ens1ona l scu lptural signs composed of d i mensional letters and iconic forms relating to Tenant 's 1dent1ty. (see examp le in 3 .6.9.2) 10 ,. • I ... ) I • 0 • • • 3.6.8.2 Individual Letters :· ;._l .. • .. • -.. 1. Silhouette or Halo-Illuminated Letters. Fabricated meta i letters with po li shed . brushed or baked enamel painted finish, backlit with warm white neon or neon in a contrast i ng color. Letterforms must have a return thickness of a minimum of three (3 ) inches in depth . 2. Exposed Neon . Exposed luminous tub i ng letters or graph ic forms . The acceptab le range of neon tubing is between twelve (12) and si xteen (16) mil li meters in t hickness . Dimmer transformers must be used on all exposed neon tubes . No exposed t ubing crossovers . raceways or transformer boxes are perm itted . A min i mum of two (2) colors must be used . All exposed wall-mounted neon. except secondary neon graphic elements . must be graph ically supported with simi lar graphic shape or contained within a channe l. 3. Applied Letters on Glass . Si lk screened paint. foil leaf or machine cut vi ny l letters or logos . Letters or logos must be appl ied t o the Tenant 's side of the storefront glass as least t hree (3) feet above fi nished floor . Letters or logos may not exceed four (4 ) inc hes i n he ight . 3.6.8.3 Window Signs Wi ndow signs shall not occupy more than ten (1 0) percent of the tota l area of t he wi ndow i n which they are displayed . Th is ten (1 0 ) percent maximum coverage sha ll inc lude all signs excep t short -term advertising signs . Signs displayed twelve ( 12 ) inc hes or less from t he inter ior of windows shall be debited aga i nst the square foot area allowed a perm itted use . Wi ndow signs i n windows above the ground floor are li mited to letters or log os, not to exceed four (4 ) in ch es i n cap he ight . 3.6.8.4 Wall-mounted signs Any mater ial that coord i nates with the c harac ter and design of t he Tenan t's storefront and features t he Tenant's name and /or logo i n a flat. decorat ive . two -d imens iona l p lane wit h 3- dimens ional -look ing painted. appl ied or carved /sculpted rel ief graph ics . Wa ll -mounted sign graphics must cons ist of graphics in a dimensional manner or di mensiona l graphics at leas t one - half {l /2) i nch th ick. A border/reveal of at least t hree (3) i nches must be main tained . Rectangular. box and flat signs are discouraged. 3.6.8.5 Canop ies Shade and decorat ive structures over the storefront entry and /or wi ndows must be construc ted of a rigid meta l frame with an exterior grade fabric cove ri ng . Inte rn ally il luminated or non - i lluminated pan1fle x/plast ic canop ies are str ictly proh i b ited. 3.6.8.6 Banners Banners and flags that prov ide i nformation re lated to the goods and serv ic es sha ll be constructed of exter ior grade fabric. 11 ,. ' ~ A I • 0 • • • • • -' 3.6.8.7 Mo vement m Signs Signs may employ visible mechan ical movement by means of moving, revo lving or rotating parts . Gauges and dials may be an im ated to the extent necessary to display correc t measurement. Signs with movement are sub1ect to the reg ulations stated under Subs ec tion 3 .6 .6.4 . 3.6.8.8 The Following Sign Types Are Encouraged: • 3-0imensional volume signs • Reverse channel . halo illuminating letters as part of a proiecting 3-0im ensional volume sign . Guaranty 3ank, Oenve,. CO • Exposed neon recessed m open meta l channel letters. JAX ' sn "'10\.se :el"~e, :o 12 • 0 ) I • 0 J • • -• -·-----------------------;----------~-----~-,-• ...... • -.. • Internally-l it routed fascia with push-through plexiglass letters or graph ics . Tommy Tsunam i's, Denver. CO • Edge-lit. sandblasted glass {cont i nuous li ght source. no spot li ghts }. • Cast metal letters . ra ised or flush with fasc ia surface . • Gold leaf on glass or stone . • Si lk-screened glass or meta l pane ls. • Threshold signs flush with floo ri ng -wood . tile . stone. metal are allowed 1ns 1d e tenant entry, but are NO T allowed in exte ri or common area . • Ind i rect Il lumination on non-in terna ll y i lluminated signs . 3.6.8.9 Prohib i ted Signs • Vacuum formed or in iect 1on-molded plastic signs . • Cab i net or "can " signs with 1llum1nated translucent backgrounds and si lhouetted letters. • Exposed ske leton neon app lied d irectly to fascia element. • Freestand i ng tripod signs . • Flash i ng , sc inttl lat1ng , moving, sequenc i ng , aud i b le or odor produc in g signs. • Paper , cardboard and styrofoam signs. • Cred i t card and advert1s1ng placards , decals , stickers or t rademarks . • Manufacturer labe ls. • Carpet or rubber entry mat signs. • Interna l ly i lluminated awnings . M.j Muimum Permitted Sien Volume / Area 3.6 .9.l Basis for Computation of Sign Vo lume I Area For the purpose of determining the total allowab le sign area for buildings wi th more than one frontage , the follow i ng cr ite ri a apply : 1. Buildings with more than one Tenant are defined as 'Multi-Tenant Buildings'. Buildings where a single Tenant occup ies the entire building envelope are defined as 'Single-Tenant Buildings'. 13 .. I • 0 • • • 0 0 - S g~s -na I oe 'oc ated 2n an ' side ::i • e ::iu aing ou ,h e :otal sign area on any on e s,ae o ;:-, o ild,ng 'Tlav '10 exceed :~e area oe,-i,;;ec on , e bas is oi t at 're rage cons,a ered n eoencen I o c t er ·,or:ages. : a :iu la ng 1as more :ran :ire ·rcr:age :~e -nax ,r.L s1g area ~or the building s :iasec or ;:,e :o al 'lori zon al e'lg:-J: 1ct ~ore :~an :we ~on 1guous 're tages. 3 .6.9.2 S,ng le-:enanrs ,,, a free-srana ,ng :Jao er :e ranrs .v ,c ave r ~O .JOO s.' Tenants mth ore han one 'romage n a 'ree stan 1ng singie :e nant :i il d:rg a e a110 ve one .v al !-o n ea or pro1ec t ing si gn oe r ·r ontage. :o a ax , um o : ree 3) ou, 10,r g 'aces. :':ac sign snail be a max, um size as notea .n sec :1o n 3.5 3 ,~ ! :erian s n :he :iuo re allow a :he ·o,10 .v ·~5 s,g., "\ces .v i~"" a .::or-o nee ~-a •.,i'L-:~ s·~ .... c::c.:. area :er ·,ontage as no tec n sec :1on 3 5 9 ::: arc .3 5 ? 2 r·••ne :erian s n a r:iu,t1-~erian1 :::u11c rg .v i ~""' ::.o ·r or :a es .Jn ~Mg e ,voca ~ar .. :,a. Jr:~ ..... ~ pa ..... ~5 SiCE ,J ; t .e D l~1r g ·a c rg :;,e -ar"""::>.:e-~ ... e,...~e 3r €" a ·""'1a1 ria-.r :re 'J ,..,.v , .... S c::r: r.. s1g ··,ces Jr :JC -ac:ess,c t: ... c~·ases ~ .. - 4,~· . ·-· -~---=-~~~~ .. -- ,; -1 b . i3 !ade signs are flat. proJec : ~g s,g•s. :::) c e-·acea m a ax, o· :we 2 · s.' pe r ;1 e 5 1aae signs ma be interna 1 1 "~ ·a:e: '.:ne : 01aae s,gn ;ie r 'rontage sallowed , aac 1 10 n o wa l l or ::iro1ec:ing s g, , 14 ) I - • • • • ' ... .. • -' c. One window sign with a maximum size of two (2) s.f. if used in combination with other sign types on the same frontage (i e: canopy signs & blade signs), applied to the interior side of the glass . CKS COFFEE . -IJ' --w·:t f 8 ~·-;~ ,, •• I • i . ' ' ' ·.. '. ' ,.,. .. \, ll Starnucks Coffft . l 6tn StrNI Mall/Otnve<. CO d. One (1 l sign per canopy , either the business name i n text only on the canopy fascia or t he symbol/logomark exc luding logo type identification per canopy. The l;igo/symbol not to exceed two (2) s. f. in size . centered on the slope canopy surface . Maaiano's llttle Ita ly, Denver ?av ,1 ,ons,Oenve1 . CO 15 ,. '· ... • I • 0 - • • -• • '. • -.. Formula for surface area of projecting volume signage and wall-mounted signage To encourage use of volume signs : To determine the total area. count the area of the largest face of a volut'T'e sign , drawing a li ne around the rect ili near form to i nclude the largest two dimensions. A B --··-- 5' I I ( Volume sisnace Examp le: Volume signs offer thr ee (3) sides (A. B. Cl fo r calculating s1gnab le area (3 ' x 5·, 4 ' x 5 ·, 3' x 5 ') for a total s1gnabl e area of fifty (50) sq. ft. However. only the area of the larges t face will be countea (4 ' x 5· = 20 sq . ft .). D t f---4'-- Flat. wall-mounted signage Flat, wal l-mounted signs offer one ( 1) side for calculating s1gnab le area (4 ' x 5 ') for a total signab le area of twenty (2 0) s.f . The example of a volume sign allows 50 s.f. af actual s1gnab le area . To encourage use of 3-dimensional volume signs . only the area of the largest side will be calcul ated and co unted toward the tenants ' total allowed square footage. (I n this examp le 20 sq . ft.) On ly the Tenant occupy ing the ground level of a build in g may in sta ll a pro1ecting volume sign and pro1ect1ng volume signs are limited to one (1) per Tenant. Volume Pro1ecting Signs on Multi-Tenant Buildings The total allowable area for pro1ecting signs on multi-tenant buildings shall be based on the length of a tenant 's frontage along the primary facade . according to the following calculation : Tenant Buildin1 Fronta1e x . 7 • Maximum Allowable Sian Area Example : 125 ' of Frontage x .7 = 87 .5 s .f. 16 .. 0 I • 0 • • • • ,~ • .. .. ·~ • -.. 3.6.9.3 Signs subject to a Limit on Area (Non-pro1ec t mg Signs ) These signs. referred to collect ive ly as ·non-proiecting signs '. inc lude the follow i ng : ind ividual letter signs , wall -mounted signs . canop ies. banners and flags . The max i mum permitted area for non -projecting signs shall be computed accord in g to the fol low i ng provis ions : 1. Regular Shape . In comput i ng the area of a sign , th is section shall be admin istered using standard mathematical formu las for regu lar geometric shapes . i ncluding, without limitation . triangles , paralle lograms , ci rcles . ell i pses or combinat ions thereof . 2. Irregular Shape . In the case of an i rregularly shaped sign or a sign with letters or symbols directly affixed to a build ing, the area of the sign is the entire area within a si ngle continuous rectilinear perimeter of not more than eight straight lines enclosing the extreme limits of any writing , representation . emblem or any fi gure of similar charact er, together wi t h any mater ial or color form ing an integral part of background of the disp lay if used to differentiate such sign from the backdrop or structure aga i nst wh ich it 1s p lace d . 3. More than One Element. The tota l surface area of non-proJect i ng signs compose d of more tha n one sign element inc ludes the verti ca l and hor izon t al spac i ng betwee n ea ch element of t he sign . 4 . Length. The lengt h of a non -pro jec t ing sign shall not excee d fi fty (50 ) percent of the lengt h of the wa ll or t he width of the leased space of the wa ll on wh ic h 1t 1s locate d . wh ichever 1s less . 5 . Non -Pro1ec t mg Signs on Mu l ti -Tenant Buildings . The total allowab le area for non -p ro1 ec ting signs on multi -tenant bu i ld i ngs shall be based on the length of a tenant 's frontage. ac cording to the foll ow i ng calculat ion : (multip le frontages allow the same formu la for eac h frontage ) Total Buildin1 Frontap x 1.2 = Maximum Allowable Si1n Area Thus , a tenant with t hirty-five (35) li near feet of frontage wo ul d have forty -two (4 2 ) square feet of allowab le sign area (35 x 1.2 = 42 ). 6. Si ngle-Tenanr 8u,ld1ngs . The tota l allowab le area for non -pro jec ti ng signs on sing le-tenant bu i ld ings sha ll be based on the area of the bui ldi ng , accord i ng to t he foll owing calc u lat ion : Total Buildin1 Area x .020 = Maximum Allowable Si1n Area, not to exceed l , 000 square feet. Thus . a tenant occupying a 20 ,000 square-foot build i ng wou ld have 400 square feet of all owab le sign area (20 ,000 x .020 = 400 ) . 17 ' .. . ' • ) I • 0 • • -• ff ~,. 3.6.9.4 Type A F~standin1 Retail Tenant Requirements (50,000 s.f. or ~ater) • • - The following requirements app ly spec i fically to all Type A Tenant signs: 1. One wall-mounted or volume sign is perm itted per store frontage. Volume signs are l imited to one per tenant. Tenants occupy i ng corner spaces may utilize one sign per elevation with a max i mum of three (3) signs . One of these signs may be a vol ume sign on a corner when facing the inter ior of the deve lopment on both effected frontages. To encourage volume signs, the corner is the only option to give exposure to the fourth si de of the building . 2 . In all cases where blade signs are used. blade s1gnage area is not to exceed four (4) s .f.. with total sign area inc l ud i ng armature not to exceed six (6) s.f . Total blade sign s.f. of building signage on the street side . 3 . Max imum he ight of letters on st orefronts sha ll be l imi ted to: All Caps : 72 " Two size letters : 96 " Lead ing letter 72 " Remain in g text 4 . All signs must be 3-D 1m ens 1on al. fini shed on all sides wi th a max imum ret urn of six (6 ) in c hes . (No fl at . painted pane l signs ). 5 . Tenants sha ll foll ow all add it iona l Genera l Requirements as l isted . Type B Freestandin1 Retail Tenant Requirements (20,000 s.f. to 49,999 s.f.J The following requ i rements apply spec i fically to all Type B Tenan t signs : er ca, height 130' ----------~ ~~~~~~~~~~~-}r-.aizo1ri[~~~~~~~~~~~~~~ m fl lin11r tut tor sigo 1150% of hildiag tron11g1 (in linur tutl . 1. One sign is permitted per store frontage . Tenants occupying corner spaces may ut 1l1 ze one (1) sign per elevation with a maximum of three (3) signs . One of t hese signs may be a vo l ume sign on a corner when fac ing the i nterior of the deve lopment on both effected frontages . To encourage volume signs. the corner is the on ly opt ion to give exposure to the fourth side of the bu il ding. 2 . In all cases where blade signs are used , blade signage area is not to exceed fou r (4 ) s.f ., wi th total sign area includ ing armature not to exceed six (6) s.f . per side . Tota l blade sign s.f . effects maximum s.f. of building s1gnage on the street side . 18 • • I • 0 • -• ~ • • . .. • - 3 . Maximum height of letters on storefronts shall be limited to: All Caps : Two size letters : 40" 48" Leading letter 40 " remaining text 4 . All signs must be 3-Dimensional, finished on all sides with a maximum return of four and one-half (4-1/2) inches. (No flat , pa i nted panel signs ). 5 . Tenants shall follow all additional General Requirements as li sted . Type C Freestanding and ln/ine Retail Tenant Requirements (10,000 s.f. to 19,999 s.f.J The following requirements apply specifically to all Type C Tenant signs : t·i U" ca, height \ 130 ' ---------------\ . -~_-rt,L,Y'::_c ·• . . 'Ill. f..YPIUU:O •• , U11111111 tor 1i1• at SI% ot hil•i•t treot111 Ii• liour 11111 . 1. One sign is perm itted per store frontage. Tenants occupying corn er spaces may uti li ze one sign per elevation with a maximum of three (3) signs . One of th ese sigrs may be a volume sign on a corner when facing th e interior of the development on both affected frontages. To encourage volume signs . th e corner 1s the on ly option to give exposure to th e fourth sid e of the building. 2. In all cases where blade signs are used. blade s1g nage area i s not to exceed four (4) s.f., with total sign area i nc luding armat ure not to exceed six (6 ) s.f. Total blade sign s.f . effects maximum s.f. of building s1gnage on the street side . 3 . Maximum height of letters on storefronts shall be l 1m1ted to : All Caps: Two size letters : 34" 42" Leading letter 34 " remaining text 4 . All signs must be 3-Dimensional. finished on all sides with a maximum return of 4-1 /2". (No flat , painted panel signs) . 5 . Tenants shall follow all additional General Requirements as l isted . 19 • • I • 0 • • • ,,.-- • ) . •' • -' Ty~ 0 FrHStanding and lnline Retail Tenant Requifffllents (up to 9,999 s.f.J The following requirements apply spec i fically to all Type D Tenant signs : .. 1. One sign 1s permitted per store frontage . Tenants occupying corner spaces with two (2) frontages may utilize one sign per elevation with a maximum of two (2) signs. One of these signs may be a volume sign on a corner when fac i ng the i nterior of the development on both affected frontages . End-cap tenants in a multi-tenant building , with three (3) frontages will be allowed a maximum of three (3) primary signs. 2 . End cap tenants in a multi-tenant building, with three (3) frontages will be allowed a maximum of three (3) primary signs . 3 . In all cases where blade signs are used, blade signage area is not to exceed two (2) s.f ., wi th total sign area includ i ng armature not to exceed four (4 ) s.f. Total blade sign s.f. effec ts maximum s.f . of building signage on each frontage. 4. Max i mum he ight of letters on storefronts shall be li mited to, All Caps : Two size letters , 18" 24" Leading letter 18" remaining text 5 . All signs must be 3-Dimensional. finished on all sides with a max i mum return of ou r and one-half (4-1 /2) inches . (No flat, painted panel signs ). 6 . Tenants shall follow all additional General Requirements as listed. M,_lQ Permissible Si1n Locations I. Methods of Installation 3.6.10.l All signs shall be mounted in accordance with the City of E:ig lewcod 's def i n 1t 1on of ' Signab le Area ': that area of a building facade up to the roof li ne which is free of windows and doors or maier architectural detail and may be enclosed by an imag i nary rectang le. No sign may extend above the roof l ine of a building except as permitted ,n Sect ion 3.6 .10.7 , 'Parapet-Mounted Signs'. If, because of the design of the build i ng , a Signab le Area cannot be identified. the Design Review Board and the Tenant will determine a su itable area for s1gnage . 3.6.10.2 He ight Signs shall not be taller than one (l) floor or fifteen ( 15) feet i n he ight. whichever is less . When different tenants occupy adjacent floors of a multi ple-story build ing, signs may extend on ly from the windowsill of one tenant 's floor to the windowsill of the neighboring tenant above . 3.6.10.3 Projecting Signs l. Clearance . All projecting signs shall have a clearance of eight (8) feet from grade level to the bottom of the sign. 2. The minimum horizontal distance between projecting signs on a building shall be fifteen (15) feet. 20 0 I • 0 • • • • • -.. 3 . Any pro1ecting sign shall be mounted no less than six (6) inches and no more than one (1) foot away from the bui lding wall or the farthest projecting element (be lt courses . sills. etc .) that is adjacent to 1t on t he build in g fa~ade. 4. Maximum projection shall be five (5 ) feet from the building. 5 . Projecting signs shall be centered on the nearest vert ical colum n-like coursing cl osest to the tenant entry. 3.6.10.4 Wall-mounted Signs 1. The total area of all wall-mounted signs on a face of a building may not exceed fifteen ( 15) percent of the area of that port ion of the bu il din g face between ground level and the roof li ne or a line fifteen (15) feet above grade leve l. whichever 1s less. 2. No part of a wall-mounted sign may be located more th an fifteen (15) fee t above grade leve l on a multi-story bui ld i ng . 3 . No wall -m ounted sign may be attac hed to or di sp layed against any parapet wa l l th at does not extend around the ent i re perimeter of th e roof enc losed by th e parapet. 4. No wall-mounted sign may be displayed on th e wall of a mech anic al room or penthouse or other such enc losed space which 1s not hab itab le by the occup ants of the building . 3 .6 .10.5 Canopy Signs 1. Structural metal and glass canopy . Sig ns ust be mo un ted par al lel to t he front edge of t he canopy. 2. Rigid metal frame or retractab le can opies must have an exter ior grade fabr ic covering . S,gns must be appl ied to th e front edge. top /sloped face of the can opy per Section 3.6.9 .2 . 3 . Retractable canopy with an exterior grade abric covering . S,gns shall be appl ied to the front edge of the canopy . Add 1t 1ona l graph ics may be app lied to the top of the canopy. 3.6.10.6 Suspended Signs A suspended sign may not exceed ten (1 0) square feet ,n tota l area : may not pro1ect beyond the outside li mits of the architectural pro1ect1on to wh ich 11 1s anached : and sha l l ha ve a m1n1mum clearance above the sidewa lk of eight (8) fee t. The minimum perm1ss 1b le horizont al distan ce be tween suspended signs 1s fifteen (15) feet. 3 .6.10.7 S1gnage Envelope Adjacent to Res idential and Offices Where fi rst floor in line retail tenants signage i s permitted up to a max i mum of f ifteen ( 15) feet from grade /surface leve l. the following appl ies . • No li ghted projecting volume sign , whether interior illuminated . exposed neon or spot lighting may create a glare into residences or offices in the upper leve ls of multi -level buildings . • · Il lum i nated signs may only be on during business hours . • The signage envelope is defi ned as a radius of 2 ' -0" from window or glass door on the second level. M..ll Auxiliary Graphics Aux ili ary graphics are signs or graphics that are physically separate from the sign required by Sect ion 3 .6 .5 .1. Auxi l iary graphics are permitted , subject to the following l imitations: 21 • .. A I • 0 • ,,-. • I • •,. • -' 3.6.11 .l Menu d isp lays A Tenant may mount a d isp lay to li st ava i lable menu items or services . Menu displays must be mounted adJacent to the Tenant 's entry and they must complement the arch itectural context of the bui ldings to which they are mounted. Menu d isp lays shall comply with th e fo ll ow i ng cond itions : 1. The total area of a menu d isp lay shall not exceed two (2) square feet. Th e area allowed for menu displays 1s in add 1t 1on t o the allowable area or volume fo r the Tenan t's primary s1gnage . 2 . The source of illum 1n at 1on of menu displays must not be v1s1bl e to pedestrians . Al l mounting hardware and electrica l ducting must be concealed or i ntegrated into the disp lay design . J..U2 Project and Joint Tenant Monumentation Signage 18' 15" 25' Scale: 0.25" a 1' Perm itted Location fo r Pro1ect and Joint Tenant Monumentation • Minimum one (1 ) ft . setback from property l ine or sidewa l k. whichever creates the greatest safety for pedest ri ans . • Monument signs must not visually encroach on architecture of freestanding pads within t he PUD • Electron ic message boards are prohibited. • No movement allowed 1n the boundary monument signs . • Maximum of 6 tenants per face on the monument sign . double sided plus project 1dent 1fi cat 1on . • Max height of tenant l istings on Joint tenant monument signs 1s fifteen ( 15) inches . • Type A tenants are li mited t o twenty five (25) s.f. per side . • Type B , C & D tenants are l i mited to ten ( 10) s.f. per side . • The Resident ial proJect may have a separate monument sign with C.C.E. proiect identification as a text li st ing or logotype . 3.6.12.l Joint ID monument signs shall be permitted for PUD tenants . On ly four (4) joint I D monument signs shall be permitted 1n the PUD . A max i mum of four (4) to be located on the West Hampden Avenue frontage. The maximum area of each joint ID monument sign shall not exceed one hundred-fifty (150) square feet . The maximum area of each individual tenant sign with i n the joint ID monument sign shall be based on the following formula, but in no event less than ten 22 • 0 I • 0 • • • • 1-...... • -' ( 10) square feet. nor more than twenty-five (25) square feet . No more than 6 tenants per joint tenant monument sign . double faced. The individual tenant listing in text or as a logo must not exceed fi fteen (15) inches in height. Total tenant building area= Maximum tenant joint ID monument sign area Tenants less than 50.000 s.f . = 10 s.f . Tenants over 50,000 s.f . = 25 s.f. max u...u Residential Signage All res idential properties may have s1gnage near or above each main ent rance. Residen ti al entry signs shall be perm itted up to f ifty (50 ) cu bic feet of pro jecting sign volume or thi rty (30) sq uare feet of non -pro,ecting sign area . Add it iona lly, the fo llowing two (2 ) types of s1gnage are perm itted : 3.6.13.l Ca nopies Cano py si gns m us t conform to th e spec 1fi cat 1ons out lin ed in Sec tion 3 .6 .9 .2 3.6.13.2 Appli ed Letters on Glass Window signs must conform to the spec ificat ions outl ined 1n Section 3 .6 .8.3 and 3 .6 .9.2 3 .6 .13.3 D1rec tor1 es for Multi-Tenant Res idential Bu i ldings Res1dent 1al bu i ld ing tenants on the second or upper leve l fl oors may be list ed on an exterior wa ll mounted d irectory not to exceed six (6) square feet. Direc t or ies may pro1ect up to one (1 l foot from t he face of t he bu i lding. It may be both internally and externally ill um in ated . No l ig ht source may be v1s1b le to pedestrian traff ic. li.,il Office Signage 'Of fi ces ' are def ined as commerc ial or bus iness spaces without direct street access . 3 .6 .14 .l Projec ting signs for offices are proh ibited . 3.6.14.2 Offic e £ntry Canop ies A sing le graph ic identify ing a common ident ity, such as the name of the build ing , street address or shared space name is permiss ible . 1. S1gnage may occur on canopy surfaces that are parallel to the build ing fa~ade to wh ich the canopy is attached . 23 •· . . . I • 0 - • • • • I• . , .. .. . ~ • • ' 2 . Because canop ies are architectural features that may only inc identally incorporate signage, not all the area of the canopy will be counted as signage . The volume of the canopy to be calculated as signage will be verified by the City according to the following criteria : a. The face area of typography and graphics . b. The two (2) maximum dimensions of iconographic 3-Dimensional sign fi gures. 3.6.14.3 Office build ing entry features other than canopies may be erected . subJect to the Des ign Rev iew Process . 3.6.14.4 Directories for Multi-Tenant Office Buildings Office building tenants on the second or upper level floors may be listed on an exterior wa ll mounted directory not to exceed six (6) square feet . Directori es may proiect up to one ( 1) foot from the face of the building. It may be both intern ally and externa ll y i lluminate d . No li ght source may be visible to pedestrian traffic . lill Maintenance and Upkeep Tenant's must maintain the sign on their premises . 1n good structural condit ion at all times. All signs. inc luding all metal parts and supports thereof that are not ga lv an iz ed or of rust-resistant metals , shall be kept neatly painted . A member of the Design Review Board is authorized to inspect and may order the painting, repair , alterat ion or removal of a sign that const itutes a hazard to safety, health or public welfare because of inadequate maintenance. d i lap1dat1on or obsolescence . 24 • , . •. ~ ' -... 'I ~ • .. I • 0 • • -• • • - COUNCIL COMMUNICATION DATE: August 7, 2000 AGENDA ITEM 11 a i SUBJECT: Englewood Town Center PUD Signage Amendment INmATED BY: Englewood Environmental Foundation PREVIOUS COUNCIL ACTION: STAFF SOURCE: Harold J . Stitt , Senior Planner, Community Development Department City Council approved the Englewood Town Center Planned Unit Development as Ordinance No. 82, Series of 1998 on November 11 , 1998 . PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission approved the proposed signage amendment at a public hearing on July 18, 2000 . The Planning Commission previously approved the Englewood Town Center Planned Unit Development on October 27 , 1998 . RECOMMENDED ACTION: The Community Development Department recommends that Council approve on first read ing the Ordinance authorizing the proposed amendment to Englewood Town Center Planned Unit Development District Plan Design Standards and Guidelines Appendix Attachment Number 9 Sign Standards and set September 5 , 2000 as the date for the Public Hearing. BACKGROUND: The Englewood Town Center Planned Unit Development District Plan Des ign Standards and Guidelines were created to provide site planning and design direction based on the unique nature of the project. The Standards and Guidelines help to reinforce the relationsh ip of the uses and establish the character of the development, a character that is also reinforced by the signage . At that time of the adoption of the PUD , spec ific sign criteria for the development had not been developed . Rather than leave signage consideration out of the Des ign Standards and Guidelines , the current Comprehensive Zoning Ordinance sign regulations were incorporated. With site design , architectural character, and details complete , the Foundation is requesting that the signage standards and guidelines of the PUD be repealed and replaced with the attached signage regulations . The proposed signage regulations differ from the current Sign Code by placing emphasis on design rather than strict requirements . The Standards create categories of uses with minimum requirements . In addition to these categories , the Standards also define sign types specifically identified for CityCenter . The most notable feature of the Standards is the Design Review • I • 0 J- • • • • l• ~-· ... .. • • Board that will review and approve all sign designs . The Board will help to insure overall design integrity throughout the development. The Planning and Zoning Commission, in their deliberations , offered three amendments concerning prohibited signs and references to joint identification signs locations . These amendments have been incorporated into the proposed sign regulations. UST OF ATTACHMENTS: Bill for Ordinance Proposed Signage Amendment G:\EVERYONEIU!KiH ANN\AGENDAIAUGUST 7\CC ETC SIGNAGE.DOC 2 .. ... ) I • 0 • • • ORDINANCE NO . SERIES OF 2000 1,. .. ~ .. • .. • - BY AUT HORITY A BILL FOR .. COUNCIL BILL NO. 66 !NTROD~IW;C~ MEMBER~~ ..l'}'i,._~~=======""'-- AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM TOM G. KING. WHEREAS , Tom G. King has agreed to sell the property described on the attached Warranty Deed to the City of Englewood , Colorado ; and WHEREAS , the purpose of this sale is to provide the City with a multi-use hike/bike/channel maintenance path known as the Big Dry Creek; and WHEREAS , this property will also help to conserve the creek riparian habitat a nd enhance the flood channel; a nd WHEREAS , the property will be purchased for the City by the South Suburban Parks Foundation ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The City a ck11owledges and agrees that the So uth Suburban Parks Foundation shall pay the purchase price of ten thousand five hundred dollars for the Big Dry Creek Trail. Sectjon 2. The Warranty Deed for a piece of property co ntaining approximately 14,628 square feet, located on South Santa Fe CU'cle , Englewood. Colorado, from Tom G. King to the City of Englewood, attached hereto a "Exhibit A," is hereby accepted and approved by the Englewood City Counctl . Introduced, re ad in full , a nd passed on first reading on the 7th day of August, 2000 . Published as a Bill for a n Ordinance on the 11th day of August, 2000. Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -1- • , . ' ' ) I • 0 - • • • • ), ~., .. .•. • - I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoin g is a true cop y of a Bill fo r an Ordinance, introduced , read in full, and passed on first reading on the 7d' day of August , 2000. Loucrishia A. Ellis -2- • ,. ' .. . ' ' ' ... I • 0 - • • • • • - WARRANTY DEED ...... o"'-IJ,,L TBISDEED, made this .-<. O dayof,r::-f, 20CYJ. between TOM G. KING . GRANrORAND IBE CrIY OF ENGLEWOOD. COLORADO. a Home Rule City existing under and by virtue of the laws of the State of Colorado. grantee: whose legal address is 1000 Englewood Parkway. Englewood. Colorado 80110. WITNESSE'nl, That the grantor. for and in consideration of the sum of ten thousand five hundred dollars ($ 10.500.00). the receipt and sufficiency of which is hereby acknowledged. has granted. bargained. sold and conveyed. and by these presents does grant, bargain. sell. and convey unto the grantee. its successors and assigns forever. all the real property together with improvements. if any . situate. lying and being in the City of Englewood County of Arapahoe and State of Colorado. descrtbed as follows: A parcel of land being a part of Lot 3 and 4. Englewood Commercial Industrial Center located in Section 9. Township 5 South. Range 68 W as shown on attached "Exhibit A".est of the SiXth Prtncipal Mertdian . Arapahoe County. State of Colorado. being more particularly descrtbed as follows: NOTE : For the purpose of this description the b earings are based on the westerly line of said Lot 4. bearing North 00°04"00" East. Beginning at the Southwest Comer of said Lot 4: Thence North 00°04·00· East. 165.95 feet. along the westerly line of said Lot 4: Thence South 43°36"15" East 148.21 feet: Thence South 46°44"37" East. 108.71 feet. to the southerly line of said Lot 3 : Thence North 85°01 · 15· West. 42.80 feet. along the southerly line of said Lot 3 to the Southwest Comer of said Lot 3. also being the Southeast Comer of said Lot 4: Thence North 85°00·00· West . 139.48 feet. along the so utherly line of said Lot 4 to the POINT OF BEGINNING . Containing 0.3358 acres. or 14628 square feet. more or less. TOGl:TIIEll. With all and s ingular the hereditaments and a ppurtenances thereunto belonging. or in anywise appertaining. and the reversions . remainders . rents . issues and profits thereof: and all the estate. light. title interest. claim and demand whatsoever of the grantor. either in law or equity. of. in and t o the above bargained and sold premises. with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described . with the a ppurtenances. unto the g rantee . its successors and assigns forever. And the grantor for itself. its successors and assigns. does covenant. grant. bargain and agree to and With the grantee. its successors a nd assigns. that at the time of the ensealing and delivery of these presents. it is well seized of the premises above conveyed. has good. sure. perfect. absolute and indefeasible estate of inheritance. in law. in fee simple. and has good light. full power and lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid. and that the same are free and clear from all fonner and other grants. bargains. sales. liens. taxes. assessments . encumbrances and restrictions of whatever kind or nature whatsoever . • .. ) I • 0 - • • • • .. • • The grantor shall and Will WARRANr AND FOREVER DEFEND the above bargained premises In the qutet and peaceable possession of the grantee, its successors and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. lllf WIIW 11111!:REOF, The grantor has caused his name to be hereunto subscribed the day and year first above Wlitten. SfATE OF COLORADO. County of Arapahoe =f I }ss. I • "'·H The foregoing instrument was acknowledged before me this ~ day of "7u4i . 2000, by Tom G . King. Witness my hand and official seal. My commission expires: -2- .. • •· 0 3 X • • • • •· '\· .. .. • • DESCRIPTION A parcel of land being a part of Lot 3 and 4, Englewood Commercial Industrial Center located in Section 9 , Township 5 South. Range 68 West of the Sixth Principal Meridian. Arapahoe County. State of Colorado, being more particularly described as follows: NOTE: For the purpose of this description the bearings are based on the westerly line of said Lot 4 , bearing Nortl'I 00•04·00" East. Beginning at the Southwe5t Comer of said Lot 4; Thence North 00"04'00'' East. 165.95 feet, along the westerly li ne of said Lot 4 ; Thence South 43~'1 5" East. 148 .21 feet; Thence South 46•4A'3i" East. 108.7 1 f eet , to the southerl y line cf said Lot 3 ; Thence North es•o n 5" West. 42.90 feet, a long the soutl".eny line of said Let 3 to the SouthweSt Comer of said lot 3 , also being the Southeast Comer of said Lot 4 ; Thence North 85°00'00" West. 139.48 f eet, along the southerly line of said Lot 4 to the POINT OF BEGINNING . Containing 0 .3358 acres . or 14628 square feet. mere or less . I hereby certify that the acow legal description was prepared under my direct supervis ,on . Page 1 of 2 .. I! X H ' • ' T A. . . I· 0 • • '· ,, • • -' E~HI Bi rn :: .i.,.3 ,c:==: ( .~1 E L :) T 4 ----..._, 1 w : 0 - 0 11) -O'> ~ 11) 0 0 c..o 0 0 ©,weSTeRn s,aTes SURWVll'JG,lnc. '90~9 =-~ST ~!A.!,1 J1'I V€. SIJIT£ Z 5 2 ""'K:1'. L 0L01'A CO 4 0 TJ • (J OJ} ,u r -7 •J6 . ~ : : :: . '~.:: 9'.' .... 9 :.·..,:· ~.,_ • .., ;~,vc. ;u,r( ::.· :.!'JP•£~ ~ .... ~ ::;,-1 (;C, .10'~-., .,, .f ) J J I~ ·1 l lf :. \AC',t \AE:"1 ... :::, ~1 =-~ T~-.c~: : "-·o ::E" . · .......... ~ ci O o -7 ··o ~· ,'}' . •.) . _...,... -'• / ' 8 .::·0 ·1 7 4. ·, 8 r-. '-· V OWNER : TO MM Y KI NG 0 SO UTH SUBURBAN PAR K FOUN DAT ION ~LC . RE DATE. u i /,)o/ 2000 TOMM KI NG PARCEL DR W'<: RB .CS J OB NO. 9 9 7 1 -00 3 -r :_-owe. 'IIAM E ENGLE 'ND -. • ) I • 0 ....... • • -. I • Date August?,2000 • .. • -' COUNCIL COMMUNICATION Agenda Item 11 a ii Subject: Acceptance of a Grant Property from Tom G. King. INITIATED BY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance# 40, Series 1993 -Intergovernmental Agreement between the City of Littleton , the South Suburban Parks and Rec rea tion District , and the City of Englewood for the funding of the preparation of the Big Dry Creek b ic ycle Tra il Master Plan . City of Englewood contribution - $8,457 .50 . Ordinance # 41, Series 1994 -Intergovernmenta l Agreement between the City of Littleton , the South Suburban Parks and Re creation District , and the City of Englewood for the development of the Big Dry Creek Pedestrian/B icyc le Trail Project from the South Platte River Trail to Progress Park in Littleton . Total Project cost -$757 ,000 . City of Englewood contribution -$38,458 1998 Budget-Council budget approval of $40,000 for the City ~nglewood contribution to the Big Dry Creek Trail Project. 2000 Budget -Council budget approval of $40 ,000 for the City of Englewood contribution to the Big Dry Creek Trail Project. Ordinance # 2, Series 2000 -Approval of Quit Claim Deed of RBI Property for Big Dry Creek Trail Development. RECOMMENDED ACTION Staff recommends Council approval of a bill for an ordinance authorizing the acceptance of a grant of property from Tom G . King , for the continued development of the Big Dry Creek Pedestrian/Bike Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The development of the Big Dry Creek Pedestrian/Bike Trail began in 1993. The City of Englewood , the City of Littleton , the South Suburban Parks and Recreation District , and the South Suburban Park Foundation have been partners in this project. The bike path through Belleview Park was completed in 1998 . The next phase for construction is the section from Windermere to Santa Fe . Construction of this phase of the project is to be completed in year 2000 . As part of the Windermere to Santa Fe phase , Tom G . King has agreed to sell the 14,628 square feet of property, located on South Santa Fe Circle , to be part of the Big Dry Creek Project. Maintenance of the pedestrian/bike path will be performed by the South Suburban Park and Recreation District. • I· 0 - ] • • • ·~: .. .. .. ... • -' FINANCIAL IMPACT There is no financial impact to the City of Englewood. The property will be purchased by the South Suburban Park Foundation for $10,500 . The property is located within the City of Englewood . Therefore, the property will be deeded over to the City of Englewood. LIST OF ATTACHMENTS Proposed Ordinance Warranty Deed ,. • " . . ~ . • ) I . C, a2 x I, • • • l r,· ORDINANCE NO . _ SERIES OF 2000 .• .. • . ' ' • - BY AUTHORITY A BILL FOR .. COUNCIL BILL NO . 69 INTROD~ MEMBER-~~.-.-.-.. ...... .....;.;:"'""'~ AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD. COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL. WHEREAS, the City has accepted grants of right-of-way and easements to provide land for the construction of an extension of the Big Dry Creek Trail: and WHEREAS, South Suburban Park and Recreation DLStnct will be constructing the Trail facilities from Windermere to the intersection of the Creek with the South Platte River at no coat to the City ; and WHEREAS, this construction easement will allow the South Suburban Park and Recreation District access to the City's property and easements to construct the Trail facilities ; SOW, THEREFORE , BE IT ORDAINED BY THE CITY COt;SCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : 5es;tjgp l. The City Council of the City of Englewood . Colorado hereby authorizes the "Temporary Conatruction Easement" for the Big Dry Creek Trail between South Suburban Park and Recreation District, attached hereto as "Exhibit A". Sectigp 2. The Parks and Recreation Director is hereby authorized to sign on behalf of the City of Englewood . Introduced, read in full. and passed on first reading on the 7rH day of August, 2000 . Published as a Bill for an Ordinance on the 11th da y of August, 2000 . Thomas J . Burns, Mayor A'M'EST : Loucrialua A. Ellis. City Clerk -1- • I I • 0 2 • • ------, . ..--·~----;---;---'---:----7".--,i • .. . .... • -' I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoinr is a true copy of a Bill for an Ordinance. introduced, read in full. and puaed on first reading on the 7th day of Aurust. 2000. Low:riahia A. Ellis -2- • .,; ' ' • ) ·I. 0 2X • • • ··-.. . ,. • -' IPJPQRARY CONSTRUCTION EASEMENT THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD , COLORADO. (hereinafter referred to as "the City"), Grant.or and SOUTH SUBURBAN PARK AND RECREATION DISTRICT,-----------~----- -Colorado 80 __ . WHEREAS, the City and South Suburban Park and Recreation District wish to enter mto a cooperative arrangement to allow for the construction and maintenance of the Big Ory Creek Trail located along Big Ory Creek from Windermere Street to the intersection of the Creek with the South Platte River. WHEREAS, to bring a bout tlus Trail, the City has accepted grants of property so the City now owns a Right-of-Way or easement along the majority of the Trail where it lies in Englewood . WHEREAS , South Suburban Park and Recreation District will be constructing the Tra i l facilities from Windermere to the intersection of the Creek with the South Platte at no cos t to the City and for this consideration. the Grantor will allow t he use of the following described property for co nstruction of said T r ail facility . WHEREAS, the Temporary Construction Easemeut shall be for the real property loca ted in t he County of Arapahoe , State of Colorado more particularly described as: Tract 1: North Parcel: The South 50' of Lot l , Block l , Randall's Subdivision ~iling '.llo . 2. City of Englewood, Arapahoe County Colorado Containing 25 .800 square feet more or less South Parcel: The :1Jort h 50' of Lot l, Block l , Randa ll's Subdivision Filing '.llo . l , Amendment !:1/o . l , City of Englewood, Arapahoe County Colorado Containing 26.400 square feet more or less. S&1d property contains 52 .200 square feet more or less and is located witlun Arapahoe County Enterprise Zon e . Tract 2 : A parcel of land being a part of Lot 3 and 4. Englewood Commercial lndustrtal Center located in Section 9 . Township 5 South, Range 68 W . West of the Sixth Principal Meridian . Arapahoe County. State of Colorado, being more particularly described as follows : NCYI'E : For the purpose of this description the bearings are based on the westerly line of said Lot -l. bearing North 00°04'00" East . • I! X ... I II I T A ... ) I • 0 - • • -• ..------~------------------~~~~----------.------• f• ~ •• ... • - Beginning at the Southwest Comer of said Lot 4 : Thence North 00°04'00" East. 165.95 feet. along the westerly line of said Lot 4: Thence South 43°36'15" East 148.21 feet: Thence South 46°44'3T East. 108. 71 feet. to the southerly line of said Lot 3 : Thence North 85°01 · 15· West. 42.80 feet. along the southerly line of said Lot 3 to the Southwest Comer of said Lot 3. alao being the Southeast Comer of said Lot 4 : Thence North 85°00"00" West. 139.48 feet. along the southerly line of said Lot 4 to the POINr OF BEGINNING . Containing 0 .3358 acres. or 14628 square feet. more or less. Tract3: 1be Big Dry Creek Trail System Easement as s hown on the Englewood Commerdal Industrial Center Plat filed In Arapahoe County Colorado at Reception 92-378 57 Book 105 Page 24 on Aprtl 17 . 1992 NOW , THEREFORE . it is agreed betwee n the City a nd South Suburban Park and Recreation District as fo llows : The City hereby grants to South Suburban Park a nd Recreation District and its representative contractor a temporary conatructlon easement upon the property described above solely for the conatructlon of a trail facility as described in the construction drawings for the Big Dry Creek Trail lmprovementa made for South Suburban Park and Recreation District dated July 2000, project 82-065.064 , and for the regrading the surrounding :uea. Thia agreement shall terminate upon completion and a pproval by the South Suburban Park and Re<.-reation Dis trict. or, by mutual agreement . a t a n earlier date IN WITNESS WHEREOF . the parties he reto have set thelJ' hands and seals as of the __ day of , 2000 . CITY OF ENGLEWOOD . COLORADO By: _______________ _ Jerrell Black, P a rks and Recreation Director -2- •· .. • I 'I 0 I • 0 • • • I ~ t\• . .. -·~ • - SOUTH SUBURBAN PARK & RECREATION DISTRICT By: ____________ _ STATE OF COLORADO COUNTY OF ARAPAHOE 88 . SUBSCRIBED AND SWORN to before me by _________ of .. South Suburban Park and Recreation District thia __ day of ______ _ _ 2000. Notary Public My commiuion expires : -3- • ,. .. ' ... I . 0 - • • • Date August 7, 2000 • • - COUNCIL COMMUNICATION Agenda Item 11 a iii Subject: Temporary Construction Easement for Big Dry Creek Bike /Pedestrian Path . INmATEDBY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance# 40, Series 1993 -Intergovernmental Agreement between the City of Littleton , the South Suburban Parks and Recreation District, and the City of Englewood for the funding of the preparation of the Big Dry C reek bicycle Trail Master Plan . City of Englewood contribution - $8,457.50 . Ordinance # 41. Series 1994 -Intergovernmental Agreement between the City of Littleton , the South Suburban Parks and Recreation District , and the City of Englewood for t he development of the Big Dry Creek Pedestri a n/B icycle Trail Project from the South Platte River Trail to Progress Park in Littleton . Total Project cost -$757 ,000. City of Englewood contribution -$38 ,458 1998 Budget -Council budget approval of $40,000 for the City of Englewood contribution to the Big Dry Creek Trail Project. 2000 Budget -Council budget approval of $40,000 for the City of Englewood contribution to the Big Dry Creek Trail Project. Ordinance # 2, Series 2000 -Approval of Quit Claim Deed of RBI Property for Big Dry Creek Tra il Development. RECOMMENDED ACTION Staff recommends Council approval of a bill for an ordinance authorizing the cooperative agreement between the City of Englewood and South Suburban Park and Recreation District to allow for the construction and maintenance of the Big Dry Creek Trai l. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The development of the Big Dry Creek Pedestrian/Bike Trail began in 1993. The City of Englewood, the City of Littleton, the South Suburban Parks and Recreation District, and the South Suburban Park Foundation have been partners in this project. The bike path through Belleview Park was completed in 1998. The next phase for construction is the section from Windermere to Santa Fe . Construction of this phase of the project is to be completed in year 2000 . South Suburban Park and Recreation District will be constructing the Trail facilities from Windermere to the intersection of the Creek with the South Platte at no cost to the City. The City of Englewood is granting a temporary construction easement for the bike/pedestrian path on the former RBI property, the former King property and the permanent easement at the Englewood Commercial Industrial Center Plat. • I· 0 • -.. .. . ··~ • - FINANCIAL IMPACT There is no financial impact to the City of Englewood . UST OF ATTACHMENTS Proposed Ordinance Temporary Construction Easement • • I· 0 • •• • • 2 . Invocation . • • - J/J..L/ fi-~/?AUi.LiS -f Uot6-0/~ AGENDA FOR THE /,fl();e/(___ REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 7, 2000 7:30 P.M. Englewood Civic Center 1000 Englewood Parkwa y Englewood , CO 80110 3 . Pledge of Allegiance . 4 . Roll Call. ttppJ 5. Minutes. 11 ~Li,,,. fi,,.-6 A,__ ~ASH~~~he meeting of Regular City Coun c il Meeting of Jul y 17, 2000 . UJ~ L, 6 . Scheduled Visi lease limit your presentation to ten · utes.) -. • • I I· 0 • Englewood City Council Agenda August 7, 2000 Page2 • • .. • - .. 8. Communications, Proclamations , and Appointments. ~fJ--'7J--a . OA resolution appointing Tara Holmes as a Youth Member to the Englewood Publi c ~fl-Library Board . ~ 9 . P"gea,;ng (Non,Sched"~ ~ /Oe. J !ndJj1vconsentA~ MA /() lf,,t:(--;b (J'rr a. Approval of Ordinances on First Reading . b. /Fli-F (J])/L - {fl dli-- (f)d/t (J71.li-- (flJJ- {NI---- (J1 J. /J:- i. ii. COUNCIL BILL NO. 65 -Recommendation from the Community Development Department to adopt a bill for an ordinance accepting grant funding in the amount of $7,500 from the State of Colorado's Department of Local Affairs to support the Arapahoe County Enterpri se Zone . STAFF SOURCE: D.iuren Hollingsworth, Business Development Specialist. COUNCIL BILL NO. 67 -Recommendation from the City Manager's Office to adopt a bill for an ordinance approving the 2nc1 Amendment to the Regional Transportation District agreement . STAFF SOURCE: Mike Flaherty, Assistant City Manager. Approval of Ordinances on Second Reading . i. Council Bill No. 48, amending sectio ns of the Englewood Municipal Code pertaining to Tattoo Establishments . ii. Council Bill No . 55 , approving Southgate Supplement #148. iii. Council Bill No. 56, approving Southgate Supplement #149 . iv. Couri,cil Bill No . 57, gran~ng a Quit ~laim Deed. v . Council Bill No . 58 , granting a City Ditch Easement. vi. Council Bill No. 59, approving an Amendment to the Wastewater Collection System Maintenance Agreement with Cherry Hilt s Village . vii. Council Bill No. 60 , acknowledging an Easement Agreement between Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District . viii. Cou~cil Bill No . 61 ; amending the City of Englewood Comprehensive Plan to include a Regional Pia!) Element. P'-nole: II you have a dlaablllty and need awdUary aide or wvices, p ..... notify the City of Englewood (303-712-MC11) at ..... 41 hours In advance of when NrVicN .. needed. Thank you . • •• I • 0 • • - • .. • -' "Englewood City Council Agenda August 7, 2000 Page 3 Olli- {h //t tr?dt - ---- - ix . X. xi. Council Bill No. 62, authorizing the purchase of the Arapahoe Rental Property . Council Bill No. 63 , authorizing the lease of the Arapahoe Rental Property to the former owner of the property . Council Bill No. 64 , amending the Englewood Municipal Code relative to Adoption of the Official Zoning Map . c. Resolutions and Motions. i. Recommendation from the Department of Community Development to approve, by motion a professional service contract for a feasibility stud y on a local circulator shuttle . Staff recommends approving a contract with BRW in the amount of $2 7,296 .00 . STAFF SOURCE: Lauri Dannemiller, Planning Analyst. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . b. C . i. COUNCIL BILL NO . 68 -Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance authorizing an amendment to the Englewood Town Center Planned Unit Development District Plan Design Standards and Guidelines and to set a public hearing for September 5, 2000 to gather public input. STAFF SOURCE: Harold Stitt, Senior Planner. ii. COUNCIL BILL NO. 66 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance accepting a Grant of Property for the continued development of the Big Dry Creek Pedestrian/Bike Trail. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. iii. COUNCIL BILL NO. 69 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ord i nance authorizing a Temporary Construction Easement for Big Dry Creek Bike/Pedestrian Path . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. Approval of Ordinances on Second Reading . Reso~s and Motions. fr' ... PINN nota: If you have• dlublUty and need auxiliary aids or HrVicn, p ..... notify the City of Englewood (303-762-2405) at INst 41 hours In advance of when aervk:N.,.. needed. Thank you . • • .. I • 0 J~ • • Englewood City Council Agenda August 7, 2000 Page4 12 . General Di sc us sio n . a. Mayor's Choice . b . Council Members' Choice. 13 . City Manager's Report . a . b . 14. Attorney's Report . • • - -- Recommendation to go into Exec uti ve Session following the regular City Council meeting to disc us s litigation . Adjourn me~ The following minutes were transmitted to City Council between July 14 and August 3, 2000 : • Englewood Firefighters Pen sion Board meetin g of O ctober 10, 1997 • Englewood Firefighters Pen sio n Board meetin g of April 10, 20 00 • Englewood Firefighters Pension Board Telephone Poll of June 21, 2000 • Englewood Board of Adjustment and Appeals meeting of May 10, 2000 • Englewood Board of Adjustment and Appeals meeting of June 22, 2000 • Englewood Cultural Arts Commission meeting of June 7, 2000 • Englewood Planning and Zoning Commission meeting of May 16, 2000 • Englewood Planning and Zoning Commission meeting of June 27, 2000 • Englewood Code Enforcement Advisory Committee meetin g of June 21, 2000 • Keep Englewood Beautiful meeting of June 6, 2000 • Englewood Liquor Licensing Authority Telephone Poll of June 7, 2000 ~~· ~~~~~~ -77 ,z.. •. •'bn'P:::::::;:::::;r ~-rim ~~,f!M~~·~ • ) I • 0 J- • '-... • • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 7, 2000 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 1. Call to order. 'l: o'i 2 . 3 . Invocation . '--/t~ Pledge of Allegiance .~ 4 . Roll Call . 01.1_ ~ 5. Minutes . ... ~~i ~ '· Mio,te, from the meetiog of Reg,la, Gty Co,odl Meetiog of J,l y 1 7, 2000. I~ Scheduled Visitors . a . b. C. (Please limit your presentation to ten minutes.) Jonathan Ma?,"ing will be in attendance to addres s City Council regarding police conduct. '-(__..,.._/._~ C 7S-7) :38~i S . ~ Fred Manning will be in attendance to address City Council regard~olico/ ·""" ~} conduet.(jtr") ..]8L84--~ ~~~ ') Doug Cohn will be present to address City Council regarding the parking lot on AcomaStreet. I~-~ Sf--~~~h<-eh-._~ :!J ()5 <:,/ ~A,<.w-..LL J/1.eJ.L- 7 u:~~~=~li:y;~::·:::' ~ -P~tU.; {Ji:tli>JA tM, ~J JpJ)~~~ P ..... note: If you have• dlublllty and need awdllary alda or Nl'Vtcn, pleue notify the City of Englewood ~ (303-782·2405) at lent 48 houn In advance of we... NrvicN .. IINded. Thank you . • • . , I . 0 J- • • • ) . ... • - Englewood City Council Agenda August 7, 2000 Page 2 8 . Communications , Proclamations , and Appointments . l»r~ A resolution appointing Tara Holmes as a Youth Member to the Englewood Public Library Board .~ ~,,O ~ 9. Public Hearing. (None Scheduled) '\' n 10. C~genda. ~ a. t~ Approval of Ordinances on First Reading . i . ii. COUNCIL BILL NO. 65 -Recommendation from the Community Development Department to adopt a bill for an ordinance accepting grant funding in the amount of $7 ,500 from the State of Colorado 's Department of Local Affairs to support the Arapahoe County Enterprise Zone . STAFF SOURCE: Darren Hollingsworth, Business Development Specialist. COUNCIL BILL NO . 6 7 -Recommendation from the City Manager's Office to adopt a bill for an ordinan ce approving the 2nd Amendment to th e Regional Tran sportation Di strict agreement . STAFF SOURCE: Mike Ft.herty, Assistant City Manager. b. Approval of Ordinances on Second Reading . {)11! 2-i. Council Bill No. 48 , amending sections of the Englewood Municipal Code pertaining to Tattoo Establishments. (}l/J; 5'')..-ii. Council Bill No. 55 , approving Southgate Supplement #148 . -- ~ ~~ iii . Council Bill No. 56 , approving Southgate Suppl ement # 149 . mdJ:-sL-iv. Council Bill No. 57 , granting a Quit Claim Deed . 61JJ / V. Council Bill No. 58 , granting a City Ditch Easement. ___$_ 61J.,II ~ vi. Council Bill No. 59 , approving an Amendment to the Wastewater Collection System Maintenance Agreement with Cherry Hill s Village . r51/:I--~ vii. Council Bill No. 60 , acknowledging an Easement Agreement between Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District. 51J_jl '{</, viii. Council Bill No. 61 , amending the City of Englewood Comprehensive Plan -to include a Regional Plan Element. PINN nol9: N you have• dlubillty and need awdliary aids or NIVicN, ....... nollfy the City of Englewood (303-782-2405) at INat 41 houra In advance of whan NIVicN .. l'INdad. 1'1lank you. -. • ) I· 0 J • • • )· ~ ..... .. • - "'Englewood City Council Agenda August 7, 2000 Page 3 Council Bill No . 62 , authorizing the purchase of the Arapahoe Rental Property . Council Bill No. 63 , authorizing the lease of the Arapahoe Rental Property to the former owner of the property. Council Bill No . 64 , amending the Englewood Municipal Code relative to Adoption of the Official Zoning Map . Resolutions and Motions . i. Recommendation from the Department of Community Development to approve, by motion a professional service contract for a feasibility study on a local circulator shuttle. Staff recommends approving a contract with BRW in the amount of $27 ,296 .00. STAFF SOURCE: Lauri Dannemiller, Planning Analyst. 11 . Regular Agenda . Approval of Ordinances on First Reading. i. COUNCIL BILL NO. 68 -Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance authorizing an amendment to the Englewood Town Center Planned Unit Development District Plan Design Standards and Guidelines and to set a public hearing for September 5, 2000 to pitier public input. STAFF SOURCE: Harold Stitt, Senior Planner. ii. COUNCIL BILL NO . 66 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance accepting a Grant of Property for the continued development of the Big Dry Creek Pedestrian/Bike Trail. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. iii. COUNCIL BILL NO . 69 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing a Temporary Construction Easement for Big Dry Creek Bike/Pedestrian Path. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. Approval of Ordinances on Second Reading. (9-- Resolutions and Motions . fl" .... P..._ now: If you have• dlublllty and need auxll.-y aids or NrYices, p ..... notify the City of Englewood (303-782-2405) at leut 48 hours In advance of when services .. IINdad. Thank you. C • " • I • 0 J • • Englewood City Council Agenda August 7, 2000 Page4 12 . General Discussion . a. Mayor's Choice. ;• •,, b . Coun ci l Members' Choice . 13 . City Manager 's Report . a. CityCenter Englewood Update . • • -' b . Recommendation to go into Executive Ses sion following the regular C ity Coun ci l meeting to discuss a ~sonnel matter . " oP 14 . City Attorney's Report . l}lr \ a. Recommendation to go into Executive Se ss ion following th e regul ar C ity Co un ci l ~, D meeting to discuss I~ ~jo,mment The following minutes were transmitted to City Council between Jul y 14 and Au gust 3, 2000 : • Englewood Firefighters Pension Board meetin g of October 10 , 199 7 • Englewood Firefighters Pension Board meeting of April 10 , 2000 • Englewood Firefighters Pension Board Telephone Poll of June 21 , 2000 • Englewood Board of Adjustment and Appeals meeting of May 10 , 2000 • Englewood Board of Adjustment and Appeals meeting of June 22 , 2000 • Englewood Cultural Arts Commission meeting of June 7, 2000 • Englewood Planning and Zoning Commission meeting of May 16 , 2000 • Englewood Planning and Zoning Commi ss ion meetin g of Jun e 27, 2000 • Englewood Code Enforcement Advi sory Committee meeting of June 21 , 2000 • Keep Englewood Beautiful meeting of June 6, 2000 • Englewood Liquor Licensing Authority Telephone Poll of June 7, 2000 "--noe.: N you have a dlaablllty and need auxlllary alda or Nl'Vk:N, plNu notify the City of Engi.wood (303-712-2405) at INat 48 hours In advance of when services are nNdad. Thank you . -• ) I • 0