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HomeMy WebLinkAbout1999-08-02 (Regular) Meeting Agenda- .. • • • -.. August 2, 1999 Regular City Council Meeting .. ,. ' ' ' . .. ,. .. '• ' .. • 1 .. 0 • ---..;, ,!f;,,-:~ ..... ~,~'9 ... -~~~ ~· '.. . ... .J • • • ,. _,,.... . • ), • •• .. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Replar Seuioe Allpll 2, 1999 I. Call to Order The regular meeting of the Englewood Cily Council was called 10 order by Mayor Bums at 7:35 p.m. 2. lavocatioll The invocation was gi\'CII by Mayor Bums. J . Pledaeel Allqiaace The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: A quorwn was present Council Members Grazulis, Bradshaw. Habenicht, Waggoner, Bum s Council Members Nabholz. Garrett Mayor Bums COIIUIIClllcd that we have one Council member out of IOwn and one not feeling so well . So. be DCUd, we ave wbal we call a bare quorum bcrc this evening and IO pass any of our measures we have IO vote unanimously . 5. Minute, Also p,acn1: Ciry Manager Scan Cily Attorney Brownan Ciry Clert Ellis Engineering Special Projects Coordinator Henderson, Public Works Senior Planner Stitt, Neighborhood and Business Development Director Simpson, Neighborhood and Business Development (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF lUE REGULAR MEETING OF JULY 19, 1999. Ayes : Council Members Bradshaw , Habenicht, Waggoner, Grazulis, Bums Nays : None Motion carried . Absent: Council Members Nabholz, Garrett 6 . Scllleduled Visiton (a) Englewood Panide Association Chair Colleen Burke was present to discuss funding for the 1999 Englewood Holiday Parade . Ms . Burke adviled 11111 lhc is President of this year's Englewood Panide Association and she introduced Owen 8caYcr and DOied be is co-chairing the parade this year. She CIOIIUIICDtcd that this is their second year of bclpiaa with die puade. Ms. Burke said that Council llbould ave ra:eivcd a letter in their packets .. .. I • 0 • • • Englewood City CIMlncil August 2, 1999 Pagel ,. ;, .. ~ ·• ,. /". G G -' from Mary Dounay, the Englewood Parade Association Treasurer, thanking Council for their past suppon . Ms . Bwke said that besides the financial support she would also like to thank the City for allo"~ng several or the employees to be on their committces ... Bob Spada, Leigh Ann HofThines and Pauletta Pw1ccrelli . She noted that beside the fact that they are really neat people, they arc saving them so much time because they know who's who and bow 10 get things done. Ms. Bwke said she appreciates that and she and Mr. Beaver are trying to be real conscientious to not abuse their help, because they know they have another job todo. Ms. Burke thanked Council Member Habenicht for her creative talents this year and noted she came up with the theme for this year's parade ... "Everything Old is New Again• Ms . Bwke explained that it encompasses everything from the revilali7alion of Cinderella City to the Ci1yCen1cr to the resurgence of S\ling music and bell bottoms and the Volkswagon bug. She opined that this is going to be a really fun theme for doing floats and she is trying to get a broader spectrum or the businesses involved this year to do floats for us. Ms . Burke stated they were present to ask Council for their continued support and to thank them again for not allowing this parade to fade. She said she thinks this parade is a very positive su1cmcn1 for the City . with a lot or the stuff that's going on, she reels that it speaks very well for the City. She said she and Mr. Beaver are going to work really hard to make this a parade that you can be \'Cry proud of. She commented that she thinks anything that makes YIMI reel like a kid again is a real good thing. Mr. Beaver commellled that one or the things he and Ms . Burke noticed was that people would know about the parade, but it is kind or like it happened Id week . So this year Ms . Bwke has talked to several people and they are trying to get out to more businesses that want to be involved . He said that is one of the problems they have had in the past, that what they need to do is get this out to the people and have tJ1c111 put it on their calendars. They know everybody is busy and before they know it tJ1e time is past. Hopefull y, he said, they can avoid that and it is amazing how many people really do look forward 10 tJ1e parade . It is one orthose things that has been there for a long time and he felt he should step forward and do somctJ1ing for his community. He said they are both surprised, in some ways, bow much people really want to be involved in this. So, he DOied, every time you hear something negative they always have somebody that is five , ten, fifteen times oa the positive side. Mr. Beaver noted they are trying to work "ith the business people downtown, thal he and Ms. Burke will walk the SIJ'Cets, pretty soon, on both sides, and ask who is for it, who is against it, bow can we oegalC some or the problems. For instance Id year someone was having classes, did not rcaliz.e the parade was happening so they had to work with them. So , he said. tJ1ey are trying to make sure everybody is saying the ball game is on the 6• or November and here is what is going 10 happen . So hopefully they can get all those things ironed out. Mayor Bums asked if they have a budget 5Cl ror the parade. Ms. Bwkc advised that last year the parade ran around $4,000 and they are looking at a little bit more this year, because they would like lo increase money for the bands. They would like to pay them 10 participaie. Another thing, she said, is thal we have loSI all or IMlf bagpipe bands and they would like 10 bring them back. She noted we did not have any last year and she reels that is a very inlegral part of a parade . Ms. Burke Slaled she would like 10 be able to offer the same thing that other pirades offer. Mr. Beaver advised that he personally talked 10 a couple band directors and asked if they walllod a trophy or if they wanted money and right away it was money. Because, he noted, ror some of the smaller bands that would go 10 help pay for transpo11ation or just their outlay costs. The bigger schools already have transportation, but we are trying 10 make sure we can get some smaller schools in here because there are not a whole lot or parades that bands can march in and that is what marching bands are for, besides football games and lilulT. So instead or a trophy we hope to give tJiat money back to them. Mr. Beaver said they found out. when they went to gel the uavcling trophy, that ii travels right 10 a closet. He said that is okay for that one, but everybody can use money and tJ131 is the one different thing they will do this year. • • ) I • 0 - • • Eackwood City C1N111Cil Auplt 2, 1999 Paa,e3 • • - .. ... Mayor Bums staled wc are very pleased we are having the parade, we did not want ii to stop. With the new center coming oo it will be a great thing to have . Mr. Beaver agreed and noted that they really want to end up there next year, that is their goal . Mayor Bums said absolutely . Mayor Bums offered appreciation, oo behalf of Council, for all the work they are doing on this terrific project. Ms. Burke said DO problem, they love it. 7. Noa-tebeduled Vlliton (a) Mary Benson, 1109 South Clayton, advised that she received some more information about the concrete work around the Skerria house and she also had pictures. She offered the pictures to Council for their review . She asked if all of Council has been through the Skerriu house now . Mayor Bums said that DO they have not. Ms . Beasoa comDlCD!cd 1h11 ii accds a lol of n.c and they will see that in the pictures, but she is ltill very intcratcd in ii. She said she docs not know what COW1Cil's plans arc going to be . Mayor Bums advised wc are still developing our plans, Council has a received a memo , but they also had the CityCcnta COIIUllCt oo the agenda tonighl and that is whal they are focusing on. but we are still moving ahead. Ms. Benson asked about having it oo the Historical Register. Mayor Bums advised that is all pan of the memo. He said this is not actually OD the agenda tonight. but they have a memo they got in their packet this week thaa goes into all of that. He 111ggcstcd that perhaps Ms. Beason could be given a copy of thal memo. City Manager Sears lilalCd he can give Ms . Beasoa a copy of thal and noted that he did mention thal to her when he spoke to her over the tclcpboac. Ms. Beasoa llid 1h11 is right. City Manager Sears explained that. basically, he will be asking Council to allow us to move ahead with making a contact "ith the Historical Society to do a grant for au analysis of the site from a historical perspective . He said they are asking Council to allow us to pull together a gram. Thal grant can happen in a short period of time, so we could get that grant as early • August or September. Mr. Sears advised that they have talked to the State Historical Society pcoplc and they did feel like this would be an issue thal they would suppon in terms of the analysis . Any type of work that would come out of that analysis and any type of funhcr grant probabl y would not. happen Wllil after April of next year on that site. Ms. Benson advised that she got information on grants too . City Manager Sears noted wc met with the Colorado Historical Grant person . Ms. Benson stated she actually talked to him so she knows a little bit about that and he sent her a packet about grants. City Manager Sears advised thal under the City Managel's repon tonight he will be asking Council to consider allowing us to move ahead OD this. (b) Chrissy Estes advised thal she is here on behalf of the Retail Council and the Natioaal Council to Prevent Delinquency, OD a graffiti project . She staled she would like to endorse Council Bill No . 24, which is OD the Coment Agenda tonight. She said it is the bill thal came out of the Code Enforcement Advisory Committee. Again. she said, she would like to thank Committee for allowing them to participate and bring their illpg to the table. Ms. Estes staled that the mailing community is endoning the bill as written . Council Member Bradshaw asked Ms . Elles if she talked to the Kmart store up OD Bellcvicw. Ms. Elles advised thal the Kman representative will speak to Council tonight . • ... ) I • 0 • • I '-' ,,. -. EostewOOIII City C-U Allp!112,lffl .... .:;,. .. . . .. .. ~ ,.,-- • .. • • .. ... (c) Rick Mcraario, Ocnaal SUR Manager at the Kmart at Bcllevicw and Broadway, said he did drop olf-lcaal IOllay, u be jull fOWld out about this the other day . Mr. Mercurio stated he would abo lillc Council lO IUppOlt it u wrillell, u lO DO( aca:aarily requiring that they lock up the spray paint. Boc:auK, lie explained , their Denver IIOl'CS haw: indiclled I km or sales and of course the increase in costs if we add u IPIC'Ddmeer to lllll. Mr. Mercurio IIIUl'Cld Council that they want to be I very responsible entity ia the oomamily 111d Ibey will ~ IO moailor IUCb things and wort wilh the City at all times . Penoaally, lie a,mDN'!Jled, 11111111d bis IIOrC, lie clocl DOI apprccialc paffili 111ymorc than anybody dsc docs. He said be bas DOied lhll lincc being IICl'c for three years, tbcrc is I lot less tbat is going oo and he would be iatcralCd ia knowing iftbcrc bu beca I dec:ralC in the City . But, he staled, at this time he would jult like IO abo add bis IUppart IO die bill U wrillell Mayor Bumi thukod bim for coming. I . Commuaicatiolll, Pracl-1tioaa ud Appointmcnu (a) A proclamatioo proclaiming Tuesday, August 3, 1999 as Nalional Night Out in lhe Ci1 y or Englewood was considered. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO PROCLAIM TUESDAY, AUGUST 3, 1999 AS NATIONAL NIGHT OUT IN fflE CITY OF ENGLEWOOD. Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bwns Nays : Nooe Absent: Council Members Nabbolz, Gam:a Motion auricd. Mayor 8wns said he would lillc lO IIIClllion that Nancy PclcrDJ bis clone ID lllllmlg job in the City of Englewood with the Ncigbborbood Watch Program 111d National Night Om. Some or our neighbors IIOlllld us haw: fifteen or IWCDty parties oa Nalioaal Night Out 111d he asked Ms. Peterson about our count . Off'lc:icr Pdcnon llllcd we arc over 300 . Mayor Bwns aJIIIIIIClllcd tbat Ms. Peterson bis been recogni7.cd natiooally for this work and she is just a special person in the City or Englewood. Mayor Bwns said it is Council's pal plcaaft lO pass this proclamalion. He noted she already bas CoWICil all lined up lO go lO various places lOmorrow night. On behalf or Council, Mayor Bums thanked Nancy Peterson for all her great work and offered congratulations. Mayor Bums presented the proclamation to Crime Pn:vcnlion Officer Nancy Peterson . (b) considen:,d. A n:solulioa appointing Christopbcr Ransick to the Englewood Public Libra,y Board was The n:solulioa WU uliped I number and n:ad by litlc. RESOLUTION NO. Bl, SERIES OF 1999 A RESOLUTION APPOINTING CHRISTOPHER RANSICK TO 1llE PUBLIC LIBRARY BOARD FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 11, SERIES OF 1999. ' ., .. ' ' ) I . 0 - • • l.a&lewood City C.Ddl Aupll 2, 1999 ... s • • - .. .. Ayes : Nays : Council Members Bradshaw, Habenicht, Waggoner, Grazulis. Bums None Abscol : Council Members Nabholz, Garrett Molioo carried. 9. Public Bearill& No public bearing wa ICbcduled before Council . 10. C.....A.-a (a) Approval al Ordinances Oil Finl Reading There wac 1111 additioaal ilcml submitted for approval on finil reading. (See Agenda llem 11 • Regular Apda.) (b) Approval of Ordinances OD Sca>od Reading COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) ud (ii) ON SECOND READING. Mayor Bwns advised tbal A,coda ilcm 10 (b) (i) is Council Bill No . 24 , lhc ordinance on graffiti that we were just dilCUSling. (i) ORDINANCE NO. 43, SERIES OF 1999 (COUNCIL BILL NO . 24 . JNI'RODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 'JTll..E 7, CHAPTERS 6E AND 6F AND TITLE 15, OF TiiE ENGLEWOOD MUNICIPAL OODE 1915, BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERIALS AS WELL AS PARENT AL RESPONSIBILITY . (ii) ORDINANCE NO. 44, SERIES OF 1999 (COUNCil. BILL NO . 43, JNI'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING 'JTll..E 11, CHAPTER I, SECllON IB, OF TiiE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS . Voce rauha: Molioo carried. Ayes : Nays : Abscol : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums None Council Members Nabbolz, Gam:u (c) Resolutions and Mouoas COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (I). (i) CONTRACT FOR PROFESSIONAL SERVICES REGARDING INTER· MODAL PLANNING FOR URBAN CEN'IERS GRANT FROM TiiE GOVERNOR'S OFFICE OF ENERGY CONSERVATION . ., .. '.,, I ) I . 0 32 - • •• J v • -. Ell&lewood City CoullCII Aapltl, 1999 ... , 1• •,, .. -·· • , . • - Ayes : Nays : Council Mcmbcn Bradshaw, Habenicbl, Waggoner, Giuulis, Bums None Absent: Council Members Nabbolz. Gam:lt 11. Rqular Aaeua (a) Approval of Ordinances on Finl Reading (i) EngiDeaing Special Projects c.oontinalor Henderson presented a Ralll!Rndalion from tbe Depa,tmcnl of Public WOlb and the Englewood EnvirolUIICnlal Foundal.ioo, Inc . to adopt a bill iJr aa onli.DaDcc appv¥iDg the vacation of the Little Dry Creek casement at the CilyCentcr Developmcat. Mr. ~ advised thal Engineering Manager Kahm was called away this evening with a medical -~ and be ii hclc in bil place . He stated that staff is wking Council's 1U1JP011 of a bill for aa ontimncc tbat would vaca&e an IUIIM!CIClsal)' euemcnl cnaunbering the CilyCenler site. He passed out Exhibit A to this bill, which be noced was unavailable last week when the Council packets wenl out. He cxplaincd it is the lepl delcription to Ibis vacation. He noced tbat included with their packets is a map and tbat map dcpids the area of this vacation of this Little Dry Creek casement This casement was originally reconkd ia l 9S7 and through the construction of Cinderella City, in the mid sixties, Liltle Dry Cna was mewed and COlllainod within a conaete box culvert. Tbe map shows the actual location of Liule DI)' Creek in blue. So this easemeat is lUIIM!CIClsal)', be said, and Wal-Malt bas rcquested ... and in fact he thiakl it is a rcquirane.-oftbeir closing ... tbat this be vacated. Mr. Henderam staled the casemenl reconkd in l 9S7 is DO loogcr required and staff is seeking Council's approval to vaca&c it Tbe City Clerk was uked to rad the ClOUJICil bill by title: COUNCIL Bill NO . 47, INJ'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AlJJllORIZING 1llE VACATION OF LITl'LE DRY CREEK EASEMENT AT CITY(EIITER ENGLEWOOD. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I) -COUNCIL BILL NO. 47. Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Absent : Council Members Nabbolz, Gam:lt Motion carried. (b) There were DO additional items IUbmiUed for approval oa lleCOlld reading. (See Agenda Item 10 -Consent Agenda.) (c) Raolutioas and Motions (i) Senior PlanneF Still preseDICd a recommendation from the Englewood Envi.n:Jnmaltal Foundalioa Ill adopt a raolution approvillg tbe final plat of the CityCcntcr En&Jewood Subdivision. He explaiDed that this is a considentioa of a lllbdivision for tbe CityCealer Project and it has beell through a l'llblic Hearing with the Planning Commission. Tbe doc:ument tbal WU forwarded 10 Council by the Planning Commissioo bas been modified u a result of fw1ber discuuiooa with Wal-Malt and odia afl'edcd parties. He banded out copies IO Council of the plat u staff is suggesting it be amended to rdlclCt thole chan&es, Tbe plat itself bas been highlighted so Council can see exactly what the changes • ., • I ) I· 0 - • • • Englewood City Council August 2, 1999 Page7 .. ,-. e - arc. Mr. Stitt said he would like to go through those. On the front, he said, they will notice where ii has , in yellow, filing nwnber one . 1bis is just to keep tract of any future changes that may occur in this subdivision . They are suggesting that filing nwnber one be added for historical and archival purposes, he said, and they will know exactly what the first plal looked like. In the lower left hand comer, the date May 24 , 1999 has been highlighted.. Thal is the most recent title commiunent dale, so the plat does renect the title commiunent as shown in the docwnents for transfer of property. Mr. Stitt said al the bottom in the center, under Certificate of Dedication and Ownership, the wording was changed to renect the fact that in the previous version it indicaled public streets. And as you know, he said. the roads willun the development will be private and this is just consistent with that. Mr. Still said Iha& on the page that most of Council is already on, they can oote at the top that it says filing nwnber one and there is quite a bit of yellow on this page, but there arc actually only a few items. He advised that one of the suggestions they received while they were reviewing this plat with the Wal-Man representatives, was that the roadways, for instance South Inca Sired and South Galapago Street and Engl~·ood Parkwa y. be denoted as tracts. TI1is is more for the Counly Assessor, so the Assessor can keep U3Cl of these properties. since !hey will not be public rights-of-way . So we have labeled all the individual segments of roadway tracts. He said !hey will notice that in the lower left hand side , South Inca Street is indicated as tract F and ii gi ves an acreage . So all of the street segments in this plan that arc not public rights~f-way are noted as tra cts . !l.1r. S1 j11 sai d 1ha1 the next change he wanted to bring lo their attention is in block five. which is the center section of the plat just south of Floyd Avenue . A moment ago, he noted. Council voted lo vacate the eascmcnc for Littl e Dry Creek and this plat notes that In fact ii will he updated to renect the ordinance nun1ber for that vacation. rather than the council bill . So this plal will rdlect the vacation of that easement II is noted on both lot one, block nine , which is commonly called the Wal-Man parcel, and lot two of block five . Also in the Wal-Man parcel is a note for a twenty-five and a half foot wide conduit easement. He advised that is an easement that describes where the Lillle Dry Creek box conduit is localed. Obviously, he pointed out. we need to protect that for any maintenance that may be needed in the future . This document just describes the location of that easement. The fmal two issues that arc depicted on this pial. that differ from what the Planning Commission RCOIIUJlalded. and what Council received in their packets, arc for width of roadway easements. He said if you look at South Galapago Street, immediately to the right of the notation of South Galapago Street. it indicates a twenty foot wide roadway and utility easemeot What the Planning Commission had recommended was a thiny foot wide easement. Mr. Stitt said he also handed out some cross sections and if they take a look aa the handout where it says view looking north, a typical section through the center line of Galapago ... he would help explain why that easement was reduced from thiny feet to twenty feet . Consistently through the negotiations with Wal-Mart, he said. we have established 111.11 the Foundation would retain control of the streets, if you 1"ill, the roadways. from the back of curb. TI1is view looking oonh, this section through Galapago, indicates that from the centerline to the back of curb, is nineteen and a half feet and then you have another six inches for the width of the curb for a total of twenty feet . So everything beyond that will be under the control, maintenance primarily, of Wal-Man. So, he stated. it wu not ncccssary to have a thiny foot easement on the east side of Galapago. So !his notation on the plat rcnects that reduction from thirty feet to twenty feet. Likewise, he said. if you tum the page to Ilic typical section through Englewood Parkway, you will notice on the plat where the right~f-way, or Ilic easement for roadway is, which is a continuation of Englewood Parkway, has changed from what Ilic Planning Commission recommended. sixty feet, to a thiny foot easemeol Again, he advised, that is to rcnect the actual needed space for the laneage that will be proposed and actually built through this portion of the site. Mr. Still said he would like to take a moment and step Council through this. He staled that !lie easement itself is thiny feet, consistently from east to west . The width of the road will vary slightly, anywhere from twenty-five feet, now line to Oow line, or edge of curb to edge of curb, to twenty-nine feet. Thal variation is due to the widening of Englewood Parkway slightly at the E1ali Strcct intencct.ion, to provide for the turning movements. So, he staled, this plat rdlccts a reductioG in that easement from sixty feet to thiny feet to accommodate the laneage. Mayor Burns commellled that it does DOI alter the design of the street. Mr. Stitt llalcd it does DOI . • . . ) .. I • - • • • En&lewood City Council Auplt 2, 1999 Paeel .,. .. • • - .. .. ... Council Member Habenicht Slaled she is son of surprised to receive this III the last minute, because she thooght they had really, thoroughly, discussed the importance of having thal be a sixty foot wide easement Mr. Stitt explained thal the change was result of reducing the roadway cross section there, from three lanes to two lanes. That was done, partially at the request of Wal-Man in their negotiations. As a result. sixty feet is DOI occessary to aa:ommodalc two lanes. Council Member Habenicht said it was her Wlderstanding that the reason for the sixty foot easement. was thal if sometime in the fulUrC there was a desire to widen lhat parkway to make ii more consistent and linking the CityCenter and the Plau to the downtown area, to the Broadway area, that thal was a very imponant feature . Ms. Habenicht said she does DOI sec why thal should be a problem for them. 10 keep that sixty foot wide easement. But. Council Member Bllldshaw said. this is a utility easement wc are talking about here . She asked if that was right Mr. Stitt advised that it is a combination ~'IY and utility casement Council Member Bradshaw asked if wc would go from the lhilty foot wide to one hundred and fifty on the west side of Galapago. Mr. Stiu said yes and explained that thal is because there is a fifty or sixty foot landscape median in Englewood Partway. west of Galapago . Cowicil Member Bradshaw said she thought they were going lo extend those lines over to Elali . Mr. Sliu said that ii was his understanding that during the negotiations with Wal-Mart, they were interested only in providing an easement for the actual roadway itself. Council Member Habenicht said she thooght the agreement ,.,as the sixty feet . Mayor Bums asked what exactly the siXI)' feet was for, when we originally had the sixty feet. Mr. Stitt stated it was based on the cross section that was identified in the PUD and that cross section included three lanes. So by the time you have an easl lane. a left lane and a center lane, plus curb. gutter and sidewalk. you are al approximately sixty feet. Which. he added, is a typical right-<>f-way width for most of the streets in Englewood, that is a common number for street right-<>f-way . Mayor Bums noted that the lhilty feet obviously gives them more parking. Mr . Stitt said Iha& is correct. Mayor Burns noted that Director Simpson is coming up and maybe he can tell Council a little bit about this negotiation . Council Member Habenicht said it is her Wlderstanding that wc understood that Wal-Man wanted to have that parking and we had no problem with the plal the way ii was going to be and the roadway and the way it was going to be with the two lanes llllhcr than the three lanes, but that wc wanted to reserve the siXI)' foot eascmenL She said she thooght that was very clear, she knows Council Member Gam:tt was very llrong about that . Director Simpson, board member of the Englewood Envirorunental Foundation. advised Iha& what they are seeing here is the retlection of actual requirements for roadway . The roadway meets traffic requirements and it meets utility requirements. The actual physical design of this is maintained consistent with the Englewood Partway west of Galapago. The trees line up as was required and is necessary . Okay, Council Member Bradshaw said, so this does DOI show the trees or anything. Mr. Simpson staled this does not show any of that kind of stuff. Whal this does is simply show more of the physical , legal requirement . He explained that what you have to overlay on this subdivision plal is the site plan thal identifies where the trees and sidewalks go. The trees and sidewalks wiU be going on either side of this easement on Wal-Man property. Mr. Simpson advised they will be placed and required to be there coosisteot with the site plan that is right now being reviewed by the Department of Neighborhood and Businesl Development . ' '- ) ... I • 0 • • l v -• Eapewood City CCN1acil Aup,t 1, 1999 ... , , ..... ~ .,.-. • • - .. , . ' .. So, Council Member Bradshaw said, this does not show landscaping and it does not show sidewalk and thal would account for bow many feet? Duector Simpson said probably another thirty. Ms. Bradshaw said thal would be your sixty feet. Mr. Simpson said what you would end up wilh, IO get a partway amsistcnl wilh that area west of Galapago, you would have lo take a hwidn:d and fifty foot cascmenl and thal complelcly wipes out any possibilities, from Wal-Man's perspective, of using thal area for parting. They have made ii very clear IO Slaf( that if you want that in the fulure you have every ability 10 take thal property anywa y. Director Simpson said we have been trying IO wort through lhis IO make sure they have adcqualC propeny 10 mcCI their needs and not take too much and still maintain design as was defined by Council. and 1ha1 is what you arc getting. Council Member Bradshaw asked if lhis will affect design. Dircclor Simpson advised thal this will be cvcrythillg thal Couocil i.. approved. Council Member Waggoner said he bad a question of Mr. Stitt . Mr. Waggoner said he though! thal. during the inilial proposals, everyone was concerned aboul uaffic flow along that portion of the Slrccl and the thin! lane in the middle wu occdcd for IUming movcmcnts oul of the traveled lanes . Mr. Still said that was coma. there was considerable amount of discussion aboul the efficiency of moving traffic across Englewood Parkway, both casl and west and also accommodating movernenl through the parking lot 8111 Wal-Mart, again in their negotiations, made ii very clear thal they were inlen:sled in having only 1wo lanes . 10 mainlain as much area for their parking rcquircmenl as possible . He advised thal through negotiations that was reduced from three lanes IO two . Council Member Waggoner asked if ii is still the feeling then that two lanes, even though lhcrc will be turning movements out of !hose lanes, that lhal is slill suflicienl IO carry the proposed traffic east. wes1 . Mr. Stitt advised that is 1bc consideration that went inlO lhis, that two lanes were adcquale 10 move traffic through the area and also IO provide adcqua&c turning movements. Council Member Habenicht asked bow those two lanes will coMCCI wilh the separaled lanes. the median separalCd lanes and the roadway IO the west . Mr. Stitt advised lha1 Englewood Partway. where Englewood Partway inlersccts with South Galapago Street. obviously the C3SI and wCSI bound lanes will be 01Tsc1 from the alignmenl through the Wal-Man parcel and his understanding is thal there will be controlled inlCrSCCtion stop signs. Council Member Habenicht said thal if a car is leaving the Wal-Man parking lot and say lhey wanl 10 go through and drive down Englewood Partway IO get IO the cinema for example, thal they would have 10 stop, make a hard right tum and then a hard left lW'll. II does not show there is any way they could make some son of cwvy kind of thing. Mr. Stitt llaled it will be curved, ii will not require a hard left and then a hard right IO make the lransition from Englewood Parkway, in fronl of Wal-Mart, IO Englewood Parkway. WCll o( Galapago . Mayor Bums asked if that is also part oC the silc plan. Mr. Stitt said yes. Council Member Habcnichl said that is oa the sile plan so we do not have IO wony aboul Iha!, we do not have to wony about acquiring that. Mr. Stitt staled that is on the sile plan. Mr. Stitt suggested it might be helpful if be clarified, a little bit, the purpose of lhis document This docwncnl is simply lo provide for the legal description of individual parcels that would faciliwe transfer or sale of property . And, he noted, the sile plan is a ICparalC documcnl lhal would overlay this. Whal they sec on lhis proposed plal is an alignment oC properties and roadways that is consislelll with that silC plan. Council Member Habenicht asked if Wal-Man is comfonable wilh lhal sile plan. Mr. Still said yes. Mayor Bums asked if there any further questions on lhis . He opined ii is pretty well Wlderslood . ... ' . ) I • 0 - • • • Ea&tewood City Coucil Allpat 2, 1999 PqelO .. ~ .,,... . • • • .. ' .,, Mayor Bums asked Mr. Stitt if be bad any other items IO poinl ouL Mr. Stia said no, that this is the suggestion ohtafflO bring the subdivision more into oonformancc: with the proposal , both for Wal-Man 111d the l'CSl fl the site plan. The raolution was assigned I nwnbcr 111d read by title : RESOLlTTION NO . 82, SERIES OF 1999 A RESOLlTTION APPROVING THE CITYCENTER ENGLEWOOD SUBDIVISION PLAT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (i) • RESOLUTION NO. 82, SERIES OF 1999. Ayes : Council Members Bradshaw. Habenicht Waggoner. Grazulis, Bums Nays: None Absent : Council Members Nabholz. Gam:tt Motion carried. (ii) Bob Simpson prescllled I recommendation from lhc Englewood Envirorunental Foundation IO adopt a resolution supporting the Master Development Agnx:menl for CityCenler Englewood . This resolution would support the master development agnx:menl between MiUer Weingarten and lhc Englewood Environmental Foundalion. He explained that this development agnx:mcnt sets forth amditions, responsibilities and authorius Miller Weinpnco IO develop the land and buildings. on-si1e and off-site, 111d all responsibilities under the defined sa,pc of wort on lhc property previously kno"11 as Cinderella City . He said that the Englewood Environmental Foundation is supporting this agnx:menl and requesting Council's support. The resolution was assigned a number and read by title : RESOLlTTION NO . 83, SERIES OF 1999 A RESOLlTTION SUPPORTING THE "MAS'IER DEVELOPMENT AGREEMENT" BETWEEN MILLER WEINGARTEN REALTY. LLC., AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. 83, SERIES OF 1999. Mayor Bums stated Council has discussed this ll some length. ll more than one Executive Session and ii allows us IO proceed with tbil projccl, it allows Wal-Mart IO close, hopefully within lhc next a>uple of weeks, a:Jtainly within thirty days. He DOied there arc certain perfonnance standards in this agnx:menl that must be met, with Council approval . And, be said, ii allows us IO move ahead generally, with lhc developmenl and we think lhis is I vilal step that Council needs IO lake and it is recommended by Slaff. Mayor Bums opined lbll it is IOllldhing we need IO approve this evening and move ahead with this project, yet ii procects lhc City of Englewood with n:gard IO lhcsc perfonnance standards. Vote raulta: Ayes : Nays : Absent : Motion carried. 12 . Gaenl DIICllllioa Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Burns None Council Members Nabholz, Gama • .. ) I • 0 • •• I 0 • .. ~ .,,-· . • I• ; .. .. • -.. .... En&lewood City Council Auplt 2. 1999 Pqe II (a) Mayor's Clloicc (i) Mayor Bums advised thal last week, on Mooday, we bad the FTA administrator Gonloll LiDloa, praenl • die lite. He IIOted Ff A bu the conttxt for the Light Rail and be lalcr spoke at a luncbcon bolled by the Tramit Alliancz dowDlowD and be was very enthusiastic about the project development. die Lipa Rail. MayCN' Bums llid Chai they noticed ona: you get him lilar1ed talking ll a luncbcon be will allDOll mia bis plane. because be loves ii IO much . He talks and talks and talks about transit Mayor Bums aid the kind of project we bave, which be tboughl Mr. Linaon thinks is Wlique in the ClOUlllly ripl now and ii bas a lot of cliO'erent elemeau. He tboughl Mr. Linlon was especially inlrigued when we told him about all the an we are going to have ia the project too. Mayor Bums said be thought tbal was IOP!dbing be bad new:r beard of before ia one of thcle developments. Mayor Bums opined that FT A ii w:ry NMhwiMk:. Mayor Bums aot.ed we have another requaa for a pant to them, which Mr. Linlon mentioned himself, be brought il up bimsclf'and we hope ii ii suca:aful. Mayor Bums said it wu a very good visit by him He added Iha& we have seen him several times in Washington and Mr. LiDlon rcmarbd Mayor Bums was as enthusiastic about this project now as he was the fint time be showed ii to Mr. Linton in his office in WashingtolL (ii) Mayor Bums congraaulatcd the Littleton/Englewood Was1ewa1er Treatment Plant on their Award of Exccllcncc on Operation and Management from EPA Region 8. There will be a plaque awarded at a later time. (iii) Mayor Bums reminded everyone thal tomorrow night is National Night Out and Council bu received their man:biDg orders from Nancy Peterson to go to their various locations for that project. (iv) Mayor Bums advised thal last 'lbunday be bclpcd to host the Cliambcr of Commerce for the new Veterinary Referral ScrviCIC of Colorado, which is sort ofbcbind LcPccp. He llatcd it is an amazing facility. II is a referral agency for pets of all kinds, it is one of the top ones in the counuy now and their goal is to be the best in the world. And. be noted, they arc a very highly developed facility tbll is very, very impressive and ii is very imprasive IO have tbll son of facility in the City of Englewood. (v) Mayor Bums advised thal they extended congratulations, at the Tri-Cities meeting on Friday, IO Jim Woods, the Assistant City Manager ofLiltleton, as be bas been selected IO be the new City Manager IOIIICUmc dwing lllis monlh. We bad a very good mectina, be said, with the Tri-Cities, we son of ruonstibltcd them to talk about landscaping along the corridor, the Light Rail Project and also land use issues gcncnlly tbll we are looking ll between the tmc cities . (b) Council Member's Choice (i) Council Member Bradshaw : I . She congratulaled Malley Center for their outslanding Volunteer Recognition Program. She said she thought that was really nice . 2. She said sbc bad a copy of Z News, wbicb is from the Colorado Association of Code Enforcement Officials . They have a new law, cfl'cctivc July 1•, on the proof of UlllllaDllC on Class C vehicles and abandoned vehicles and tbinp tbll have gone inlo cfl'cct . Ms. Bradshaw aid sbc would like to have us take a look at ii, bccauac the definition they have as far as a junk vcbiclc is pretty inlerating. And. sbc pointed out, all vebiclca on a property IIIUSl be operational, otbcrwilc the vebiclc must be inside an . • . . ' " ) I • 0 --:-~------:------------------c. .. r---------------~----- • • -. Eagkwood City Couacil August 2, 1999 Page 12 .. --· • ... • - enclosed building or bchiad a solid six fOO( fcncc . She noted that seems to be a problem. thal in some areas wc secm to have way too many vehicles and she thought if wc can screen them off that might help . Aeslbelically it is going to bclp. she opined. but wbctbcr it gets rid of the issue, she does not know _ BuL she uid, she thought she would pass it along to the City Attorney to lake a look at. as she was not sure if he recciva that publiallicm or aot. 3. She advised she will not be able to panicipate in National Night Out, because she teaches al lhc Triad for Arapahoe Commuaity College and her class is from 6 :00 p_m to 8 :30 p.m Ms. Bradshaw said she feels bad about thal, because she really believes in the program and she knows ii rcall y is a good program for our City_ 4 . She comDW!led that we llcq, paillg aU thcse lallOO parlors. She c:ommcntcd that she is all for f'rcc Clllel'prisc, tbal she lbiab tbal is pa&. but it ICCIIIS like we arc gelling a prepoodcraoce of tattoo parlors. Ms. Bradshaw aid she would like to have the City Attorney look iDIO what we can do about that Maybe, she said, ID cnsurc the llf'ety of the people who frequent thaa, if possible. She advised lhat the •-ay she hears about these, oftea times, is from her students at Arapahoe Conunwiity College . The)· go. hey there's a new one and she asks a new what? 1bm they tell her there's a new tattoo parlor above Liquor Barn now . So, she said, I would just like to lake a look at thal, because here we arc trying to raise lhc bar as far as bow Englewood looks and tbcrc arc cenain cstablisluncnts ... and she opined that some 1a1too parlors arc fine , that cvc,y community needs a aiuple ... but, she does not know lhat we need 1 preponderance of them. Mayor Bums said, collllllCllting on thal, that the South Broadway improvements thal we hope to have in the next couple of years will raise the value of the rents in some of these buildings that •ill have an effect on this kind of tenant too . (ii) Council Member Waggoner: I . He said it seems like cvc,y lain tbal we have, we bring a lot of mud down Little Dry Creel. a IOI of silt, I lot of deposition. He said be knows it is very detrimental to the pumps and the fountain in the area. But this last lime nobody sccmcd to bother to drop the dam or tum the fountains off. he said. so ii wu just pushing out muddy water. Mr. Waggoner said be knows several years ago we discussed maybe putting some type of indication upslJ'Call1 that would measure, maybe, the suspended solids and dcflalc the dam automatically and IWn oO' the pumps so that we arc not utilizing that water, at least going through the pumps and tearing up the impellers or wbalevcr it is that is in there . He said it secms like we should revisit thal issue and sec if we can come up with something to make that look a little better during a heavy rain or heavy l'WIOff. 2 . COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRIBUTION or $2,000 TO ASSIST THE ENGLEWOOD HOLIDAY PARADE. Council Member Waggona' aid WC have clone this in the past and be thought it WU appropriate that Council do it for the Puadc Associelion apin. Vote raulta: Ayes : Nays : Absent : Motion c:erried. (iii) Council Membcn Bradshaw, Habenicht, Waggoner, Grazulis, Bums None Council Memben Nabbolz. Garrett Council Member Habenicht : . ' ) I • 0 • •• -. Ea&lewood City Couadl Aupa 2, 1999 , .. u l· ..... ; ~ -· • • - ·• ... .. ' 1. She said she wanled to share wilh Council lhal at lbc last DRCOG meeting there was discussion about DRCOG wanting to entertain • l'Cllllutioo lhlll is being prepared by Slaff to support bolh measures. for the RID and the roadway, for lbc Soutbcul Corridor. Everyone said they wanted to make sure their Council's were aware, Iii they waolcd to VOie their Council . She DOied it is not coming up witil later this monlh and -will hiM a a,uplc ol lDOCliltp before tbal. ML Habenicht advised that they were provided a really wonderful pRIClllaliml by Bill Vidal ud Ibey all asud for copies of it and she just rcc:cived hers in the mail . She asud that it be a,picd and dislribulcd 10 Council, IO that when they talk about what kind of position we might want 10 take. -hiM IOIIIC information. 2 . She said she l&ICDdcd the TlllllSil Alliance meeting this afternoon and they presented a slide show that they have pul togctJa«, tbll lhcy are offering to organiDtions, Chambers, PTO's, service clubs, councils, if-would like 10 -it. Sbc advilcd it is• very, very nice slide presentation, ii takes about ten or fifteen min~ and il docs bighligbt our Cinderella City Transit Oriented Development. (a) City Manager Scan tbulked Mayor Burns and Council, staff, and Mike Flaherty in particular. He said lie -uadar the wea&bcr a lialc bit last ~ and be just wanted to say thanks for all of the nice things from the City and lbc mpport. He stated wc have a great staff and they carried on quite effectively. (b) City Manager Scan said there was a memo from Hank Long on the Skerrin House. in terms of moving ahead wilh the grant 10 do the historical evaluation . He said be was sorry again, as we had hoped to schcdulc • meding, 10 do • walkthrough wilh the Skerrin House. If it is okay with Council, they hope 10 do thal early ll lbc ncx& Council meeting. AJ. the same: time, be advised, wc would like to move ahead wilh lhis graal request. He said be just wanted feedback from Council. whether it is okay to move ahead in that cliRaioa. Council Member Bradshaw said she thinks wc need 10. Council Member Habcaicbt asud if be needed • VOlc or if comensus was enough. City Attorney Brotzman said be just needs amscnsus. Mayor Burns said be thought the memo was very extensive and Wldcrs1andable . He offered appreciation to Hank Long. Council Member Waggoner said, as be widerstands it, the lady that keeps appearing here is anxious 10 buy the property . He asked if that was righL He said he does not think we arc interested in selling il Council Member Grazulis said not at this time . Council Member Bradshaw said wc probably need to send a letter out to that effect . Mayor Burns agreed not at lhis time, bccaulC she docs keep coming back and she is not quite in sync with where wc are going wilh lhis. He noted -appreciate her interest, but be thought that was probably a good suggalion. Council Member Habcnicbt said wc would certainly invite her to participate in the Englewood Historical Society. Mayor Burns and Council Member Bradshaw suggested that could be pan of the letler. City Manager Sean advised wc will proceed under thole guidelines and then send a letler off to her with that direction. ,. ' . ) I • 0 . ] • • - ----~------------------.. ,------------------------~-,----- • l:.a&lewoocl City Coulldl Auplt 1, 1999 Pqe1' • • - .. ' (C) City Manager Scars advised there was a leUcr we banded DUI to RTD. regarding the facility, to Ahmad Fazel, and be just wanted to know if that was also acceplable from a consensus viewpoilll from the Council that WC prooeed. Council Member Bndlllaw aid she thinks that is fine, but she dlinks Dan Brotzman also Wllllled to add IOP!dbiq to .... lcaer . City AIIOIDCy Bruuma ldviled that wc need to run thal by our outside counsel on some cnvirorunclllal iSIUCI, ID WC uould do Iba& prior to IICllding il Council Member Bmdlbaw uked if it bu been IClll She was advised that it has. Then, Ms . Bradshaw aid, wc IIClllll to aald IIIOlber Idler talkillg about cnvironmcnlal issues. City Attorney Brotzman Slated it may lllll be a problem . City Mallagc:r Scars aid, • be Ulldcnland5 the issue from talking to Mart Graham, that it may have been given to Mr. Fazel, bul be indicaled that be was DOI going to pass thal on to the board or the higher ups , UDlil be, Mr. Searl, bad wrillca a Idler and signed off OD il Mr. Scars advised that "'hat he "ill probabl y do is combine it and be will ID lbead with Council's authori:zation, sign it, based upon the change . He will send it to boCb Ahmad Faul and Cal Marcella at the same time . Council Member Bradshaw said she thougbl thal would be really bclpful. Mayor Bwns said absolutely . City Manager Scars advised that that is bow they will prooeed. Mayor Bwns stated wc want him to be sure lhal we are fully in support of this letter. Council Member Bradshaw stated we should caibon copy Cal Marcella on everything . City Manager Scars said that was an cxcdlcnt idea. (d) City Maoqcr Scars aid tbcrc was some information from Chris Olson about the Oxford Recycling in the Cooocil packd. He med if Council had any questions. He said that Director Olson iodicaled this afternoon 1hat be was going to meet with Francis Kent and acwally Mlk the site over there . Council Member Bnidsbaw aid that was good. Mr. Scars advised they will do a follow-up report to Council on this issue at the DCXl meeting. He asked if there were issues raised that Council WlUlled him to do some more follow-up on . Council Member Bradshaw said her concern is that if we have the amount of tires DUI there and. looking at the fire that occurred up by Greeley in 1987. she does DOI know that we need to invite something like that to happen. She asked what safety measures they are taking to make sure that does DOI happen. Council Member Habcoicbl said she dlinks that is so valid. Council Member Bnidsbaw pointed DUI that they are right by that car shredder and there are things that fly off of that too . So it is a real volatile area and it is a big concern to her, she said, because if those would ever catch on fire, wc would ha~ to evacuate. Mayor Bums agreed it would be an awful fire, that you can DOI put them out. Council Member Bradshaw asked if wc wouldn't have to evacuate part of Englewood . City Manager Scars said be thought wc would. And Sheridan. Ms. Bradshaw added. City Manager Scars stated there is a toxic component there . He advised that Director Olson did mention, in their review, that they are llaCkcd in sucJa a manner that they do meet Fire Code requirements. Mr. Sears said wc know, from whal wc can tcll, that we are going to be the finl ones oa site . • ' ... ) I • 0 • • -• l:a&lewood City Couadl Aupll 2, 1999 Pase IS I•~ t I• ... ~ -· • • - .. .. .. " Council Member Bradshaw asked if wc IISSCSli a fee, becawic we have to be at the ready for those folks . or SOIIIClhing like that. She suggested that maybe Slaff oould look at that . Council Member Habenicht said she would like to pursue that fw1her and she really thanked them for bringing &his up. She aid she knoM we bad IOIIIC really acrioua problcma willl waler when wc had the cedar chip problem . And, she said, maybe wc oould look illlO lllat ... bow a fire . or some sort of thing ... would be fought and bow that would affect the waler 111pply . Because that could affect everybody downslream of'us. City Manager Scars said very much 11>. Mayor Bums said absolulCly. City Manager Scars said he would come back IO Couacil OIi tbis issue . Council Member Bradshaw asked wbal WC llavc IO do. lqislalivdy, IO gel Arapahoe County to pay atlelllioa. Because, she aid, lbc does IIOI know wbal IO do. tbal she is more than willing to talk to people. but what do wc have to do? Becaulc. sbe DOied. it is tbcir job to patrol that. City Manager Sears said he knows tbal in talkin& willl Randy Young from Sheridan. about this issue . over the last molllh, he indicated tbal the Sbcriclan Council alto shares the concern that our Council has about those tires and polenlial damaF - Council Member Bradshaw comrocoted tbal wc have a lake. wc have people that are over at a "safe" park and things like that. Mayor Bums staled thal wc have amamig cballcnges in protecting our open space and park in that area . He said it seems like it is one thing after another . ••••• Council Member Habenicht thanked staff for the response to the question about the aosswalks and lighting and traffic on Oxford . She opined lhat the solution tbal staff' 1w recommended sounds really, really viable and she thought it would be nice to have a couple oC neighborhood meetings there and propose thal Especially in a couple oC the neigbborhood areu lbat arc conccmcd about that. Ms. Habenicht said she just thought it was a marvdous compromilc. City Manager Scars thanked Ms. Habenicht and said he would pass that onto Ken Ross, who really headed that up . City Manager Scars said be would like to piggyback on that. He advised that he knows Director Roa and his Slaff' have been working very hard on Union and taking a look at the full analysis of IIUck and traffic . He said be does not think it is quilC ready to come back to the Council, but wc arc getting very close to that and we will probably have lbat OIi an agenda, along, perhapl. with what the Oxford issues arc . City Manager Scars said be would pm Ms. Habcnicht's comments along to Director Roa and the Public Works staff'. He staled Ibey did a good job. Mayor Bums CIOIIIIIICIIICd that it was a lot of material in a short period of time . 14. City Attoraey'a Report (a) City Attorney Brotzman requested a motion to appoint Professor Mark Vogel as Special Counsel for taxation issues. Mayor Bums asked about the reason for thal • ' ' . . ' ) I • 0 - .. ,, • / .. ..... , ..... • •• ... City AUorncy ~ cxplaiDecl 11111 we baft had a complaint to the IRS and we iR responding to the complaint rcpnling wbdber the Aaociate Municipal Cowt Judges iR independent contracton or whether they are employees for laxaUoa purpoees. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT PROFESSOR MARK VOCEL AS SPECIAL COUNSEL JOR TAXATION ISSUES. Ayes : Council Members Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : Noac Ablcaa : Council Members Nabbolz, Garrett Motion carried. (b) City AUorncy BrolZman rapiested a motion ID appoint OUen, Johnson. Robinson. Neff & Ragoaeai • Special Couud for land IIIIC issues relaacd ID light rail . He advised that this would be looking al various options, but primarily an opcioa to look at an overlay zone all along the light rail for the CODsecp!CDa'II fnlm 11111 COIIUIII ia. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT OTTEN, JOHNSON, ROBINSON, NEff A RAGONETTI AS SPECIAL COUNSEL FOR LAND USE ISSUES RELATED TO UGBT RAIL Ayes : Council Members Bradshaw, Habenicht, Waggoner. Grazulis, Bums Nays: Noac Ablal: Council Membcn Nabbolz. Garrett (c) City AIIOnlcy Braczman rapiested a motion ID defend the lawsuit filed by the Filefiat*n' uaiaa C1JaC11111iDc dleir ltjcclal inilial.i~ petitions. COUNCU. MDDEll BllADSBAW MOVED, AND IT WAS SECONDED, TO BERND THE LAWSUIT FILED BY 11U nllUIGBTER'S UNION CONCERNING THEIR REJECTED INITIA 11VE PE1Tl'IONS. 15 . Ayes: Nay,: Ablal: Adjourameat Council Mcmbcn Bradshaw, Habenicht. Waggoner, Grazulis, Bums Noac Council Mcmbcn Nabholz. Garrett EMBER 8RADSBAW MOVED TO ADJOURN. 1bc IIICClilJg adjourned 118 :37 p.m. " .. .. · . ., I . 0 32 - • • • 41 1. 2 . 3 . 4 . .. • •· ·-• - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 2, 1999 Calltoorder. '7:![; ~ Invocation. ~ Pledge of Allegiance . ~ 7 :30 P .M . 5 . Minutes . .. ... 1 r:ffd 6,-0 -a . Minutes from the Regular City Council meeting of July 19 , 1999 . ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) 7 . 8 . a . Englewood Parade Association Cha ir Colleen Burke will be present to address Council regarding funding for the 1999 Englewood Holiday Parade . Non-Scheduled Visitors . (Please lim it your presentation to five minutes .) a, MH.V 8&AJ<;f)I,) -S.Jc..£/f./Urr HotJSE.. ~ . ~IU .. m~t11~0 (..r.-•~f;-C~AHl1i fr. ~H~Y ~rs.s -6~A-F1=1r1 f)~PIJINU:. Cl?/)fll~ Communications , Proclamations . and Appo intments . l)A?l';.J c:-/O a . Proclamation proclai9_ling ,~u!sdar, August 3, 1999 as National Night Out in the -rr a J -City of Englewood . RJ ~ & # 8 / b. Resolution appointing Christopher Ransick to the Englewood Public Library Board .~ a,,}5-D 9 . Public Hearing . (None scheduled) fr Pleau note: If you have a dlsablllty and need auxlllary aids or Ml'VlcH, pleae notify the City of Englewood (303-762-2405) at least 48 hours In advance of when Ml'VlcH are needed. Thank you . • ' ) I • 0 • • ~ .,-. • t4 .. • -' Englewood City Council Agenda August 2, 1999 Page2 10. Consent Agenda . a. A~oval of Ordinances on First Reading . b. Approval of Ordinances on Second ,'1eading . . °19fd'5-{) ~~ ~g ~f;cf~fo{ {he Englewood Municipal Code fJM}--i/8 pertaining to graffiti. Council Bill No. 43, amending the Englewood Municipal Code pertaining to High Occupancy Vehicle (HOV) Lanes Violations . c. Resolutions and Motions. i. Recommendation from the Office of Neighborhood and Business Development to approve, by motion, a contract for Professional Services regarding Inter-Modal Planning for Urban Centers Grant from the Governor's Office of Energy Conservation. STAFF SOURCE: Lauri Dannemlller, Planning Analyst. ~ 11. Regular Agenda. a . Approval of Ordinances on First Reading . i. Council Bill No. 47-Recommendation from the Department of Public Works and the Englewood Environmental Foundation, Inc. to adopt a bill for an ordinance approving the vacation of the Little Dry Creek easement at the ' ' CityCenter Development. STAFF SOURCE: Rl8lc Kal'l111, Engl11w1l11g ~ ,r1!1'rtb~;=~mim•·~~~·f~ M>(J/!J;IJ/~ b . C. Approval of Ordinances on Second Reading. fr Resolutions and Motions. Recommendation from the Englewood Environmental Foundation to adopt a resolution approving the final plat of the CityCenter Englewood Subdivision . STAFF SOURCE: Harold J. Stitt, Senior Planner. ~ Recommendation from the Englewood Environmental Foundation to adopt a resolution supporting the Master Development Agreement for CityCenter Englewood. STAFF SOURCE: Bob Simpson, Board Member, Englewood Environmental 'l,:!n~ion and Director of Neighborhood and Business Development. vv"'1Jj~ Please note: ff you have a dlublllty and l1Nd auxlllary aids or services, please notify the City of Englewood (303-762·2405) at least 48 hours In advance of when servlc:N are needed. Thank you. -. ' ' .. . , ) I • 0 - • •• Englewood City Council Agenda August 2, 1999 Page3 12 . General Discussion. a. Mayor's Choice. ..... .... . b . Council Members' Choice. /IIJOII:::. waggoi,er moved to approve a conll1bution ol $2,000 V ,~; {) to the milt the Englewood Holiday Parade. 13. City Manager's Report. a. CityCenter Englewood Update. 14. City Attomey's Report. .. --• • .. .. •' .. .. .. ' .. {)fJ#'=i-0 a. Motion to appoint Professor Mark Vogel as Special Counsel for taxation issues~ /1iJhJ 5 ...-0 b . Motion to appoint Otten, Johnson, Robil)q.?n, _Ne,ff & R~gonetti as Special Counsel -..,.,-for land use issues related to light rail. /f~ 4.AIII K-{) C. Motion to defend the IIIWIUI lled br the FlnlllgtUf's UnlOn conc:emlng their rejected 7r"".... 1n111a11ve pe1111ona. 12A. ~., ··-~"r-' 'tJ ~~ The following minutes were transmitted to City Council between 7/16/99-7/29/99 : • Englewood Board of Adjustment and Appeals meeting of June 9, 1999 • Englewood Code Enforcement Advisory Committee meeting of June 16, 1999 • Englewood Planning and Zoning Commission special meeting of July 13, 1999 PINN note: If you have. dlublllty and need auxUlary aids or Nl'VlcN, plNN notify Ille City or Englewood (303-712-2405) at ..... 48 hou,. 1n ac1vance or w11en NrVtcN .. IINdecl. ThMk you. ., .. .. .. . ' . . . ) I . 0 • • , . • -' ... ENGLEWOOD CITY COUNCil. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seuioll July 19, 1999 I. Call to Onler The regular mcetingoCtbc Englewood City Council was called to order by Mayor Bums at 7:34 p.m. 2. lavocaciae The inwcation -given by Council Member Nabholz. She asked that everyone bow their heads in rememlnnc:c of John F. Kennedy. Jr .• his wife Carolyn Bessette Kennedy . and her sister Lauren Bessette. The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: A quorum was present Also present: S. Minutes Council Members Nabholz. Grazulis. Garrett Bradshaw. Habenicht Waggoner. Bums None City Manager Sears City Attorney Brotzman Deputy City Clerk Castle Administralion Division Chief Moon:. Safety Services Director Black. Parks and Recrealion Engineering Manager/Capital Projects Manager Kalun. Public Works Director Eaton, Human Resources (a) COUNCil. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEETING or JULY 6, 1999 . Ayes : Nays : The motion carried. 6. Selleduled Viliton Council Members Nabholz. Garrett, Bradshaw. Habenicht. Waggoner Grazulis. Bums None (a) Fin: Division Chief Kieth Lockwood was present to recognize the cffons of Lieutenant Kent Davies. Licutcnalll Mike Panarozzi. and Baaalion Chief Kraig Stovall for their special programming efforts. Mr. Lockwood said 111111 the glorious things they do, when they are saving lives and fig)lting fires. they act a lot ofltudol for 111111. but then: are a lot of things they do behind the scenes thal they probably haw not dooc a vay good job of making people awue ol. He said be would like to recogni:ze some: people who IQJJy arc just out then: working hard and making a diffcn:ncc . , . ) I • 0 • • Englewood City Council July 19, 1999 Page 2 I· •,' .. .. ~ ,,,.-. • ... • -~ Mr. Lockwood advised that. about five or six years ago, we got involved with the Arapahoe Douglas Area Vocational School program. and they had come lo us about putting together a program for doing an internship with the students. This is for a large area, he advised. we draw students from all over the south end. not just the City of Englewood. bul beyond those boundaries. Kraig Stovall. who is a Battalion Chief with our organization. is the individual who spearheaded lhal elfon. he staled. 10 design a curriculum Iha! would take them beyond just being a SIUdent who go1 credit for coming 10 the fire house and meeting the firefigluers . He n:ally saw ii as an opponwlity 10 bring these kids in and leach them something. make them better students. and maybe someday even make them good applicants for the job. Mr. Lockwood said thaL recently, Mr. Stovall anended a padualion of those students and. unbeknownst 10 us. we were presented an oulSlanding service award. II was presented 10 Englewood Fire for meritorious service 10 the Arapahoe Douglas Area Vocational School Med Prep Program. he ad\-ised . By and large. Mr. Stovall was the person who spearheaded that. and enlisaed a number of people 10 develop the curriculum. Mr. Lockwood continued thaL in the last couple of years. another area that we have jumped imo as far as safety education. has been in the safety prevention and car seal programs. Kenl Davies. who is our safe!~ educator. saw this as an area lhal we could get involved in. he said. He got together with Mike Panaro1..21. and the two of them investigated 10 find out what was out there . They became proficient tec hni cian s at installing car seats. which is extremely technical . considering all the different makes of cars and different kinds of car scats. 111.is invol ves a number of different people who arc currentl y being trained to beco me technicians at this. but Mr. Davies and Mr . Panarozzi both have been soned out by COOT 10 become instructors so lhal they can leach others. Al the last conference. we received a cenifica1e for outstanding sen~ce award to the Englewood Fire. in recognition of dedication and suppon toward the advanc ement of child passenger safety in Colorado. he advised . We arc real proud of these guys and their effon s. This 1s really the kind of thankless saulf that goes on. because. unless there is an accident or something. people lend 10 just ignore iL but we rcsa easy at nigh! knowing there is a 101 of work go ing on behind the scenes. he said . Mayor Bums said we are once again reminded of all the great service the lire personnel render to thi s ci~·- He asked for a round of applause. Council Member Habenicht said lhal she has been watching our Safety Services over the years. especially the Fire Division. She said she thinks this is the one division who works so very hard lo change the statistics to make ii seem like we do not need them as much. We have fewer structure fires . less damage. all of that because they do their job so well . and the preventative things thal they do are so valuable . They really do not get enough recognition for all the)• do Iha! isn't the hero stuff. Mayor Burns said great work on the emergency response , loo . lbat is another thing they do a terrific job on . 7. Non-Scheduled Visiton (a) Mary Benson. 1109 South Clayton Street. Denver, passed oul a letter 10 the Council members explaining her requesa . She told Council 1h31 she has a friend who lives just up the street from the Skerrin house on Bannock . She said she has been watching it deteriorate and ii has made her real sad. She said she heard Iha! the City bought the house , and she is happy that someone is laking care of ii. She said her proposal is lo buy the Skerrill house from the City of Englewood. She said she would like 10 go through all the grants. make ii an historical place lhal everyone could enjoy. Ms . Benson acknowledged lhal it needs a lot of wort. She said the house is very interesting. II has some real old parts of ii. and ii has some 1970's awful things. and needs a lot ofll.C. She advised that she had reworked a house located at 2630 South Logan Street. She said ii was a 100 year old house lhal had a lot of problems and she fixed it up and ii is quite a show place now . Ms. Benson said she knows she could do lhal again. She advised lhal she had already gonen some bids on a roof and paint. They are pretty high. she said . One was over • ' ) I • 0 • •• -• -----------------------s .. ~----------------------- / Englewood City Council July 19. 1999 Page J ... .. _,,... .. • • •• $7 ,000.00 for lhc roof. Apparently Ibey just roofed lhc parts that needed iL and lhcn: are riow parts that n:ally need to be redone. The same thing OD tbc punt. she advised, and it would probably cost S 1.500 for carpaUJy before a painter would even take a brush to il Ms . Benson said a painter she spoke to told her thal, in its present condition. lhc house will not last through the winier. She said someone needs to jump on it, and she feels she is qualified to do that. Mayor Bums said he spoke to Ms . Benson about this briefly. with City Manager Sears. He asked when: the City is in its analysis or that suuctun:. City Manager Sears acknowledge that there was a meeting with Ms. Benson. He said the Parts and Rccn:atioo Dcpanmcnt has cleaned it up and we an: involved with doing some historical preservation reviews of tbc building through our Building DepanrnenL but we do not have a full n:po" to give Council . We wen: planning to put this as an agenda item in the middle of August when we have bad an opponunity to look at tbc information from when: we are and in terms of what the State Hisaorical Society has. Mr. Scars asked Din:ctor Black if tbcrc was anything he would like to add in terms or mainlcnanc:c . Mr. Scan said we had to wait until they had their equipment out of the property bcfon: we could do anything. He said it was his undcrSlanding that they may still have some vehicles in the garage. but he was not sure if everything has been taken out of the site yet . Director Black said Ibey an: working with Public Works . Ron Miller and Dave Henderson have been working on the interior and Parks and Recreation persoMCI have been working on the exterior. He agreed that there is still quite a bit of wort( that needs to be done . Council Member Nabholz opined that if anyone on Council has not seen the inside . she would highl y n:commcnd that we have a road trip and everyone take a look at tbc inside of it to sec exactl y what we an: dealing with . Ms. Benson said when she spoke to lhc roofers and painters. they said they wen: from three to six months behind. which puts you in about November . Also. she said she put a call in to the Historical Society and the grams dcpartmcnL and she advised that she is doing all this leg wor1' because she reall y wants the house. and wants it to be a nice place for ~'Crybody. not just her. Mayor Bums said he appreciates her intcn:st. and the City is meeting with her and working with her. and then: will be another meeting in August. and. hopefully, in the meantime. we will have a tour. Ms . Benson said it is a real hodge-podge . but you can sec that really nice things could be done 10 it. Council Member Waggoner clarified that the City did not actually purchase the Gothic and then sell it lo a private party . He said it was redeemed . City Manager Sears said that when he met with Ms. Benson he had explained that the City did not sell tbc Gothic . They had a cure period. or time period for taxes . where he actually came back in and paid tbc back taxes and then look that site over. There was really no sale to them din:ctly from the City, he advised . He asked if Ms . Benson's proposal is that she would like to buy the property from the City and live in it. Ms . Benson said that is conect. and she would never sell il It would not be a quick fix , but a very long one. Council Member Habenicht said she is not clear. She asked if this is an introductory letter in order lo make an offer to purchase this from the City. Mayor Burns said that is what lhc interest seems to be . 8. Communicatioa .. Proclamatioa1 aad Appointmellu (a) A memolllldlm from Bcrvcttc Williams. Chair or the Englewood Public Library Board. requesting that Council declare a vacancy on the Board. was considered . Mayor Burns said this is with regard to Lou Partinson's position for non-attendance . ) I • 0 ' • • ~-( a • Englewood City Council July 19, 1999 Page 4 • • - COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO RECEIVE THE MEMORANDUM AND DECLARE A VACANCY ON THE ENGLEWOOD PUBLIC LIBRARY BOARD. Mayor Bums said he knows Mr. Parkinson quite well and he is sorry that he did not respond to this . He said he did not know quite why . Vote results: Ayes: Nays : The motion carried. 9 . Public Hearin& Council Members Nabholz. Garrett. Bradshaw. HabcnichL Waggoner. Grazulis. Bums None (a) A Public Hearing was held to gatl1er input on Council Bill No . 24 . amending secuons of the Englewood Municipal Code 1985 penaining to graffiti . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARJNG. Ayes : Council Members Nabholz. GarretL Bradshaw. HabemchL Waggoner. Grazulis. Bums Na~·s : None The motion carried and the Public Hearing opened. All witnesses were duly sworn. Adminisuauon Division Chief Moore. Depanment of Safety Services. presented Proof of Publication Notice of the Public Hearing in the Englewood Herald on June 25. 1999. He said he would be happy to answer questions during the course of the hearing. adding that there were four members of the Code Enforcement Advisory Comminee present. who were instrumental , with City Attorney Brotzman. in developing the wording of the council bill . Don Roth. 2830 South Shennan Street. told Council that he had been involved in this process since the beginning as a member of the Code Enforcement Advisory Committee. He also chaired the sub~mnuttcc that looked at this whole issue, he said. Those of you who are familiar with the early history of Englewood will know that about 100 years ago. there were a number of businesses in the area that paid very little allention 10 their effect on the surrounding commwlity. In fact. Mr. Skerrin was the landlord of a number of those business, he advised. Ninety-seven years ago. residents of the area voled 10 fonn the new city named Englewood. l11e first order of business for the new city was lo set some standards for the area businesses . The ordinance that you are looking al tonight, he said, is in that same spirit. In particular. Section 7-6E-10 deals with some of the business issues. and we will talk about that in more detail la1er. he said. Granted. we are not talking about what they were ninety-seven years ago. Gambling and prostitution are not the issues tonight. Tonight we are talking about graffiti , he advised. however. graffiti is just as onerous. This piece was put together by a group of residents, he said. They spent a lot of hours, a great deal of research. tl1ought. discussion. and a fair amount of compromise went into developing this. He thanked all the members ofthal su~mminee who put in 1h31 time, they are very diligent. hard working and patient The sub-commillee members are Todd Boyer. Katherine Fischbach. Ruth Hansen and Gerald Slankorb, and they were all instrumental in developing this. The goal that we set when we started out on this was to design an ordinance that made sense and could actually be enforced. Mr. Roth said he feels we have done a fairly successful job, and compared lo some of the ordinances that were looked at. he feels this piece shows a good deal of restraint There is not a lot of tough sounding language that can not be • • >-J' ,, • ) . I • 0 ! - • • • Englewood City Council July 19. 1999 Page 5 ' -.. .. • -.. enforced. He thanked City Attorney Brotzman for keeping them on the straight and narrow on that issue. We heard from some individuals who Slated that graffiti was not a problem in Englewood. he said. Mr. Roth agreed that it is not as big a problem as it could be. He said he has some pictures taken at the greenbelt down al Rotolo Part that tell a differem story . About a year ago. some of the high school S1Udel1IS painted some very nice murals on the bridge abutments in that area. and this past spring. someone decided to sign their artwork for thent He passed some pictures of what has gone on recently . Mr. Roth said he would like to give a briefSWMW)' of the pieces in this ordinance. The first piece is §7-oF-12. which prohibits graffiti . It is very similar to what is currently in the Code. but it has a little bit tighter focus. and does a little bit better job of defining what graffiti really is. §7-oE-9 prohibits the possession of specific graffiti materials by minors. It seems that most of this son of thing is done by minors and ii would be difficult to control adults in this type of thing. At any rate . ...,;th all the other codes that we have. minors are an easy target. and. since they present the biggest target this is where we looked. he said. While the items prohibited from possession are not all inclusive by any stretch of the imagination. ii does cover the most commonly used items by graffiti taggers. he said. What it does is allow the police a little more leeway in contacting potential or suspected taggers. §7-oE-IO prohibits the sale of those same materials to minors by local businesses. he said. §7-oE-13 defines parental responsibility ...,;,h respect to graffiti. This is the one section that is probably more posturing than there really is meat 10 il he said. but 11 spells out what we were looking for from the parents. He advised that Mr. Bromnan pomtcd out that probabl y no one would ever be charged Wider that section. but it is nonetheless an 1mponan1 piece The final piece in this. he said. is § 15-15-1. wluch places cleanup enforcement under the standard nwsance abatemem process. Mr. Roth advised that the current language allows only twenl)-four hours for cleanup. wluch seems a linJe unreasonable. and it really is not being enforced an~'\\ay. so we might as well make something that is standardized and fits in \\ith the rest of our nuisance abatemenL Mr. Roth said he personally has one concern. Tlus ,.-as put together \\ith a good deal of compromise. and m parucular. §7-oE-10-C. which pertains to the businesses. he said. We had several meetings about this. and this 1s the compromise version. Noc everyone on the committee agrees \\ith the compromise. myself bemg one. he said. although it is better than nothing. On the other hand. I would like 10 see a little b11 stronger language. be said. Paragraph one. as written. allows the businesses 10 Slore these defined graffiu matenals ...,;thin the line of sight of their employees as a theft deterrent. Paragraph two states that tf busmesscs can not comply \\ith paragraph one. then they must store graffiti materials in an area that requires employee assistance. he said. Paragraph one is nearly impossible 10 enforce. he opined. Mr Roth said he doubts that Safety Services would devote a whole lot of time 10 trying 10 enforce thar paragraph. and. m a sense. paragraph two is dependent on paragraph one. Paragraph two is vtnually meamngless in the presence of paragraph one. Mr. Roth said that is his personal opinion. He urged Council to delete paragraph one and the reference 10 it in paragraph two, and make this an ordinance thaJ can be enforced and that would make ii consistent with whaJ Denver passed this last fall. Mr. Roth said he feels that consistency is 1mponan1 in considering our close proximity to Denver. Council Member Habenicht asked if the makeup of the committee was all Englewood citizens. Mr. Roth replied that every member was a resident, and there was one who was a resident and business owner. Ms . Habenicht asked if there wen: four people on the committee. Mr. Roth responded that there were five . Ms . Habenicht said the compromise position was 10 go \\ith this. She asked if that was a compromise. a vote of majority. or a consensus. Mr. Roth responded that he believed it \\-as a consensus opinion to present this with the compromise version. Then: are pros and cons 10 both directions. he allowed. Ultimately that is what it was. and 111:11 is why we decided that maybe Council has a linJe bit better feel for whaJ we need. Ms . Habenicht said the reason she was asking is. when we had some information on this last time. she had the impression that it was strongly endorsed by this committee. and it sounds like now it is not reall y strongly endorsed, but that then: might have been a contingent that would like 10 see tlus be much stronger. Mr. Roth said that is true. It is endorsed by the Code Enforcement Advisory Committee as it stands. We would prefer to see stronger language. but it is acceptable as is . Ms. Habenicht asked if she is 10 understand that what is presented here tonight everybody could agree on. Mr. Roth said we could live with .. \ ) I • 0 • •• • Englewood City Council July 19. 1999 Page 6 • • - .. ' it. let 's put ii that way . Ms . Habenicht asked if nobody would have made ii less weak. but people would have made it more strong. Mr. Roth said right. deleting paragraph one makes it stronger. Ms . Haberuchr asked. in paragraph one, if he was referring to display and storage. Cowicil Member Waggoner said line of sight Mr . Roth said lhal gives the businesses the option of a line of sight display of the merchandise. rather than strict lock down . Mayor Bums asked if Denver is essentially paragraph two . l\.1r. Roth said that is correct. Denver requires lock down . Mayor Bums said there was a question about how much of the painr supplies were actually stolen lhal kids use . Mr . Roth said there are a lot of stalistJcs. and you have 10 rake them all with a grain of sail because everyone is trying to prove their point. 'The reality is probably somewhere between the rwo ex'IIemes. he said. The people who arc pro lockdown are going to say I OOo/o of the painl is stolen. Thal may be true, bur ii does not ncccssarily mean ii was stolen from businesses. ii could have been stolen from the next door neighbor. he said. Council Member Habenicht asked if this wenl before Clean. Green and Proud . Mr. Roth said there was some discussion there. bur no wee was involved. Ms . Habenicht asked whal the understanding was. or the feel. of Clean. Green and Proud. She said she was surprised ii did not go back 10 Clean. Green and Proud . Cowicil Member Nabholz said she did not understand why it would . Mr. Roth said ii is really nor an issue lhal Clean. Green and Proud is concerned with. He said thar he and Mr. Srankorb are borJ1 on Clc:m. Green and Proud. so it was discussed a linle bit. bur ii was not something that commission was dealing with . Council Member Grazulis asked if anyone from Flood Middle School had been consulted . because rhc~ had done a progr:un on this also. and we were 10 rake some of their ideas imo considerauon. Mr Rorh said 11 was discussed a little bu the evening after the meeting. The issues 1ha1 they were bnnging up . number one . the juvenile responsib1h1y "115 counler 10 the rest of the Englewood Code . ii would be , Cl) difficult and thal was their main premise . Ms. Grazulis said as long as they were consulted . She asked 1f the~ had nor also said something about parents being responsible . Council Member Br.idshaw S3ld IJus docs address Iha! concern somewhat. Mr. Roth said there is a parcnlal responsibility section in here . and thal probably is more posturing. as 11 would be difficult to charge anyone on lhal issue. bur nonetheless. ii is speUed out. Council Member Bradshaw asked if he had not said earlier that this was acccprable 10 the Code Enforcement Advisory Comminee as wrinen . Mr. Roth said. as wrillcn. ii is acccpcablc . Ms. Bradshaw said but your smaller commiltee would like it stronger. Mr. Roth said not all of rhe members. TI1ere are two sides 10 this coin. and IJiat is why we pul ii in Council 's lap . Mayor Burns asked if paragraph C-1 is essentially the industry standards. lhal is the lobb ying group that we heard from. Mr. Roth concurred. adding thar it comes from the IMLA . Council Member Bradshaw asked if it was from the Colorado Retail Council. Mr. Roth said the Colorado Retail Council supports ii . but the language actually comes from a recommended ordinance from the IMLA . City Allomey Brotzman explained that it stands for International Municipal Lawyers Association. Mayor Burns asked how Safety Services feels about how enforceable this is. and whether we can still gel the job done by notifying businesses to clean up . Mr. Roth responded Iha! he was sure you could. bur the point he was making was that it is very difficult to prove that they have not been observing . TI1ey put it across the isle from IJ1e cash register. which qualifies for line of sight. but as the clerk is busy ringing up somebody else· s merchandise. he is not warching . Some of those issues probably can be addressed. and there are effecrive ways for lhal to happen, he said. but my concern is whether it will or will not happen . We had some contact with the group that met with us about this and recommended this language and they made some prornises to give help and training lo the businesses and. hopefully , they will follow through on that He said there is a represcntali\'e out in the audience tonight. so. hopefully. she can give a little more insighl on what they really plan on doing. Mr. Roth commented lhal. as he had noted in the lener given 10 • ., ) I • 0 • • • Englewood City Council July 19. 1999 Page 7 .. ,. -· • - Council earlier. one of the concerns with their cffons was they had admined that the model they were using at the meeting was Albuquerque. New Mexico where they had set up a program like this. and then they admitted that they have not been to Albuquerque in two years . Council Member Habenicht said her concern is the Denver ordinance that has the tighter control over tlus . She asked how long that has been in operation. Mr. Roth said he is not sure they have actually implemented it yet. They passed it last November. but he did not feel they have begun enforcing i1 yet al least if they have. they are not doing a very good job. Ms . Habenichl said the reason she raised that is that she noticed on Sheridan Boulevard the other day thal there is a remarkable reduction in the graffiti . II had been a horrendous problem and she wondered if. by some chance . the stronger ordinance had something 10 do with that Mr. Roth said he could not really say . bul he knows that in visiting some of the businesses m Denver. they do not have some of their spray painl under lock down at this time . Mayor Bums said he though! Denver · s ordinance was patterned after lhe Phoenix ordinance He asked Mr Roth ifhe knew how effective that one is . Mr. Roth responded thal Phoenix claims it was extremely effective. but he did nol have the figures in front of turn. He said he knows tha1 was wh y 1hey were here proposing ii 10 Denver. because they fell 11 was extremely efTecu,·e and there was a hu ge reducuon m graffiti. according 10 their statisucs . Council Member Habenicht recalled that we had one of the ,ery firs1 graffiu ordinances m Colorado. and ours was lhe model. We have Dorothy Romans 10 thank for that. she added. Ms . Habenicht said she wams to suppon this. but is really concerned aboul the nuxcd feeling s on the pan of the commlltcc . Mr. Roth said. hopefully to all~iate some of her concern abou1 that. the group suppons 11 as ii 1s . and we all tlunk 11 is an improvement. One of the issues we discussed . also . 1s 1f. m the future . 11 becomes a problem . i1 "'ould be very easy to go back and delete that paragraph al a later date It 1s "''"nen m such a way . he S3ld . that 11 would not be difficult to make that change. There arc pros and cons m both versions. it is Just that considering Denver 's passing of a stronger ordinance . and our close prox1m11y 10 Denver. we arc a linle nervous about having a weaker language m ours. Council Member Nabholz said she knows tlus sub-comminee has worked diligently . with City Allomc:y Brotzman. and she applauds the Code Enforcement Adv1so~· Comnultcc. as well as this sulH:omminee. Mr. Roth said the members did a great Job . Of all the comminccs on lhe Code Enforcement Ad\isory Comm1ncc . this 1s U1e only one that stood the test of time . he s:ud . Christena ES1es . 2534 South Gilpin Street. Denver. said she was representing the National Council to Prevenl Delinquenc y. and the Colorado Retail Council. She said she believes we both sent leners to lhe Mayor and Council and she thanked them for giving her an opponunity to speak on this issue . She said she would also like to thank both the Code Enforcement Advisory Commiuee and sub-commiucc for allowing lhe National Council to Prevent Delinquency to come in and speak "'iU. them on April 5"'. l11ey were very couneous and took in a lot of information al one time . Ms . Estes said she is very pleased to endorse and suppon Council Bill No . 24 . as written. on the lock up issue that was referred to . We. as a retailing commw1ity , suppon flexibility in U1e way that we sell our product. and we believe this ordinance responds to U1e concerns thal we presented to the Code Enforcement Advisory Commillec on April 5"'. At that lime. she continued. we expressed our interest in assisting the City and lhe appropriate graffiti coordinator or community liaison in the training of retailing and providing signage. and that kind of thing . This would be assistance wiU. Ille graffiti program. establishing paint banks. and having a pannership between the two entities was our goal at that time and we are still here publicly to offer that assiSlance. she said. Regarding Denver. the lockup there was not passed without opposition. there was significant opposition !here. and the lockup has not been instituted as of yet. Ms . Estes said she is not sure when Ille actual date of iruliation will occur. but she felt it would be a year from Ille passage . She said she is not sure how their enforcement mechanism will work. and that was one of our concerns that we raised wiU. U.em at that time . We as a retailing community would like to be responsible. she said, and we feel that. if theft is not a major problem in the city. U.en putting punitive type laws on the books without attempting to go for a .. ) I • 0 • • -• ,' Englewood City Council July 19. 1999 Pages - ,. • ~ • .. • -~ ... more flexible approach. is damaging. We would like to have the opponunity to prove to Council that we can be responsible citiz.cns . If this docs not work for a year, wc would be more than happy to come back and revisit the issue, she said. Ms . Estes ag.un thanked Council for the opponunity to speak. and reiterated that wc arc here as a retailing community to suppon the bill as written . Council Member Bradshaw recalled the last time lha1 Ms . Estes spoke to Council she said she would contact different rclaiJ establishments. She asked if Ms . Estes had contacted all tbe retailers in Englewood. Ms. Estes said yes. they have contacted forty-two. and it was those that sold paint and what is classified as graffiti instnuncnts. Ms. Bradshaw said so you have contacted all those at this time . Ms . Estes said yes . Ms. Bradshaw asked what they had found out. Ms. Estes responded that they found out that they were not happy with the proposal to lock up pain!. and that they did not really know a whole lot about the issue and were not very informed as to what City Council was proposing, and they were willing to assist in any wa y they could to make it a better community . Council Member Bradshaw asked if Ms. Esaes could specifically name some of those . Ms. Estes responded that it was a confidential survey . so the Information that they gJ\'e her is contingent upon it being confidential. Mayor Bums asked Ms . Estes if she had spoken 10 them about how much of their product is stolen. Ms . Estes said she did. and it was not a S1gruficant amount. She said she would not lie . there were a couple of problem stores. and we have asked them 10 allow w. 10 come in and help them revamp their program. retrain their employees. put signagc up. and pu1 the matcnals an closer view A couple of the stores that we visited did not have the matcnals up fl'OIII . an a direct line of sight. and "c think that significantly contnbuted to the problem . she said. and ~ were very ~ to receive our assistance . Mayor Burns said Mr. Roth had mentioned a lack of rc.110 .. -up an Albuquerque . He asked Ms . Estes to address that. Ms. Esaes acknowledged that the Nauonal Council to Prevent Delinquency helped Albuquerque set up their program . The decision of the policymakers an Albuquerque was to have us assist their graffiti coordinator. she C"J>laincd. so it is al their leisure that we come in and help them. Last year. their graffiti abatement officer was promoted to the national level in Keep America Beautiful. and they were going through their search process. which may have led to a lack of communication . Council Member Habenicht asked. in any of the cities that the NCPD has had a connection with on this issue, if anyone in the business community, or the retail community, assists in the cleanup of graffiti when their products that they have sold were utilized. Ms . Estes responded that that is part of their program . Tiacy try to bridge the gap between the retailers and the community and help. not only in cleanup. but in providing free paint and assistance . She added that it is personalized to each community. and we would need a clear person that we could deal with and a direction from Council as to whether or not the y want that assistance. Council Member Habenicht asked ifthal would have to be part of our ordinance. City Attorney Brotzman said no . Gerald Stankori>, 4913 Chenango Circle. a member of the Code Enforcement Advisory Committee. said that he was not sure he could really clarify anything, but there seems to be a lot of questions about how the committee felt. We submitted an ordinance to the Council with much stronger language originally and it was taken off the agenda. he said . When we went back and had discussions with the NCPD. there was some assistance offered to us lo make some modifications in the language. and at that point we also. quite frankly , were not sure we had cnougb suppon on Council to pass it the way it originally was . We felt that a compromise bill was better than nothing at all. he said . Mr. Stankorb said he thought. not onl y the sub- committee. but also the full committee. voted to accept both versions of the bill . but that is why it was ' ' ~ ' . .. ... I • 0 • • • Englewood City Council July 19. 1999 Page9 I• : .. .. .. ,. • ... • -.. compromised and modified, in pan. We felt 1h11 if we could get this bill passed. and accept some assiswK:e from their group, that might be better than jllSI the straight out lockup and not knowing whether we were going to get any of the bill passed by COWICil. One odlcr thing, be said. was that be was not sure where the number of forty-two came from that Ms. Estes quoccd as being the nwnber of retailen that were surveyed. He said lhll wu a very misleading number, because the number of businesses that are actually in Eoglewood. and 1h11 actually sell these types of materials. be believes is closer to eleven or twelve. and a couple of them imy ~ Englewood addresses. but are not actually in Englewood . So . be said. we are looking al a very much smaller IIWllber of retailers, and be just wanted to clarify that. COWICil Member Habenic:hl said Ibis brings her a little bit of concern and maybe she is not undentanding. The committee originally gave us a stronger bill and we sent it back? Mr. Stankort> said yes. You felt that Council would not q,port the stronger one so you made it weaker so that Council might suppon it. she said. Mr. Stankolb said they compromised because one of the reasons it was taken off the agenda was because the NCPD came and spoke and we were asked to take another look at it. and that kind of gave us some mixed signals about where Council was coming from . Mr. Stankort> said he believes the Code Enforcement Advisory Committee would suppon either version. either the total lockup . or trying a linle more lenient approach to see if it works . Ms. Habenicht asked if the more lenient approach was second guessing Council. Mr. Stankort> said be thinks that was a piece of it. Council Member Waggoner said it was a compromise. as he understands it. Mayor Bums said Council asked for the survey, too . Mr . Stankort> said he did not know whether it should be called second guess or compromise. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays : None The motion carried and the Public Hearing closed. Mayor Bums said this will be taken up when it comes back before Council for action . Council Member Bradshaw asked that this maner be brought back at the first meeting in August. It was Council's consensus thal they would like to see this bill again al the fust meeting in August . 10 . Coaseat Aceada (a ) Approval of Ordinances of First Reading. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING . (i) COUNCIL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING Tm.E 11 , CHAPTER I. SECTION 18. OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERT AlNING TO HOV LANE VIOLATIONS . Voteraulu: Ayes : Nays: The motion carried. Council Members Nabholz. Garrett, Bradshaw. Habenicht, Waggoner Grazulis. Bums None • ' . ,. " - I • 0 • •• • ,- Englewood City Council July 19, 1999 Page 10 .. -· • • - (b) Approval ofOrdinanccs OD Second Reading .. .. COUNCU. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii). (iii) AND (iv) ON SECOND READING. (i) ORDINANCE NO . 36, SERIES OF 1999 (COUNCIL BILL NO . 16. INTRODUCED BY COUNCil. MEMBER WAGGONER) AN ORDINANCE REPEALING 1TI1.E 7, CHAPTER 4. OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO BURGLARY PREVENTION . (ii) ORDINANCE NO. 37 . SERIES OF 1999 (COUNCil. Bll.L NO . 32 . INTRODUCED BY COUNCil. MEMBER BRADSHAW) AN ORDINANCE AU1li0RIZING TIIE ACCEPTANCE OF A GRANT OF PROPERTY TO THE CITY OF ENGLEWOOD FROM ARAPAHOE COUNTY . (iii) ORDINANCE NO. 38 , SERIES OF 1999 (COUNCil. BILL NO . 37. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 1TI1.E 12. CHAPTER 18, SECTION IO. OF THE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO FIRE HYDRANTS . (iv) ORDINANCE NO . 39 . SERIES OF 1999 (COUNCIL BILL NO . "4. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND rnROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2. 1999. V Ok raults: Ayes : Nays: Council Members Nabholz. Garrell Bradshaw. Habenicht. Waggoner. Grazulis. Bums None The motion carried. (c) Resolutions and Motions COUNCIL MEMBER WAGGONER REMOVED ITEM 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (ii). (iii) AND (iv). (ii) RESOLUTION NO . 77, SERIES OF 1999 A RESOLUTION AU1li0RIZING TIIE CITY OF ENGLEWOOD , COLORADO TO FILE AN APPLICATION wrra THE U.S. DEPARTMENT OF COMMERCE : ECONOMIC DEVELOPMENT ADMINISTRATION FOR A GRANT WIDCH WILL FUND THE DEMOLmON OF THE EXISTING ENGLEWOOD CITY HALL. SURROUNDING ROADWAY AND PARKING LOTS . (iii) RESOLUTION NO . 78 , SERIES OF 1999 -... -~-------· ~- ', ... ) I· 0 • • Englewood City Council July 19, 1999 Page 11 • • - .. .. A RESOLtmON AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO TO FILE AN APPLICATION WTrn THE DRCOG 2001-2006 TRANSPORTATION IMPROVEMENT PROGRAM FOR A GRANT WHICH WILL RJND SANT A FE LANDSCAPING-PHASE II. SOUTH BROADWAY STREETSCAPE. SIDEW ALI( INSTALLATION IN Tiffi BLOCKS OF 3000-3600 WEST BELLEVIEW A VENUE AND 3000-3400 SOU'rn UNIVERSITY BOULEY ARD . (iv) A CONTRACT Will{ CAROLLO ENGINEERS IN THE AMOUNT OF $65 ,3 00 .00 FOR TECHNICAL ASSISTANCE FOR THE LITll..ETON/ENGLEWOOD WASTEWATER TREATMENT PLANT'S DISCHARGE PERMIT RENEW AL . Vote raulu: Ayes : Nay s : The motion carried. Council MembeB Nabholz. Gam:tt. Bradshaw. Habenicht. Waggoner Grazulis. Burns None (i) Council Member Waggoner said he has some questions Mayor Bums read Ilic title of the resolution for the benefit of the audience. Director Black pnllCIIICd the recommendation from the Depanment of Parks and Recreation to adopt a resnlution lpPl'O'Villg an ~ment between the City and the Society for Prescn•ation of Humani~. to provide an in public places. He ad\ised that the Society would like to put ten sculptures m the City of Englewood along Litllc Dr)• Creek for a two year period. with oplions for renewal. Mr. Waggoner said his concerns were more granunatical than anything. Under page 2. paragraph 4. he said. down about the middle. it staru "with the actual cost of removal and installation of the rcplacemcm piece shall be paid ... " I guess we should either take out "with" and just say the actual cost removal and installation ... " or lc:a'Vc "with .. in and take "shall be .. out. he said. One way or the other. llie language does not read right. Council Member Bradshaw asked if that is in addition to the other amounl Mr. Black said yes. it 1s. That is if the City and the Cultural Ans Commission sign off on the original len pieces going in. and they arc installed. and thCD lalcr on. the City decides that for whatever reason. there is a piece that needs to be removed. and the City would remove that piece. Council Member Bradshaw said so it is if we decide the piece needs to be R:IIIOVcd we pay for it but if it is just the natural rocation ... Mr. Black said that is correct. Ms . Bradshaw said she thinks that is misleading. Mr. Waggoner said. down in paragraph 9. staning with "if the Society fails to repair the dangerous condition the graffiti within twenty-four hoUB ... ·• That docs not read right either. he said. City Attorney Brotzman said there should be the word "or" between ·'condition" and "the". Council Member Habenichl asked for clarification. If it is relDO\led because of a matter of taste, after it has been acccpccd. the City beaB the cost and if it is removed because it is a safety issue. or a liability issue. or a danger issue. it is removed at the cost of the Society, she said. Mr. Black said that is correct. Mayor Bums said he would liltc to ha\·c a better definition of what a Sculpture Garden is. Mr. Black said he thinks for the purpose of this conttact, the Sculpture Garden means the location that the ten pieces of sculpture will go into. We really did not get into a specific definition. he said, but basically that is what it means. it is the location of the ten pieces of sculpture. Mayor Bums said also. under the acts performed by the City. page 3, number 4 , "the site or sites for the Sculpture Garden will be at the discretion of the City. so long as the site is in a City owned park". so that .. ) I • 0 - • • • Englewood City Council July 19, 1999 Page 12 • • • .. .. ' coold include anywhere. These ten. he said. arc only going in Little Dry Creek . He said he did not think the definition of Sculpturc Garden is DOI confined to just those ten. because there is a reference here to any park or open space in the City. Council Member Bradshaw asked if wc need to just tie this down on specifics more. Mayor Bums said he thinks the definition of Sculpturc Garden could be very broad. and it was just the fact that there was no definition here that bothered him . Mr. Black said we coold go back and revisit that definition. but, basically, for what we arc loolung at here . it is the location of the ten pieces of sculpture that they will present but wc can include a defiruuon as pan of the agreement Council Member Bradshaw said let's just pull it and bring it back with those things cleared up at the first meeting in August. Council Member Habenicht asked if that would preclude the installation . or moving forward in what they arc trying to do. if we postpone il Mr . Black srud they arc in the process now of moving sculptures in. in fact they have already brought some in from out of state. Their plan was 10 mo\'c forward at the end of this month or the first of August for installation. but if this is 001 clear. and Council wants 10 go back and clean this up. we can cenainly do that . he said. Ms. Bradshaw said n would dcL1~ them two weeks . Council Member Habenicht said she would like to clarify that her understanding is that the tem1 Sculpture Gardens is a term that they use . It is capitalized in all places. so that it is nol really a deli nil.ion kind of issue. but more of a designation i55UC. whal they call it when they put something in . So whal else 1s nol clarified in here. she asked . Din:ctor Black said he thinks that is a fair definition. where the specific location is what he considers Sculpturc Garden. Council Member Waggoner said at the lop of page 3. there is this "$6.2000" and I am not sure I can read that nwnber. Council Member Habenicht said we are just talking about grammatical and typographical errors. She said she does not sec why it needs to be continued. Mayor Burns said he is still looking for that definition . Council Member Bradshaw said she would rather have it passed in total . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i) WITH THE GRAMMATICAL CHANGES THAT HAVE BEEN SUGGESTED . Mayor Burns asked if he was going to include the definition of a sculpture garden. Council Member Waggoner said he is tom between sculpture garden capitalized. It seems like that is a specific place for each sculpture. each one individually could be a garden in itself. Mayor Burns said the firsa Whereas says there is a proposal submitted for the construction of sculpture gardens to be placed in park or open space areas of the City of Englewood. Council Member Waggoner added ALONG WITH THE DEnNmON Of A SCULPTURE GARDEN to his mocion. Vote realU: • ) I • 0 • • -. Englewood City Council July 19, 1999 Page 13 , ..... • • ,. • - Ayes: Council Members Nabholz. Gama. Bradshaw, Habenicht. Waggoner. Grazulis. Bums Nays: None The motion carried. Mayor Bums advised that this is a resolution and would need to have a number assigned. The resolution was assigned a number and read by title. RESOLUTION NO . 79. SERIES OF 1999 A RESOL LTI ON AU'JliORIZING A CONTRACT FOR THE ART lN PUBLIC PLACES PROGRAM BETWEEN THE SOCIETY FOR THE PRESERVATION OF HUMANITY AND THE CITY OF ENGLEWOOD . COLORADO . Council Member Waggoner said let's stan over. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i) AS AMENDED AND WITH mE DEFINITION OF A SCULPTURE GARDEN. Ayes: Council Members Nabholz. Gama. Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays: None The motion carried. Din:ctor Black said he would work with City Attorney Broczman to clean thal up and come up ~ith a better definition of Sculpture Garden. 11. Rqular Apda (a) Approval of Ordioana:s on First Reading There were no additional items submitted for approval on first reading. (Sec Agenda Item IO -Consent Agenda) (b) Approval of Ordioanccs on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE REGULAR AGENDA ITEMS 10 (b) (i), (ii) AND (iii) ON SECOND READING • (i) ORDINANCE NO . 40, SERIES OF 1999 (COUNCIL BILL NO . 40. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDlNANCE AMENDING 1TILE 3, CHAPTI:R 6, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERT AJNING TO THE ADOPTION OF AN AMENDED CITY OF ENGLEWOOD NON- EMERGENCY EMPLOYEES RETIREMENT PLAN . (ii) ORDINANCE NO . 41, SERIES OF 1999 (COUNCIL BILL NO . 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDlNANCE AU'JliORJZING THE TRANSFER OF PROPERTY FROM THE CITY OF ENGLEWOOD . COLORADO TO THE ENGLEWOOD McLELLAN RESERVOIR FOUNDATION . • .. ·. ) I • 0 • • Englewood City Council July 19, 1999 Page 14 ' .. .. .,... . • • - (iii) ORDINANCE NO. 42. SERIES OF 1999 (COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AlITHORIZING llffi "AMENDMENT' TO Tin: INTERGOVERNMENTAL AGREEMENT WIIB llffi REGIONAL raANSPORT A TION DISTRICT FOR llffi CONSTRUCTION AND FUNDING OF Tin: TRANSIT FACILITIES AND PARKING SPACES AT CITICENTER ENGLEWOOD . VOk raultJ: Ayes: Nays: The motion carried. Council Members Nabholz. Garrett Bradshaw. Habenicht Waggoner Grazulis. Bums None (c) Resolutions and Motions (i) Engineering Manager/Capital Projects Manager Kahm presented a recommendation from the Dcpanmenl of Public Works 10 adopt a resolu11on supponing the Englewood En\cironmental Foundation 's selection of Cal Con Constructors as the General Conrractor for the remodel construction of Englewood Civic Center. Mr. Kahm said he is also here this evening as a board member for the Englewood En,~rorunental Foundation. He said the Englewood Environmental Foundation was created to suppon the redevelopment of CityCenter Englewood. At the end of 1998. C ouncil supponed the issuance of Cenificates of Panicipation. that provided S9 .3 million for the remodeling of tl1c fonner Folcy·s building for a new Ci,~c Center. Cowicil also approved Resolution No. 74 . Senes of 1999. pro\'1din g an additional S2 million for tlus project. Al this time. staff recommends that Council suppon_ b~ resolution. the Englewood Environmental Foundation · s selection of CalCon Constructors as the General Contractor for the remodel of the Civic Center. "ith construction to begin in about a week. approximately Jul y 26. 1999, he said. Ca.lCon has assisted the Foundation and David Owen Tryba Architects "ith pre-<:onstrucuon activities. including building exploration. design. value engineering and cost estimates. CalCon has solicited bids from multiple sub-contractors and arrived a1 a guaranteed maximum pnce for the remodel of the project. he explained. Ca.lCon ·s guaranteed maximum price for the project 1s S9 .363.0,'2.00 Al the July 12,. Study Session. Cowicil also discussed several alternatives to the project and elected to go forward with alternates I. 2 4, 5. 6 and 7 . which added approximately S270 .000 to that guaranteed maximum price Mr. Kahm said he believed the communication Council had suggested that number is S'78.000 .00. bur that was the total of all the alternatives. if they had all been selected. Also. he said. tliat means tl1e S9.741.000.00 number on the communication should actually be S9 .633.533 .00. TI1at would be the total of construction. with the alternatives Iha! Cowicil selected. Those alt.ematives would bring tl1e estimated total project cost to S 11.175.486.00. which includes all the design scf\•1ces . furniture. fixture eqwpment. and an owner's contingency for the project of SJ 17 .000.00. he said. As was also mentioned al that Study Session. the contractor's guaranteed maximum price also includes S250.000.00 in construction contingency. so we actually have a contingency of S567,000.00. or 6 .3o/o of the total project. available to us, he said. Mr. Kahm repealed thal the rota.I funding for tbe project thal is available is S9 ,300.000 .00 from the COP 's and the S2 million that was moved by Resolution 74 . Series of 1999. so the total budget available is SI 1,300.000.00. That is adequate for the project as proposed. he said. Mayor Bums asked Mr. Kahm to give him thal nine million figure again. \\ith the alternatives. Mr. Kabm said. where it says S378.000.00. would be S270.491.00. Council Member Waggoner said that was not in the resolution. Mr. Kahm said no. it was only in the communication. Mr. Waggoner asked what the correct numbers for the resolution were. Mr. Kahm said. in Section I. lbe S9.636.000.00 figure is the base GMP, and thal number. with the alremati,•es that Cowicll selected. would go 10 59,633,53 3.00. for a total project budget of S 11.175,486.00. Mr. Waggoner asked if. in the Whereas. S 11.300.000.00 was correct . Mr. Kahm said that number is correct .. • I • 0 • •• ,. • ./ I,• .. • •• Englewood City Council July 19, 1999 Page 15 The resolution was assigned a nwnbcr and read by tide. RESOLIJTION NO. 80, SERIES OF 1999 .. .. A RESOLtmON SUPPORTING TIIE ENGLEWOOD ENVIRONMENT AL FOUND A TJON 'S CHOICE OF CALCON CONSTRUCTORS AS TIIE GENERAL CONTRACTOR FOR TIIE REMODEL OF TIIE ENGLEWOOD CIVIC CENI"ER. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (I)· RI.SOLUTION NO ••• SI.RIES OF 1999, WITH THE nGURE CBANGL Mayor Bums said Ibey had gone through quite a long pn,c:eg to get the guaranteed ma.somum price , Mr. Kahm apologm:d for those enors in math thal caused some confusion this evening, Ayes : Nays : The motion carried . Council Members Nabholz. Garntt. Bradshaw . Haberucht, Waggoner Grazulis. Burns None Mr. Kahm said the Foundation will proc:ccd. He thanked Council. Mayor Bums thanked Mr. Kahm for all his work on this. (ii) Director EalOD presented a recommendation from the Human Rcsourccs Dcpanment to appoint an arbitrator to conduct hearings in the matter of the impasse between the City of Englewood and the Englewood Police Benefit Associatioo . Ms. Eaton advised that Council bad been provided with three resumes from which to choose the arbitrator. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE HARVEY A. NA THAN AS THI.ARBITRATOR FOR THI. ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Ayes : Nays : The motion carried. 12 . Geaenl Dilcuuioa (a) Mayor's Choice Council Members Nabholz. Garntt. Bradshaw. Habcnichl Waggoner Grazulis. Burns None Mayor Bums had no matters to discuss. (b) Council Members' Choice Mayor Bums asked if there were any additional items that had not been discussed at the Study Session . (i) Council Member Bradshaw said she just had a quick question. She asked if Clean. Green and Proud came before them with a trash hauling recommendation. Mayor Bums said not lately . Ms. Bradshaw asked whal that l'CCOIIIIIIClld was . Council Member Nabholz said it was referred back to Clean, Green and Proud. Council Member Garrett recalled thal is was for one hauler. Ms. Nabholz suggested having Mr. Roth or Mr. Slankorb address that. ' .. ) I • 0 i l 1.J • •• Englewood City Council July 19. 1999 Page 16 .. • • -- ' Don Roth staled that it got referral back. although be did not think they ever got so far as to actually recommend a one hauler sysrcm , We were iovcstipling that. be said. and the consensus among the haulers was that they would prefer thaa llllbcr daa a division of the city. We have discussed all of this with them. but it has been three or four years now . and all oftbc haulers have shuffled, so it is hard to say what their opinion wwld be, Council Member Bradshaw said the reason she asked was because she wanted to know if the possibility of Englewood contncting with Denver had been discussed. Mr. Roth said be did not think that was ever rally invcstiga&cd . Pan of the reason is that one o( the haulers is an Englewood business. Waste Management has their operation here. so we were looking al it more as a private enterprise. he said . Ms. Bradshaw said. after dealing with nwncrous complaints in Arapahoe Acres about different trash haulers who ~ to pick up some days. and not other days. Sometimes they pick up on the day after a holiday. and sometimcs they try to pick up on the holiday , and it gets very confusing. she said. and she wondered if Clean. Green and Proud could revisit thaa and look at alternatives. or staff or whoever. Mr. Roth said if it went to contract hauling. those are the kinds of things that you could lay down as pan of the contracl. Ms. Bradshaw said she does not know if Council has any interest in that or not. but it is the wear and tear on our streets. Council Member Habnicht said there have been so many other things on our plate that we have put thal on a back burner. but it is an important issue . Council Member Bradshaw said five clifTcrent haulers go through her neighborhood. Mr. Roth said it is definitely on Clean. Green and Proud 's agenda to pick up that issue and stu1 worlting on it again. we just have too many other things before us righl now . Council Member Habenicht said let's move forward. I agree with you . Council Member Bradshaw said she would like to sec thaa revisited . Mayor Bums said there seemed to be a bias that people wanted to be free to hire their own trash haulers. and then you do get four or five going down the same alley . Council Member Garrett asked if it would require a vote of the people to go to a single hauler if we were to impose a tax on them to pay for that City Attorney Brotzman said that is actually a fee . so you would not have to go to the voters. Mayor Bums said you might want to. Council Member Bradshaw said she would think we would want to . She said she would Ii.kc to have that explored. (ii) Council Member Nabbolz: I . She passed out her CML repon. and said thank you . 2. She thanked Council and the City Manager's office for flowers last Monday. 3. She asked for the status of Tim al 4898 South Lincoln SUect. She said she has written some others down for Mr. Scars 10 check into. 4 . She said that Governor Owens has requested that clcctcd leaders proclaim July 31. 1999 as Colorado Cares Days. If there is something that we can do either as a Clean. Green and Proud Commission. or all the commissions, she felt that would be nice . • ) I • 0 ·.] • • -• Englewood City Council July 19, 1999 Page 17 /" . • • - .. .. 5. She said she is intcrcsted in attending the Federal Transit Administration. July 26. 1999, here . She said she had the privilege of meeting Gordon Linton just as be popped his head in that morning. 6 . She said. if no one else is going, or intcrcsted in going, to the Rail-Volution Conference in September, she is intcrcsted in attending. 7 . She said she had another very big thank you. She received a call last week at work. the Fire Department was at her house. They showed up quickly and. since her neighbor had a key. she was grateful they did not have to break down the door. Thank you to the Fire Dcpanmcnt she said. It was just basically a smoke alarm that was directly wired. and even though they disconnected it and took !he battery out it was still g')ing on. 8 . She thanked Council for allowing her to attend the conferences and for !heir patience with her. Mayor Bums asked if there was a cost associated wi!h the 26"'. Ms. Nabholz said y es. ii would be $25 .00 per person. Mayor Burns said he bas been asked by RTD to be active in !hat and meel wi!h Gordon Linton He is going to tour the light rail line, he added. so he will be in Englewood sometime !hat day . Ms. Nabholz said she had requested to get that day off. as she is very interested in it. 13 . City Manager's Repon (a) Department City Manager Scars said he would pass on Ms. Nabholz " comments to !he Fire (b) Mr. Scars apologized. He said. unfonunately we received this on July 13"' from !he Governor's office and nobody knew it was coming. He said he asked all the dcparunents to give him some ideas, because many corporations were also contacted. He said he got a call from Swedish and they have a number of volunteers that arc ready to go do something. so they arc going to go do this on this Saturday wi!h Dave Lee from our Parks Dcparuncnt do some clean-up types of things. Mr. Sears said we will let the Governor's office know. Council Member Nabholz asked if a proclamation would work. Council Member Bradshaw said we do not have any time left. but we could retroactively pass it. Mr. Scars said we will facilitate this and he will ask for more notice next year so we can work through !he community. Council Member Nabholz said !hen: are cub 5WUt troops that need to earn their community service badge that this would be wonderful for . Mr. Scars said there was no word on this from CML. Council Member Grazulis said !here was something at CML. but it was with the youth thing, and they passed out posters to us. It was kind of generalized. she said, but a lot of churches have jumped on this and !hey arc helping out people within their congregation, elderly people especially . Mr. Scars said he bas asked the departments to give him some ideas of things they could do for this weekend . He asked. if they hear of other groups in the community. that they let him know. * •••• Mayor Bums said the Metro Mayors' Caucus meets this Friday, and Cal Marsella will be there to rcpon on their latest Slatistics on their Southeast Corridor bond issue, which is already getting various kinds of press. Also, there is a rcpon on suppon for the DRCOG 2020 Plan generally . ) I • O i • •• • Englewood City Council Jul y 19, 1999 Page 18 )• . ' ~ .. ~ -· • • - ..... .. ... ' .,. Mayor Bums said he needs to have a direct meeting with RTD about the parking situation at Oxford. because they are DO( eatenaining that right now . He said he talked to one of their board members the other day and they do DO( think that is on their agenda. Mayor Bums said he is very concerned about it. and he was invited to approach Gordon Linton. the FT A AdminiSUator, when he comes in next Monday to talk about any other grant programs at FT A that we might try. He said he spoke to Director Simpson about that Friday , also . Council Member Waggoner said he knows we un-<:ntertained their light rail stop at Oxford. Council Member Bradshaw said because it is in Sheridan. Council Member Habenicht said she thinks we need to look at that . • • * •• Mayor Bums said there is also a Tri-Cities meeting scheduled for 2:00 p.m .. but he was WtCCnain of the date . City Manager Sears said he has asked Director Simpson to coordinate that. and they will gi ve Council a call, because he was also uncertain of the date and time . Mayor Burns said he was not cc n.11J1 who was on it last . He said he has gone to a lot of these meetings . although he was nc\'er on th e comrnince. but just interested. Council Member Habenicht. referring lo a correspondence that she had received. said we arc the onl y three that they have not received a response from . Council Member Bradshaw asked who the three were . Ms . Habenicht said herself. Mayor Bums and City Manager Sears . Ms. Habenicha said the meeting is al 2:00 p.m. on the 28 .. and she would be able 10 make it. Council Member Bradshaw said she could not make it City Manager Sears said let 's see if we can reschedule . He apologi7.cd and said they would get back to Council on that Ms . Bradshaw said she thought that was when we were going 10 focus on the Platte Ri ver corridor. Oxford and all those issues . Council Member Nabholz said same thing with the Swedish Task Force . but I guess you have been meeting. Mr. Sears said we have not met •• * •• Council Member Garrett said the City of Englewood 's golf team was victorious today at the Greater Englewood Chamber of Commerce Tournament . * * *. * Council Member Grazulis said a person complained 10 her that they were trying lo get a license plate number off of a car that was speeding and it had neon around the license plate with the license plate light turned off. so ii was unreadable . They were wondering what kind of an ordinance we have on that . Division Chief Moore said ii has to be readable. He asked if she knows who the person was . She said no . but ii was complained about but not addressed . Mayor Burns said that is a State law. Division Chief Moore agreed, and said he would talk further \\ith Ms . Grazulis about it .. ) I • 0 - • •• -• .. Englewood City Council July 19, 1999 Page 17 .. . --· • • • .. ~ .... 5 . She said she is inlCl'CSled in attending the Federal Transit Administtalion. July 26. 1999. ~-She said she had the privilege of meeting Gordon Linton just as be popped his bead in that morning. 6 . She said. ifno one else is going. or interested in going. to the Rail-Volution Conference in September, she is iolerestcd in allcnding. 7 . She said she had another very big thank you. She received a call last week at work. the Fire Dcpanment was• her house . They showed up quickly and. since her neighbor had a key. she was gralCful they did not have to break down the door. Thank you to the Fire DcpanmcnL she said. It was just basically a smoke alann that was directly wired. and even though they disconnected it and took the battery ouL it was still going OIL 8. She thanked Cowicil for allowing her to attend the conferences and for their patience with her. Mayor Bums asked if there was a cost associated with the 26"'. Ms. Nabholz said yes. it would be $25 .00 per person. Mayor Bums said be has been asked by RID to be active in that and meet with Gordon Linton He is going to tour the light rail line. be added. SD he will be in Englewood sometime that day . Ms. Nabholz said she had requested to get that day off. as she is very interested in it. 13 . City Manager's Repon (a) Depanmenl City Manager Scars said he would pass on Ms. Nabhol z · comments to the Fire (b) Mr. Scars apologized. He said. unfortunately we received this on July 13th from the Governor's office and nobody knew it was coming. He said he asked all the depanments 10 give him some ideas. because nway corporaions were also coalacted. He said be got a call from Swedish and they have a number of volunteers thal are read)· to go do something. so they are going to go do this on this Saturday with Dave Lee from our Parks DepanmcnL do some clean11p types of things. Mr . Sears said we will let the Governors office know . Council Member Nabbolz asked if a proclamation would work . Council Member Bradshaw said we do not have any time left. but we could retroaetively pass it. Mr. Scars said we will facilitale this and be will ask for more notice next year so we can work through the community. Council Member Nabbolz said there are cub scout uoops that need to earn the ir community service badge that this would be wonderful for. Mr. Sears said there was no word on this from CML. Council Member Grazulis said there was something at CML, but it was with the youth thing. and they passed out posters to us. It was kind of generalized. she said, but a lot of churches have jumped on this and they are helping out people within their congregation. elderly people especially. Mr. Scars said be bas asked the dcpanmcnts to give him some ideas of things they could do for this weekend. He asked. if they hear of other groups in the community. that they let him know. . .... Mayor Bums said the Metro Mayors' Caucus meets this Friday, and Cal Marsella will be there 10 rq,on on their latest statistics on their Southeast Corridor bond issue, which is already getting various kinds of press. Also, there is a rq,on on suppon for the DRCOG 2020 Plan generally . • . . I • 0 - Englcwood City Council July 19, 1999 Page 19 14. City .U..,'1-..., City Aaoncy 8laama 111d ao maacrs to dillCUIS. 15 . Mjcwl: .. • • ---.. MAYOR aUIINS MOVED TO ADJOURN, The meding-ldjoumed at 9:00 p.m. • .. .. ', • 'I ... I . 0 32X - •• • ,, -• • • •• .. ' .. Englewood Parade Association 3400 South Elati Street Englewood. CO 80110 • Mayor Tom Bums City Council 3400 S. Bannock Street Englewood, CO 80110 City of Englewood Dear Mayor Bums, July 22, 1999 The 30th ann u al En gl ewood Ho liday Parade w ill be he ld thi s yea r o n Saturday, November 6 , 1999 . A · alw ays , the parade w il l co nsis t o f numero u s bands, service club , community gro ups. and bu siness entries . The Englewood Holida y Parade is no w the second largest parade in Co lorado . The theme of thi s year 's parade is "Every thing Old is ;\Je w Again ." We are hoping to celebrate the re vita li zation of the Englewood business community and the construction of the RID light rai1 e xtension. We would again like to thank you for your generous d o nation o f 5'.:,000 plus in-kind to la s t year 's parade. Given your civic spirit. we w o uld like to extend an opportunity to yo u to again publicize your organization by contributing to this year's parade fund in an amount equal to , or a modest increase in, your contribution of last year . As in the pas t, the parade sponsors ' names will be listed in parade advertisements and announced from the judge's boo th durin g the parade. We lo o k fo rward to hearing from you soon. Please feel free to call me at (303) 71'i1-4021 i f yo u ha,·e ques ti on s . MD:dl cc: City Council Members Sincerel y, . r) '1 j / lr-t t -~,,t~ H Ly- Mary Dounay, Treasurer Englewood Parade Association • .. 6 • 0 I . 0 • •• / ) ' . ·~· ... ' ! to · .. • • • . , .. PUBLIC COIIIIENT ROSTER AGENDA ITEII 7 --..ctEDULED VISITORS DATE: Auguat2.1111 .. NON-SCHEDULED VISITORS IIAY SPEAK FOR A IIAXIIIUII OF FIVE IUNUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COIIIIENT ROSTER. STATING NAME, ADDRESS, AND TOPIC OF COIIIIENT. PLEASE PRINT NYE ADDRESS TOPIC , . ., ' . . I . 0 32 ... • •• -• .. ~ .,,-. • ,. • -' MEMORANDUM TO: FROM: SUBJ: DATE: GARY SEARS, CITY MANAGER HANK LONG, DIRECTOR OF LIBRARY SERVICES PROPOSAL FOR REDEVELOPMENT OF THE SKERRITT HOUSE JULY 21, 1999 . . ' On Tuesday, July 20, Mike Flaherty , Dave Lee, and Ron Miller, and I met w ith Rob Sontag from the Colorado Historical Society's State Historical Fund to view the Skerritt House and discuss options for its future use. According to Rob, the City appears to be eligible for up to 510,000 in CHA grant funds to conduct an architectural evaluation/historic struct ure assessment of the property . We can apply for this study at any time , and it doesn 't require matching fund s on our part . The actual process emp lo ys the services of an outside consultanVspec iali st in the fi e ld of hi sto rica l preservation, a list of wh ich is available through the GOPIN (Colorado Preservatio n Informat ion Network) webs it e (www.copin .o rg ), and averages 4-6 months to complete (e .g. approx imate ly 2 wee ks for revi ew and approva l by th e CHF. 2 month to complete the contract w ith the State . and 60-90 days for th e eva luat ion procedure). The purpose of thi s study would be to help us ascerta in how best to proceed w ith ix in g up the house (e .g. restoration vs . rehabilitation) as well as to determ ine its eventual treatme nt (e.g. community museum vs . professional ottice space/studio for an indivicua l or non-profit age ncy). Rob also suggested two other courses of action wh ile we are wait ing for the ab ove study to con c lud e : 1. We should work on developing our Historical Preservatio n Ord inance to cover propert ies like the Skerritt House. Historical designation is required for structura l improvement grants . 2. We should s imultaneous ly apply to the State to have the Skerntt Hou se added to the Co lorado State Register of Historic Propert ies . This process take s abou t 6 mon th s. Once we have completed all of the ab ove , we wou ld hen be eli gible to apply fo r a second CHF grant to cover general improvements to the site . It would require at least 25 % in matching fu nds on our part . The total estimated cost fo r this grant wo uld be in the ra ng e of S250 ,000-S300 .000 plu s landscapin g , and th is figure coin c ides with th e est imate previous ly given us by Jim Hartmann , Exec utive Director of De nver's Four Mile Hou se , based on his own years of experience working for CHS . Afte r touring th e property and see ing the layout of the house , Rob suggested th at even thoug h 50 -6 0% of these "acq uis itions & development" grants are awarde d fo r purposes of restorati on, we might be better off pursuing a cours e of rehab ili tat ion. Given the fact th at applicatio ns for th ese grants are only accepted twice a yea r, the earliest we could apply would be Ap ril, 2000 . In the meantime, the City needs to put together a plan for protecting the Skerritt property from furt her weather damage or poss ible vanda lism. Per your re quest , I, along with the ass istance of other City departments , shall prepare for City Council consideratio n, an initial grant request to the Colorado Historical Fund for funds to conduct an architectural eval uation/historic structure assessment of the Skerritt property . I expec t to have th is completed by August 15 . W it h that in mind, a poss ible timeline for completion of the entire project would look something li ke this : Augus t 15 , 1999 October, 1999 Septembe r. 1999 -February , 2000 October, 1999 -February , 2000 Submit Struc tural Assessment Grant Appl ication Award of Structura l Assessment Grant House Receives Historic Designation Structural Assessment of Property • . ' • I ' I • 0 . ]- • .. •• • ~- • • .. • •• • .. .. April, 2000 July, 2000 Submit Structural Improvement Grant Application Award of Structural Improvement Grant August -October, 2000 December, 2000 January· July, 2001 Develop Construction Plans for Structural Improvement Bidding for Project Work Project Construction Complete Rob mentioned that the CHF conducts periodic State Historical Fund Workshops to help explain and educate people undertaking similar projects as ours and suggested that the City consider sending several people (e .g. staff and Council representatives) to an upcoming session. A list of future workshop dates and locations is available on the CHF (website http://www.coloradohistory.org/shf). Before he left, Rob gave me a packet containing CHF grant program guidelines and application, a handout from the CHF explaining historic structure assessment terms and definitions, and a handout listing the Secretary of the Interior's Standards for the Treatment of Historic Properties . If interested, copies of these documents are available for your review. Please let me know if all of this meets with your approval. cc: Mike Flaherty, Assistant City Manager Jerrell Black, Parks & Recreation Director Dave Lee, Parks & Recreation Open Space Manager Ken Ross, Public Works Director Rick Kahm, Public Works Engineering Manager Ron Miller, Public Works Assistant Project Manager Dan Brotzman, City Attorney Frank Gryglewicz, Director of Financial Services Bob Simpson, Director of Neighborhood & Business Development Englewood City Council Englewood Library Board ' . , .. .,, . . '• ... ' I • 0 32 • • p ,/' . • ,. • - .. JUL-29-1999 THU 02 :47 PM CRL ASSOCIATES FAX NO. 3035925460 P. 10 /15 THE I NATIONAL COUNCIL TO PREVENT DELINDUENCY Vallfcs j R,·spom·i{,ility I Dirccti"n , I Mayor Thoma5 J. Bums J.100 S. Elati Englewood , CO 80110 Dear Mayor Bums: ;"-~ ~~ {' The Colorado Reta! Council has asked us to write 1D you to correct some misinfonnation, appann11y conveyed ID the Council regarding retail spray paint and maker lockup laws in Phoenix. AZ and Denver, CO . The NCPD Anti-Graffiti Project maintains a national registry of all-local sales and display restrictions 1D assist retailers in complying with !he law . We also co llect a ·,ariety of data to assess various anti-graffiti programs . During the July 19 public he.;ng on Counc :I Bill No . 24, statements were made to the effect U,at these laws were 'wcrkmg° to reduce graffiti . While we understand that such daims have been made . the facts do not appear to support them . As best we can discern , the situations are as follows : Denvr. The City alerted relallers ID the new law in late March and again . in late ~ril Inquiries as ID !he implementation date of the ordinance bring vary ing responses depending on whi<:h government office is asked . Prcbably the most valid comes from the President or the City Council , who has ind icated !his month . July , as the month m wh ich enforcement will begin . We do know that some s1Dres did not install locked cases until late June . Obviously , lh8fe could hjye been 110 yalid data linking lockup and changes in graffiti vandalism at the time such c!a11ns were made !o representa!i\195 of the City of Eng lewood . There was no lockup proq:am However , it is entirely possitle that Denver is seeing less evidence of vandalism . Last ye•. lhe CilY removed only 8 500 square feet of graffiti . This year, the Public Works budget includes abatiement fund ing for removal of 1,500.000 square feet of graffiti . At that level , 177 times the previous effort visible graffiti should decrease dramatically Phom: The City takes great pride in its comprehensive anti-graffiti program and some representatives have claimed a ·10 percent reduction in graffiti• from lockup . Sadly, there is no factual basis for that claim . Phoenix , ~ke many other major cities has actually experienced a growth in vandal activity ~Ol'ding to official government reports . Graffiti arrests for 1998/99 are up 21% over 1997198 and the number of juveniles involved in graffiti incidents is up 45%. PJ. this point. it is interesting to note that from 1995 to the present. 1he City has not ci!Bd a single retailer ror a display violation . PO BOX 16675 • ALEXt\Nlllt!,\, VA 21 30!-86"5 • TELErHONE 70,-751-'156~ • h\X 70 .\-71 t -.l .l07 • r. MAIi. KC:PDgrJi@.lernl, cnm . ' .. ) I . 0 - • • ·, . . .. • •• ... ... JUL-29-1999 TI!U 02:48 PM CRL ASSOCIATES FAX NO. 3035925460 P. 11/15 CaMs for seiviCe (citiZens reporting new graffiti sites) for 1he Int 10 months of the 1998199 fiscal ya numbered 11,258 c:on,,nd '> 10,665 tor 1he same period last year. Like Denver. Phoenix stil1ed initiating a massive aba1lment pro~am . In 1996. Phoric received 8,269 reports al new pliti sileS . It deaned up 14,337 . In 1997, the City received 14,035 repcll1s r:J new graffiti. It cleaned up 24,243. In olher wcm. for two ,en, tit C'sty wiped out virtually MrY new ,ag• and cleaned adcitional 16,000 older graffiti sites . Ally pe, capion of graffiti ·rac1uc11on· most likely SlemS from this massive abaiement effort. F a community quickly cleans al new ~ sile! and thousands of old ones, people see less Yaldali5m, even when 1he actual volume al crime is increasing . Documentation on any d the above can be faxed on request In dosing. I'd like to null that the retailer display reslriciions in Council BiU No. 24 as appn,ved on fim reading conform to the lntemalional Municipal Lawyers Association model ri-graffiti ordinance and are also compatible with the NCPD Responsible Retailing progran . Tha approach. setting a prudent lisplay standard with retailer options, has been taken by a runblr d cities owr the last several years. To dale, none have found it necessay le institule more reslric:tive regulallons . If ,ou have any questions or additional information requirements . please can Chrissy Estes at (303) 592.5450 or me at (703) 751 .9596 . RobertN . Hilts DireclDr. Anti-Graffiti Project .. . •' ', .. I . 0 • • • • - ... PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National :-light Out on August 3, 1999; and WHEREAS , the 16th Annual National Night Out provides an opportunity for the City of Englewood , Colorado to join forces with thousands of other communities across t he co untry in promoting cooperative police-community crime and drug preve ntion efforts: a nd WHEREAS, the residential and business communities play vital rol es in assisting the Englewood Safety Services Department in its joint crime and drug preve ntion effor ts by supporting National Night Out locally ; and WHEREAS. it is essential that all ci tizens of Englewood be awa r e of the imp ortance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area ; and WHEREAS, this crime prevention program is designed to heighten crime and drug prevention awareness. generate support for anti-crime progra m s, a nd to s trengthe n police- community relations; and WHEREAS, the police-community partnerships, neighborhoo d safety . awareness and cooperation are important themes of the "Give Neighborhood Crime a nd Drugs A Going Away Party" program ; NOW THEREFORE, I, Thomas Burns, Mayor of the City of Englewo od , Colorado, he r e by proclaim Tuesday, August 3, 1999 as : NATIONAL NIGHT OUT in the City of Englewood , Colorado and urge all Englewood citizens to s upport the "16th Annual :'llational Night Out" program by getting to know yo ur neighb or s a nd se nding a me ssage to criminals that the neighborhoods in the City of Englewood are org a nized a nd fighting back against crime. GIVEN under my hand and seal this 2nd day of August, 1999 . •, I • 0 • • _/ RESOLUTION NO~ SERIES OF 1999 ,-.~ ,• .. • -• .. • -' A RESOLUTION APPOINTING CHRISTOPHER RANSICK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , there is a vacancy in the Englewood Public Library Board: and WHEREAS, Christopher Ransick has applied to serve as a member of the Englewood Public Library Board; and WHEREAS , the Englewood City Council desires to appoint Christopher Ransick to the Englewood Public Library Board; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. Christopher Ransick is hereby appointed to the Englewood Public Library Board. Christopher Ransick·s term will be effective immediately and will expire Fe bruary I , 2002 . ADOPTED AND APPROVED this 2nd day of August, 1999 . Thomas J . Burns . Mayor ATTEST : Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Color ado , hereby certify the above is a true copy of Resolution No .~ Series of 1999 . Loucrishia A. Ellis ~ ,. ... ' . . .. 8 b 0 I • 0 - • •• -• • • - .. ' ' /Oh/ ORDINANCE NO . __ SERIES OF 1998 BY AUTHORITY CO l":\"CIL BILL NO . 24 12':TR ODl"CED BY COC~CIL :V!El\IBER BRADSHAW AN ORDINANCE AMENDING TITLE 7, CHA PTERS GE A.'m 6F AND TITLE 15 , OF THE ENGLEWOOD MUNICIPAL CO DE 1985 , BY REPEALl:-IG ANl) ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI :VUTERIALS AS WELL AS PARENTAL RESPONSIBILITY. WHEREAS , graffiti is a blight to properties ; a nd WHEREAS, graffiti can contain gang related term s: and WHEREAS . graffiti is not only inconvenient but also causes property damage to the citizens of Englewood : and WHEREAS, the Englewood Code Enforcement Advisory Co mmittee distinguishes items that may make marks on public property , s uch as , chalk or wax or other ite ms ; and WHEREAS , the Englewood Co de Enforcement Advisory Co mmittee has recommended and Council feels it is appropriate to address graffiti that damages property and doe s harm to the citizens of Englewood ; and WHEREAS , the Committee has recommended and Council feels that law enforcement efforts should be addressed toward issues that are more harmful and wishes to remove enforcement against items which are inconvenient but do not ca use property damage s uch as chalk or wax ; and WHEREAS, use of chalk and other similar items on public property is no longer a prohibited activity ; and WHEREAS , the Committee and Council wish to aid police officers in preve nting graffiti by addressing use and possession of specific graffiti materials ; and WHEREAS , it is found that most graffiti violations are committed by minors: and WHEREAS, possession would be prohibited when there is an "intent" of using the materials for the application of graffiti; and WHEREAS , parental permission, school projects, and other lawful endeavors will allow minors to have possession of graffiti materials; and WHEREAS, the Committee and Council note that theft of specific graffiti materials is harmful to not only the business owner where the theft occurred but also other businesses and homes where graffiti is applied ; and WHEREAS , for the protection of all the citizens of Englewood, including the business owners, sales of specific graffiti materials to minors will be prohibited; and -1- I • 0 • •• • • • -• .. tr,* ... ' . .. -./', . . • -.. WHEREAS , the Committee and Council recognize the current 24-hour re moval requirement from business and homeowners' property is onerous ; and WHEREAS, the Council and Committee wish to u se the current a batement process a nd syste m to enforce the removal of graffiti; and WHEREAS , the Code Enforcement Advisory Committee met with r eprese ntatives from the retail community and this Ordinance reflects those concerns : a nd WHEREAS , the proposed language is based upon representations from t he retail community that they will provide materials and education for retailers in the City of Englewood ; and WHEREAS , the Englewood Code Enforcement Advisory Committee a nd the Englewood City Council believe these amendments will aid in graffiti enforcement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 7, Chapter 6F , by the addition of a new Section 11 , of the Englewood Municipal Code 1985 , entitled "Graffiti Definitions." which s hall re a d as follows: 7-6F-11: GRAFFITI DEFINITIONS: FOR THE PURPOSES OF THIS TITLE , THE FOLLOWING WORDS SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: AEROSOL PAINT CONTAINER: BROAD-TIPPED MARKER : ETCHING EQUIPMENT: -2- ANY AEROSOL CONTAINER THAT IS ADAPTED OR MADE FOR THE PURPOSE OF APPL YING SPRAY PAINT OR OTHER SUBSTANCES CAPABLE OF DEFACING PROPERTY. ANY FELT TIP INDELIBLE MARKER OR SIMILAR IMPLEMENT WITH A FLAT OR ANGLED WRITING SURFACE THAT, AT ITS BROADEST WIDTH , IS GREATER THAN ONE- FOURTH (114TH) OF A.N INCH , CONTAINING INK OR OTHER PIGMENTED LIQUID THAT IS NOT WATER SOLUBLE . ANY TOOL, DEVICE , OR SUBSTANCE THAT CAN BE USED TO MAKE PERMANENT MARKS ON ANY NATURAL OR MAN-MADE SURFACE. • .. \ .. ' ~ • ' ' • I • 0 32X • •• ' .. ... GRAFFITI : PAINT STICK OR GRAFFITI STICK: PERSON: • " /' . • • -' ' THE DEFACI 1G OF P UBLIC OR PRIVATE PROPERTY BY :\<IEAi"\/S OF INSCRIPTION. WORD , OR FIGuRE. DONE BY PAINTING . DRAWING . WRITING , ETCHING. OR CARVING WITH PAINT, SPRAY PAINT, INK KNIFE . ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHOUT WRITTEN PERMISSION OF THE OWNER/PROPERTY OWN'ER. ANY DEVI CE CON TAINING . .\ SOLID FOR~1 OF PAINT, EPO'.\'Y OR OTHER SI:'vfILAR SUBSTANCE CAPABLE OF BEING APPLIED TO A SURF ACE BY PRESSURE AND LEA\llNG AN INDELIBLE MARK OF AT LEAST ONE-EIGHT (118TH) OF AN !:,/CH IN WIDTH . ANY INDIVID UAL , PARTNERSHIP. COOPERATIVE ASSOCIATION , PRIVATE CORPORATION, PERSONAL REPRESENTATIVE . RECEIVER, TRUSTEE. ASSIGNEE , OR ANY OTHER LEGAL ENTITY . Sectjon 2. The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 7. Chapter 6F. by amending and renumbering Section 11. of the Englewood Municipal Code 1985, entitled "Graffiti Prohibited," which s hall read as follows : 7 &F 11. GRAFFITI PR9HIBITE9 . It shaH he 1ttilanf1tl fer an, persen te paint, spra, paint, tiP8n , nnt:e , et.eh , eaP\e er h, an, similar methea nhatsee,er aefaee 11n, p1thlie er pn. at:e prepert,, , el!eept .. ith .. riuen permiesien ehhe e .. ner ef pri. ate prepe"', the Cit, Manager, in the ease ef Cit, preper~, er the s1tpel'Ytser, efiteer ef an, ether p1thlie preper~. 7-6F-12: GRAFFITI PROHIBITED: IT SHALL BE UNLAWFUL TO DEFACE PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION, WORD , OR FIGURE, DONE BY PAINTING, DRAWING, WRITING, ETCHING, OR CARVING WITH PAINT, SPRAY PAINT, INK, KNIFE , ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHOUT THE PERMISSION OF THE PROPERTY OWNER . Sectjon 3. The City Council of the City of Englewood, Colorado hereby authorizes the amendment of Title 7, Chapter GE , by the addition of a new Section 9 , of the Englewood Municipal Code 1985, entitled "Possession of Graffiti Materials by Minors Prohibited," which shall read as follows : -3- 4 • r I • 0 . ]- • •• .. ~ .---. • , .. .. , ; '# •. • -' ... 7-6E-9: POSSESSION OF GRAFFITI :\L\TERULS BY MINORS PROHIBITED: IT SHALL BE UNLAWFUL FOR A PERSON u:-.IDER EIGHTEEN (18 ) YEARS OF AGE TO POSSESS AN AEROSOL P . .\1:-.IT CONTAINER. BROAD TIPPED MARKER , PAINT STICK OR GRAFFITI STICK WITH THE INTENT TO USE THE IMPLEMENT OR MATERIAL TO APPLY GRAFFITI. Section 4. The City Council of the City of Englewood. Colorado hereby authorizes the amendment of Title i , Chapter 6E , by the addition of a new Section 10 , of the Englewood Municipal Code 1985 . entitled "Prohibited Sale of Graffiti Materials To Minors," which shall read as follows : 7-6E-10: PROHIBITED SALE OF GRAFFITI MATERIALS TO MINORS : A. SALE . IT SHALL BE UNLAWFUL TO SELL ANY AEROSOL PA.I NT CONTAINER, BROAD-TIPPED ~L.\RKER, PAINT STICK OR GRAFFITI STICK TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) YEARS . 8 . SIGNS REQUIRED . IT IS UNLAWFUL FOR ANY PERSO N WHO SELLS OR OFFERS TO SELL ANY AEROSOL P . .\INT CONTAit-,ER , BROAD- TIPPED MARKER, PAINT STICK OR GRAFFITI STICK TO FAIL TO DISPLAY A WARNING SIGN IN A PROMINENT PLACE IN THE BUILDING AT ALL TIMES . C. DISPLAY AND STORAGE : 1. EVERY PERSON WHO OW:-.iS , CONDUCTS , OPERATES , OR MANAGES A RETAIL CO'.\IMERCIAL ESTABLISHME:-.IT SELLING AEROSOL PAINT CONTAI::S.TERS , PAINT STICKS , OR BROAD- TIPPED MARKERS SHALL STORE THE CONTAINERS, STICKS OR MARKERS IN AN AREA CONTINUOUSLY OBSERVABLE , THROUGH DIRECT VISUAL OBSERVATION OR S URVEILLANC E EQUIPMENT, BY EMPLOYEES OF THE RETAIL ESTABLISHMENT DURING THE REGULAR COURSE OF BUSINESS. 2. IN THE EVENT THAT A COMMERCIAL RETAIL ESTABLISHMENT IS UNABLE TO STORE THE AEROSOL PAINT CONTAINERS , PAINT STICKS , OR BROAD-TIPPED MARKERS IN AN AREA AS PROVIDED ABOVE , THE ESTABLISHMENT SHALL STORE THE CONTAINERS . STICKS, AND MARKERS IN AN AREA NOT ACCESSIBLE TO THE P U BLIC IN THE REGULAR COURSE OF BUSINESS WITHOUT EMPLOYEE ASSISTANCE . Sectjon 5. The City Council of the City of Englewood, Colorado hereby authorizes the amendment of Title 7, Chapter 6F, by the addition of a new Section 13, of the Englewood Municipal Code 1985, entitled "Parental Responsibility For Graffiti Offenses," which shall read as follows : -4- , . • f I· 0 ' • •• • ·• ~ _,,-. • )• ., ·~ • -.. 7-6F-13: PARENTAL RESPONSIBILITY FOR GRAFFITI OFFENSES: A PARENT OR G ARDIAN OF A :\11:,.JOR COM:\IITS AN OFFENSE IF HE OR S HE KNOWINGLY PER:\IITS THE :\11:,.JOR TO APPLY GRAFFITI. Sectjon 6 The Cit y Council of the City of Englewood hereby r e peals Titl e i , Chapter 6F, Section 12 . The City wishes to abate graffiti under the st a nd a rd abatement procedure of Title 15 and therefore authorizes the addition of a new Section 15, DEFACED PROPERTY . to Title 15 of the Englewoo d :Vlunic1pal Code which s hall read as follows: 7 SF 12 : DEF.I.CED PROPERTY : A. Deelaratien ef Pttelte ~/ttisanee .. \ii prepert; 11etaeeti e) graffiu er gang graffiti that is ,isiele te Jl'llette .'1en is heree) tieelareti te ee 8 pt1elte n111sanee snti 1n the interest sf ptthlte health , saf'et). merals anti general .. eit!lre . shall ee aeate11 as set !'erth in this Seetien. B . Aeatement efGraffiti er Gang Graffiti. Whe ne ,er an: 1!"'8ffit1 er gang grttffiu shaH ee fettna , the Git) Manager er his ties1gnee s hall erti e r the Bee ttpant er e .. ner ef the prepert~ ttpen .. hieh the g,"affih er gang graffiti s n11ll e.u st , !It hi s 6, n e.1p eRae . te reme, e er eerreet the same "itittft t .. efttJ fettr (2 I) ne111 , e r s tteh per1eti 1n e.1ees s ef t .. eR~ fe'IIP (2 t) ne'IIPs as El.esignatea in , riting e . tne C it) H11nag er er nis tie s igRe e. tne Ci~ Manager er his El.esignee ma) eatt@e tne graffiti er gang garaf6t1 te ee r eme, ea er eel'l'eete11 anti all e.1peR@es ine'ltPreti snaH ee a@@e@@eti ttpen stteh 8 let er premises eft .. hien tne garailtti er gang garaffiti eitisteti. 15-15-1: DEFACED PROPERTY; ALL PROPERTY DEFACED BY GRAFFITI WHICH IS VISIBLE TO P U BLIC vlEW JS HEREBY DECLARED TO BE A P UBLIC NUISANCE AND SHALL BE DEEMED UNLAWFUL. Section 7 . Penalty Proyjsion . The P enalty Provisio ns of E.M .C . Section 1-4-1 s h a ll apply t o each a nd every violation of tlus Ordinance . Section 8. Restitution : Mandatory restitution s ha ll be require d unde r Section 1-4-7 of the Englewood Municipal Code . Section 9. 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 . Sectjon 10 . Seyerabjlity If any clause, sentence, paragraph, or p art of this Ordinance or the application thereof to any person or circumstances s hall 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 its application to -5- • .. ) I • 0 --------~---~-------------- • • • / .. .. • - other persons or circumstances. Sectjon J J lnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion h ereof a r e hereby repealed to the extent of such inconsistency or conflict. Section 12 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall 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, proceedings. or prosec utions. Introduced, removed from the table , discussed, rea d in full. and passed on first reading on the 7th day of June , 1999. Published as a Bill for an Ordinance on the 11th day of June , 1999. A Public Hearing was held July 19 , 1999 . Read by title and passed on final reading on the 2•d day of August, 1999. Published by title as Ordinance No .~ Series of 1999, on the 61b day of August, 1999. 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 1999. Loucrishia A. Ellis -6- ' . ,. . ., 0 " I • 0 2 . ] • • OBDINANCE NO._ SERIES OF 1999 ,. . .. BY AUTHORITY .. • • • -' COUNCIL BILL NO . ,13 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 11 , CHAPTERS 1, SECTION 18, OF THE 1985 ENGLEWOOD MU NICIPAL CODE PERTAINING TO HOV LANE VIOLATIONS . WHEREAS . the current Section 1012. in the Model Traffic Code does not have a section which prohibits violating the High Occupancy Vehicle Lane designation ; and WHEREAS , in the past the City has cited violators for failure to obey an official traffic control device with a four (4) point violations ; and WHEREAS, the State of Colorado has amended High Occupancy Vehicle Lane Violations to be a zero (0) point offense for purposes of the Department of :Vl otor Vehicles ; and WHEREAS, it is necessary to amend Section 1012 of the Model Traffic Code to provide a more specific High Occupancy Vehicle charge ; . . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon l. The City Council of the City of Englewood, Colorado hereby amends Title 11 , Chapter l , Section 1, Paragraph B, of the Englewood Municipal Code 1985 by the addition of a new Subsection 12 , and renumbering the remaining Subsections accordingly, to read as follows: 11-1-1-B . The 1995 Edition of the Model Traffic Code is adopted as if set out at length, except for the following parts and sections of article I which are declared to be inapplicable to this Municipality and are therefore expressly deleted or amended: l. Penalty Assessments-The City does not use penalty assessments for traffic violations and therefore all references to penalty assessments and procedures dealing with penalty assessments in any article or section are expressly deleted. 2 . Part 1, section 106 is amended to read as follows: Restricted Use Of Streets (1) The use of certain streets and roadways by motor-driven cycles , trucks or other commercial vehicles, bicycles, motorized bicycles and horse-drawn vehicles or other nonmotorized traffic shall be restricted or prohibited when authorized by the Traffic Engineer and when official signs giving notice thereof are erected. -1- · . • I /{)b/,' I • 0 - • • 3 . 4. 5. 6 . 7 . 8 . 9 . .. • /' . • I• ,•' .. • -" (2) For the purpose of road construction and m a intenance any s treet or portion thereof may. by action of this :'.\1unicipality or by agreeme n t with other concerned ro a d a gen cies. be temporarily closed to through traffic or to a ll vehicular traffic during the work project. a nd the traffic affected shall be guided along a ppropriate detours or alternative routes by official traffic control devices . (3) When sign s are so erect ed givmg noti ce of restrictions or prohibitions upon the use of streets , no perso n hall di so bey the directions or instructions stated on such s igns . (4) The provisions of subsection (I ) h all n ot be construed to prohibit the drivers of any e xcluded velucle from traveling over such restricted or prohibited streets. othe r than co ntroll e d -access roadways, for the purpose of delivering or p1ckmg up m aterial or merchandise or reaching their destmations wluch occ ur on these particular s treets. provided such excluded vehicles e nter such s treets a t the intersection nearest the destination of the velucle a nd proceed the r eo n no farther than the nearest intersection the r eafter. Part 2 , section 203 Unsa fe Velucles · Spot Ins pections is deleted . Part 2, section 227 (3)(b ) Tinted Windows is deleted . Part 2, section 236(8) Child Re s traint Systems (regarding fine ) is deleted . Part 5, section 510(l)(b) Permits for Exces s Size and Weight and for Manufactured Homes is amended to read a s follows : (l}(b) The application for any permit shall specifically describe the vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested , and whether such permit is for a single trip . a special. or an annual operation, and the time of such movement. All local permits shall be issued at the discretion of the local authority through its Traffic Engineer or designee . Part 5, section 510(9}(b) Permits for Excess Size and Weight and for Manufactured Homes is amended to read as follows: (9)(b) This Municipality with regard to a local permit may, through its Traffic Engineer or designee . revoke, suspend, refuse to renew , or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of this Municipality, or any standards or rules or regulation promulgated pursuant to this section. Part 5, section 511 Permit Standards is deleted . Part A, section 604(1)(c)(I) Steady Red Indication is amended to read as follows : -2- " \ ~ .. I • 0 - • • .. • / ,. •. ,!: .. • - .. BY AUTHORITY 0BJ)INANCE NO._ SERIES OF 1999 COUNCIL BILL NO . 43 INTROD UCED BY CO NCIL !\fEMBER WAGGONER AN ORDINANCE AMENDING TITLE 11 , CHAPTERS 1, SECTION 18, OF THE 1985 ENGLEWOOD MUNICIPAL CODE PERTAINING TO HOV LA}JE VIOLATIONS. WHEREAS, the current Section 1012. in the Model Traffi c Cod e does not have a section which prohibits violating the High Occup a ncy Velucle Lane des1gn a t1 on : a nd WHEREAS, in the past the City has cited violators for failure to obey an official traffic control device with a four (4) point violation s; and WHEREAS, the State of Colorado has amended High Occ upancy \"e hi cle Lane Violations to be a zero (0) point offense for purposes of the Dep artme nt of :M ot or Vehicles; and WHEREAS. it is necessary to amend Section 1012 of the Mode l Traffic Co de to provide a more specific High Occupancy Vehicle charge; NOW . THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS: Sectjon l. The City Council of the City of Englewood , Colorado hereby amends Title 11 , Chapter 1, Section 1, Paragraph B, of the Englewood Municipal Code 1985 by the addition of a new Subsection 12, and renumbering the remaining Subsections accordingly , to read as follows : 11-1-1-B . The 1995 Edition of the Model Traffic Code is adopted as if set out at length, except for the following parts and sections of article I which are declared to be inapplicable to this Municipality and are therefore express ly deleted or amended : 1. Penalty Asse ssments-The City does not use penalty assessments for traffic violations and therefore all references to penalty assessments and procedures dealing with penalty assessments in any article or section are expressly deleted . 2. Part 1, section 106 is amended to read as follows : Restricted Use Of Streets {l) The use of certain streets and roadways by motor-driven cycles , trucks or other commercial vehicles , bicycles, motorized bicycles and horse-drawn vehicles or other nonmotorized traffic shall be restricted or prohibited when authorized by the Traffic Engineer and when official signs giving notice thereof are erected. -l - ' '• !Ob,',' ) I • o l .J- • •• ..- .. ~ ,.,~ • 1 1 ~: ~ . ,. . ... , I • -~ .. ~ (I) Vehicular traffic facing a s teady circular red signal alone s h all stop at a clearly marked stop line but, if none , before e ntering the crosswalk on the near side of the intersection or, if none. then before entering the intersection and s hall remain standing until an indication to proceed is shown; except that: (A) Such vehicular traffic, after coming to a stop and yielding t h e right-of-way to pedestrians lawfully within an adjacent cr osswalk and to other traffic lawfully using the intersection, may m ake a right turn, unless state or local road authorities within their r es pective jurisdictions have prohibited any such right turn a nd h ave e r ected a n official sign at each intersection where such right turn is prohibite d : (B) Such vehicular traffic, when proceeding on a one-way s treet a n d after coming to a stop , may make a left turn onto a one,way str eet upon which traffic is moving to the left of the driver. Such turn s h a ll be made only after yielding the right-of-way to pedestrians a nd other traffic proceeding as directed. No turn shall be made purs u a nt to th.i s s ub-s ubparagraph (B) if local authorities have prohibited a n y s uch left turn and erected a sign giving notice of any s uch prohibition at each intersection where such left turn is prohibited. 10 . Part 8 section 805(5) Pedestrians Walking or Traveling in a Wheelchair on Highways is amended to read as follows : (5) This Municipality may regulate the u se by pedes tria n s of streets and highways under its jurisdiction to the extent authorized under subsection (6) of this section and sections 42-4-110 and 42-4-111 , C .R.S ., but no regulation regarding such streets and highways in a manner differing from this section shall be effective until official s igns or devices giving notice thereof have been placed as required by section 42-4-111(2), C.R.S. 11. Part 10, section 1010(3) Driving on Divided or Controlled Access Highways (regarding limiting use) is amended by deleting the phrase "by ordinance consistent with the provisions of s ection 43-2-135(l )(g), C .R.S . ... ", in the first sentence. 12 . SECTION 1012 . HIGH OCCUPANCY VEHICLE LANES IS AMENDED ·HUS . l-3.14 . BY THE ADDITION OF A NEW SUBSECTION (3): (3) NO PERSON SHALL DRIVE IN A DESIGNATED HIGH OCCUPANCY VEHICLE (HOV) LANE IN VIOLATION OF THE OCCUPANCY OR TIME RESTRICTIONS POSTED ON THE OFFICIAL TRAFFIC CONTROL DEVICE, DESIGNATING SUCH HOV LANES TRAFFIC CONTROL DEVICE . Part 11, section 1101(2) Speed Limits is amended to add a new subsection: (i) Fifteen miles per hour in any alley. Part 11, section 1102(5) Altering Speed Limits is amended to read: -3- • ., { ' .. ' . I • 0 32 H.15. -Ht.16. ~.17. •• H .18. • -l-8.19 . • .. • ... • - .. (5) In its dis cretion. this Municipality may impose and enfo r ce s t op sign regulations and s peed limits. not inconsistent with the provis ions of sections 1101 to 1104 , upon any way which is op e n to travel by motor vehicles and which 1s privately maintained m rn o btl e home parks. when appropriate signs giving notice of s u ch enforcement are erected at the entrances to s uch ways. Section 1202 Parking or Abandonment of Vehicles the phrase "o uts ide of a business or residential district ... " is deleted . Part 12 , sections 1205(2) and (3) Parking at Curb or Edge of Roa dway are amended to read: (2) Except as authorized by the Traffic Enginee r or his/her designee. every vehicle stopped or parked upon a one-way r oadw ay s h a ll be so stopped or parked parallel to the curb or edge of the roadway m the direction of authorized traffic movement. with its right-ha nd wheels within twelve inches of the right-hand shoulder or with its le ft-hand wheels within twelve inches of the left-hand s houlder or with its le ft- hand wheels within twelve inches of the left-hand c urb or as close as practicable to the left edge of the left-hand s houlde r . (3) The local authority may, through its Traffic Engineer or de si gnee , permit angle parking on any roadway ; except that angle parking shall not be permitted on any State highway unless the Department of Transportation has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic . Part 12, section 1208(3)(b) and (c) Parking Privileges for Persons with Disabilities are amended to read: (b) The owner of private property available for public use may request the criteria and format information for official handicappe d parking signs from the City Traffic Engineer concerning the installation of official signs identifying parking spaces reserved for use by persons with disabilities. Such a request shall be a waiver of any objection the owner may assert concerning enforcement of this section by peace officers of any political subdivision of this State , and such officers are hereby authorized and empowered to s o enforce thi s section, provis ions of law to the contrary notwithstanding . (c) Each parking space reserved for use by persons with disabilities whether on public property or private property shall be marked with an official upright sign, which sign shall be stationary, identifying such parking space as reserved for use by persons with disabilities. Part 14, section 1401(1) Reckless Driving-The last sentence, "A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127, C .R.S ." is deleted . Part 14, section 1401(2) Reckless Driving-Penalty is deleted . -4- --~----~---------------------~ . ' I • 0 / H .20. !W.21. lH-.22 . H .23. H.24. • lM-.25. ff.26 . !!G.27. •• • ,, --. • .. .. • •• .. ... Part 14 . section 1402(1 ) Careless Driving-The last sentence. ''A pe r son convicted of careless driving of a bicycle or motorized bicycle s hall not be subJect to the provisions of section 42-2-127, C.R.S ." is delete d . Part 14 . section 1402(2) Careless Driving-Penalty is deleted . Part 14 , sect10 n 1409 Compulsory Insurance is amended to add the following subsections: (7) Upon conviction thereof, the defendant shall be punished by a fine of n ot less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and, in addition, the court may impose imprisonment for not more than one hundred eighty (180) days . The fine imposed by this section shall be mandatory, and the court s hall not suspend said fine . in whole or in part, unless it i establi hed that appropriate insurance as required under sections 10-4-705 and 10-4-716, C.R.S. has been obtained. (8) U pon a second or subsequent com;ction under this section within a period of two (2) years following a prior conviction under thi s section, the defendant shall be punished by a fine of not le ss than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), and, in addition, the court may impose imprisonment in the county jail for not less than ten (10) days nor more than one hundred eighty (180) days. The fine imposed by this section s hall be mandatory, and the court shall not suspend said fine , in whole or in part, unless it is established that appropriat.! insurance as required under sections 10-4-705 and 10-4-716, C.R.S . has been obtained. Part 14. section 1412 Operation of Bicycles and Other Human-Powered Vehicles is amended to add the following subsections: (12) The parent of any child or guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this section . (13) It is unlawful for any person to do any act forbidden or fail to perform any act required in this article . Part 17, section 1701(3) Traffic Offenses Classified-Schedule of Fines (regarding fine schedules) is deleted . Part 17. section 1709 Penalty Assessments is deleted . Part 17, section 1710 Failure to Pay Penalty is deleted . Part 17, section 1716(1) Notice to Appear or Pay Fine-Failure to Appear- Penalty is amended to read as follows : (1) For the purposes of this code, tender by an arresting officer of the summons shall constitute notice to the violator to appear in court or at the Violations Bureau within the times and dates specified on such summons. -5- ., •, . ' I • 0 32 - • • ./ J!.!it.28. .. ~ ---• . ?· ;._ft: .. .. '',t • -... ... ~ Part 17, section 1717 Conviction-Attendance at Driver Improvement School-The phrase "located and operating in the county of the defendant's residence and ... " is deleted. Sectjon 2. 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 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. Seyerabj)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 its 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 modjfication 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, proceedings, or prosecutions. Section 6. Penalty Proyision. The Penalty Provisions 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 19th day of July, 1999. Published as a Bill for an Ordinance on the 23rd day of July, 1999. Read by title and passed on final reading on the 2•d day of August, 1999 . Published by title as Ordinance No. _, Series of 1999, on the 6th day of August, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellia, City Clerk -6- .., ' .. .. ) I • 0 - • •• • ,. .. • •• .. .... I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1999. Loucris hia A. Ellis -7- , .. .. . .. .. ... .. f . ' . 0 I • 0 32X - ., J -. • ,,,--. • .. • • COUNCIL COMMUNICATION Date Agenda Item Subject Award of Contract for Professional Services for OEC Grant: Inter-Modal Planning for August 2, 1999 10ci Urban Centers Initiated By Staff Source Neighborhood and Business Development Lauri Dannemiller, Planning Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community/ Economic Development: Support CityCenter Englewood and Downtown Englewood through development of multi-modal transportation plan. Residential Issues: Analyze and establish connections from residential areas to Englewood's commercial centers . Previous Council Action: There has been no previous Council action on this matter. RECOMMENDED ACTION Staff recommends that City Council award, by motion, a contract for professional services to Kimley- Horn and Aaeoc:iates, Inc., to assist in preparing a plan to Identify and analyze the inter-modal connections needed to mitigate transportation impacts associated with the development of CityCenter ~- BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has been awarded funds from the Governor's Office of Energy Conservation to develop a transportation study to : • Identify inter-modal connections to mitigate regional arterial traffic created by re-development of CityCenter Englewood and related properties; • Prepare for the expected traffic volumes so local traffic is not negatively impacted from regional traffic ; • Provide a vision of future transportation alternatives ; • Increase light rail system ridership ; • Develop strategies to reduce current and forecasted traffic volumes ; and • Conserve energy and reduce air pollution. The Office of Neighborhood and Business Development distributed a RFP to transportation planning consultants and received responses from three firms . Selection criteria includes qualifications of technical staff, experience on similar projects, knowledge of urban transportation systems and comprehension of the CityCenter Englewood project. Based on these criteria, staff chooses to recommend Kimley-Horn and Associates Inc. to complete the planning process. Kimley-Hom is a top-ranked transportation and planning firm currently working on the Central Denver Transportation Study and the South Broadway Urban Design and Transportation Study. They are particularly proficient in dealing with the delicate balance between technical expertise and consensus building. r .I .. . I ., .., • 0 - • • ./ .. • -.. •' •• .. .. .. FINANCIAL IMPACT Kimley-Hom will complete the scope of services for $40,000. The amount granted from the Office of Energy Conseivation is $35,000, with NBD providing the additional $5,000. UST OF ATTACHMENTS Agreement for Professional Services ' . " ,• ..: .. ' ., .. .. I . 0 32X • •• .. ,,,-·· • / }• ~ .. r .. . • •• Kimley-Horn and Associates , Inc . July 20, 1999 Ms. Lauri Dannemiller, Planning Analyst Office of Neighborhood and Business Development City of Englewood 3400 S. Elati. Room 200 Englewood , CO 80110 Dear Lauri : .. Kimley-Horn :ind Ass oc iates , Inc. ("KHA'" or "Consultant"") is pleased to submit this letter agreement (the "Agreement'") to the City o f Englewood ("Client'") fo r provid ing serv ices related to the project t it led "Inter-Moda l Planning for Urban Centers". ou·r scope of services (which is a detailed scope we developed in response to the sco pe contained in your RFP), schedule , and fee are below. SCOPE OF SERVICES Task 1 Transportation Snapshot: 1Wo,·in;: T1irou,:h Englewood .Vow and in the Future • Tower 1, Suite 500 515 ~raoahoe S1reet Oenve t. Colorado 80202 K imley-Hom will survey a variety of data sources :md reports as listed on Pa ge 3 of you r RFP , in addition to other documents as needed. to he lp est:ibli sh a comprehensive in vent ory of transportation conditions in the C ity . both ex isting and fu rure. We will review and summarize those as well as others to develop a "snapshot " that will help us determine where people are going now and where they will be going in the years ahead . We will look qualit:itively at three general types of trave l and the implications on the City: • Through or regional tr:ivel w ith no start or end in the srudy area; • Travel that has one trip end in t he srudy area: and • Travel that is local to the srudy area (trips that both begin and end in the area). • TEL 303 '46 8552 FAX Jro «S 8678 m, ~.'?8 NEIGHBORHOOD ANO BUSINESS DEVELOPMENT B ENGLEWOOD. COLORADO .. I • 0 3 • •• • .. .. ,..-- • ''• ·• .. ·~ • -' ... Kimley-Ho rn and Assoc iates , Inc , We will co m?i!e this dat.~ in a detailed format that will summa:ize the City's : -land use and demographics (zoning; employment, with a special emphasis on the major indu str ia l corridor along Santa Fe ; residential trends ; retail trends; major activity centers ; and other land use issues); -parking (space inventory and utilization , focusing on the CityCenter Englewood but also examining other park :ng sheds that could be used in an inter-modal framework ); -traffic (incl uding street characteristics. traffic volumes , turning movements, and congest icn hot spots , along with the impact on Englewood of the planned improvements to the 1-2 5 corridor to the east); and -tran si t (i:icluding existing and planned bus routes , the impact of the Southwe st Corri dor light rail line , and the future impact of the light rail pla nned fo r the 1-25 corridc~)- Th is vis ual re ;,re sentation of transportation issues will help the proj ect team determine the loca tio n and ma gn itude of existing and future transportat ion problems, De livera' le: Camera-ready draft and final technical rep orts summarizing data collection and ana lysis: C ity will be responsible for reproducing and distributing copies for review as neede d, Schedu le : Dra ft due approximate ly one month after , otice to Proceed (NTP); one review cycle by reviewers includ ing Ci ty staff and Steering Committee ; final due approxim at el y two months after NTP , Task 2 ConsensuJ B11i/ding: Building a Framnt1orkfor a Transporta:ion Vision Pub li c Comm unica tio ns : K imley-Hom will work wi th City staff to develop a framework for publi c communications about the study and its products and recommendat io ns, Media that can be used to disseminate information may include ne ighbo rh ood and commun ity forums , public access TV , community newsletters , and others . Kimley-Hom will develop master copies of communications materials ; the City will be respon s ible for Steering Committee : Kim fe y-Hom will assist the City in the development of a project Steering Committee compris ed of representatives of groups and organizations as listed on page 3 o f your RFP in addition to others as agreed upon . The City will be re sponsible fo r maintaining the master Steering Committee list and for all mailing, rev 7/9~ ' • ) I • 0 .]- • •• .. -_,. .. • . , ". .. ., • -.. ... Kimley-Ho rn and Associates . Inc . reproduction , and logistical costs associated with Steering Committee meetings. A minimum of five Steering Committee meetings will be held . Goals and Objectives: Kimley-Horn will work with the City st:1ff and the Steering Committee at its first meeting to establish a clear set of goals and o bjectives fo r the project. Th is very important step will ensure that the concerns of th e co mmittee --and the interests they represent --are appropriately incorporated into the pr oj ect. These goals and objectives also will be used later in the project to develop the perfom1ance crit eria for eva luation of options. K imley-Horn will use the goals li sted on page 2 of the RfP as a starting point and refine and expand upon those as agreed upon. Identificatio n of Is sues: K im ley -Horn will work with the City staff and Steering Co mmittee to iden t ify the major tran sportation opportunitie s and d1alle ng es based o n the "snapshot" dev eloped in Task 1. Is sues to be explored in cl ude traffic impacts of the RTD station. transportation impac ts o f the CityCenter En glewood development. intermoda l con nec tio ns . connectivity to other major reg io na l rr.1vel corr idors, ident ificat ion o f activity centers, an d o th ers as agreed up o n. Alternative De velopment : After agreement on key issues and o ppo rtunities. Kimley- hom will work wi th the City staff and the Steering Co mm ittee to devel o p bro ad transportation plan alternatives. Th is w ill invo lve a two-step process. TI1c first step is a "brainstorming" exerc ise in which a ll reasonable a lternati ves are considered and analyzed fo r fatal flaw analysi s (su ch as not meetin g overall proj e ct go a ls. being too expensive. having too man y environmental drawbacks. or others). As part of this process, Kimley-Hom will s ugge st a "tool box" of m obility enh ancement s that can be applied to the observed transportatio n problems, including but not limited to : -Tra ffic cal m ing measures; -"Smart" street concepts; -Transit advantage tec hniq ues ; -Demand management programs; and -Alternative mode oppo rtunit ies . The objective of the screening process will be to eliminate th ose alternatives or concepts that have no reasonable chance of implementation. During the second step. Kimley-Horn will work with the Ci ty staff and the Steering Committee to refine the remaining options in a more detailed manner, including definition on operational and ph ys ical characteristics and conceptual costs. ' ' ' I • 0 • •• • • ,,-·· • , .. .. .. • -.. ... Kimley-Horn and Associates , In c. Deliverable : Camera-re:idy draft and final technical reports summarizing goals and objectives, issues identification, and alternatives development, including initial screening and definition : City will be responsible for reproducing and distributing copies for review as needed. Schedule: Draft due .:!ppro ximately two months after :'llotice to Proc eed (NTP); one review cycle by reviewers including City staff and Steering Committee ; final due approximately three months after NTP. Task3 Creating the Vision Kimle y-H om w:11 conduct a co mprehen siv e pro-and-con anal~s is o f th e refin ed oplions developed in Task 2. Kimley-Horn will work with the City staff and the Steering Comm ittee to examine a ll sides of all opt io ns and present them in a log ical , well- thought -out approach t hm ut ili zes extensive graphic s and visual pres entat io n materials . This evaluat io n pre cess may include a "dot exercise ," where participants are asked to rate alternatives on a sliding scale to find those that are acceptable and th ose that are not . We will also use a series of evaluation criteria based on the goals and objectives established earlier to help us apply a logical method for judging the merits of each alternative. After completi ng t he evaluation process. we will work with the staff and committee to deve lo p a preferred option --the overall transportation vision for the City. This may consist of the best mix-and-match components of the options we evaluated . Our aim w ill be to assemble a package of improvements that meet as many of the goals and objectives as possi ble. After agree ing o n the basic components of the preferred option, Kimley-Hom will refine the recommended plan , including as much detail we can assemble on costs (both capital and operating). trn:fi c impacts , phas ing and staging, and other factors . We will assemble the plan's major components into a user-friendly graphical presentation for review by the steer:ng comm ittee and other dec ision-makers in the City. Deliverable: Camera-ready draft and final technical reports summarizing plan analysis and recommendat ions; City will be responsible for reproducing and distributing copies for review as needed. • • • I ·I • 0 - • •• • • .. • - ... Kirn ley-Hor and Associ ates . In c. Schedule : Draft due approximately four months after Notice to Proceed (NTP); one review cycle by reviewers including City staff and Steering Committee; final due approximately five months afterNTP. Ttak' Putting th~ V-uion in Motion Kimley-Hom·s last task will be to work with the City's decision-making structure to implement the recommendat io ns . We will work with City staff to coordinate presenutions and approval processes with the Planning and Zoning Commission and the C ity Counc il; members of the Steering Committee may be asked to participate as well. Prese nution materials may also be used as public informational material s, inc ludin g displays and publ ic access TV information. · Deliverable : Camera-ready draft and final reports incorporating summary materials on recommendations; City will be responsible for reproducing and distributing copies for review as needed. Schedule : Draft due approximately five months after Notice to Proceed (NTP); one review cycle by reviewers including City staff and Steering Committee; final due approximately six months after NTP. ADDITIONAL SERVICES Additional services beyond this scope of services can be prov ided if you authorize such services in writing. Compensation for additional services will be agreed to prior to their performance. SCHEDULE We will provide our services as expeditiously as practicable to meet the mutually agreed upon schedule as attached. FEE AND BILLING KHA will perform the services described In the Scope of Services for a lump sum fee of $40,000. The lump sum fee includes labor costs and direct expenses . All permitting, application, and similar project fees (if applicable) will be paid directly by the Client. ., I • 0 32X .J • -• . ~~', ··1 .. • .. -.. .... Kiml ey-Ho rn and Assoc iates , In c. Fees will be invoiced based upon the percentage of services completed as of the invoice date . Payment will be due within 25 days of the date of the invoice. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to , the terms and conditions in the attached SUndard Prov isions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Hom and Associates, Inc., and the term "the Client" shall refer to the City of Englewood . If you concur in all the foregoing and wish to direct us to proceed with the services. please have authorized persons execute both copies of this Agreement in the spaces· provided below and return them to us (you will be sent a final executed original ). Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you . Please contact me if you have any questions . Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. ~~~ Tim Baldwin, AICP Associate Attachments: Schedule; SUndard Provisions n:v 7t<>~ 6 ' . •, .. 0 I • 0 32 I .. --• -.. • •• .. Kimley-Horn and Assoc iates , Inc . Agreed to this __ day of _____ , 19 _. For the City of Englewood: For Kimley-Hom Signature Titie · · Title Attest Attest IDucrishia A. Ellis, City Clerk =719! • ... ' .. ' ·• '• . ' •, . ' . I • 0 32X - • • • • ./ • •• ----'=-------'~~-- Project Schedule : Englewood -Mod I Inter a Planning Task 1: Snapshot Task 2: Consensus BuDding I Task 3: Creating the Vision Task 4: I Implementation Months after Notice to Proceed 1 0 • I 2 3 I l r I I I I I I I I i I 0111ft Tech Report Final Tech Report 4 I I .. .., .. .. 5 6 I l i I I l I V ' I I j I I ' I . 0 32 • • .. • -· • , .. .. . ; ... ., • . ' -... ' ~ KIMLEY-HORN A~D ASSOCIATES. INC. STANDARD PROVISIONS (1) Consult.Int', Scope ofServic .. The undertak ing o f the Consult:int to perform professional services extends only to those services spccific:illy described in this Agreement. However. if request ed by the Client in wri ting :ind agreed to by the Consult:int in wnting . the Consult:int will perform ad di tional se,.vices r· Add itio nal Services") hereunder :ind shall be compensoted as set forth below. (2) Client's R..pon,ibilities In add iti on to other responsibi li ties described herein or imp osed b~· law , the Client shall : (a) Designate in writing a person to >et as its representative with respect to th is Agreement. such person hav ing complete authori ty to lr:lnsmit instructions. receive information. :ind m:ike or interpret the Cli ent's decisions. That person shall be the Director of Ne ighborhood and Business Development or his or her designee. (b) Provid e to th e Consul l.lnt all prev ious srudies. plans, or ot~er documents pen:un ing to the project: Client's requirem ents :in d crit eria: standards to be follo -.ed: :ind all new information reasonably ne cessary : upon all of which the Consu ltant may rely (c) Rev1Cw all documents or repons presented by the Consu ltant and render in wnting dec 1s1ons pen:uni ng th ereto with in a reaso na bl e time so as not to delay the serv ic es of the Consultant. (d) G ive prompt wnnen notice to the Consultant whenever the Cli ent becomes "" are of :m y development that :iffects the scope and tim ing of the Consulunt's scr. ices o r :iny de fect or noncompl iance in :,n y aspect o f the proj ect. (e) Bc,ir al l co~ts inc ident to th e res ponsibilit ies of the Client. (3) Period of Srrvic.. This Agreemcst h:ts been entered int o ;n ant icipati r. f conditions pcrm itt:ng co ntinuous and o rderly progress through the com;,let ion of ~~c Consu ltant's ser'\'ic es . T imes for :,erform1.ricc shn il c e'\'.t endct! to the ~xtcnt necess:1.ry for d c l:iys due to c ircumsunces the Consu it ant does no t control. If su ch delay or suspen s ion extends fo r more than s ix mon ths (cumul at iv e ly) fo r reasons beyond the Consultant's contro l. the rnte s o f compens at io n . rovidcd fo r in t~1s Agreement sha ll be renegotiated . The Consultant recognizes that funding for th is proj ect is subj ec t to annual app r priations hy th e Cli ent under the pro visi ons of the Colorado T axpayer's Bill of Rights (TABOR). (4 ) Compcn,ation for .\ddilional Services t.inless olhcr.,·ise agreed to in writing, the Cli ent shall pay the Consultant fo r the performance of:iny Ad ditiona l Services an add ition al lu mp sum amount to cover the Consultant 's current hourly ra te s direct expenses. (5) Method of Payment Compensatio n shall be pa irl to the Consultant in ac :ordan ce wiLi the followi ng prov isions : (a) Invoices w ill be submitted by the Con sultant to the Client pcnodically fo r sen·ic es performed and expen ses incurred. Pa~ ment of each invoice wi ll be due w ithin 25 days of rece ipt. If the Cli ent fails to m:ikc an y pavment due the Con sultant fo r services and expense s within 30 days after the Consultant's transm itta l of its invoi ce. th e Consultan t may suspend scr,ices until all amounts are paid in fu ll. (b) If the Client obj ec ts to any invoice. it must ldvis c the Consultant in wri ting gi \in g its reasons within 14 days llfrece ip t of the invoice or the C li ent 's objections sh all be w:i ived. and the invo ice s h:ill conclusi vely be deemed due :u,d ow ing . (c ) If the Consultant imt!Jtcs legal proceedings to coll ect p~y ment for sc:-vices. it may rc!covcr in ad dition to :ill :imo unts d ue. tis reasonable an omeys' fees . reasonable experts' fees. i~d oth er ex penses related to the proceed ings . Such expenses shall inc lud e the cost. at the Consulunt's normal hourly billi~g r.ttf!S. of the ti me de voted to such , roce:dings by iL'\ emp loy~es. Sim i!J.r ly. if the Cl ien t ini ti ates legal proceed ings to collect paym ent fo r servi ces. it mJ.y recover in 3Cd iti on to :ill :m,ounts due. its re:ison::iblc att orneys' fr~s. re.asonahlc expens ' fee s, and other "'pcnses re lated to the proceedi ngs . Such expenses sholl inc lude the cos~ at the Clien t's normal ho urly billi ng rntcs. of the time de\'oted to such proceed in gs by its employees. (d) The Cli ent acknowledges and agrees thot the pavmcn t for se:-vi ces rendered and expen ses inc urred by the Consultant pursuant to th is Agreement is not subj ect to an y contingency or concitio ns unless expressly set fort h in this A greement. (6) Use of Documents All documents. including but not limited to d r::twing s, s peci fic::tt ion s and d:J.t3 or programs stored ~lectronic3lly. prepared by the Consultant arc related exc lusi ve ly to the serv ices described herein. They are not intended or represente d to be su itable fo r partial use or reuse by the C li ent or others o n exten sions of th is project or on :m y other project. Any modification s made by the Cli cn~ o r any partial use or reuse without wrincn authori z.1t io n or adapt:11 io n by the Consultant will be at the Cli ent's sole ri sk :ind w ithout li ab ility or legal exposu re to the Co nsultant. (7) Opinions of Cost Because the Consultant does not con tro l the cost of labor. materials, equipment. services furn is hed by others. methods of determ ining prices. compctiti 'le bidding or market conditi ons. :m y opinions rendered as to costs shall be made on the basis of its experience :ind represent its j udgment as an experi enced and quolifi cd professional. but the Consultant cannot and docs not gu,r:,ntee that proposals. bids or acrual costs will not vary from its op inions o f cost. If the Client wi shes greater assur:ince as to the amount of any cos~ it shall emp loy :in ind ependent cost estimator . (8) Trrminotion The o bligation to provide further services unc!er thi s Agreement may be term inated by either party upon seven days' written not ice in the event of su bst:int ial failure by the other p:irty to perform in ,ccordancc with the terms hereof through no fault of the terminat ing party . In the event of any termination. the Consultant w ill be paid for all services rendered and expenses incurred to the effect ive date of term ination. :ind other reasonable expenses incurred by the Consultant as a result of such termination . (9) Insurance Th e Consultant is protected by Workers' Compensation insur:ince. professional liability insur:ince. and general liability insur:ince for bod ily injury and property damage :ind will exchange ccnificatcs of insur:ince upon request. The Consultant is protected by rev 7.'JS • . ' • ) I • 0 • • - .. ~ ,,,-. • . I' . . .. ... • -' liab ility covenge in an :,m ou nt of at le:ist S l.000.000 and will prov ide proof of insurance covcr:iges upon re que st. (10) Liability In perform ing its professional serv ices. the Consultant will use that degree of c:ire and skill ordinarily el<erci scd . under sim il ar circumstances. by reputable members of its profession practicing in the same or similar locoJity at the time the services arc pro vi ded . No w:irran ty. Cl<prcss or implied, is mode or intended by the Consultant's undertaking here in or its performance of services hereunder . and it is agreed that the Consultant is not a fiduci,ry with respect to the Client. The Consultant agrees that during the period in which an ocuon could otherwise be brought against it the Consultant will hold the Client h,r,nlcss from lo ss. d:irnogc. injury. or liobility arising direct ly and sol ely from the negligent octs or omissions of the Consultant. its employees. ,gents. subcontrJctors and their emp loy ees and ,gents but onl y to the el<tent set forth as follows. To the fullest Cl<tent of the low , and notwith standing any other provis ions of th,s Agreement. the total liability. in the oggrcgatc of the Consu ltant and the Consultant's officers. dircc:ors. employees. agents and subconsu ltants to the Cl ient or to anyone claiming by . through or under the Cli ent for an y and all cl oims . losses. co sts or d:irnagcs wh3tsocvcr ans ing out of. resulting from or in :u,y way related to the serv ic es under th is Agreement from ::u,y C3usc or causc.s includ ing but not li mited to. the negl ig ence, profession,! errors or omissions. strict liability or breach of contrJct or an y warranty. express or implied. of the Consu lunt or the Consult,nt's officers. directors. emp lo yees. >gents. or subcon sul unts shall not exceed the to tal compen sation received by the Consultant under th is Agreement or $25 ,000 whichever is greater. Under no circumstances shall the Consultant be lioble for lost profits. consequential damages or for el<trJ costs or other consequences due to changed cond itions or ror costS related to the fa il ure of the contrJctor to perform work in accordance with the plans and specifications . (11 ) Expenses of Litig2tion If the Clien t or its contracto rs initiate lega l proceedings agai nst the Co nsult ant its con tnctors. or its subcontr3Ctors related to the Consu ltant's services. and such proceedings conclude with the entry of a fina l ;uJgment favorable to the Consu ltant. the Cli ent sholl reimburse t.~e Consult:1nt for all of its re:iso nabk anomey s' fees . reasonab le exrer-.s· fee s. and other "pen ses related to the proceedings . Such expenses shall include the co st. at the Con sultant 's normal hour ly bill ing rate s. of the ti me devo ted to tJ,e proceeding s by the Consultant 's emp loyees. Simil ar ly . if th e Consu ltant or its contractors init iate legal pro cee dings against the Cli ent or its contrJctors. and such proceed ing s conc!ud e with th e ent:y of a final j ud gm ent favorabl e to r.e Cli ent. he Consultant shall rei mburse th e Client for all of its re:isonab le anomeys· fees. reasonable experts' fees. an d other expen ses rela te d to the proce edings . Such expen ses shall include the cost. at the Cli ent's norma l hourly billi ng rates. of th e time devoted to the proceedi ngs by the Client's empl oy ees. (12) Dispute Resolution The parties sha ll resolo;e all di sputes in a Colorado Cour. of competent j urisdiction . ( 13 ) Honrdous Sub<tonces It is un~erstood and agreed that in seek ing the profe ss ional services of the Con sultan t. the Cl ien t docs not request the Consultant to undertake to perl'orm any services. studies. or tests. or to make :in y de!c:minations involving h:tZ3rdous substances or co ndit ions. :is defined by federa l or state law . Therefore. the Consu ltant undertakes no such obligat ion in any wa y co nnected with the presence. di scharge. release. or escape of haz:irdous substan ces or cond it ions of any kin d. or en vironmcnt:il liabili ty of any nature . in any manner related to services performed by the Co nsu ltant. If an y hazardous substance or condition is obs erved or reaso na bly su spec:ed by the Co nsultant. it shall have the right to cease all serv ices un til the hozordous substance or condi tio n has been eli minated . The Consultant shall notify the Client of an y such substance or co ndi tio n of which the Consultant becomes aware . If the serv ices to be performed by the Con su ltant cannot be perfonned because of the ex istence of th e hazardous substance or cond ition . the Client shall be deemed to have substantially failed to perform in accordance with the tenns of this Agreement for the purposes of termination under par:igraph (8). (14 ) Assienment Noth ing in this Agreeme nt shall be const rued to giv e any rights or bea efits in th is Agreemen t to an)Onc other th an the Cli ent and the Consultant. and all duti es and respo nsib ilit ies undertaken pursuant to this Agreement will be fo r th e sole and exclusive bene:it of the Cli ent and the Co nsu ltant and not for the benefit of any other party 'I either the Cli ent not the Consultant shall assign. sub let. or tran sfer any righ ts und er or interest ir. this Agreement witho ut the wr in en consent of the other. except that th e Consultant may rcuin subconsultants as it dee ms appropriate. ( 15) Confident iali ty The Clie nt consents to the use and disseminat io n by the Consulto.o t of photographs of the Proj ect and to the use by the Consultant of focts. data and in forma tion obtained by the Consu lt ant in the perfonnance of its serv ice s. If. however . any facts. data or informati on is spec:fi ca lly identified in writ ing by the Client :is confident ial . th e Consu ltant shall use reasonable c:ire to maintain the confidentia li ty of that ma terial. {16) '.\,li,cell•n•ou, Provisions Th is Agreement is to be governed by the law of the St ate of Colorado . Thi s Agreement shall bind . and the benefits thereof shall :nurc to the respectiv e parties hereto. their leg,! repre sentat iv es . executors. administrators. suc cessors and :issigns. Th is Agreeme nt con tains the ent ire and fully integrated agreement between the parties hereto and supersedes all prior and contemporan eous negotiations. representations, agreements, or understandin gs. whether written or oral. Th is Agreement can be supp lemented or amended only by a wrinen document executed by both the Con su ltant and the Client. An y provision in this Agreement that ,s prohib ited or unenforceobl e in any jurisdiction shall. :is to such j urisd ictio n. be ineffective to the extent of such prohibition or uneniorcea b1lity "it hout invalida ting the remaining provisions hereof or affec ti ng the validity or enforceability of such provis ion in an y other j urisdiction . Also . the non-<nforeement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 2 • .. .. I • 0 - < • •• ORDINANCE NO._ SERIES OF 1999 • • •• .. BY AUTHORITY ABILLPOll ' AN ORDINANCE AUTHORIZING THE VACATION OF LI'ITLE DRY CREEK EASj !Ml'tifiCWIA8NOl.8WOOD. .. !/IL,· WHEREAS, as a condition of closing, Wal-Mart has requested the vacation of the Little Dry Creek Easement (attached as Exhibit A); and WHEREAS, the City of Englewood, Colorado obtained easements for Little Dry Creek in 1957 ; and WHEREAS, subsequent development of Cinderella City, in 1965. relocated Little Dry Creek through this reach within a box culvert under West Floyd Avenue : and WHEREAS, the Englewood Public Works Department and the Englewood Neighborhood and Business Development Department have no objection to the vacation of the Little Dry Creek Easement at CityCenter Englewood as Little Dry Creek at this location is an unused easement due to the relocation in 1965; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Ses;tion 1. The vacation of the Little Dry Creek Easement at CityCenter Englewood, attached hereto as "Exhibit A", is hereby accepted and approved by the Englewood City Council . Introduced, read in full, and passed on first reading on the 2nd day of August, 1999. Published as a Bill for an Ordinance on the 6th day of August, 1999. Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -1- I • 0 , I 32X - l •r ( • ,. ' • • ./ r .~ • .. • - ' 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 paased on first reading on the 2nd day of August, 1999. Loucrishia A. Ellis -2- ., • I ) I • 0 32X ..... • •• - • I• ... -----· • • -.. . .. --···-.. ···· ~----c FIN"AL PLAT ~NGLEWOOD CIT~NTER • or TD SB 1/4 or SBCl'ION 33. AND .l P.lRT or TD SW 1/4 or SBCT TOWNSHIP 4 SOUTH. R.lNGI 88 WEST or THE 81'11 P .II. CITY or BNGLBWOOD. COUNTY or .lRAP.lBOI. STATE or COLOR.lDO I I I I \'1 .:" \ ) • t LOT 3 49.e ~· 1 2 ACRES • "' ,~ i C > f •5,6,04 ' ii ~ s ~J·o,· w . -.. ~ I ' I ., .! I wAIJtfl«T t I; I \n j. I ~ : I w, LOT > g .,; 8 ·~ "'I ~ 12 .156 AC ~ 0:- l w I d ( -. t; I s ..) LOT 1 I C ' 2 Hl Ad<[S 1 ~ 8 I , vf wl ~ ;i I I l!l A.<,> I 'i 'S 119'!lJ'01' IV •'>:. J I' " I ~ ,,; I U'!'<4A ~· f :;p~ .. ... . RACT 'C ' 11 ACRES t . 0 I • 0 - t i -------. ' • •• • .. • ... .... COUNQL COMMUNICATION Date Agendabm Subject Vacation of Little Ory Creek August 2, 1999 11 a i Easement at CityCenter Initiated By Staff Source Department of Public Works and Rick Kahm, Engineering Manager/ Englewood Environmental Foundation, Inc. Director, Englewood Environmental Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action supports redevelopment of CityCenter. RECOIIMENDEDACTION Staff recommends council approval of a Bill for an Ordinance vacating an unnecessary easement encumbering the CtiyCenter site . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City obtained easements for Little Ory Creek in 1957. Subsequent development of Cinderella City , in 1965, relocated Little Ory Creek through this reach within a box culvert under West Floyd Ave . No records exist documenting the vacation of this unnecessary original 1957 easement. Walmart is requiring the vacation of this easement as a condition of closing . Montgomery Phillips Surveying is preparing a legal description for distribution at the August 2 , 1999 Council meeting. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for an Ordinance Map of easement location ', ' I· 0 32X - • •• IIBSOLUTION NO.~ SERIES OF 1999 ·- • • - .. ' . ,, ~· A DSOLUTION APPROVING THE CITYCENTER ENGLEWOOD SUBDMSION PLAT. WHEREAS, the subject property is approximately 53 acres with the subject property, was the site of the former Cinderella City Shopping Mall and is located in the area bounded by U.S . 285 on the south, South Elati Street on the east, West Floyd Avenue on the north and South Santa Fe Drive on the west; and WHEREAS, the subject property is zoned PUD and the adjacent property to the north is zoned R-1-C-Single-Fam.ily Residence and R-2-Medium Density Residence , the area to the east is zoned B-1-Business, and the areas to the south and we st are zoned I-I-Light Industrial; and WHEREAS, application has been made by the Englewood Environme ntal Foundatio n (EEF) requesting subdivision of the propE:rty : and WHEREAS , the preliminary plat of the Englewoo d C1ty Ce nter Subdi"ision is in substantial conformance with the previously a pp rove d P la nned l"ru t Developme nt Di s trict Plan; and WHEREAS , the Englewood Planning and Zoning Commiss ion held a Public Hearing on the proposed Englewood CityCenter Subdivision Preliminary Plat on June 22 , 1999 a nd the Enclewood CityCenter Subdivision Preliminary Plat was approved with five requirements to be incorporated in the Final Plat of the Subdivision; (1) 30 foot easement on the west side of Lot 1, Block 9, be shown; (2) easement for extension of Tract C across Lot 1. Block 9, be 1hown; (3) definitions of parcels of land between Block s 5 and 6 and between Bl ocks 7 and 8 : (4) all street dimensions be defined and shown on the plat: and (5) 12 .5 foot ea sement along the west sides of Blocks 5 and 6 be shown. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COt:NCIL OF THE CITY OF ENGLEWOOD . COLORADO, THAT: Section 1. The City Council of the City of Englewood, Color a do he reby approves the Englewood CityCenter Subdivision Plat which now include s t he Planning a nd Zoning Commission·s requirements. attached hereto as Exhib it A . ADOPTED AND APPROVED this 2nd day of August, 1999 . A'ITEST: Thomas J . Burns, Mayor Loucrisb.ia A. Ellis, City Clerk • " ', .. ) I • 0 32x I - • ~ ,,,-- • .. "' ., • -.. ... .. I , Loucriahia A. Ellis, City Cler k for the City of Englewood, Colorado , hereby certify the above ia a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis ' ' • ·, ..: ' ' . • I .. J .. ) I • 0 32X Date August 2, 1999 Initiated By ,~ t~ ... . . . .. .. • • •• COUNCIL COMMUNICATION Agendaltem 11 Ci Staff Source Subfect CityCenter Englewood Subdivision Plat Englewood Environmental Foundation Harold J . Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION · . On July 20, 1998 City Council adopted Ordinance No. 46 , Series of 1998 authorizing the transfer of property known as Cinderella City by the City of Englewood , Colorado to the Englewood Environmental Foundation . RECOMMENDED ACTION Staff recommends that Council adopt a resolution approving the Final Plat of the CityCenter Englewood Subdivision . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The CityCenter Englewood development is located on the site of the former Cinderella City Mall . The site contains approximately 53 acres . The proposed subdivision is the final land use control element to be put into place for the redevelopment of this site. This subdivision mirrors the Englewood Town Center PUD that was approved by City Council in 1998. The 1979 Comprehensive Plan designates the site as part of the central business district. The proposed subdivision is in compliance with the Comprehensive Plan . FINANCIAL IMPACT Approval of the Final Plat is needed before transfer of property and redevelopment can occur. UST OF ATTACHMENTS Proposed Resolution Findings of Fact Staff Report ~ . " ', I . 0 2 - • ,, ,,-·· • >· ·.· .. • - TO: Planning and Zoning Commission THRU: Robert Simpson, Director of Neighborhood and Business Development FROM: Harold J. Stitt, Senior Planner DATE: June 16, 1999 SUBJECT: Englewood CityCenter Subdivision -Preliminary Plat Case SD-99-0 l -Public Hearing APPLICANT: Englewood Environmental Foundation 3400 South Elati Street Englewood, CO 80110 REQUEST: ... The applicant has submitted an application and preliminary plat to subdivide a 53 4 acre assemblage of property . RECQMMENDA TION: The Depanment of Neighborhood and Business Development recommends that the preliminary plat for Englewood CityCenter Subdivision be approved and the applicant be directed to submit a final plat for review and consideration by the Commission . PROPERTY OWNERS: Englewood Environmental Foundation 3400 South Elati Street Englewood, CO 80110 LOCATION OF PROPERTY: The subject propeny, the site of the former Cinderella City Shopping Mall , is located in the area bounded by U.S. 285 on the south, South Elati Street on the east , West Floyd Avenue on the north and South Santa Fe Drive on the west . The site is zoned PUD . The area to the north is zoned R-1-C , Single-family Residence District and R-2 , Medium Density Residence District . The area to the east is zoned B-1, Business District . The areas to the south and west are zoned I-1 , Light Industrial District . BACKGROUND: The Englewood CityCenter development is located on the former Cinderella City site and contains approximately 53 acres . The proposed subdivision is the final land use control element to be put into place for the development. This subdivision mirrors the Englewood Town Center PUD that was approved in 1998 . In considering a preliminary subdivision plat , the Commission must consider the following : l . The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto . The subject site is zoned PUD and the adjacent property to the north is zoned R-1-C, Single-Family Residence District and R-2 , Medium Density Residence District; the • f ) I· 0 • • • • _,,.-. • )• ~-. ·~ • -' property to the east is zoned B-1 , Business District , and the property to the south and west is zoned 1-1 , Light Industrial District. 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with applicable yard area requirements . Because of the unique nature of this development, the PUD did not establish minimum area or frontage requirements . The subdivision layout is consistent with the approved Englewood Town Center Planned Unit Development District Plan . The Englewood CityCenter Subdivision is laid out as nine blocks and sixteen lot plus four tracts. Block LO! Area (acres ) 1 1 4.16 5 2 I 1.072 2 3 482 3 I 0 067 2 2.00 9 3 2.803 4 0 749 4 I 0 550 5 I 0 .267 2 2.841 6 1 2 8 16 7 1 3.395 8 I 2.41 0 9 1 12.156 2 2 964 3 0.965 A 0.092 B 0.4 39 C 5.49 1 D 1 030 3. The availability of all utilities , and the pro xi mity thereof to the area proposed for subdivision . All utility services are available to the site . 4. Topography and natural features of the land with spec ial re ference to flood plains . The site has been extensively filled . The fill and result ing topograph y have been designed to accommodate the proposed development . The Little Dry Creek box culven runs adjacent to and through a ponion of the property. The box culven is designed to contain the 100-year flood and as a result does not impact the property . 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with relation to existing streets and alleys , both within and without the area proposed for subdivision, and the Master Street Plan . The streets proposed for this subdivision re-impose the grid system that was interrupted with the development of Cinderella City . South Galapago Street and South Inca Street will be re-introduced as well as the realigned Englewood Parkway (identified as Tract C .) 2 .. I . 0 - • •• • /• ... -----· • • - 6 _ All rights-of-way to be designed and located to facilitate the safe movement of pedestrians and bicyclists . The subdivision reflects the rights-of-way as specified in the Englewood Town Center PUD. 7_ All bicycle and pedestrian facilities shall be selected, located and designed in accordance with current City standards. Bicycle or pedestrian facilities are specified in the PUD Design Standards and Guidelines and this subdivision is consistent with the PUD . 8. The location of utility and other easements . Because building design and specific tenant requirements are not know-n at this time. utili ty easements will be established as a part of the building design phase . 9 . The location of, and provision for , public areas , including land reserved for parks. schools and other public uses . The subdivision reflects the pub lic areas as specified in the Englewood Town Center P LTI 10 . The method of handling drainage and surface water. A drainage plan has been reviewed and approved by the Department of Public Work s LEGAL DESCRIPTION: See Preliminary Plat ZONE DISTRICT: Englewood Town Center Planned Unit Development . RELATION TO COMPREHENSIVE PLAN: The 1979 Comprehensive Plan designates the subject site as part of the central business district . The proposed subdivision is in compliance with the Comprehensive Plan . PROCEDURE: The Subdivision Regulations, Title 10 of the Englewood Municipal Code, require that the Planning Commission shall review both a preliminary and final subdivision plat and after due consideration, recommend to City Council approval, conditional approval , or denial of the proposed subdivision . Upon receipt of a subdivision application and the preliminary plat, a public hearing is set for the consideration of the proposed subdivision . After the public hearing and Planning Commission consideration of the preliminary plat , the commission may give approval , conditional approval, or the preliminary plat may be disapproved . If the preliminary plat is approved or conditionally approved, the applicant shall prepare a final plat incorporating any suggestions or conditions resulting from the public hearing. If the preliminary plat is disapproved, the applicant may appeal the decision to the City Council as set forth in Section 10-2-9 of the Subdivision Regulations _ Upon submission of the final plat, the PlaMing Commission shall review the final plat for conformance to any conditions imposed on the preliminary plat . After this review, the Commission shall approve, conditionally approve, or disapprove the final plat. When the final plat 3 • .. • t I • 0 • •• .. • __. • ,. .... ,t, .. .. . . • -.. is approved, it is forwarded to City Council for final action . Upon approval by City Council, the plat will be recorded with the Arapahoe County Clerk and Recorder . DEPARTMENT AND AGENCY REVIEW; l. Public Works · No comment. 2. Safety Services -fire · No comment . 3 . Safety Seoices -Community Services · No comment. 4 . lltililies: No comment . F:\DEPT\NBIKiROUl'IBOARDS\PLANCOMM\STAFF REPORTS 1999\SD-99-01.DOC 4 \ ' ' ' ~ .. ) I· 0 32 I • •• .. ,. -• , )-~, ... . . .. • -' CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE ISUB-99-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO ENGLEWOOD CITYCENTER SUB-) DMSION PRELIMINARY PLAT ) ) ) INITIATED BY: ) Englewood Environmental Foundation ) 3400 South Elad Street ) Ellliewood, CO 80110 ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present : Weber , Willis, Douglas , Hayduk, Lathram , Rininger , Stockwell . Welker Commission Members Absent : None Note : One vacancy This matter was heard before the City Planning and Zoning Commission on June 22, 1999 , in the City Council Chambers of the Englewood City Hall . Testimony was received from staff and members of the audience. The Commission was in- fonncd of the form of notice of Public Hearing, and received the Staff Repon , which was in- corporated into and made a pan of the record of the Public Hearing . After considering the statements of the witnesses, and reviewing the peninent documents , the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . l. FINDINGS OF FACT THAT the Public Hearing was initiated by an application from the Englewood Envi- ronmental Foundation (EEF) for approval of a Preliminary Plat for Englewood City- Center Subdivision . ' ., ... ... } I· 0 3 • •• • • • - •, 2 . THAT notice of the Hearing was given by Certified mail to 26 adjacent property own- ers identified through Arapahoe County records. 3. THAT Senior Planner Harold Stitt provided testimony regarding the proposed Englewood CityCenter Subdivision; identified and cited location of the proposed blocks and tracts; discussed the need for definition and description of utility easements and roadway easements ; and answered questions posed by members of the Commission and audience . 4 . THAT members of the Commission posed a variety of questions regarding the prelimi- nary plat, including definition and description of easements, private roadways versus publicly dedicated right-of-ways, location of RTD facilities. availability of drainage, traffic and utility plans, and utility easements that will have to be vacated . 5 . THAT members of the audience asked questions regarding the reconfiguration of West Floyd Avenue, and the impact on the residential neighborhood north of West Floyd Avenue . Members of the audience also expressed appreciation to the Commission and to the staff for notification of the Hearing , and the proposed reconfiguration of West Floyd Avenue . 6. THAT members of the Commission detennined the Final Plat of the Englewood City- Center Subdivision must include additional specified information, and delineated that information in conjunction with the motion to approve the preliminary plat . CONCLUSIONS 1. THAT the application for approval of a preliminary plal for Englewood CityCenter Subdivision was filed by the Englewood Environmental Foundation (EEF). 2 . THAT public notice was properly given by Certified mail sent 10 26 adjacent property owners . 3 . THAT the preliminary plat of the Englewood CityCenter Subdivision is in substantial conformance with the previously approved Planned Unit Development District Plan . 4 . THAT specifically identified information must be incorporated on the Final Plat to be considered by the Planning Commission at a future date. . . ' I . 0 - • •• • .. • . ..-- • ~ 1• ·, . / ~\.' .. ., . ' .. • -... ... ~ DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pre- liminary plat of Englewood CityCenter Subdivision shall be approved, and that five specifi- cally identified requirements shall be incorporated in the Final Plat of the Subdivision . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on June 22, 1999, by Mr. Weber, seconded by Ms . Lathram, which motion states : The Planning Commission approve the Preliminary Plat of Englewood CiryCenter , with incor- poration of the following specifications on the Final Plat. l. A 30 foot easement on the west side of Lot 1. Block 9, be shown; 2. The easement for extension of Tract C across Lot l , Block , be shown ; 3 . Definitions of parcels of land between Blocks 5 and 6, and between Blocks 7 and 8; 4. All street dimensions be defined and shown on the plat; 5 . A 12 .5 foot easement along the west sides of Blocks 5 and 6 be shown . AYES : NAYS : ABSTAIN : ABSENT : Stockwell , Weber, Willis, Douglas , Hayduk, Lathram, Rininger , Welker None None None The motion carried . These Findings and Conclusions are effective as of the meeting on June 22 , 1999 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Carl Welker, Chairman f:ldeptlnbdlgroupl boardslplancomml fmdinp 1999\fof ci1yccn1er sub ~I doc.doc ., \ .. ', I . 0 32x - • ----------------------------------------------------.. • --• r~ !-.': .. • .. , • -' REGULAR CITY COUNCIL MEETING AUGUST 2, 1999 i ~l ORDINANCE#~~ 4 , 46, 47, 48, 49, 50, 51 RESOLUTION~ , Y,84, 85, 86, 87, 88, 89 • ' . . ' , ... ... 0 ' . " 0 0 I • () 32 I .. " .,,. . • - • ' . -.. ..... • • _, . . FINAL ENGLEWOOD CITYCE!' A PART OF THE SE 1/4 OF SECTION 33 AND TOWNSHIP • SOUTH, RANGE e CITY OF ENGLElfO CERT IF ICATE OF DEDIC.ATIO.\ """':1a .0.1....~ ~L I\: b" 7 ~; r-0 L ;-,---,..i. ..,..,r-.c :. -h A ' or _;:_;;-::;1" _:...·~~[' ·~ :.,.:. J~:: rr-A:, =--o .-~ .... -:-. A -A~ C)t --....,::: ~ ::-: 4 ..., :-' ::. .. -· =~ ':.[ .. --~:J 3 ~ ~,...,. :uj ::-.O ::::Jl .. _ ::..,.., ·:.. ::ir [N .. ,._r J u ::JJN-, ::i 1:.;11 .:.:. .... :::~ - rJ _ .... 2 .;:, CJ "1M ["I(' C, l.\"" --i[. _., ~::J F'N[• '.;~ ,.:.'.~ NO 1 .... oc ·21 4 1" [:...:1 A J N C. -y ::: .::-- D 'TA"-C~ J• :.5 0 ,::..~ --=-A : '."• -·. --iA..,P ["-t.., i:N 0 [ A S '.:A ::, "..]• • -_ :1,;r [A '.:["1 N T '.., l t\ ;N :_-pi_,M[N"": ["J J[~ '.' 4 2 ' AND 4 2'?, '..,A j[: Jlr--. -3 .. !N . ·-'. DI N J:> -.. e9 •3 9 ·2c -..['.., 1 AN [ A J c. .. :: • 62 2 0C :C[[T , ""rl [NC:E NOF"-..., CJC ".:'!~r · ;:.:. 'TC: , '--i[N CE NOF"-h 9 ·-," 2':" .:-. .:. TY :C:"I C [ NOR T '-0 0 "16 L.(J ' [!\' • i : -Al, i_ 99•3-58 ' w ['..,"" /.. J :,-!\NC: ::::-..,, 4 - '.NE :JF T --i( ::;t,,r,.,-A >[ FA k ::;:...[ ::r- \':"r 2 i · ,A s Al\/ .. A L JN : ..,f...:~ ::_.:.· · .. · ::-;:_;::-:-, -H[r-.C• NO F""..., '.S "c:4 2\' ·:. . -'<: 1:-ANC[ Jr 91225 ;-[[' 1 ::;.:. =-::r,· - ; , J, YE. s::: : .: er ::;:...1;: ·,;:_ -:J•. - S A : [A '.., Li N[ t... D::1 AN ._[ J • <:~ ~, or t.. ''ARC[ ::ic ::i;,B[r; 3::J]' C c·~ AR .;FA-i J[ cm,,-.-.., -rl[N CE: :::: ,_ ~~·4 :. SA:D ;:AR C E L AN D A ON G T 4 ( "' :;--'.', S' !3 I v !~ID A ... [ND[_ DL A ~ :::;-A =~ ,;,J GH -or -.. ~Y ...I NE or sol, T~ ~J J , :. .J[S A JN G '.;AID RIGH T-OF -.,t>) _1, r -rl:C:N C[ NOR H-89.46 '58 ' 1,.'['..,-::,Ar;,A __ , SAiD F ANZMAI\IN-r ou.[PT:; :; r,: ;-;:i"' ·1 -i n r , rrr Ti T<.r .. ,,<:-, "'' ,r t.·r ~ ::.( ,. ~ . I r ;· t ~ I ! J -------::-------------.. ] • • ,,--· • • • .. \PLAT ~TER FILING NO. fD A PART OF THE SW 1/4-OF SECTION 34- 68 1l'EST OF THE 6TB P .K. rOOD, COLORADO ~ AND OWNERSHIP: ~T TH[ UNDERSIGNED BEING THE ,PAHOE COUNTY , COLORADO , AND A PART or THE S'J 1/4 or 68 'JE ST or THE 6 TH P .M., CITY TATE or COLORADO , DESCRIBED A S l SECTION 34 ; THENCE LINE or SAID SECTION 34 A THE NORTH LIN[ or 'JEST ExI:;TED PRIOR TO THE GRANT or ~ BOOK 1714 AT PAGES 412, 423 , JIN T OF BEGINNING ; THEIIICE ~OR TH LINE A :JISTANCE or ST A DISTANCE or 141.00 DISTANCE or 292.40 FEET, ~F 36 .00 FEET , THENCE SOUTH .t.1' TO A POINT ON THE EAST ·tlr-1t1A't l THENCE NOR T H lilt A DISTANCE Of 312 .76 ALONG SAID EAST LINE A ~ THE NORTH LINE Cf THE SE J THENCE CONTINUING ALONG FEET TD THE ~ORTH BOUNDARY ~~ PAGE 509 IP\I THE RECORDS or ';!'I'' EAST ALONG THE NORTH LINE or ~OF FRANZMANN-rOLKERTS ur 407 .71 •TET TO THE 'JEST ~ET J THENCE SOUTH 00"02 '12' ' DISTANCE or 30 .00 F'EET , 'WITH THE NORTH LINE or 4MEND[D PLAT . A DIS T ANCE OF s~~DIVISIJN ; TH[Nr.F "n1 ITl-l ... 1 OWNERS: WJTN~SS MY HAND THI S 199 __ AD DA J r BY , _________________ _ EP\IG LE 'w'ODD ENV:RON"1EN TAL rou NDi:. JON ' !'-I( O'rlNER AND SUBDI IDER 3400 S. ELA I ST REET [IIIGLEWOOD COLJRADO STATE or CD L O~ADO COU N y or ARAPAHOE NOTARY PUBLIC: •S S TH E FOREGOING INSTR UMEN T -.,A S ACK "l O'w'LE DG Eii BErORE ME TH .S DAY or 19 9 AD BY ENGLE'w'ODD ENVIRONMEN T AL AU --iOR '.Tv ._,:T NESS MY HAND AND NOTA RIA L SE A , M CO MM I SS: ::JN [X::>JRE S ON NOTAR Y P UBL.IC ADDRESS APPROVAT c;;:. . , ' I - ' t7 • ,.It ;. ., .. '11111 NTS .. ' . --• .. . .. ', • • - ... VICI~ITY ~IAP NOTES: 1. BASIS or BEARINGS : BEARINGS ARE BASED ON THE SOUTH LINE JF THE S'w' 1/4 OF SECTION 34 , BEING N 89"'50'22' \/ A S SHO'w'N 0"1 THE CIT Y OF ENGLE'w'OOD SUR V EY OF SAID SECTION 3 4 ON FI L E '.JITf-< Tl-'E CITY , D~ TED SEPTEMBER 1900. 2 . THIS PROPER TY DOES NOT LIE '.'ITHIN A 100-YEAR F L OOD PLAII'< <A PORTION OF PROPERTY LIE S lol!THIN 'OTHER AREA S' ZONE X ) ACCORDIN G TO FEMA MAP PANEL NO . 06005C0165J , AS RE V ISEJ AUGUS T 16 TH , 1995. 3 . MONTGOMERY-PHILLIPS INC . RELIED UPON CH:CAGO TITLE OF COLORADO, INC. TIT L E COMMITMENT NO . 114 7 100 EFFECTI VE DA TE , MAY 24, 1999. 4 . NOTICE ACCORDING TO COLORADO L A io/ YOU ,..UST COMMENCE AN Y ' LEGAL ACTION BASED UPON AN Y DffECT IN THIS SUR V EY lo/JTHIN THREE YEARS AFTE~ YOU FIRST DI SCOVER SUCH DEFECT IN NO EVENT MAY AN Y ACTION BASED UPON ANY DEFECT IN THIS SUR V EY BE COMMENCED MORE T HAN TEN YEARS FROM THE DATE or HE CER TIFJC A TE SHOlo/N HEREON . THENCE SOUTH 89"49•\3"' E: FRO~ AND PARALLEL ~ITH THE SUBDI V ISION, A DISTANCE DF l INE OF SOUT~ HURON STREET RIGHT-OF-'o/A Y LINE , A DIST~ Tt, LINE OF THE SE :/4 OF THE E SOU TH 99•49 ,13• EAST ALONG l~d -o TH E Nw' CORNER OF THE S'o/ l NOR H 89.53 '0 1' EA S ALONG THE . OF SA ~D SE CT[ON 3 4 . S AID LINE 1 OF 'w'E ST FLOvD A V ENUE . A DI S d -./E S TER LY R!GHT-OF-.t A Y LINE OF SOUTH oo ·o r2 J · 'w'E S ALONG SA I! DIST AN CE OF 1110 .57 FEET , HENC OF 2 .4 7 FE E T TO THE NOR T hEAS- DE C:: D ro HAMF DEN CO MP AN " A co 27 1957 IN B OOK 16 9 6 A T P AGE 39 "50 '22 ' 'w'E ST ALON G TH E NO P -, ::::iF 155 50 •EET , HEr-.CE SO H C1 '.4-1 88 •E E TO A POI N T ON riE 'A'.: I EX!S TE i) P ~JDR TC hE u~ PE.:O R J E D !N 300K 1~1 4 AT P AG- ~OO TH 89 .50 '22 ' .,E S A ND ALOI\., 2s315 FEE T o HE s o u-hE A:T iJ E ::D -o COL L MB I .:-. l f'.,SURANC SE RE :OP J E D JU l'<E 21, I 6 7 IN BOC• E A S TE i;,L Y NOR THERL I AN D ... E :-, FO .... L D "'I NG -1-RE E (3 ' CO UP S[ S OF !3G OO F EE-, <2 ) TH E NCE NCP - 12 0.00 F EE , CJ• HEr-.CE SOU -._ !3 0 00 fT E T TO A PO!N ]N -,... A VE NGE A S i U IS ED P~JOR TC ~Di.' H 89.50 '22 ' wE ST AN t C\L[l\l 381 00 FE E T i J HE P O!N or B- 5 4 4 21 ACRE S. MO RE OR LES'.: E XCE P -P A~CEL S ! 0 o !NC w J EA :EMEN TS A S CO N J ( Eu BY SP ~ AL _!AN CE CO MPAN i T O HA MPDE~: RE :ORDED J AN U AR ~ •. G6-I N 3 TH A T CER T AIN DO CU MEN T DA i E~ _ 196 7 IN BOO K 171 4 A -P AGE 33 H A v'E CA U'~E D TH E ABO E RA C - AND P L A TT E D TH E S A~( '.N O L:- HIS PLAT UN DER THE NAME AN D 'E NGLE w'OOD C ITYC EN-E R SU B D 'v :· PRESENT S DD GR AN T AND CON E ' ARAPAHOE , S TATE OF CO L ORA DC - PRO PO SED ST REE T R!GH -CF -w'A V EXC EP T THOSE ROAD S SHO'w'N A S f ~. .. ---- • I> LI NE 41 .00 FTET NORTHERLY -i LINE or LOT 2 , BLOCK 2 OF SAID ::-EE T TJ THE 'wES T RIGHT-OF-'wA Y ,CE SO UT H 00"02'12' EAS T ALONG SAID 4 1.00 FEET TO A POINT ON THE NOR TH or SA :D SECTION 33 ; THENCE 10 RT H LI NE , A DISTANCE OF 30 .00 FEE OF THE S'w l/4 OF SEC T ION 34 1 THENCE ]R H · L INE or THE S'w 1/4 OF THE s .i l /4 0 BEING THE SOUT'"i RIGHT-OF-'wA Y LI NE ::: or 94 7 .76 FEET TO A POIN T ON THE OUTH E L ATI ST~EET ; THEN CE 'E STERLY RIGHT-OF-'wAY LINE. A IORTH 89"50'22' 'w'EST A DISTANCE JRNER OF A PARCEL DESCRIBED IN ~ADD CORPORATION , RECORDED JANUAR Y THENCE CONTINUING NORTH !NE or SAID PARCEL , A DISTANCE )'12' EAST A DISTANCE or ~TH LINE or \ilEST HAMPDEN AVENUE rs or EASEMENTS IN INSTRUMENTS 12 , 423 . 426 AND 429 ); THENCE AID NOi.'TH LINE A DIS TANCE OF NER OF THAT PARCEL DESCRIBED IN :CE. INC ., A COLORADO CORPORATION , 14 AT PAGE 400 ; THENCE ALONG THE Y L:NES OF SAID PARCEL HE ~OR-H 00"09 '38' EAS T A D:ST ANCE r9°5 D'22' 'wEST A DISTANCE OF 1'38' 'w'EST A DISTANCE OF TH LINE OF SAID 'w[S T HAMPDEN ,ID GRANTS OF EASEMENTS THENCE AID NORTH LINE A DIS TAN CE OF N!NG , CONTAINING AN AREA or , AS SET FORT-i IN THE RIGH TS AND L .iARRAN TY DEED FROM CAPI TAL ~AN V, DA TE D JANUARY 18 , 19 6 7 AN D 16 96 A PAGE S L AS AMENDED B Y :: 2 , 196 7 AND RECORDED JUNE 21 -....,.. L AND TO BE LAID OUT , SUBDI V IDED l BLOCKS AND TRACTS A S SHO'w'N ON (L[ or AND TO BE KNO'w'N A S N, rILING NO . l' AND BY THESE • I THE CITY or ENGLEli.'OOD , COUNTY OF PERPETUAL USE OF THE P UBLIC , THE tl t."''SE.MENiS ~S SHO'w'N HEREON v-.1t.. , • • ~ -• • - .. ·. ' ' ~ THE STREE TS AN D E ASEMEN TS SHO wN HEREON AN D IS ACC EP TED CITY JF ENG L E'w'OOD . ST ATE OF CDL JRADO , THIS DA Y 0 ' !99 __ A.t B'r' B Y _____________ _ DIRE CTOR or PUBLIC 'wOR KS P L ANNING CO"IM!SS !DN C,..AJ RMAN B Y• BY ------------------- CITY A T ORN[Y PL ANNING COMM I SSION RECO RDI NG SECR:::T AR Y SURVEYOR'S CERTIFICATE: I FLD"D E MON "'GOMER , A RE l'.'.T:::RE:J L AN D SURVEYOR '.N --,[ S A-E OF '.J L ORA DO , DO HE RE B CER FY rit>T I AM RES P DNSI B E 'DR A II\ CrlAR GE OF HE ::-1E D SUR .!E Y USED IN PR E PARA IO N or TH S P:..A"' -rlA- T-lE ;::,o s:TJONS OF TH E PL A ED DOI N s S-iO'w'N HEREO N HA E Al\ AC:UR ACY or NOT E S~ Tri AN ONE F OO T · T:::N THOUSAND <10 ,oco ) FE E T PPIJR ADJ US MEN "'S, AND -HA ALL BOU NDAR v MON UMENTS AND C'.JNT;:>O L COR N[P : SHO'wN A~E I N PL ACE AS DE SCR BE J HE REO N F :..O YD E. MONTG OME P P.L .S NO 1208 3 CLERK AND RECORDER'S CERTIFICATE: ACC EP E D r JR FIL NG !N THE OFF .::E OF -y( [RK AN[, REC.ORDER '.JF ARAP AHOE COU N TY . ST A TE OF CDL OP A DD , A __ O'C O::K _.~.. rl!S DA Y OF 199_A Ii RECEP T ION NO . ________________ _ BOO K NO P AG E ND----- BY • CL ER K AND RECOR DE R DE P UT l\101'TGOMERY-PHILLIP . ,I1'C. 32 LAND S l.:RVEYI:--.G 7550 W. Yale Avenue.Su ite 110 Den-· Co lorado 8022 7 ( JOJ)989-JJ8J J U NF =i . 1 q a '~HFT T i n F ? ' ! .. , .,. - • • .. , . ' • -., • ' ~:,: .. ,.; .. ·, ., • • .. • -' ~·.1.N A_q ENGLEWOOD CIT~ LEGEND M • ..:ATES ....... V4 m 1.116 «.... AS IIITD 0 • aa:A1D DnClt Ula c:aalt AS ..U • •SETms..-w~-LSIILla.3 R/ -+-------------------~- --------·--·-------- /.,'( ~ I § ~ BCOK 5274 , PAG[ 509 LOT 1 •.165 ACRES ± \ ~ ... ~ °' ... ~I C i > ii ~ -, ~i • ~: r---£ 8 ' UT I L! TY [AS[M[r.T '1:L' I • i 3 soo·0c·1~ ... 30 . ' N89"46'58' 133.00' './, '- ~ Cci LI--,, "'-.._ '.L -,, <t ..: c:i <t ----' ti ' J (/) <I ~ . r z D -(/) > 0 co ::::, (/) (/) ti <r z § ::::, ~ j • -. a z w ~ <I: o::i :) (/) V) w t- I ::3 CJ a::: .. • .,,... • • - p;; I E I II --~c,i L_ _ _JL_ W. 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' ' • .. .. 0 • VIEW LOOKING NORTH WALMART ~ EASEMENT 20' ~I VARYING j-------~39~· t=~ --l=------------ ll>TH 19.5' -If_ 2.. 2.00% • I< BACK of CURB 2X 0 - ~ WALMART • • >111,, ,~ BACK of CURB \J . ... VARYING I ~t-,es ll>lH .. ~ -• .. • -.. 0 EASEMENT 30' (CONSTANT) _ --~ I V BACK of CURB ~ 2s'+-21' Fi -Ii I VARYING I v.,orn LANOSCAP I . AREA VIEW LOOKING EAST OR WEST TYPICAL SECTION I ENGLEWOOD PARKWAY THRU WALMART . ., ,. \ .. " • 'J ' • WALMART ~ 0 32 I • • RESOLUTION NO.~ SERIES OF 1999 ... <' .. • • •• .. wr/(,ii A RESOLUTION SUPPORTING THE "MASTER DEVELOPMENT AGREEMENT"' BETWEEN MILLER WEINGARTEN REALTY , LLC ., AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. WHEREAS, The. Englewood Environmental Foundation was formed to relieve the burdens which would otherwise be assumed by the City of Englewood. Colorado, in connection with the environmental remediation, land use planning and preparation for redevelopment of the Cinderella City shopping center; and WHEREAS, the Englewood Environmental Foundation was formed to provide support for the redevelopment and enhancement of the City's commercial environment and is a separate and distinct corporation; and WHEREAS, the City Council of the City of Englewood , Colorado , supported the '.\faster Plan proposed by the Englewood Environmental Foundation with the passage of Resolution No . 90 , Series 1998; and WHEREAS , Englewood City Council adopted Resolution No . 100, Series of 1998, supporting the Development Agreement between Miller Weingarten Realty, LLC .. and the Englewood Environmental Foundation for the Cinderella City Redevelopment: and WHEREAS . the Englewood City Council adopted Resolution No . 50 , Series of 1999, supporting the "First Amendment to Pre-Development Agreement" between Miller Weingarten and the Englewood Environmental Foundation for the Cinderella City Redevelopment; and WHEREAS , the adoption of this proposed resolution supports the Master Development Agreement between Miller Weingarten Realty, LLC ., and the Englewood Environmental Foundation; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , THAT: Sectjon l. The City Council of the City of Englewood , Colorado , hereby supports the "Master Development Agreement" between Miller Weingarten Realty , LLC ., and the Englewood Environmental Foundation under the general terms and conditions of the Agreement attached hereto as "Exhibit A". • • I · . I • 0 -------~---------------------·-.·------------------~~------ J ..... • • • • • ', -.. ... COUNCIL COMMUNICATION Date Agenda Item Subfect Support of Master Development Agreement between Miller Weingarten and August 2 , 1999 11 C ii the Englewood Environmental Foundation Initiated By Staff Source Robert Simpson , Board Director Englewood Environmental Foundation Englewood Environmental Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On August 10, 1998 City Council adopted Resolution No. 90, Series of 1998 supporting the Master Plan proposed by the Englewood Environmental Foundation and Miller Weingarten for the Cinderella City site . On November 10, 1998 City Council adopted Resolution No . 100, Series of 1998 supporting the Master Development Agreement proposed by the Englewood Environmental Foundat ion and Miller Weingarten for the redevelopment of the Cinderella City site . On April 19, 1999 City Council adopted Resolution No . 50, Series of 1999 supporting the "First Amendment to Pre-development Agreement" between Miller Weingarten Realty, LLC .. and the Englewood Environmental Foundation for the Cinderella City Redevelopment. RECOMMENDED ACTION Staff recommends that Council authorize Englewood Environmental Foundation (EEF) to enter into a long term lease of the identified property with Miller Weingarten Development. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Environmental Foundation will own the subject property long term but under the terms of the Master Developer Agreement, EEF transfers responsibilities for property development to the Master Developer . The Master Development Agreement includes the following major elements . 1. Describes Miller Weingarten responsibilities for developing the land and building on-site , and off-site infrastructure . 2 . Provides authority and responsibility for assembling land consistent with the approved Master Plan. FINANCIAL IMPACT There is no direct cost associated with this Resolution of Support. The proposed Resolution will '-demonstrate support for the EEF and Miller Weingarten leading to the f inal development agreement. UST OF ATTACHMENTS Proposed Resolution ' -. 0 I . 0 - • • ---------.. ------------------------------------. ,. • .. .. ~ ... • • .. .. Sec;tion 2 This resolution of support in no way waives or delegates the City's regulatory powers, duties and responsibilities with respect to zoning and governmental issues. ADOPTED AND APPROVED this 2nd day of August, 1999 . AITEST: Thomas J . Burns, Mayor Loucrishia A Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis ,. .. , . - ) I • 0 32X • • -. • ,,-· . • • - MASTER DEVELOPMENT AGREEMENT This Master Development Agreement is made and entered into this 3rd day of August, 1999, by and among the Englewood Environmental Foundation, Inc., a Colorado not-for-profit corporation ("EEF"), and Miller Weingarten Realty, LLC. a Colorado limited liability company ("Master Developen . In consideration of the mutual covenants contained herein and for other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged , the parties hereto agree as follows : SECTION 1.-Definitions The following terms shall have the meanings set forth in this Secti on 1. Certain other terms are also defined in the body of this Agreement : 1.1 "Agreement To Lease and De velop Reta il Pro pe rry" me:in s that certain Agreement between EEF and the Master De veloper which the parties intend to enter into. and which will provide for EEF to deliver the Ground Le:ise and for the Ma st er De velo per to develop the Retail Property for retail and entertainment use . 1.2 "Construction Fund Account " me:ins the acc ount described in Section 6 .1. 1.3 "Construction Contract,. mean s the co ntr act between the \faster De ve lo per and the General Contractor as pro vi ded in Section 4 .1. 1.4 "Event of Default " shall ha ve the meaning set forth in Section 7 . 1.5 "Excusable Delay " means dela y due to causes be yo nd the control of the party required to complete the applicable performance and without its fault or negligence , including . without limitation. acts of God , acts of the public enemy, acts of the federal. state or local government, acts of the other party. acts of third parties (including the effect of any petitions for initiative and referendum ), acts or orders of courts , fires. floods. epidemics, quarantine restrictions, strikes. freight embargoes, and unusually severe weather or delays of subcontractors or materialmen due to such causes . In no event shall a delay by the City of Englewood, Colorado, be deemed an excusable delay as applied to the performance by EEF . 1.6 "Forest City" means FC Englewood Associates , Inc., an Ohio corporation . H:\.OOCS'.CU Utr,Jr.£\ENGLEWO\M·W\MASTDE\I\On·icr ,vt:=..wpd 11d :9hd99 • " )C ~ I IE I T ~ • l I . 0 j • • .,,-- • ... ... ... • -.. .... 1 . 7 "General Conditions" means the General Conditions attached to forming a part of the Construction Contract, as further described in the Guaranteed Maximum Price. l.8 "General Contractor" means Saunders Construction Company . l.9 "Ground Lease" means that certain ground lease between EEF and Master Developer entered into pursuant to the Agreement to Lease and Develop Retail Property. leasing a portion of the Property to Master Developer for an initial term of one year and. after satisfaction of certain performance criteria and contingencies, for an additional term of seventy-four years . l.10 "Guaranteed Maximum Price" shall mean the maximum price of construction guaranteed to the Master Developer by the General Contractor as described in Section 4 .1. 1.11 "Guarantor " means Weingarten Realt y Investors , a Texas real esta te invesunent cruse. l.12 "Improvements~ means all building s or other structures which are included in the Plans and Specifications. l.13 "Land Payments" means the net proceeds received by EEF from the sale of a portion of the Property to Wal-Mart and to Forest City. and the ne t proceeds received by EEF from the Master Developer for the advance rental pa yments under the Ground Lease. 1.14 "Master Development Fixed Price~ means the sum to be paid co the Master Developer for performance of its obligations under this Agreement as set forth in Section 3 .2. 1.15 "Master Site Plan ~ means the site plan which has been approved by City Council. a copy of which is attached hereto as Exhibit 8 , together with any amendments thereto hereafter approved by City Council. l.16 "Plans and Specifications" means the plans and specifications described in Section 3. l, together with all additions, changes and other amendments thereto which are approved by EEF in accordance with this Agreement . 1.17 "Project Architect" means David Owen Tryba Architects. 1.18 "Project Engineer~ means Martin & Martin . .. . ' ) I . 0 .]- • • .. -· • • - ... 1.19 "Property" means the real property described in Exhibit A attached hereto, which includes the parcels to be ground leased to Master Developer, the parking areas and other Common Areas, and the parcels to be sold to Wal-Man and Forest City . 1.20 "RTD" means the Regional Transportation District. 1.21 "RTD Improvements" means the improvements which the City is required to construct under the terms of the RTD Inter-governmental Agreement. 1.22 "RTD Inter-governmental Agreement" means the Inter-governmental Agreement between the Regional Transportation District and the City, approved by the City Council on January 6, 1997. as amended by Amendment dated , 1999. a copy of which is attached hereto as Exhjbjr C. 1.23 "Schedule of Performance" means the Schedule of Performance attached hereto as Exhjbjt P, 3 .4. 1.24 "Schedule of Values" mean s the Sc hedule of Values as pro vided in Se cti on 1.25 "Site Delivery Plan" means the drawing described in Section 5 .2 and attached hereto as Exhjbjt E. Trust . 1.26 "Title Company" means Chicago Title Insurance Company . 1.27 "Trustee " means the trustee for the COP Bonds. 1.28 "Wal-Mart " means Wal-Mart Real Estate Business Trust. a Delaware Busines s 1.29 "Wal-Mart Work" means the work to be done by the Master Developer under this Agreement and as more fully set forth under the Development Agreement between Wal -Mart and the Master Developer relating co the site co be developed by Wal- Man . 1.30 "Work " means all of the on-site work and off-site work included in the Plans and Specifications . ,, "· .. ... I . 0 X • • .. • • - ' SECTION 2.-Retjtals 2.1 The Property is located within the boundaries of the City of Englewood, Colorado (the "City") and was formerly a regional shopping center site known as "Cinderella City ." The Property is bounded by Hampden Avenue , Santa Fe Drive . Elati Street and Floyd Avenue . The Property consists of approximately 45 acres designated on Exhibit A as Parcel l, together with a leasehold interest in approximately an additional 5 acres to the northwest of the 45 acre site and designated on Exhibit A as Parcel 2. EEF currently holds record title to the 45-acre parcel and the City has a sublease of the 5-acre site . 2 .2 EEF has determined that it is in the best interests of the City to cause the Property to be redeveloped so as to enhance the aesthetic , civic and economic characteristics of the City and to increase the sales tax revenue to the Ci ty. 2 .3 RTD is de veloping an extensi on o f its light rail system al ong what is re ferre d to as the ~southwest Corridor ,~ which extens ion include s a rail line al ong Sa nta Fe Dr iv e adjacent to the west boundary of the Property and a station to be located adj acent to th e Property at approximatel y Hampden A venue and Santa Fe Dri ve . The Cicy and RTD have entered into the RTD Inter-governmental Agreement which requires the City co complete and make available for use by the RTD certain improvements included in the Plans and Specifications according to the schedule of date s set forth in the RTD Interg o vernmental Agreement . 2 .4 EEF has entered into an Agreement with Wal-:Vfart to sell Wal -'.\llart a portion of the Property to be de vel o ped by Wal-Mart for its store . Th e Agreement requires EEF to complete the Wal-'.\llart Work co enable Wal-M art co proceed with the development of its property . 2.5 The City Council. on De cember 15 . 1997. expressed it s de si r e that the Property be rede veloped as a Transit Oriented Development ("TOD '') to be integrated with the RTD station next co the Property . On November 23, 1998. the City Council appro ved a P . U. D . for the Property which provides for the develoi: :ient of the Property as a TOD . 2.6 The Master Developer has agreed co rede velop the Property by performing the Work necessary to implement the Master Site Plan and , as the retail developer , by developing the Retail Property as a retail and entertainment complex as more full y provided in the Agreement to Lease and Develop Real Property . SECTION 3.-Scope; Price ! ~~CLJE.....,.RE'ENGLEWD\M-W\MASTDEV'Oev·aa:t .vl!.wpd 4 ·. ) I· 0 • • -• .. • .. • - 3 .1 Scope of Work. Master Developer shall contract for and oversee the construction of all Work. on site and off site, necessary to complete the Master Site Plan as shown on the design drawings attached hereto as Exhjbjt F, and the specifications attached hereto as Exhibit G. Prior to the date hereof, Master Developer has furnished EEF with construction drawings, which drawings have been approved by EEF and initialed by EEF and the Master Developer. Upon such approval, Master Developer and EEF shall initial the construction drawings which shall be attached hereto as Exhibit H and shall further define the scope of the Work to be performed by Master Developer. Master Developer shall require that all Work performed by any contract, or subcontractor. or material supplied by any supplier, shall conform to the scope as set forth in Exhibits F to H, and in the case of a conflict berween the design drawings and the construction drawings. the construction drawings shall comrol. 3.2 Fixed Price . From the fund s as described in Sec ri on 6 .1. EEF s ha ll pa y or cause to be paid to the Master Developer the sum of S 19 .5 00. 000 as the \.las rer Development Fixed Price for all Work required by the Plans and Spec ifi c:ui ons . T he Master Development Fixed Price shall be ad j uste -.! for change s in rhe Sc o pe o f Wo rk o nl y as provided in Sections 3 .3 and 4.3 . 3 .3 Changes in Master Site Plan . The parties acknowledge that changes may be required to the Master Site Plan. subject to approval of the City Council. in part to accommodate changes which may be desired in the development of the Retail Property or the property to be sold to Forest Ciry. The parties further acknowledge that under the terms of agreements which have been execured or which EEF may hereafter execute with Wal-Mart and Forest City. such changes ma y also require approval by Wal-\.lart or Fores r City. or both . In the event the Master Sire Plan is amended. the Master Developer shall re vise the Plans and Specifications. which re visions shall be subjecr to approval of EEF in its sole discretion. Upon approval of the re visions to the Plans and Specificarions. the Master Developer shall process a Change Order under the Consrrucrion Contracr. which Change Order , including any adjusrment in the construction cosr. Guaranteed Maximum Price and the construction schedule . all of which shall be subjecr to approval of EEF, in its sole discretion . Upon approval of the Change Order. the Master Development Fixed Price shall be adjusted by an amount equal to the change in the Guaranteed Maximum Price . and the Schedule of Values shall be revised to reflect the adjusted Guaranteed Maximum Price . the General Contractor shall ob1:iin competitive bids for any part or all of the work result- ing from the change in the Master Site Plan. which competitive bids shall be obtained in the same manner as provided in Section 4 .1. 3.4 Schedule of Values. Attached hereto as Exhibit I is a Schedule designated as an "Interim Schedule of Values," which is based upon the preliminary Guaranteed H \DOCS\CLJ ES1'1E\ENGL£W01M •W\MAST0EV\.l)rv.111 .v1 :: .• pu Ile! J9Jul9Q 5 .. . , I . 0 • • -. .. ,~------------------------ • ... • •• Maximum Price as provided by the General Contractor under the Construction Contract. The Interim Schedule of Values includes, and such items are designated on the schedule as. Master Developer soft costs received prior to April 21. 1999 , the costs of the Work for the RTD improvements. and the Wal-Man Work . Upon the General Contractor agreeing to a final Guaranteed Maximum Price , the Schedule of Values shall be revised to reflect the final Guaranteed Maximum Price. including the separate costs relating to the RID Improvements and the Wal-Man Work, but in no event shall the aggregate amount of the final schedule of values exceed the aggregate amount reflected in the Interim Schedule of Values. The revised schedule shall be initialed by EEF and the Master Developer and shall be deemed substituted herein as Exhibit I and shall be designated the ~Final Schedule of Values ." 3.5 Failure of Wal-Mart or Forest C ity to Close . In the event (a) Wal-'.\1 arr fa ils to close for any reason the purchase of the portions of the Property to be acquired by it. or (b) Forest City fails to enter into an Agreement with EEF to purchase the re si dent ia l portion of the Property or fails there after to close unde r suc h agreement . EEF shall ha ve the option , in its sole dis cretion , upon ten (10 ) days prior no tice to \.l as te r De velo per . to (a ) terminate this Agreement , or (b) to amend th is Agree ment by ad j usting th e Scope of Work. provided EEF and the Master De vel oper reac h murual agreement to an adj ustm e nt to the Master Development Final Price and the Schedule of Per fo rman ce . In the event EEF elects to terminate this Agreement. the Maste r De velo per shall be reimbursed as provided in Section 3 . 7 . 3 .6 F ai lure of Master De veloper to Consumm ate A2reemem to Lease and De ve lo p Retail Propertv . 3 .6 .1 In the event the Master De ve loper fa ils for any rea so n to enter into the Agreement to Le as e and De velop Retail Property on or before August 31. 1999. this Agre ement sha ll terminate , which te rm ination sh all be effecti ve ten ( 10) days following wr itt en not ice fr o m EEF . 3 .6 .2 In the event the Master Developer enters into the Agreement to Lease and De vel o p Reta il Property . and thereafter fails to close the acquisition of the Retail Property . thi s Agreement shall terminate . which termination shall be effective three (3) days follow ing written notice from EEF . 3 . 7 Early Termination . In the event this Agreement is terminated pursuant to Section 3 .5. the Master Developer shall be reimbursed for the amounts spent by the Master De veloper prior co the date of termination , provided such amounts are included on the Schedule of Values relating to the RID improvements, the Wal -Mart Wo rk and any other portion of the Work authorized by EEF to be done during such period . In the event thi s H OOCS\C U ENr RE'ENGL EW O\M-W\MASTO EV\Dcv-,._,.v l:?.-JN! Md l 9Ju,99 6 • I • 0 • • ~ ,,.. . • • • - Agreement is terminated under Section 3 .6 (if in the case of 3.6 .2 only if Master Devel- oper 's failure to close constitutes a default by Master Developer under the Agreement to lease and develop Retail Property ) Master Developer shall be reimbursed only for amounts spent subsequent to April 21, 1999, which are included on the Schedule of Values relating to the RTD Improvements and Wal-Mart Work and any other portions of the Work authorized in writing by EEF to be done during such period, and there shall be no reimbursement for the amounts designated on the Schedule of Values for costs prior to April 21, 1999. As a condition for any reimbursement to Master Developer under the terms of this Section 3. 7, the Master Developer shall deliver to EEF all materials relating to the Redevelopment Project (including but not limited to drawings , plans. specifications , reports, estimates , bids , and schedules) in the Master Developer 's possession or under its control , and the Master Developer shall deliver to EEF. in addition to the assignments referred to in Section 3 .8, assignments of its rights ur.der its contract with any other parry relating to the Redevelopment Project as EEF may reasonabl y request. together with such consents as are ne cessary in connectio n with the assignments or to permit EEF co use the materials ic receives from the Master De ve loper. 3 .8 Conditional Assi gnrnencs . Simultaneousl y with che execution of this Agree- ment , Master Developer shall execute and deliver to EEF Assignment of Architect 's Contract and Plans . Assignment of Comractor's Contract and Assignmenc of Eng ineers Contact in the forms attached hereco as Exhibits J. Kand L (the ~Assignments~). Master Developer acknowledge s and agrees that the Assignments shall be effective upon EEF giving notice co Master De veloper. Da vid Owen Tryba Architects. Saunders Constructio n Company or such other party whose contract has been assigned, as che case ma y be . that EEF ha s elected to terminate this '.\'la ster De velopment Ag re ement. and no further accion or consenc by Master De veloper shall be required . SECTION 4.-Construction 4 .1 Construc tion Contrac t. Master Developer has selected. and shall enter into a contract with , Saunders Constructi on ("'Construction Cont ra ct~) co act as the General Contractor . The Construction Contract shall provide for a Guaranteed Maximum Price of not more than $16 ,000.000. EEF shall ha ve the right to re view and approve the form of the construction Contract prior to signature by the General Contractor. The Construction Contract shall provide for the retention of (i) ten percent (10 %) of the cost of the Work until such time as construction of fifty percent (50%) of the Improvements has been completed and the Project Architect certifies the required per ce ntage of co mpletion has occurred and that such work has been completed substantially in accordance with the Plans and Specifications, and thereafter (ii ) five percent (5 %) of the cost of the Work . The Master Developer shall require the General Contractor, and the Construction Contract shall & ~ ' . I· 0 -----------------------------... ----------------------- • • • .. • • also so provide , that prior to the General Contractor commencing any work or furnishing any materials under the Construction Contract , the General Contractor shall obtain compe- titive bids for all such work and materials ; provided. howeve:. with prior written approval of EEF, the General Contractor shall be authorized to proceed with portions of the W o rk on a negotiated basis with subcontractors whose work is to be done on a des ign/build basi s . All bids shall be obtained from subcontractors and material suppliers who have been included on a bid list approved by EEF . EEF shall have the right to waive the requirement for such competitive bids , provided such wai ver is in writing. Copies of all such bids shall be submitted to EEF. In the event the aggregate amounts of the bids exceed the aggregate amount reflected on the Schedule of Values for such work. if the bid selected by Genera l Contractor is either (a ) not the lowest bid. or (b) is higher than the sum shown fo r such work or materials on the Interim Schedule of Values. and there is al so a bid for a su m equal to or less than the sum shown on the Schedule o f Value s. General Co ntrac to r hall have the option to sele ct the higher bid onl y with the approval of EEF . In the e ve nt the aggregate amount of the bids which hav e been selec ted is fo r an amo unt less th:rn the um shown for such wo rk or material s on the Interim Schedu le of Value . the ~l a -ter De\·el per Fixed Price shall be reduced by an equal amo unt . In no e \·e nt shall ti e ~la te r De ve l per Fixed Price be increased as a re sult o f an y bid selected in acco rd ance w ith th i pa ra graph . In the e vent the General Contractor des ires to proceed with the wo rk c vere d by a b id which has been sele cted (or such b id requirements ha s bee:1 wai ved by EEF . and w ith o ut first obtaining bids for any other work or materials. General Contracto r sha ll reque st such permission from EEF . and EEF shall authorize in writing such Work. in EEF's so le discretion . In the event the Assignment o f the Construction Contract to EEF becomes effecti ve as descr ibed in Se c tion 3 .8 . the Co nstruction Co ntract shall req uire the Gene ra l Contractor , at EEF's co st and expense . to pro vide a pa yment and per fo rmanc e bo nd in the amount of the guaranteed maximum price for the benefit of EEF . 4 .2 Co nstruc tio n Documents. Master Devel o per shall pro vid e EEF with a co py of the signed Construc tio n Contrac t . a cop y of an y co ntract exec uted by Ma s ter De ve lo per and any architect. en gi neer o r o ther c onsultant . and exe c uted co pie s o f any o ther co ntrac t betwee n Mas ter Develo per and an y other contractor or supplier. Mas te r De vel o per shall al so furnish to EEF a complete list of all persons. firms or entities wh ic h the General Contractor has enga ged as a subcontractor or supplier to furni sh lab o r and/or material s in performing a ny portion of the W ork. together with copies of all written agreements (i ncluding co ntrac ts . subcontracts and purchase orders ) therefor. and the terms o f all verbal agreements therefor. All such contracts shall be in form and content sat isfactory to EEF. All Work shall be performed in a good and workmanlike manner. and all materials shall be of first class quality . and such Work and materials shall conform in all respects to the Plans and Specifications . ----. . ' I • 0 - • • -. .. ,. ,,-·· • ... . . • • ' ... 4.3 Chan~e Orders . The Plans and Specificacions shall be modified only by written change orders. All change orders requesced by EEF shall be submiued co lhe Master Developer , and wilhin ten (10) days after ic is received, lhe Master Developer shall provide EEF wilh lhe cost of such change order. and EEF shall approve lhe cost or wilhdraw lhe change order wilhin lhree (3) days following receipc of such cosc. No change order shall be effeccive until it is approved in writing by EEF. including approval of lhe cost . The Mascer Developer shall 001 commence an y work required under a change order umil ic has been approved in wricing by EEF . EEF shall only be liable for costs of change orders requested by EEF and which changes lhe Scope of lhe Work. and such increase shall be paid by EEF and lhe Fixed Price shall be increased by !he amoum of lhe change order . Any ocher change orders resulting in an increase in cas e shall be lhe sole re spon- sibility of lhe Master Develope r. The Master Deve lo per shall mak e change s lO the Plans and Specificacions only after a change order has been submirted to and approved by EEF . which approval shall be at EEFs sole discretion . 4.4 Construction Mana11ement. Seguenc e and Comple ti on. '.\l a rer Developer shall be solely responsible for managing the Work. EEF . its ag ents and de signees ma y make periodic inspections of the Work. so long as such ins pe ctio ns do nm unreasonably interfere wilh lhe progress of lhe Work . Master De veloper shall co mmence construction of the Work and diligently pursue the same to co mplet io n in accordance with the Per fo r- mance Schedule . In the event of the occurrence of Excusable Dela y . the :\-!aster De ve loper. as the party claiming such dela y. shall comply with the requirements as set forth in Section 8.4, and thereafter the time for performanc e of such matt ers which were the subject of the Excusable Delay shall be dela yed as provided in Se ction 8..+. Ma ster De veloper shall pro- vide EEF with the written certification of che Project Archicect and , or Project En gineer when the Work . or any porti on sepa ratel y identified on the Performance Sche dule is completed . Within chin y (30 ) days following such certificacion . the Master Devel oper shall cransfer to EEF . co the extent transferrable. any warranties relacing to che Work made by the General Concractor or any subcontraccor. supplier or manu fac turer. 4.5 RTD lmprovemems. Simultane ously with the Clo sing under the Agreement co Lease and Deve lop Recail Property . th e Master Develo per shall exec uce an Assumption Agreement in the form attached heret o as Exhibit M, as suming the obligations of the Ci ty to construct and complete the RTD Impro vements as required under the RTD Agreement . The Master De veloper shall pro vi de EEF with a separate construction budget ("RTD Budget~). refle cting a separate Schedule of Values for th e cos t of the Work relating to the RTD Improvements . Master Developer acknowledges th at RTD has agreed to pro vi de funds to apply to the cost of che RTD Improvements, and Master Developer agrees to keep such separate set of books and records as may be necessary for EEF or the City to submit to RTD requests for payments for the cost of the Work which relaces to the RTD Improvements . ... . I . 0 • • .. • .. . ... .... • - 4 .6 Utjjjry Servjce · Street Construction. The Master Developer is fully responsible, at its cost, for providing all facilities necessary to provide water. sanitary sewer, stonn sewer, natural gas. electricity. telephone services and other utilities required under the Plans and Specifications . The Master Developer is also solely responsible for the relocation of any existing utility fadities and the construction of any private or public streets or ways required by the Plans and Specifications and which is included in the Scope of Work. The parties acknowledge that there currently are water and sewer taps ("Existing Taps"), fully paid, which were used in connection with the prior use of the Property as the Cinderella City Shopping Center . The panics acknowledge that the Existing Taps will be first allocated to EEF for redevelopment of the existing building. formerly known as the Foley 's Building. and which will be redeveloped at the Civic Center: the Existing Taps will be allocated next to use for the common areas of the Property to be maintained under the tenns of a Common Area Maintenance Agreement . In the e vent there are not sufficient Ex isting Tap s to meet the requirements for the common are as. EEF shall be re sponsible for the purchase and pa yment of an y additional water or sewer ca p-requ ir ed fo r the common areas included in the Property . In no event shall EEF be re spo ns ible fo r any tap fee s required for utilities to ser vice improvements to be co nstructe d by Wal-Mart or Forest C ity or improvements to be constructed by Master De veloper on Retail Propeny . 4 . 7 Insurance . Master Developer shall purchase and maintain . or cause the General Contractor to purchase and maintain. such insurance to protect Master Developer and EEF from claims set forth below . which arise out of or result from '.\'la ster Developer's operations under and performance of this Agreement. or from the Work to be performed by the General Contractor under the Construction Contract. whether such operations or performance are by Mas ter De veloper . General Contractor o r an y subcontractor. or by anyone directly or indirectl y employed by the Master De veloper or the General Contractor. or by anyone for whose acts or omissions Master Devel o per or the General Contractor may be liable : 4 . 7 . 1 Claims under worker · s or workman· s compensati on. di sability benefits or other similar employee benefits acts: 4 . 7 .2 Claims for damages because of bodily injury . occup ational sickness , disease or death of its employees ; 4 . 7 .3 Claims for damages because of bodil y injury. sickness, disease or death of any person other than employees : 4. 7 .4 Claims for damages insured by usual personal liability coverage which are sustained (a) by any person or as a result of any offense directly or indirectly related to .... ) I· 0 • • -. ----· • ... • -... employment of such person by Master Developer or General Contractor. or (b) by any other person ; 4 . 7 .5 Claims for damages because of injury or destruction of tangible property. including loss of use resulting therefrom; and 4 . 7 .6 Claims for damages because of bodily injury or death , or any person or personal property damage arising out of the ownership. maintenance or use of any motor vehicle . Insurance required hereby shall be wrinen by companies licensed in the State of Colorado which are reasonably acceptable to EEF and in am ounts reasonabl y acceptable to EEF . Certificates of insurance acceptable to EEF shall be filed with EEF prior to commencement of the Work . Certificates shall conta in a provisio n th at cov erage under the policies will not be canceled without at least thirty (30 ) da y pri r wr illen noti ce being given to EEF . EEF shall be named as an additional in s ured un der all uch po licie s . Master Developer s hall purch ase and main tain prop erty insu rance aga ins t the perils of fire and extended coverage . and shall incl ude -all ris k -in sura nce . ph y ic al loss o r damage included. without duplicati on o f cove rag e . the ft and mali io us misc hie f coverage on all materials stored on site. or in transi t, whi ch are to be inco rp o rat ed in the W ork at such time as those items are included in an appl ic ati on fo r pa yme nt de sc r ib ed herei n . 4 .8 Survev s . The General Conditio ns shall include a requirement that the General Contractor furnish survey s from time to time as portion s of the Work proce ed or are completed. The cost of such surve ys are included in the Ma s ter De vel o pment Fixed Price . Master Developer shall furni sh copies of all such surveys to EEF promptl y following receipt by the Master Developer. Master De velope r shall al so furni s h to EEF a final survey of the Property at such time as the Work is comple ted . Such final survey shall be in form and content reasonabl y ac ceptable to EEF . and the Master De vel oper shall consult with EEF concerning its proposed requirements pr io r to the co mmencement of s uch survey . The cost of such final survey is al so included in the Mas ter Devel o pment Fixed Price . 4 . 9 Permits and Approvals . Master Developer will be solel y responsible for obtaining all permits and other go vernmental approvals ne cessa ry for construction of the Improvements or any other portion of the Work . including but not limited to. building permits . Master Developer, on or before the time provided in th e Schedule of Perfor- mance , sha ll submit an application for building permits to the City. pay all required fees for such application and diligently pursue approval of such applicati on . In no event shall the plans and specifications submitted for issuance of the building permit contain any H. OOCS\C LI ENT'RE\E.'l!CiLEW D\M ·W\MASTOEV\Dcv·;aar .vl::! qc1 11d !9Ji,199 11 . ' I . 0 r---------::-------------------..-.r----------------~--~~-------- . ] • • _.,.,.. .. • .. • - material deviations from the Approved Design Drawings. Upon completion of the construction drawings Master Developer shall update its application for a building permit by submitting such drawings. 4 .10 Inspection and Reports . During the course of the Work, Master Developer shall carry on regular inspections of the Work . Master Developer shall furnish to EEF on a timely basis copies of all reports it prepares or receives regarding inspections of the Work, including repons prepared by its employees and agents, and any reports from the Project Architect or Project Engineer . The Master Developer shall have no liability with regard to the accuracy of the reports prepared by the Project Architect or the Project Engineer and makes no warranty or representat io n with regard to such reports . EEF. together with its agents, consultants and designees , shall also have the right to inspect the Work from time to time, in its discretion , provided such inspections do not unreasonably interfere with the Work . Master Developer shall promptly cause to be corrected any ponions of the Work are not in accordance with the Plans and Specificatio ns . 4 .11 As-Built Drawin!!s -after comple ,io n of the Work. ~l as ter De veioper shall prepare and forward to EEF two full sets of as-bu ilt drawings of all of the Work . One set of the as-built drawings shall be in a fonnat wh ich will allow EEF to reproduce addtional copies . 4.12 Mechanic's Liens -Master Developer will cause any mechanic 's lien or similar document filed against the Property as a result of materials or labor provided for or at the request of the General Contractor or the '.I.laster Developer. its agents or contractors . to be removed of record within thirty (30) days following the date of filing. The Master Developer may contest any such lien provided it posts with EEF . or deliver to EEF evidence that there is posted with others , adequate security approved by EEF for the payment of any such mechanic 's liens or similar lien or claim . 4 .13 Guarantv of Completion -Master De veloper shall provide EEF with a guaranty of completion executed by Weingarten in the form attached hereto as Exhibit N . 4 .14 Indemnification -Master De veloper hereby indemnifies and agrees to hold EEF and the City , its employees. officers, directors, representatives , agents. successors and assigns, harmless from and against all claims asserted against any of them by any person or entity arising out of or in connection with the Work to be performed by the Master Developer under the terms of this Agreement. EEF shall have the right to appear in any action or proceeding to defend itself against any such claims. All costs incurred by EEF in connection with any such action or proceeding. including attorney fees , shall be paid or reimbursed by the Master Developer to EEF. :~CLIENT R£'ENGUWO\M·W\MASTOE V\DtY ·11r v l l .wpd \ 2 ) I· 0 J -. • • ,.., . • .. .. • • ' ... SECTION 5.-Covenants bv EEF 5 .1 EEF Responsjbjjitjes . EEF shall perform, by the dates specified, the following duties and development activities: 5 .1.1 EEF shall submit to the Director of Neighborhood and Business Development a preliminary subdivision plat of the Redevelopment Project on or before ten (10) days following its receipt from the Developer of the survey and preliminary subdivision plat. EEF shall obtain approval of the Planning Commission and the City Council to a final subdivision plat a final approval by the Planning Commission by the dates designated on the Performance Schedule. 5 .1.2 Prior the mutual execution of this Agreement. EEF shall have completed its current demolition and fill activity at the Property . 5.2 Deliverv of Prooertv . The parties acknowledge and agree th at the drawing (~Site Delive ry P la n "). which has been initialed by both partie s and is attached he ret o a Exhibit E, reflects the requirements of the Master De veloper fo r the conditi o n of the Property at the time it is delivered by EEF to the Master De veloper, including grade elevations of the Property, as well as final grading of roads and interse ctions . EEF agree s to deliver the Property to the Master Developer in the condition set forth in the Site Delivery Plan. SECTION 6.-Disbursements 6 .1 Construction Fund Account. The parties acknowledge that the Master De ve lopment Fixed Price shall be paid in part by RTD in accordance with the term s of the RTD Intergovernmental Agreement as described in Section 6.3 . in part by the proceeds of the COP as described in Section 6 .4. and in part from the Land Payment as pro vi ded in this paragraph. EEF agrees to deposit the Land Payments in a separate account c-con- struction Fund Account"). Upon the Closing under the Agreement to Lease and De velop Retail Property . in the event the total of (a) anticipated land payments. (b ) amounts payable by RTD under the RTD Intergovernmental Agreement, and (c) COP proceeds is less than the unpaid balance of the Master Development Fixed Price , EEF shall also deposit the amount of such difference in the Construction Fund Account. The Construction Fund Account shall be disbursed by EEF only to pay toward costs of the Work , including the Master Development Fixed Price . Upon the payment in full of the Master Development Fixed Price and any other obligations of EEF under this Agreement, any funds remaining in the Construction Fund Account shall be retained by EEF as its funds , free of any claim by Master Developer or any other party. H·\OOCS\CUEST RE\ENGLEWO\M-W\MASTDEV' ~v-ac r • 12 ... 'Jld il4 :9hu9' 13 ' . . ' I· 0 -------------------------.·-------------~------------- • • • .. .... '"- • -- 6.2 Disbursement Procedure. EEF shall make disbursements to Master Developer from the Construction Fund Account to be applied as payment on the Master Development Fixed Fee in accordance with the following procedure : 6.2.1 Certificate for Pavment. At such time as Master Developer shall desire to obtain, subject to the requirements contained herein. a disbursement of any ponion of the Master Development Fixed Fee, Master Developer shall complete, execute and deliver to EEF a request for an advance in the form of the Certificate for Payment approved by the EEF. 6 .2.2 Evidence of Progress of Construction. Each Certificate for Payment shall, upon the request of EEF, be accompanied by evidence in form and content satisfactory to EEF, including but not limited to certificates and affidavits of Master Developer, the Project Architect and /or General Contractor or such other person as EEF may require, showing : (a) The value of that portion of the Improvements completed at that time; (b) That all outstanding claims for labor. materials and fixtures have been paid or will be paid from the proceeds of such disbursement: (c) That there are no mechani cs· liens outstanding against the Property : (d) That Mast.er Developer ha s complied with all material obligations required under this Agreement to be performed by the Master Developer as of the date thereof: (e) That all Work prior to the date of the request for an advance has been performed and completed in accordance with the Plans and Specifications ; (t) That all funds previously disbursed by EEF have been applied directly to the payment of cost of the Work, as set forth in the Project Budget or otherwise as EEF shall have approved in writing; (g) That all change orders in any amount whatsoever shall have been approved in writing by EEF, and. if required by EEF , by any surety and any Guarantor ; ,. . . , I . 0 I ---------------------------.--------------------------- • • -. _,,-. • . . • - (h) That the undisbursed portion of the Master Development Fixed Fee is sufficient to pay the cost of completing the Work in accordance with the Plans and Specifications; (i) That the location of the Improvements will not encroach upon any adjoining properties or interfere with any easement ; U) That. if payments are to be made on account of materials or equipment not incorporated in the work but delivered and suitably stored on the Property . or at some other location agreed upon by EEF in writing . such pa yments shall be conditioned upon submission to EEF by Master Developer of bills o f sale or such other procedures satisfactory to EEF to establish EEF 's title to such material s or equipment or to otherwise protect EEFs interest. 6 .2.3 Certificate of Inspecting Ar chi tect. Each Certific at e fo r Pay ment sha ll be ac companied by wr itten certifica tion fr om the Proj ect . .\rchitect or Proj ect En gi nee r indicating the status of constructi o n . compl ianc e wi th th e Plans an d Specificati o ns . a nd approval of the disbursement reque st. Mas te r Dev e lo per shall pay all fre s and ex penses o f such architect or engineer for all required inspect io ns . 6 .2 .4 Invoices . Each Certifi cate of Payment shall also be accompanied by copies of all bills or statements for expenses for which the ad 1,a nce is req u ested . 6 .2.5 Continuation of Title Report. Each Certifica te fo r Pa~ me nt sha ll. at the request of EEF , be accompa nied by a satis fa ctory title rep ort sh owi ng th at no me cha ni cs· lien statements or statements of intent to file a mechanic ' li en have be en reco rded . 6 .2 .6 Interim lien W ai vers . Pr io r to eac h draw. Master De velo per sha ll deliver to EEF lien wai ve rs and rel eases of lien s (if ne ce ssa ry) fo r wor k perfo rm ed o r materials supplied . except with res pe ct to am o unt s incl uded in the curre nt mo nth 's draw . 6.3 RTD Impro vements . The parrie s acknowled ge that the cos t of th e RTD Improvements will be made in part from payment from the Constru ction Fund Acco unt and in part from direct payments made by RTD pursuant to the RTD Inter-gov ernmental Agreement . The partie s also acknowledge that with respect to d ire ct payments by RTD , the request for such pa yments must be made by EEF . Master De veloper shall s ubmit to EEF a separate Certificate for Payment relating solely to the RTD Improv ements . which Certificate shall conform with the same procedures as set forth in this Section 6 . EEF shall be responsible for processing the Certificate with RTD and the payments to be made by RTD shall then be rece iv ed by EEF and remitted to the Master Developer. EEF shall have no obligation to pay for the portion of the cost of the RTD Improvements which is H:\OOCS\CLIENl\RE" E~GLEW 0 1 M· W\MASTD EV\Or,,·llf "12 . wpd lid :=9Jial99 15 • ', I . 0 -- • • l , • ., ... ~' • -' payable by RTD until such time as RTD makes such payment, provided the RTD payment is not delayed as a result of any act or omission by EEF. 6.4 COP Improvements. EEF has previously sold Cenificates of Purchase ("COP") to fund portions of the Master Development Project and the Civic Center Building which will be used by the City and its related agencies for their offices . EEF shall be responsible for processing for payments, as applicable, any portions of the cost of the Work which will be paid from the COP proceeds. and the Master Developer shall cooperate with EEF by supplying EEF such information as in required to obtain payments from the COP proceeds. 6.5 Conditions to Each Disbursement. At no time and in no event shall EEF be obligated to disburse funds: 6.5 .1 In excess of the amount recommended by the Project Architect: 6 .5.2 If any Event of Default :is described in Section 7 .1 hereof shall ha ve occurred; 6 .5 .3 If. in the reasonable opinion of EEF. the amount remaining to be paid for Master Development Fixed Price is not sufficient to pay for the balance of the Work to be completed.; or 6.5.4 If the Work shall have been damaged by fire or other casualty and EEF shall not have received insurance proceeds sufficient in the sole judgment of EEF to effect the restoration of the Work in accordance with Plans and Specifications and to permit the completion of the Work on or before the Completion Date set forth herein. 6.6 Retainage and Final Disbursement . A portion of each disbursement by EEF for costs of construction of the Work and Improvements due the General Contract shall be retained by EEF as described in Section 4.1. which retainage shall be disbursed only upon compliance with the following requirements (in addition to the requirements for all other disbursements): 6 .6 .1 Receipt by EEF of satisfactory evidence of the completion of the Work and Improvements in accordance with Plans and Specifications and approval of such completion by the representative of EEF; 6.6.2 Receipt by EEF of a satisfactory kas-built" blueprint or survey reflecting the location of the Improvements on the Land in accordance with the Plans and Specifications; ' . .. 0 I . 0 - • • ,,-. • ... • • ... 6 .6 .3 Receipt by EEF of either lien waivers or releases from all contractors , subcontractors, laborers and materialmen employed in furnishing labor or materials in connection with the Work; 6 .6.4 The conditions for disbursement of retention under the tenns of the Construction Contract shall have been satisfied, and copies have been furnished to EEF of any documents, certifications or accounting required to be delivered by General Contractor as a condition for disbursement to General Contractor of any retention ; and 6 .6 .5 Receipt by EEF of such other certificates and assurances as EEF shall reasonably require . 6 . 7 Notice Freguencv and Place of Disbursements . The Certificate for Payment shall be submitted to EEF at least ten (10 ) business days prior to the date of the requested advance . Disbursements shall be made no more frequently than monthl y and in amounts of not less than Fifty Thousand Dollars (S50 .000 .00). All disbursements shall be made on the 25th day of a calendar month (or, if not a busines s da y. on the fir st busine ss da y following). 6.8 Deposit of Funds Advanced . Master Developer will immediately deposit all disbursements made by EEF in a separate and exclusive account. to be withdrawn and used solely for payments of costs of the Work . 6 . 9 Advances to Contractor . At its option EEF may make any or all disburse - ments directly to the General Contractor. No further direction or authorization from Master Developer shall be neces sary to warrant such direct advances to Contra-.ror and all such advances shall satisfy '2.[Q tanto the obligations of EEF hereunder as full y as if made to Master Developer, regardless of the disposition thereof by General Contractor. In the event EEF makes payments directly to the General Contractor. it shall use its best effo rts to cause General Contractor to compl y with the conditions for such payment as provided in the Construction Contract. 6 .10 Reallocation of Budget. In the event Master Developer furnishes EEF satisfactory evidence that the amount remaining for any item in the Schedule of Value will not be required to complete such item , such unused amount may be re-allocated to another item in the Schedule of Values: provided. however , amounts allocated for hard costs (costs of materials and labor) may not be reallocated for soft costs (such as fees ). 6 .11 Contjn~encies . :\~CUENT\R£\ENGLEW01M-W\MASTDE V\0.v-qr vll .-.pd } 7 . ' I· 0 • • • --· • I •,,. .. '• • - .. •, 6 .11. l The parties acknowledge that the Schedule of Values include a contin- gency for the Master Developer of 4. 7% of construction costs, excluding soft costs ("Master Developer's Contingency") and a contingency for the General Contractor of 5% of construction costs, excluding soft costs ("Contractor's Contingency"). The Master Developer's Contingency is to be used by the Master Developer for actual costs which exceed the Schedule Values which result from any matter other than a change in the Plans and Specifications made at the request of EEF or for costs to be absorbed by the General Contractor as part of the Guaranteed Maximum Price as provided in the Construction Contract . The parties agree that. upon completion of the Work, in the event the actual amount charged in the aggregate against the Master Developer's Contingency and the Contractor's Contingency in accordance with the terms of this Agreement is less than the aggregate amount originally allocated in the Schedule of Values ("Contingency Savings"). the first $500,000 of Contingency Savings shall be paid to the Master Developer and any excess shall be paid to EEF. However, in the event EEF receives any portion of the Contingency Savings. EEF agrees to reinvest such amount in the Property in the form of additional work. additional improvements. or enhancements to the existing work or improvements . 6 .11 .2 The parties agree that no portion of the Master Developer's Contingency shall be disbursed until such time as the Master Developer has consummated the Agreement To Lease and Develop Retail Property and has made the Land Payment to EEF as required under the Agreement. SECTION 7.-Events of Default 7.1 Events of Default bv Master Developer. If one or more of the following events occur , and the same is not cured by the Master Developer within the time provided in Section 7 .3, the same shall be deemed an "Event of Default ~ by the Master Developer and EEF may then exercise one or more of the remedies as provided under this Agreement : 7 . 1.1 The Master Developer. subject to Excusable Delay , fails to comply with the Schedule of Performance ; or 7. l. 2 The Master Developer fails. within thirty (30) days following the recording of any mechanics' or materialmen's lien or other similar document filed against the Property , to bond against, provide security for or remove such lien in accordance with this Agreement; or ~ ~CUE."iTRE'ENCU"W O\M.W\MAST"OEV\Oc-· .. , ..,,z .wpa 18 .. ) I . 0 2 • • -. , .. ·,. ., ,,.-. • • - .. .. .. ... 7 .1 .3 The Master Developer fails to pay , when due , any sum required to be paid by the Master Developer by the terms of this Agreement; or 7 .1. 4 The Master Developer, or any General Partner of the Master Developer, commences a voluntary case under any applicable federal or state bankruptcy, insolvency or other similar law now or hereafter in effect ; or 7 .1.5 The Master Developer fails to observe or perform any other material covenant, obligation or agreement of the Master Developer provided in this Agreement ; ' ' 7 .1 . 6 Any suit shall be filed against Master Developer or Guarantor . which if adversely determined. could in EEF's reasonable opinion substantially impair the ability of Master Developer or Guarantor to perform each and every one of its obligations under this Agreement; or 7 .1. 7 There is an y subs ta ntial de via ci on in the Work fro m th e Plans and Specifications without the prior written appro va l o f EEF . or ther e is inco rp o rated in the Work any substantially defective wo rkmanship o r ma ce rial s . which said dev iati o n or de fec t is not commenced to be corrected within ten ( 10 ) day s a ft er writt en noc ic e thereof and such correction diligently continued to its conclu sion : or 7 . l . 8 There appears on an y surve y required hereunder enc roa chments which have occurred with out th e approval of EEF and which are noc com menc ed co be removed or corrected within cwent y (20 ) day s after receipt of EEF's no ci fo.:a cio n to \fascer Developer of the existence there o f and such remo val or correc ti on d ilig entl y co ntinued co its conclusion: or 7 .1. 9 Once commenced . there oc curs ce ss ation of the Work pri o r to completion for a continuous period of cen (10) days or more fo r causes other than for Excusable Delay or consented to in writing by EEF: or 7 .1. l O Any person obtains an orde r or decree in any court o f competent jurisdiction , as a result of any claim against the Master De veloper , enjoining the Work enjoining or prohibiting Master Developer or EEF from performing this Agreement, and such proceedings are not properly contested or such decree is not vacated within thirty (30) days after the granting thereof; or 7 .1.11 Master Developer neglects , fails , or refuses to keep in full force and effect any required permit or approval with respect to the Work : or H:\OCXS\C U EN1\RE\f.!r,jGL£WO\M·W'\MASTOE V\Orv ·qr vl~ ... pd Md 29h.i199 19 • ,. • . ) I . 0 • • .. • ,;- • 1,. , .. . . .. • -' 7 .1.12 If Master Developer shall not have obtained all governmental approvals requisite for the Work or (ii) after commencement of the Work, the Work should cease or not be diligently prosecuted or the Work should be damaged or destroyed by casualty not covered by any insurance policy in favor of Master Developer and EEF and/or in case of casualty not covered by insurance or delay caused by no fault of Master Developer, Master Developer shall not have commenced the work or the repair of such damage or destruction within sixty (60) days from the occurrence thereof; or 7 .1.13 Master Developer defaults (following the expiration of any applicable grace period) in the performance of any terms or conditions required to be performed by it under the Agreement to Lease and Develop Retail Property. 7 .2 Evenrs of Default bv EEF . In the event EEF fails to perform any material covenant, term or condition in this Agreement , including, without limitation. compliance with the Schedule of Performance, subject to Excusable Delay and the same is not cured by EEF within the time provided in Section 7.3. the same shall be deemed an "Event of Default" by EEF and the Master Developer may then exercise one or more of the remedie s as provided under this Agreement. 7 .3 Grace Periods. If any event referred to in Sections 7 .1 or 7.2 occurs , such event shall not constitute an Event of Default if the failing or default ing party cures such failure withing thirty (30) days following receipt of written notice of such failure or default or, if the failure or default is one which cannot reasonably be cured in such thirty (30) days, if such party takes reasonable action to cure such failure or default within the thirty (30) day period and thereafter diligently prosecutes such cure to completion . SECTION 8.-Remedies 8.1 Remedies of EEF . Upon the occurrence of any one or more of the Events of Default set out in Section 7 .1, EEF shall at its option be entitled to proceed to exercise any of the following remedies : 8 .1.1 to terminate this Agreement by notice to Master Developer. provided , however, following such termination the Master Developer shall remain liable for any damages resulting from the Event of Default; 8 .1.2 to take whatever action is necessary or appropriate by the use of legal proceedings or otherwise (A) to cause Master Developer to vacate the Property and (B) to take possession of the Property; !!t ~CLIE.VT\RE\ENGLEWD1M-W\MASTDEV\lln·llf · v 12. -,,cf 2 Q ' . ., ) I . 0 • • • ,. ,.,,-,·" • .. • -.. 8 .1.3 to perform or cause to be performed any and all work and labor necessary to complete the Improvements in accordance with Plans and Specifications: 8.1.4 to employ security watchmen to protect the Property: and 8. l . 5 to disburse that portion of the Master Development Fixed Price not previously disbursed (including any retainage) to the extent necessary to complete the Work in accordance with the Plans and Specifications, and if the completion requires a larger sum than the remaining undisbursed portion of the Master Development Fixed Price. to disburse such additional funds , and to take all actions necessary in connection therewith , including but not limited to the following: to use any funds which may remain unadvanced hereunder for the purpose of completing the Work in the manner called for by the Plans and Specifications: to make such additions and changes and corrections in the Plans and Specifications which shall be necessary or desirable to complete the Work in substantially the manner contemplated by the Plans and Specifications : to employ such co ntractors, subcontractors. agents. architects and inspectors as shall be required fo r sai d purposes : to pay , settle or compromise all existing or futur e bill s and claims which are or ma y be liens against said Property or as ma y be ne cessary or desirabl e fo r the completion of the Work or the clearance of title to the Property: to execute all applications and ce rtificates in the name of Master De veloper which may be required by an y co nst ru ctio n co ntract and to do any and every act with respect to the construction of the Impro vements which Master Developer may do in its own behalf. EEF sha ll ha e no obligation to undertake any of the foregoing actions and if EEF shall do so. it shall ha ve no liability to Master De veloper for the sufficiency or adequacy of any such acti o ns taken by EEF . In the event EEF reasonably advances funds hereunder in excess of the amount remaining to be paid under the Master Development Fixed Price, the Ma ster De veloper shall reimburse EEF for such excess upon demand. together with interest at the rate of 12 % per annum from the date of advance to the date of repayment . 8 .1.6 EEF shall ha ve the right at an y time and from time to time to set-off and apply any and all amounts paid to complete the Work against any amounts owing by EEF to or for the credit or the account of Master Developer , including but not limited to the Master Development Fixed Fee. The rights of EEF under this subsection are in addition to any other rights and remedies (including. without limitation , other rights of set- off) which EEF may have . 8 . l. 7 In the event this Agreement is terminated as a result of the occurrence of an Event of Default (and specifically excluding termination under Sections 3 .5 or 3 .6), the Master Developer shall be obligated to reimburse EEF for the cost incurred by EEF to complete the Work in excess of the amount remaining to be disbursed from the Master Development Fixed Fee . H:\00CS\CLIENT\RE\ENGLEWO\M ·"""M ASTDEV\Or,-11r v i? wpo •Id 29J .. ,99 21 • . ' ... .. \ I· 0 • • • " ~-. • • ... .. • -' ... 8.2 Remedies of Master Developer on Occurrence of an Event of Default bv EEF . If any Event of Default by EEF occurs, the Master Developer shall be entitled to all reme- dies at law or in equity including specific performance ; provided, however , that any award of damages to the Master Developer shall be limited to actual direct and consequential damages incurred and shall not include punitive damages . 8.3 Delavs: Waivers . Any delay by either party in asserting any right or remed y under this Agreement shall not operate as a waiver of any such right or deprive the party of or limit such rights in any way: nor shall my waiver in fact made by such party with respect to any Default or Event of Default by the other party under this Agreement be considered as a waiver of rights with respect to any other Default or Event of Default by the other party under this Agreement or with respect to the particular Default or Eve nt of Default, except to the extent specifically waived in writing . It is the intent of the parties that this provision will enable each parry to avoid the risk of being limited in the ex<!rci se of any right or remedy provided in this Agreement by waiver. !aches or otherwise at a time when it may still hope to resol ve the problems created by the De fault or Event of De fault involved . 8 .4 Excus:?ble Delav . Neit her EEF nor the \faste r De vel oper . a the ca e ma y be , shall be considered in default of its obligations under th is Agreement in the evem of delay due to an Excusable Delay . In the event of the occurrence of an y Excu sable De lay the time or times for performance of the obligations of the pa rty claiming dela y shall be extended for a period of the dela y: provided . that the part y seek ing the benefit of the provisions of this Section shall. within fi ve (5) business da ys after such party know s of any such delay first notify the other part y of the specific dela y in writing and claim the right to an extension for the period of the delay. In the event performance is ex tended be yo nd ninety (90 ) da ys by reason of any Excusable Dela y. this Agreement ma y be terminated b_ the other party . In no event shall failure by Wal-Marc or Forest Ciry to make the ir Land Payment constitute Ex cusa ble Dela y for per fo rmanc e by EEF (howe ver , EEF shall ha ve the right to tenninate this Agreement, as provided in Section 3.5) . 8 .5 No Consequential Damages . In the event either party is liable in dam ages to the other as a result of a default under this Agreement, such damages shall be limited to actual damages and in no event shall include consequential damages ; provided . however, in the event EEF is liable to any third parry (such as RTD under the RTD Inter-governmental Agreement ) for liquidated or other damages as a result of delay in completion. such damages shall be deemed actual damages for purposes of this paragraph . SECTION 9.-Miscellaneous • ' . • ) I· 0 • • .. ~ --• . .. .. . .. • -.. " 9.1 Supersedes Prior Agreement. Murua! Release. The Parties previously entered into a Pre-Development Agreement. which Agreement was amended by the First Amend- ment dated April 21, 1999. The Parties acknowledge and agree that their Master Develop- ment Agreement supersedes in its entirety the Pre-Development Agreement. as amended and further agree that the Pre-Development Agreement is of no further force and effect. Simultaneously with the execution of this Agreement, the Parties are also executing a murual release, releasing each other from any and all claims arising in connection with the redevelopment of the Property; a copy of the form of mutual release is attached hereto as Exhibit o. 9.2 Wajver. No failure by either party hereto to insist upon the strict performance of any covenant , duty, agreement or condition of this Agreement. or to exercise any right or remedy consequent upon a breach of this Agreement. shall constirute a waiver of any such breach or of such or any other covenant. agreement . term or condition . Either party by giving notice to the other party may. but shall not be required to. waive any of its rights or any conditions to any of its obligations hereunder. No wai ver shall affect or alter the: remainder of this Agreement. but each and every CO\'enant. agreement. term and condition of this Agreement shall cont inue in full for ce and c:ffecc with re spe ct to any ocher then existing or subsequent breach. 9.3 Anornevs· Fees . In any proceeding brought co enforce the provisions of this Agreement. the prevailing party therein shall be entitled co an award of reasonable attorneys· fees , acrual court coses and other expenses incurred . 9 .4 Conflicts of Interest. Maste r Developer shall have the duty to disclose in writing any person or entity who is either directl y or indirectly associated with or affiliated with Master Developer or its partners and who is : A member of the governing body of the City ; an employee of the EEF who exercises responsibility concerning development of the Property. or an individual or firm retained by the EEF who has performed consulting services in connection with the redevelopment of the Property. None of the above persons or entities shall participate in any decision relating to this Agreement that affects his or her personal interest or the interest of any corporation. partnership or association in which he or she is directly or indirectly interested except after disclosure by the Master Developer and approval by EEF. 9 .5 lncowration of Exhibits . All exhibits attached to this Agreement are incorporated into and made a part of this Agreement . 9 .6 EEF Not a Partner: Master Developer Not EEF 's Agent . Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the H'.\0CX:S\CLI ENT\RE\ENG LEW01M-W\MASTOE V\De v·~1r ,.J2 wpc sld:9Jul9'if 23 .. ' .. I • 0 • • • ,..-. • .. • -' .... contrary. EEF shall not be deemed or constituted a parmer or joint venturer of the Master Developer. The Master Developer shall not be the agent of EEF. and EEF shall not be responsible for any debt or liability of the Master Developer . 9 . 7 No Thjrd-Party Beneficiaries . Except as otherwise expressly agreed in writing between either that Master Developer or EEF and a third party claiming such benefit. no third-party beneficiary rights are created in favor of any person not a party to this Agreement. 9.8 AppJjcab!e Law. The laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement. 9.9 Non!jabi!ity of Citv Officials and Emplovees . No Council Member. official or employee of the City, and no officer, director. or employee of EEF. nor any agent. representative or consultant of either the City or EEF shall be personally liable to the Master Developer in the event of any breach or Event of Default by EEF under this Agreement . 9 .10 Binding Effect. This Agreement shall be binding on and inure co the benefit of the parties hereto , and their successors and assigns. subject to the limitations on assignability of this Agreement by the Master Developer as set forth in this Agreement . 9 .11 Counterparts. This Agreement may be executed in any number of counter- parts, each of which shall constitute one and the same instrument . 9 .12 Notices. A notice , demand or other communication under this Agreement by any party to the other shall be sufficiently given if delivered in person or if it is dispatched by registered or certified mail, postage prepaid. rerurn receipt requested. or by federal Express. Airborne or similar overnight delivery service for next business day delivery or delivered personally, and 9.12. l In the case of the Master Developer. is addressed to or delivered to the Master Developer as follows: Miller Weingarten Realty, LLC 2 Inverness Drive East , Suite 200 Englewood, CO 80112 Attn: Skip Miller with a copy to: H·\D0CS\CLIENT\RE'1ENGLEWO\M.W\MASTDEV\Oev·11r .vl~."""°' dd :9JW99 24 • ... .. • I I· 0 • • • • ,. •,. , . . . • - 9 .12.2 In the case of EEF , is addressed to or delivered personally to EEF as follows : Englewood Environmental Foundation, Inc . 3400 South Elati Street Englewood, CO 80110 Attention : President with a copy to : City Attorney City of Englewood 3400 South Elati Street Englewood . CO 80110 or at such other address with respect to an y such party a th a t pa rty may . from time to time. designate in writing and forward to the other as prov ided in th is Si: tio n . 9 .13 Entire Agreement: Amendments . Th is Agre ement and the Exhib its hereto contain all of the covenants , terms. provisions . and agr eements betw een EEF and the Master Developer relating in any manner to the subject matter here of. No pr io r agree ment or understanding with respect to the same shall be va li d or of any fo rce o r e ffec t. and no covenant. term, or provision of thi s Agreement or the Exh ibits hereto . includin g bu t not limited to the Schedule of Performance . shall be altered , cha nged. modified . or added to , except in writing. signed by EEF and the Master De ve loper. No represe ntat io n. induce - ment . or understanding of any nature what soever made. stated . or represented on behalf of either party hereto. either orall y or in writing , has induced the other party to enter into thi s Agreement except as set forth in this Agreement . 9 .14 Resolution of Disputes. To the extent permitted by law , should any dispute arise regarding the interpretation or implementation of this Agreement , the Site Plan , or in connection with any covenant , obligation or act to be performed under this Agreement. or should any continuing event of default exist , the parties agree that such disputes and /or continuing events of default shall be resolved in the following manner : 9.14 .1 EEF and the Master Developer shall continue in good faith to attempt to resolve such dispute or cure such continuing event of default for a period of not less :a ~:CLIEHT\RE\ENQ LEWDI M·W'\MASTOE V\Dlv·II' ¥11 .wpd 25 ' • I I • 0 . ]- • • • .. • •• .. ... .. than fifteen (15) days following the identification by either party and written notice to the other party of the existence of a dispute or a continuing event of default. 9.14.2 In the event such dispute is not resolved or such continuing event of default is not cured within the fifteen (15) day period set forth above, EEF and the Master Developer shall resolve the dispute in an Arapahoe County Court of competent jurisdiction. ... . ( I ) I . 0 32X - • • .. • ... .. _ ...... • •• .. IN WITNESS WHEREOF, EEF and the Master Developer have caused this Agreement to be duly executed as of the day first above written . ATIEST: EEF : Englewood Environmental, Inc., a Colorado corporation By : __________ _ President MASTER DEVELOPER : Miller Weingarten Real ty , LLC , a Colorado limited liability company By :----------- Stewart A . Miller . Manager/Member By : Weingarten/Colorado, Inc .. a Texas corporation, Manager/Member By:----------- .. . ' ... • I I . 0 32X ,J- Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E ExhibitF ExhibitG ExhibitH Exhibit I ExhibitJ Exhibit K Exhibit L ExhibitM ExhibitN ExhibitO .. " • • •• EXHIBITS Legal for all of the Property Master Site Plan ' .. ... RTD Inter-governmental Agreement, together with the First Amendment Schedule of Performance Site Delivery Plan Design drawings Specifications Construction Drawings Interim Schedule of Values/Final Schedule of Values (to be substiMed per Section 3 .4) Assignment of Architect's Contract and Plans , Assignment of Contractor's Contract Assignment of Engineers Contact Assumption Agreement (RID) Guaranty of Completion Mutual Release " .,, . ' I . 0 3 xi - • • .. ,,. .. • • -' EXHIBIT I ASSIGNMENT OF ARCHITECT'S AGREEMENT (David Owen Tryba Architects) ,, .... THIS ASSIGNMENT OF ARCHITECT'S AGREEMENT made as of the 3rd day of August, 1999, by Miller Weinganen Realty, LLC, a Colorado limited liability company (hereinafter called "Assignor") to the Englewood Environmental Foundation, Inc .. a Colorado not-for-profit corporation (hereinafter called "Assignee"), W IINf S.Sf IH: Assignor, for a valuable consideration paid by Assignee, the receipt and sufficiency of which are hereby acknowledged , does hereby absolutely and unconditionally Assign. Transfer and Set Over to Assignee all right , title and interest of Assignor in. to and under an agreement (" Agreement.,) dated February 26 , 1999 between Assignor and Da vid Owen Tryba Architects (the "Architect ") to provide plans and specifications (any plans and specifications prepared by Architect under the Agreement are herein :eferred to as the "Plans '') and to provide professional architectural design services ("Services ., for the master development site to be known as the Englewood City Center (the -Improvements-) to be developed on a parcel of land containing approximately fifty (50) acres (the "Land.,) bounded on the west by Santa Fe Drive, on the south by Hampden Avenue , on the nonh by Elati, and on the Nonh by Floyd and a portion by Dartmouth Avenues, in the City of Englewood , Colorado, (the Land and the Improvements hereinafter collectively called the "Subject Propeny"). This Assignment is made by Assignor pursuant to Section 3 .8 of the Master Development Agreement executed simultaneously herewith by Assignor and Assignee. subject, however, to the terms , provisions and conditions herein set forth . All terms capitalized terms not specifically defined herein shall have the meaning as set forth in the Master Development Agreement . 1. Assignor hereby represents and warrants to Assignee that : (a) the Agreement is the only contract between Assignor and the Architect relating to the construction of the Improvements; (b) there are no amendments. exhibits or addenda to the Agreement or the Plans; (c) Assignor is the sole owner of the entire right, title and interest of developer in. to and under the Agreement, has the full and complete right to use the Plans and has good title to and good right to assign the Agreement and the Plans to Assignee and no other person or entity has any right, title or interest in the Agreement and the Plans except for the Architect; (d) the Agreement is in full force and effect and there has been no default H DOCS\C LIE NT\RE\ENGLEW0\.'4-~'\\tASTOE V\ASSI Ci ~ ARC t!Nn 1,i 1 ~,:1,49) • ., I . 0 .] • • ... ~ -· • 1• •,I .. • -' ... ~ by Assignor or the Architect thereunder and no event has occurred which with the passage of time or the giving of notice, or both, would constitute such a default ; (e) Assignor has not executed any prior assignments of. or in any way transferred or encumbered or created or permitted any lien upon or charge against, the Agreement or the Plans: (f) Assignor has performed no act or executed any other instrument which might prevent Assignee from enjoying and exercising any of its rights and privileges evidenced hereby . 2. Assignor hereby covenants and agrees with Assignee that. so long as the Master Development Agreement remains in full force and effect, (a) Assignor shall faithfully perform each and every one of its duties and obligations under the Agreement and observe , satisfy and comply with each and eve ry term. covenant. condit ion. agreement, requirement, restriction and provis ion of the Agreement to be performed by Assignor ; (b) Assignor shall enforce the performance of each and every term. covenant. condition , agreement. requirement. restriction and prov isio n of the Agreemt!nt co be performed by the Architect and shall not waive, ex cuse . condone . disc ount. set off. compromise or in any manner release or discharge the Ar chitect under the Agreement fro m any of the foregoing: (c) Assignor shall not alter . mod ify or amend the Agreement o r the Plans , except by agreement in writing signed by Assign o r. Assignee and the A rc hitect : d ) Assignor shall not cancel or terminate the Agreement : (e l Assignor shall g iv e prompt notice to Assignee of any claim of or notice of default under the Agreement given to or by Assignor , together with a copy of any such noti ce o r claim if the same is in writing: (f Assignor will make no assignment. pledge or other disposition of the Agreement o r the Plans ; (g) Assignor shall at all times defend Assignee 's first and prior right in and co the Agreement or the Plans against any and all claims adverse to the claim of Ass ig nee: and (h ) Assignor shall appear in and defend any action arising o ut of. or in any manner connected with. the Plans or the Agreement or the duties. obligations . liabilit ies and responsibilities of Assignor or any guarantor or surety tht!reunder or w ith respect thereto and. upon request by Assignee , shall make appearance in the name and on behalf of Assignee , but at the expense of Assi_gnor. 3 . until an event of default by Assignor has occurred under the Master De ve lopment Agreement, or until occurrence of an event or circumstance which with the lapse of time or the giving of notice , or both , would constitute such an event of default. Assignor shall have a license , limited as provided here in . to exercise its rights under the Agreement and to use the Plans in accordance with the terms and conditions of this Assignment and the Master Development Agreement. Upon the occurrence of an event of default under the Master Development Agreement or the occurrence of an event or circumstance which with the lapse of time or the giving of notice. or both. would constitute such an event of default, Assignee shall have the right , power and privilege (but shall be -2- I· 0 ------------------------.--.....--------------~--------- • I I • • • I• •,, .. • - under no duty) to terminate the license granted to Assignor hereunder and thereupon Assignee shall have any and/or all of the following rights and remedies: (a) Assignee may exercise any and all rights and remedies and undertake any and all actions which would be available to Assignor under the Agreement and (b) Assignee may exercise any and all proprietary rights in and to the Plans and fully utilize the Plans for Assignee· s sole benefit. Assignor hereby specifically authorizes Assignee, and hereby irrevocably constitutes and appoints Assignee as Assignor's agent and attorney-in-fact, in Assignor's or Assignee's name, to do any of the foregoing, said power of attorney being coupled with an interest and not revocable by insolvency. bankruptcy, death, dissolution or otherwise. Upon tennination of said license, the Architect shall be, and is hereby, fully authorized and empowered to continue the work and duties contemplated by the Agreement under the sole direction of Assignee, to be bound and obligated under the Agreement to the same extent as Architect is bound and obligated to Assignor thereunder, and to permit Assignee co retain and use the Plans for any and all purposes as Assignee may deem appropriate . 4 . Assignee shall not be liable for any lo ss sustained by Assignor resulting fr o m Assignee· s exercise of rights under the Agreement or utilization of the Plans . or fr o m :m y other act or omission of Assignee under this Assignment unless such loss is caused by the gross negligence or willful misconduct of Assignee. nor shall Assignee be obligated to perform or discharge any obligation , duty or liability under the Agreement by reaso n of this instrument or the exercise of rights or remedies hereunder. Assignor shall and does hereby agree to indemnify Assignee for, and to hold Assignee harmless from. any and all liability, loss or damage incurred under the Agreement by reason of this instrument or the exercise of rights or remedies hereunder, and from any and all claims and demands whatsoever which may be asserted against Assignee by reason of any event or act o r failure to ace by Assignor occurring prior to Assignee's exercise of its rights under this Agreement. 5 . Nothing contained herein and no act done or omitted by Assignee pursuant to the powers and rights granted it hereunder shall be deemed to be a waiver by Assignee of its rights and remedies under the Master Development Agreement or a waiver or curing of any default hereunder or under the Master Development Agreement. and this Assignment is made and accepted without prejudice co any of the rights and remedies possessed by Assignee under the terms of the Master Development Agreement . 6 . The right of Assignee co enforce the Master Development Agreement and any other agreement executed in connection therewith may be exercised by Assignee either prior to, simultaneously with. or subsequent to any action taken by it hereunder. -3- I . 0 . ]- • ,. • . ' ,.. l ~· . .. 4, ..,"'. -~ • -.. .,, 7. A determination that any provision of this Assignment is unenforceable or invalid shall not affect the enforceability or validity of any other provision and any determination that the application of any provision of this Assignment to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances . 8. This Assignment and the terms, provisions, representations and warranties herein contained shall be binding upon Assignor, and Assignor's successors and assigns, and shall inure to the benefit of Assignee, its successors and assigns, All references in this Assignment to Assignor or Assignee shall be deemed to include all such heirs, devisees, representatives, successors and assigns of such respective party. 9. Within this Assignment, words of any gender-shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural and words in the plural number shall be held and construed to include the singular, unless the context otherwise requires . 10 . It is expressly agreed by the parties hereto that this Assignment shall not be construed or deemed made for the benefit of any third party or parties . 11 . This Assignment contains the entire agreement between the parties hereto concerning the assignment of the Agreement . No variations. modifications or changes herein or hereof shall be binding upon any party hereto, unless set forth in a document duly executed by or on behalf of such party . IN WITNESS WHEREOF , Assignor has executed this Assignment of Architect's Agreement as of the date first above wrinen . Miller Weingarten Realty, LLC , a Colorado limited liability company By:----------- Stewart A. Miller, Manager /Member By: Weingarten/Colorado, Inc ., a Texas corporation , Manager/Member By :--------- -4- , . .. \ ... .. ~ .. .. • I· 0 32X ·.] • • • • ,/' . • •,. • •• EXHIBIT K ASSIGNMENT OF CONSTRUCTION CONTRACT ' . THIS ASSIGNMENT OF CONSTRUCTION CONTRACT AGREEMENT made as of the 3rd day of August, 1999, by Miller Weinganen Realty , LLC , a Colorado limited liability company (hereinafter called • Assignor") to the Englewood Environmental Foundation, Inc ., a Colorado not-for-profit corporation (hereinafter called "Assignee"). W IINESSETH: Assignor, for a valuable consideration paid by Assignee, the receipt and sufficiency of which are hereby acknowledged , does hereby ab solutely and unconditionally Assign . Transfer and Set Over to Assignee all right. tit le and interest of Assigno r in. to and under an agreement (" Agreement") dated . 1999 bet\ve e n Assigno r and Saunders Construction. Inc. (hereinafter called the "Contrac to r"). together with any and all renewals , extensions and modifications thereof and a ll amendments. exhibits and addenda thereto (all of the foregoing hereinafter collectively called the "C o nstruction Contract") relating to the construction of certain improvements described in the Agreement (hereinafter called the "Improvements") to be developed on a parcel of land containing approximately fifty (50) acres (the ~Land") bounded on the west by Santa Fe Driv e. on the south by Hampden Avenue , on the north by Elati , and on the Nonh by Floyd and a ponion by Danmouth Avenues , in the Cicy of Englewood, Colorado. (the Land and the Impro vements hereinafter collectively called the "Subject Property ").: subject however. to a license hereby granted by Assignee to Assignor to exercise its rights under the Construction Contract. which license is limited as hereinafter provided . This Assignment is made by Assignor pursuant to Section 3 .8 of the M aster Development Agreement executed simultaneously herewith by Assignor and As signee . subject . however , to the terms, provisions and conditions herein set forth . All terms capitalized terms not specifically defined herein shall ha ve the meaning as set forth in the Master Development Agreement. w I IN.ES S .EI H: Assignor , for a valuable consideration paid by Assignee , the receipt and sufficiency of which are hereby acknowledged, does hereby absolutely and unconditionally Assign. Transfer and Set Over to Assignee all right, title and interest of Assignor in, to and under the Construction Contract by and between Assignor and Saunders Construction, Inc . • l ) I . 0 • • .. • ,-. • ... • -' l. Assignor hereby represents and warrants to Assignee that: (a) the Construction Contract is the only contract between Assignor and the Contractor relating to the construction of the Improvements; (b) there are no amendments. exhibits or addenda to the Construction Contract; (c) Assignor is the sole owner of the entire right , title and interest of Owner in, to and under the Construction Contract , has good title to and good right to assign the Construction Contract to Assignee and no other person or entity has any right , title or interest in the Construction Contract except for the Contractor: (d) the Construction Contract is in full force and effect and there has been no default by Assignor or the Contractor thereunder and no event has occurred which with the passage of time or the giving of notice , or both. would constitute such a default ; (e) Assignor has not executed any prior assignments of, or in any way transferred or encumbered or created or permitted any lien upon or charge against. the Construction Contract; (t) Ass ignor has perfonned no act or executed any other instrument which might pre vent Assignee from enjoying and exercising any of its rights and privileges evi denced hereb y . 2 . Assignor hereb y covenants and agrees with Assignee that. (a ) Assignor shall faithfully perform each and every one of its dut ies and obligat io ns under the Cons tructi o n Contract and observe, satisfy and comply with each and every term. covenant. condition. agreement , requirement , restriction and provi sio n of the Construction Contract to be perfonned by Assignor ; (b) Assignor shall enforce the performance of each and every term . covenant , condition, agreement , requirement. restr ictio n and pro visio n of the Construction Contract to be performed by the Contractor and shall not waive. excuse. condone , discount. set off, compromise or in an y manner relea se or discharge the Contractor under the Construction Contract from any of the foregoi ng : (c) Assignor sha ll not alter, modify or amend the Construction Contrac t in :my material way. except by agreement in writing signed by Assignor. Assignee and the Contractor; (d) Assignor shall not cancel or terminate the Construction Contract : (e ) Assignor shall give promp t not ic e to Assignee of any claim of or notice of default under the Const ruction Contract given to or by Assignor, together with a copy of any such notice or claim if the same is in writing ; (t) Assignor will make no assignment, pledge or other disposition of the Construction Contract ; (g) Assignor will not subordinate the Construction Contract to any deed of trust or mortgage or any other encumbrance of any kind or permit. consent or agree to such subordination; (h) Assignor shall at all times defend Assignee 's first and prior right in and to the Construction Contract against any and all claims adverse to the claim of Assignee ; and (i) Assignor shall appear in and defend any action arising out of, or in any manner connected with . the Construction Contract or the duties. obligations. liabilities and responsibilities of Assignor or any guarantor or surety thereunder or with respect thereto and, upon request by Assignee, shall make appearance in the name and on behalf of Assignee, but at the expense of Assignor . -2- .. I· 0 - , • • (_ . .. ,..-. • , . • • 3 . Until an event of default shall have occurred under the Master Development Agreement, or until occurrence of an event or circumstance which with the lapse of time or the giving of notice , or both, would constitute such an event of default , Assignor shall be entitled under the license hereby granted , but limited as provided herein, co exercise its rights under the Construction Contract in accordance with the terms and conditions of this Assignment and the Loan Agreement . Upon the occurrence of an event of default under the Master Development Agreement or the occurrence of an event or circumstance which with the lapse of time or the giving of notice , or both. would constitute such an event of default , Assignee shall have the right, power a:.d privilege (but shall be under no duty ) co terminate the license granted co Assignor hereunder and thereupon Assignee may exercise any and all rights and remedies and undertake any and all actions which would be available to Assignor under the Construction Contract. Assignor hereb y spe cificall y authorizes Assignee , and hereby irrevocably constitutes and appoints Assignee as Assigno r· s agent and attorney-in-fact. in Assignor"s or Assignee's name , co do an y of the fo reg o in g. said power of attorney being coupled with an inte rest and not re vocabl e by in so lvency. bankruptcy , death. dissolution or otherwise . Upon terminat ion o f sai d lic ense . the Contractor shall be. and is hereb y, full y author ized and empowered to co nt inue the wo rk and duties contemplated by the Construction Contract under the sole directi o n o f Ass ignee . to be bound and obligated under the Constructio n Contract to the same extent as Co ntractor is bound and obligated to Assignor thereunder . 4 . Assignee shall not be liable for an y loss susta ined by As sign or resulting fr om Assignee 's exercise of rights under the Construction Contrac t. or fr om an y other act o r omission of Assignee under this Assignment unless such loss is caused by the g ross negligence or willful misc onduct of Assignee , no r shall Assignee be o bliga ted co per fo nn or discharge an y obligat ion , duty or liability under the Construction Contra ct by rea so n of this instrument or the exercise of rights or remedies hereunder . Assign o r shall and does hereby agree to indemnify Assignee for , and co hold Assignee harmles s from . an y and all liability , loss or damage incurred under the Construction Contract by rea so n of th is instrument or the exercise of rights or remedies hereunder , and from any and all claims and demands whatsoe ver which ma y be asserted against Assignee by rea son o f an y alleged obligations or undertakings on its part co perform or discharge any of the term s, cov enants or agreements contained in the Construction Contract. The indemnit ies contained in this paragraph shall include liability. loss or damage resulting from the negligence of Assignee but not the gross negligence or willful misconduct of Assignee . This Assignment shall not operate to place responsibility upon Assignee for the construction of the Improvements or in any way for the Subject Property, nor for the carrying out of an y of the terms and conditions of the Construction Contract. ·3- .. ... . ' I I . 0 - • • .. • j • ._. ... • ... - ... 5. Nothing contained herein and no act done or omitted by Assignee pursuant to the powers and rights granted it hereunder shall be deemed to be a waiver by Assignee of its rights and remedies under the Master Development Agreement or a waiver or curing of any default hereunder or under the Master Development Agreement, and this Assignment is made and accepted without prejudice to any of the rights and remedies possessed by Assignee under the terms of the Master Development Agreement. 6. The right of Assignee to enforce the Master Development Agreement and any other agreement executed in connection therewith may be exercised by Assignee either prior to, simultaneously with, or subsequent to any action taken by it hereunder . 7 . A determination that any provision of this Assignment is unenforceable or invalid shall not affect the enforceability or validity of any other provision and any determination that the application of any provision of this Assignment to any person or circumstance is illegal or unenforceable shall not affect the enforceabili ty or validity of such provision as it may apply to any other persons or circumstances . 8. This Assignment and the tenns , prov1s1ons , representations and warrant ies herein contained shall be binding upon Assignor, and Assignor 's uc cesso rs and assigns , and shall inure to the benefit of Assignee. its successors and assigns. All references in this Assignment to Assignor or Assignee shall be deemed to include all such he irs. devisees. representatives. successors and assigns of such respecti ve party . 9 . Within this Assignment , words of any gender shall be held and construed to include any other gender. and words in the singular number shall be held and construed to include the plural and words in the plural number shall be held and construed to include the singular, unless the context Olherwise requires . 10 . It is expressly agreed by the parties hereto that this Assignment shall no t be construed or deemed made for the benefit of any third party or parties . 11 . This Assignment contains the entire agreement between the parties hereto concerning the assignment of the Agreement. No variations. modifications or changes herein or hereof shall be binding upon any party hereto, unless set forth in a document duly executed by or on behalf of such party. -4- • ' ) I . 0 - • • • .. • .. • · .. •• IN WITNESS WHEREOF, Assignor bas executed this Assignment of Construction · Contract as of the date first above written. Miller Weingarten Realty, LLC, a Colorado limited liability company By: _________ _ Stewart A. Miller, Manager/Member By: Weingarten/Colorado, Inc .. a Texas corporation . Manager/Member By :--------- -5- , . '· .. • I . 0 32X • • -. .. • • -.. EXHIBIT N GUARANTY OF COMPLETION .. This Guaranty is entered into as of the 3rd day of August, 1999, by WEINGARTEN REAL TY INVESTORS, a Texas Real Estate Investment Trust. (hereinafter referred to as the "Guarantor") for the benefit of the ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC ., a Colordo not-for-profit corporation (hereinafter referred to as "EEF"). RECITALS A . Simultaneous ly herewith. Mill er Weingarten Realty. LLC . a C o lorad o limited liability company (hereinafter referred to as -M-W-). and EEF ha ve entered into a Master Development Agreement relating to the rede elopment of the fo nner s hopp ing center located in Englewood . C olo r:id o previo usly known as Cinderella City. which redevelopment is now known as Englewood City Center. B . As an inducemenc to EEF to enter imo the ~laster De velopment Agreement. Guarantor has agreed to absolutel y and unconditionally guarantee the completion of co nstructi on of the on-site and off-site improvements (co lle ctive ly. the ·Improvements·) in ac co rdance with the Master Development Agreement . AGREEMENT For a valuable consideration. receipt of which is hereby acknowledged . Guarantor , absolutely . unconditionally and irrevocably guarantees and agrees (a) to complete the Improvements lien free as provided in the Master Development Agreement and to perfonn fully and promptly when due all of the co venants , agreements and other obligations undertaken by M-W in the Master Development Agreement and an y assignment, release or other agreement executed pursuant to the provisions of the Master Development Agreement (the completion of the Improvements lien free and perfomance by M-W of the covenants , agreements and other obligations under the Master Development Agreement are hereinafter called the "Obligations''); and (b ) to pay any and all costs , anorneys' fees and expenses incurred or expended by EEF due to any default by M-W in the performance of the Obligations or in enforcing any right granted to EEF hereunder or under the Master Development Agreement . EEF shall be under no obligation to notify Guarantor of its acceptance hereof or any default by M-W in the performance of any of the Obligations , or to use diligence in preserving the liability of any person on the Indebtedness or the Obligations or in bringing suit to enforce performance of the Obligations. Guarantor waives all defenses · . • I . 0 •• • -• .. • ,,---· • I• ... • -' given to sureties or guarantors at law or in equity other than the actual performance of the Obligations and all defenses based upon questions as to the validity, legality or enforceability of the Obligations and agrees that Guarantor shall be primarily liable hereunder. EEF, without authorization from or notice to Guarantor and without impairing, modifying, changing, releasing, limiting or affecting the liability of Guarantor hereunder, may from time to time at its discretion and with or without valuable consideration, take and surrender security, exchange security by way of substitution. or in any way it deems necessary take, accept , withdraw, subordinate, alter. amend , modify or eliminate security, add or release or discharge endorsers , guarantors , or other obligors , make changes of any sort whatever in the Obligations or in the manner of doing business with M-W, or settle or compromise with M-W or any other person or persons liable o n the Obligations on such terms as it may see fit. and may apply all moneys recei ved from the M-W or others. or from any security held whether held under a security instrument or not), in such manner as it may determine to be in its best interest. with out in any way being required to marshal securities o r assets or to :ipply all o r any part of such moneys upon any particular portion of the Obligaitons . It is specifically agreed that EEF is no t required to retain. hold, protect. exercise due care with respect thereto. per fect secu r ity interests in or otherwise assure or safeguard any security for the Obligations : no failure by EEF to do any of the foregoing and no exercise or nonexercise by EEF of any other right or remedy of EEF shall in any way affect any of Guarantor's obligations hereunder or give Guarantor any recourse against EEF . The liability of Guarantor hereunder shall not be modified , changed. released, limited or impaired in any manner whatsoever on account of any or all of the following : (a) the disability. dissolution or terminat ion of M-W or any other person or entity; (b ) the failure by EEF to file or enforce a claim ag:iinst the estate (either in administration, bankruptcy or other proceeding) of M-W or any other person or entity: (c) recovery from M-W or any other person or entity becomes barred by any starute of limitations or is otherwise prevented ; (d ) any defenses , set-offs or counterclaims which may be available to M-W or any ocher person or entity: (e) any release of M-W or any other person (other than Guarantor) primarily or secondarily liable for the performance of the Obligations or any part thereof; (f) any failure of EEF to give any notice to Guarantor of any default by M-W under the Master Development Agreement; or (g) any impairment , modification, change, release or limitation of the liability of, or stay of actions or lien enforcement proceedings against. M-W , its property. or its estate in bankruptcy resulting from the operation of any present or future provision of the Federal Bankruptcy Code (hereinafter called the "Bankruptcy Code") or other similar federal or state statute, or from the decision of any court . • . .. I . 0 • .. ,. ,,..-·· • l • •' .. • • '1, • •• EEF shall not be required to pursue any other remedies before invoking the benefits of the guaranties contained herein, and specifically it shall not be required to make demand upon or institute suit or otherwise pursue its remedies against M-W or any surety other than Guarantor or to proceed against any security now or hereafter existing for the payment of any of the Indebtedness. EEF may maintain an action on this Guaranty without joining M-W therein and without bringing a separate action against M-W . If for any reason whatsoever (including but not limited to ultra vires , lack of authority, illegality , act of God or impossibility) the Obligations cannot be enforced against M-W, such unenforceability shall in no manner affect the liability of Guarantor hereunder and Guarantor shall be liable hereunder notwithstanding that M-W may not be liable for such Obligations and to the same extent as Guarantor would have been liable if such Obligations had been enforceable against M-W . Guarantor absolutely and unconditionally covenants and agrees that in the event that M-W does not or is unable to perform the Obligations for any reason. including. without limitation, liquidation. dissolution. receivership. conserva tors hip. in so lvency. bankruptcy, assignment for the benefit of '.\I-W 's creditors, sale of all or substantially all assets, reorganization, arrangement , composition , or readjustment of, or other similar proceedings affecting the status, composition, identity. existence . assets or obligat io ns of M-W, or the disaffirmance or termination of any of the Obligations in or as a result of any such proceeding , Guarantor shall perform the Obligations and no such occurrence shall in any way affect Guarantor's obligations hereunder . Should the status of M-W change. this Guaranty shall continue and also cover the Obligations of M-W under the new status according to the terms hereof. In the event any payment by M-W to EEF is held to constitute a preference under the bankruptcy laws , or if for any ocher reason EEF is required to refund such payment or pay the amount thereof to any other party , such payment by M-W to EEF shall not constitute a release of Guarantor from any liability hereunder, but Guarantor agrees to pay such amount to EEF upon demand and this Guaranty shall continue to be effective or shall be reinstated , as the case may be , to the extent of any such payment or payments . Guarantor agrees that it shall not have (a) any defense arising out of the absence , impairment or loss of any right of reimbursement or subrogation or other right or remedy of Guarantor against M-W or against any security resulting from the exercise or election of any remedies by EEF, or any defense arising by reason of any disability or other defense of M-W or by reason of the cessation, from any cause, of the liability of M- W . '• I • 0 l •( • -. • • .,.... . • ; . ... .. • -.. Guarantor hereby represents, warrants and covenants to and with EEF as follows: (a) the execution, delivery and perfonnance of this Guaranty do not contravene , result in the breach of or constitute a default under any mortgage, deed of trust, lease, promissory note, loan agreement or other contract or agreement to which Guarantor is a party or by which Guarantor or any of its properties may be bound or affected and do not violate or contravene any law, order, decree, rule or regulation to which Guarantor is subject; (b) there are no judicial or administrative actions, suits or proceedings pending or. to the best of Guarantor's knowledge, threatened against or affecting Guarantor or involving the validity , enforceability or priority of this Guaranty; A.\/D ( c) this Guaranty constitutes the legal, valid and binding obligation of Guarantor enforceable in accordance with its terms . The rights of EEF are cumulative and shall not be exhausted by its exercise of any of its rights hereunder or otherwise against Guarantor or by an y number of successive actions until and unless all Obligations have been perfonned and each of the obligations of Guarantor hereunder has been perfonned . The existence of this Guaranty shall not in any way diminish or discharge the rights of EEF under any prior or futur e guaranty agreement executed by Guarantor. Any notice or communication required or permitted hereunder shall be given in writing, sent by (a) personal delivery , or (b) expedited delivery service with proof of delivery, or (c) United States mail. postage prepaid, registered or certified mail , or (d) prepaid telegram, telex or telecopy. sent to the intended addressee at the address shown below, or to such other address or to the attention of such other person as hereafter shall be designated in writing by the applicable party sent in accordance herewith . An y such notice or communication shall be deemed to have been given and received either at the time of personal delivery or , in the case of de liv ery service or mail , as of the date of first attempted delivery at the address and in the manner provided herein. or in the case of telegram, telex or telecopy . upon receipc. This Guaranty Agreement and the rights and obligations of the partie s hereunder and thereunder shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of Colorado (without giving effect to Colorado's principles of conflicts of law ). Guarantor hereby irrevocably submits to the non-exclusive jurisdiction of any Colorado court or federal court sitting in Colorado over any suit, action or proceeding arising our of or relating to this Guaranty Agreement, and Guarantor hereby agree and consent that , in addition to any methods of service of process provided for under applicable law, all service of process in any such suit , action or proceeding in any Colorado court or Federal court sitting in Colorado may be made by certified or registered mail, return receipt requested, directed to Guarantor at the address of Guarantor for the H 1DQCS\Ct.l£Sl\llE'.E NGLfWOl..\t.W\.\tAST0EV\Cumptty ...0 1 wpd fhmmJ 71:l/99) .4 ... ' ~ . ' ' ' . I . 0 1.J -· • • • .. • . ... • •• .. ' . giving of notices hereunder. and service so made shall be complete five (5) days after the same shall have been so mailed . This Guaranty may only be modified, waived, altered or amended by a written instrument or instruments executed by the party against which enforcement of said action is asserted . Any alleged modification, waiver, alteration or amendment which is not so documented shall not be effective as to any party. The terms, provisions , covenants and conditions hereof shall be binding upon Guarantor and the heirs, devisees, representatives, successors and assigns of Guarantor and shall inure to the benefit of EEF and its successors and assigns . Within this Guaranty. words of any gender shall be held and construed to include any other gender and words in the singular number shall be held and construed to include the plural. unless the context otherwise requires . A determination that any provision of this Guaranty is unenforceable or invalid shall not affect the enforceability or validity of an y ocher pro visi on and any determination that the application of any provision of this Guaranty to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances . IN WITNESS whereof the Guarantor has executed this Guaranty the da y and year firs above written . The address of Guarantor is: The address of EEFis: 3400 So . Elati Street Englewood, CO 8011_0 Attention: President WEI~GARTE'.'I REAL TY fl'jv'ESTORS. a Texas real estate in vestment trust By: ____________ _ • ..: 0 I . 0 .J- - • • • STATE OF TEXAS COUNTY OF---- ) ) ss. ) .. --• • • •• .. The foregoing instrument was acknowledged before me this day of June, 1999, by , as of Weingarten Realty Investment, a Texas real estate investment trust. WITNESS my band and official seal. My commission expires: Notary Public •' -. . 0 I· 0 32 . J • • t • ·•' ·, .. ~ --• • -' EXHIBITO MUTUAL RELEASE .. This Mutual Release is executed as of the 3rd day of August, 1999 by and among Miller Weinganen Realty , LLC , a Colorado limited liabilicy company ("M-W"), the Englewood Environmental Foundation, a Colorado non-profit corporation ("EEF") and the City of Englewood, Colorado, a home rule municipal corporation ("City") (EEF and the City are sometimes hereinafter referred to collectively as "Englewood"). ARTICLE I RECITALS 1.1 The City determined that it was desirable to rede velop that certai n property formerly known as Cinderella City and located within the city (the -Property-). 1.2 The City selected Miller-Kitchell as the de veloper ro rede velop the Property as a retail center. Miller-Kitchell subsequently assigned any interest it had in the redevelopment project to M-W. 1.3 The City subsequently determined to redevelop the Property as a transit oriented development, which would include a portion of the Property being redeveloped for retail use . The City continued to work with M-W as the retail de veloper and as a Master De velo per. 1.4 The City subsequently transferred the Property to EEF , and EEF has continued to pursue the redevelopment project. 1.5 EEF and M-W desire to enter into a Master Development Agreement. and contemplate that they will subsequently enter into an agreement to lease and develop the retail portion of the Property . As an inducement for the parties to enter into the Master Develop- ment Agreement. the parties ·have requested each other to enter into this Mutual Release. releasing any and all claims any party may have against the other relating to the redevelopment project and arising prior to the date hereof . NOW, THEREFORE , in consideration of the mutual covenants contained herein and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows : ARTICLE II MUTUAL RELEASES • . ., ,. .. 0 I· 0 - • • .. --• 1• •,1 .. ,. .... ' • .. .... 2 .1 M-W hereby releases Englewood, its officers , directors, agents , representatives and employees of and from all claims, demands, causes of action, damages , liability , or obligations of any nature wbarsoever , whether or not accrued , contingent or known, arising on or prior to the date of this Mutual Release and relating to the redevelopment of the Property . 2 .2 Englewood hereby releases M-W , its partners. officers , agents, representatives and employees of and from all claims, demands, causes of action, damages. liability , or obligations of any nature whatsoever, whether or not accrued, contingent or known, arising on or prior to the date of this Mutual Release and relating to the redevelopment of the Property . 2 .3 Nothing herein shall relieve either M • W or Englewood of any liability or obligation to be perfonned subsequent to the date of this Murual Release as set forth in the Master Development Agreement, or any other agreement subsequently entered into by the parties . 2 .4 This Mutual Release may be executed in counterparts and . when one or more counterparts have been signed by each party , shall constitute an agreement binding upon all panics. 2 .5 Facsimile signatures by any party shall be deemed to be and have the same effect as original signatures by such party . and shall be effecti ve for all purposes . 2 .6 This Agreement shall be construed in ac cordance with the laws of the State of Colorado . IN WITNESS WHEREOF, this Mutual Release has been duly executed and deli vered by each of the parties as of the date first above wriCten . MILLER WEINGARTEN REAL TY . LLC , a Colorado limited liability company By : Name :------------ Its : 2 ENGLEWOOD ENVIRONMHI/T AL FOUN- DATION, a Colorado non-profit corporation By: Name :------------ Its : CITY OF ENGLEWOOD . COLORADO. a home rule municipal corporation By : Name:------------ Its : .. .. .,, '' I· 0 32X • • 1. 2. 3 . 4 . 5 . 6 . ,. ,.,-. • I> .. .. • -' THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 2, 1999 Call to order . f/ :J;::;;~ Invocation . ~ 7:30 P .M. " Pledge of Allegiance. ~ AoHCall. '?~/-<~(_~/~ Minutes . a . Minutes from the Regular City Council meeting of July 19 . 1999 . ~ Scheduled Visitors . (Please limit your presentation to ten minutes .) \C a. Englewood Parade Association Chair Colleen Burk)';~~dd~~ __,K(~ Council regarding funding for the 1999 Englewood Holiday Parade . -df ~ 7 . tt edW~ra:~:INom;o,rt~'l~~~ 8. C~munication , Proclamations, and A~pointments . ~3 J ~ ~~ /JIIDA ~~-Proclamation proclaigiln_g _Tu1sday,_!,ugust 3 , 1999 as National Night Out in the ""ti~ tT" City of Englewood . ff~ ~ J~'() Resolution -otiog C ristoph" Aarn,iek to •j• Eoglewood Pubt;, Ub,a,y Boa,d . ~ 9. Public Hff None scheduled) - ._ . '»fl'OL11~g_~~j ~ PINN note: If you have a dlaablllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you • •, I· 0 - • • .. ~ ,.. . • • -' Englewood City Councll Agenda August 2, 1999 Page2 10. Consent Agenda. a. C . Approval~rdinances on First Reading . Approval of Ordinances on Second Reading . ~ i. Council Bill No . 24 , amending sections of the Englewood Municipal Code pertaining to graffiti. ii. Council Bill No . 43, amending the Englewood Municipal Code pertaining to High Occupancy Vehicle (HOV) Lanes Violations. Resolutions and Motions . ~ i. Recommendation from the Office of Neighborhood and Business Development to approve, by motion, a contract for Professional Services regarding Inter-Modal Plann ing for Urban Centers Grant from the Governor's Office of Energy Conservation . STAFF SOURCE: Lauri Dannemiller, Planning Analyst. 11 . Regular Agenda . .,,· // V f a. Approval of Ordinances on First Reading . i. Council Bill No . 47-Recommendation from the Department of Public W~~~:..L , . Airn.J~,,.,o and the Englewood Environmental Foundation . Inc . to adopt a bill for an /f:P!IC.{ V r, <r5J-ordinance approving the vacation of the Little Dry Creek easement at th , CityCenter Development. STAFF SOURCE: Rick Kahm, Engln~!lng Manager/Director, Englewood Environ~on. ldJ,(){ Approvayrdinances on Second Reading . Resolutions and Motions . b . C. /1t~~~ II . Recommendation from the Englewood Environmental Foundation to adopt a resolution.approving the final plat of the C ityCenter Englewood Subdivision ... STAFFSOURCE:HaroldJ.S~anner. Y-~ Recommendation from the Englewood Environmental Foundation to adopt a k1~2J ~ resolution supporting the Master Development Agreement for CityCenter Englewood. STAFF SOURCE: Bob Simpson, Board Member, Englewood Envl ntal Foundation and Director of Neighborhood and Business : /~)1/, nt.~ Please note: If you have a disability and need auxlllary aids or services, please notify the City of Englewood (303· 762-2405) at least 48 hours In advance of when services are needed. Thank you • • • ' ... I • 0 - • • ~glewood City Council Agenda August 2, 1999 Page3 1,. ;!. General Discussion. a. Mayor's Choice. ... • .. • • .. b. eou,~Membe~ ~~~~~ City Manager's Report. a. CityCenter Englewood Update. 14. City Attorney's Report. Mallon to appoint Professor Mark Vogel as Special Counsel for taxation issues .~ PINN note: If you haw• dlublllty and nNd auxlllary •Id• or NrYlces, plNN notify Iha City ot Englewood (303·792·2405) et leut 41 hows In advance ot when MrvlCN are needed. Thank you. '> . ,. I· 0 ·• ,. . G 0 . - 0 • • s-o I . l -• $ Ir • • I , • -. ·• ,.. . - - -'7,1-) ~ fltwx--. -IWo/)~ IALlb ~)Al-i; -rLl -~ I/WlU.d£J AAv d-r-~ uniJ);id wW-ea;; ~ IJU__ 0 [,,_J;}J A~ 4 f-t.,7'.J.» ~ ~ ? ~ tu L ~ -~ ).J,t.tG ~ -l)!wJ--/r ru ~-1:J:vr ~ • , . I· ·• - 0 II . ·-------= . ....,._. _..;, l -. • ·-- ·• ,. G ' ' - 0 er,~ -~f,::elh--@~~~~M-fJ I trJ<; ()U7H tx-~r-1tc- . ~s--o ~rw ~w~~~A @) /If)~ • • I . • ·• - 0 ·1 • • I . l-:. (