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Home My WebLink About1999-12-06 (Regular) Meeting Agenda-.. ?. .:· "'- Declmber •. 1• ENGLEWOOD CITY COUNCIL Regular MNllng • • -.. .. .\ ' .. , .. 0 .. ,. . ' . .. . ' . - • • • • •• REGULAR CITY COUNCIL MEETING DECEMBER 6, 1999 ORDINANCES #r, ,6, ~ 7,/', f.,, ;', 75, 76, 77 , 78 RESOLUTIONS # >-81• ¥, ;e{ ¥, 105, 106, 107, 108 ' ' • • ., ,I .. .. 0 0 0 I . 0 • • .. ~ -1 • ,. . ... ·~ • -' ... ' ENGLEWOOD crrY COUNCU. ENGLEWOOD, AIIAPAIIOE COUNTY, COI.OllADO Deu 9'er 6, lffl I . Call• Ol*r Tm ........... afllle Eapewood City Council-c:alled to onlr:rby Mayor Bums al 7 :38 p.DL 2 . ll:011 1 3. ......,., .. ' Tm PWF af AlleliMCC -led by Mayor Bums. ,. ...Call Council Memben Gramlis. Gam:a. Bradshaw, Wolosyn, Yurdlick, Bumi Council Member Nabbolz s ....... (a) ... (b) COUNCU. MDD&R allADSIIAW MOVED, AND IT WAS SECONDED, TO Al'l'IIOVE 'IU MIN1JDS or 'ID llEGUIAll crrY COUNCU. MEETING OF NOVDIRll 15, lffl AND 'ID 5nCIAL crrY COUNCU. MErnNG OF NOVEMBER 22, .,,,. Aya: Nays: Alllml: 11le ---Cllried. 6 . Council Memben Gam:a, Bradsbaw, Wolosyn. Yurtbick, Gtazulis, Bumi None Council Member Nabbolz (a) ~ Galay IDd lier fellow ...... fnllll Flood Middle School did not appear . 7. Naa1ct1f I fVllieln • ' .. ' ... I· 0 - • • -• Englewood City Council Dec:anbcr 6, 1999 Page2 '• ~ ,,-. • • - • .l ,. ... ' (a) Cllris 01-. Director m Safdy Services pramted a position Slalement from the Metro Fil'CWOlb Eabcemem and F.duc:alion Coalition. He read, "1be priVIIC 111C of fin:worb by untrained, onliiay c:ili1.ms CXIIIDIIICI to be a lipific:ant in and criminal problem in the Stme of Colorado. causing hundreds m u,Juriea. millicm m clolllrs in property damage, and al leasl one n:cent child fatality . Because this-ad·-qiCIHt rm ii prilwily CODCellbllled 1111 or around the amual lndcpcndcncc Day, and tbis year die millcmita lloliday, die mpitude m the lmanl ii not as widely recognized, as it should be. W1-diinp IO wnmg with fimworb, Ibey go w:ry wrong, w:ry fast -far faster than any fire p1Ul&diuu proriliw c:aa ftllilbly .....,.._ Fimwalb an: a clwic ll1nlaM DUisancc and danger for cbilcRD. Why wwld ayone. mpeciaUy a ..-. who knows the facts about fireworks, want to take that cbanclc wllm Ibey c:aa -.;a,, a fmlM -11111 afc -holiday at readily available public displays. Most cities prollibit die -mall nre-b. C.cnaia types of "pcrmillible" fireworks, such as spartlers, snakes and foumainl, an: ........ willlill .....,._.. cioumiel. It sbould be noced that fiRcrackers, pop boltle nx:kcu, Roama c:adlca or adier fimlorb 11111 leaw the ground or make an explosive noise arc iUegal anywbcR iD c.olanldo . ·Paaiaillic:" fimlorb c:aa be'-' by children llllder the age of sixteen onl y Wider die dinlc:1 1t1p11rilioa m ae aduk. Aayone who UICI fireworks many type that contribute to the ipilioa or iplad ma in will 1-11 iD ILMft criminal clages sucb as arson. Local officials continue to experience • illKnaliDg leftl m c:on.,l•im relating to fireworts, a level of complaints that generall y OYaWbd-. jurilllic:licm • ebility 10 rapoad eppropriatdy . These complaints received in large numbers show that funub e-,e ii breakiDg don nommly cohesive neighborhoods. Law enforcement officials arc tbm foR:ed to deal with lerJC lltllllbcrs m neigbborhood altercations. These typCS of complaints generally overwbelm ajurildiclioa's ebility to respond appropriately. Unfortunately, the metro area population ii larply iporiag local 111d Slate fircworts lews. Then:fon:, metro atta police and fire clcpallmellll anliciP* tlliDg -raources to enforoe lbele laws, and will be conlacting Slate and local judicial offic::iall 10 tllCOtU8F a aroa,cr llllllle 1111 firewocb violations. It is the intent of metro area police and in ,.-:iel 10 CDCOUnF die local media to publici7.C the dengcn and lews surrounding the use of tin:,wrb." Mr. a.. aid lie IWOllld be-of the COlllacl people for the media 1111 this, and on the 15'*' of tbis moadl, a media e\'Clll will be beld dawn at die fire lrliniDg academy . There will be many agencies dlae, a lot of equipna,C, ml dcmollllnmoas blowiag.., a lot of firewocb to show wbal the results of that cu be. He aid lie met today with Juqe Almcio, and Ibey arc expecting a heavy case load in the coon. MOIi of diem will come acrca the violationl clelk, be adviled, and a few will be clirerud right into coon. We arc allO suuag fOSdber a lalk foroe. cx,mprilCJd mat lcalt two to tine police officers and at least two 6rdlal*n, who will be acln'ely out 1111 the night mthe 31• and OIi the 1•. enforcing fircworts complaints. Mr. Clla. llid ~and••-IWOllld be iauCJd, and a lot of them have a fine inwlwd, all the way .., to S500 and six 111D111bs in jail. He llid Safdy Semces would be very active with that, and he ..... to let ew:ry-know that Ibey would be out there. They wanl to let the public know to be prepared . .-ew:rydiillg ii illepl in Englewood. Fircworb will be confilcated. and will not be returned, they will be delboyod or'-' • evidence • .-ry. He llid this -just to let c.ouncil know that they will be doing this for the millennium lloliday, wbm a lot m e-,e is anticipated, and lben there will be a big push next Fowth m July. We have to let people know, from a edtllCational llandpoint, be said, the dangers and expcme flftmwolb. ml lhat 'WC ll'C going to be aerious ebout it bcR in Eaglewood. IO be prepared for that. be adYiled. Mayor Burm llid Director OID! and two Olbcr cbid's pve this prcaealatioa to the Meuv Mayors' Caucus at die i. ......_ It ii a very aerious isme, be recopiz.ccl. commenting 1hat Ibey believe the millennium may be ftw timel a onlumy Fowth m July . It ii the kind mthing that bas DOI been IIJictJy enforced in the .... be aid. bul it ii a very~ situetioa, and could be explosive 1111 this holiday. The chiefs arc -, IClioul ebout dlil, and all die juriadiclioas will be trying to enforce lbele laws . (b) Gery F-, OMICl'm Alpl!aPawn, 4155 South Broadway, llidbe-a liaJe eamnaaed becaus Direcw OID! -preaeal, and be walllCld to apeak ebout his depanmenL As you all know, lie aid. dlcR was a llarriblc. llontie tnpdy that oa:urred ebout the end m October on Broadway. He aid lie MIUld rally like to jellt IIY that Din,ctor OID! •• CSR dqaitmem should be IO highly OIIIIIIDfflded E~ lllcy did was.., f s'oaal. above bolnl, cxxmdenle, llld their follow-up was .. .. I· 0 ( _ . --. 11 Jlli?f 1i'lj:ll 1l!flf ~ ff ~f!IJfil -,111,i•~l~!~,,,·i Ii, !~,r ~ ·I ·11 ' ,f 11 1 a: J! ~! t · 1 ;! 1Jlfiifi,lifHJlf !lpi [r rl 1lf!Ht i ti , ; !1 i,i,ti1;111~111i,1 1 ,1 I it 1,i,,1111 • j~ ~ ! 1'1· flrtlr1Jiflii•J~i1(!t lf filrwJlll I f i n -r a al -i11·!t i -' ~r !w,iw' . . i(l·f Iii [sl s· 1;1 ·i I I~, I 11·· t t ~ f t1 ,jii1~11~if.(ff'~Jil!! 111!11~1?! i l i t I s· 1" a ii il.s ' ~ : -: a. t i l S: I Ir r t • l i • l • > ~ • f j · I ~1 t, i j l · ! . j f j f § . ir 1, · [ I I i f ~!J]it!1ll111ll~1lf:I~ ! l!1Iil•,irl i i ~ ~ l fl~ 'i•ifi~~l•1=1~i~f ; rt111 Ii' • ! 1 1 : i1!1ti~1•i'i1l!rl1:f1. I i;1i(i;I I 5 5 ~ f~ JsJJ ff l ~ i~[f § a tR~f= ti P; r: s:· ::i P. s· R · R Iii O i i .,,· ::i Co 2, :, :r !ll-.n • • 0 w lJf OI --a !i ; I . l g. - I • :... ,' • , , - • • -. Eaglewood City Council December 6, 1999 ..... • • - .. Alldy J. Davis, a kiadaplW al Bilbap Elemmlary, wboae piece "Me and My Daddy at Sea World" appears in .June; Laural Frodlle, a 3"' grader al AU Souls, wllolC "The Rain Fonaa" appears in July ; 1-Lyon.• 11• pads• Colcndo'1 Fineat AltcrDllivc High School, whoae MSea World" appears in Allpll; KriD Amaluzio, a 6* grader• All Souls, wllolC an1ll'Ult "The Sea Shon:" adorns the month of 5t.1*111l!e,, .Jeall Alltoaio Valdez. a 'r pads al Clayton Elemcnlary, wboae "Lion" appears in November: Glbrielle DeBoer, a lo* pads al"-Academy, wboae anwort "The Big One" appears in December. The folJowiDg lludc:nll wa-e not preaem, but wa-e mo .ecognmd: Amanda Kent. a 1• grader• All Souls, wboae drawing "Tbe Happy House" graces the month of February; Noah Silwrglade. a</" grader al Humaaex Academy, wboae artwork appears in Oclober, Mayw Burm tpiD CllllplWllled all lbe )'OUIII anilll wboae anWOlt appeared in the Englewood 2000 Calmdlr, ad dlaod CWll)'GIIC for coming toaigbl to RCOPizie lbeir lalem ad lbeir cn:alivity. This is eowdring we would like to Clllllimle, lie aid, • it rally pu lbe ICllools UMIMld in lbe proggm. He lllmbd all aflbe anilll wllo earcred lbe IIUdent an CXllllell, ad aked tor IIIOlber round of applause. 9 . hlllleBeartais (a) COUNCll. MEMBER 8RADSIIAW MOVED, AND IT WAS SECONDED, TO 0NN A PU8UC IIUIUNG TO GATBER INl'(IT ON A 8RL AMENDING THE Cl1Y'S BISTOIUC PRESERVATION ORDINANCL Ayes: c.ouacil Members Gama, Bradlblw, Wolosyn. Yurcbick, G.uuiis, Burns Nays: None Ablent: c.ouacil Member Nabbolz The 1110UOD canied ad lbe Public Hearing opened . All witDCllel -duly IWOl'll. l'lallllial Amlytl Daaaemiller IUbmitt.ed Proof of Public:atioa af lbe Notice or Public Hearing in the B..,ae-od Heraldoa NaYember 19, 1999. SIie aid lbere-• inlroduction to the Historic Preservation onlilllllcc oa die Im ~ 111d slle would like to clarify -of the informalion and then go tluougb wllll lbe pn,cw would be for lbe actual nomil!ltioo ad dClipllioa of a historic property. We know that, widl lbe acquililioa af lbe Skarill HoUle. it -requated tbal the actual illue al historic preservation be looked into, to be able to promote -of the culbnl ad od.lC'#icMwl benefits af historic preaervalion, and fOlla civic pride in the biltOly of Englewood. We looked at -poteatial ordinances to address this i.-e. lillc aid. An onlialce can actually haw a wriety or componeats. It can be as narrow as limply cteeipetiDc. praperty. all lbe way up to wllll is caDcd. certifiod local ~ which rcquin:s • ....-commipicm The oommillion would do• in\'CIIIOly of pnipatiel. go out and proacliwly look for bmaric praperty, ad Ibey mo could 1111b polallial recommmdaaioos OIi alteralioos al these popatiel. IO lbere is a wide ,mgc af compa,icnts tbal an ordiwlCC could be made up al. We took into • ·. I· 0 • • --. Englcwood City Council December6, 1999 Pqe5 , ,. /'. • • - .. .1 .. COlllidmlion ODe af the dlinp dlll l'llllllillg ad Zomas 111d llid, which -lbat • this point. sinoc Englcwood ii &irly -in the llillOric s-cwtaliaa pmc, let's just look at the designation of the prapeniel to be Ible to llllke them eligible for .... fimding from the Stale: Historic:al Fund, she advised. We allo need ID lel c:riteria ID be able ID cleli,-e wllcdler dlele properties should be on the list or not. If yau lllllicc iD ,_. anlilallz, * poalDd GIil, die c:riteria is • ID dill Ibey mllll be • least fifty years old, 111d dlcy .... MYC a Ii~ C _.iOll III llillarical CWIIII, Ibey mllll rcflec:t the cultmal, political or IDCial llillDI)' af Eaglcwood. Alao, dlcy -, llaw diwngnishiag ardlitectunl clwaclcrislics, she added. ~ .._., tllil ~ will lllow for delipmcw af die properties, but it docs not pul any fwtber aemicliaa OIi die paupatics. TIie ~ iii dlia, lllc allowal, is tbal, if a property would like to be modified Iller, and wbcR it may pallibly dlaF die cllalaclcrislic it is able to do lbat, wc arc not funher l'CllricliDg ii, but limply n..,... die paapa1iel • dlis point. Thal docs not mean tbal, funhcr on down die .-d, «--arc iDlo dlis ..-ad ii may 11111111 -illOdific:alioa thal we could not go to that poinl, lllc aid. Tbc anlialaacc pna11 pn,ridel for Planning and l.oning or a property to notify the City of a delire to deligllltc die property, lllc llid, ad dlis is die actual nomination part. You may have some quelliolll Oil wllat die diflcnalc is..._ weeiwioa 111d aclUal applicalion, she said. Ms. Danncmiller cxplainod tbal, iii lipl afdle fllcl dlll diae wmld DOC be a aepaalc commission going out and pro-activel y ICddilg paoper1iCI to be Oil lllil lill. it -tit dill die Planning and l.oning Commission could actually look for or accept-ineCicww. YCJU may llaYC a propeny lbat wanlS to be designated, so you would COlllaCt m Oil die Plalllllialg ad ZCllliDg Commillion and uk to be nominalcd. Once the property is D01Dinatod, die City wwld lift die propeny owner tbe infonnatiC111 lbat it needs to actually fill out the applk:at-m 'JllCII -amt die IIJPicM!toll pnrm, which must llaw the name, the legal description of the pnipcd)', a pan, die• afdle llllildiag ad a bricf dcacriptioa afwby the building bas historical or ac:lilocllilli eipific:Moe . la die cw af a dillric:l, a number af boules or buildings thal have a Wlifying eleallCDI, pn,af .... die property onen llaYC been notified that this application is laking place, and thal at lcall two tllildl afdle propcny --in fftor afthe dcsignllioa. T'bm Planning and 1.oning would oaedtlcl a pablic---, .. die applir#ic!M, * aid, .mew the SIited aitcria and tbcn make a a« 1 M • ID City CGacil. Al dlll poilll, City Council would approYe the applic:alion by resolution . Mayor Bumi aid lllil is kiwi af • initial ba,c into this area, without geaing a loc of claboratc process . Ml. a::.-illff ...... addiilg dlll ii pn,ridel die oppoi1Uility for buildings to be eligible for State bmarical Jr1S timdialg. N it docs DOdling IIIOR. It -die feeling from Planning and Zoning, she said, dial dlil -die finl .,, 11111 die ~ llCp. ID jUll have a aegister of propcatics, and if there was a Mid, ftudler down die nwd. to iil!pl rt ._ flildler amric:liom ID dlcy can main their value and their c:llaai:ler Ol'Ci' time, -could look .. doing dial and maid it. thal time. Mayor Bumi alk.ed ifdlll w pod aiough for die Stale. Ms. Danncmillcr responded affirmatively . Simple delipllicw cw a local llillDric aqiller is adequalc for.-funding, she said. Tbc reason wc are FUii to look ll • ~ wllae -aR acccpliDg p.-maaey from the Stile Historical Society, even tboup -do DOC lw\'C a mual nlftlDOII, is becaUlc -propatics need to be asscwd to determine wbcdler or• Ibey c:an be cw die aqiller 11111 IC( fimding for rcbabilitalion . Tbcy do allow for assessment witbout npllicw. but DOdliatg flildler. Tbcy will not give you money for any rdlabilitation or restoration ofpropcaty unlcll it is cw a aqilta', she aid. Mayor Bumi dlmkod Ms. Dlmrmillcr for all die woat lllc bal dooc on this . Council Member Bradshaw com......., tbll it looks pod. 1bcic WCR DO odlcr pcllOill wilhiDg to speak to die illuc . COUNCIL IUDltR allADSIIAW MOVED, AND rr WAS SECONDED, TO CLOSE THE POI.JC BLUUNG. Ayes : Nays : Council Mcmbcn Gama, Baadlhaw, Wololyn, Yurcbick, Gauulia, Burm None • .. .. I • 0 • • Englewood City Council Dec:eml,cr 6, 1999 ... , ~ ,,..-·· • • - Ableat: Council Member Nabbolz 1bc motion canied and tbc l'llblic Hearing clcad. 10. C.....A..- .\ ,. COONCO. MDIUllGAm1TMOVED. AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITDIS 11 (a) (I), 00, (iii), (Iv). (v). 10 (II) (I), 00, (Iii), (Iv). (Y), (YI), AND 10 (c:) {I). (ii), (Ill). (a) Appn,Yal af<>nli..-on Fn Reading (i) COUNCD. BILL NO. 71, INTRODUCED BY COUNCIL MEMBER GARRETI' A BJU.. FOR AN ORDINANCE AUl1fORIZING AN INJ'ERGOVERNMEl'ff AL AGREEMENT BNITl1.BD "FIRST AMENDED INIERGOVERNMEl'ff AL AGREEMENT FOR 1HE ESTABLISHMENI' OF AN BER<ENCY COMMUNICATIONS SERVICE At.mfORITY" BETWEEN BENNE1T PIRE PROmCJ10N DIS11UCT, TOWN OF BOW MAR, BYERS FIRE Pll01EC'l10N DISJ1UCT, SOlTl1I MF:11l0 FIRE RESCUE, CITY OF OIERRY HilLS VILLAGE . COLUMBINE VAU.EY, CUNNINGHAM FIRE PROTEC110N DIS11UCT, TOWN OF DEER TRAIL , DBBR TRAIL PIRE PltOTEC110N DIS11UCT, CITY OF FOXFIELD, CITY OF GLENDALE, CITY OF GREENWOOD VJU..A<E, CITY OF I...ITl1El'ON, LrrllEl'ON FIRE PRomcnON DISTRICT, PARKER FIRE Pll011!CJ10N DIS11UCT, RATJ'LESNAKE PIRE PROTEC'J10N DIS11UCT, SABLE- ALTURA FIRE Pll011!CJ10N DIS11UCT, CITY OF SHERIDAN, SKYLINE FIRE PROTECTION DIS11UCT, S11lASBURG FIRE Pll01EC110N DIS11UCT, UNl11!D FIRE DISPATCH AUTHORfIY AND 111B CITY OF ENGlSWOOD COLORADO Pl!RTAINING T01HE ARAPAHOE COUN'IY E- 911 EMBRGENCY'IFJ...P.PHONE SERVICE AtmlORl1Y. (ii) COUNCD. BILL NO. 79, INTRODUCED BY COUNCIL MEMBER A BJU.. FOR AN ORDINANCE AU'J110RIZING AN INl'ERGOVERNMEl'ff AL AGREEMENT BE'JWEBN 1HE CITY OF ENGLEWOOD AND 1HE COLORADO DEPARTMENT OF 11lANSPORTATION (CDOI) FOR 1HE ABANDONMENr OF SOlTl1I BROADWAY BY 1HE STATEFROMU.S. IUGHWAY 215 SOU1HT01HECITYOFENGLEWOOD'S SOU'Jll CITY LIMIT. (iii) COUNCIL BILL NO . IO, INTRODUCED BY COUNCIL MEMBER GARRETI' A BIU.. FOR AN ORDINANCE APPROVING 1HE COmllACT BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD LIONS O.UB FOR MAINTENANCE OF 11IE ENGLEWOOD LIONS a.UB MINIATURE TRAIN. (iY) COUNCD. BILL NO. II, INTRODUCED BY COUNCIL MEMBER GARRETI' A B1U.. FOR AN ORDINANCE AU11fORIZING 1HE ACCEPTANCE OF AV ALE GRANT FROM 111B VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF 1HE 1Bnt ruDICIAL DISTRICT. (Y) COUNCD. BILL NO. Bl, INTRODUCED BY COUNCIL MEMBER GARRETI' . 4 ' ' I . 0 J • ...., . Englewood City Council December 6, 1999 PIF7 • • - A BllL FOR AN ORDINANCE MODIFYING 1Tl1.E 3, CHAPTERS IN, SECTIONS 8 AND 10; OL\P'IBR2, OL\P'mRS 3, 4 AND 5, OF111EENGLEWOODMUNICIPALCODE 1985, RELATED TO CHARTER MODIFICATIONS CONCERNING 11IE CAREER SERVICE BOARD . (b) Appn,val of~ OD Second Reading (i) ORDINANCE NO. 69, SERIES OF 1999 (COUNCll. BILL NO . 71 , INl1lODUCED BY COUNCll. MEMBER GARRETT) AN ORDINANCE AUIHORIZING 11IE ACCEPI' ANCE OF AN INTERGOVERNMENTAL GRANT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND COLORADO HISTORICAL SOCIETY TO FUND A IDSTORIC STR.UCTIJRE ASSESSMENT OF 11IE 11K>MAS SKERRfIT HOUSE LOCA11!1> AT 3560 SOlJIH BANNOCK STREET. (ii) ORDINANCE NO. 70, SERIES OF 1999 (COUNCll. Bll.L NO . 72 , INl1l0DUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE AMENDING Tl'l1.E 3, CHAPTER 6, SECTION 7, SUBSECTION 7. OF 11IE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF 1llE NON-EMERGENCY EMPLOYEES RETIREMENT PLAN AND TitUST. (iii) ORDINANCE NO . 71 , SERIES OF 1999 (COUNCll. BILL NO . 73. INJ1l0DUCED BY COUNCll. MEMBER GARRETT) AN EMERGENCY ORDINANCE AMENDING 1Tl1.E 8, CHAPTER 2E, SECTION 2, OF TI-IE ENOLEWOOD MUNICIPAL CODE 1915. (iv) ORDINANCE NO. 72, SERIES OF 1999 (COUNCll. BILL NO . 74 . 1N11tODUCED BY COUNCll. MEMBER GARRETT) AN ORDINANCE APPROVING SUPPLEMENT NO . 4 TO TI-IE V AU..EY SANITATION DISTRJCT AND COLUMBINE WATER AND SANITATION DISTRICTCONNECI'OR'S AGREEMENT FOR 111E IN<llJSION OF LAND Wl'J1IIN 1llE COLUMBINE SANITATION DISTRICT BOUNDARIES . (v) ORDINANCE NO. 73, SERIES OF 1999 (COUNCll. Bill. NO . 75 , INJ1l0DUCED BY COUNCll. MEMBER GARRETT) AN ORDINANCE AUIHORIZING 11IE ACCEPl'ANCE OF A GRANT OF PROPERTY FROM ARAPAHOE COUKIY . (vi) ORDINANCE NO. 74, SERIES OF 1999 (COUNCll. Bll.L NO . 76, INJ1l0DUCED BY COUNCll. MEMBER GARRETT) AN ORDINANCE AUIHORJZING A QUIT a.AIM DEED BETWFEN ADAM AND KA1HERINE LOUISE MUUEDY AND 11IE CITY OF ENGLEWOOD, COLORADO FOR 11 SQUARE FEET OF 111E CITY Drral RIGHT-OF-WAY LOCA11!D AT 3697 SOUJ1I GRANT STREET, ENGLEWOOD , COLORADO. AND A LICENSE AGRF.EMENT TO Cl.ARIFY 11IE LOCATION OF 11IE CITY DITOI RIGHT -OF-WAY. (c) Raolulioas 111d Motm (i) RESOLUTION NO. 101, SERIES OF 1999 • I . 0 • • -. ----------------------·-.--------------------- Englewood City Council DercmlJer 6, 1999 Pqel ,... . • • -' A RESOLlmON BY 111E CITY OF ENGLEWOOD Al111tORlZING 11fE CllY OF ENGLEWOOD. COLORAOO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2000 COMMUNITY DEVELOPMENT BLOCK GRANT . (ii) RESOLUTION NO. 102, SERIES OF 1999 A RESOLlmON OF 11IE CITY OF ENGLEWOOD, COLORADO APPROVING A MASTER LEASE AGREEMENI' FOR COMPl1ll!R AIDED DISPATOI AND RECORDS MANAGEMENT SYSIBMS EQUIPMENJ' FOR 11IE CITY . (iii) A CON'I1lACT WITH ANDREWS AND ANDERSON FOR HISTORICAL STRUC'IURE ASSESSMENT OF 11iE TiiOMAS SKERRfTT HOUSE. Ayes : Couacil Members Gam:u, Bradshaw, Wolosyn, Yurchick. Gmzulia, Bums Nays : None Absent : Couacil Member Nabbolz The motion carried. II . lleplar.Apu <•> Approval of Ordinanca on Fn Raiding nae MR DO addilional items llllbmiaed for approval OD lint rc:ading. (See Agenda Item JO -Consen1 Apda). (b) Approval of Ordinanca OIi Second Reading nae MR DO additioall itam submitted for approval oa second rc:ading. (See Agenda Item 10 -Consent Apda). (c) Rcsolulioas 111d Moliom (i) Direc:lor Simpmo pracolcd a RICOllllllellda from the Department of Neigllborllood 111d 8usincls De\'dopmelll to adopt a raolutioa IUlboriziDg the Englewood Environmenlal Founcla«ioD to ae,tllilfc a backup polilioa with Lepcy Par1nc:rs for residential development al the CityCcllta Eaglewood lite. We bdic\oe we aR pogrcssing very favorably with a residential developer .,.__. with Tlammdl Crow Rclidcnlial ~ We think thal is going to do very well, he said, but we allO ~ it is very importllll to the City of Englewood to make sure that there is a backup a,atinpDc:y, in cue this pmticul.-lbeJopcr should falJ away . We bclicve this backup position IIJmgdlcos our acgotialioos with Trunmdl Crow, and we aR urging Council's support, he said Mayor Buras qrCICld thal this is impol1lnl beclulc it will spur Trammell Crow on to make sure they do tbcir jab. CouDdl Member Bndllllw aid, wbal llbe-on Couaci1 previously, they worked very closely with TnmmCII Crow in building The MIika, 11111 they -cxcdlmt to work with. She said she was glad to ._. tbll the acgoli---FUii well . • .. I . 0 • • --. Englewood City C-ounci1 Dccemba 6, 1999 Pa,c9 ,. ,. ..,.. . .\ • - Mr. SiJlll*lll lllid it is a \aY good aegolialion procea. and -arc making good progress . Due diligence cft'orta arc ma«imaing forward and -arc on ICbedule, be said, but -believe this places the City in a ve ry strong position and -feel it is impol1am. The raolution WU llligned a number and read by title : RESOLUTION NO. 103, SERIES OF 1999 A RESOLUTION ENCOURAGING 11iE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO OBTAIN A BACK-UP CON'lltACT WTm LEGACY PARTNERS AS A RESIDENTIAL DEVELOPER COUNCO.. MEMKR allADSIIAW MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA rn:M 11 (c) (1)-llUOLUDON NO. Ill, H.llll:S OP 1999. Ayes : C-ouncil Members Garrett, Bradshaw, Wolosyn. Yurchick. Nays : Absent : The mouoa c:arricd. 12. c--.110....... (a) Mayor's Oioic:c: Glazulis. Burm None C-ouncil Member Nabbolz (i) Mayor Burns cxmgrllUllted the Victim Assistance Program at Safety Services flll" the food clrM they bad ll ~ for needy families . He said be saw it ponraycd in the -apapcr. (ii) Mayor Burns said the ... issuc cl the Englewood Harold was significant rdllM to all die diframl elemaa cl-prujocl. We bad Ille Oty negotialions with Trammell Crow on die fronl pqe. -bad die CiYic ea.a-on die--. -lad die art picCles and also the Wal-Man closing. 'Jbil rally illUllnlel how tllis pnJjecl is ClOIIUDI ...-. be said, and moving 00 all !roots. (iii) MayCII" Burns aid be Mtdlad die David Taylor Dance Tbeatcr vignettes of The Nutcnl:tcr-ll T-during tbe -clay. He felt it was quif.e well done, adding that be spoke with David TaylCII" about the OtyCaatcr and -of the dlallcnga they an: having engineering their situation -tbeR, thaup they an: llill \a)' cxcitod aboul it. (b) Coum:il Members' Oioic:c: (i) Coum:il Member Gruulis inquired about ttasb pickup and whether there had been a llUdy doac. Council Member Bradshaw said there apparmly bad been several studies done by Clean. Green and Proud. ML Gruulis med what the C10D1C111U1 WU at that time . Ms . Bradshaw said people waded to pick their own. Ms. Clnzulis said ooc of her a>IICCIDS is the extra weight of the trucks and all the confulion. and 1111 thoae ugly llickcn in the alleys. Ms. Bndlbaw said the wtar and 11:ar on our 11nm WU die wbolc idea behind dlll. Ms . Grazutis said they just fixed the concrete alley behind her and -sbc -all the 1rlllh tndl going up and down it, so it will be just a matter of time before it sinks again. Ms. Bndlbaw aid that is ma issue that a>mca up about C\aY two or three years . Ms . Grazulis said lei's bring it up apin, bccaUlc maybe some Olhcr people an: di-tisfied. ML Bradshaw said she knows c:itimll pt really upld, bul why not 111k Clean, Green and Proud 10 do it again. Ms. Grazulis aid that MJldd be p,od, bocauae there are also IDIIIC prupertica that ltill ba\'C no pickup. Ms . Bradshaw said that is ...-die law. ML Gnmlis said lbc kmwl it is, but it is one DIOR dling 111111 Code Enforcement bas to by 10 cafon:ic and it would ligllfm their load if-could haft ICJffldbing IIIOR ICbedulcd. • I· 0 ,-------~--:-------~--------------.,------------~--------- • • -. F.uglewood City Council December 6, 1999 Pqc 10 .. . • • - CouaciJ Member Gama aid, when that came up. be 'YOtCd apiml that paniallar maua because of the way it -Filll to be enforad. We wen not going to Cllforcc the ordinance mil a violation had occ:um,d, and be fdt that was an odd way to do things. We either do it or we don't, be asserted. and thal is one thing we should look at. ReprdiJlg the Clam, Green 111d Proud, the last proposal be saw was a couple ol years aao. llld lbcre -concem _. the low rapoaae to the aney cants that were ICIII out Council Member Bndlbaw llid they oaly got about lal pcrccat back. She IUgesled using the Englewood Citizen Newtlcaer 111d holding m public medinp where dillric:t CouaciJ Members could nm district meetings . Mayor Buras llid in m cities they COllll'aCI out the whole city. Council Member Bradshaw said she still feels a viable option is a>alncUDg with Deaver. Mayor Buna llid be thought there was a heavy desire for diem ID be able ID make their own cboic:a. He apeed tbat you cer1aioly get a multiplicity of trucks going lip ---die alleys. CouaciJ Member Gnzulis llid 111111e ol the oomplUies are bigger than others, so she would hate to let the -a py ID.... CouaciJ Member Gama llid you would do ii as a bid. He said be would like to get a prdillliMry idea ol MIil the COil would be oa a bid proce11 so that, when we have public meetings, we wwld lmow the COil. CGacil Mealller Bnidlllaw llid pooplc arc loatiDg at a lweaty to twenty-five pcrc:cnt savings . Council Mealller Gama llid dial makel a ditrcrmce in bow you tbink about dac maaers. Council Member Cilulllil llid dial is,.., md lbc would jllll like to ..._ tbat again. Mr. Garrett said we can also calnc RIC)'dial • a pat oldie COllllacl, • ~ to the bcllcr-skcllcr approach we have today. There arc admstp ad diertwtap be added. CGacil Mealller Gamllil llid * ---adwalapl 11M disadvuugcs, where as before she ..... dial __ .. Mr. Glmll. City Maap S-S 8llred if' C.-il would caaiclrr meeting with Clean, Green and Proud, or if they waut pldtr dial alll dD a lliaary ol wlleft we arc md lft8Clll DIIC informalioa to Council after the firsl oldie ,es. ~ ...... Glmlll ad Mayar Burm felt a hiltory would be pod. Council Member Cilulllil ....,.Sa lliaary widl a .....,_ Mayar Bums recalled that they did a fair amount of wort on tbil die llllt tiae ...._ It -decided to look al the history and then ICC where to go with it ••••• Mayor Bula llid lie .... be ....... al lcall pat ol the Summit OIi Rcgioaal Cooperation, lpOIISOrcd by die Cily ud CGa1y ol Dcllvcr, aa Wedwdly. It is c:o-tpOIIIOl'Od by the Home Builders. the Colorado Fonua. tbe Mello Dcllvcr au.llCr ol c.ciau.n:c_ DRCOG and the Mdro Mayors' Caucus, be added. 11lele arc tine priorities. be nplainNI, wtforcc llouliDg. acw dndopmcnt and cxilWlg infrulructurc . ... open apace. He llid lie is aat exa:dy -where dlis is going, bclcaulc, in his opinioa. you could hold a mediDg oa powtb CXllllrOI cwry week . He llid ifbe goes to lhia, be may DOl make the party for the staff. wbicll be rally hlta to mia. (ii) A nmlllliaD iadicaliDg tbal apocific --. are .....,,.able to the Cily of 8-,leM>od al die~ •clvpmcna w CClllliclered. 111c ..,..._ -lllliped a iumber llld rad by title : RBSOLl1110N NO. ICM, SERIES OF 1999 A RBSOLlTl10N INDICA.11NG 1HAT ~C TENANTS ARE ACCEPT ABLE TO rnE CITY OF EN0LEW00D AT 1HE CJTY<»nER DEVELOPMENT. • I • 0 • • . -. EngleM,od City Council Decallber6, 1999 Pqell ~ ,...---· • • - .. ., , . .. COUNcn. MDDER allADSBAW MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITDI 12 (') (ii)-USOLUTION NO. IN, SElllES or 19". Mayor Bums aakal John Loll, of Miller Wcinpnm Ralty, ifbe would like to make a presentation or _. qucaliom fium Council Mayor Bum llid Mr. Loa had iclmtified, in bis c:over leaer, which be felt lllould DOt llave been nmtccl oonfidential, die leWIII be w talking about. He said the aaachcd letters of meal are indeed oonfidelMill 11> we 1rill DOt WUl to pt illlo die cldails of those. We are talking more allcllll Miller Wcinpnm's coaaactull oblipliam 111d die CXlllbaCt with EEF, which had to be complied witla by Novcmbel' 'Jd', lie lllid, wbicb is nm IDOll of the c:iover leaas are dakd. He said be did not know if Mr. Loa Wlllled to make my addilioall .-ks with rqanl to the lisl or not Mr. Loa llid DOt rally, we WCR llyiag to oamply with the agn,emcnt with EEF to submit the letters of iDtmt 111d dctermiDc wbcda lhat 111d the requirements of the City . Council Member Bndsbaw voiocd COIICClll tbal there are things tbal are signed, but asked if they are actual lcacn al idelll. Mr. Loa responded tbal there are two that are not sipcd, Ross and International House of Paacaka are DOt signed becalllle there are lams in them that are DOt agreed to and acceplable between the S-UCS· Mayor Bums llid the CODtnlct requires not lea than two restaurants, two 25,000 square fOO( users, and 25,000 ...-feet of lddiliollll ffllil ..,.ce with tmlllll accepllble to the City. City Attorney Brotzman a.:umd. Mayor Bums llid there are obviously IICVCl'll 25,000 square fOO( users here. He said be felt the qamlDI ii -wllelber die Council objects to any of the polCmial tmlllll tbal are I.isled. Mr. Loa llid dley wwld like to find out two lhinp. 1bey want to see tbal we agree that Miller w....-ii ia 4lDIIIIPliw::e widl tbal No¥ember 30• lllllmissioa, and ta-. ullimafdy. we need to pt _ .._......_.bylellllllldillarelCCCpllble. c-:iJ Melllber Badllllw llid Ille w c:oacaued that we have dropped Bed, Bath and Beyond or Linens ad 'J1lillp. Mr. Loa aid we 111\'e DOt dropped them in terms of going after them, but we do DOt have ..... or.-._ 111cm • 11u point Mayor 8mm aakai if Mr. Lol5 could IIIC ta-Jeaas al iotem to go back to them. Mr. Loss said lllalhlldy. Olle ofdle key Bonlcn-llrgdcd outfits bu taken another serious look It it They need 35,000 feet, 111d dley WUl to be OIi Hampdm. QJuncil Member Bllldsbaw asked who that WIS. Mr. Loss said it WII Uncm llld 111inp. We have two difl'ermt ways to go lit this, one is to see if there is I way to put them in bdwem laca ... Oalaptp, along with Borders, and Slill be able to meet the parting requirements. The odler ii to CXIIIIC over to die Cllll side olGalapago and see ifwe can ultiJucly end up with 135,000 square foot UIC with Hampdm fronlage . Mayor Bumi llid you have to mainlain your light lines and all tbal with Wal-Mart. And the residential, Ms. Bladlhaw added. Mr. Loa said yes, we ablolutely have to Slay in complianoe with all thole pieces. Council Member Bndsbaw llid Ille did not WIDl Sponsman's Wardloule. Council Member Garrell said bis CIQIICelll OD dill OIIC ii dill it ii I acw compay. Mr. Loa llid rigllt. Mr. Gam:u n,callcd that they were IUfPOIDd to aeccive -addilioall iaformatioa and pictures, and lhat bu DOt been rcc:civcd. Thal raises -cymruw, be llid. bcala Council had expreai,d QCIIICel1IS It the last meeting . Mr. Loa aid dley weR '*-I ilr -clec:isim. llld ICbOII here. He llid be bu pbotognpbs which be ._. ....S ll OIIC mlf mceting. Council Member Bradlhaw lllicl they --them . • . .., ' . I· 0 - • • -. Englewood City Council December 6, 1999 Page 12 /'". - Council Member Garreu said the odler one lbal raisl • eyd)row is the lnlemalional House of Pancakes, and their ability to comply with the clcsip ...._. dlllt wc are going to have on the site, because they baYc a 1lllique look. Mr. Loa aid lbcre is DO quellioa 11111 mmy al llae lmmll are going to need to conform to the design gnideli-llld come off of their Mldlrd llabllelll. He said be was DOI sure lbal aa:epCanc:e on these ralallnllll is called for in our..,_.._ He said be dlougbt it was ICllalU who are greater than 7,000 ..-cfoct. Mr. Gllnat aid be was loakiag • it from a pcnpecliw al bis waDling to know about the acceptability of -of tbcle tcnau, ~ or-. Mr. 1-said llafl' bu definitely made it very clear thal some of tbcle tamlll wilb awninp and~~ type dcmau are DOI going to be acceptable, so wc would ddinildy proceed CID dlll balia. Mayor Bums uked ifthcle ten11111 are aware al this. Mr. Loll responded aflinnalivcly . Council Member Bnidlhnw said COUIICil • C'fflli*"'ly said Village Inn. Mr. Loss said this letter indicates the J*1icl dlllt WC llave leaell a( i-.. from, and WC do DOI have one with Village Inn, but WC arc working with them. They have been ___.. for -time, and so we will certainly attempt to get them. Mayor Bums said, 11111 time, Banlm Baab was pn:ay univalally aa:qxcd by the Council, and wc have giwD a llnlllg indk:lliOD dial we ..ad like IO have diem here. Tbcrc were: some questions about Office Depa(. be said, nmpiziag ... omce Dcpac cu be a pn:ay good sales tax gmerator, and they do want to w f'nlm their preae.-loc:aliOD ao lllil *' :I lfl B: N . He aacd about elcc:tronics . Mr. Loss said Office Depot bu a lipificanl _.. al electroaicl ill their ilM:alory. Early on, Circuit City was looking, as was ee. Buy, and dlll is llill a ...-i -ad we 1IWOUld like to come up with -..cone, be said, but we do not baYc oac: • Ibis time . Council Member Biadlllaw aaked if'dle lill lllould be read for the poolic's information. Mayor Bums felt die lill lllould be tad. Mr. 1-nal thc lill. whic:b included Borders, lncolponed, Ross , Office Depot, Spa.W's w----. Rllby liaday, TGI Friday's, Bally Total Fitness, Peabcny Coffee, Bennigan 's, El Tejado, llld blleliWioaal Hlwall'wabs. Council Member e........ aaked llow may 1q1111e fed El Tejado wanted. Mr. Loss said about 3,500 . Mayor Bums uked bow mmy rmaurw were micipaled Mr. Loss said probably five or six, and that would be ind! I' ft,..,.. al...._.. dial nay P, CID thc north lide of Englewood Partway, but, in the part or die dnelopmall 11111 wc are diRll:dy UMIMd in, wc are anlicipaling five or six, be said. Council Member Yurchick aid Ibey llave Bamipn's, TGI Friday 's and Ruby Tuesday. He asked if they plan to pct oac: al thc tine or try to do all tine. Mr. Loll said it is IIIOlit likely that all three of those users would n,quiR die laracr sad CID Hampdm . Tbat sad is designed. and would park, somewhere between 10,000 and 12,000 bl. All tine altbcle ums are in the 5,000 to 6,500 foot range, be said. We are ac:lUally fiddling wilb a life pllll ripl -• aata • area for two of these restaurams in that one loc:alioa. We are anlici)llling a fair_. albaale in ,caiDg !bole people to accept that, be said. When lbcre -a movie tbcllcr in thc )IIUjact. we a::mally 111d tine al tbcle laracr nalional high volwnc ra&aunall OIi Hampdea, bul -. with jlllt thc C1DC localioa, all tine of them have identified that they would be willing to go thcR. WIICda we cu pt two or them to fit in there is one of the questions, be said. The olhcr ....,.-plailCI • we are viewing• die lillcly ralaUrUl locations would be undemeadt the buiJdinl IICXI IO die Civic C... bui1diDg. 11'1111 we call thc Baily's building. Thal would provide some Dice IIOrmODl along thc SOlllll lide oldie Pia7a. ADOlbcr prime loc:alioa 1IWOUld be on the west end cap of die IOUth lide a( EnpMICICI Palhay. • I • • • --. F.aglelWOCld City Council Deccmbcr 6, 1999 Pa,e 13 I• " /'. e • - ... ' ' Mr. Yurcbick lllid bis OOIICCl'II is that they are pretty much similar reswnms, there is no variety. Mr. Loss said they -, and it is IIIOll likely that the currmt Oolcl Mine site would be the location for one of these three, and Ihm the Olbcr ideas would be in diff"erent places along the putw.iy and the Piau.a. Council Member B..W.W said she -moc:emed about the fact that we bad a brew pub as a high priority, and she did DOI -one on the list Mr. Loa said they are still hoping and working on one . The Gold Mine pad would be the likely place forlhll. Ms. Bradshaw said IOIIICtbiDg that would be unique . She lllid lbe does DOI Wllll du to be UIIMl'lity Hills Well, or Bowles Cruuing Eua. and she is seeing a lot of limillr type tbinp comiag tbruugb. She lllid lbe -very plcucd to -Peabeny, al~ they llaft always bad Bally • a pal al dlis, it ha been a pen duougbout the whole thing. On the 9 of Septew•w. lbe recalled, they aid ii w llready '-l. Mr. Loa aid no, we bad an agreed to letter of intmt al a copy of their leaae lad been led 10 111. Ms. Bradlbaw lllid the fint draft of the lease was received• af July. Mr. Loa aid -we are probably inti> the ICCOlld and third copies of drafting. Mayor Bums said be bad 1albd to Bally's in Palm Spings. and they were lady to go. and did not even care who wu around them, tbCR were: no a,.tmancy issues with Baily's. Council Member B..W.W albd wlm blppmed to Johnny Carrino 's. Mr. Loa said they are still inlaelted. M did DOI ~ a lcacr af iDlml • the time of this, but they are a prime candidale for the west end cap af the IOUth side af the pah-ay. Ms. Bradlbaw albd about CB & Potts. Mr. Loss said they were the bin' pub M M WOlted the loop witb. They bad indicaled that, if they could buy the site, they would lib ..,._ bad look. ii. We told than -M -DOI in a politioa to provide that opportunity. be aid. and ace dim, they ~ iDdicaled they are oa hold Oil funla expmlions. Ms. Bralsbaw asked about B.J. '1 Pm.a Grill al Bmway. Mr. Loa said they are llill ding with them. and they are fairl y 11C1M -ill dlil amtct. Ms. B..W.W albd lboul Mondo's. Mr. Loa said be did DOI know about chem. Ma. Bndlllaw ()Oll!!MDfOd that tbiap ~ DOI c:bapd much. Mayor Burlll lllllod lboul the 12,000 .....-C foot buiJdiag oppolite Wal-Man that • one time bad Petco , F-.s F._, Lms Craftcn and that 11111 af thing. Mr. Loa said beck to the IIOlion ol wllal we need 10 accomplisll 10 try to get Borden ill here, if we ~ to, and ~ • oppol1Ullity to get one of their pn:fened neipbon info that area, that is our fint pl. We don't wan1 to c:onform lhll lide oltbe project 10 mydlillg dllll Jocu US in, IO M c:aD build up to 44,000 ICpl'C feet ill thal whole area, maintaining this view corridor. lfM eadat up with a 35,000foot, Dy, Linemand'Jbinp. 11111 would leave US about 9,000 m1n feet. and M would certainly want to put in a floater building with -more ol these smaller users. be said. C.ouDci1 Member Bradlbaw said 10 U-and Things fits bcu.er with Borders than Bed, Bath and Beyond. Mr. Loa said they are bolb aa:quble to Borden and they are bolb OllCI we would like to go afta. Bed, Balh and Beyond is looking at it apin _. with the IIOlion in the report from us thal Borders bas signed an LOI. IUbjcc:t to ClO-fallDCy, be advilcd. So, Bed, 811b and Beyond is an active candidate, but, again, we do IIOl llaft • lcacr from than. C.ouDcil Member Bsadlbaw said lbe did DOI know if any of the Council Members bad a prefemx:e, but she felt tbm Bed, B1111 and Beyond w a mucla bcu.er lfOR. Mr. Loa said their lligbdy bigger problem is their lcx:alioll II Soudnwal Plaza. wllen: Linem and 1biap does DOI have quite as dim:tJy a competitive location 11 this time. We would lave to ~ either one al than and are working diliamJy with bolb of them, be said. C.ouDcil Member Bllldlllaw said lbe lead in one altbeae lhll if they come. we c:an DOI~ a Manball 's, a Kolal's. or TJ Maxx. Mr. Loa said dllll is pal al the Rall ldter that is totally unaca:ptable. Ms. Bradshaw said lbe cenainly does aot Wllll a_. tdling III what we c:an and can DOI do. • . ' .. I . 0 . ]- • • -. • .. • - .... Council Member Gnzulit llid Ille ii DIii pa1iadlrty crazy about Roll. Ms. Bradshaw llid she is DIii eitller. Mayor Bllml llid TJ Max is llexl ID lban M Univcnity 11111 Ordllld, 11111 be likes TJ Maxx beuer than Roa,. dial localicm -,way. Council Member Badlaw llid Ille Mded a ral IIOR. Mayor Bumi said Rms takes secondary IIICldladilc from die~ Ms. Bradlllaw llid dlll is ber coac,rm with Spo111man's Wardlousc. SIie did aat-. wllll kind af madlandile Ibey ldl. wbelber ii ii fira liDc or ICICOlld linc. From wbal she lldderllWII, ii ii jllll a way primilM building with way liale lelall finim. Mr. Loll aid be would pn,vide, • early M IDIDDl'IVW, piclures aflheir loc:ation. It is a really high volume al merc::llladilC, be llid. He felt die oullide loobd fiae 111d it ii all bunling, fishing, 11111 can.,mg. Ms. Bndlllaw llid 111d gum. ID wbic:11 Mr. Loll CIIIICllfflld. Mayor Burm llbd wllcR die they arc localed. Mr. Loll responded tbll they have tbrcc stores. and they AR all in Ulah. lhey arc opcnillg-in Billillp. • llid. llld die company is out of Wisconsin. They have been in~ for about tbilty-m IIIIIIDI. Ma. Bndllaw aid it is DIii tbll they can not be good. but it jull ClOIICellll her. Mayor Bumi llbd if a video CGllld be oblaiaed af dlC inside af lheir llllRS. Mr. Loss said be would check . SpolW'I W&lmOUIC ii way axiom ID be comidcnld, ID ii would be easy to tell them thal their market aidle would be belier ....... ifdley cu pw •.......... like tbal. Council Member Wolalya llbd if c-:il -ill a paliliclll to llliK IIOl'ea from die list Mayor Bums aid ym. ifdley an: 7,000111111ft IIICI or pms we c:a ay ao . Council Member Olma aid Raa could• be l!ppnMd ..._ tbey ba\'e not signed a letler of imcnt. 111ae AR~ -Spo1W'1 Wardllw • die W, ID dlll lbould not be on the approw,d list Council Member Gnzulit aid* would lile it ID be OIi die ftlCORI tblt she -not in favor of Office Oct* DMJII -ID -big a . TIiey baM a lilc, lllc llid. CGuncil Member Bradlbaw said their site is iD die Udlm .__. _ aad die -,. ma tblt lite c111e111111 go inlo the City cotren. it goes into the Ulllu Rcaewal Boadl. Ms. BralWlaw llid 111c -DIii dlrilled witb Roa, but we do 11111 ba\'e to vote OD it anyway . She said she felt Borden -fine . Council Member Gnzulit agreed dlll Borden -fine . We aid if we bad a Borders we would look at other dliDp. lllc llid. Council Member Bmdlbaw llbd which rataurants would be putting iD outdoor patios. Mr. Loss said they would like all aflban to do 1lllt. 'l'beR aR locatiom OIi tbellc end caps and the Piaua Wbcrc WC think all of tlac would be able ID baM a p!llio, be aid. Mayor Bumi felt Ibey lllould rally pulb for dlll, baaa IMII die rcnderinp WC U\'e bad show a ,...... witb • Ollldoar diailrs-. Mr. Loll llid dley all will definitely want it and we !him it fits in aicdy. OIi all afdlelc, k llid, • felt lberc werc localicml ilr paliol. Council Mealier Badlaw llbd iftbey werc fllkil'I top._ Footwear• all Mr. Loll responded afflralliwly. Ml. Bndaw llid * wmld rally CDCOUJQe tbal, IMII dlougb ii is a llllallcr tcmnt ' . I . 0 - • • Eaglewood City Council Docember 6, 1999 Pa,e 15 J. /' . • ... • - Mr. Loa said lie would like to mention IO!Ddhing to bdp cmpbasi:u: a point Along Englewood Parkway. 11iere-pnilllllly in die neigllborbood of20,000 feel oa tbc 111111h side lhll would be ideal for tbcsc _.._of lbolll 1,200 feet OD tbc 1111111 llide to 3,500 feet. be advised. In addition, depending on wllll lulppall-in fronl of Wal-Man, be said, it is likely lhll we could end up with 8,000 to IS ,000 -fDll dlere. '11111 locllian would allO be the llllallcr telllDls, like Famous Footwear, so there will be aaple applll1aiiity IO Ft Im or fifteen more tenmls in tbc 1,500 to 3,000 foot nmgc. be said . Ma. BmMaw lllbd wllll IIIR-' with Doa Pablo's. Mr. Loa said they are slill an aaivc prospect.. Ms . BnlMaw aid lier COIICCl1I is tbc OIICI lie brougbl back to Council again are pretty much boilerplate . Some afdme ._... af illlmt -dad clear back in May . TGI Friday's wu May 14111, she said, and they liped it a May '106,111 dlll-aot _. -· Couacil Member Gnzulis said lhe -CODCellllld with Ruby Tuaday, TGI Friday's and Bcnnigan 's not bei-, falllily oriealDd, aMI more like._... after wwt for more prolcssional types. She said she would lib IO w --wdring more family oriented, llcllides • lntenlllioaal House of Pancakes, because we all do Diil F to Cbuct E. C-'s. Mr. Loa said, • • Clllllllplc. this .Jollllny Canino '1 is a family style Italian restaurant. Ms . Grazulis said lhll would be pod. and CllllllUl'apd Mr. Loa to F for it Mr. Loss said their goal is a wide variety. and tbcre llloald be -Olm oppol1llllitics for-2,000 foot rataurafttl aloag the parkway, and probably aloeg die -.di PiUD sidc, • 'Mil. He aid tbcy would love to have eight or nine restaurants, but at some paial you line IO be c:oacerlled lbout tbc parking. 111 five to seven is a good number for this project . Ms. BmMaw aid a_.. is Ille delip. It is s--ot lhll whoever goes in must conform with the clelip. ... is pat afdle PUD, sllc llid. Mr. Lem agreed. He felt lhll Direclor Simpson could assure them 11111 6c ert · 11111 is .. ., will villllllly ~ coa.,iiaoa: with the vision . Mayor a... aid ... is wby dley .-S tbc dclign of~ ordinaoa: a couple of years ago, to make ..... w a ,a-. He said, iflle w .mdea-.diug it rigbl. lhal the fim four t.enams liSlcd in tbc letter . ... BIiiy's, -die aly «-1 Council could really II)' DO OD, but dill they could iDdicale their iw•«--We Idled to Baily's in Palm Springl, be aid. 11111 wc felt 1h11. allbougb they do not generate -* lllel llX, dley would be an activity ~.11111 a good number of pc,ople who live there mighl be ....._ Mr. Loa agrccd. He aid it is a ideal TOD us. For a loag lime, tbcre w this DOlion of the ales llX ....... to be coasiden,d, wbic:b is very imponlnt, but -coatinuc: to be very convinocd thal that loc:llioa, aMl llow you acc:ea it in the parbng. would be an CX1laDely difficult retail location, so the Baily 's is a lllbnl, fnlm our .. ilp a inf, lie llid. Couacil Member Gnzulis lllbd, if Baily's -oa tbc aecoad floor, if they would have lhll special Ooorillg. Mr. Loa said )'Cl. they would bave to, and it is a apcc of their design. They need Doors that hold a buadn,d pounds per.,._ foot, wbicb is a ral beefed up floor, to deal with the activities lhll would go Oil. Couacil Member Bradlblw asked iflhll pvc Mr. Loss eoougb direction. He said be guessed so. Mayor Bumi aid be tbougbl they bad one no • this point, bccauae they did DIil know enough about Sponsman 's Waniloule. E-vm IHOP would have to CUDF 1bcir building. be added. CGuncil Member Gam:tt said Ibey did not have to wony about llfOP or Ross, because they did not have sipcd ldlen of imenL Mayor Bumi said the reaolulioa -to accept lllis list, ud the only one on the list they would say no to at this paial w Sportsaal's Wll'elloulc. • ' . I· 0 .]- • • Englewood City Council December 6 , 1999 Papl6 •· ·., • • - • .\ .. Council Melllller ....._ aid die -CXIIICCl'Ded widl the Idler, beca1lle it said a,pies of letters of intent widt la followias .-a. IIUl tllll'e-not ooc widl Roa or DIOP . Mr. Loss said be did not know, tlDdlllic:ally, wllll the defillition of a Idler of infmt was, clcarty thole two arc not signed. Mayor Barlll llid, after CXlllferriDg widl City Attorney Brotzman, that they could not include Ross. Caancil Melllller Olma aid DIOP CXJUld not be included either. The resolution does not talk about letters of--. lie llid, m M ~ to be clear. Mayor Barlll..-S. Widloul a liped lc:acr ofintalt. be said, wc can not include them . Mr. Garrett said _cu, __ ........ Council Melllller a....... abd iftllole aR 1-ically llric:ken dml. Mr. Garrett said WC have three off the lilt. R-. Sportam'1 WardlouK and l.......a HoUle of Pancakes. Mr. Garrett said the question mark -Office Depot. Council Member Olazulil aid die wwlcl llill like to aee • interior view and 1D111C informalion on S,C.-'1 Waftllloule. Mayor 8mm said M aR alto saying. widl Borden and Office Depot, there have to be two 2S ,OOO square foal lmallll in lMR, or the QOlltract widl Miller Weiapnm is aot approved or is tenninalcd. Caancil Member Olma aid be wwlcl wtc for the redlllion, for tllole two . Council Member Bradshaw said* would aim. Mayal' Barlll said the-. -to wee iJr the Rllllutioll widl Borden, Office Depot and Baily's illl::llldDd. AIIO, the ........ except iJr the lull:a.....a ffoUle of Pw:akcs, where WC do not have a liped leaer of inleal. We do DOI have a lliped lc:acr of aelll b Roa, and Sportsman's Warehouse could be, 11111 M jail Wlllll to led at it Mr. Loa aid C.oacil jail aedl more infommtion there . Mayor Bums aid,-Ma),11' Burm 8*cd that the redlllioa be Wfed OD widl the amended list V•nalla: Ayes : Nays: Ablcnt: '111c mlllicl8 caniod. 13 . Clly ............... Council Mcmbcn Gama, Bnidlhaw, Wolosyn, Yun:hick, Grazulis, Buras Nooe Council Member Nabbolz (a) City Ma-,cr Scan rqlOltcd that they have a ldtcr ready to go to Wal-Man. All mcmllcn of Council liped the ldtcr welcoming them to the City, expressing Council's delight that they bavc c:lolocl widl them, and urging them to proceed with displtdl oa the construction of their facility . Mayor a.. aid M llape tllll -,be CVCD a lllft opcaiDg c:an be done at the same time the light lllil apcm. bec:aae tlleir ..i ICWulc wwlcl c:any them into Augult, but poaably we can speed them up a litdc bit. Mr. Seal ...... Mike Miller, ..... dial be really held this wbolc thing toptha to make it happen with Wal-Malt 14. Clly~', ..... '• . ' ', .... I· 0 - • • Baalnood City Council Dec ,. 6, 1999 .... , • --• • ., ,\ .. .. (a) City AIIGIDeJ Bnlb:ma llid be w-1d jail like IO edlo Mr. Sein' a,agralwlbOIIS to Mille Mills ca die Wal-Min c:kJ1iaa. 15. ~ I I MAYoaauus MOVED TO ADIOuaN. 111e ..... -...... 1:47 p.m. .. .. '• ) I· C, • • .. •,, .. ~ ,,-·• • • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . DECEMBER 6, 1999 7 :30 P.M . 1. Call to order . IJ :3-gfY>71 2 . Invocation. !YJaytY) /3/,Uvt/;,(J 3. Pledge of Allegiance . /f)'ltY) £1A..A/X,(J 4. RollCall . fR~(~:~ .... n ;J,I.? ' 5 Minutes. ~-' 6°'~ -a . Minutes from the Regular City Council meeting of November 15 , 1999 . ~ ~ -b. Minutes from the Special City Council meeting of November 22 , 1999 . arr-(p.,.o 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) ., ... a . Diane Gentry and some of her fellow students from Flood Middle School will be present to offer suggestions for improvements to the northeast corner of the school. ~ 7 .~ N-Sch~~ ~,~se limit your presentation to five minutes .) -; -~-~lkn-~.k~~o/ 8 . Com unications , Proclamations , and Appointments .U U / a . City Council will recognize the student artists whose work is featured in the Englewood 2000 Calendar . r. JJ,!i)_" 9. Public Hearing . ~ ~~_,,~f A public hearing to gather input on Council Bill No . 77 , an ordinance amending the ~~fJ,_-I ,, City's ~isto~c Preservation Ordinance.~· ~£f!v, p . .,~ &-0 PINN no1e: It you hllv. • dlNblllty and need auxiliary alda or urvlces, pleaM notify the City of Englewood (303-762-2405) at INst 48 hours In advance of when MrYlc:n are needed. Thank you . • . .. • I I • 0 . ]~ • • .. . \ • • •• .,. •, Englewood City Council Agenda December 6, 1999 Page2 10 . Consent Agenda. a. Approval of Ordinances on First Reading . .,,iv . .,v. COUNCIL BILL NO . 78 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an amended Intergovernmental Agreement with the Arapahoe County E-911 Authority . STAFF SOURCE: Chris Olson, Director of Safety Services. COUNCIL BILL NO. 79 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for South Broadway Abandonment. STAFF SOURCES: Ken Ross, Director of Public Works and Rick Kahm, Capital Projects Manager. COUNCIL BILL NO . 80 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an agreement with the Englewood Lions Club for maintenance of the Englewood Lions Club's Miniature Train . STAFF SOURCE: Ken Ross, Director of Public Works. COUNCIL BILL NO . 81 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving a contract with the Victim Assistance and Law Enforcement (VALE) Board for grant funding . STAFF SOURCE: Susan McDonnell, Victim/Witness Services Coordinator. COUNCIL BILL NO. 82 -Recommendation from the Human Resources Department to adopt a bill for an ordinance amending sections of Title 3 of the Englewood Municipal Code referring to the Career Service Board . STAFF SOURCE: Sue Eaton, Director of Human Resources. b . Approval of Ordinances on Second Reading . i. ii. iii. o-J!13 V. Council Bill No. 71, accepting a grant from the Colorado Historical Society for an Historical Structure Assessment of the Thomas Skerritt House . Council Bill No . 72, increasing the City of Englewood's Non-Emergency Retirement Plan retirees ' benefits by three percent (3 %). Council Bill No. 73, an emergency ordinance amending Title 8, Chapter 2E . Section 2 of the Englewood Municipal Code pertaining to the Uniform Fire Code . Council Bill No. 74, approving Supplement No . 4 to the Valley Sanitation District and Columbine Water and Sanitation District Connector's Agreement for inclusion of land within the Columbine Sanitation District boundaries . Council Bill No. 75, authorizing the acceptance of a grant of property from Arapahoe County. PINM note: If you have a disability and need auxiliary aids or aarvtcea, plNM notify tha City of Englewood (303-762-2405) at least 48 hours In advance of when aarvtcea are needed. Thank you . -. • ' . ', I • 0 • .. • -· .\ • . •,. ... •, -. • • ... ' ~ Englewood City Council Agenda December 6, 1999 Page3 Council Bill No . 76 , authorizing a Qu it Claim Deed for City Ditch right-of-way located at 3697 South Grant Street in Englewood . c . Resolutions and Motions . ,)ii. Recommendation from the Department of Ne ighborhood and Business Development to adopt a resolution approving an application for Community Development Block Grant funding for the year 2000 . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. Recommendation from the Department of Financial Services to adopt a resolution approving a master lease agreement for computer aided dispatch and records management system . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Recommendation from the Library Department to approve, by motion , a contract with Andrews and Anderson fo r Historical Structure Assessment of Thomas Skerritt House. STAFF SOURCE: Hank Long, Library Director. 11. Regular Agenda . a. Approval of Ordinances on First Reading./ b . Approval of Ordinances on Second Reading . ~ n j ~ ~ ~esol::::::::::::s;rom the Department of Neighborhood and Business V.: i, Ojr~ n. ,._ .,j. .~ Q. Development to adopt a resolution authorizing the Englewood Environmenta l ,., flJ,.J Foundation to negotiate a backup position with Legacy Partners for 1 _ ,0 residential development at the CityCenter Englewood site . STAFF IP SOURCE: Bob Simpson, Englewood Environmental Foundation Director. • 12. General Discussion. a . Mayor's Choice . b . Council Members' Choice . A resolution indicating that specific tenants are acceptable to the City of Englewood at the CityCenter development. ~ ~ City Manager's Report . CJ a . CityCenter Englewood Update. PINN nol9: • you haw a dlUlblllty and IINd auxH.-y aids or Nrvicea, plNM nollfy the City of Englewood (303-782-2405) al INst q hours In advance of WM11 Nl'Vlc:H .. needed. Thank you . . ., .... ' ' . I • 0 - • • • ,,,--.\ • ) .. ~f. .. ' ... • • Englewood City Council Agenda December 6, 1999 Page4 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between November 12 and December 2 , 1999: • Englewood Board of Adjustment and Appeals meeting of October 13, 1999. • Englewood Clean, Green and Proud Commission meeting of October 13, 1999. • Englewood Parks and Recreation Commission meeting of October 14, 1999. • Englewood Planning and Zoning Commission meeting of November 2 , 1999. • Englewood Cultural Arts Commission meeting of November 3 , 1999 . • Englewood Liquor Licensing Authority telephone poll of November 3 , 1999 . PINN nota: II you haV9 a cllublllty and need awdllary lllda or ..vices, plMN no11ty the City of Englewood (303-762-2405) at INat 41 holn In advance of wlW'I ..vices .. needed. Thank you. .. . ... . . I . 0 32 . ] • -. ... ~ -· .\ • .. ·~ • • ' Sa ENGLEWOOD CITY COUNCB. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO 1. Call 1o Onler 1)e regular meeting of'tbe Englewood City Council -called to order by Mayor Bums at 7 :35 p.m. 2. Jayautioa The invocalioo WU gM11 by CouDcil Member Nabbolz. 3 . Pledae or ADepaece The Pledge of Allegiance was led by Mayor Bums. 4 . RoUC.U Present CouDcil Membcn Nabbolz, Grazulis, Garrett. Bradshaw. Habenicht. Waggoner, Bums Absent : Nooe A quonun was prcseut. Also prcseal: City Ml-., Sess 5. ...... City Altolllcy Brownan City Clert Ellis Mullicipll Judge Almcio Plaming Amly1l Damcrniller, Neighborhood and Business Devdopmellt Non-Emergalcy RcliJemmt Board Chairman K.1hm Director Black, Parks and R.ccreatioll (a) 111d (b) COUNCB. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTU or THE REGULAR CITY COUNCB. MEETING OF NOVDalR 1, 1"' AND TIIE SPICIAL CITY COUNCll. MEETING OF NOVEMBER I, 1999. Motion carried . 6 . Ayes : Council Members Nabbolz. Garrett, Bradshaw, Habenichl, Waggoner, Grazulis, Bums Nays: Nooe There 1WaC DO IChcclulod visitors . . ~ .. . . . I . 0 • • ,_-. • • - Englewood City Caaacil November 15, 1999 Pagel 8 . c-•llicatiau, Pncleeedee, ud Appoillc-eau .. (a) A proclamalion boaoring Mrs. Shirley Wilson on the occasion of her retirement from Bishop Elemenlary School was coosidlnd. The City Clerk was asked to read the proclamalion in full. COUNCil.. MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING MRS. SHIRLEY WILSON ON mE OCCASION OF HER RETIREMENT FROM BISHOP ELEMENTARY SCHOOL Ayes: Council Members Nabbolz. Garrett. Bradshaw. Habeni cht. Waggoner, Grazulis, Bums Nays : None Motion carried. Mayor Burns, on behalf of Council , 1haokcd Mrs. Wilson for her long-standing service to the Englewood Schools and preselUd ber with the proclamation . Mrs . Wilson thanked Council for the proclamation . She DOied she feels a little bit overwhelmed. as she feels the honor bas really been hers, to work with the Englewood Public Schools . Mayor Burns asked that everyone give ber a warm round of applause . (b) and (h) Mayor Burns presented plaques to depaning Council Members Alex Haben ic ht and Kells Waggoner in appreciation of their service as members of Council. Mayor Bums advised we have two mcmbeB of Council reliring tonight after a number of years of ser. ice to the community . He DOied this is the finl time tbal tam limits have bad an effect on service on the City Council . We are now allowed two tams of four ycan each. be said. Mayor Bums said be would like to begin with Alex Habenicht. He stated Ms. Habenicht h.1s served on th e Culnual Arts Commission. the Wau:r and Sewer Board. the Colorado Municipal League Poli cy Comm itt ee . the Denver Regional Council of Govcnlmmts Board of Directors. the Swedish Task Force , the Tri -Ci ti es Planning Comrnission and the Public Library Board during ber twelve years of service on the Engl ewood City Council . Mayor Bums DOied be bas often said about Ms. Habenicht. if there is an yone in thi s Ci ry who loves Englewood, it is Alex Habeaicbl. Sbc bas done more things for this City, he said, she h.1s worked oo the parade, on a loc of thinp tbal rally mean something to the people who live here , on a very personal basis. Mayor Bums a.cd lbe bas given bcr heart and soul to this conununity. He said he wanted to read from the plaque . ~Presenlcd to Alexandra Habenidu in recognition of her distinguished leadership and conlribution to the community, •Council Member-January I. 1988 to November IS , 1999 and Mayor Pro-Tan -January I , 1990to November II, 1991 and November 13. 1993 to November IS, 1999." Mayor Burns prclClllCld the plaque to Ms. Habenicbl and offered bis congJlllUlalions. He noted she will be sorely missed and that she bas done a woodcrfuljob. Council Member Habenicht said that for thOIC who know her, they know that she is a woman of many words and she was not going to disappoinl them tonight. She conunented that she has really been givin g some thought to this and she did wrile out some comments, because this has been a very meaningful time for ber and she would like the collllllCIIIS CIIICRld into the record. Council Member Habenicht read the following stalCment: ~When I took office for the finl time twelve years ago , I purchased two books : Roben 's Rules of Order and Machievelli's The Prince . One discussed proc:edurc and the other discussed power . Since I was • ·. I • • • Eackwood City C-n N-ber 15, 1999 Pqel 1,. ~ ,-. • - .. ' elected At-Large radler than in a Dislric:t. I decided ID focus my service in the areas of intergovernmental relations and govcmancc. I soon rcaliml thal my vote counts, but only one-sevcntb . 1'1111 games arc played and that effectiveness can be tcmpOrarily compromised by rc:fusiJJg ID play games. Earty OD I made the decision to cast my vote based on bow this adion would effect Englewood citiz.ml now and bow it would effect my children twenty or thirty years from now if they were adult cili7.ens of Englewood. In other words. I tried always to project issues into the future , and based my polition OD bow decisions would best serve the future . The quality of the future that I moa wUlld ID UilUl'C was, if I am not on the Englewood City Council. how does this decision best affect me and my ability ID exercise and maintain my rights, powers and indcpcNlcnce as an individual citiz.en. And tbe quality of life for all citizens in the future should be a s good or better than it is now . I came into office skeptic:al ofburcaucncy. Maintaining a healthy skepticism has served me well in offi ce . I have also learned tbal the O\'CIWbelming majority of individuals who work in the public sector: more specifically the~ majority of people who work for the government arc honest. compassionate . practical , paaiolic. and loyal ID tbe service of citizens and I also discovered that the majority of indhi duals who work in the privaae sector arc booest, compassionate, practical. patriotic and loyal to their own profit margin. I leave offic:c much more ausdial of governmem bureaucracy and much more distrustful of priva te sector bureaucrllcies. My best advisoB have always been die citizens that I represent. When I was a child. my mother taught me about advisoB and advice . It is wise ID seek and listen ID advice from many sources; then it is imponant to make decisions bued on your own best judgement I have been advised on many issues . Some of my most truslt:d advisoB ba\-C oftm dillgrml oa issues, many of them arc here tonight This is the quandary of leadenbip . For m: decisioas took awhile in coming, but ooce made I have been confident in them because I have souglll and a>asidcrCld die advice of many and I have projected the effect of decisions into the future. best lelViDg tbe fulure t-i oa a plliJoloph}' that boaors a government on. for and by the people-life , liberty and die pursuit of ........ In the car, oa die ,ny ID each Council meeting, I have prayed. This is my prayer: Lord, please guide me in all that I say and do in service ID Englewood. Guide my mouth. my mind, my expression. Help me Lord to be an ~ of your will. If you would have me be foolish. then let me be foolish, if you would ha ve me be wise, then let me be wise . But let my actions help aa:omplisb your will, however you will . Amen. I am proud ofmy service to this community. I count. among my contributions to Englewood, the Tri-Citi es effort ID improve the Santa Fe Corridor, die emphasis on improving the South Broadway Corridor, full y engaging in metro wide issues as full participaDIS in the Denver Regional Council of Governments. tJ1c Colorado Municipll League and the Natioaal League of Cities, enhancing love of country. love of community and love of people through empowering more women in political roles through the organmition Colorado Women in Municipal GoYanment. Issues I have led are keeping Police and Fire dispaU:b in Englewood, limiting the proliferation of pawn shops, convening municipal leaden in die metto area ID build cooperarive support ID address light rail in the Southwest Conidor and other tnlllpOrtltioa issues in otber cities, pRVCDting increased tolerance for so calJcd adult busineslcs in our 8-1 and 8-2 business districts and maintaining and providing more recralioaal and cullllllll programs for cilimll and youth and ellablisbing a Cultural Arts Commission. Citi7.ens put all these ideas into my bead. Staff' memben made it possible for Council ID address these illUCI objectivdy and Council members brought collective wisdom ID resolving these issues. Wow. The l)'llml works when you work with die system. • ~ .. . I • 0 - • • • Eaclewood City COIIKil Nowaber IS, 1999 ••• • ,..-. • • - .. ' To all the citizens, Slaff' and Qiuncil members I want to thank you for helping be a pan of this. I would liu to name some people spcc:ifically . I know ii is dangerous to make a list, because sometimes you leave IOllleOIIC out or you ovedook -,ae. It is like tla four-leaf clover. But I am going to take this oppoltllllity to just mme some mmcs bec:alR it is imponant to me . Finl tboee whole memories I wish to honor: Gus Gucnm. Walt Tomooka, Packy Romans, Linda Allen. Anne S1rect, VIClOI' Nilml, Vena Mana. Jim Taylor, Shorty ResJey , John and Shirley Mullen. Marj Kerswill and a.tie Grimm. Former City employees thal I have worted with : Kells Waggoner, Sharon Winkle, Adeline Cz.amey, Linda Martin, Pam Pepper, Jacque Wcdding-Scon. Cbuct Reid, Randie Barthlome, Chuck Esterly, Lee Merkel , Dana Glazia, Pat Crow, Margaret Freeman, Al Stanley, Sally Heckers. Dorothy Dalquist, Sarah Spaulding. Thank you also to the members of Englewood's Boards and Commissions and a special thank you thanks. rec:ognitioa. ldmiralioo and respect to thc following individuals "1lo have been my mentors. my helpers, my inspiralions and my taskrnasttrs. Some of them arc sitting right here at this table and they know who they are. George Allen, Mary Dounay, Jeanie McWilliams. Mary Castle. Tony Apodaca. Bill Brobst. Janet Spangenberg. Dori Nar.areaus, Ama Marie Krau.er . Amemarie Leonard. Cheryl Shoop. Sheryl Webber. Bill Naylor, Cabcrine Fischbach. Km~ Linda Coho. Tom Gerlick, John Gcrlick, Jess Gerardi . Rosemary LaPona. Bob Powell, Gerry Ganner, Tua Ausfahl. Roscoe Davidson. Jane Hansberry, Gulley Stanford, Ken Bueche, Sam Mamet, Lorraine Anderson, Margaret Carpenter, Tom Blickensdcrfer, Bri an Vogt. Tbrec City Managers who in my mind 11111d out as models for the profession : Acting City Manager Pete Vargas, Acting City Manager Siu Fonda and City Mauger Gary Scars. I am \'Cl)' proud and imprCSllCd with all of our depanmcnt heads. pas! and current However. for length of service and involvement in major issues tlm I have been involved wilh. I must single oul Jerrell Black and Bob Simpson. Both these gentlemm IR models of inregrity, courage. vision and commitment to excellence, ciliz.ens and their professions . Special kudos and thanks also to Rick Kabm. Dave Lee , An Scibdli, Mark Graham, Dorothy Romans. Pauleua Puncerelli, Cathy Burrage, C.wolyn Licbaer, Bob Moore, Gary Condreay, Mike Swan, Nancy Fritz, Lou Ellis, Gary Hultberg. Pa Jurgens. Our City Attorney Dao Brotzman and everyone in his office. Also, David Hill, Joe Tom Wood, Martin Semple . No Council member can serve any length of time in office without recognizing the many , varied and significant contributions of Sue Bradshaw, most recently Cyndie Walkins and Leigh Ann Hoffhines. I also want to acknowledge the Council mcmbcrs I have served with over the years. Joe Bilo, Susan Van Dyke, Gary Kozacck, Bill Clayton, Roger Koltay, Rita Hathaway, Erika Byrne, Onie Saunders. Cl yde Wiggins, Tim Bullock, Sheri Gulley, Tom Bums, Kells Waggoner, Al Vormiaag, Mitch Waldman, Lauri Clapp, Ano Nabbolz, Bev Bradshaw, Doug Garrett. Julie Grazulis. And also to our elected Municipal Judges Lou Partinson and Vince Almcio . Special !hanks you to all the members of the media, cspcc:ially Tom MUDds. And a very special lhanlt you to the members of my family . My brother and sister-in-law Bill and Jeannie. my brother, my father-in-law, my nieces and nephews. my daugbl.ers, my son-in-law and especially my husband Chuck, he is my best friend • ~ .. I • 0 • • EqlewNIII City~ N-"er 15, 1"' Pqe5 .,.-. • • - .. Also, I would like 10 cloae by saying 10 the newly elec:tcd members of Council, Olga Wolosyn and Mike Yurtbick, thal I extmd my bean)' coagralUlaliom and best wishes for exciting and fulfilling times ahead. Thank you." Mayor Burns, n:mpizing Kells Waggoacr, advised dlll be bas sem:d on the Englewood Down10wn Devdopmem Audlority, the Pam and R.ecrealioo Commission, the Ecooomic Demopment Coalitioa. the School-City Joint Committee and the Utbla RalcMI Aurbority and for twcDty-six years be was the Public Worts Director for the City of Englewood. Mayor Bums DOied that dlll coastituleS tbiJty-four and a half years oC service 10 the City of Englewood. which is just a remmbble record. Mayor Burns read from the plaque. "Praeafrd 10 Kells Waggoacr in rax,gnilion oC bis distinguisbcd leadership and contribution to the community,• Council Member-Nomnbcr 15, 1991 to No\'cmbcr 15, 1999." Mayor Bums congratulated Council Member Waggoner. Council Member Waggoner asked if be coalcl make a speech . Mayor Bums told him he could go right ahead. Mr. Wagoner DOied be can't ad lib very well, so be wrote out some things. After releasing a lengthy papcrcloc:ument, be said, tmgue-ilH:beek, dlll be wu bom ... no, you don't...ob, I moved to EngleM,od ... DO you cloo't --to go back dlll far ... ob, I wcnt 10 wort for the City it says bcrc. Actuall y. Council Wagoner said, the fint two big jobs be bad were, oot only continuing the paving districts. but we didn't have a bridgc at Union Avmue and we didn't have a bridge• Dartmouth Avenue . He noted we had a Mayor's coffee al dlll time and ti-were the fina pR!jects be bad and we have gone a long way since tben,justa long way . Mr. Wagoocropined Iba we have a very good City, a very nice City. everybod y seems 10 help everybody cbe. Council is great and Ibey work together and staff' is just excellent He tbanbd ewryone. (c) Mayor Bums asked the City CJcrt 10 read the list of newly clcctc:d Council Members . TboK IDDCIUDCl'ICI, Council Member Dillrict I Ano Nabbolz, Council Member District 3 Julie Grazulis. Council Member At-1..arJe Olp Wolosyll and Council Member At-Large Michael Yurchick. were then sworn in by the Honorable Vince Alcncio. Englewoocl Municipal Court Judge . (d) 1bc new members oC City Council were scaled in their temporary seats, after which the City CJcrt called the roll, with the following raults: Absent : A quonan was praent Council Members Nabbolz. Grazulis, Gam:n, Bradshaw, Wolosyn. Yurdlick. Bums None (e) Mayor Bums called for nominations for the office of Mayor. COUNCIL MEM8ER WOLOSYN MOVED, AND IT WAS SECONDED, TO NOMINATE TOM BURNS ,OR 'IRE omCE OF MAYOR OF 'IRE CITY OF ENGLEWOOD. Ayes : Council Manbcn Nabbolz, Gama, Bradshaw, Wolosyn, Yun:bick. Grazulis, Bums Nays: None (f) Mayor Bums called for -inalions for the officlC of Mayor Pro Tem. COUNCIL Ml:MRR YUaCIIIClt MOVED, AND IT WAS SECONDED, TO NOMINATE BEV BIIADSIIAW ,OR 'IRE oma OF MAYOR PRO TEM OF 'IRE CITY OF ENGLEWOOD. Ayes: Council Manbcn Nabbolz, Gama, Bradshaw, Wolosyn, Ywdlict, Grazulis, Bums Nays : None ) I • 0 • • -. lrl'-1 City Cwil "-'-er 15, I"' ,., Molioa carried. ...... .. • • ,.,--· • .. • -' oo Mayor Burm lllled 111cy 1W0111c1 mm the tmlpOIWy se.atiD& ror t11e new Council amnben, tbeirpe1_...,_.....,.. (h) 'Ibis Ap:ada Item -..._. plfflCllllly. Sec pqes 2 duougb S. (i) Family lllelllllen ad .... of City QJum:il members were inlroduccd. (J) Coallcil r--,d • 1:02 p.a. far I bric( recepCion. The mceuag reaNMDCd • 1:30 p.m. widl all QJum:il members present 9 . l'lllllic Ilaria& No public a-iag -ICbedaled bcift Qium:il. 10. C...A..- COUNCO. MEMaal GADrlTMOVID, AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITDIS 11 (a) (i), (ii), (ii), (iv), (v), 10 (II) (i), (ii), (iii), fw), (v), (vi), (vii), (viii), (b), AND II (c) (i), (ii), (ii). (a) .Appnwal of Ordi-=es on Fn Reading (i) COUNCIL BIU. NO. 74, INIROOUCED BY COUNCll. MEMBER GARRE'IT A BIU.. FOR AN ORDINANCE APPROVING SUPPl.EMEJIIT NO. 4 TO 1lfE VALLEY SANITATION DIS11UCT AND COLUMBINE WA'IER AND SANIT A110N DIS11UCT CONNECTOR'S AGREEMEm' FOR 11IE INQ.USION OF LAND Wl11IIN 1lfE COLUMBINE SANIT A 110N DIS11UCT BOUNDARIES . (ii) COUNCIL BIU.. NO. 75. INIRODUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN ORDINANCE AU1HORIZING 1lfE ACCEPTANCE OF A GRANT OF PROPERTY FROM ARAPAHOE COUNIY. (iii) COUNCll. BllL NO. 73, INIRODUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN EMERGENCY ORDINANCE AMENDING 1Tn.E 8, CHAPTER 2E , SECTION 2, OF 1lfE ENGLEWOOD MUNICIPAL CODE l91S . (iv) COUNCll. BIU.. NO. 71, INIRODUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN ORDINANCE AUJHORIZING 1lfE ACCEPTANCE OF AN IN'IERGOVERNMENTAL GRANT BETWEEN 1lfE CTTY OF ENGLEWOOD, COLORADO AND COLORAOO IDSTORICAL SOCIE1Y TO FUND A IDSTORIC STRUCTURE ASSESSMENT OF 1lfE 1HOMAS SKERR11T HOUSE LOCA'IED AT 3S60 SOUl1f BANNOCK STREET. • . I· 0 • • EqlewNil City~ N-a-15, 1'" Pqr7 • • - (v) COUNCil.. BILL NO . 76, INTRODUCED BY COUNCIL MEMBER GARRE'JT A BILL FOR AN ORDINANCE AtmfORIZING A QUIT CLAIM DEED BETWEEN ADAM AND KA 1llERINE LOUISE MUUJIDY AND 1llE CITY OF ENGLEWOOD, COLORADO FOR 11 SQUARE FEET OF 1llE CITY DITOI RIGKI'-OF-WAY LOCATED AT 3697 SOU'lll GRANT S11lEET, ENGLEWOOD, COLORADO, AND A LICENSE AGRF.EMENT TO CLARIFY 1HE LOCATION OF 1llE CITY DITOI RIGKT-OF-WAY . (b) Apprc,Yal at Ordiomal OIi SOClOlld ltadiDg (i) ORDINANCE NO . 59, SERIES OF 1999 (COUNCIL BILL NO . 58, INlllODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF 1llE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN 1llE CITY OF ENGLEWOOD. COLORADO . AND EST ABUSHING A MilJ.. LEVY FOR 1llE ENGLEWOOD DOWNTOWN DEVELOPMENT AtmlORITY. (ii) ORDINANCE NO . 60, SERIES OF 1999 (COUNCIL BILL NO . 59. INlllODUCED BY MAYOR BURNS) AN ORDINANCE ADOPTING 1llE BUDGET OF 1llE CITY OF ENGLEWOOD , COLORADO, FOR 1llE FISCAL YEAR 2000. (iii) ORDINANCE NO. 61, SERIES OF 1999 (COUNCIL BILL NO. 60, INlllODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 1llE CITY OF ENGLEWOOD, COLORADO, IN 1llE FISCAL YEAR BEGINNING JANUARY I , 2000, AND ENDING DECEMBER 31, 2000, CONS111UI1NG WHAT IS TERMED 1llE ANNUAL APPROPRIATION BILL FOR 1HE FISCAL YEAR 2000. (iv) ORDINANCE NO . 62, SERIES OF 1999 (COUNCIL BILL NO . 61, INlllODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE OF 1HE CITY OF ENGLEWOOD, COLORADO, AMENDING ORDINANCE NO . 53, SERIES OF 1999, REGARDING PAVING DISTRICT NO . 38, SPECIAL ASSESSMENT BONDS . (v) ORDINANCE NO. 63, SERIES OF 1999 (COUNCIL BILL NO . 65, INlllODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO . 145 TO 1llE SOU'lllGATE SANITATION DIS11UCT CONNECJ'OR'S AGRF.EMENT FOR THE INCLUSION OF LAND W11H1N 1llE DIS11UCT BOUNDARIES. (vi) ORDINANCE NO. 64, SERIES OF 1999 (COUNCIL BILL NO . 66 , nmtODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING A ·SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION Of OIEIUlY IDLLS VILLAGE wml WATER SERVI~ FOR 1llE PURPOSE OF JN<1Ul)ING 1llE ·VIKING DRIVE WATER LINE" WITHIN 11fE CHERRY HILLS VILLAGE WATl!R SERVICE BOUNDARIES. • .. I . 0 • • • I' " ..... City Cwil Newaller 15, l"' .... -~ ,. ----• • -.. (vii) ORDINANCE NO. 6S, SERIES OF 1999 (COUNCil.. Bll.L NO. 67, INI'RODUCED BY COUNCil. MEMBER BRADSHAW) .I ., AN ORDINANCE OF 1HE CTIY OF ~OOD. COLORAOO AU1HORIZING AND APPROVING 1HE LEASE-PURCHASE OF COMPl1raR AIDED DISPATCH AND RECORDS MANAGEMENI' SYSTEMS EQUJPMENTFOR 11IE CTIY. (viii) ORDINANCE NO. 66, SERIES OF 1999 (COUNCil.. Bll.L NO . 68, INTIU>DUCED BY COUNCIL MEMBER HABENIOrI) AN ORDINANCE AUI1IORIZING 11IE MCOl'ffllACT AMENDMENT #I" TO 11IE INTEROOVERNMENI'AL AGREEMENT BE1WEEN 1HE CTIY OF ENGLEWOOD , COLORADO AND 11IE STA'IE OF COLORADO FOR 1HE USE AND BENEFIT OF 11IE DEPARThffiNT OF 11lANSPORTATION (CDOI) FOR 11IE CONS11lUCTION AND FUNDING OF THE PROJECT TO WIDEN AND CREA'IE MEDIANS ON BROADWAY BE1WEEN U.S. 28S ANDY ALE A VENUE IN 11IE CrTY OF ENGLEWOOD . (ix) ORDINANCE NO. 67, SERIES OF 1999 (COUNCIL BILL NO . 69, INTIU>DUCED BY COUNCil.. MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMEtn' AL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND 1HE REGIONAL TRANSPORTATION D1S11UCT, REGARDING ENVIRONMDn'AL ASSESSMENT. (c) Raoluliam and MaCiaas (i) RESOLUTION NO. 91, SERIES OF 1999 A RESOLUTION AU'IHORIZING 1HE ENGLEWOOD PUBLIC LmRARY TO IMPLEMEtn' THE ANNUAL MFOOD FOR FINES" PROGRAM FROM NOVEMBER 16, 1999 lllROUGH DECEMBER 17, 1999. (ii) PURCHASE OF A TVVANFORINSPEC110NOFTHE SANITARY AND STORM SEWER SYSTEMS FROM WILLIAMS EQUIPMENT COMPANY IN THE AMOUtn' OF S33,99S .OO . (iii) MAINJ'ENANCE COl'ffllACT FOR JENBACHER ENGINE GENERA TORS . Ayes : Nays : II . lleplar~ CQUIICil Members Nabholz, Gam:tt, Bradshaw, Wolosyn. Ywdlick, Grazu1is, Bums None (a) AppnMII fl<>nliaam OD Finl ltadiDg (i) J11a1iaC Aalyll Dwwmiller prCICllllld a ,........mrndatioo from lbc l>c:putmm flNeipbodlDod al Bai-. ~J C CO adapt a bill for a ontiaDce ammding lbc Cicy's Hilcoric Ptw.-.. OldiaDcc ad ID at a pablic 1-iDg for Dea:mber 6, 1999 co pcbcr public iapuc OD dlil ias. SIie advilld,.. wida die ai:piaion fl she Sbrriss How. CQUIICil bad n,quesccd lbc ' . . " ~ .. I . 0 --------------------·-.---~------------------------------ Easkwoad City C-U No-lier 15, 1999 ... , e • -.. ~ al bow to bell preserve this landmlutt and additionally safeguard some other historic rroperties . Ms . Damnnilkr lllled they would also like to promote the cultwal and educational benefits of historic praervalioa and fOlla civic pride in the lepcies of the past. The creation of an historic presen'lllion ordilmlCC will target Ibis issue. sbe advised. Such ordinaooes may vary from simply designating properti es to crealiDg wbar is c:alled a a:nified local govanment, which is a somewhat arduous process. where you raiwrc extemnic ~ and limit property modification on these properties. So . she DOied. laking inro aJIISideraioo the goals !bat were menlioocd above , staff puts fonh an ordinance that simply designates hiltoric proper1ies as hiSIOric laDdmarb. du making these properties and districts eligible for Srate Hi5loric:al Funding or paa1S from the HislOrical Society. The ordinanc::e preseotcd creates a volunrary dcsignalion pnx:e11 only, aldlougb in a cli5lrict it requires two-thirds majority as opposed to 100"/o majority, with no mandatory n,quiranaU for review of any modifications on the properties. In order to gain dcsignalioo, a struc:ture must be aa least 50 years old and OOIIDeCted to significant historical events. embod y certain architcctural chanctcristic:s or rdJcct cultural, political or social history of Englewood. Simpl y put . she said, this ordinance will allow properties to be designaled. but does not put any further restrictions on the property. The sboru:oming is simply thal property owners may modify their properties \\ithout m icw and, possibly, significant historical cbaractaisaics may be altered. However. she said, it is imporraot to note that privately owned properties that request grant funding to improve the properties for private use arc the lowest on the priority list, in tams of funding. So this may not be an issue. Typically. with publicly beld property, as in the case of the Skerritt House. the simple designation of an ordinance is suffici enr fo r pant funding and they are higher on the list of priorities because they are public properties. as opposed to private property owners fflQUClling grant funding. Ms. Dannemiller advised that they researched the pracrvalion efforts and procedures in other communities, both within Colorado and outside of Colorado. and they have provided input to the Planning and .loning Commission and they have refined the ordinance . which will craac this volwury property designation. She advised that the proposed ordinance was passed by the ~ and 1.oning Commission on October S, 1999 and was forwarded to Council for CXIIISicknlioo lOlligbL She offered to answer any questions. Council Member Garmt said be wanud to ask for clarification, that she said something about two-thirds. 8ccaule, be pointed out, it says that nominations cannot be appnMd unless the applicant has written approval from at lcasl 100"/e. Ms . Dannemiller explaiDed tbat they have a dr.lft ordinance. which was probably not suppolCd to be included in Council's packet. tbal it was mostly for reference and that went to Plaaaing and z.oning. She said the actual ordinanc::e Council will be aaing on tonight is titled "BY AIJTHORITY" and basically ii should say two-thirds property owners within a district. She said perhaps be -looking al the dr.lft and she noted tbal was her fault for including that in there. as it was just for th ei r rcfercncc to kind of see bow they proceeded through the process. Council Member Garmt DOUd one individual can bring in the application, but before it is approved you must have lWIMhirds. He asked why isn't the two-thirds required before the application. Ms. DannemiU er saaicd that the two-ehirds QllllClll of the property owners is required for the application to proceed. but it doesn't neccssarily have to be publicly repraentcd by twCHhirds and an individual may speamead the dl'on al a dislrict, bring that applicalion in with two-thirds of the majority of the district signatures on the applicalion. Council Member Garmt said be apologiml as be read the dr.lft and the way the dr.lft reads was that one ~ can make an application, but then the applic:alioo won '1 proceed without the two-thirds. He commcolCd that dial wms lilrc a two 11ep process. when the applicalioo should be accompanied by two- dlirds. Ms. n.-ilkr said ya. dial is the way it is planned to proceed in the actual ordinance. The City Ciak -asked to read the aJUDCil bill by tide : COUNCIL Bill. NO. 77, INllWDU<E> BY COUNCll. MEMBER NABHOLZ • • I • • • -• Ellpewood City Coaacil NOffaber 15, 1999 PqelO • • • - .. .. A Bll.L FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER. 4, WI11{ lllE ADDmON OF A NEW SECI10N 24, EN1TI1.ED IDSTORIC PRESERVATION, TO lllE ENGLEWOOD MUNICIPAL CODE 198'. COUNCR. Ml:JDER N.u&OLZ. MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITl:M 11 (a) (I) • COUNCR. •ILL NO. 77. Motioa c:anied. Aya: Council Members Nabbolz, Gama, Bradshaw. Wolosyn, Yurcbick, Gnzulis. Bums Nays : None MAYOR •UllNS MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON COUNCR. •ILL NO. 77 ,OR DECEMBER 6, 1999. Aya: Council Members Nabbolz, Garrett. Bradshaw, Wolosyn. Yun:bidt, Grazulis, Bums Nays : None (ii) Rick Kahm. Cllairman of the Non-Emergency Rc:tiremcot Board presented a RXXIIIIIDClldll from the Department of Financial Services to adopt a bill for an ordinance increasing the City of&glewood's Noo-Emcrgcacy RetiraDeat Plan mirees' beoefits by three pc:ra:01 (3%). Mr. Kabm Clq!laincd that Financial Scrvic:a Direc:lor Gryglewic:z bad a conflict this evening and asked that be sit in for llim if it was acceptable to Council. Mayor Bums aid very much so . Mr. Kabm explained that earlier this fall the Rclin:meal Board .a..c-:becl Council with the Deferred Oplioa 1'1111, the DROP Plan. Wbea they wae loolwlg • tbll pla. be aid. most DROP Plans that had bcal illllilulad around the CIOUIIIJy MrC five.year plaa. He ad\wd tbat they analyzed that plan and rcalizlCd tbat the five.year drop was piing to COil the plaD llboat $200,000 a year. Al thal time the Rdiremem Board poUod the employea of the City and they oplDd to ha\'e III approach Council for a three year plan. wbicb alllS less dim 50% of the five year pla, widl the idea tbat tbat would leave money available so they could do ad boc COil of liviDg mc::ra.s for the mirees. Cost of living is not built into the bllic plan. be said, and whal we ha\'e bcal Ible to do owr the years, is every two or three years. as money is available, they come to Council and do COil of living on • ad boc basis for the mirees. lo this instance . be explained. they haven't done aCOll of living since Jamy I, 1996. So wha they are recommending at this time, be said, would be an inaalc of 3% for mirees wbo retired befo~ January I, 1999 . Mr. Kahm SlalCd they would actually like a lialc more of an inaalc for miRa, but they want to wait until next year, ha\'e an actuuial Sbldy done and 111e where the plan is in ligbl of the Ouc:tuatioas in the stock market and those things and make sun: we can afford it. The City Clerk was asked to read the c:ouncil bill by title : COUNCIL Blll. NO. 72 , INJ'RODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING 1TILE 3, CHAPTER. 6, SECTION 7, SUBSECTION 7, OF lllE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF lllE NON-EMERGENCY EMPLOYEES RETIREMENT PLAN AND D.UST. COUNCR. Ml:JDER •llADSIIAW MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA mM 11 (a) (II) • COUNCR. •D..L NO. 72. Aya: Council Members Nabbolz, Gama, Bradshaw, Wolosyn, Yurcbick, Gnzu1is. Bums .. . ' ', I . 0 • • ,,,... • I• ·,, • ., i:qlewood CICy c..u Nowaber 15, I"' ... 11 Nays: None Motion carried. Mr. Kahm thanked Council OIi behalf of the retirees. (b) Approya1 of OrdinaDccs 00 Second Reading ' .\ 'Ihft were no additional items submitted for approval oo second rciding. (Sec Agenda Item 10 • Consent Agenda.) (c) Raolulioos and Motions (i) Director Bladt prcsemed a recollUDClldimon from the Cultural Arts Commission to applU\'C a llllllicm to IIIIICb funds for an Arts CCDICr Feasibility Study. He advised that, on behalf of the Culbnl Arts C'ommillion, ltaff is recommending that City Council award, by motion. matching funds of Sl,500 tor a~ plan• part of the Cultural Arts Center Feasibility Study . He said be wanted to give a liaJe ~ Back in 1996 the Cultural Arts Commissioo was formed and one of the first charges to tbal poap -a fundraising effort for money to do a feasibility study on the Cultural Arts Center. At that lime. Council qfflCd to mau:h the funds up to $25,000 . The fundraising effort started, be said. and auready tberc is Sl,500 in an account for that. As that began to progress, the redevelopment of Cinderella City bepn to progress as well, with the cultural space OD the second floor. so this study itself has been ~ But, be noted. in the last few months it bas started moving again and they think that now is the appropria ~ for dial So from the Cultural Arts Commissioo they are requesting S2.SOO to maleh the Sl,500 lllll is ill a -account for a SS,000 study OD a business plan for the Feasibility Study. Mayor Bwmasked bow long it will talle to complete this study, if Mr . Black bad an idea of what the time liac ii. Dinclor Black aid bis guess would be several months. They haven't sat down to di5CUSS the timeliDe OD tlllL Wllll dley do with the funding beR, is sit down and go through the scope of services and pul a coanct IOplber witb a timdiae as well. But, be noted, their guess would be several months. Council Member Olma aid dley MR told ll a Study Session that the goal was to try to come back to Council next Aupll with a final plan . He asked if it was still within that timeframe that they hope to do a fellibility study and thCII come bldt to Council next August. Director Black said be thinks that timeframe is appruprialc . Council Member Wololyn advillld dlll Ille thought it was actually Sepcember, that in August it would be a,mplccc and the Cultulal Arts Comminioa and would come to Council in Scpcember. COUNCB. MDIRJI S8ADSIIAW MOVID, AND IT WAS SECONDED, TO AUTHORIZE S2,!GO .AS MATCH JOR 111E CUL11JIIAL ARTS COMMISSION FEASmn.ITY STUDY . Ayes : CounciJ Members Nabbolz, Garrett, Bradshaw, Wolosyn. Ywdlic:k, Cilazulis, Bums Nays : Nooe (ii) Director Black pramcd a ra:ommendalion from the DepartmcDl of Financial Semcel to adopt a l'Cllllutioa approving a ....,ie,nc,,ial approprialion for the Cultural Arts Commission to llllldl ftmdl for an Arts CCllfa' FClllibility Study. He explaiDcd tbal tbis a recommendalion for a ...,,.. m rnl appoprialioa from the unraerved, undcsipared fund balance for the S2,500 , as part of the ~molioa. 'Ille raoluliall -aaiped a IIIDber Ind read by title : . ' I . 0 • • -. Eapewood City C.acil N-ber 15, 1999 Pqell -.. .. RESOLt.mON NO . 99, SERIES OF 1999 .. ~ ,..,--·· • • -.. A RESOLlITION APPROPRIATING FUNDS FROM 1HE 1999 BUDGET. .I .. ... COUNCD. MEMBER WOLOSYN MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 9', SEIUES OJ' 1"'. Motion carried. Ayes : Council Members Nabbolz. Gama. Bllldsbaw. Wolosyn, Yurc:bic:k, Grazulis, Burm Nays : Nooe 12 . Galeral DiKaaioll (a) Mayor's Choice (i) Mayor Bums annouaa,d tbc:re will be a Special City Council mc:cting held on No\'Clllber 22, 1999 at 7:00 p.m . to review the Muscwn o(Outdoor Ans proposal and for public input in that process. (ii) Mayor Bums said Council will recall approving a budget for Council Member Nabbolz to amend the NLC Coafercncc in Loi Angeles. He said be bas one similar that is not as expensi ve. but be is not plaaaing to go • long. He paSICld out the memo lisling his amicipatcd expenses . For the benefit rl the new Council members, Mayor Burns explained that the travel arrangements have to be appnMld by Council . Mayor Bums DOied be Ills a rew clays of lodging and meals and, actually. they think the airfare is CXllllidmbly lell ti-S550, bul tbc:re is a lialc bit or c:usbioa in tbc:re in case some changes occur. He reqUCllOd approwl rl tbis bud,et for his attendance at that confcrmcc . COUNCD. MEMBER NABBOLZ MOVED, AND rr WAS SECONDED, TO APPROVE MAYOR BURNS' ATTENDANCE AT THE NLC CONRRENCE NOVEMBER 30 THROUGH DECEMBER 4, 19'9 IN THE AMOUNT OJ' $2,105.00. Motion carried. Ayes : Council Members Nabbolz, Garten, Bradshaw , Wolosyn, Y un:hick, G111zulis, Burns Nays: Nooe (b) Council Member's Choice (i) Council Manbcr Garrett: I . He said, as they vote on variOIII people and the cxpcndirurc of funds to go to conferences, that he tbougbl it would be bclpful, for the ru:ord, if the person who is asking stalc5 what it is, wh y Ibey want to go and what the benefits arc to Englewood. This should be for the record, be said, so the people Wldcntand why they arc approprialing DMmCS . Council Member Nabbol.z aaed if be means prior to coming back and filing a report. Council Member Garrett said yes, becaUlc Council's apprvviDg the funds today and it would be aicc. He DOied Council knows why it is a good tbillg to go, but be tbougbl ii would be bdpfid. .. . ., . • I . 0 • • • Ea&teweod City c-il No-lier 1s. 1999 Pqe13 ,. ~ ,.-. • • - .. .. .. 2. He said he has son of an obllervalioa . Thal he is worried that they are getting caught up in form over subllance with their mocions. Mr. Garrett lllid if they want to they can sit down and figure out the best thing to do. He swed he is just worried. Council Member Bradlbaw com!MD!ed tbll everybody is llyiDg to go cxactly by the Council Procedure Manual and that is wllal is causing il Coullcil Member Garrell said we do that and then we say no . ii is 001 quite right. He lllftd he just tbinks Council is paiDg a liUle bit too procedural oriented. Mayor Bwm said he tbougbl tbll oa reeolUlioas they haw to give them a number. Council Member Gam:u said no, you doa 'L The book ays you say I move item blank and then the aert assigns the number. Mayor Bwm said if the Clcrt am keep track m it tbll way thal is fine. City Cler\ Ellis said sure. she can do thaL Mayor Bwm ootal he jllll lhougbt they were doing it mainly to make sure we had them stra1 gl11 and didD 't get coafua,d about the numbering. Mayor Bums stacd tbll was a good suggestion. 13 . City Muaarr'1 ltepol1 (a) City Manager Sean rcoommeodcd that Council go into Executive Session following th e regular City Council mceting to discuss real c:stalC matters regarding tenant selection and a renew of the residential developer. Mayor Bums ootal Council would hear the City Attorney 's report and then come back to a motion to adjourn to EXCIClltM: Seaion . 14. Cky~',.,.... (a) City Attorney BIOIZIDall fflXIIDmcodcd the appoiotmcol of Mart May as Special Counsel regarding condcrnoatioG m property . He advised tbll this is the waste transfer property, the Zigan property. He said he docs not have the appraisal in band from the OIJP)ling c.ouncil. bowcvcr, the amount is going 10 be significantly higher than the City's appraisal . Significant being over a million dollars higher, he said. Mr. Brottman advised it is his WlderSlallding that the reason it is so much higher is that the City and Mr. Zigan could probably come to terms as to the value of the property, bowevcr, Sheridan's approval increased the value of the property and that is the significant difference between the two appraisals, which is bow they are valuing that special use on that property. City Attorney Brotzman stated that Mark May is a condemnation oounscl and he is a very good c:ondcmn#ion counsel . He requested a motion to approve Mart May as COUllld for the City in that regard. COUNCil. MEMBER BRADSHAW MOVED,AND IT WAS SECONDED, TO APPROVE MARK MAY AS SPECIAL COUNSEL ON 11IE UNION A VENUE MA 1TER. Ayes : Couacil Membcn Nabbnlz, Oanctt, Bradshaw, Wolosyn, y urc:bict, Grazulis, Bums Nays: None • •••• RdumiDg to the CityCcatcr update, Mayor Bums llid be -.Id emertain a motion to go into Executive Smioa to dilcua real Cllale .......... -ldeclioa 111d residealial development • • I • 0 - • • • ~CllyC-'l Newaller 15, 1"9 .... , • • • • •• .. .. ' comrcn. MDIBlt allADSIIAw MOVED, AND rr WAS SICONDU, TO ADJOURN TO mc1JTIVE DSSION TO HK:USS UAL UTATE MATl'DS, TENANT SELECTION AND USIDDTIAL DEVD.Ol'IDNT. Ayes: ComK:il Mcmben Nallbolz, Gama, Bradlbaw, Wolosyn, Yan:llick. Ciazalia, Buras Nays: Noae Mayor Burm 111111111 ... Camcil may -back with IOIDe nmrnmc:ndMicm after die Exeadivc Session . Council leccaed ll 1 :52 p.m. b Execuliw Scllioa. 1bc meedllg nxxia.aiod It 10:20 p.m. with all Coaacil mcmben pl'CIClll. comrcn. MDIBlt allADSIIAw MOVED, AND rr WAS SICONDED, TO LEA VE mc1JTIVE Sl:S.flON. Ayes: Nays : ComK:il Mcmben Nabbolz, Gama, Bradlbaw, Wolosyn, Yurdlic:k, Ciazalia, Burm Noae ••••• Mayor Buras 11ft aaucc of a Special Meeliag OD Now:mber 22. 1999 rqarding die residcatial developer ofdle ~. ill addilicm to MOA. 15. M,llaa 7~-10-.n.--•IO clOp.m ~ ' . , .. .. I . 0 3 -------------~-----------~----ca .• r------------------------------- • • 1. CallteOrder G 0 - INGUWOOD CITY COUNCIL 1:NGLIWOOD, AllAPABOI: COUNTY, COLOllADO Nowealler 2l, 1"9 Sb 1bc special mceling of the Englewood City Council -c:alled to order by Mayor Bums at 7 : 13 p.m. 2 . lllvecadea 1bc iDvocatioo was given by Mayor Bums. J . l'ledae or AUepuce 1bc Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present Absent : A quonan was present. Also Present 5 . hblicC--c Council Members Grazu1is, Gam:tt, Bradshaw, Wolosyn, Yurchick, Burns Council Member Nabbolz City Muqer Sc.-s City Aaomey 8IOIZmal Dquy City CJat Came AllillaDI Cily Manager Flabaty Direaor Simplon, Neigbbodlood and Business Development (a) Mayor Burns advilcd tllal the purJIOIC oftoaigbt's mceling was for the second reading and public commenl on Couacil Bill No. 70, an agreemcm and sublease with the Museum of Outdoor Arts for space at the Englewood Civic Ccalcr. TbCR ba\·e ·-a number of non-scbeduled visitors who have signed to speak. be said. This is DOI an official Public Hearing. and it was not noticed legally as would normally bavc been done for ordinaaa:I, becallle it was DOI ncceaary with this type of ordinancc where we decided to bavc a public COIIIIIIClll period, be adviml. We will bear from members of the public who wish to cx,me fonwanl and apcak oa lhia imle, and H Ilk tbal you confine your remarks to five minutes, be said. He naceil tbal two pcnons who signed up requested to speak .... Couacil Member Bllldlbaw llared tllal Council ra:eMd ldlcn and IIICIIIOI from Mr. and Mrs . Raymond CoaldiD, Malcolm Taylor, May Lynn Baird, who iatheTCICbcrofthe Year, and Cynlhia Secor, as well as a lcacr from David Owen Tl)lla An:bitecll. Sbe t-i the lcaa" around from Malcolm Taylor, stating that lbc lcacr w received Scptcmbcr 20, 1999. Saaal Council members said Ibey bad DOC seen some of the 1ettcn. ~ City Manapr P1abaty advilcd dial be w there to praem, for Council's considcralion, an onliamcc ilr appn,val of a...._ agr=-widl lbc MUleum of Outdoor Arts. Previously, be said. Couacil deli.-, ~ 15,000 ...-feet of llplCC oa lbc ICCOlld floor of the Englewood Civic Ca111r for flllUre culbnl-. Tbc pl of the COIIDCil w to actMlc and cncrgi7.e CityCentcr • I· ----~------------.----------~~ • • • Englewood City Council November 22, 1999 Page2 ,. --. • Englewood and provide a unique characler to the dcvclopmcnt Over the past several IIIOlllhs. discussions and ncgociations have oa:umd between MOA and City Slaff. be advised. and the pr'OpC*d agreement is the result of tbolc joint efforts. In general, the tams arc as follows. be said. The space to be leased from the City is approximl&cly 7 .000 sqimc feet on the second floor of the Civic Center building. The term is twcnl)· ycan. wbicb is split up inlo m initial term of five ycan and tbn,c five.year options. he said. The City will provide to the MUICWII of Outdoor Ans. UDdcr the terms of this agreement. for the installation of the tbinecn pemm1mt pieces of art and five rotaling pieces of art in the first year. a maximum expenditure ofSI00,000. MOA Mlllld pay the balance of any amount over the SI00.000 n,quircd for that installation. be aid. Thc City would C0111ribu1c to MOA. lbrougll annual appropriation. S96.000. In addition. utilities and awi'*-X: for the Civic CClllil:r spacc occupied by MOA is estimated to be about SJ0.000. which the City would CXllllribule • aa ia-kiDd COil, be added. Another issue that the City and staff suuggled with rcpnling this agrcemea1 is tbat the TABOR Amendment restricts the City from approprialing funds ouuidc iu gcnenJ annual approprilbClllS . MOA is planning to invest approximately SS00.000 in the build- out of the space 1h11 they would be utilizing, Mr. Flabeny advised. In order for them to secure their loans neccuary for this wort and to protect them in the long term. they ba\•c asked that the City set aside raerwd dollars O\'a' a ten year term. which is the only way that we can do this under TABOR. Their total cost would be amortized over a tm year period in a dccrcasing amount which would be decreased not only by the annual amortmlion, but also by the Sl2,000 that is above the initially n,quested $84.000. be said. Mr. Flabcny said be felt that all of Council had seen the proposed amortization schedule for that ten y ear period. MOA would provide the following to the City, under the tenns of the agreement be continued. Thcy would provide for artwork on site tbal is valued in excess ofS 1.000,000. with a commercial rental value for one year in excess ofSI00,000, and capital in,'CSUIICllt of approximately $500,000 for the space build-out including S72,000 for improvements to the common areas. which includes a lobby and public restrooms . 1bis is space that if the City was building it out be advised. we would be building it out at a cost that would be similar to what MOA is proposing. MOA also has agreed to provide annual exhibits and events that would directly benefit the City al CityCcn&cr and will document a minimum of $50.000 annually. MOA cwrcndy bas an -1 opcnling budget in excess of $1.000.000, and the contract guaraaleCS that MOA will DOC go below a SS00,000 openling budget in any given year. MOA would also provide special programming and discount fees to citizens oCEnglewood. which would be established through coopcralioo and ncgotialiOD with the Cullllrlll Arts Commission. MOA has a staff of fifty full and part time cmployccs. they have an exc:aa oC 4,000 studcms anmally, and over 5,000 annual visitors to the site will be brought lo CityCentcr by people aamding MOA for exhibits. classes, events and the like . he said. Rq,R:scnlalives from the MulCum of Outdoor Arts will give a brief presentation tonight be said. after which Director Simpson would like to follow up with comments prior to the public comment section. Cynthia Madden Leitocr, Prcsidcm and Founding Director of the Museum of Outdoor Ans. advised that MOA began iu millioo over cigbleen years ago. Originally, the mission was to place monumental sculpturCS tbcmalically into arcbilectUrc: and landscape in the southeast Denver area known as Greenwood Pl31Jl, she advised. Four ycan after we began that mission, she said, wc created an award-wilming education program with the DaMr llldro public schools. Since then, wc service 4 ,000 students annually, which the educalioo clircclor will speak more on later. An outdoor museum, she said, does not have a simple definition, and all of them me very different 1berc arc only a handful around the world, she advised. MOA bas the performing ans involved, and when we come to Englewood, she said. wc will have Up Close and Musical. wbicb will COlllinue to collaborate and do programs with us. as well as David Taylor Dance Theater. We also collaboralc with the Denver Art Museum and all of the schools in the Denver mdrO area, as well as some of the mowtlain schools. Ms. Leitner said MOA bas several programs . and the two main focwa arc oo the fifty-five piece monwncnlal an collection and on education. Everything we do involves tbolc two portions, she added. Our education program is different because we use arts as a process to teach critical thinking skills. We also use the arts in a thematic approach. she said. so, for instance, if a child is studying something to do with world history. we would use the process of the arts. along with their teacbcr, to dcvia a program. and also have it center around the a>Uection or ccnain malCrials. to give the child a full thcmllic expcricncc . Tbat is just ooc example of what we do . she said. Ms. Leitner sbmnid a five minuic film of some of the sculptwc prdcns around the COWllly, of which MOA is a part She said that all of the sculplllre prdcm were very diverse. 1berc arc probably only five • n I • • Englewood City Council November 22, 1999 Page 3 ...-. 0 - sculpture gardens in addition to the ones lhal were on the film. she advised, and all arc supponed by the cities and CIOUlllics and the people and the arts organizlltions where they reside . That is imperative for the survival at the aru in general. she opined. DO( just outdoor aru. She said she would like to e,cprcss. on behalf at the Muewn of Outdoor Arts, that they arc very excited about coming to Englewood. We will have our beadquancn here. she said. and will bring people here by virtue of ha\'lllg the an and the performing aru • pan of the CityCcnter. We look forward to tbc partnership with Englewood. she concluded. Jennifer Porta, Director or Educ:alioo, said the education program bas gri,,.n from anracting nearl y 150 students to aver 4,000 tbal actively participate in classes and programs during the year. The education program is bued on our public sculpture collection, she said, and consists of many different entities. We offer classes from IOU through adults. tbcmalic cxploralioos to public schools from throughout the Denver metro area, and we offer public tours. she advised. 1bc strength of the program. and what makes it unique in tbc eyes of artists and the gcncral public. she said, is that. inslead of merel y teaching painting. dm•ing. sculpture and basket weaving. we look at cultures, themes, literacy. science. math and investigate the creative process, thereby crealing artwork and learning all different kinds of disciplines. Instead of teaching, straight out. a technique. children and adults arc using their imaginations to problem solve . This creates a more dynamic wort force in the end. and that is what we arc bringing to Englewood. she said. and inspiring a new gencnlion . Ms . Poner said she would be showing a shon video on MOA · s Design and Build Program. which is in its nindl year. Many of our classes and school programs arc based on some of tbc strengths of the Design and Build Program. she added. It is oo the level of a professional public an competition for high schools from all O\'CI' Colorado. We have gone from Colorado Springs . she said. to Loveland and inlo the IIIOlllllains. Sheridan High School , last year. was our fanhcst away to actuall y win a site. Tbcsc high schools arc invited to propose a crealivc sculptural clement on one of scven sites. a coupl e ofwhicb are in downtown Dcnvcr, IIOIIIC are in GRmwood Plaz.a, where we are now , and in 2001 we would really love to have Englewood as a lhinl site, she said. Last year. for instance. over forty different groups of SIUdcnls asked to be taken seriously to award them a $500 stipend to create a public monument on one oftbcse seven sites. Tbcsc models and proposals go inlo as much detail as where arc wc going to buy the wood, bow much is it going to cost. and what arc the mechanics inwl\'ed in erecting something that is going to be mobile. Tbcsc arc then prof'cssioaally judged by perhaps a landscape architect, a sculpcor, or MOA 's president. and what it comes clown to is groups of high school students arc chosen to put up a public sculpture for six weeks . Ms . Poncr said that. what ends up happening. is something that only the arts process can bring out. 1bcsc kids arc learning mah skills. communication skill s. ~· have to get along and they have to problem solve very quickl y. If something docs not go right. they immediatel y have to think of something new . We will bear from somconc who bas been immediately involved in watching the srudents over the years, she said. She opined tbal the best thing they get out of it may not be the very end product that people see , but the experience that it took over the weeks and months and late nights of putting something together through teamworlt . Tbole interdisciplinary, integrated types of cxpcricnca are really what our cducalion program is all about. The video shows the process in action, she said, asking Council to DO(c that they arc independently worlting. while collaboratively worlting. Council. she oba:rvcd, worts the same way, this is just a little more penonal and is very empowering to them It is pal to have them express a site specific, perhaps a site in Englewood, what they think of it, and then have a dialogue after that. At this point. Ms . Poner showed the video. Rodney Lootinc, of the Muscwn of Outdoor Arts, said this partnership bas been worked on since 1996. 1bll ii over lbrce years of worlting on this relationship and gcUing to a point. because of a lot of hard work from Council members, Englewood citizens and the an c:ouocil, and we have it to a point where wc have created IO!Ddbing special. It will be a very good, integral put of the City fabric and of the success of the CityCCllla. and we arc in a positioo where it is a win-win situalion. He thanked everyone for all the hard wort and said we are at a point now where be feels good about going forward. Mayor Burm said Council bas asked the museum to provide classes for Englewood students. There has bccD ICIIDC CIOIIQffll • to wbctbcr the srudents could afford them, be said, and wbctbcr they would be available for Englewood kids and if they would receive the benefit of them . He asked Mr. Lontine to • I • • • ,-• Englewood City Council November 22 , 1999 Pagc4 --. e • address that. Mr. Lollline said they have looked al a lot of diffcrcal lhings. and what they wanl 10 happen is panicipllion. We Wlllll the citizens and c:bildrm to participlle. aad it is really about lbc education. We have DOI bad lbc bcaclit of siaiog down with lbc art aJUDcil yd to Oush these lhings out. he said. W c do not Wllllt to just do a discount program. or a,upoas. It bas to be IOlllelhing that is participatory and easy for lbcm to participate in. We have looked al cvcrytbiDg liom after ICbool clasacs. that would be cidlcr free or a very small stipend. maybe just the COIi oC the supplies. tbal any citizen of Englewood could sign up for . cilbcr after school or on SalUrday . It really bas to be something that is affordable. beneficial. engaging and easy lO take advanragc of. Suzette Emerson. of David Tryba's office, said she was present this evening 10 speak for Mr. Try'ba. who was unable to aamd. He sends his rqrets, she said. explaining that he bad gone 10 Michigan for Thanksgiving. She said she would like to read Mr. Tryba's letter aloud. adding that she bas a plan sho"ing the plaocment of the an that she and Ms. Leitner have looked at. This is no( S&)ing this is where u must be. but wc feel very strongly about some of these locations, she said. and we feel this will be a fabulous addition. She read Mr. Tryba 's letter dared November 19, 1999: "Council Members . Unfonuna1ely . due to family Thamsgiving \'llClliOD plans out of stale, I am 001 able to attend !hc Englewood City Council meeting oo Mooday, November 22ml to personally relate my strong suppon towards !hc incorporation of th e MOA into CityCcnicr. Tbcrd'orc. I would like to communica&e to you. in writing. !hc vilal imponance of the inclusion of the Museum of Outdoor Ans in lbc CityCcnlCr Englewood . The MOA • s integration into the CityCcnlCr goes well beyond their contributions of !hc physical sculpture . They will bring to Englewood a dedication to education. to an. and to diversity in the landscape . They will promote and acccntualC the activity that will help to define CityCcnter Englewood. The thoughtfully located outdoor sculpturcS will provide places for people lO pause for a conversation or sack lunch together. as well as adding inlCl'Csl to the day-to-day pedcslrian/commmcr cxpcricnc:c . I feel thal the inclusion of the MOA into the CityCcnlCr is ooe that should not be taken ligblly . Please do DOI pass up this fantastic opponunity . Sincerely, David Tryba." Ms. Emenon said what they really feel strongly about is that the sculptures arc going to acccnluale the arcbiacc:ture and lbc cnviroamenL They do DOI just become pieces on their own, out tbcrc for people to look at. They actually become pan of it. they help form the spaces. and the exterior spaces. bcc:alllc of these pieces of art. will become more active and will give people a place to go . Ms . Emerson said lbc sculptures will aid in CIQliog synergy , which wc need along with retail and cntc:nainmcnL Some of the sculpcurc will be moving. revolving. DOI only physically. but as they bring new pieces in and out. If you look at the two seu of pieces we have at each end of Englewood Parkway. we have a pair of clogs and a pair of lions, and they become archilCCtWal gateway elements, she said. We have motion and activity cRatcd through the Windsong, which would be located at the entry to the drop off for the kiss and ride . We arc looking al placing the two trapcmids near the stage. she said. in the center of the ampbithcaler. The little pieces, the bear, for instance, wc arc looking al placing in some landscape near a tree, more of an IUICxpected pleasure. she said. One of the more positive things is it does encourage pedestrian interaction. We have the Portdlino. she advised, which is a little pig. famous in Florence for people to drop a coin off' of its nose for good luck . We have a few other pieces, like The Fence. for inslancc, which would be located in the area between the drop off and the bridge. and that is a highl y attractive piece. It becomes almost a playground. and thal is something that wc arc desperately wanting here. is a place of entcnainment for kids. That piece is multiple stone columns thal arc like people that you can walk in and out of, she said. Ms. Emerson said she really just wamed to voice their excitement. She said she met with Ms . Leitner about a year and a half ago , and was just in awe of the opponunity she was prescming. Ms. Emerson stressed that she hoped Council would VOlC yes . Mayor Bums aacd about the Red Grooms piece . Ms . Eme,-said they arc looking at placing that near the bridge. It Mil be very imcractive and kind of plays off' the bridge, she explained. It is called Brooklyn Bridge and 'WC arc looking al placing that i., oo a pcdcllal so you can get views from it in all different directions. It bas a loc happming and is a very eliciting piece, she said. Mayor Bums asked if it is right next to the light rail stop, to which Ms . Eme,-respoodcd affinmaivcly . Director Simpson. Neighborhood and Business Da-elopment. said be would like lO speak regarding the Museum of Outdoor Ans rclationsbip to the City of Englewood. He said it was an imponant issue for him. • ----------- I • 0 - .. • • -• Englewood City Council NO\'Clllber 22, 1999 Pagc.5 ,. • • - and felt it was an importalll issue for Englewood. The City bepn discussions with the Museum of Outdoor Arts about three years ago, he said. Where this coaversatioa bepn and where it is now ending up is reall y significant for CityCcnter Englewood. Mr. Simpaoa said CityCeaacr 1111 been premised on some very importalll public objectives. One oftbolc: that be felt was fulfilJed in pan by having MOA as pan of this project. is tla of crealing a unique and special place. Some of our Council members might term it a people drop, and tla is what this agreemcat begins to this prt!ject. It is about Euglcwood. and creating Iha! unique 1C11SC of place. Whit -do with the projc,c:t rally begins to idcnlify us as a community, be said. and set the image and tone for wbo we are in the grater metro area. CiDderella City was a very exciting beginning, and, be opined, wbeR we go with this project will rally set the tone for our future, and we have to consider all thole demcnu. Comnwmilies are often idmtified by their cultural institutions. If you think locally, when you think of Mada, you think of the Arvada Center, and when you think of Littleton. you may think of the Littleton Town Hall Ans Ceow. be said. If you think of Denver, the recent election passed the expansion of the Dem-er An Mme1un, be added. Our redevelopment efforts on CityCenter are also about Cl'l8ing idenlity, image and place . We have been talking for the last several years about crealing a place for families to giocr. a place to get coffee and a book at the library, a place for parades and cooccns to take place, a place to c;all home, and a place to buy a new shin or a dress. Today. we can say with our Civic Center building weU Wider construction, and we arc moving towards a new civic prcscDCC in the project, tla this is a really positive thing. We arc going to have a new library. we are going to be closing on the Wal-Man this Friday, and Iha! is exciting because it will be a new place to shop in Englewood, be said. We have a lot of positives, but some nice new mail is going to be good for us. too . Mr. Simplon opined tla an exciting pan of this project is the Civic Center Plaza. It is pretty rare Iha! cities 11q, forward and c:rca1e a new part or public place, and this new pwa will become a real community plbcring place. What the MOA docs for us, is it gives back to the City and the community by providing sculpture to help furnish this new public pwa, be said. and it enlivens our community by providing arts education, cxlu'bits and performances for both cur children and our adults. Finally, be said. it helps create a pannenbip with Englewood to stralgtben our image and idemity within the greater metropolitan area. Ci ty Council bas, for the last scvcraJ years, taken some pretty outstanding, sipificant steps. many of which have been COIIIIVVCrSial, be said . All of them have been focused on a better quality of life bcrc in Englewood for its citiz.cnl. Mr. Simplon said. to name a few of them, regulating day labor and pawn shops was really a big time figlll, but when -arc clone, -look at our neigbborboods and -are SlrOllger for iL We recently bid this group home issue, and that should be a really good 1i1q, toMrds impruving our neighborhoods. We worbd on the Zipn property, and said no to something tha t was going to be offensive to this community, and decided to expand our parks. These arc all cxa:llcnt cxamplcs of difficult but imponant advancements to our quality of life. Each of lhcsc efforts has really contributed to Englewood in tangible ways and inlanglblc ways, things Iha! we can not necessarily quantify but have broughl a lot back to the community. Mr. Simplon said be felt the MOA is one oftbolc: clements that will give back to the community, both tangibly and intangibly, and, as it relates to this CityCentcr project. it is an important . clement to consider as an advancement to the quality of life and economic vitality of this community. Turning to the list of those who signed up to speak, Mayor Burns asked that they confine their rcmarts to five minma or less . Pam Starck, an an teacher at South High School, said she is very aware of Council 's commitment to another project in which students build a home. She said she is gratduJ to the Museum of Outdoor Arts for their 5lrOllg lcadcrship role in the arts. The Museum of Outdoor Ans Sleppcd up to the plate with 0td,.anding cxlubits, programs for young people year round. and is the home for the scholastic an contest for the Stale of Colorado. According to llllional •uessmcms of IIUdcnls in 1997, she said. those who have an prognms and aacnd exhibits and mUICUIIII do bcuer in lthool, have higher grade averages and make bipa-test scores . Ms . Starck said. for the past six years, her students have been involved in the Design and Build Competition, spoosorcd by the mUICWIL This is a real world opportunity in which students get the cblncc to wrilc a proposal and build a model for public an. The museum provides extraordinary profcllioaal sculptors to help with this proa:sa. Seven proposals are se lected . The museum then gives S.500 to build the art, which, she said. is one third of her budget. This is c:xtmnely exciting to be involved in, and she said she is sure that is true of tcacben in Euglcwood. Studmts then build a sculpture, meet • I • - • j l -a • Englewood City Council November 22, 1999 Page6 " ,.. . e - .. ... deadlines, keep a budget, and have enhanced interaction and teamwork . It fosters creative and independent thinking. she said, hard work and long hours . The contest is the only one of its kind in the nation, and students get a lot of problem solving skills. She showed a model of her students' project. After they built this. it weighed over 500 pounds. she said. and we bad to move it. So they bad to figure out bow to build something. take it apa11. and rebuild it in two days. So this is problem solving al its best. she said. adding that she bas bad students who are now seniors al C.U. in their architecture program. She said she credits the Design and Build Competition for their first ttue project The Museum of Outdoor Arts teaches childrm and all of us tbal oot all problems have a single solution.. and the imponancc of imagination and thinking. They are a model to push Sludents to become active learners, she said. They push for high levels of achieYement and, in all they do in the community, they have the courage of their convictions. They are a winning team and the Englewood community and its children will benefit, she concluded. Malc:olm Taylor said he is the oldest Englewoodite in the room . He said he has watched the City of Englewood, and is proud of the City . He said he can ~member the tent houses and the basement houses . An is great. he said, and he bas seen Indian hieroglyphics. Mesa Verde. the Goosenecks of the San Juan. and he and aoother fellow fOUDd a tool used by p~historic people . idcnlical to the one pictured in the dictionary. At one time, we bad Tuileries Park, and that is why the tramway came to Englewood. What I am trying to say is this is all great, but bow are we going to finance all of this. he asked . Being a prospector at one time, grubstaking. if I want something. I will do without it until I get the money to purchase it, he said. He said he discovered he also bas an. He showed the audience a white piece of paper. which he said was his depiction of swans eating marsbmallows in a snowstorm . Bill Clayton, 9S8 E. Cornell Avenue, said MOA bas done a fine job tonight with the two videos , talking about sculpture gardens. and high school projects. He said he likes sculpture, and has seen it all over the world. It is impressive, and for a moment, he almost thought we bad a 9,000 acre sculpture garden here. but we do oot. How can anyone oppose an and beauty and the opponunity to teach our children critical thinking. he asked. Maybe one of those c:rocal thinking skills is to ask ourselves the question why do we want to sponsor this organizalion. He said he can not make the connection between sculpture garden and the Foley's building second Ooor. He said he bas not seen a clear disclosure of the costs, the maintenance and the utilities, the janitorial services or the fony parking spaces . He said he does no1 know how much parking spaces cost, be guessed they are about $4,000 to SI0,000 a space, which comes out to about half a million dollars . In a twenty year agreement, is this two million or five million. he asked How much does this c:ost us? Is this DOI one of those critical skills we ought to use to determine the cost so then we can look 11 the bendits? He said be lislened carefully tonight, and does not sec a clearly described list of wha1 the benefits are . 'Jbae were vague promises of wbal we are going to get back. and what people are going to spend. One brochure even says hotel rnenuc, but we don't have a hotel . It says we are going 10 get back a lot of ~nue, and I just do oot sec bow we are going to do that, he said. Mr. Clayton said he has not seen any sun'C)' or poll that says Englewood residents Wlllll or need these scnices. He said he likes sculpture and thinks sculpture belongs• CityCcnter, but it does not seem like this is the way to do it. He said he bas talked to friends and bu DOI fOUDd anyone who does not question why that much money is being spent for this purpose. He said the City should conccnllllte on getting CityCenter open with stores to generate sales tax revenues to pay for this e:q,ensive City Hall, and adopt the word frugal as a model until CityCcnter is actually producing -uc. Every time I hear Bob Simpson speak. he gives me another date that Wal-Mart is going to sign a contract, he said. We have been listening to dates for a year, he said. asserting that he hopes they sign. because he would rally like to sec Wal-Mart get open. He said he would also like to sec some stores, so we are DOI doing our Christmas shopping • Southwest Plai.a again. Frankly, he said, the City ought to conccnllllte on the services we need and want in Englewood that are traditional City services until we get some rnenuc to embark oo this type of project . If we have too much money after we pay the necessary services. I would like a tax CUI, he said, so I could take my money and spend it on the cultural activities that I choose, not the ones thal the City decides I need. and uses tax money to pay for it. Selwyn Hewitt, said he bas resided at 4915 South Pearl Street since I 9S3. He said he has been a taxpaying, participating citiz.en of this community for forty-six yean. A number of yean ago , the Greater Englewood D I " ) I • ·---------~-------------~·· • • • Englewood City Council November 22. 1999 Pagc7 ,,... ' • Chamber of Commerce had a cultural arts commincc that was formed to explore what wc could do relative to cultural ans in the City of Englewood. Some o(the people who cunmdy are scning on the Cultural Arts Commission were membcn of that c:omminee . Al least tbrcc ycan ago, he said, he and former Council member Habenicht, Mayor Burns, Dr. Jess Girardi. an:hitect Don Marshall. Bob Simpson and Art Scibclli from the City staff, and some others, met to explore the possibility of incorporating pcrfonning ans or some ocher cultural facilities in the tbco«giaaiag planning for Cinderella City redevelopment. and the pracrvalioa of the Foley's building. The predominant reaction thal wc got from memben of Council and staff at tbal time, be recalled, was that such facilities would not support themselves . We all know that. as cultural arts facilities seldom support tbemsclvcs. But the attitude by those people at that time was that subsidy by the City was IOlally out of the question. He said. in light of what wc are looking at tonight. my bow things have changed. Secondly. be reminded Council tbal be is a part of the largest pcrfonning ans organization founded and opcraaed in Englewood with a forty-six year presence in this community. so he is not without inlerest in the ans. He said be should have prdac:rd all his remarks by saying that he comes bcrc: with a mixed message tonight He said be bas worked "ith a number of the people sitting in this room, and bas enjoyed what be hopes is a continuing friendship after this evening. He said he is gratified that Council and membcn of City staff have finally embraced some recognition of the ans for our community . He said he feels tbcrc: are some problems with what bas been proposed, but now comes a millioo dollar giveaway . The MOA proposal that was rcsubmittcd in May 1999 was discussed in Council Study Session on July 6, 1999. There bas been no public dialogue on this issue except with a limited audicncc at last summer's tent talk mc:eting. The Council member in my district. he said. has not convened any community forum to discuss or promote the MOA proposal or to learn of the residents' reaction. preferences or approval thereto. It may be appropriate a1 this time to remind the memben of Council that they have a fiduciary responsibility to the citizens they were clcctc:d to represent. he said I have read every word of this thing, be said. and I was familiar with most of the prmisions that were proposed by MOA through Marilee Utter and that organization. At one point in 1996, it "'a5 recommended by the Cultural Arts Commission and approved by Council, but then Mr. Lontinc chose to withdraw ii for some further 5lUdy and resubmitted it in I 999. Some of the provisions that Mr. Hewitt felt needed attention. and these are just things to ponder, not to respond to now, be said, but finl. it seems that the City is not adequately indemnified against losses crcaled through failure o( MOA to perform the requirements of the contract or RSlolalioa of the demised facilities in the e\'Cllt of departure. Second. tbcrc: is no clear indication. he said, thal MOA will vacate Harlequin Plaza and locate all of its progiams. exhibits and educational offerings al CityCentcr. Maybe it was never intended that they should. he said. but thal ought to be a condition of what we are offering. Also, the much heralded benefits for Englewood citizens are DO( specifically identified and required by the language of the contract or agreement The Cultural Arts Commission. he felt. should develop the desired benefits in detail and include them in the conlJ3Ct before it is submitted for signature. rather than allowing negotiations to take place after MOA bas the agreement in hand and they can pretty much do what they wish. Fourth. the conditions for renewal of the conlJ3Ct are ROI specified . In the City contributions liSled in the agreement as it stands, the annual rent is liSled as one dollar for an estimated $30,000 value, or a rate of four dollan per square foot . What is the market value of 7,500 square feet in prime space, be asked . Commercial real CSlatc professionals suggest tbal it should be between ten dollars and fifty dollan a square foot . Using the least of tbcsc values. ten dollan. the value of the space being given to MOA is al lcast $75,000, not $30,000, be asserted. The annual operating costs have increased from $84,000 to $96,000 since the last proposal was made. If you add up tbcsc changes. they bring the value of this agreement to $201,000 per year, or SI,500,000 for the five year term of the agreement. he said Doesa 't lhll sc:are you a litdc bit, be asked . lo answer to the question wbcrc: wi II the money come from to fund tbcle aJIII, al ooe point, when it was being considered al the July, 1999 meeting. Council or staff said the City plans to fund its share of the cultural ans presence through sales tax generated from CityCentcr Englewood bued on cunmt revenue projections. No new taxes are planned to help pay for CityCentcr's cultural ans amenities. Do we have a surplus in the budget, he asked. Ale wc counting chickclll that have not halcbed when wc say that wc will pay for tbcsc amenities from funds 10 be derived from sales tax revenues anticipated from Wal-Mart and ocher fflail outlcu yet to come. be asked. In CODCIUlion, Mr . Hewitt said it is bis positioo lhal the siu and scope of this proposal is so vast. that it deserves, requires, maybe even demands approval by the resident taxpiycn, the people Council allegedly represent, be said. • I • 0 • • • Englewood City Council November 22, 1999 Page 8 ,,.-. • G - ·• ... Kendra Grazulis, 4489 South Lincoln Street. said she bas lived in Englewood all of her life. which is almost fifteen years. M an Englewood student, she said she is very excited about the classes that arc going to be offered. She said she likes to challenge bcrsclf, and through these clas.,cs. she sees another challenge to conquer tbal will broaden her scope on life . There is more stuff out there. she said. than just what she has known so far. 1bcse sculpwrcs will give a unique taste of class to our wonderful city. she said, adding that she hopes tbal someday she can raise her children in this city through the school systems and hopeful I y through the woaderfuJ cultural arts that will be coming into the city . Chuck Habenic'-, SIS West Tufts Avenue, said the Scimtific and Cultwal Facilities District. which gathers taxes from Ill ofus throughout the area, not only Englewood, suppons various groups . Among them arc the Arapahoe Philharmonic, which will set about $40,000 wonb of SCFD Tier Three funds . Almost all of their programming is moving south of here. be said. The Museum of Outdoor Arts gets $70,000. and the ir programming will be bcrc. Their annual programming budget of over $500,000 will bring jobs and daily activity to our site, be said. They have energy and discretionary dollars to spend at our stores and rcstauranls. They have prestige, they have woo Slate and national awards, they cater to children and have adult claues, be said. Mr . Habenicht said be thinks the Arapahoe Philharmonic is working to diven programming funber and further from Englewood . They were not able to involve themselves in the Fole y building, a cultural center that they wanted. Now, he said, they arc tr)ing to block the Museum of Outdoor Arts from coming to Englewood. by their dfons to do a big, pie in the sky concen hall seating 2,000 people, and take our tax dollars, the MOA money, with them . We have a resource partner willing to bring very valuable assets into our cootmunity. Let's be partners, he urged, and work with them. not against them. Ray Tomasso, 2998 South Bannock Street. said be bas some bullet points . We were talking about grubslakcs carlicr, and what wc have bcrc is a grubslakc in our future . In the Nalion·s Cities Weekly , he said, which came out October S , 1998, page 9, it says Mthe ans arc like seeds planted in our community. With minimal attention. the seeds will grow, but with nurturing, they will grow and bear fruit for the whole community." This was a quote by Michael Hightower, former president of the National Association of Counties, be advised . The article continues, he read, wcultural and ans programs have provided local governments with solutions to social, economic and education problems . In a study conducted by the Americans for the Arts, rcscardlcrs found that the ans attract residents and tourisis. who ;llso suppon adjacent businesses, such as rcslaurants, lodging, retail and pamng. Arts presence also enhances propeny values, the profitability of surrounding businesses and the tax bases of the region. The ans attract a well- educated work force, a key incentive to new and relocating busincsscs ." Mr. Tomasso also read from the impact statemcDI from Celebrate Colorado Artists, page 2, wthe educational impact according to the Princclon Education Testing Services, students of an ouq,crfonn their non-an peers on scholastic assessment lcsts, scoring fifty-nine or more points higher on the verbal section. and fony-four or more points higher on math. Students involved in lcaming to read through the ans program in New York City improved an average of one to two months in reading for each month they participated in the project . At risk students showed similar progress and had increased ancntion spans and more interest in school in general. Elementary school Sllldcnts in the Spectra An Program in Ohio scored better in reading, vocabulary, reading comprcbcnsion and math than non-an students. Total crcalive measurements were also four times higher. A Rhode Island study showed the first and second graders involved in music and visual an programs clcmonslrllled improved attitudes toward lcaming and outscored non-an students in reading and math." Mr. Tomasso opined lhal wc aR investing in the future of Englewood, the citizens and the makeup of the community, 11111 just what you aR looking al on the table . II is that grubstake in the future. it is that while piece of paper. II is a minimali• SlatemcDl right now, but, if you invest in it, there will be something on that paper . Michael Heberling said be would like to pracnl the perspective of a youth member of the Cultural Arts Commission. He said be had the opportunity to aacnd the Museum of Outdoor Arts when he was younger as a Sludclll, which is a pcnpectivc lhal no one else in this mom bas had. He said he could persooally auest • I • ·--------::---------------.. ---------------- • • • Englewood City Council November 22, 1999 Page9 . ~,. .,,-. • 0 • IO some oftbe benefits be experienced when be went through that program. He said it is priceless and you can not pg a price on the benefits of the cducalional programs they provide . Rosemary LaPor1a, 3422 South Broadway, said she bas been in business in Englewood for twenty-three years, and loves Englewood. Her inlereslS have solely been in the betterment of this community. she said. and she repn:sentS the Cultunl Arts Commission, she is a member of the Board of the Englewood Downtown Development Alllbority, and serves on the Englewood Historical Society Board. There are several orpnizalioas, she said. who are endorsing the Museum of Outdoor Ans. including those just mentioned, as well IS the Englewood Chamber of Commerce . We, as a business community, are very intaated in the future and very pleucd with what City Council bas done thus far with CityCentcr, she said. We are looking fonwanl to -p'Cll things in the future . Do not think for a minute that we. in the business community, are not ,niching with halal brQth, she cautioned, as to what the City Council is going to do in all aspectS of the future of the City . She said she bas friends who have really looked down upon this community, and said. becaulC of the demographics, we can't go anywhere. There are a great many things that we IS a COIIIIIIUllity can do. she said. adding that she hopes and prays that this City Council can see the very profitable aspects of having the Museum of Outdoor Ans in our community . Because she bas been in the arts field for the last twenty-three years. she said she can really appreciate the Museum of Outdoor Arts and what they have done . She said she bas watched them and bas been awestricken by their abilities and knowledge . They will be bringing us so much prestige and so much visibility, just having them here and having the sculptures here . It is going to change our city much faster than we as a commission could poaibly do . It would take us the ne~ twenty years to do what they have done, she said. and they are bringing it to us . Regarding what Mr. Clayton said about being frugal . it really does not mean being cheap, it -using all of the available resources we have . Ms. LaPorta said she feels that, a a community, we have a p'Cll many resources . Bringing in the Museum of Outdoor Arts is going far beyond our COIIIIIIUllity and our city limits. She said she hates listening to comments abour our demognpbics. became 11111 can change, look what happened to Larimer Square. We have some tre rnendoua opponuailies here, she aid. Because of their professionalism, they are going to bring a powerfbl fora: to our COllllllllllity. and, by providing a home for MOA, we are going to attract benefits of Olbcr arts orpaizaliolll tbruugb a,operalive efforts. For instance, Up Close and Musical, Colorado Symphony, Denver An M-. and many, many more . As far as whether our children would be able to afford wbal they bring to our community, there are now special funds provided to us by the SCFD . and lludeal ldlolanhip1 are available for MOA claues, she advised. What they are bringing us goes far beyond money, she said. and entreated Council to voce for MOA being a pan of our organiz.ation. The citizens consistenlJy have asked for a people draw. and what a tremendous people draw MOA would be. 1bey wanted a town center, they are getting a town center, she said. They wanted shopping, they are going to get shopping. and they want cultural facilities . This can be overwhelming for us . she concluded. Please vote in favor of it Eric BCl1oluzzi, 4860 South Galaplgo StJeet, said every successful organiz.ation is driven by a dynamic visionary. In the Museum of Outdoor Ans, that penon is Cynthia Madden Leitner, he said, and the high esteem enjoyed by MOA throughout the nation can be directly attributed to her knowledge, love of art, and her pusion for enriching lives through art When inquiring about the benefits available to Englewood by having MOA located in CityCenter, we DCed not look further lhan the museum's rich history of accomplishments. In so doing. he said, what I see is the tremendous potential that Ms. Leitner, Mr. Loatioe and the museum will bring to Englewood. They have the ability to enlighten, inspire and energize the community, and tbal is the ultimate treuure the City's investment will produce . Mr. Benolu12.i said he was looking forward with great anticipation to enjoying and panicipaling in the creative endeavors of MOA IS it CODlributel enormously to our city 's ienaiSIIDCe . 6 . Replar Apda (a) Approval of Ordinances OD Second Reading • • 0 I • 0 • Englewood City COUDCil November 22. 1999 Page 10 ,-. • • •• , . ... COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (I) ON SECOND READING. (i) ORDINANCE NO. 68, SERIES OF 1999 (COUNCll. BILL NO. 70. INTRODUCED BY COUNCll. MEMBER GRAZULIS) AN ORDINANCE AU1HORIZING THE ACCEPTANCE OF AN AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OUTDOOR ARTS (MOA), THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. (EEF) AND THE CITY OF ENGLEWOOD, COLORADO (CITY). COUDCil Member B1111dsbaw said sometimes, as an elected official, it is really difficult when you know what you need to do to raise the bar of your community, and yet you also know that you were elected to represent your citiz.c:ns. She said previously, she voced for or against things because that is what the citiz.ens wanted her to do. In this case, she said, it is overwhelming and she needs to vote for this because she feels this is an opportunity that Englewood will sorely miss if wc do not pass it Council Member Garren said he tried to look al this issue from several different angles. and one is the cultural aspect He said be feels the City bas made a rommitment to cultural ans when the ordinance was passed where one percent of our capital expeoditures go to art Mr. Garren allowed that the contract calls for a lot of money, but in the bigger scheme of things. it is less than a half of a pen:ent of our operating budget, which is a rommitment wc can make to the ans . He said he asked what he is getting for that money, and, after looking al it, be feels we are getting a fairly large bang for the buck, even on a dollar for dollar basis. With the exhibitions that we are going to have. plus the art. which will lend a lot of aesthetic value to the Civic Center, be just felt we would get a lot oC money, plus the activity, which is important because we are creating a civic oentcr, as oppoml to a city ball, which wc have here . We will have 4,000 people going lbrougb there annually, who will bopdu)Jy Slay, eat and shop. He recalled that when his parents dropped him off al different activities, they MDI and did those things. so that should also bring economic value for our money . Mr. Garren said, in taking all those things into ronsideration, he will be voting for this measure . COUDCil Member Cirazulis a>IIUIIClllcd that she will also be voting for this . She said her bean is near and dear to the ans, considering her background. She said she also lislcned to a lot of people who called her. and felt there were more who did waOl ii than who did not. One thing that came to mind, she said. was when someooc called bcr and said ifwc are going to have a Wal-Man here, and that is a big box. we do not need sculpeures also, because that is not a good mix. She said that just broke her bean and she would just like to have this prove to be a wonderful IIIL"- Council Member Wolosyn said, when she was campaigning, sbc always asked about this from people she ran into, and she was anwed that she never beard anything negative . She said that speaks to our demographic, maybe wc are not what we like to believe wc are . She said she also feels that the presence of art, and just those sculptureS, will affect people in a different way . Kids who do not have the opponunity to go down and walk around DPL and see those sculpeures, they will see these and plant a seed in their lives . Mayor Burns said he bas supported the arts. When wc talked about the Foley's building a few years ago , the propola1 was to have the entire building dedicated to the performing ans. We examined the budgets of the Arvada arts ociur and the Greeley ans CIC!Ur at lbal time, and Arvada was tbcn celebrating their twentieth year aanivcrmy. and they covered sixty pcrocnl of their costs with their own budget. The City of Arvada, in in-bid services and cash, cootributed a mi11ioo dollars a year to the cultural ans center, and Greeley similarly . There are tbouands of communities around this a>untry whose city councils and county boards of commissioocn cootributc to the ans. so this is nothing new, be said. Mayor Burns said he felt we will get a good bang for the buck in this project He said the intermix bctwccn the dance theater, MOA, the Colorado Symphony, which will be playing here for the fint time in Englewood's bistocy, and the classes, will return a benefit lbal is both moodary and inlangjblc in benefits to the a>nununity. We have been talking with MOA for three years, he recalled, and have bad a number of sessions with them, park meetings • I • 0 • • -• Englewood City Council November 22, 1999 Page II ~-. G - with them, and they have been publici7.Cd in the paper on several occasions. He said be bas beard very liale negative COIIIIIICIII on what -arc about to embark on here . This is indeed what makes this project special. We ated out with a big box retail with hardly a lXIIIIICCtion ~ the big boxes and the light rail. We c:hanpd it, -wanted to have IODIClbing special for Englewood that involved the community, not just a lot of big bits with retail sales iax dollan and DOI knowing bow long these projects would last and bow long the money would run on just retail alone. We wanted to put special eletDCDts into this project. and indeed -have . Mayor Bums said be anended the Rail-Volution Conference in Dallas a few months ago, which promotes rail and tnnsit oriented dc\>elopment We bad a number of presentations there, be said. Direaor Simpal prelCIIICd OD this project, and Mayor Bums said be did DOI see anything like this in the country. This is a unique project, and next year the Rail· Volution Conferena: will be in Denver and we will be a>-spOIIIOriDg it 1be main reception for that conference will be in the Piaml that we will build from now until tbc:n, or in the Civic Centa, depending oo the weather. We will get a lot of national attention on this project, and the an portion will get attention along with the rest of it He said this is a unique project for Englewood, and be felt we have the funds to support it. MOA is taking an enonnous risk, be said, in bringing all of their operalion over here. Their budget is $500,000 to one million dollars a year, and they are putting a half million dollars in the building. If they leave voluntarily, they do not get any of that back, and if they breach their contract. and we ask them to leave . they do not get any of that back . Also , if they leave, they are financing these improvements, and they have to continue 10 pay the financing, then they have to go out and get another place to go . That combination would probably break their company, so their risk is enormously grealer than the City of Englewood 's. be said. We have 10 comply with AmendtDCDt One. 1be TABOR AmendtDCDt does not allow us to make bindin~ multi-year agreements, be advised, we have to elect to fund this each and every year. and that is why they have asked for the reserve . We an: DOI free to commit the community for twenty years from this point out. we have 10 make thole il'Clq,rntlen« clecisioas under the TABOR Amendment He felt there was a good balance there of risk and reward on the City's part and MOA 's, and that. be said, is why be would be voting in favor of tbismeasure. Voteraalll: Ayes : Nays : Absent : 1be motioo carried. (b) Resolutions Council Mcmben Garnu, Bradshaw, Wolosyn, Yurchick, Giazulis, Burns None Nabbolz (i) Director Simpson presented a recommendation from the Englewood Environmental Foundation to enta into negotiatioos with Trammell Crow for residential development at CityCenter Englewood. We have been, for some time, worlting to authoriu a residential developer to build at this site, be said. For the past several weeks, we have been working with Legacy Partners on this property. Council autboriz.ed the Englewood EnviroDtDCDtal Foundation to enter into negotiations with Legacy Partners to conclude an agreetDCDt al a price ofS4.75 million. We have negotiated in good faith with Legacy Partners. be said, and al this point have DOl been able to come to a conclusion on that agreemcna OD lbrClc major deal points. Primarily. those deal po ints were that Legacy could not meet the cloling dale that the City was requiring. and we believe it is very imponant that we come to a closing date with the residential developer by mid-February. We believe thal there were some issues still outstanding on the dilpolition of retail space . 1be dilpolition of the retail space in the Piami area had a negative impact on the City of approximllely S400,000, be said. Finally, there was some concern that Legacy Pannen was factoring in their docision that -would .-S to have a retail developer as part of the closing of the due diligicocc period widl them. Thal was nnacccptablc 10 EEF and to the City, be said, because thelC <Xllllidcraliom I-sect to be c:omidmld indcpendendy. Based on that, Council gave some audlori7.alion to c:oncurrcmly disam other deal terms widl Trammell Crow, in the last few weeks . During thal time. -came to ID aa:cpcable agRCmenl in terms of timing, pricing and the ability to close indrprnclcody of any other developer on site with Trammell Crow Residential. Further, be said, this • ) I • 0 .]- • • --. Eoglcwood City Council November 22, 1999 Page 12 r--.,,;: . .. ,, -· • • • .. .\ .. ' agreement is Slal1iDg at a bigbcr competitive level. Trammell Crow is willing to close on the property with EEF by mid-February. 1bere arc no RqUircments for any ocher developer to close.. so there is ID incleJ'cnda!t pnMSioo then: tbal they will go fonwanl, be explained. Finally, their sales price that they arc willing to pun:lme the properly is ll five million dollars. The impact of this is ID actual increase of nearly $650,000 over the deal tbll ftl praented by Legacy Panners. Based on that direction, EEF swJ is recommending to Council tbll we begin ncgotillioas with Trammell Crow Residential to conclude this residential ~ agreemenl, be said. The raolution Ml lllipal I number and rad by title : RESOL1JI10N NO. 100, SERIES OF 1999 A RESOL1JI10N ENCOURAGING 11IE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CONCLUDE NF:I'OTIATIONS wml TRAMMELL CROW AS 11IE RESIDENTIAL DEVELOPER FOR S5 MILLION. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (It) (I)-RESOLUTION NO. 100, SERIES OF 1999. Mayor Bums OOIIIIIICIUd that Council bad beard a prescmaaion from Todd Bloom of Legacy during the Study Sellion wbicb oudined the history of the negociations. and a letter was presented and made public toaigbl, dated today from Lepcy to Gary San, the City Manager. Legacy bas proposed that they assume a badlup positioa oo the projocl That will be negotiated. and if Trammell Crow can not meet their deadlines, Lepcy would ltill likc to bave the opportunity to paJticipatc in the project. which, he opined, is a win-win litulliOD for the City and we arc going to go ahead with that. Trammell Crow bas a more aggrmiff ICbcdldc and 1111 a beacr deal, fiancially, for the City . We were very anxious to move ahead with this 11ecauR, again, the ligbl llli1 opens in July of next year and we want to start the residential portion • quickly • we can with a llnlDg ~ like Trammell Crow. Votereahl: Ayes : Nays : Abscot : The motioo carried. Council Members Garrett. Bl3dsbaw, Wolosyn, Yurchick. Grazulis, Bums None Nabbolz ••••• Mayor Burns said, because of the confined lllllR of this special meeting. that was the last item to be diSCUSICd. MAYOR BURNS MOVED TO ADJOURN. The meeting was adjoumcd at 8 :55 p.m. Deputy City ' ' ' . I . 0 ·.J- .. " • • ! ) .. ,· .. '\ -... ,. ,. t l • • • .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DECEMBER I, 1191 ,l .. ... IIDll 111 I a\lMNM MAY SPEAK FOR A MAXIMUM OF FIVE WITES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COIIIIENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OFCOmENT. PLEASE PRINT NAIIE Ckv , s Q {c;o ADDRESS TOPIC G a ,2 1 F o f2 n;n-J '5 ~ Se ~ ,-'s I+ LP tHl f'J" wJ CCS1GN1 ' . . --· , ' ', ' .. . ' \ . 1 I . 0 32X ...... • • -• .. ~ --· I • .. .. ~' . .. • -' ' POSITION STATEMENT FIREWORKS IN THE ST ATE OF COLORADO As Presented by The Metro Fireworks Enforcement & Education Coalition (311 organi1.ation comprised of public safety. law enforcemenL fire and prosecuting offic1~ls ) The private use of fireworks by untrained, ordinary citizens continues to be a significant fire and criminal problem in the State of Colorado, causing hundreds of injuries. millions of dollars in property damage, and at least one recent child fatalit y . Because thi s enormous and unacceptable risk is primarily concentrated on or around the annual Independence Day, and this year the millennium holida y, the magnitude of the hazard is not as widely recognized, as it should be . When things go wrong with fireworks . they go very wrong, very fast -far faster than an y fire protection provisions can reliabl y respond . Fireworks are a classic anract ive nuisance and danger for children . Wh y would an yone. especiall y a parent. who knows the facts about fireworks want to take that chance when the y can enjoy a fe st ive -and safe - holiday at readil y available public displays '.' Most cities prohibit the use o f ALL fireworks . Certain types of '·permis sible·' firework s, such as sparklers. snakes and fountains , are permined within unincorporated co untie s It should be noted that firecrackers. pop bonle rockets, Roman Candles o r other fireworks that leave the ground or make an explosive noise are illegal anywhere in Colorado . "Permissible" firework s can be used by children under the age of 16 O NLY under the direct supervision of an adult . An yone who uses fireworks of an y t ype that contribute to the ignition or spread of a fi re will result in severe criminal c harges such as arson Local official s continue to experience an increasing le vel of complaints relating to fireworks. a le vel of complaint s that generall y o verwhelm s jurisdictions ' abilit y to respond appropriatel y. These complaints recei ved in large numbers show that firework s usage is breaking down normall y cohesive nei g hborhoods . Law enforcement officials are then forced to dea! with large numbers of ne ig hborhood altercations . These types of complaint s generall y overwhelm a j urisdiction s ability to respo nd appropriatel y . Unfortunately, the metro area population is la rge ly ignoring local and state fireworks laws. Therefore. metro area police and fire department s ant ici pate usi ng more res o urces to enforce these law s , and will be contacting stat e and local j udicial officials to encourage a stronger stance on fireworks violations . It is the intt:nt of metro area po lice and fire agenc ie s to encourage the local media to publiciz e the dan gers and la ws surrounding th e use of fireworks . .. . .. ' ~ I • 0 . ] • • • '• ··~_ ..... Student Artist Recognition .. ., • • •• ' We're pleased this evening to be honoring the student artists whose work is featured in the Englewood 2000 Calendar -a celebration of student art. The City held an art contest that was open to all students who live or go to school in Englewood. We received over 200 entries from students in public schools, private schools, and home- schools in Englewood. One entry was chosen for each grade level (Kindergarten through l2'h grade). The artwork was chosen by a selection panel consisting of members of our City Council and our Cultural Arts Commission. Serving on the selection panel were : former Mayor Pro Tern AJex Habenicht; City Council Member Julie Grazulis ; former Cultural Arts Commission Chair and newly elected City Council Member Olga Wolosyn; Cultural Arts Commission Chair Eric Bertoluzzi; Cultural Arts Commissioners Ray Tomasso, Martha Warner, and Mary Lynn Baird; and Bervette Williams, Public Library Board Liaison to the Cultural Arts Commission . Choosing just thirteen pieces to include in the calendar out of the many wonderful entries we received was not an easy task -we thank the selection panel for their efforts . We will be returning the artist's original artwork this evening, and the artists will each receive a gift certificate to Hobby Lobby that they can use to buy art supplies . We'd like to thank Hobby Lobby for sponsoring a portion of the gift certificates . And we'd like to offer a special thanks to City Council Member Olga Wolosyn for matting all the artwork. There are calendars available in the back of the room -- make sure you take one home with you before you leave this evening . ., ', ) I . 0 - • • ... ,, • .. .... . . ~ • -- And the winning artists are , .. w",ames Burnett, a senior at Englewood Hi gh School. Jame s' a rtwork. "Englewood and the World," appea rs on the cover of the C alenda r. -~hlee Reichelt, a 5th Grader at Clayt o n El e m e nta ry Sc h ool. Ashl ee 's "W e Are One" appears in January. -Amanda Kent, a I " Grader at All Soul s . Amanda's drawing, 'The H a ppy House," graces the month of Februa ry . ~ott Fouss (FOWSE ). a 4t h Grader a t C h a rl es H ay Ele m e nta ry. Sco tt 's "Hollywood Leopard " appears in March . ~ah Curtis, an S'h Grader at Sinclair Middle School. Sa rah 's piece , "A Bowl , A Fork, and Their Rolling Pin!" appears in April. Vranell Draper, a 7th Grader at Sincl a ir Middle Sc hool. Jan e ll 's a rtwo rk , "M a ma's Little Helper," appears in May . ~dy J. Davis, a Kindergartner at Bi shop El e m e ntary Sc h ool. And y's pi ece "Me and My Daddy at Se a World ," appears in June . ~uren Froehle (FRAYLEY). a 3rd Grade r at All Soul s. La ure n 's 'The Ra in Forest" appears in Jul y. V Jason Lyon, an 11th Grader at Colorado 's Finest Altern a tive High Sc hool. Jaso n 's "Sea World" appears in August. -2- • ' ... ) I· 0 .]- • )' • • • • •• .. ' .. . \ } .. / Krista Arnatuzio, a 6'h Grader at All Souls . Krista's artwork, "The Sea Shore," adorns the month of September. -Noah Silverglade, a 9'h Grader at Humanex Academy . Noah's artwork appears in October. 1\_r 1 Y\_W-- V,esus (HAYSEUSS) Antonio Valdez, a 2'..t Grader at Clayton Elementary. Jesus' "Lion" appears in November. ~brielle (Gabby) DeBoer, a IO'h Grader at Humanex Academy. Gabby's piece "The Big One" appears in December. Congratulations once again to all of the young artists whose work appears in the Englewood 2000 Calendar. Thank you for coming this evening so we could recognize your talents and your creativity. And thanks to ALL the artists who entered the student art contest . -3- ' .. • I ., .. I· 0 x I • ,, ~ __. • , .. • ... • .. PUBLIC HEARING ROSTER DECEMBER I, 1111 AGENDA ITEII NO. la . PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: ,\ .. COUNCIL BILL NO. 77 AMENDING THE CITY'S HISTORIC PRESERVATION ORDINANCE MME • l' I I , ', .. ' . I . C, 2 • • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO . ss COUNTY OF ARAPAHOE I, Thomas E. Spargur, do solemnly swear that I am the Publisher of the Englewood Herald and that the same is a weekly newspa- per pubtished in lhe city of Littleton in the County of Arapahos, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupt- edly in said County of Arapahoe for a period of more than 52 WNks prior to the first publication of the annexed nolice; that said ,-paper is entered in the Poat Otroce of Utllelon, Colorado , as Second Clau Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the Stete of Colorado. approved March 30. 1923, and entitled "Legal Notices and ActvertlNnlent." and other acts relat· ing to the printing and publishing of legal notices and was published in the regular and entire issues of said MW1P81)8r, once each week, on the same day of each -k. for a period of Lconsecutive insertions and that the first publication of said notice was in ~::a~ ne:':r dated ~~/r,m The last publication of said notice was in the issue of said newspaper dated ~ ~ ,m ;;. .. ~- Subscribed and swom to before ~ me, a Notary Public, this.iday Notary Publ ic • .. .. ~ -· • , . ,;,: • •• ' · CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Nallce .. ....., ..._.. ..... City C--=tl of .. City of l!ngl9wood, Coknclo, .... acheduled a Pullllc ........ a ...... CllyC--=11 - ...... on DECEIIIIP I, 11N, M 7:30 p.m. In .. City Counc:11 Chanllers of !llglHODd City Hall, MN loulh Elall ..._, ID coneider AN ORDINANCE AM!NmlG TITLE 11, CHAl'TEI 4. WITH TH! ADDIT10N OF A NeW RCl10N M, l!NT1TLU HISTORIC PMSEIIVA110N. TO THE !NGLEWOOO IIUMCl"AL CODE 1NI. (COUNCI. 91.L NO. 7TI Alt lnterNt9d pa,1lft may .... opinions In person • .. publlc hNrlng or In writing ID be rKeived by the City Clertl by 5:00 p.m. on DEC!MB!R I, 11N. Anyone wiehlng to apeak ... Publlc HHrlng may call ._ City Clerk's Office, 303-712- 2AOI to sc:hedule their prnentat1on or a s1gn up sheet w1n be available et thedoor. Br order of the Englewood City c-d. ~ A. Ellle, CIICIAAE City Cieri! City of Englewood . MN loulh Eld Street Englewood, Colorado 80110 PUBLISHED: NOVEIIBER 11, 11N !NGlEWOOD HERALD mN , ' . ' ~----,,.-.... 4 ..... ~ 1 JUCiT~ ·" ,_,_:).:)·.c :'1 ; NOT;!,0 · ;-'lJ cliC STATE 1:F ",'_JR•·';0 ------. , -.-~---' -My Gv"r"-· 4 • ,, . ., .. '· ' • . ' \, .. ... , I • 0 3 • • • Date December 6, 1999 Initiated By t ..... •,' ,. ,,,-·· • • •• ... COUNCIL COMMUNICATION Agenda Item 9a ·' .. ... Subject Historic Preservation Ordinance Neighborhood and Business Development I Staff Source Lauri Dannemiller , Planning Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed amendment to the Englewood Municipal Code on first reading on November 15 , 1999. Council set the public hearing for the Ordinance for December 6 , 1999 . RECOMMENDED ACTION Staff recommends that Council consider testimony during the Public Hearing on the proposed Historic Preservation Ordinance, an amendment to the Englewood Municipal Code, Title 16 , Chapter 4 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has numerous structures and sites of historical significance , notably the Skerritt House, the Englewood Depot, and the Gothic Theatre, as well as the Arapahoe Acres residential area . These structures and sites may have impacts upon the City in any number of ways, including educational or tourist opportunities, increased civic pride , and preserving cultural heritage . The possibility of losing some of these structures or sites exists unless safeguards are available to ensure preservation of the structures or sites. Traditionally, the remedy has been enactment of Historic Preservation ordinances. Staff researched historic preservation efforts, procedures , and ordinances in several other communities, both within and outside of Colorado . The proposed Ordinance will create a method for voluntary property designation . The City Planning and Zoning Commission will be the recommending body, with final approval by City Council. The Planning and Zoning Commission (PZC) has provided input on this issue at a study session and at a Public Hearing . A recommendation for approval from PZC was received on October 5 , 1999 . FINANCIAL IMPACT This ordinance does not have any financial impact. When a structure, site, or district, receives designation on a local, state, or national historic register. grant funding is available for preservation efforts, which may or may not require matching funds . Those funds may come from public or private sources . UST OF ATTACHMENTS Proposed Bill for Ordinance Findings of Fact Report to Planning Commission -July 7, 1999 ., .. • • I I • 0 • • • .. • --· .I • 1f~5~ .. . , . • -.. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ORD-99-03 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO AMENDMENT OF TITLE 16, CHAPTER ) 4 OF THE ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SUB-SECTION 24, ) HISTORIC PRESERVATION DISTRICT ) ) INITIATED BY: ) DEPARTMENT OF NEIGHBORHOOD ) AND BUSINESS DEVELOPMENT ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Douglas. Hayduk , Lathram. Ransick , Rininger, Stock- well , Willis , Welker Commission Members Absent : Weber This matter was beard before the City Planning and Zoning Commission on October 5, 1999 , in the City Council Chambers of the Englewood City Hall . Testimony was received from staff. The Commission received notice of Public Hearing , and the Staff Repon. which were incorporated into and made a pan of the record of the Public Hearing. No public was present to testify on this issue. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . I. 2 . FINDINGS OF FACT THAT development of the Historic Preservation Ordinance was undertaken by staff at the direction of City Council following acquisition of the Skerritt House by the City of Englewood . THAT notice of the Public Hearing before the City Planning and Zoning Commission was given in the Englewood Herald on September 24, 1999 . , . ' . ,• ~ . .. ' •. • I· 0 • ) • • .. ~-----------------------~~~~------- .\ • .. .. • •• ' ... 3. THAT there are structures and districts within the City of Englewood which are of historical significance . 4. THAT to be eligible for grant money from the State Historical Fund to renovate his - torically significant properties , the structure or site must be designated o n a local , state , or national historic register. 5. THAT the proposed ordinance, as written, provides for voluntary property designation as a historical structure or site upon recommendation of the Planning Commission and approval of City Council. CONCLUSIONS 1. THAT proper notice of the Public Hearing was given by publication in the Englewood ~ on September 24, 1999 . 2. THAT there are historic sites and structures in the City of Englewood , and to be eligi - ble for grant funding to renovate these sites and structures , they must be listed on a lo- cal, state, or national historic register . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Title 16 . Chapter 4, of the Englewood Municipal Code should be amended by enacting a new Sub- section 24, Historic Preservation District. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 5 , 1999 , by Mr. Douglas , seconded by Mr . Rininger. which motion states : Douglas moved: Rininger seconded : The Planning Commission recommend to City Council that the Historic Preservation Ordinance be approved, as amended: 1. 2 . A definition of "Historic Building " or "Historic Structure " be included. In "Criteria " -districts, the phras e "written approval of at least 2/3 of the properties within the district boundaries" shall be in- serted, and the phrase "at least one hundred (100%) percent" shall be eliminated. 2 ) I • 0 I - • t • • .. ~ --.\ • . .. :7 •·. ·•. ·~ t, • -~ ... ~ 3 . In "Criteria" -section 1, replace "and " in Numbers 2, 3, and 4 with the word "or" at the end of requirement statements . The vote on the motion was called: AYES : NAYS : Lathram, Ransick , Rininger , Stockwell , Willis , Douglas , Hayduk, Welker None ABSTAIN : None ABSENT: Weber The motion carried . These Findings and Conclusions are effective as of the meeting on October 5 , 1999 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Carl Welker, Chairman h:lgrouplboardslplancommllindings 1999\fof ord-99-03 -hpo doc 3 • ' •,· ... .. . ' ' .. ) I· 0 32X - • • I ...._ -• • ~ .,.-- • '· . .. • -' ... MEMORANDUM TO: THRU: FROM: DATE: RE: Request Englewood Planning a nd Zo ning Commission Robert Simpso n. Director, Neighborhood and Bu si ne ss Deve lopme nt Lauri Dannemiller, Planning Analyst NBD July 7 , 1999 Historic Preservation Ordinance ,I Attac hed please find informatio n regarding th e creat io n o f an Hi storic Pr ese rva ti o n Ordinance in the City of Englewood. Staff will be ava ilable to discuss th e draft during th e Jul y 7. 1999 study session. Staff requests your input on the matt er. Background Within the City of Englewood , there exists a collection of structures and ho u 1.11g districts o f extensive historic significance . These stru c tures have a notable imp ac t up on the ci t y in a numb er of ways, including the potential to provide educati o nal or to uri st o pp ortunities. providing c iv ic pride in the city's accomplishments and safeg uarding the city"s cultural he ritage . However, certain structures have the potential to be sig nifi cantly de preciated. or quit e possib ly fo r fei ted . due to a variety of circumstances . Factors influencing devaluatio n include inadequate mainte nanc e efforts, insufficient funding for preservati on. eco no mic pressure to re-deve lo p at greater property values, or improvements/alte rati o ns which sig nifi ca ntl y imp ac t th e hi sto rical value of the property. Traditionally, to remed y this s ituatio n. cities hav e enacted Hi sto ri c Preservation Ordinances , (herein called HPO), to provide re li ef to any number of th e ab o ve mentioned factors . The benefit of implementing an HPO could be man y. Thro ugh the Colorado Hist o ri cal Soc iety. grants may be available to properties o r districts. which are identified in a loc al governmem ·s historic preservatio n o rdinance . The Socie ty sets standard s for awards ranging from a state income tax credit for private propertie s , to an ac tual non-ma tc hing grant gift. In addition , a mandated percentage of grant funds are earmarked for cities which qualify fo r ··c e rtified Local G overnment" designation -a so mewhat arduous process requiring an exte nsive inventory and standards review process. While the se ntiment for preservation is co mm o nl y accepted as ha ving an o verall public benefit , the effect of any activity to alleviate further degradation o r loss of va lu e. ma y ha ve s ignificant impacts on the city, property owner and public as a whole . Careful co nsiderati o n s ho uld be given to these impacts to prope rly evaluate the ne ed fo r such an ordin ance . • . ... ) I • 0 • • -• ~ -· .I • .. . . .. ., • -' ' ISSUES Issues addressed in this review will include : • Goals of th e propol·e d ordinan ce -Why is an ordinance nceded'l • Scope of ordinan ce -What will ordinanc e add ress? Will an ordinance rcqutre an init ial surve y of city. standards for designation or review standard s'! • Administration of ordinance and regulations -Will th e administration/enforcement of th e ordinance take place through the Planning and Zonin g review process or a stand alone Historic Preservatio n Commission with recommendatio n to P&Z. and ultimately Council? • Costs associated with proposed o rdin ance -Commiss io n o perati o n. re\'iew process and inventories will all have so me level o f co.·ts associated with eac h tas k. • Lega l ramifications of histo ri c des ignation -Will designatio n be ,·o lunt ary or will a s pecific percentage o f pro pen y owners in spec ifi c neig hb orh oo d/regio n be req uired for approval? • Sp ecific benefits of histo ri c distri ct or prope rty designation -Can a carrot and sti c k approach be used to entic e propeny o wners to pre se rve valuab le propenies'! • Standards/or property modificatiom -Will th e review proce ss provide e xtensive. mode rate or limited standard s fo r th e pru pen y and how ca n th ese standards be a ppli ed equitably? GOALS OF POTENTIAL ORDINANCE: Generally, the outcome of an Hist ori c Prese r va ti on Ordinance is fo r the purpose of: • safeguarding the city's hi sto ric. aesth etic. and cultural he ritage by preserving distri<.:t s of historical significance • promoting the educational. c ultural and general welfare of the public th ro ugh protecti o n. enhancement and perpetuatio n o f district s of hi stor ica l o r c ultural signifirnnce in the city • maint a ining and possibly improving propeny values by co nservati o n of hi sto ri c propenies • fostering civic pride in th e legacy of beauty and ac hi eveme nt s o f th e past • gaining eco no mi c benefits from to urist and visi tors • pro moting the use of districts o f hi storic and cultural s ignificance as si tes for educati o n, ple as ure and welfare of the pe o ple of th e city • enc o uraging private pro peny own ers to preserve structure s through grant funding opponunities A review o f the issue brings fonh three critical areas for e xaminatio n. Firstl y, the potential o rdinance· s comp o ne nts mu st be reviewed . Next. an anal ysis o f poss ibl e o pti o ns must be considered and lastly , a comparison of oth er loca l government"s curre nt o peratin g proced ures relating to hi storic preservation will be studied. • -· __ _.___ ____ ' . .. • J I • 0 2 - • • ---·------------------------~--~---------·· • • COMPONENTS OF ORDINANCE ... .I J ... This attachment reviews components which may be included in each Historic Preservation Ordinance and what purpose each component serves toward the objective of historic preservation. (See Attachment A). OPTIONS A number of alternatives are available to the City of Englewood if this matter is pursued . Options range from no action to the creation of an Historic Preservation C o mmission to becoming a Cenified Local Government. All these options have obvious benefits and cost~ associated with each. (See Attachment 8). OPTION I. No Ordinance No ordinance is completed. OPTION II. Historic Preservation Ordinance with Planning CtJmmission Review An Historic Preservation Ordinance is adopted in which the Planning Commission , upon permit application. will review propenies and structures for adherence to the HPO. OPTION Ill. Historic Preservation Ordinance with Historic Preservation Commi.uion Review An HPO is adopted and council creates an Historic Preservation Committee . This committee reviews applications, proactively surveys the community for potential properties and recommends structures/districts for Historic Propeny designation. OPTION JV. Historic Preservation Ordinance with Historic Pre.fervation Commis.fion Review and Certified Local Government Designation The city will apply for CLG designation and implementation will be similar to Option III . COMPARATIVE REVIEW In addition to an issue review , a comparative analysis of selected local governmem ·s historic preservation ordinances will be provided for study. This information presents a number o f alternatives for the level of regulation desired , specifics of standards and possible criteria for designation of propenies . (See Attachment C). CONCLUSION The proposition of an Historic Preservation Ordinance is a cu mp lex o ne . The will of th e public should determine the need o r level of detail for the proposed ordinance. From an investigatio n of the subject matter, any level of regulation is possible, conditioned on the goals of the community. 3 • ' '.,. 0 I • C, • • -• Attachment A ; . ,.-. .. .\ • .. • • ... . ' Cornooucuh of au Historic Pcesenaliou Ordinance '· \ . 0 , PURPOSE -What is the stated purpose for creating the ordinance'/ The decree mu s t ti e to a kgitimate puhlic purpose and ha ve the proper legal basis. li>-POWERS AND AUTHORITY -Establishment of authority (statutorily or other) and what po we rs an.: granted IO what authority. :.-CREATION OF COMMISSION/BOARD TO OVERSEE ACTIONS -Procedural mat1ers re lating 10 establi s hment of governing body (P&Z or commission). Statement of requirements of membership should he included . ).-CRITERIA FOR DESIGNATION OF PROPERTIES, STRUCTURES OR AREAS -Factors which arc review e d when considering district or landmark designation . ).-PROCEDURE FOR NOMINATION AND DESIGNATION -Clarification o f whom may nominate s tru1:turc s anti the procedure for nomination. Location of property on a part of a survey or part of a histori1: prese rvation 1:omprchensive plan . ).-TYPES OF ACTION REVIEWED -Actions revi e wed in the process -des ignations , physical c hang es, exte rior i:hanges requiring permits, alterations, demolition and removal. :.-CRITERIA APPLIED -Standards that are applied in general and specific terms. )'-CONSIDERATION OF THE ECONOMIC EFFECT OF DESIGNATION -Des i gnat ion may create an economic hard s hip on property owner if application is denied and process if this occurs . ),> APPEALS -Role of Planning Commission, City Council or courts in dispute of action . 4 0 . ]- OPTIONI No Ordinance Scope Not applicable Administration Not applicable • • Costs None ... . \ • .. • -- ... 0 • ATTACHMENT B Comparison Of Options OPTION II OPTION Ill HPO with P&Z Review HPO w/Historic Preservatio n Commi ssio n Ordinance requires review • Creation of HPO and process from Planning and Historic Preservatio n Zoning for material changes Commission to propenies within a • Commission cre ates designated district or inventory of designated individually designated propenie s and di strict · propenies. • Commission review , applications from designated propenies fo r applicability to HPO • Commission recommends actio n to Planning and Zoning . whii:h in turn reco mmends to Council . • Initially requires a survey Same as Optio n II of propenies o r districts with historic significance within the city . • Requires creation of s tandards, staff and Planning and Zoning review . • Ongoing enforcement required of building department staff and PCnaltv administration. • Ordinance creation • Historic Preservation • Initial survey or repon of Commission Review historic designation • Planning & Zoning recommendation Review " .. ' .. OPTION IV .. HPO w/Hi s tnrir Preservation Co mmi ssio n and C LG • City appli e~ for Cert ifi ed L,ical Gove rnm e nt d esig nati,in • Hi storic Preservation Commi ss ion m11 s1 meet professio nal s tandard s • Commission reviews applications from within City of Englewood for State and Federal Hi s t oric Register d es ignation • Re mainder o f sco pe is th e sa me as Option Ill • Initiall y requires e xt e ns iv e s urve y of propenics/di s tric ts with hi sto ri c s ignifii:am.:e • Re po n mu st be a ppro ved hy State Hi sto ri ca l Soc ie ty • Re mainder of administration is the sa me as Option III • Application fur Ccnified Local Government designation • Formal survey and re po n 5 0 2X - • 1 '- Legal Not applicable Standards No l applicable • ~ .. .: • •4 '.; • • • • • • • • • .. • • •• .. Crea1ion of slam.lards Slaff and Planning and Zoning review Enforcement costs P o te ntial legal questio n on volun1ary designation vs . percentage o f district resid e nts . Standards must apply to the question of "legitimale s late interest" C ity creates s tandards within HPO which regulate material "changes in appearance of a building or site" Level of regula1i o ns should be applicable 10 ohjective of prese rvati o n of prnpeny. Changes may apply o nly to those which arc visible from 1hc public way or fr o m adjaceOI prope nies, and for which a building , demolition, housi ng moving or other regulated permit is required for compliance with applicable city codes . Changes may also address exterior features s uch as architectural style, general design, and arrangement of exterior of buildine . • ., .. ', ... , .. .. 0 • Ci1y Council Rcvicw ol hi s tori c Lk,1gnal 11111 • Addi! ional nisls arc same rce o mmc ndal ion~ as Op1ion II • Rc maindcr nf cos1s arc 1h c sa me as Optio n Ill Same as Opl ion II Same a. Opt ion Ill Samc as Option II • C han ges ~ho uld addn:,, cx lc ri or features s uch a~ archi1 cc tural s1ylc. gencral design , a rrangeme nl of exterior of huilding . kind and lcxture of huilding malcrial , 1ype and s1ylc of all windmvs . doors . light fixlurcs. s igns and 0 1hc r a ppurt c na nt fix1urc s . • C han ges s hou ld a lsn address cxlcrior li.:a 1 urc~ suc h as architect ura l s1ylc , ge neral dcsign , and arra ng cmc nt of cxlerinr of huildin g • Remainder of slandard s arc the same as Option II 0 6 X • ., ., • .. ' •.. .. • .. . ' . ... ~. 0 Advantages/ • Properties/dist ricts not • Properties eligib le for • Moderate start -u p cost; • Prnpenics eligible for Disadvantages eligible for CHS grant State Hi storical Fund increased o ngoing costs State Hi s1orica l FunJ non - funding o r tax credits fo r do llars • Re maind e r of matching gra ms planning, preservation or • Preservatio n o f hi storic advantages/disadvantages • Pro pe nies e ligible fo r restoration. pro pen ics and are th e sa me as Option II State In come Tax Credi! • City ri sks devaluation or aforementioned benefits of 20% o f impmve mc nl s loss of propert ies cau si ng • Moderate start up , over 5-ycar peri od . assessed valuations 10 mode rate o ng o ing costs • Abilil y 10 co mm c m o n decrease. • Potentially politicall y Stale a nd Natio na l • Potential loss of sales tax volatile if des ignatio n is Reg iste r applical in ns re ve nu e not to tally vo luntary by • High sia n -up rns1s: hi gh property owners. ongoing CO SI S • Re maind e r of ad va ntages/disad vantages are th e sa me as Ontio n Ill • C, • 7 • 2 .. ' . • -., .\ • .. r j I .. .. . .. ... • • .. ' 0 • AITACHMENTC COMPARATIVE ANALYSIS OF CITIES HISTORIC PRESERVATION ORDINANCES DURANGO,COLORADO LAKE CITY, COLORADO NORTHGLENN, UUERT\". I\IISSOl RI COLORADO Purpose • Protection and • Foster civic pride in the • P rotecti o n. preserva ti o n • Prnm,ll e th e educati o nal. preservati o n of City's past and to ed ucate and en ha ncement of rnhural. econo mic and historic and cultural citizens structures and district s o f genera l wc lfar • o f the heritage • Protect the unique c ultural , hi storical and public through th e • Enhancement of property character of the town arc hitec tural sig nifi cance protect 10 11 . e nhance ment . values and stabilization of • Protect architectural and • Economic development and perpetuatio n nf historic neighborhoods _aesthetic heritage of the • Enhancement of prope rt y district s and bi s tmi<.: and • Increase of economic and town values <.:uhural s ignifican<.:e financial hencfits through • Strengthen the econo m y • Promotion of civic prid e located in the <.:i t y the city's attractions to • Draw a balance between • Promotion of good urban • Safeguard the l'ity' s to urists and visitors desires of property owners design hi s toric , ae s th e ti c. and • Provis io n of educational and the preservation of the • Pro vis ion nf ed ucational rnhural heritag e opportunities town 's heritage , while o pportunities to increase • Stahili:tc and improve avoiding the im,rosit inn o f puhli<.: appreciation of the propeny va lu es hy an econo mic hardship Cit y's uniqu e he ritag e <.:o nse rvation o f h istnri<.: • Prevent the use o f • Draw a halan<.:e hetwecn prope rti es .... mat e rial s in<.:<>mpat ihlc pri va te prope rt y rights and • Foster <.:ivic prid e with the hi stori<.: characte r puhlic interest in • Protect and enhance the of th e dis trict prese rvi ng heritag e and Ci ty 's attractions to • hi storical characte r of Ci t y to uri sts and vis nnrs • Strcnl!thcn the econom y Powers • Adopt criteria for review • Board of Trustees appo ims • Conduct surveys of • CnnJm:t ,mgoing ~urvey of historic resources and one member to serve as hi s toric properties h > id e ntify hi s toric a ll y a nd or review of proposals to the Historic Preservation • Keep register of properties architecturally sig nifi ca nt alter, demolish, or move Review Officer • Hold Public hearings for prnpcrties • designated resources • The Board reviews reviewing applications for • To recommend to P&Z 0 • Review resources applications and the construction, alteration, des ignation of prope rti es, nominated for historic actions of the Building restoration , removal , or structures o r di strict s district and recommend Inspector and Historic demolition of designated ha ving s pecia l hi sto ri c, council designate those Preservation Officer landmarks or properties community or resources hy ordinance • Board promulgates • Revie w nominations for architectural value • Review and make guidelines and regulations designation • To assist land owners o n 9 • .. ,,.-·. ., • . .. • -.. 0 decisions on any for the interpretation , • Advi se owners ,if physical and financial application for alteration administration and designated prnpe n y o n aspects of preserva1 mn or removal of landmark enforcement of the phys ical and financial • Tn nominate landmark ~ to • Develop and assist in regulatio ns aspects of prese rvation National Hi storic Reg is ter public education programs • Ass ist in edm.:ational • To hold public heari ngs. • Conduct surveys of effons review applicat urn s and historic areas • Advise Council o n matters issue or deny ··C ertificat es • Advise city council on of Hi storic Preserva ti o n of Appropriateness·· fn r matters of historic • Pursue financial assistance such actions preservation for prese rvation • To consider applicati,rns • To testify before hoards for .. Economi, Lmbh1p .. and i.;ommissions on an • To develop guidelines f,,r matter effecting a th e alteration. des ignated prope n y i.;onstruction , or re mova l of landmark s or pro pen y and s truc tu res w11h1n di s tri c ts Historic • Historic Preservation • Reviewed hy Building • Historic Preservati o n • Hi s toric Prese rvati o n Preservation Committee Reviews all In spector, Historic Committee ( 7 me mbe rs) Commi ssion ref e r~ .i..:1 h >rl', Commillee or actions Preservation Officer and reviews all actillns rclat ing for ,ks1gna11 u n '" P&Z Review Board of Trustees to Hi s toric Preservation Planning and Z,rn111g • Poss ibl e IO appoint an HP which reh!r~ to Council Comm iss io n when appropriate Criteria ror • Landmarks and dis trict s • Promotes the purpo se of • Va lu e as part nf the City's • C harac ter, in te r,·~1. Pr Designation over 50 years of age must the o rdinance culture or heritage va lu e a s part of th e • exe mplify architectural, • The proposed work will • Site of sig 111fi eant local. de velo pment , herita ge . or socia l o r not adversely materially s tat e o r nati o nal e vent cultural characteristic~ o l geographic/environmental affect an existing • Id e ntificatio n with a th e community • character structure's historica l s ignifica nt person • It s lo cal ion as a s it e of • Designed by a nationally quality and value or on the • Distinguishing lo cal event not oriet y recognized architect, style character of the district as characteristic of an • ldentilii.;ation with a 0 representative of the a whole architectural style valuable s ignificant pe rso n geographic region or for the study of a period, • Embodiment of demonstrates or type, method or di stinguishing exemplifies cultural, construction, or use of characteristic of particular political, economic or indigenous materials architectural s tyle valuahk IO • • ,,,. . • -) . . . .. .. ·~ · . • • -. ' . ' 0 social herit age of the • Work o f a mast.:r hu ikkr for the s tud y of a pai,id . community • E le m e nt s of design , type. metho d of • Propeny would diminish d e tailing , mat erial o r l'.onst ru ctio n . nr use of th e c harac te r and se nse of c raft s ma ns hip of indi ge no us m ate rial s place in the community if arc hit ec tural s ignifirn nce • Structura ll y innova ti\'C destroye d o r inn ovati on Procedure for • H ist o rk: Preser va tion • Board has d es ignate d a • Nominal ions may he made • Report fr o m Prcsc r vat Hlll Nomination Commiss ion o r any c iti 1.e n dis tric t as the Hi s to ri c h y a mcmher of Commis~ion o n • Commissio n t ries to Preservation Distric t Commissio n . owner or des ignation o f s tnu.:ture or sec ure consent of hoard record , Cit y Co unci l nr di stric t before proceeding with an y ot her pe rso n • Reco mme ndatio n from application • Conse nt o f owner, if Commissio n to Planning • If consent is no t received, possi hl e hut not required aml Zo nin g a public hearing is he ld o n the p roposa l Type of • Alterations to ex te ri o r of • Any proposed • Any a h erati o n , rest orati o n , • Applications for h is toril'. Action s truc ture cons truction , re pair, re moval o r d e m o lit ion of a d esig nati o n Reviewed • New additi o ns reconstructio n o r des igna ted struc ture mus t • Cons truc ti o n, r..:pair. • Adjacent ne w constructi o n re mode ling o f struc tures n htain a n "Alt erati o n reconstruction. d..:nMli11 o n • Demolitions -Part o r total within the Distric t Certifi cate " fr o m Hi s to ri c o r re mo d e ling of • Re locations Prese r va ti o n Co mmi ss ion structures wi th d c~ig nat ion Criteria • A h e rations w ill co ns ider • Effect upo n the hi st oric • Not address..:d in • H e ight , proportions of Applied or effect o f c hange upo n and architeclUral o rd inance wi nd ows and d nnr~. roof. • Standards hi s to ri cal c harac ter of c haract er of the struc ture and landsca pin g Reviewed structure, compatihilit y o f • Architectural st yle, compatihle wi th s truc ture with s urrounding a rrange m e nt , texture and arc hit ect ural s t ylc s tructure and e ffect on mate rial used and the ir • Rel a ti o ns hip n f a s tru c ture continued use of the re latio nship to other to the o pe n s p ace hetwe..:n property structures it and adjuining s trm:tur..:s • • Rclncat ions will consider • The e ffects of the work in s ho uld he oimp at ihl c if the s tructure can he creating, c hanging, • Facades s hould hl e nd in 0 rehabilitated at current destroying o r otherwise with other s tructures and site, if it can be removed affecting the exterior compatihle with d o min a nt without significant architectural features of ho ri zontal o r vertical damage and if the new site the structure expressio n of the is compatihle with • The condition of existinl? s urrounding s tructure!>. JI • ' ·~ ., .\ • . J• •, • ... .. • - 0 adjacent properties improvements and • An:hit c.:tura l dctaib suc h • Demolitions will consider whether or not they are a as material s. cll lors a nd if the structure can be hazard to public health textures s ho uld he rehabilitated or reused on and safety compatihle with site for any reasonable • Compliance with the s urrounding struct ur es beneficial use, the impacts Secretary of the Interior's to the character of the city Standards for Histo ric and will be negligible if Preservation Projec ts". moved Final Decision • All actions of Commission • Not addressed • Applicant can apply for • Appeal within 30 days to are fmal unless owner or "Certificate of Economic City C lerk 50% of property owners Hardship" if cost of • Council has 60 day In appeal within 7 days of change is prohibitive reve rse act io ns decision. based on a number of • Appeals go to City factors Council, Public Hearing and Council Conclusion Fines and • Fines consistent with City • Up to $300, or a jail • One year mo ratorium o n • No t less that $50 nor more Penalties Code sentence of up to 90 days all building permits o n than $5(Nl • 1-5 year moratorium on all property when w,,rk is building permits for done witho ut permission s ubject property • 5 year moratorium o n d e pending on violation pe rmit s when building is moved or de mo li s he d G :\DEPT\NBD'GROUP\1-listmic Preserva1ion\M (mo 10 P&Z Commi ssion 7-6 -99.doc C, 12 • 32 - • • -• ORDINANCE NO . SERIES OF 1999 , . ... • • - BY ALTHORITY A BILL FOR .. COU ~C IL BILL NO . 77 I'.\TRODUCED BY COUNC IL ~ID'IBER ______ _ AN ORDINANCE AMENDING TITLE 16 , CHAPTER -l . WITH THE ADDITIO N OF A NEW SECTION 24 , E:-..TTITLED HISTORI C PRE SE R\.AT ION . TO THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , ther e are ce rtain buildings. structures or ar ea with.in the City of Englewood which are of hi st or ica l significa nce to the City , State or Co unt.ry: a nd WHEREAS . such buildings , s tructures or a r eas deserve special r ecogniti on as examples of the City ·s he ntage ; a nd WHEREAS , s uch bui.ldmgs. stru cture or a r eas fr eq uentl y need costly r epau or maintenance ; and WHEREAS . beca use ce rtam fund s r equue lu storical de signation i n ord er to prov id e r e n ovation grants ; creating a method t o ma ke su ch design a tion w1U h e lp presen ·e these significa nt historica l structures a nd distn ct s for future ge ner at10 ns: NOW , THEREFORE . BE IT ORDAINED BY THE CITY cou:-.:CIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Co lor ado he r e b~· amends Title 16, Chapter 4, by with addition of a new Sect10n 24 , entitled H1 st on c Preser va ti on . of the Englewood Municipal Code 1985. which shall read as follow s: 16-4-24 : HISTORIC PRESERVATION : A . P URPOSE. THIS CHAPTER ESTABLISHES HISTORI C AREAS ASD LANDMARKS FOR THE ED UCATIONAL, CULTURAL AND E CO N0.1I C BENEFIT OF ENGLEWOOD CITIZE S . DUE TO VARIO US PRESSURE S THAT MAY RES U LT IN THE DESTRUCTION , IMPAIRMENT. OR ALTERATION OF HISTORIC RESO URCES WHI CH REFLE CT ELEMENTS OF ENGLEWOOD'S CULTURAL AND ARCHITECTURAL HERITAGE . IT WILL BE THE POLICY AND RESPONSIBILITY OF THIS SECTION TO : 1. PRESERVE AND PROTECT BUILDINGS , STRUC TU RE , SITES AND AREAS THAT ARE REMINDERS OF PAST ERAS , EVENTS . AND PERSON(S ) IMPORTANT IN LOCAL , STATE OR NATIONAL HISTORY ; WHICH PROVIDE SIG IFICANT EXAMPLES OF ARCHITECTURAL STYLES OF THE PAST : ARE LANDMARKS IN THE HISTORY OF ARCHITECT URE : WHI CH ARE U:-.IIQ UE OR IRREPLACEABLE ASSETS TO THE CITY AND ITS NEIGHBORHOODS ; WHICH PRO\llDE FOR THIS AND FUTURE GENERATIONS EXAMPLES OF THE PHYSICAL SURRO r,..Tl)JNGS IN WHICH PAST GENERATIONS LIVED ; OR WHICH ARE ARCHEOLOGICALLY SIGNIFICANT. -I - • ' . .. . ' •, I •, .. • 0 - • l .. ~ ,,.. .. • , . ... ... • -~ ' 2 . DEVELOP AND MAI NTAIN THE APPROPRIATE E1''V1RON:\1ENT FOR S UCH BC ILDINGS , STRUCTURES , SITES AND AREAS . REFLE CTIN G VARIED ARCHITECTURAL STYLES A 1D DISTING !S HED PHASES OF ENGLEWOOD'S HISTORY. 3 . PROMOTE THE P UBLI C HEALTH. SAFETY , Al\"D WELFARE BY ENCOU RAGING THE PROTE CTION AND PRESERVATIO N OF ARCHITE CT URALLY SIGNIFICANT OR HI STORI C STRUCTURES OR DISTRI CTS . B . APPLICATION : A:-.·y PROPERTY OW. ER WISHING TO HAVE A BUILDI NG . STRUCTU RE OR DISTRICT DESIGNATED AS ARCHITECTURALLY SIGNIFICANT SHALL FILE A:-J APPL! ATI ON WITH THE PLA:-1:-JIXG A ND ZONING COMMISSIOK , ON A FOR:\! APPRO\"ED BY THE CO;\!:\II SS I0:-1 AND S U PPLIED BY THE CITY . CONTA l!'-I:--G THE FOLLO\\"JXG INFORl\B.TIO 1: 1. THE NAME AKD ADDRE SS OF THE ow:--ER OR APPLI CA'.'JT : 2. THE LEGAL DE SC RIPTI ON . STREET ADDRESS OR OT HER IDENTIFYING DESCRIPTION OF THE Bl.J ILDI:--G . STRL'CT C RE OR DISTRI CT ; 3 . A PICTU RE OF THE BUILDING OR STRUCTURE , IF THE APPLICATION IS FOR HISTORI C DESIG NA TION OF AB ILDI:-!G OR STRUCTURE ; 4. A MAP OF THE DISTRICT. IF THE APPLI CA TION IS FOR HI STO RI C DESIGNATION OF A DISTRI CT : 5 . A STATEMENT GIVING THE AGE OF THE PROPOSED BUILDI:-:G OR STRUC T URE . OR THE GENERAL AGES OF BUILDI NGS OR STRUCTURES WITHIN A DISTRI CT ; 6 . A BRIEF DES CRIPTIO N AS TO WHY THE APPLI CANT CONS IDERS THE BUILDING , STRUCTURE. OR DISTRI CT TO HA VE HISTORI CA L OR ARCHITECTURAL SIGNIFICA:-!CE; AND 7 . S UC H ADDITIONAL 1'·Lt\TERIAL AS THE PLA NN I NG AND ZONI G COMMISSION MAY REQ UEST OR THE APPLICANT MAY CONSIDER PERTINENT TO THE APPLI CA TION AND TO THE FINDINGS PREREQUISITE TO THE DESIGNATIO N. 8 . PROOF THAT ALL PROPERTY OWNERS , WITH!. THE DISTRI CT . HAVE BEEN NOTIFIED OF THE APPLICATIO .. C . PROCEDURES FOR DESIG NATING HISTORIC STRUCT U RES , S ITES AND DISTRICTS FOR PRESERVATION . 1. A NOMINAT ION FOR DESIGNATION AS AN HISTORI C STRUCTURE, SITE OR DISTRICT MAY BE MADE BY THE PLANNING AND ZONI 1G COMMISSION OR CITIZEN FILING AN APPLICATION WITH THE PLANNING AND ZONING COMMISSION . THE FEE C HARGED SHALL -2- .. . , I . 0 - • • • • • --.\ • .. .. • • .. BE SUFFICIE!IIT TO COVER THE COSTS OF P UBLICATIO. ·. NOTICE . RECORDING COSTS. ADMINISTRATIVE COSTS . A!'-D OTHER CHARGES INCURRED IN THE COURSE OF PROCESSll'iG THE APPLICATION . THE APPLICATION FEE SHALL BE ESTABLISHED AND THEREAFTER AMENDED BY RESOLUTION OF THE CITY COUNCIL. 2 . PLANNING AND ZONING COMMISSION REVIEW : a . THE PLANNING A..'ID ZONING COMMISSION SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION NO MORE THAX THIRTY (30) DAYS AFTER THE SUBMISSIO 1 OF THE APPLICATION. b. THE PLA.'-~1:-.lG AND ZONING COMM ISSION SHALL REVIEW THE APPLICATION FOR CONFORMANCE WITH THE ESTABLISHED CRITERIA FOR DESIG!\IATION AND WITH THE PURPOSES OF THIS SECTION. c. COMM ISSION SHALL RECOMMEND APPROVAL, MODIFICATION AND APPROVAL OR DISAPPROVAL OF THE APPLICATION. COMMISSION MAY RECOM~1END CONDITIONAL APPROVAL UPON THE EXECUTION OF CERTAIN EASE~1ENTS . CO\"ENAKTS, OR LI C ENSES . d. THE FINAL DETERMINATION WILL BE MADE B'i CITY COUNCIL 3 . LIMITATION ON RESUBMISSION AND RECONSIDERATION OF PROPOSED DESIGNATION : WHENEVER THE COJ\1MISSIO:-.l DISAPPROVES A PROPOSED DESIGNATION , NO PERSON SHALL SUBMIT AN APPLICATION THAT IS THE SAME OR S U BSTANTIALLY THE SAME FOR AT LEAST ONE (1) YEAR FROM THE EFFECTIVE DATE OF THE FINAL ACTION ON THE DENIED APPLICATION . D. CRITERIA: 1. ALL BUILDINGS. STRUCTURES OR DISTRICTS: THE PLA. NING AND ZONING COMMISSION SHALL USE THE FOLLOWING CRITERIA TO DETERMINE WHETHER A BUILDING, STRUCTURE OR DISTRICT HAS ARCHITECTURAL OR HISTORIC SIGNIFICANCE : a . ONLY BUILDINGS OR STRUCTURES WHICH HAVE BEEN IN EXISTENCE FOR AT LEAST FIFTY (50) YEARS , OR DISTRICTS IN WHICH THE MAJORITY OF STRUCTURES HAVE BEEN IN EXISTENCE FOR AT LEAST FIFTY(50) YEARS MAY BE DESIGNATED : IN ADDITION : SUCH BUILDING , STRUCTURE OR DISTRICT MUST ALSO MEET ONE OF THE FOLLOWING CRITERIA: 1. A BUILDING . STRUCTURE OR A MAJORITY OF STRUCTURES WITHIN A DISTRICT WHICH HA VE SOME CONNECTION TO EVE!IITS OR PERSONS SIGNIFICANT TO THE HISTORY OF THE CITY OF ENGLEWOOD , ARAPAHOE -3- . . .. • • I· 0 • .. ~ -· • ,. ·~·. .. .. • -' COUNTY . THE STATE OF COLORADO , OR THE U NITED STATES ; OR ii. A BUILDING , STRUCTURE OR A GROUP OF STRUCTURES WITHIN A DISTRICT WHICH EMBODY DISTING U ISHING CHARACTERISTICS OF AN ARCHITECTURAL TYPE INHERENTLY VALUABLE FOR A STCDY OF A PERIOD , STYLE . METHOD OF CONSTRUCTJO , , O R OF INDIGENOUS MATERIALS OR CRAFTSMANSHIP : OR iii. A BUILDING . STRUCTURE OR A GROUP OF STRUCT "RES WITHIN A DISTRICT WHICH EXEMPLIFIES OR REFLECTS THE BROAD CULTURAL. POLITICAL. ECONOl\lIC OR SOCIAL HISTORY OF THE CITY OF ENGLEWOOD . ARAP.AHOE COUNTY , THE STATE OF COLORADO , OR THE UNITED STATES; OR iv. THOSE BUILDINGS, STRUCTURES OR DISTRI CTS WITHIN THE CITY WHICH ARE LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES SHALL BE CO~STRL'.ED AS HA\rl!\'G LOCAL HISTORIC DESIGNATION . A'.'JD SUBJECT TO THE SAME PRO\rlSIONS AS ANY LOCAL HISTORIC BUILDING. STRUCTURE OR DISTRICT . 2. DISTRICTS : THE PLA.~NING AND ZONING COMMISSI01' SHALL USE THE FOLLOWING ADDITIONAL CRITERIA TO DETER~IINE WHETHER A DISTRICT HAS ARCHITECTURAL OR HISTORIC SIGNIFICANCE: a . SIGNIFICANCE IS DETERMINED BY APPL'rl'.'JG THE CRITERIA OF SUBSECTION 1. OF THIS SECTION TO THE PATIERN (S) AND UNIFYING ELEMENT(S). b . NOMINATIONS WILL NOT BE APPROVED U::-JLESS THE APPLICATION CONTAINS WRITIEN APPROVAL FROM THE OWNERS OF AT LEAST TWO-THIRDS (2 /JR05) OF THE PROPERTIES WITHIN THE DISTRICT BOUNDARIES . c. PROPERTIES THAT DO NOT CONTRIBUTE TO THE SIGNIFICANCE OF THE HISTORIC DISTRICT MAY BE INCLUDED WITHIN THE BOUNDARIES SO LONG AS THE NONCONTRIBUTING ELEMENTS DO NOT NOTICEABLY DETRACT FROM THE DISTRICT'S SENSE OF TIME , PLACE AND HISTORICAL DEVELOPMENT. NONCONTRIBUTING ELEMENTS WILL BE EVALUATED FOR THEIR MAGNITUDE OF IMPACT BY CONSIDERING THEIR SIZE, SCALE , DESIGN, LOCATION. AND/OR INFORMATION POTENTIAL. d . DISTRICT BOUNDARIES WILL BE DEFINED BY VISUAL CHANGES. HISTORICAL DOCUMENTATION OF DIFFERENT ASSOCIATIONS OR PATTERNS OF DEVELOPME NT , OR EVIDENCE OF CHANGES IN SITE TYPE OR SITE DENSITY AS ESTABLISHED THROUGH TESTING OR SURVEY . -4- ' ., ~ ... • I . 0 • • -• .. ~ --· .\ • ... .. • -... e . WHEN DISTRICTS ARE DESIG ;ATED . APPLICABLE DESlG:S: GUIDELINES AND OTHER APPROPRIATE RESTRICT!O:S:S '.\UY BE INCLUDED AS PART OF THE DES!GNAT!O:S:. f. THE DISTRICT COULD BE EXEMPT FROM THE AGE STANDARD IF THE OTHER SIGNIFICA:\'T CR ITERIA . .\RE FOUND EXCEPTIONALLY IMPORTANT . Section 2. The Englewood City Council hereby a m e nd s Title 16 . C h apter Section 1, of the Englewood Municipal Code . 1985 , with the addi tion of the followi ng definitions, in alphabetical, order to the definitions as follows : 16-8-1: DEFINITIONS: B. DEFINITIONS : HISTORIC DISTRICT : HISTORIC BUILDING OR STRUCTURE A GEOGRAPHICALLY DEFI::-.:ABLE AREA THAT POSSESSES A SIGNIFICA:S:T CO:S:CE::,.iTR.-\T IO;-.;. LINKAGE OR CO :S:Tl:-.iUTY OF SITES. BCILDl:S:GS . STRL"CTL"RE OR OBJECTS C :S:I TED BY PAST EVENTS OR AESTHETICALLY BY PLAN OR PHYSI CAL DEVELOP'.\IE:\'T . A BUJLDl:\'G OR STRL"CTL"RE DESIG:\'ATED BY CITY COL":-.iCIL . THAT IS WORTHY OF REHABILITATION , RESTORATION A:® PRESER\"ATIOI\ BECA CSE OF ITS C iLTliRAL. ARCHITECTURAL A DIOR HISTORI CAL SIG1'11FICA.c'1CE TO THE CITY . Section 3. Safety Clauses The City Council. h e r e by find s, dete rmines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the h ea lth, safety. a nd welfare of the public, and that this Ordinance is necessary for the preservation of health a nd safety and for the protection of public convenience a nd welfare . The City Council further determines that the Ordinance bears a rational relation to the proper le gi s lative object sought to be obtained . Section 4 . Severabjhty If any clause, sente nce , paragraph. or p a rt 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 , s uch judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inconsistent 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. -5- ., ' ' > I • 0 -.. .. .. ........ • • •• ., .. ... Section 6 . Effect of repeal or modification 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 7. ~-The Penalty Provision ofE.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 15th day of November, 1999. Published as a Bill for an Ordinance on the 19th day of November. 1999 . , Ma yor 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 a Bill for an Ordinance, introduced . read in full , and passed on first reading on the 15th day of November, 1999. Loucrishia A. Ellis • "· .. . • -.. I • 0 32X - • ORDINAI'1CE NO. SERIES OF 1999 ', .. .. • ·--• • •• ' BY AUTHORITY A BILL FOR .\ ' .. ' ... /Oo_r COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING AN I NTERGOVERNr.lENTAL . .\GREE:\IENT ENTITLED "FIRST Al'v!E:-.IDED INTERGOVERNMENTALAGREE'.'vlE~T FOR THE ESTABLISHMENT OF AN E:'v!ERGENCY COMMU '.'HCAT IONS SER\ lCE AUTHORITY'' BETWEE N BE'.:1/NETT FIRE PROTECTION DISTRICT . TOW~ OF BOW MAR . BYERS FIRE PROTECTIO 1 DISTRICT , SOUTH METRO FIRE RES CL:E . CITY OF CHERRY HILLS VILLAGE . COLUM BINE VALLEY , CUNNINGHA.\1 FIRE PROTECTION DISTRI CT . TOWN OF DEER TRAIL . DEER TRAIL FIRE PROTECTIO N DISTRI CT . CITY OF FOXFIELD . CITY OF GLENDALE . CITY OF GREENWOOD VILLAGE . CITY OF LITTLETON . LITTLETON FIRE PROTECTIO~ DISTRlCT . PARKER FIRE PROTECTI01' DISTRI CT. RATTLES1'AKE FIRE PROTECTION DISTRICT . SABLE-ALTL'RA FIRE PROTECTION DISTRICT. CITY OF SHERIDAN . Sh.1'LI. 'E FIRE PROTECTION DI STRICT. STRASBL:RG FIRE PROTE CTION DISTRI CT. UN ITED FIRE DISPATCH AUTHORITY AND THE C ITY OF ENGLEWOOD , COLO RADO PERTAI N ING TO THE ARAPAHOE COC~TY E- 911 EMERGENCY TELEPHONE SERVICE A THORITY . WHEREAS , in 1988 the parties e ntered into a n intergovernmental agreement (IG A) for the establis hm ent of the Emergency Telephone Service Authority which e ·tablis hed the Arapahoe Cou nty E-911 Emergency Tel ep hone Service Authority : and WHEREAS , in 198 the !GA wa s entered into purs u a nt to the a uthortty granted by Section 29-1-20 3, C .R.S . a nd Section 29-11 -10-1 (1). C .R.S .; and WHEREAS, due to cha n ges in fact , circumsta nces, technolog-; a nd the law si nce the parties e ntered into the 19 88 !GA . the parties to this intergovernmental agreeme nt wish to a me nd the 1981! !GA t o com port with Co lorado law a nd carry out the purposes a nd intentions of t he parties to the agr eeme nt: a nd WHEREAS , this Agreement establishes a separate legal entity known as the "Arapahoe Co unty E-911 Emergency Comm unicatio ns Service Authority" which sh all be responsible for administering the in stall ation , operation . maintenance , upgrade and enhancement of emerge ncy com muni cation s se rvices to the parties of t his agreement; NOW. THEREFORE , BE IT ORDAINED BY THE C ITY COUNC IL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon I. The "First Amended Intergovernmental Agreeme nt For The Establishment Of An Emergency Co mmunications Service Authority'' attached he reto as "Exhibit A ," is here by accepted a nd approved by the City Co unCLl of the City of Englewood, Colorado . -I - ,. I • 0 -• .. "' ... • •• COUNCIL COMMUNICATION Date Agenda Item December 6, 1999 10 a i Initiated By • ,\ I .. Subject An ordinance approving an amended Intergovernmental Agreement dealing with the Arapahoe County E-911 Authority Department of Safety Services I Staff Source Chris Olson , Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the First Amended IGA for the Establishment of an Emergency Communications Service Authority (E-911) in Arapahoe County. RECOMMENDED ACTION Passage of this ordinance. BACKGROUND, ANALYSIS., AND ALTERNATIVES IDENTIFIED .. The original IGA, approved in 1988, established the Arapahoe County E-911 Emergency Telephone Service Authority. Due to changes in fact, circumstances, technology and the law since the parties entered into the 1988 Agreement, the parties to this agreement wish to amend the 1988 IGA to comport with Colorado law and carry out the purposes and intentions of the E-911 Authority. The City of Englewood is a party to this agreement. FINANCIAL IMPACT None directly. All costs are bome by telephone users (both landline and wireless). LIST OF ATTACHMENTS A copy of the standardized bill for the ordinance. '· • ., ,. ., ' .. • 0 I· 0 I - ----.. • .. .......... • •• .. ... Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "First Amended Intergovernmental Agreement For The Establishment Of An Emergency Communications Service Authority'' for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 6th day of December, 1999 . Published as a Bill for an Ordinance on the 10th day of December, 1999 . Thomas J . Burns, Mayor ATTEST: Loucriahia A . Ellis, City Clerk [, 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 passed on first reading on the 6th day of December, 1999. Loucns hi a A. Ellis -2- .. , . •\ .. .. - I • 0 • • • .. ~ ,;-- .\ • t .,• ·,. .. .. -. • • ' ... ' FIRST AME:-JDED lNfERGOVERNMENrAL AGREE:\1E~ FOR THE EST . .\BLISHMENT OF AN EMERGE'.'ICY COMMUNICATIONS SERVICE AFrHORITY This First Amended Intergovernmental Agreement for the Establishment of an Emergency Communications Service Authority (the 'Agreement ') is made and entered into this day of 1999 , by and between the following public entities which shall collectively be referred to as the 'Parties '': AR..\PAHOE COUNTY , a body corporate and politic ("County"); BE:'-INETI FIRE PROTECTION DISTRICT , a Special District ("Bennett "); TOWN OF BOW MAR, a municipal corporation ("Bow Mar"); BYERS FIRE PROTECTION DISTRICT, a Special District ('Byers "); SOUTH METRO FIRE RESC UE. a public entity ("South Metro "); CITY OF CHERRY HILLS VILL\GE , a municipal corpor:ition ("Ch ,my Hills '); COLU IBINE V . .\LLEY , a municipal corporation ("Columbine Valle,·"); CU'.\>iI'.\GHA~ FIRE PROTECTION DISTRICT , a Spec ial District (Cunningham "); TO \\-:\ OF DEER TR..\IL, a municipal corporation ("Deer Tra il"); DEER TR..\IL FIRE PROTECTI O '.\ DISTRI CT , a Special District ("Deer Trail Fire "); CITY OF E'.\GLE\\'OOD . a mun icipa l corporation ("Englewood"); CITY OF FOXFIELD , a munic ipal corpo rati on 1"Fo xiie ld "1 ; CITY OF GLE '.\D . .\LE. a muni ci pal corporation ("Glenda le '); CITY OF GREE "-".V OOD \'ILL\GE. J murn cipal co rp o ration ("Greenwood Village "); CI TY OF LITTLET O'.\. a munic ip al co rporation l"L1tt leton'l; LITILETON FIRE PROTECTIO!\: DISTR IC T, a Special District ("Littleton Fir e"); PAR KER FIRE PROTECTION DISTRICT , a Special District ("Parker"); R..\TILES'.\ . .\H FI RE PR OTE TlO N DIS TR ICT ("Rattlesnake Fire "); S . .\B LE-. .\LT UR..\ FIRE PROTECTI O '.\ DIS TRl T, a peoal D1~mct ("Sable-. .\ltura"); CITY OF SHERID . .\'.\, a municipal corpor:iti on (''Sh eridan · ; SKYLl'.\E FIRE PROTECTION DISTRICT , a Special District ("S kyline "); and STR..\SBL'RG FI RE PR TECTI0 1'i DISTRICT , a Special District ("Strasburg ''), C'.\ITED FIRE DI P. T H AL'THO RITY . WIP..'ESSETH : WHER EAS . pursuant to §29-11-104 (1) of th e Col o rad o Re,·ised Statut es (C.R .. ), a am ended . the P:irt1es ar e authorized to enter into agreements for the pur po e of pro\'ldin g emergency communications services; and , \V HE REAS , the Colorado Constitution , Article XIV , Se ction 18 and §2 9-1-201 , C.R.S. ~ ~-pr ovide for and encourage political subdivi sions of the State of Col o rad o to make the m ost efficient and effective use of their pow ers and re sponsibilities by coo perating and contracting with each other; and \VHEREAS , §29-1-203, C.R .S ., as amended . authoriz es an y pol itical subdivision or agenc y oi the State of Colorado to cooperate or con tract with one another to provide any function , service , or facility lawfully authorized to each of the cooperating or contracting entities, including the sharing of costs , imposition of taxes, or incurring of debt. WHEREAS , in 1988 the Parties entered into the Intergovernmental . .\greement for Establishment of the Emergency Telephone Service Authority (the "1988 !GA ") which established the Arapahoe County E-911 Emergency Telephone Service Authority . The 1988 !GA was entered into pursuant to the authority granted by §29-1-203 , C.R.S . and §29-11· 104 (1), C.R .S . I! X ... I • I T A ' ' . ' I· 0 .. ,. ,.,-. .l • . ... ... • -' WHEREAS , due to changes in fact, circumstances, technology and the law since the parties entered into the 1988 !GA, the Parties to this Agreement wish to amend the 1988 !GA to comport with Colorado law and carry out the purposes and intentions of the Parties to th is Agreement. WHERL\S , the Parties intend b y entering into this Agreement that th e Authority hereby created shall fall within the definition of a "public entity" under the Colorado Governmental Immunity Act , 24-10-101 C.R .S., and "nonprofit organizati o n ·· und er the Volunteer Service Act §§ 13-21-115.5 , 13-21-115 .7 and 13-21-116, C.R.S. NOW, THEREFORE . in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: I. SL'PERSEDING ALL PRIOR .\GREE~IE:';:'TS The Parties agree that , upo n execution, th is Agr eement super ede all nor representati ons and understandin gs between the Parties , wh ether wrirten or o r:i l. 11 clu<lm ~ but not limited to the 1988 IG . .\. IL DEfl'.'ilT)O!\:S The definitions for th e term s "emergency teleph o ne charge,' "emergency telepho ne service." "exc hange access facilities ," "go wming body." "public agency ." ·ser.Ke suppl ier ," "service u ser." "wi re less communications access ," and "wire less earner" a used in thi s Agreement shall be the same as the definitions for those terms set iorth in §29-I I-100.5 , C.R .S. as amended. The term "emergency communications services " sh:ill mean any form of emergency communication which the Auth o rity facilitates or pro\·i des to the Parties , and includes but is not limited to , emergency telephone services , wireless communications access , and other developing technologies used fo r communications purposes. Ill . EST.:\BUSHMENT OF THE .\R..\PAfiOE COUNTY E-911 EMERGE'.'iCY COMMV~lCATIONS SERVICE Al'THORITY The Parties hereby establish a separate legal entity t o be known as th e "Arapahoe County E-911 Emergency Communications Service . .\uthority" (the "Auth o rity") which shall be responsible for administering the installation, operation , maintenance. upgrade and enhancement of emergency communications services to th e Parties . ' The Authority is a nonprofit public entity established pursuant t o §29-1-203, C.R.S . and §29-11-100.5 , C.R .S., ~ KQ. and in conformance with the Colorado Governmental Immunity Act, 24-10-101 C.R .S., ~~-and the Volunteer Service Act §§13-21-115 .5 , 13-21- 115.7 and 13-21-116, C.R .S. {00206679 .COC ;l ) 2 • ' .. . .. .. ) I • 0 • • • .. ,. .,-. • , . . ,. • • ... ., .. ' ' 0 The Parties agree that the Authority is an independent, legal entity separate and distinct from the Parties and their respective members. The bo undaries of the Parties and their respective members, as they may from time to time be changed, shall comprise the jurisdiction of the Authority. IV. ESTABLISHMEV( OF . .\UTHORITY BOARD l. Governing Board. The . .\uthority shall be governed by a Board of Direct o rs. which Board shall have the power to perform all acts necessary , whether express or implied . to fulfill the purpose, and to provide the functions . services and facilities . fo r which the Authority was formed. 2. Composition of Board. The Authority shall be gO\·erned by a Boa rd of Directors (the "Board ") consisting of five (5 ) members to be selected in the fo ll o w ing m an ner: a . Tw o members sha ll be se le ct ed b\· th e Count\' Comm1 st0ners to represent law enforcement , fr om a li st of nominees· submitted b~: cities. tm ,·ns and th e County Sheriff, but each such entin· may sub mit n o m o re than one n o min ee to r e:ich vacancy; b. Tw o members shall be selected b\· the Co unt\· Co mm iss ioners to represent f1re protection and emerge n cy m edical · services fr o ~ a list o r n o min ees submitted by fire protection districts and fire departments, but each such enti ty may submit no more than one nominee for each vacancy; c. One member shall be selected by th e Board of County Comm issioners: d . \!embers may be appo inted to serw consecutiw terms on the Bo ar d . The term s of all member shall be fo r two (2) years and shall be sta gge red m e\'en and odd years. One member from law enforcement and one member fr o m fir e protecnon and emergency medical ser.-ices shall be appointed to the terms of offi e cornmencin in even years, the other member of law enforcem ent and the other m ember of fi re protection and emergency m edical sen·ices shall be appoi nted fo r th e terms of office commencing in odd years; and , e . Each member of th e Board shall sef\·e without co mpensatio n . 3 . Voting and Quorum. Eac h m ember of the Board shall ha\·e one ( 1) vote. A quorum of the Board shall consist of three (3) me mbers, excep t that , should th ere be three (3) or more vacancies at an y time, then , during that time only a quorum shall consist of tv,o members. No official action may be taken by th e Bo ard on any matter unless a quorum is present. The affirmative vote of a majority of the Board members present at the time of the vote shall be required for the Board to take any action . 4. Bylaws. The Board shall adopt Bylaw s as necessary for the conduct of the Authority so long as such Bylaws are not in conflict with the provisions of this Agreement, or Federal or State law . The Bylaws shall include, but are not limited to, procedures for {0 0206 6 79 .DOC ;l : 3 .. I • 0 . ] • • .. ,\ • .. • . . •• ' appointment of officers of the Board as necessary to conduct the affairs of the Authority and shall contain provisions allowing for amendment of such Byl aws. 5 . Meetings. a . The Board shall hold a regular meeting every two months. at such time and place as the Authority shall deci de and may, upon the call of the Chairperson or of any three Board members. hold special meetings. An y regular meetin g may be canceled by a simple majority of the Board , or by the Chairperson for good cause . b . All regular meetings and special meetin gs held by the Bo a rd and any subcommittee meetings of the Board where public business is discussed or at which formal action may be taken , shall be subject to the Colorado Sunshine :\ct of 19;2. pursuant to C.R .S. 24-6-401 ~ ~ .. as amended . :-.iot ice of all re gular meeting and special meetings sh all include the meeting agenda and shall be posted in one ( 11 o r more public places as the Bo ard m ay de signate from time to time no less than 24 hours prior to the meeting. The posting shall include specific agen da info rm:mon where possible . c. The Boa rd shall keep minutes of its proceedings showing the pr e~ence or absence of each Boa rd member and the vo te of each member u pon every m ot10 n . Failure to vote and any abstention s shall be noted in the minutes. V. POWERS OF THE AlTHORIU 80.-\RD l. Plenary Powers . Except as otherwise limited b y th is . .\greement , th e Authority. in its own name and as proqded herein , shail exercise all powers lawfully authorized by the Parties pursuant to Se ctio n 29-1-203 C.R.S . and §29-11-100 .5 , C.R .S .. ~ ~ .. as amended, including all incidenta l, implied . expressed or such other powers as necessary to execute the purposes of this . .\greement. The . .\uthority shall act through its Board , officers and agents as authorized by this . .\greement and the Bylaws and Rule s and Regulations of the Auth o rity. The :\uthority shall not ha\·e the p o wer to le\·y taxes on its own behalf or on behalf of any Contracting Party . 2. Enumerated Powers. The Authority is authorized to undertake all actions reasonably necessary for the installa n on. operation and maintenance of emerge ncy communications services within the Authority's jurisdiction , and which the Authority believes are n ecessa ry to carry out the intent and purpose of this Agr ee ment, includi n but not limited to: a. Imposing, and assuring the collection of, an emergency telephone charge in the amount and manner pro vided by §29-1-203 , C.R.S . and §29-11-102 & 103, C.R .S., as amended, or as may in the future be amended. This charge may be imposed and collected from land based and wireless carriers, as well as from any other communication service provider as authorized by §29-11-102, C.R.S. ~ KQ· and any future amendment thereto; ( 00206679 . ooc ; l ) 4 ', ) I • 0 • • • .. ,. .\ • .. • •• b. Acquire, hold, lease (as Lessor or Lesse e ), sell , or otherwise dispose of any legal or equitable interest in real or person a l property in connectio n with the installation , operation and maintenance of the emergency communications services ; c. To enter into, make and perform contracts and agreements with other Federal. State or local governmental , non-profit and private entities which are reasonably necessary for the acquisition , repair or maintenance of equipment, or the installation , operation or maintenance of the em ergency communications services; d . To employ agents, accountants, attorneys , engineers, consultants and other individuals and entities as the Authority deems necessary for the pe rfo rmance of its obligations under this Agreement; e . To co nduct the business and affairs of the . .\utho rity ; f. To incu r d ebt s, liabilities , o r obligations to t he extent and in the manner permitted by law , bo rro\\' m oney and from time to time . to make . acc ept , endorse , ex ecut e, issue and del i\·er notes an d o t her obligatio ns of the . .\ut honty for monies borrowed . or in payment for propert\· acq u ired , or fo r an\· of th e oth.:r purposes , servic es o r functions authorized by this . .\greemen t ; and as pr o\·1ded b~· la\\', and to the extent pe rm itted by law , to secu re the payment of any . .\uth o rity obli at 10n by mortgage . pledge. deed , indenture, agreement, o r o t her coll a teral instrument. o r by lien upon or assignment of all o r anv part of th e properties, ri gh ts , assets , co r trJG . easements, revenues and pri\·ileges of the Authority except thJt no de bt , liabi li ty . o r obligation shall exte nd to or be an o bligat ion of any contracting party unl e s properly authorized by such contracting party and agreed to in writing; g. To own , operate and maintai n real and pers o nal p roperty and ac ilrne indi\·i dually or in common with others, and t o conduct joint . parmer~hip . cooperative or other operations with o ther indi vidua ls and entities. and to exercbe :i ll powers and auth o rity incident thereto and authori zed b y this . .\greement ; h . To sue and to be su ed in it s own nam e; i. To adopt and amend from tim e to tim e, by resolutio n , Bylaws and Rules and Regul ati o ns as the Board deems nece ssary and appropriate for the exercise of the powers granted, and perform in g the obli ga t ions imposed . by this . .\greement ; j. To rec ei ve contrib utio ns. gifts, bequests, gra nts , cas h , equipment or services from the Parties or any other publi c or private individual or entity fo r the furtherance of the intent and purpose oi this Agreement, a nd th e Autho rity's p e rformance of its obligations under this . .\greement; k . :-.:egot iate and enter into agreements with equipment vendors, suppliers and service suppliers for the acquisition or maintenance of equipment, and fo r th e purpose of obtaining the benefit of technological developments which the Aut hority 5 • '· ' I • 0 .] • " ,,.-. .\ • •· . : ~ I " • ' . • ... deems necessary to improve or enhance the quality and efficiency of emergency communications services to the Parties; and, I. Any other act or service which the . .\uthority believes is reasonabl y necessary for the exercise of its powers, and the performance o f its obligations, under this Agreement. VI. RliLES AND REGU . .\TIONS The Authority Board may promulgate and adopt rules , re gul ati o ns , p olicies and procedures which the Board deems necessary to carry out the intent and purposes of thi s Agreement , and to exercise the Authority 's powers an d perfo rm the . .\utho rity's obligat ions , under this Agree ment . ..\fter th eir ini tial ado ptio n , th e rt.ie s, re ulations, po li cie and procedures may be mod ined or amended, p ro'-'ided any such modificat10n o r amendme nt: (a) is approved by a ma jo rity vo te of the Board; \b l is consistent wi th the purpose and intent of this . .\greement; (c ) is not in contlict wit h an~· of the proqsions of ·h is Agreement: an d 1d 1 is in compliance with any and all applic:ible State a nd iederal l;i 1,· . VII. TECH'.\'IC..\l ..\D\'ISORY CO \~IITTEE The Authority sh all create a Technical . .\dq o ry C o rnrrntt ee. E:ich Cont ra cting Party may haw a representati\·e on the Commi ttee . The Committee member shall elect their m,·n chairperson , who will be responsible fo r setting meetings and condu ung the business o f t he Committee. The Committee shall serYe in an ad\·1!>o ry capacity to the . .\u th onty Board. The Comm ittee shall make reco mmendations to th e Bo ar d re ga rd111 t he desi n . equi pment selection , installation , maintenance, en hancemen t and continued ope rat io n of the emergency commun ic at ions serYices. These reco mrne ndattons shall be based upon th e needs of the Part ie s. This Committee shall have no auth o rity to in cu r any expense o r tO commit any fund~ of the . .\uthority or any Contracting Part y. VIII. CH . .\RGES TO BE IMPOSED BY THE . .\L'THORITY The Parti e agree that the Authority may establish a charge fo r emergency communications services up to the amount a uth o riz ed by §2 9-11 -100.5, C.R .S., ~~-.a amended from time to time . Said charge shall be a sse ss ed on a uni fo rm bas is fo r all Parue within the Authority's jurisdiction . The Authority shall not establish a charge in excess of the amount authorized by §29 - 11-102 , C.R.S., as amended from time to time , unless the . .\uthority: 1) first obtains approval by two-thirds (2/3) of the Parties; and 2 ) obtains approval from the Public Utilitie s Commission pursuant to §29-11-102(2)(b ), C.R.S., as may be amended from time t o time . The Authority may invest funds received from any source in accordance with the laws of the State of Colorado for investments by a public entity. ( 002066 7 9 . DOC ; l ) 6 • ' . I • 0 • • --------------------.. --------------------------------- ,,,-. .\ • ., • •• ... .... IX . USE OF FUNDS · CONTRIBLIIONS The Authority shall use the funds generated by the charges imposed by Section Vlll. above , and all funds received by the Authority from any other source, to pay for the costs of acquiring maintaining, upgrading and enhancing equ ipment related to providing emergency communications services, and /or the installation, operation , maintenance, upgrade and enhancement of emergency communications services , including, but not limited to , administrative costs of the . .\uthority, in accordance with , and as authorized by. §29-11-10-l. C.R.S., as amended from time to time. No disbursement shall be made from the funds of the Authority without appropriate supporting documents in the form of receipts, invoices or other documents generallv considered sufficient under GA..\P. The Authority may carry over funds which ha\·e no t been used in a gi ven fiscal year to the following fiscal year. '.\'o thing in this Sect ion IX shall pre\'ent the . .\utho rity fr om returning any surplus funds t o th e Parties . based upo n t he indi\'idual Contracting Pam·'s co ntributi o n s to th e Auth o rit y d u ring th e year in wh ich the surplus is incurred . o r if contributions ha\·e not been made in that year, based up o n the number of exchange acces facilities which that Party has wit hin the Authority whe n compared with th e to tal number of exchange access facilities w ithm t he Auth o rity . Pursuant to §29-11-10-l (3 l, C.R.S., t o th e extent any of these surplus funds are derived fr o m emergency teleph o ne ser\'ice charges imposed pursuant to §29-11-1 02, C.R .S. Such funds can be distr ibuted to the co ntracting parties only if the emergency telephone service is disco nt inued. X . BOOKS A:-.01) RECORDS The Authority shall pro \·ide for the ke e pin g of accurate and correct books of account on a m odified accrual basis in ac co rdance w ith G:\..\P , sh o1vin g in detail the capital co ts, costs o f sen·ices , installat io n. ma intenance and o perating cos ts . and the fin;mcial trJn sacti o ns of the . .\utho ritv. The . .\uthoritv 's books of account shall co rr ectlv show am· and all revenues, costs , or charge·s paid to or to be pa id by each of the Parties, and ·all fund s received b y, and a ll funds expended by, the Auth o rit y. The Auth o rity 's books and records shall be open to inspecti o n during normal business h ou rs upon rea sonable n o tice by the Parties , the ir attorneys accountants or agents . The books and reco rds of the Authority shall also be made ava ilable to the public in accordance with provisions of §2-l-72-201 , C.R .S. ~~-(the "O pen Records . .\ct ") . XI. Al'DITl'.\/G . .\'.\'D REPORTI~G The Authority shall cause an annual audit to be conducted by an independent Certified Public Accountant licensed to practice in the State of Colorado. The Authority shall provide a copy of the annual audit to a Contracting Party upon request . The Authority shall comply with the provisions of §29-1-601 , C.R .S. ~~ .. as may be amended from time to time . The Authority shall comply with all Federal and State financial reporting requirements . (oc :J6679 :i oc:,1 } 7 .. ' .. I • 0 I • ... ~ _,,--. • ,. }'.,, .. .. • -~ ... ' XII. ASSETS OF THE AlffHORITY 1. Assets . Any assets purchased o r received by the ,\uthority subsequent to the formation of the Authoritv shall be owned bv the Authoritv for the mutual benefit of the Parties. Assets purchased ~ith funds of the Authority and o ne or more Parties shall be owned jointly in proportion to the amounts contributed. 2. Asset Inventory Schedules. The Authority shall maintain an asset inventory list for any and all real and personal property which identifies which Contracting Party contributed the asset, the date of an y sale or other disposition of any asset transferred to the Authority, together with the amount of consideration rece ived by the .\uth o rtty . The Authority shall maintain a separate inventory lis t for all real or personal property acqu ired by the . .\uthority in whole or in part . XIII . DEF..\L'LT l".\1 PERFOR~H:'llCE In the event an y Contracting Party fails to comply with am· term o r co 1t1 o n o r t h 1 Agre e ment, that Party shall be considered in deiault of it s obligati o n s u nde r tt 11 \ •r ee m en t. The . .\uth o rity shall provide the go wrrnn body of the Default ing Parry wit h n o u ce o t t 1e default. l\iotice shall be by certified rnJil , return receip t requested . or h and d eli , er~. Th e Defaulting Party shall ha,·e thirty (30) days fr o m the date o f receipt o f t he n o tic e to c re t. e default . A copy of the n o t ice of default sh all be sent t o al l Default1n Pame . Ir t he Defaulting Party fails to cure th e default withi n thirty (30 ) days of rec ei pt o f the n o t ice o f default, the Authority shall immed ia tely terminate services to the defau lttn Pa rty , th e defaulting Party's membership in the .\utho rity shall terminate, and th e default ing P:my sha ll have no rights whatsoever under the Agreement. In a dd it io n . th e defaultmg Party sha ll forfeit all right, title and interest in and to any real and pe rson al pro perty . o r fl n ds , to which the defaulting Party might o therwi se be entitled u pon the d isso lut io n of the .\ut h o rity . If the Autho rity is in default and fa ils to correct after t he requi red n o t ic e. t he n o n-defaultm g Defaultin g Parties may terminate the .\greement immediate ly or co ntinue the auth o rtty an d bring an action to enforce th e . .\utho rity 's o bliga ti on s. XIV . Dl'R\TIO'.\ OF .:\GREE\.IE'.'IT This Agreement shall be in effect from the time it is full y executed and shall contin ue on a year to year basis , unless sooner termina ted in accordance with Secti o n XV of t his Agreement. XV . WlTHDR.\WAL. TER\.IIN .\T)ON . .\;'1/D DISSOLUTION 1. Individual Party's Withdrawal. An y Contracting Party may withd raw from this Authority and terminate its membership under this Agreeme nt by pro,·iding written notice to all other Contracting Parties and the .\uthority Board at least ninety (90) d ays prior to August 1 of that year. Withdrawal from the Authorit y shall become effecti,·e o n .\ug ust 1 of the year in which a timely notice of termination is given . A Party which wit hdraws from the Authority shall retain all right, title and interest in and to any real and perso nal pr operty which it has contributed to the Authority and which is located within the withdrawing {00 20 66 79 .DOC ;:} a ' ..: ~ .. ' I • 0 • • .. ,. -· .\ • " . . .. • ' - •, party's jurisdiction ; however, the withdrawing party shall make the pr ope rty a\·a1lable fo r use by the Authority to the extent necessary for public safety . 2. Termination by Mutual Agreement of the Parties. Cpon a two-thirds majority vote of all Parties , this Agreement shall be terminated and the . ..\uthority dissol\·ed . The effect iv e date of termination shall be December 31st of the calendar year in which the two-thirds major ity vote for terminatio n occurs. 3. Dissolution of . .\uthority . Upon the termination of this .l.greement pursuant to Section XV(2) above, the Authority Board and Contracting Parties shall take such acti ons necessary to effect th e orderly dissolution of the Authority and winding up of the .-\uth ority s operations. All contributions of real and personal property , all revenues rece i\·ed by t l1e . ..\ tho nry . and all assets of the Authority shall be distrib uted .im ong the entities wh o wer e part ies to th e Agreement on the date the vote for termination occurred. The Boa rd shall be re pons1ble fo r inventorying the re\·enues, proper!\' and assets of the . ..\uth ority . making di str1but1 o m ta the Part ies and winding up the affairs of the . ..\uth onty . Real and personal pr o. ,my wh 1c 1 c:in be identified as being contributed in full by a Parry , oth er th an mo netary contributi ons h 11 be returned to the Part y which contrib ut ed 1t .. ..\ Party \,·hich ha made a co ntnbut1 o n to ward a jointly owned asset (as defined in Se ction .\11 1 would be entitled to reta in o wn ership of the asset upon termination ; howe\·er , th e Party mu t ac count to the . ..\uth o rity to r the am o unt o t th e .-\uthority's contribution towar d purcha se of th e a set up o n di str1but1 o n of th e otht'r assets of the Aut h ority. Upo n term ination . any rewnues deriwd from emerg erJC\' teleph o ne service charges im posed pursuant to §29-1 -1 02. .R.S .. will be I tnbuted m acc o rdanc e \\'ith §29-11-104 (3), C.R.S. Such funds can be distnbuted to the co ntractrn parties only if the emergency telephone ser\'ice is disc ontrnued. .-\Ii other re:il and per o n.ii p rope rt\·, and all contributions and revenues , shall be distnbut ed pro rata to th e Contracting P.irues , based upon the number of exchange access fac 1h t1e wh1c~1 each Party ha · \\'lth111 the . ..\utho rity when compared with th e to tal number of e.\ch .inge acc e~s facilit ie s with in th e .\uthori y and any other adjustments expressly requir ed under thi s .l.greement. If a P.i rt y does not agree to the . ..\uthority 's division of a se ts within Si.\ 16 1 month s from th e effecti\·e date of termination. the P.irties shall engage in mediat io n o n all unresolwd issues prior to engaging in legal pr oceedings. In any legal proceeding, the Court may award attorneys' fees , expenses and costs of the proceeding if the Court determines that th e proceeding was nec essita ted by an unr easonable position , or unrea sonable demands , of a Contracting Party . The rights and dut ies of the Parties related to apportionment , division . tran sfer and ownership of assets upon termination shall suf\·ive termination of this . ..\greement . The Parties agree that during the period following the vote to termina te the . ..\uth o rity , the Authority will continue to pr o\·i de emergency communications services in acc ordance wi th this Agreement until th e effective date of termina tion . (00 :0 6679 .:i o c .1 9 ..: . .. ) I • 0 - • • .. ~ --• , ...... .. . .. .. , • -.. XVI. LIABILITY OF THE BOARD OF DIRECTORS, ornCERS AND EMPLOYEES OF THE :\UTHORIJY • I .. ' ' ... As a nonprofit public entity, the Authority and its d irectors, officers and employees shall be immune from civil liability in accordance with, and the extent provided by, §2-l-l 0- 101 , C.R.S . ~~-(the Governmental Immunity Act ), §13-21-115 .5 , 13-21-115.7 and 13-21- 116, C.R.S . (the Volunteer Service Act), as these statutes mav be amended from time to time . and any other applicable law. · In addition, the Authority shall purchase insurance for the Authority and it s Board, officers and employees which insurance will provide reasonable coverage against any claim . suit or proceeding arising out of or relating to any act or omission under this ,\greement. XVII. AMENDME'.\iTS This Agreement may be amended by the two-thirds (:~. 3) consent of the Part ies in writing at any time . XVIII. SEVER:\BIUTI' In the event any provisi o n of this ,\greement is determ ined to be illegal o r in val id for any reason, all other provisions of this ,l.greement shall rema in in full fo rce and effect unless and until otherwise determ ined . The illegality of any pro\·is1o n of this .:\gr ee ment shall in no way affect the legality and enforceability of any other pro\·ision of this .:\gree ment. XIX. SUCCESSORS .:\ND THIRD P . .\RTJES This Agreement shall be binding upon and shall inure to th e benefit of the suc cesso rs of the Parties . This Agreement is not intended to. and d oes n o t . inure to the benefit an~· individual or entity who is not a Party to this .:\greement. XX. ASSIGNMENT .:\ND DELEG.;\TJO'.'i No Party shall assign any of the rights nor de legate any of the duties created by this Agreement without the written approval of two-thirds of the other Parties to this Agreement. IN WITNESS WHEREOF , the contracting parties hereto have caused their representatives to affix their respective signatures h ereto, as of the day and year hereinafter set forth . {00 206679 .:lOC.l } 10 .. ' \ ., .. ' ' . • . ' . I· 0 • • .. ATIEST : Clerk of the Board APPROVED AS TO FORM : Assistant County Attorney ATIEST : APPROVED AS TO FORM : ATIEST : Town Clerk, Town of Bow Mar APPRO VED AS TO FORM: Town Attorney {002 0 66 79 .00C ;l } ; '. .. ~ -- 11 • • •• CO UN TY OF ARAPAHOE, STATE OF COLORADO .\ .. ... Bv·-------------- , · Chai rman , Board o f Countv Co mmissioners BE'.\"NETI FIRE PROT ECTIO :\ DISTRI CT By: _____________ _ TOvV>l OF BO \N \11:\R By: ___________ _ Mayor , Tow n of Bow '.\la r '· ,, ,. .. ' ' .. • I _:, • I· 0 -. _ ... ·~ ATIEST : APPROVED AS TO FORM: ATIEST: APPROVED AS TO FORM : City Attorney ATIEST: APPROVED AS TO FORM: Town Attorney ATIEST: {0020 66 7 9 .DOC;l) 12 • ... ,\ • .. • -.. •• .. ... BYERS FIRE PROTECTION DISTRICT By :. ___________ _ CITY OF CHERRY HILLS VILL\GE By : ____________ _ TOWN OF COLUMBl:"iE V . .\LLEY By :. ___________ _ CUNNINGHAM FIRE PROTECTION DISTRICT By :. ___________ _ ., ,. • I . 0 32X • • --.I ., • -.. ., . ' • • . ' . •• ... APPROVED AS TO FORM: ATTEST: TOWN OF DEER TRAIL By : __________ _ Mayor Pro Tern APPROVED AS TO FORM: Town . .\ttorney ATTEST: DEER TR..\IL FIRE PROTECTION DISTRICT APPROVED AS TO FORM : ATTEST: CITY OF E'.\IGLEWOOD By : ____________ _ City Clerk Mayor APPROVED AS TO FORM: City Attorney I . 0 • (00206679 .00C ;l ) 13 32X ATIE5T : City Clerk APPROVED AS TO FORM: City Attorney ATIE5T : City Clerk APPROVED AS TO FORM : City Attorney ATIE5T: APPROVED AS TO FORM : City Attorney ( 00206679. DOC : l } ..... . .. \, 14 ., .\ • ·, .. .. '· • '. . •• .. ' CITY OF FOXFIELD By : ____________ _ Mayor CITY OF GLE:--.OALE By: ___________ _ Mayor CITY OF GREE:s.iWOOD VILL\GE I . 0 32.x. - • • ATIEST : City Clerk APPROVED AS TO FOR~: City Attorney ATIEST : Secretary APPROVED AS TO FOR~!: ATIEST : APPROVED AS TO FORM : ATIEST : {oo:06o -9 .COC ;l ) 15 ,I • .. • - ... CITY OF L!TILETON By: ____________ _ LITTLET O'.\i FIRE PROTECTIO N DISTRI CT ' ' By: ____________ _ President P.-\RKER FI RE PROTECTIO N DISTRI CT By .. ·_------------- R-\TILES l 'AKE FIRE PROTECTIO N DISTRICT By : ____________ _ .,_ '· • J . ' . ) I . 0 32X ---.---------------------·-.·---------------~--------- - APPROVED AS TO FORM : ATIEST: APPROVED AS TO FOR'.'vl: ATIEST : APPROVED AS TO FORM: ATIEST : • APPROVED AS TO FORM: • Attorney { oo;:06679. DOC ; l ) 16 • • .\ • • - ' SABLE-. .\L TUR..\ FIRE PROTECTION DISTRICT By: ____________ _ CITI OF SHERIDA:-.i By : ____________ _ SK YLl :-.iE FIRE PROTECTION DISTRICT Bv: ____________ _ . ' • . ! ) I . 0 32>< .. ' • ~ --., ,\ • . , . . ] ' .. ~ .,, ~ .. • • I ' . • ' ... ., ATTEST SOU TH \.IET RO FIRE RES CUE APPRO VED AS TO FORM : Attorney ATTEST : STR.\SBL'RG FIRE PROTECTIO\\i DISTRI CT By: ____________ _ APPR OV ED AS TO FORM : Town Attorney ATTEST: u'.\'ITED FIRE PROTECT!O'.\ DISTRI CT By .. ·_-----------~ APPR OV ED AS TO FO R'.vl: Attorney • I· 0 {0020 ,679 .~0C ,l ) 17 32 I .... • • .. ..,--· • '\, .. . . • - .. /QD.__/1 BY AUTHORITY ORDINA NC E NO._ SERIES OF 1999 CO UNCIL BILL NO . 79 INTROD UCED BY COUNCIL MEMBER~~~~~~~ A BILL FOR AN ORDINANCE AUTHORIZI NG AN INTERGOVERN'ME NTAL AGREEi\'lE NT BETWEEN THE CITY OF E NGLEWOOD AND THE COL ORAD O DEPARTMENT OF TRANSPORTATION (C OOT) FOR THE ABAKD ONME~T OF SOUTH BROADWAY BY THE STATE FROM U .S . HIGHWAY 285 SOl.i TH T O THE CITY OF E NGLEWOOD'S SO UTH CITY LIMIT. WHEREAS, the City has maintained South Broad way fr om .S . Hi ghway 285 south t o the City of Englewoo d's South City limits , mcl udm g s now r e mova l a nd s ignal maintenance and has bee n r eimbursed a pproxi mately S40 .000 pe r yea r by COOT fo r this work ; a nd L WHEREAS. in 1998 COOT a pproach ed the Ci ty r qu es t in g t h a t South Broa dway . from U .S . Highway 28 5 t o Englewoo d's so uth Ci ty limit be aba ndoned as a ta t e Highway ; a nd WHEREAS . COOT is ac tively purs uing e limina ting eligibl e r oadway fr om the State Highw ay Sys t em ; and \\ HEREAS . prese ntl y so uth Broadw ay north of U.S . Hi ghw ay 285 1 a City street and so uth of Hi ghw ay 285 is State Highway i 5 ; a nd WHEREAS. Littleton has agr eed to acce pt a portio n of St a te H ighw ay 75 as p a r t of the Littleton S treet Sy te rn ; a nd WHEREAS , nego tia ti ons with COOT included the Ci ty's r equest fo r their pa rtic1p a t10n m the Broa dw ay Widening proiect fr om Ya le to U.S. Highw ay 28 5 ; a nd WHEREAS , the nego tiations concluded with CDOT's co mmitm e nt to p ay one -h a lf of t h e Ci ty's ma tch , not t o exc ee d $370 ,000, for the Ya le to U.S. 28 5 Broa dw ay Wid ening projec t with a n additiona l one time ca sh payme nt of $130 ,000 by CDOT ; a nd WHEREAS , the City Coun cil of the City of Englewood passed Ordina nce No. 66 , S eri es of 1999, a uthorizing an intergovernme ntal agree ment with COOT funding the widening of South Broadway from U.S . Highway 285 to Ya le Avenue in the City of Englewood ; and WHEREAS , the passage of this Ordinance will authorize a n inte rgovernmenta l Agreement with CDOT for CDOT's abandonment of South Broadw ay from U.S . Highway 285 to the City's so uth City limit and transfe rring this section of ro adw ay to the City ; NOW . THEREFORE. BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : -I - • I • 0 • • .. • • - COUNCIL COMMUNICATION Date Agenda Item Subject ' t Intergovernmental Agreement December 6, 1999 10 a ii with COOT for South Broadway Abandonment Initiated By Staff Source Department of Public Works Ken Ross , Director of Public Works Rick Kahm , Capital Projects Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION A goal of Council is to utilize intergovernmental cooperation on projects that benefit all parties . Council directed staff to negotiate with the Colorado Department of Transportation (COOT) regarding this issue . Council approved Ordinance No . 66 , Series 1999 approving and Intergovernmental Agreement with the COOT funding the construction of S. Broadway from Hwy. 285 to Yale . RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation to accept S. Broadway , from Hwy. 285 to our South C ity Limit, as part of our City street system . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1998, COOT approached the City requesting that South Broadway , from Hwy . 285 to our South City Limit, be abandoned as a State Highway. COOT is actively pursuing eliminating eli gible roadways from the State Highway System . Council directed staff to negotiate with COOT. Presently , South Broadway north of Hwy . 285 is a City Street and south of Hwy . 285 is State Hwy . 75 . Littleton has agreed to accept their portion of State Hwy. 75 as part of the Littleton Street System . Englewood has maintained this portion of South Broadway , including snow removal and signal maintenance , and has been reimbursed approximately $40 .000 per year by COOT for this work . Negotiations with COOT included our request for their participatio n in the Broadway Widening project from Yale to Hwy. 285 . Negotiations concluded with COOT's commitment to pay one -half of our match , not to exceed $370,000, for the Yale to 285 Broadway Widening project. Additionally , COOT will make a one time cash payment of $130 ,000. Staff believes this $500 ,000 commitment is fair and produces a win/win for COOT and the City . CDOT's abandonment of this section of roadway transfers to the City all rights to approve access and other traffic related issues. FINANCIAL IMPACT Approval of this agreement brings $500,000 to supplement funds budgeted for the "Broadway Widening and Medians" project. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental agreement I· 0 ,J- • .. " _. . \ • • • •• .. ... Sectjop 1. The City Council of the City of Englewood, Colorado, hereby a uthorizes A "Contract" with the State of Colorado Department of Transportation (C OOT) for the abandonment of South Broadway between U.S . 285 and the City of Englewood 's south City limit by COOT and the accepta nce of this section of South Broadway by the Ci t y of Englewood , attached as "Exhibit A". Sectjop 2. The Mayor is authorized to execute and the City Clerk to attes t and se a l the "Contract" with COOT for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and pas sed on first reading on the 61h day of December , 1999. Published as a Bill for an Ordinance on the 10th day of December, 1999 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby ce rtify that the above and foregoing is a true cop y of a Bill for an Ordinance, introduced , r ead in full , and passed on first reading on the 6th day of December, 1999. Loucrishia A. Ellis -2 - ' . ) ..: .... . ' ' . ... ' I • 0 32X . ] • • • • ~ ,,--· .\ • ~r~,J:. A, .. . . • ' • ' ... ~ CONTRACT THIS CONTRACT, made this __ day of ________ . 19 __ . by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the ·state" or ·coor. and the CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to as "the City", WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS , by ordinance number ___ . dated ________ . 1999 the City ind icated to the State their interest in tak ing possess io n of that po rt ion of State Hi g hw ay 75 , ly ing within the City of Englewood from State High way 285 to the south City lim it of Englewocd , as shown in Exhibit A, wh ich is attached hereto and incorporated here in. and is hereinafter referred to as the "Abandoned Property" ; and WHEREAS, at their meeting on the State Transportation Commission acopted Resolution TC-_, which is attached hereto (Exhibit B ) and incorporated herein by this reference, which authorize<: abandonment of the Abandoned Property.and WHEREAS, the parties desire to enter into this contract to agree upon the condit ions of the SH 75 abandonment by the State and acceptance by the City of the SH 75 Right of Wa y ; and WHEREAS. the parties are authorized to enter into this contract pursuant to the provisions of Sections 29-1-203 , 43-2-106, 43-1-110, 43-1-114 , and 43-2-144, C .R.S ., as amended and pursuant to the attached ordinance (Exhibit C) from the City . ' ' ., .. '· . 'I , J I . 0 . ]- • • .. ,. ,,-- .I • l• •_,, •, \ ~ .. ·~ .. • -' .,, ' NOW, THEREFORE. it is hereby agreed that: 1. This contract establishes the general provisions for and defines certain responsibilities regarding the State's abandonment to the City of Englewood , State of Colorado and the City's acceptance of that portion on SH 75 as shown on Exhibit A. Elements of the abandonment and acceptance include the one time payment of $130,000.00 to the City, for the purpose of maintaining the Abandoned Property , following the abandonment to the City . The State payment as described herein, plus the one time 10% match funds, not to exceed S370 ,000 to be used for the Broadwa y (SH 7 5). US 285 to Ya le projec: No. STU 2854-071 , wh ich will be conveyed by a separate contract. s hall cons titute the total considerat ion from the Sta te to the City related to the abandonment anc: transfer of the Abandoned Property. In addition, the State will transfer to the City . other funds in the form of a 10 % match, not to exceed $370 ,000 . for the section of Broadway. from State Highway 285 north to Yale Avenue , which will be conveyed to the City by a separate contract as part of the contract for construction of State project no . STU 2854-0 71 . The State shall also be responsible for the maintenance of the traffic signals at Broadway (SH 75) and Belleview (SH 88). The City will own and maintain the signals located at US 285 (Hampden) and Broadway at the city 's expense . 2. By Resolution TC-__ dated _______ , attached hereto as Exhibit 8, the State has provided notice of State 's abandonment of the SH 75 right of way, as referenced on Exhibit A, within the City . 2 '· . . '> . ·, .. ~ . . ) I· 0 -:· ... •· . • • •• • I .. .. 3. The City adopted ordinance number __ on _____ . 1999 a copy of which is attached hereto and made a part hereof as Exhibit C , whereby SH 75 , as referenced on Exhibit A within the limits of the City, shall become part of the city's street system and the sole responsibility for SH 75 within the described limits in the City. including both minor and major maintenance. shall be transferred from the State to the City . The maintenance by the City includes the roadway surface of the bridges over State Highway 285 , while the State shall maintain the bridge superstructure . abutments , and retaining walls for the State Highwa y 285 bridges and US 285 off and on ramps . 4. This contract is intended as the complete integrat ion of all un cers :anc ing s between the parties . No prior or contemporaneous add itic n , de let ic . or oth e r amendment hereto shall have any force or effec t whatsoever . unle ss embod ied herein by writing. No subsequent novation. renewa l, add ition, de !etic n. or oth er amendment hereto shall have any force or effec t unl ess embodied ,n a written executed and approved pursuant to the State Fisca l Rules . 5 . This contract shall inure to the benefit of and be binding upon th e part ies . the ir successors and assigns . 6 . The "Special Provisions" attached hereto are hereby made a part hereof. For the purpose of this contract , the City shall be known as "the contractor" for purpose of • the Special Provisions . • • 7 . To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract. the terms of this contract are severable, and should any term or provis ion hereof be declared invalid or become inoperative for any reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any 3 .. .. ) I . 0 - • • --,\ • • -.. .. ,, breach of a term hereof shall not be construed as a waiver of any other term , or the same term upon subsequent breach . 8 . It is expressly understood and agreed that the City shall not in any respect be deemed an agent of the State . ' .. 9 . It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement. shall be strictly reserved to the City and the State . and nothing contained in th is contract shall give or allow any such claim or right of actio n by any other or thi rd person on such contract. Further, it is t he express intentio n of th e City a nc the State that any person other than parties hereto tha t ma y rece ive se rvi ces o r benefits under this contract shall be deemed to be an inc ice ntal be nefi c ia ry on ly . 10 . The City represents and warrants that is has taken all act ions that are necessary or that are required by its procedures. bylaws . or applicable law . to legall y authorize the undersigned signatory to execute th is contract on behalf of the City and to bind the City to its terms . 4 '>. ... . ' ' . ) I . 0 32X - • • • --,\ • .. • •• IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written . ATIEST: STATE OF COLORADO BILL OWENS, GOVERNOR By: --------- Chief Clerk By : ----------- Executive Director APPROVED : ARTHUR L. BARNHART State Controller ATIEST: Department of Transportation KEN SALAZAR Attorney General BY~~~~~~~~~~~~- BARRY 8 . RYAN Assistant Attorney General Civil Litigation Section CITY OF ENGLEWOOD 5 . ' I ',,,,. . ,. ... • J ' 9 ' . I . 0 32X ·• ..-. 0 0 - E <Hi cl:~ ".; I I I • • I • • - • . \ • _ ...... • •• " .. /01-i ji BY AUTHORITY ORDINANCE NO._ SERIES OF 1999 COUNCIL BILL NO . 80 INTRODUCED BY COUNCIL MEMBER~~~~~~- A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLEWOOD LIONS CLUB MINIATURE TRAIN . WHEREAS, the Englewood Lions Club approached the City regarding co ntracting with the City for maintenance of their miniature train. which is operated and housed at Belleview Park; and WHEREAS , the City of Englewood and the Englewood Lion's Club desire to e nter into an agreement whereby Englewood shall provide the Englewood Lions Club with maintenance of the Englewood Lions Club Miniature Train; NOW, THEREFORE, BE IT ORDAI~"ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : $ectjon 1. The Contract between the City of Englewood. Colorado and the Englewood Lions Club pertaining to the maintenance of the Englewood Lions Club Miniature Train, attached as ·'Exhibit A", is hereby accepted and approved by the Englewood City Council . $ectjop 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood , Colorado. Introduced, read in full . and pa ssed on first reading on the 6th day of Dece mber, 1999 . Published as a Bill for an Ordinance on the 10th day of December, 1999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk -1- '· ... .. • < ) I • 0 32X - • • .. ,\ • .. . -· .. ' ... • ' .. --.. .. COUNCIL COMMUNICATION Date Agenda Item Subject Englewood Lions Club Train December 6 , 1999 10 a iii Maintenance Agreement Initiated By I Staff Source Department of Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental and interagency cooperative opportunities. Similar opportunities have occurred with Englewood Schools and the City of Sheridan . RECOMMENDED ACTION - Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign an agreement with the Englewood Lions Club for maintenance of the Englewood Lions Club Miniature Train . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Lions Club recently approached the City of Englewood regarding contracting with the City for maintenance of their miniature train, which is operated and housed at Belleview Park . An initial agreement was reached, stipulating that the City of Englewood will service the train in 1999 at a cost to the Lions Club of $38.20 per hour, plus parts. This is the same rate the City currently charges Englewood Schools and the City of Sheridan for fleet maintenance services . In the year 2000, the rate will be increased to $39.40 per hour, plus parts . FINANCIAL IMPACT The hourly rate of $38.20 in 1999, and $39 .40 in year 2000 , covers the City's expenses for services performed ; a 20% mark up on parts is added . LIST OF ATTACHMENTS Proposed Bill for an Ordinance lnteragency Agreement ., . . .. ~ . ., .. I I • I . 0 3 ]- • • -.\ • . . ;,. ;,, . ~ •.. ' -· .. • -' I . Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado . hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance. introduced , read in full , and paased on first reading on the 6th day of December, 1999. Loucrislua . .\. Ellis -2- '· . "· , . .. ., ... ' .. I • I • 0 • • ~ --.\ • ... .. .. -~ • • ' CONTRACT THIS AGREEMENT, entered into this __ day of 1999 by and between the City of Englewood . whose address is 3400 South Elati Street, Englewood. Colorado 80110 and The Englewood Lions Club , whose address is P .O . Box 205 , Englewood. Colorado 80151. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and Englewood Lions Club that : L The City of Englewood shall. according to a schedule to be made by the Englewood Lions Club and approved by the City of Englewood . perform maintenance of the Englewood Lions Club miniature train a nd shall als o perform repairs requested by Englewood Lions Club or identified by the City of Englewood during inspection of the miniature train. 2 . The City of Englewood shall repair the miniature train of the Englew oo d Li ons Club delivered to the City of Englewood for that purpose in a good. workm anhke manner. 3 . The Englewood Lions Club shall pay to the City of Englewood for such serv1ces the sum of thirty-eight Dollars and twenty ce nts ($38.20) per hour. in addition to the cost to the City of Englewood of any parts or outside vendor charges . 4. This Contract shall authorize the services called for in Paragraph No. L for 1999. Three additional one (1) year periods may be negotiated by the City Manager or his designee. 5. The City of Englewood and the Englewood Lions Club agree not to: refuse to hire , discharge, promote , demote or di scriminate in any matter of compensation: performance , services or otherwise . against any person otherwise qualified so lely because of race , creed, sex, color , national origin or ancestry. 6 . This Contract may not be modified , amended or otherwise altered unle ss mutually agreed upon in writing by the parties . 7. The City of Englewood by and through its employees a nd agents shall be considered for all purposes of the Contract, to be independent co ntractors and not employees of the Englewood Lions Club . 8 . The Englewood Lions Club by and t hrough its employees a nd agents shall be considered for all purposes of the Contract, to be independent contracto r s and not employees of the City of Englewood . -1- ' .. .. I! X .. • I T A .. ) . ., , . .. ' ' I • 0 ,J-.., • • • ,\ • .. · .. ,.., •· . .. • •• ' 9 . The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Lions Club. Any unauthorized assignment or transfer shall render this Contract null, void and of no effect as to the Englewood Lions Club . 10 . The Englewood Lions Club shall not assign or transfer its interest in the Contract without the wntten consent of the City of Englewood . Any unauthorized assignment or transfer shall render the Contract null. void and of no effect as to the City of Englewood . 11. Either party of the Contract may terminate the Contract by giving to the other party 30 days notice , in writing, with or without good cause shown. Upon delivery of such notice by the Englewood Lions Club to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination . The Englewood Lions Club shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total s ervices called for und er the Contract. less such payments on account of the charges as have been previously made . 12 . All notices and communications under the Contract to be mailed or deli ve red to 13 . the City of Englewood shall be to the following address : Director of Public W arks City of Englewood 3400 South Elati Street Englewood , Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Lions Club at the following address: Englewood Lions Club P .O. Box Englewood , Colorado 80151 The terms and conditions of the Contract shall be binding upon each entity, its successors and assigns . 14. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Lions Club and the City of Englewood . -2 - ' ... 0 • >' •, , I I • 0 I ·]- • • .\ • I '•• -, .. .. • -.. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis , City Clerk Thomas J . Burns. Mayor ATTEST: ENGLEWOOD LIONS CLUB -3- ' .,_ " .,, ... . ' I . .. ' I • 0 32X • .. ~? ORDINANCE NO ._ SERIES OF 1999 . . .. ~ -· • ,. , • • BY AUTHORITY A BILL FOR .. . \ ' .. " ... ~ COUNCIL BILL NO. 81 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Murucipal Co urt: and WHEREAS, the City of Englewood has previously applied and been gr ante d VALE Grants for the yea r s 1990 through 1998 ; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Co urt has served the victims of domestic violence since 1990 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ectjon 1. The City Council of the City of Englewood . Colorado hereby authorizes the acceptance of the VALE Grant, a copy of which is marked as "Exhibit A" and attached hereto . $ectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest s aid VALE Grant on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 6th day of December, 1999 . Published as a Bill for an Ordinance on the lO•h da y of December, 1999 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- • ' . .. .. ., . . ' I • 0 TJ - • • .. • ,,-- .\ • J . ' .. . • -.. ... .. COUNCIL COMMUNICATION Date Agenda Item Subject December 6, 1999 10 a iv Approval of VALE Contract Initiated By Staff Source Department of Safety Services Susan McDonnell Victim/Witness Services Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a similar contract in 1998. RECOMMENDED ACTION ... Approval of the contract with the Victim Assistance and Law Enforcement (VALE) Board for awarding of victim assistance funds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Department has been receiving VALE monies for the past several years . Last year was the first year that the VALE Board requested Council's approval. These monies are used to fund 50% of our Victim/Witness Advocate's salary. FINANCIAL IMPACT The City will receive $15,157 in VALE monies in quarterly installments of $3 ,790. LIST OF ATTACHMENTS VALE Contract '· ' . " \ • . ' I· - ... • ,\ • .. ' . • •• I. Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, mtroduced , read in full, and passed on first reading on the 6th day of December, 1999. Loucrishia A. Ellis -2- ' '· . . " ,. '\ ., .. . ' • I • 0 • • • .. • ... • - VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT .I .. Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act , Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18'n Judicial District has made the following award : Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood , Colorado 80110 Grant number : 00-38 Project Title: Vic~im /Witness Advocate Purpose of Grant Funds : To provide support for victims of domestic violence through the court process . Services /Equipment Being Funded: .50 FTE Vict im Advocate Grant Period : January 1 to December 31, 2000 Amount of Grant Award : $15, 157 Quarterly Installments : $3,790 Bi: IT UNDERSTOOD THAT: ( 1) All disbursement of awards are contingent upon the availabi li ty of VAL!: funds . (2 ) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth here i n . (3) The grant recipient is required to submit Financial Reports quarterly : April 30, 2000, July 31, 2000, October 31, 2000 and January 31, 2001 for funding for 2000 . The report due on January 31, 2001 shall be the year end report. The VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms . -~ _ _.. __ ·--,~ ~-_,,_ E X ... I B I T A .. I . 0 - • .\ • • ••• .. .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of December, 1999. Loucrishia A. Ellis -2- :, .. ., \ ~ • ' ' • I • 0 32 • • • .. Englewood Department of Safety Services 00-38 ~ ,-- • • • ., .. (4) The grant rec ipient is required to submit Program Reports on July 31. 2000 and January 31, 2001 , which address any special conditions that are listed in th is contract. The report due on January 31, 2001 shall be the year-end report. It shall show totals for the entire year and must address any spec ial conditions that are listed in this contract . The VALE Board will provide Program Reporting Forms . Grant recipients are required to use these forms . Reports shall be sent to: Francie Miran , Grant Evaluator VALE Board District Attorney 's Office 7305 South Potomac Street , Suite 300 Englewood, Colorado 80112-4031 (303 ) 6 4 3-4600 (5 ) Failure to subm it these requ ir ed repor t s o n t h e dates due may res ult in termination of the grant awa r d , return of a w arded f unds or t h e loss of fut ure funding by VALE . (6) Spec ial condit ions for the a w ard which ha ve been stipu lat ed betw een the VA LE Board and the grant rec ip ient are as follows : None (7) Any equipment p urch ased w ith VALE funds must remain w ith the grant recipient . Equ ipme n t m ust be used for the purpose des ignated in the grant application . Any use by others or transfer of ownersh ip must be reported to the VALE Board . in wr it ing . prior to the occurrence of such use or transfer . The Board may approve such use or transfer or may reques t return of the equipment . (8) Any change in the use of grant funds shall be approved by the VALE Board . The request for such change shall be in writing . Approval of the VALE Board sh all be obtained prior to any such use. (9) Amendment of any other terms of this contract shall ha v e prior approva l of t h e Board. Requests for amendment shall be in writing. ( 1 0) The grant recipient shall submit written notificat ion by December 1 . 2000 to the VALE Board if the grant rec ipient will have any remaining funds at the end of the grant period. ., \ . ~ . , ' ' • I • 0 • • -. ·· ....... .. En glewood Department of Safety Services 00-38 ~ • • - ,\ I .. ' A ll unused funds shall be returned to the VALE Board unless the grant rec ipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include : The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended . Such request must be rece iv ed on or before December 1 . 2000. Upon rei:eipt of the reques t. the VALE Board shall dec ide whether to grant or de ny the request without further presenta ti on or hear ing . ( 1 1) The grant rec ipien t ag re es that all funds rece ived under thi s gra nt sha ll be expended solely for the purposes stated above and t hat an y funds no· so expended . including funds lo st or diverted to other purposes , sh all be r epa id to the VALE fund. ( 1 2 ) The grant recip ient agrees to comply with the letter and sp ir it of the Co lorado Anti-d iscr imination Act of 1957, as amended , and other ap plicable la w respect ing d iscr imination and unfa ir emp loyment practices (C .R.S . Sec . 24-34-40 2 ) and required by Executive Order , Equal Opportunity and Affirma t iv e Act ion , date Apr il 16 , 1975 . ( 1 3 ) Non-compliance with any portion of this contrac: may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VAL: Board Any combinat ion of the above . ( 14) All grant recipients sha ll make av ailable to the Board or its authorized des ignee all current books , records, procedures or other informat ion relat ive to the grant application and implementation. (15) The funds granted by this contract for Victim Services shall be disbursed in quarterly installments pending VALE Board approval of all requ ired reports and verification of expenses . The funds granted by this contract for equipment may be dispersed by a single payment for the full amount , pend ing VALE Board approval of all required reports and verification of expenses. ' . .. ., • 0 I • 0 • • • ·~ Englewood Department of Safety Services 00-38 .. ,,- • • • ,\ .. ' The grant recipient, through the following signatories. understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. @r~&L Project Director -~~'"' Authorizing Offic ial Thanas ,; • BurnF., Mayor John C . Bennett Chair , VALE Board Date_""""ff~/ 2:__,'/.+-f_._t1_._q __ I I Date_1_/ 4_:l_v_~_f_'J ___ _ Date __________ _ Date ------------ Autnorized Otticial : The authorized offic ial ,s the person who is . by virtue cf suc h person 's pos ition . authorized to enter into contracts for the grant rec ipient . This could include : Mayer or Cit y Manager . Chair person cf the County Comm iss ioners . District Attorney , President or Chairperson of the Beard cf Directors . Superintendent. or ether Chief Executive Officer. Financ ial Officer: The person is respons ible for all financ ial matters related to the program and who has responsibility for the accounting , management of funds . ver ification of expenditures , audit information and financial reports. The person who ac tually prepares the finical reports may be under the super,isicn cf t he Financ ial Officer. The Financ ial Otticer must be a person ether than the Aut hor ized Official er the Project Director. Project Qirector: The person who has direct res,;:ionsibility for the implementation of the project . This person should combine knowledge and experience in the project area with ab ility to administer the project and sucervise personnel. He /she shares responsibility with the financial Office for seeing that all expenditures are within the aoprovld budget. This person will normally devote a major portion of his, he r time to the project and is responsible for mNting all reporting requirements . The Project Director must be a person other than the Authorized Official or the Financial Officer. . ., • I • 0 -. • • .. • I• .. • • ' )0 o..:v BY AUTHORITY ORDINANCE NO ._ SERIES OF 1999 COUNCIL BILL NO . 82 INTRODUCED BY CO U NCIL MEMBER ______ _ A BILL FOR AN ORDINANCE MODIF\lNG TITLE 3 , CHAPTERS IN . SECTIONS 8 AND IO : CHAPTER 2 . CHAPTERS 3. 4 AND 5, OF THE ENGLEWOOD MU NI CIPAL CODE 1985. REL.\TED TO CHARTER MODIFICATIONS CONCER. flNG THE CAREER S ER\l CE BOARD . WHEREAS, the voters of Englewood modified the Engle wood Ch a rte r in 1995. co n ce rrung the Career Service Board : a nd WHEREAS, the Englewood ' Career Service syst e m was m odified fr om a Ca ree r Service Board to a Hearing Offi ce r : and WHEREAS . the Englewood Municipal Co de needs t o refl ect ch a n ges to the Engle woo d Home Rule Charter; Section l . The City Council of the City of Englewood . Colorado he r e by amends Title 3, Chapter lN, Section 8, of the Englewoo d Municipal Code 19 5 . to r ead as fo ll ows: 3-lN-8: MERIT APPEALS: A. Matters Of Appeal : Because of the importance of ce rta1.0 s ub jects co ,·e re d by this me nt system, there is provided an additional channel of appeal to the Gftf'eer Ser,~ee 8earii HEARING OFFICER. B . Any full-time , permanent, classified employee may appeal to the~ HEARING OFFICER to determine only whether there wa s prope r application of these me nt system principles with respect to : 1) whether a n e mployee wa s selected or a dvanced on the basis of his/her relative ability, knowledge and skill s. or 2) wheth e r the e mployee's job has been properly classified in the established classuicauon plan of this me nt sy stem . The~ HEARING OFFICER is without Junsdictton to h ear or determine any employment discrimination complaints. Any allegations of e mploy me nt discrimination shall be made to the Aiimintstrati"e Ser,·iees E>ireeter CITY MANAGER within ten (10 ) days of its occurrence . The City Manage r or de signee s hall hear the matter at Step IV of the complaint procedure . Merit Appeal Procedure : A merit appeal must be made in writing within fiv e (5) days of the selection, advancement, or classification decision and filed with the AiiRlitHslPati-·e SeMeee E>ireeMlr CITY MANAGER . Within ten (10) days of filing a merit appeal, the employee shall review and discu ss 1t with the AEiRlinistPBti,e SePORees E>ireeter CITY MANAGER or designee to informally resolve the appeal . If resolved , it shall be reduced to writing and signed by the appellant. If the appeal is not resolved by the AEimintstPBti. e SePVtees E>ireetser CITY MANAGER OR DESIGNEE. the employee, within ten (10) days of the Aiimimstrathe Servtees • ' . . ' I • 0 .-------------------~-----------c .. - • • • • • •• .. COUNCIL COMMUNICATION Date Agenda Item .. Subject ,\ .. ' ... Municipal Code Revi s ons December 6, 1999 10 a V Title Ill Initiated By Human Resources Department I Staff Source Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Municipal Code currently refers to the Career Service Board, an entity that was eliminated via a 1995 Charter amendment. RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance approving the attached Code revisions . The revisions relate to the replacement of "Career Service Board" references with the term "Hearing Officer". BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The recommended changes are encompassed in the Code sections relating to Merit and Disciplinary appeals. Employees frequently access these sections, and continued reference to the "Career Service Board" causes inconsistency with current practice . FINANCIAL IMPACT None . UST OF ATTACHMENTS Proposed Bill for an Ordinance ' -.. ,. .. I· 0 • • • .. ,. . .,.--· .I • ... .. • -... Qireeter'e CITY MANAGER 'S decision. may FILE AN appeal in wrmng te the Bears WITH THE CITY CLERK REQUESTING A HEARING BEFORE A HEARING OFFICER. The appeal shall explain the nature of the dispute (including applicable ordinance provisions), what attempts the employee took to resolv e the appeal and the requested remedy . The Bears shall set the &f!Jleal fer hee.riRg .. ithi.R thi.~· (aOl Eieys sf its reee1t1t . WHEN A REQ UEST FOR A HEARING BEFORE A HEARING OFFICER IN CON'.''ECTION WITH A MERIT APPEAL IS FILED WITH THE CITY CLERK THE CITY CLERK SHALL. WITHIN FIVE (5) DAYS. NOTIFY THE CITY COUNCIL AND THE c1n· COUNCIL SHALL APPOINT A HEARING OFFICER FROM THE PANEL APPOINTED UNDE R SECTION 3-1N-9(C) OF THIS MUNICIPAL CODE TO HEAR THE APPEAL. THE HEARING SHALL BE CO. fDUCTED BY THE HEARING OFFI CER IN ACCORDANCE WITH THE HEARING PROCEDURE SPECIFIED IN SECTION 3 - 1N-9(D) OF THIS MUNICIPAL CODE . The 8eftM-HEARING OFFICER shall fir st determine whether the subject matter of the appeal is within that permitted by Charter and these regulations. Any record below s hall be a part of the record before the BeaM-er Hearing Officer . The hee.riRg helEi e, the Bears shall ee ft1REie111eetally f8.H' a11Ei ee111.t1I, at lea et ith that t1reees0 eeteeueheEi iR eeetieR I IO 2 -ef tilts H >1ftieit1al ~ STANDARDS TO BE APPLIED BY HEARING OFFICER: ll"ith,ie tweet<J (20) Ela} e e.fter the eeaeh1eiee ehhe hearieg, the Bee.rs ehe!I iee11e its Eieeieiee. Upon re,-iew , the Heanng Officer~ shall hold the action below to be a proper application of the relevant ordinances unless tt THE HEARING OFFICER determines : I . There was misapplication of existing merit system reg11latiee0 PROCED URES governing the action of selection or advancement on the basis of the employee 's relative ability. skills, and knowledge . or there was misapplication of eX1stmg merit system refU)&tiene PROCEDURES governing job cla ssification : AND 2. In the exercise of any professional judgment. the DECISION OF THE .'.amtnlewati e eePo.teee Qireeter CITI' MANAGER OR DESIG:'.\'EE C:'.\TIER THE MERIT SYSTEM abused his/her discretion . THE TERM "ABUSE OF DISCRETION" IN THIS SECTION SHALL MEAN THAT THE ACT IO:--J WAS TAKEN WITHOUT ADEQUATE INFORMATION, KOT FOUNDED 0:-.J REASON OR RATIONAL JUDGMENT, OR DONE ON A\.\ Hll\1 OR I'.\IPL1.SE WITHOUT ADEQUATE ANALYSIS . The -8e&f'ft HEARING OFFICER shall forward to the City Council tte HIS/HER decision which shall state the problem, the applicable policy or reg11lauee PROCEDURE , the reasons for applying the policy and the decision of whether the ret11latieee PROCEDURES were properly applied. The Council t1re111.t1tl} shall SHALL PROMPTLY forward the de cision to City administration with appropriate remedial instructions. JUDICIAL REVIEW : JUDICIAL REVIEW SHALL BES BJECT TO THE SA,vlE STANDARDS AND PROCEDURES SPECIFIED IN SECTION 3-IN-9 (F ) OF THIS MU:--1CIPAL CODE . 2 ~ • ~ .. I • 0 . ] • • • .. ~ -.I • l~ • •• ·~ • • Sect.jon 2. The City Council of the Ci t y of Englewoo d . Co lorado here by r epeals Title 3. Chapte r IN. Section 10, (CAREER SERVICE BOARD -Hearings). in its e ntirety , of the Englewood Municipal Co de 1985 . Section 3 . The City Co uncil of the City of Engle woo d , Co lor ado h e r e by r epeal s Title 3, Chapter 2 . (CAREER SERVJCE BOARD) in its entirety. of t he Englewood Municipal Co de 198 5 . ~-The City Co uncil of the City of Engle wood , Co lor a do h e re by amends Title 3. Chapter 3. Section I , of the Englewood Municipal Code 1985, to read as follows: CHAPTER 3: APPEALS AND HEARING OFFICER: 3-3-1: GRIEVANCE APPEAL: The sole and exclusive remedy for any full-tim e . classified e mployee whose position falls within an appropriate bargaining unit for a ny ma tter not direc tly r e la t e d to classification and/or testing, or suspension. dem otion or di sc h a rge a nd which is a n a lleged violation of t h e applicable collective bargaining agree ment. is through the grievance procedure of the collective bargaining agreement which covers the res pec tive appr opriate bargaining unit. The eeal et.e11 af aft) ~ie·raeee 11raee1h1cre eaetaiee!l in eey ealleea .. e liergaie.ieg e~eemeet shall lie a gf'ie. aeee BJIJleBI te the Career Se..-iee S eaP!l . If the e1BJ1)B) ee files e11eh gf'ie.,.eeee &JIJ!e!H .. ith the SeaP!l • ithie the time iimit se t ferth ie the 8J1J1liealile ealleeti• e 1!1t1•geitlfflg e~eemeet. the SaeP!l BP 1te !l ee igeete!l HeaPieg Offieer eh&II aet a hearieg te lie eammeeee!l .r. itme thi~· €39l e&l ee!lar !lays af the liliflg af the eam11laiHt . Witme t .. eety (39l ealee!lar 88)8 afthe eeeehtsiee af aa1!l hearieg, the Sear!l BP it,e !leaigaeat,e!l HeaMg Offieer shall malie 1t,e lieliiegs a matter af reeaP!l , afliPmieg. ma!lifyieg BP Pe erai11g the aetiae. The Sa&r!l 'e !lee,e1ee ,e tl!tle matter s hell lie f,ea!. ~-The City Council of the City of Engle wood . Co lorado hereby repeals Title 3 . Chapter 3 , Section 2 , in its entirety, of the Engle wood Munici p a l Co de 1985. Section 6. The City Council of the City of Englewood , Co lorado here by re p eals Title 3, Ch a pter 3 , Section 3 (HEARING OFFI CER), in its e ntirety , of the Englewoo d Municipal Cod e 1985. Secti.on.1-The City Co uncil of the City of Englewood. Co lor a do hereby amends Title 3 , Ch a pter 4 , of the Engle wood Municipal Co de 1985 . to read as follows: 3-4-1: POLICY STATEMENT: From the effective d ate of this Chapter, exclusive r ecognition of an e mployee organization to represent e mployees in an appropriate bargainin g unit s h a ll be a ccomplis hed only by election in the manner set forth h e rein. The -8ettM CITY CO UNC IL SHALL DESIGNATE A HEARING OFFI CER WHO s hall be res ponsible for ove r seei ng all elections of an employee organization which seek s exclusive recognition as the ce rtifie d employee organization in a n appropriate bargaining unit. Petitions for an election may only be s ubmitted for se lec tion, AND r ete nti on , OF A CERTIFIED EMPLOYEE ORGANIZATION OR FOR clarification or amendment of an appropriate employee ba rga ining unit. 3-4-2 : PETITION FOR SELECTION OF EMPLOYEE ORGANIZATION: A pe tition for selection of a ce rtified e mployee orga niza tion may be fil ed liy the City 'llftee JIPeeeete!l 1ith a !le111a11!l fep reee gruuae . er by a n e mpl oyee or group of e mployees who qualify for inclus ion m ,• •. .. ) I • 0 -. • • • ~ -• •·. .. • •• .. an appropriate bargaining unit. or by a n employee organizat10n claiming to represent employees in an appropriate bargaining unit for the purpose of co ll ective bargaining. 3-4-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION: ,\ .. A petition for retention of a certified employee orga nization may be filed by an employee or group of employees who qualify for inclusion in a n appropnate bargaining unit or a nother employee organization wishing to decertify an exist ing certified employee organization . Said petition shall be for the then certified bargairung unit. V.'hen deemed a pprop ri ate by the Be&M HEARING OFFICER, a petition for r etention may a lso be treated as a petition for selection. 3-4-4: TIME FOR FILING PETITIONS: A petition for selection or retention of a certified employee or ga ruzation may be filed at a ny time . provided (a) a valid election for selection or retentio n has not been co nducted in the same appropriate bargaining urut within the preceding twelve (12) months ; or (b) there is not then in existence a current and valid collective bargaining agreement. In the event the re exists a current and valid collecti,·e barga1rung agreement, a petition. to be timely , must be filed with the Be&M CITY CLERK mor e than three hundred thirty (3 30) cale nd a r day s. but not more than three hundred sixty (360 ) calendar days pnor to the expiration date of the effective collective barga ining agreement. A co ll ective bargaining agreeme nt that is prematurely extended or a co ll ective bargaining agreement t hat has bee n nego tiated a nd ratified prior to the expiration of the then current collective bargaining agreement. will not bar the filing of a petition ; provided said petition 1s filed more than three hundred thirty (330) calendar days , but not more than three hundred sLxty (36 0) ca lendar days prior to the expiration of the then current collective bargaining agreement. 3-4-5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR RETENTION: A petition for selection or retention must be signed by at lea st thirty three percent (33%) of the full-time , classified employees in an appropriate bargaining umt exp re ssing a particular request with regard to representation . 3-4-6: PETITIONS FOR CLARIFICATION OR AMENDMENT: A petition for clarification or amendment of an existing appropriate bargaining unit may be filed at a n y time by the City or an employee organization; provided , however . that onl y o ne petition for clarification or amendment may be filed by the sam e party with respect to the sa me bargaining unit in any one calendar year. No election s hall be allowed or co nducted fo r clarification or amendment. The Beere, ar at ite eleeret1BR , a A Hearing Officer appoi nted by the 8eeM; CITY CO UNC IL s hall conduct a hearing on the petition for clarification or amendment consistent with Section 3-4 -11. The 8 ea rl'i'e !ieeia1eR FOLLOWI NG THE HEARING , THE HEARING OFFICER SHALL MAKE A REPORT WHICH SHALL CONSIST OF FINDINGS OF FACT AND A RECOMMENDATION TO THE CI TY COUNCIL. AND THE CITY COUNCIL'S DE CISION shall be effective on the date it is rendered and collective bargaining contracts shall contain la nguage consistent with this Section. 3-4-7: FORMS : An app ropriate form or forms for the filing of the e numerated petitions shall be available at the office of the Difoeeter sL•.amiftletrati\e SeJP ieee . CITY CLERK. 3-4-8: PROCESSING OF PETITION: A petition for selection or retention of a certified employee organization or a petition for clarification or amendment of an existing appropriate 4 ,. ' ' ~ I • 0 • • • • --.\ • ~· f ,, ,. • -' bargaining unit mu st be fil ed with the ~ CITY CLERK. A co py of said pe t ition s hall be simultaneous ly serve d up on the City MA NAGER a nd/or t he current certifie d e mployee organization, if a ny . The 8eara er . et ite aieereitee . 8 A Hear ing Offi cer a ppointed by the BeeM, CITY COUNCIL s hall process the petition a nd es t a bl is h a ll n ecessar y rules a nd procedures for co nductmg an e lection if a n election is to be co nd ucte d. If a n election is t o be conducted. the 8 e ara er 1t e d es igna t ed He ari ng Offi cer s h a ll s ch e dule a pre-e lecti on conference with t h e 1ty a nd t he empl oyee orga niza ti on (s) involve d . to be h e ld within fiv e (5) calendar days a fte r t he petition has been fil e d with the Beet'& CITY . An a tte mpt s h a ll be made to e nter into a co n sent e lecti on a greement a t th e pre-electio n confe r e nc e . Such agreement s hall incl ude a description of the appropria t e un it , t he t im e a nd pl ace fo r h olding the el ection a nd t h e pay r oll pe r io d to be u sed m determ ining t he e mployees within the appropriate unit tha t s h a ll be e ligibl e to vote. Such co n sen t e lect ion s h a ll be co ndu cted within twenty-one (21 ) ca le nda r d ays of the a greement und er t he drrect10 n a nd s up ervi s ion of the City Election Co mmis s ion . Upon mettee a11ly earriea I!:· th e Bears APPROVA L BY THE DESIGNATED HEARL G OFFICER. the t i me fo r conductin g t he consent e lect10n may be extended at the request of the City, pe titioner , Mearieg Qft:ie er or other inte r es t ed pa r ties fo r an additional period not to exceed twe nty-o ne (21) calend ar day s. 3-4-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON SELECTION OR RETENTION: A. If t he parties are unable to enter into a consent e lec t io n agreeme nt . lh e 8 eara . w1lme Ii e (!;) eeleeaer &8) e ef the tire eleetiee eenfereeee . ma) ti ee ige8te e Meerieg Qft:i ee r l e eeea11et a tire eleetiee heftf'ieg. W within seven (7 ) ca lend a r days of the pre-e lecti on conference. the~ Hearing Officer shall schedule a hear ing to be he ld w1 t lu.n fourteen (14) calendar days of the pre-election conference . The ~ Hearing Officer a.lily atitiei11tea shall do and perform the foll owing func t10 ns : 1. Establish, after notice and hearing t o both pa rties. fair and equitable elec t 10 n rules and procedures designed to ins ure fr eedom of choice t o a ll e mployees in the appropriate bargaining unit to determine whether they wi s h t o be re presented for purposes of collective bargaining in such a ma nner that the ch oice shall be free of restraint, coercion and significant misrepresentation of fa cts . 2. At the hearing provided for in para graph A a bove. the Bears er the Hearing Officer s hall aeter111iee if MAKE A REPORT THAT SHALL CO NSIST OF FINDINGS OF FACT AND A RE COMMENDATIO N AS TO WHETHER ther e exists an appropriate barga ining unit. In making such aeter111i11eti ee . the 8eara er--FINDINGS AND RECOMME NDATIO N, the Hearin g Offi ce r s h all rely on the following fa ctors : a . The unit~ will insure employees the fulles t fr eedom a nd the exe rci se of rights granted under this Title and under the City Ch a rter . b . The community of interes t of the e mployees . C. d. The history of the employee rela tions in the unit, among other employ ees of the City, and in similar public employ ment. The effect of the unit on the efficient op eration of the public servic e a nd sound employee relations. • ....... ~-· ., ..: ' .. ... ~ I • 0 ,----------:---:-------~ .. ,. --. • • • e . The e ffect on the existing classification s tructure of d.i\·iding a s in gle cl ass ifi ca t io n a mong two (2) or more units . 3 . h, e!l!litie 11 t e !leterH1111i11g if IF THE HEARING OFFI CER MAKE S A FINDING AND RE COMl\lENDS THAT there e xi s t s a n a ppropria t e ba r gaining unit. t he He&!'8 er Hea ring Offi ce r s hall also de t e rmine the fo ll owin g 1s ue s : a . Wh e the r there 1s a s uffi cie nt s h owing of e mployee in ter est t o Ju s tify a n e lect io n . b. Wh ethe r a question of r e prese nta tion e x1 ts . c. Wh ethe r t he e mployee or ganiza tion n a me d in t h e pe titJ on i qua lifie d . d . Wn e the r t here a r e ba rrie r s to a n e lecti on m the fo rm of a n e x1 s t1n g co ntrac t or prior e lection . e . Whe the r the e lection is othe rwi se prope r unde r t he Ch a rte r or or d in a nces of the Ci t y. 8 . The 8eer!I er Hea ring Offi ce r s ha ll issu e written findings a nd reco mm e n dation with in ten (10) cale nda r d ay s of t he cl ose of the h earing which s h a ll con t arn rea s on s the r efo r as to any and a ll of t he ma t ters at issu e, SUCH WRITTE N FINDINGS AND RECOMMEl\'DATIO:-.:s SHALL BE PRES E::-JTED TO THE Cin· COl::-.:C IL FOR ACTIO::-J :-JO L .\TER THA:'.\' THE SECOND REG ULAR CO U!':CIL l\lE E Tl:'>i G FOLLOWING T HE RECEIPT OF THE HEARING OFFI CER'S FINDI:-.;Gs AND RECOMMENDATIONS . THE CITY CO U N C IL SHALL VOTE TO EI T H ER ACC EPT OR REJECT THE RECOMME!'l.l)ATIO~S OF THE HEARI NG OFFI CE R. IF THE CITY COU NCIL APPROVES A RECOMMENDATION OF THE HEARJ:-.;G O F F IC ER THAT THERE EXISTS At,; APPROPRL<\TE BARGAINING L;:-.;IT AND . .\..\; ELECTION SHOULD BE HELD, THE CO UNCIL SHALL S ET ea .r,e li e a reeeH1111e11!1etie11a a11 the time a nd place of holding a n election a nd the payr oll pe ri od to be u sed in determining the employees within the appropriate ba rga ining umt tha t shall be e ligible to vot e, A.L'\'D The reee111H1e11!1etie11 shell else ee 11t8111 8 atete H1e11t , afte r e1111re11riet.e ee11altltet1e11 ,. 1th the l!ileetie11 Ce111H1i eeie11 , tha t the El ectt on Commission shall supe rvise a nd co nduct the election by s ecret ballot. 11et let.er the11 t e 11t) e 11e (ill) eele11!1er ea, a H"@HI the !late af the reeeH1111e11!1etie11a . G, 111 the e e11t the Heer111 1 Qffie er 'a e11!1i111 s e11!1 reeeH1111e11deti e 11 e ere ethe r t hee t e ee11!111et 811 eleet1a11 , 811 8JIJ1eel e11 the iee tte 818) Ile tel1 e 11 ta the 8 e er!l l!y the elleet e !I 11ert, er 11ert1e e e11 the fill!li11g e e11!1 re ee H1111e11!1etie11 a ef the Heer111 i! Qffi ee r . Seid e1111eel 1111tet Il e 111 r1t1111 1111!1 Blee ·;. ith the 8eer!I. ith 111111reiir18te 11 eu ee 811!1 e ee11 y ef the e1111eel ta the i11tere atee iiertiee, ·., id1t11 ee e11 (7) eel e11aer ea, s e f the 1ee1te11ee ef the B11aiftga e11!1 reeeH1111e11!1et1e11 e !le11yi111 e11 eleetie 11 . The 8 eer!I ehell h eer s aid e1111eel * ithiB ee e11 (i ) eele11!1er !111) a there~er i11 eeeer!le11ee ith the BJIJl eel 11reeeallfte eet fer1,h 111 a a aQ threttgh H . 1!1tt here the 8eere 'e fi11el !leeieie11 ehell l!e 111aae ef ,eeera. ell'ir111111g , 111e!lifyi111 er re erei111 the e11!1i11 1!e e11!1 r eeeH1H1 e 11!1etie11e ef lhe Hearill1 Qflieer mithi11 {jue (Ii) eele11!1er ea, a ef the !let,e the e1111 ee l 1e heera I!~ the Ibara. 111 thee eet the 8eera'e aee1eie1111re 1tdee fer ee11!11tet1111 e11 eleeu e 11 , s81a ele~e11 ehell l!e held in eeeera&11ee nith e1tl!eeeiie11 8 eheoe mith111 tu e 11ty e 11e (ill ) eale11tla. tla,ss ef i'8 i11al deeiaiea . 6 • • I 0 I • 0 • • ~ ---• .. • • ... 3-4-10: OBJECTIONS TO ELECTIONS: A. Any party and the Election Commission official s uper,1 smg the election may challenge. for good cause. the eligi bility of any per so n participating m th e election . The ballots of such challenged persons shall be impounded . Immediately up on the co nclu sio n of the election . the Election Comm1ss1on shall ca use to be furni s hed to the parties a tally of the ballots . Within five (5) calendar days after the tally of ballots has bee n furnished . any party may file with the Be&M CITY CLERK a wntten statement of obiections to the conduct of the election or conduct affecting the re s ults of the election , which s hall contain a short statement of the reasons therefo r . Any party may at this time also file objections to the findings and reco mmendations of the Heari ng Officer which we r e rendered covering those matters set forth in Section 3--l-9A and B. Copies of s uch objections shall 1mmed1ately be se rved upon the other parties by the party filing them . The party filing objections sh all also furnish to the~ CITY CLERK a nd all othe r parties a summary of the evidence available to 1t to support the objections . B. If no objections were filed within the time set fort h above. a nd if a ny cha llenged ballot are insufficient in number to affect the res ults of the election. the ~CITY CLERK shall forthwith issue to the parties a ce rtificatton of the re ults of the e lection , including certification of the certified employee orgamzatto n. wh e re app r opriate . c . If objections are filed . or if challenged ballots are s uffi cient m number t o affect the results of the election. the 8ea•Ei 1!18) CITY CLERK SHALL REPORT THE OBJECTIONS TO THE CITY COU~CIL WHICH WILL de 1gnate a Heanng Officer within fifteen (15) calendar days of the election to co nduct a pos t-election hean ng . Nothing herein shall be interpreted as precluding the same Hearing Offi ce r ser\'tng m both the pre-election and post-e lection hea ring. Witlun five (5) ca le ndar day . after the appointment, the Hearing Officer shall schedule a hearmg on the o b1e ct1ons a n d/o r challenged ballots to be held w1thm twenty (20) ca lendar day s of hi s appomtm e nt . The Hearing Officer's findings and recommendations on all matters in d1 pute hall be issued within ten (10) calendar days after the close of the hearmg .. \11 BfJfJeel £rel!! tk e He11ri11g Offieep'e BBEl:iege 1111Ei Peee1BH1e11Ei11tie11 e HIii) l!e t11he11 t,1 1ue11e11l t,e 6eeue11 d d aE> lftP811gft H . THE CI1i" COUNCIL SHALL REVIEW A~D TAKE ACTIO'.'i o:--.: THE HEARING OFFICER'S FINDINGS AND RECOM'.\IENDATIO~ AT THE COUNCIL MEETING FOLLOWING RECEIPT OF SUCH FINDINGS AND RECOMMENDATIONS . IF THE CITY COUNCIL DETER:\11NES THAT THE OBJECTIONS TO THE ELECTION ARE SUSTAINED , THE COC:'<CIL SHALL DETERMINE WHAT ACTION. IF ANY , SHOULD BE IMPLEMENTED . 111 tke e 1e11l II He11Pi11g Offieer ie eat ee Eieeig1111teEi , tke Beere s ka II ee keEi11l e its e "R ke11PiRg .. ithi11 t .. eety Ii-. e (2a) eale11Ei11r B8) e after the eleet1e11. 1111Ei 0k11II 1se 11e II f:ieal EieeieieB 8ft ttll H111ttePs iB El:ieJ111te Ufithi11 tee (HJ) e11le11Ei11r Eia:•s afler tke elese ef tke ~- 3-4-11: HEARING PROCEDURES FOR PETITION FOR CLARIFICATION OR AMENDMENT: A. A hearing TO BE HELD BY A HEARING OFFICER APPOINTED BY THE CI1i" COUNCIL to determine the following issues shall be held within fourteen (14) ca lendar days of the filing of the petition for clarification or amendment. I. Whether a petition was properly fi.Jed and 1s otherwise proper und e r this Title and under the Charter of the City of Englewood . 7 • I • 0 • • • ~ .,-. .\ • ' .. • -.. 2. V.'hether the amendment or clarification is consistent with the concept of appropriate employee representation units as contamed m s ubsection 3--t-9A2. B . The 8altl'Ei's ltn11I EieeisieR er die Hearing Officer's written findings and recommendations shall be iss ued within ten {10) calendar days after the close of heanng and contain reasons therefor as to any or all of the matters at issue. The Heanng Officer's findings and recommendations are eHejeet ta a1111e11I it! 11eeerEi11Ree with e111!eeetieRe ~ 6 dQ threHgh H . SHALL BE ACTED UPON BY THE CITY COUNCIL AT ITS NEXT REG LAR MEETING FOLLOWING RECEIPT OF SUCH FINDINGS AND RECOMMENDATIONS . Sectjon 8 . The City Council of the City of Englewood. Colorado hereby amends Title 3, Chapter 5 , Sections 1 through -t . (N EGOTIATIONS AND IMPASSE RESOLCTJON PROCEDURES; STRll~S). of the E nglewood :Vlumcipal Code 1985 . to read as foll ows : 3-5-1: STATEMENT OF POLICY : It is the public po!Jc y of the pe ople of the City to promote harmonious , peaceful and coo perative relationslups between the e!'"cted a nd appointed officials of the City and the members of the cla ssified se rvi ce and to protect the public by assuring, at all times . re sponsible , orderly and umnterrupted opera tion of government services and where necessary to provide for and regulate s uch matter of loca l concern . Since unre olved disputes in the public service are mJuriou to the public and to the government of the City and City employees. there is hereby provided . for full-time. class ified employees in an appropnate bargaining unit. the right to bargam collect1vely concerning certam subjects with the City as employer through a ce rtified employee orgamzation and a method for resolvmg unpasses m such bargaining as hereinafter provi ded . The establishment of this method of resolnng such impasses shall be deemed to be a recogmt10n of the propriety of proVlding an alternative mode of settling disputes where public employees , as a matter of pub!Jc policy . and in recogmuon of the desirability of main taming a balance m the labor management relationship. must be denied the right to stnke. 3-5-2: ENTITLEMENT TO BARGAIN WITH THE CITY: Only full -ume. classified employees 10 an appropriate bargaining unit have the right to bargam collectively with the City through their certified employee representative t owards securmg a collective bargaining agreement. Only an employee organization that has been certified by the CAREER SERVICE Board PRIOR TO NOVEMBER. 1995 OR THEREAFTER BY THE CITY COUNCIL shall be e ntitled to engage in collective bargaining with the City . 3-5-3: SCOPE OF THE COLLECTIVE BARGAINING AGREEMENT: The collective bargaining agreement between the City and the certified bargrurung representative shall consist of any and all terms actually agreed upon by the parties . which terms are not otherwise inconsistent with the ordinances or Charter of the City. The collective bargaining agreement shall be for a term of not less than one year. nor more than three (3) years: provided, that all collective bargaining agreements entered into shall be effective on a January l date and shall terminate on a December 31 date . 3-5-4: COMMENCEMENT OF NEGOTIATIONS : The obligation to meet at responsible times and negotiate in good faith shall commence on ,r pnor to May 15 of any applicable year in which the bargaining agreement expires or in which collective bargaining is otherwise proper under this Title. This ob!Jgation s hall be 1mtiated by a request from either the City or the certified employee representative wluch outlmes the specific subjects upon which bargaining shall be sought. Either party, howe,·er. s hall be permitted to raise additional subjects for bargaining in their first counter proposal. Only those mandatory .. . . I • 0 . ] • • -• .. ~ -· • ... •4 • • ... ECONOMIC s ubjects so raised and upon which the parties a r e at a n impasse ma y be referred to the~ ARBITRATOR for impasse resolution. Sect10n 9 . The City Council of the City of Englewood . Co lor a do hereby repeals Title 3. .I .. Chapter 5 , Section 5 (SUBJECTS FOR COLLECTIVE BARGAINING), in its e ntirety . of the Englewood Municipal Code 1985. Section 10 . The City Council of the City of Englewood . Colorado hereby a mends and renumbers Title 3 , Chapter 5. Section 6 , of the Englewood Municipal Code 1985 . to r ead as follows : 3-5-i 5: RATIFICATION OF AGREEMENT: A. By the City. A collecti\'e bargaining agreeme nt s hall not be e ffectiv e between the parties or binding upon the City until s uch time as the City Council approves a nd ratifies the terms of said collective bargaining agreement. Upon tentative agreement with the authorized representative of the City er IIJIBII resel11tie11 th.•e11gh imJ111s se . the City shall forthwith present sa.1d agreement to City Co uncil for its a pprova l a nd ratification, and s hall make e very reaso nable effort t o sec ure said a pprova l a nd ratification. B . By the Certified Employee Orga mza t1 on . Upo n tentative a greem e nt w ith the City et' IIJIBR reeal11tiee thre11gh IBIJIIIS8e . the certified employee organization and its office r s shall forthwith present s a i d agree ment to its me mbe r s for the ir a pproval and ratification, and shall make every reasonable effort to s ecure said approval a nd ratification . Section 11. The City Council of the City of Englewood. Colorado h e r e by amends and renumbers Title 3 , Chapter 5 , Section i. of the Englewood Municipal Code 1985. t o r ead a follows : 3-5..; 6: IMPASSE RESOLUTION : IMPASSE RESOLUTIO I SHALL BE CO!'IITI UCTED IN ACCORDA.'1CE WITH THE PR0\1SIONS OF THE CITY CI-L>\RTE R, SECTION 13i:6 . le the e el'lt the Jl&rtiee ere 1H1ehle te reeeh 81:"eemeet 011 aH me11!1ete.., e11hi ee ta t e he ee11te1Re!I il'I the eelleelt. e h&PgeiniBg 81:"eemeet BIi BP hefere Jitly I ehhe , ear ,e h,eh the J!Brtiee he• e 111et 81'18 hargaiRe!I a er theae a11hjeete , either JIBPly me, !leele,.e IIIIJIB :,ee IIJI BR ae ro il'lg Pitt.el'! l'IBtiee ef the tBIJl&Bee te the ether JlllPty witftiR fe11r ( I) ealee!ler ea, a ef the !leelaralie11 ef IBIJl&Bee . la the e eet the Jl&rtiee ha e heee 11eahle te reeeh &!:"eetB e Rt ii~ ,htl, I , the feHe i11g 1111J1aeee reeel11tiee J1Peee!IY¥ee ehaH immeeiately eemmeeee . A,-WitftiR ii e (Ii) eelee!la,. ea, e ef the i1BJ1Beee , eeeh Jlert, shell se Jl&Petely a11h1111t te the Beare a11 imJ1eeae etete111eet whieh eeeteiee their ti.eel eft'ere regare1eg 1111, 111e11!1ateP) e11hieete IIJIBII • .. hieh the Jl&Pties are at imJ1eeee . The Beare aee the Beare eel, ahel.l thee ae 11!1 te eaeh JIBPt, a eeJI, af the ether Jl&rty"a impaeee etete111eet. g,. "'1thi11 1,e11 (HI) ealeeear eaye ef reeeipt ef the J1art, 'a imJ1aeee et.ate111e11t. the Beere ehaH eeheaitle !latee fer feet flRMg hearieg BR the imJ1aeee e11hjeete . and 1e 110 e . e11t ehaH the fit et eay ef the feet BIIBillg hearieg eemmeeee later than tell (19) e11leeear !la~ e £rem the eate ef reeeiJll ef the impaeee stetemeete ef hath Jl&rtiee . At the ti.rel heari11g eate, the Beare ahaH eehee11ie aellilieeal hearing dates , if 11eeeeear,. 111 ee e e11t eh&II the heariege lie eeeel111iee lat,er thee A11g11et I. 9 • . ~ ~ . ' I • 0 .. • _. ,\ ., • ,~ ~ ~ ->' ,I. .. .... .. ', • .. , I -. ' . • .... 0 I • 0 10 • • • -• .. ,. ~-. • ·,· ... • -... ... ~ Section 12 . The City Council of the City of Englewood . Colorado hereby amends a nd renumbers Title 3 , Chapter 5, Section 8 . of the Englewood ~1unic1pal Code 1985 . to read as follows: 3-5-8 7: STRIKES PROHIBITED: A. The protection of the public health . safety a nd welfare demands that neither the certified employee representative , nor any employee organization. nor any employees of the City , nor any person acting in concert with them. will ca u se. san ction or take part in any strike. B. In the event a certified employee represe ntative engages in any co nduct which falls within the definition of"strike" herein . s uch violation shall be ca u se for the City to terminate the collective bargaining agreement with said ce rtifi ed employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chie f r epresentati\'e of said certified employee representative or employee organization , m ad dmon to whatever other remedies may be ava1lable to the City at law or in equity . eeitl eetiefl ef the Ci"' ie a'lle,eet te the "Cr1e e8ee .\flfle8l", eeetieR a a 1. ef this Title . C. In the event an e mployee or e mploy ees engage in any co ndu ct whi ch falls within the definition of"stnke" herein , such violation shall constitute Ju s t cau se for imm ediate discharge of said employee. in addition to whatever other re medi es may be available to the City at Jaw or in equity . The City shall not be required to pay a ny e mpl oyee any portion of m s/her salary or fringe benefits while engaging in act1v1ty in ,,olauon of tru s Section . It 1s expressly recognized that the City has the right to selectlvely discipline . up to and including discharge . any employee or employees who se conduct fall s within the definition of this Section without having to discipline all employees wh ose co nduct fall s witrun the defi.muon of this Section. An employee or emflle~ ees tlireetly 81Jeetetl I,~ 88 8~88 ef TERMINATED OR DISCIPLINED BY the City unde r this Section hall have the right to gneve sa id DISCIPLINARY action thPe'llgh the "Cr1e e1tee .\11fle8l". Se~ie8 ,I a I . er here llflflr8fll'i8te . through the "Disciplinary Appeals". Secuon 3-!N-9. Section 13 . Title Safetv Clauses . The City Council hereby find s. d et e rmines . a nd declares that this Ordmance is promulgated under the general police power of the Ci ty of Englewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance 1s necessary for the preservation of health and safety and for the protect10n of public convenience and welfare . The City Co uncil further determines that the Ordinance bears a rational relation to the proper legislative object so ught to be obtained . Section 14 . Severabi)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. s uch judgment shall not affect. impair or invalidate the remainder of this Ordinance or 1t application to other perso ns or circumstances. Section 15. Inconsjstent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are here by repealed to the extent of s uch inconsistency or conflict. Section 16 . Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish , alter, II ' . ' I • 0 ----------.-~----------::----~-·~,------------------------- - • .\ • .. tr ... ...... ... • --.. 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 s hall 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. Ses;tion 17 . ~ The Penalty Provision ofE.M.C . Section 1·4·1 shall a pply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of December, 1999. Published in full as a Bill for an Ordinance on the 10th day of December. 1999. Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, Ci ty Clerk of the City of Englewood , Colorado, hereby ce rtify tha t the above and foregoing is a true copy of a Bill for an Ordinance, introduced, r e ad in full , a n d passed on first reading on the 6th day of December, 1999. Loucrishia A. Ellis 12 ,, .. : .. , . . ' ' • I • 0 xi l· r •. ORDINANCE NO . fl/- SERIES OF 1999 ·~ • -• • f, • - BY AUTHORITY .. .\ .. ' COUNCIL BILL NO. 71 INTROD UCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT BETWEEN THE CITY OF ENGLEWOOD . COLORADO AND COLORADO HISTORICAL SOCIETY TO FUND A HISTORI C STRUCTURE ASSESSMENT OF THE THOMAS SKERRITT HO USE LOCATED AT 3560 SOUTH BANNOCK STREET. WHEREAS, the City Council of the City of Englewood pa ssed Resolution ~o. 53 . Series of 1999, appropriating the money for the purchase of the Skerritt property ; and WHEREAS , the City and the Englewood s ubmitted an application a nd has been awarded a Grant in the sum of $9 ,965 , to fund a Historic Structure Asse ssme nt of the house built by Thom as Skerritt, the "Father of Englew ood"' in 1864 ; a nd WHEREAS , the Grant period runs from December 7. 1999 through November 30 , 2000 and upon completion of this Grant and based on t he findings. co nclu sion s a nd recommendations of the assessment, the City will apply for additional gr a nt funding to rehabilitate the Skerrm hou se and surrounding property ; a nd WHEREAS , this Ordmance will authorize the acceptance of t he intergovernmental Grant between the Colorado Historical Society and the City to fund a Historic Structure Assessment of the Thomas Skemtt House : ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon 1. The acceptance of the intergovernmental Grant between the City of Englewood , Colorado and Co lorado Historical Society to fund a Historic Structure Assessment of the Thoma s Skerritt House. attached as "Exhibit A", is hereby accepted and approved by the Englewood City Cou ncil . Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the intergovernmental Grant Purchase Order for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 15th day of Nove mber , 1999. -l - '· ., ~ .. ' ... .. ,f 10 bi I • C, I - • ,..- .\ • " .. ... • •• ., Published as a Bill for an Ordinance on the 19th day of November, 1999 . Read by title and passed on final reading on the 6th day of December, 1999. Published by title as Ordinance No . _, Series of 1999, on the 10th day of December, 1999. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Cierk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , here by cenify that the above and foregoing is a true copy of the Ordinance passed on final r eading and published by title as Ordinance No. ~ Series of 1999 . Loucrishia A. Ellis -2- ., .,. .. • I \ . A I • 0 3 - • • 0 /:;olorado Historical Society 225 E. 16th Ave., Suite 26 0 Denver, CO 80 203 Buyer: tt • ;I .,. . . ... • -• • - DATE : 10 /20/99 IIIPORTANT ... .. -1 .. ' ~ " PURCHASE ORDER STATI: OF COLORADO 303-866-2825 Pam Temple 303-866-2809 The PO• and Line Item # must appear on all invoices. packing Slips. canons. and c:onupond9nce . P.O.# 2000-HA-013 State A-rd# Page 'l FEIN 846000583 Phone : 303 762-2553 ~~ztLOng liwoice In TripUcata BID# -v-------------------------lTo: E City of Englewood N 3400 South Elati Street D Englewood, cO 80110 0 A Payment wiQ be made by this agency :111,p -----------------------~To: lNSTRUCT10NS TO VENDOR: , . w !or any-· _., ol llQ -• ~ i.,.ond Ille Olillllfyf--""" -:,INM noaly !he agency .....a -M ICP left. (Rigl!I ol c:arallllon IS -·"_"'_IINl\t_,,•not-.) , . .Al CftlffllealS. ~.,.,....,.,,...must conlorm IC !he -rdl _.,.., by OSHA. State Historical Fund Colorado Historical Society 225 E. 16th Av e., Suite 260 Denver, CO 802 03 '.; NOTE.~ terms ano conditionl on ..,.. s,aa. Delivery/Installation Date: F.0 .8 . SPECIAL INSTRUCTIONS . See reverse side for "Purchase Order Terms and Conditions". --COOi UIIIT OF -UNITCOST I agree to use any and all funds received by th is Purchase Order in support of Project # ~QQQ R' 01 , as further described in the original project appl ication. I also agree to the terms and conditions listed on the reverse of the Purchase Order and Attach~ent. Full Legal Name: (Signature) Posit ion (Title): Mayor, City of Englewood Federa l ID 4 (TIN ) or SS N of Grant Recipient: 84-6000583 Date: December 7, 1999 TOTAL IT!M COST TOTAL $9 '965 -,us PO IS ISSUED IN ACCORDANCE WITH STATE ANO FEDERAL REGULATIONS . FOR THE STATE OF COLORADO .:oRM CF'-01 (5118) 315-30-SM151 • VENDOR Aumonna Signature • u1:,.0•0 1 )< ... I II I T A ) ' .. . , .. ' I • 0 • • ORDINANCE NO. "JO SERIES OF 1999 .. .. .. ~ -.\ • .. • - BY AUTHORITY .. ... ~ COUNCIL BILL NO . 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 , SECTION i . SUBSECTION i , OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICLi\RIES OF THE NON-EMERGENCY EMPLOYEES RETIREMENT PL.\.\! AND TRUST. WHEREAS, the City Council of the City of Englewood , Colorado passed Ordinance No. 40. Series of 1999, amending Title 3-6 of the Englewood Municipal Code and allowing a Deferred Retirement Option Plan (DROP) benefit for the participants of th.i s Plan ; and WHEREAS. the Englewood City Council reV1ewed the possibility of a retiree increase when Ordinance No . 40 , Series of 1999 wa s reV1ewed in Study Se ss10n on September 8 , 1998 ; and WHEREAS, the adoption of this Ordinance will proV1de a three percent (3%) increase in retiree benefits on January l , 2000 for the Non-Emergency Retirement Plan members and beneficiaries retired as of January 1, 1999 ; and WHEREAS, retiree benefits for the Non-Emergency Retirement Plan have not been increased since January 1, 1996 ; and WHEREAS, the Englewood Non-Emergency Retirement Board recommended approval of a three percent (3%) increase in retiree benefits on January 1, 2000 for Non-Emergency Retirement Plan members and beneficiaries who have retired as of January 1, 1999 at the October 12 , 1999 meeting; 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 authorizes amending Title 3, Chapter 6 , Section 7, Subsection 7, of the Englewood Murucipal Code 1985, to provide a three percent (3%) increase in retiree benefits on January 1, 2000 for the Englewood Non-Emergency Employees Retirement Plan members and beneficiaries who have retired as of January 1, 1999, which shall read as follows : -I - ' . ~ . '< 10 b ii I • 0 '.,]- . . • • • .. • -• r-}~~ .. '• \. • -.. 3-6-7-7: INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES: .\ .. Effective July 1, 1993 , all members and beneficiaries whose payments co mmenced before January 1, 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board. Effective January l , 1996, all members and beneficiaries whose payments commenced before July l , 1995, shall receive a three percent (3%) increase in their pension payments subject to future adjustment as determined by the Board. EFFECTIVE JANUARY 1, 2000, ALL MEMBERS AND BE!l.'EFI CIARIES WHOSE PAYMENTS COMMENCED BEFORE JANUARY 1, 1999, SHALL RECEIVE A THREE PERCENT (3%) INCREASE IN THEIR PENSION PAYME NTS S UBJECT TO FUTURE ADJUSTMENT AS DETERMINED BY THE BOARD . Introduced, read in full , and passed on first reading on the 15th day of November . 1999. Published as a Bill for an Ordinance on the 19th day of November, 1999 . Read by title and passed on final reading on the 6th day of December. 1999. Published by title as Ordinance No.~ Series of 1999, on the 10th day of December, 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 -2- ,. '), . ' .. .-' .. ) I • 0 3 ~.-~· ORDINANCE NO . .2L SERIES OF 1999 " ,...- • • - BY AUTHORITY .. .\ COUNCIL BILL NO . 73 INTRODUCED BY COUNC IL MEMBER GARRETT AN EMERGENCY ORDINANCE AMENDING TITLE 8, CHAPTER 2E . SECTION 2 , OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the Uniform Fire Code , 1994 Edition was adopted by the passage of Ordinance No . 64 , Series of 1994, by the Englewood City Council: a nd WHEREAS, Ordinance No . 64 , Series of 1994 , co ntains so me typographical err or s in the numbering of those items requiring a permit: and WHEREAS , the typographical errors create confu sion regarding the requireme nt for a permit; and WHEREAS , this Ordinance will clarify that a permit issued by the Fire Marshal is required for any activities involving firew orks ; and WHEREAS, Safety Services predicts that there may be a large number of fireworks in conjunction with the 2000 New Years' ce le brations ; 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 8 , Chapter 2E , Section 2 B. of the Englewood Municipal Code , 1985, which shall read as follows: 8-2E-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following specific changes, modifications and amendments are hereby made in the provisio ns of the Uniform Fire Code , 1994 Edition , herein above adopted : A . Delete Section 103.1.4. B . Section 105 .8 . Permit required . Delete all items except the following : 8 b .l. Bowling Pin or Alley refinishing G-c.6 . Combustible material storage & e .l. Explosive or blasting agents ~-f. 2 . Fireworks H h .2. Hazardous production materials M-m .2. Mall, covered G o.l. Open burning P. p. l. Parade floats P. p .3. Pyrotechnical special effects material ~-t.l . Tents canopies and temporary membrane structures -I - • 10 b iii I • 0 32 - • • --.\ • ·.:· ... • •• ... .. Section 2. An emergency is hereby declared requiring passage of this Ordinance by reason of the fact that it is necessary for the immediate preservation of public property, health, peace and safety, it is hereby declared that an emergency exis ts and that this Ordinance shall become effective upon its final passage . Introduced, read in full, and passed on first reading as an emergency ordinance on the 15th day of November, 1999. Published as an Emergency Bill for an Ordinance on the 19th day of November, 1999. Read by title and passed on final reading on the 6th day of December, 1999. Published by title as Ordinance No .~ Series of 1999, on the 10th day of December, 1999. ATTEST: Thomas J . Burns, Mayo r Loucri.shia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, here by ce rtify that the above and foregoing is a true copy of the Ordinance passed on final reading and publiahed by title as Ordinance No ._, Series of 1999. Loucrishia A. Ellis -2- . .. .. .. o ' ', .. I • 0 32X ; • • ... .\ • ,. •,, ... • - ... BY ACTHOR!TY ORDINANCE No.1:J- SERIES OF 1999 COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING SUPPLE:'IIE~TT NO . 4 TO THE VALLEY SANITATION DISTRICT AND COLUMBI:-.'E WATER AND SANITATION DISTRI CT CONNECTOR'S AGREEMENT FOR THE I;',;CLUS ION OF L,\ND WITHIN THE COLUMBINE SANITATION DISTRI CT BOUNDARIES . WHEREAS , the City of Englewood and the predecessor in interest to Valley Sanitation District entered into an agreement dated April 18. 1955 ; and WHEREAS, the City ofEngiewood. the predecessor in interest to Valley and the predecessor in interest to Columbine enter ed mto an agreement dated April 18. 19 55 and subsequent agreements, providing for the transport a nd treatment of efflu ent fr om an additional 800 taps by which the effluent is carried through Va ll ey outfall lines to be treated by City·s sewage treatment plant; and WHEREAS , Valley and Columbine entered into an agreement dated :\1arch 20 . 1956 , and subsequent agreements, relating to the transportation of effl ue nt through Valley outfall lines ; and WHEREAS , the previous Agreements and s ubsequent agreements between the parties place certain limitations upon the number of taps that can be se rvice d by the City , Valley and Columbine; and WHEREAS, it is the intent of the Parties to this Agreement to specifically allow for an inclusion into Columbine of a re sidential development co n sistmg of ii tap s wluch shall be serviced by the Parties to Supplement No. 4; and WHEREAS. Columbine Sanitation Di strict recommends the inclus ion of approximately 40 acres into the Di stricts; and WHEREAS , the zoning of this property 1s primarily residential and the proposed use is to remain the same ; and WHEREAS , said annexation of this additional parcel of land will not increase the tap allocation to the Columbine Sanitation District; and WHEREAS , the Englewood Water and Sewer Boa rd r eco mmended a pproval of Supplement No . 4 to the Valley Sanitation District at the November 9 , 1999 meeting: NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : -I - • 'I 10 b iv I • 0 - • • • --.\ • . .. • •• ~ ., Sectjon J. The Agreement between the City of Englewood and Valley Sanitation District and Columbine Water and Sanitation District entitled '·Supplement No . 4 , to Connector's Agreement". which includes approximately 40 acres located south of West Bowles Avenue and west of Middlefield Road in the town of Columbine Valley , is hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached hereto as "Exhibit l " and incorporated herein by reference .. Section 2. The Mayor and City Clerk are hereby authorized to si gn and attest , respectively. the said Agreement for and on behalf of the City Council and the City of Englewood. Colorado. Introduced. read m full, and passed on first reading on the 15th day of ~ove mbe r , 1999 . Published as a Bill for an Ordinance on the 19th day of November. 1999. Read by title and passed on final reading on the 6th day of Dece mbe r . 1999 . Published by title as Ordinance No. ~ Series of 1999. on the 10th day of December. 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. ~ Se.ries of 1999. Loucrishia A. Ellis -2- ., ,. .. • f ) I • 0 32X • • -• ,. -• ... .. .. • -' B'i AliTHORITY ORDINANCE NO .?)-- SERIES OF 1999 COUNCIL BILL NO . 74 INTROD UC ED BY COCKCIL MEMBER G . .\RRETI AN ORDINANCE APPROVING SL,"PPLE.ME~T NO . 4 TO THE \.ALLEY SA~1TATION DISTRICT AND COLUMBINE WATER AND SA.'-ITATION DISTRI CT CONNECTOR'S AGREEMENT FOR THE 1::-JCL USION OF L\ND WITHIN THE COLUMBINE SANITATION DISTRI CT BO UNDARIES . WHEREAS, the City of Englew ood a nd the predecessor in in terest to \·alley Sanitation District e ntered into an agreeme nt dated Apnl 18 . 195 5: a nd WHEREAS, the City of Englew oo d . the predecesso r in interest t o \'alley a nd the predecessor in interest to Columbine e ntered into an agree me nt dated Aprt.l 18 . 19 55 and subsequent agreements , provi dmg for the tran sport a nd treatment of efflu en t fr om an additional 800 taps by which the efflu ent 1s ca rrie d throu gh \"a ll ey outfall lin es to be treated by City's se wage treatme nt plant: and WHEREAS , Valley and Columbi n e enter ed into a n agr ee ment dated ~1ar ch 20. 1956, and subsequent agreements , r e la tmg to t he t r a ns por tation of efflu ent through Valley outfall lines ; and WHEREAS , the previous Agre e ments and s ub seque nt agree me nt between the parties place certain limitations up on the number of taps that can be se r viced by the City , Valley and Columbine : and WHEREAS, it is the intent of the Parties t o this Agreement to s pecifi ca ll y a ll ow fo r an inclusion into Columbine of a res1 de nt1al devel opment co n s1s tmg of 77 taps wtu ch shall be serviced by the Parties to Supplement No . 4 ; and WHEREAS , Co lumbine Sarutation Di strict recommends the inclusion of approximately 40 acres into the Di str icts: a nd WHEREAS , the zoning of this property 1s pr imarily r esidentia l a nd t he proposed u se is to remain the s ame ; and WHEREAS , said annexation of this additional parcel of land will not increase t he tap allocation to the Columbme Sanitation District; and WHEREAS , the Englewood Water and Sewer Board recommended approval of Supplement No. 4 to the Valley Sanitation District at the November 9 , 1999 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : -I - • . . 10 b iv . ' •. ' I • 0 .]- .. • • I • 4 • •• ., SUPPLEMENT NO. 4 TO CONNECTOR'S ;\GREEMENT THIS AGREE:\JE::,iT , made and entered into by and between the CITY OF ENGLEWOOD , acting by and through its duly authorized :\layor and City Clerk. hereinafter called "City": VALLEY SANITATION DISTRICT , a Special District orgaruzed under the statut es of the State of Colorado, hereinafter called "Valley'': and the COLL'"MBI::-..:E WATER • .\_'\ID SA.\IITATIO::,i DISTRICT. a Special D1str1ct orgaruzed under the statutes of t he State of Colorado, hereinafter called ·'Columbme." WIT~SSETH : WHEREAS . the City and the predecessor in mte rest t o Va lley e ntered into an agree me nt dated . .\pril 18 , 1955 , and subsequent a greements. pro,,cimg fo r the treatment of effh1e..11t a t the City's sewage treat.ment plant: and WHEREAS. the Ctty , the predece ssor m interest t o \"alley . and the predecesso r m interest to Columbine entered into an agreement dated . .\pnl 18. 1955 . and s ubseq uent agreements. providing for the transport and treatment of effluent fr om an additiona l 80 taps by which the eifluent is earned thro ugh Valley outfa ll line s to be treated by City's sewage treatment plant: and WHEREAS . Valley and Columbine entered into an agreement dated :\Iarcy 20 . 195 6 . a nd subsequent ag::eements. relating to the transportation of effluent through Valley outfall lines; and WHEREAS. the above-referenced Agreements and subsequent agreements between t he Parties place certain limitations upon the number of taps that can be serviced by the Cit y. Valley and Columbine ; and WHEREAS , it is the intent of the Parties to th.is Agreement to specifically allow for a n inclusion into Columbine of a res id e ntial de\'elo pment co nsisting of 77 taps which sha be serviced by the Parties to this Agreement : NOW, THEREFORE , in consideration of the mutual CO\'enants and undertakings he re in set forth , the parties agree as follows : 1. IITL-LLC has petitioned Columbine for inclusion into Col umbine of a res1dent1a l development known as Brookhaven . If said peuuon is approved by the Arapahoe County District Co urt, i'i t a p s will nee d to be se rv,ced by the Parties . 2. The City hereby consents to the inclusion into Columbine of the Brookhaven area described in attached ·'Exhibit A". A. The City agrees that said additional area may be served with the sewer faci.l iues of Columbine . and that the City will treat the sewage discharged into the City', trunk line from Brookhaven. all in accordance with previous agreements entered into between the City and Columbine and speciiically in accordance with the Connector's Agreement between the City and Columbine dated February 23 . 1989 . ... E X h i b i t 1 I • 0 • • • ~ -., • ... ~t .. .. -. • -' B. Each and every other portion of the pre.,;ous agreements entered into between the City and Columbine and the Connectors' Agreement dated February 23 , 1989, shall remain unchanged. 3 . Valley hereby conse nts to the inclusion into Columbine of the Brookhaven area described Ill attached "Exhibit A ". A . Valley consents to allow the effluent of a maximum of ii taps m Brookhaven to pass through the Valley lines to the City sewage treatment plant, all m accordance with those previous agreements entered into between Valley and Columbine. including but not limited to , those agreements dated March 20 , 1956 and October 9 . 1968. B . Valley shall receive a tap fee of $800 per tap as the taps come on line. . Columbme shall collect said S800 in addition to Columbme·s own wa te r and' sewer tap fee and forward the S800 to Valley . 4. The City, Valley and Columbine agree that additiona l taps other than those t ap s described above in Part I may connect t o Columbme and that said taps will be serv ed by Valley and the City per the terms and condmons set forth in the prenous agreements entered into by and among the Parties. In no event will the t otal numbe r of taps to be served by Columbine through the Va lley outfall !me and the City exceed eight hundred (800), as set forth m said agreements . Tap fees to be paid by the owner of these additional taps shall be in the amount charged by Columbine and Valley at the time the tap begins service with Columbme . Columbine shall collect Valley ·s tap fees and forward them to Valley . IN WITNESS WHEREOF , the parties have set their hands and seals this __ day of -----------· 1999 . ATTEST : City Clerk [Seal] CITY OF E'.'-lGLEWOOD , COLORADO By:-------------- Mayor 2 , . ., \ • . t • I • 0 32 - • A'M'EST: I ;/ .. Secretary Secretary ------------------.. ' . . \ • .. • .. - VALLEY SA.'HTATION DISTRICT ·~~~-re 1dent COLUMBI>,i"E WATER .-\1'.1) S.~\HT . .\TION DISTRICT lv ... ...__,. ___ _ ~.~"'"' 3 • 0 ' ' .. . .. I . 0 l I 32X Ii • • Block 1, Lot 1 Block 2, Lot 1 Block 2, Lot 2 Block 3 , Lots 1-29 Tract W Tracts A-J J.. ,}I ... • • __. • . - • -.. ' .. EXHIBIT A Legal Description Brookhaven at Columbine Valley , a part of the SW 1/4 of Section 17 and NW 1/4 of Section 20 Township 5 South , Range 68 West of the 6th P .M., Town of Columbine Valley Replat of Columbine Valley North , County of Arapahoe, State of Colorado . PFK\5298013203 7"7 .01 . .I .. .. . . ' ) I . 0 - • • • ORDINANCE NO. _n SERIES OF 1999 }«• •• .. .. • .. • • BY AUTHORITY COUNCIL BILL NO . i5 INTROD UC ED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZI:-JG THE ACCEPTAN CE OF A GR~NT OF PROPERTI" FROM ARAPAHOE COUNTY . WHEREAS , the Englewood Utilities Department is seeking a site for a fire hydrant on South Raritan Street; and Whereas, Arapahoe County originally acquired a n available site for the fire hydrant on South Raritan as a drainageway/greenbelt area : and WHEREAS, Arapahoe County has signed a Quit Claim Deed m favor of the City of Englewood for a piece of property with approximately 1.051 sq uare feet or 0.02-t acres for a fire hydrant which is located on South Raritan Street and th Harvard Gulch Greenbelt near West Yale Avenue; and WHEREAS, there are no conflicts with buried underground utilities a t thi s s it e : and WHEREAS , the Englewood Water and Sewer Board reco mme nd ed appr oval of the Quit Claim Deed from Arapahoe County at the August 17 . 1999 meeting ; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COCNCIL OF THE CI TY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The Quit Claim Deed for a piece of property with approximately 1,051 square feet or 0 .024 acres for a fire hydrant, located on South Raritan Str eet and the Harvard Gulch Greenbelt near West Yale Av enue from Arapahoe Co unty to the City of Englewood , attached hereto as "Exhibit A," is hereby accepted a nd approved by the Englewood City Council. Introduced, read in full , and passed on first reading on t he 15th day of November . 1999. Published as a Bill for an Ordinance on the 19th day of November, 1999. -1- ' . . ' . 10 b V ; I • C, - • ,-----·----------------~~~------• • - .. Read by title and passed on final reading on the 6th day of December, 1999 . Published by title as Ordinance No.~ Series of 1999, on the 10th day of December, 1999. Thomas J . Burns . Mayor ATTEST: Loucrishia A. Ellis, City Clerk .I .. I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colo rado, her eby certify that the above and foregoing is a true cop y of t he Ordinance passed on final reading and published by title as Ordinance No._, Series of 1999 . Loucrishia A. Ellis -2- ... . • . , I • 0 " • • • .. gurr CIADI DEED dayci ARAPAHOE COUi\'1i' COWRADO 5334 South Prince Street Littleton. Colorado 80166 .1999. of the County of Arapahoe and State of Colorado. grantor{s). and TiiE CITY OF ENGLEWOOD . COWRADO a Home Rule Muni cipality whose legal address is 3400 South Elati Street Englewood . Colorado 80 I 10 of the County of Arapahoe and State of Colorado. grantee(s). WlTNESSETH, That the grantor. for and in consideration of the sum o f Ten and no/100 -----------------------------------------------------------------------DOLLARS the receipt and sufficiency of which is hereby acknowledged . has rerrused. released . sold. com·eyed and QUIT CLAlMED. and by these presents does remise. release. sell. convey and QCIT CLAIM unto the grantee(s). its heirs. succ essors and assigns. forever . all the right. title . interest. claim and demand which the grantor{s ) ha in and to the real property. together with Improvements. if any . situate. lymg and being in the County of Arapahoe and State of Colorado . descnbed as follows: A parcel of land located in the southeast quarter of the southwest quarter of Section 28. Township 4 South. range 6 west of the 6 "' principal meridian . City of Englewood. County of Arapahoe . State of Colorado. being m o r e particularly described as follows : Commencing at the southwest comer of the southeast quarter of the southwest quarter of said Section 28: thence north 62°39·54-east. a distance of 774.-10 feet to a point on the east Right -Of-Way of Raritan Street. as recorded in Book 2352 at Page 330. in the Office of the Arapahoe County Clerk and Re corder. said point also the true point of beginning; Thence north 00°20-00· west. along said east Right-Of-Way. a distance of 49.92 feet. to the southerly Right-Of-Way of a no name street. recorded in Book 2352 at Page 330. in the Office of the Arapahoe County Clerk and Recorder; thence south 68°20·00· east. along said southerly Right-Of-Way . a distance of 45.43 feet. to the northerly comer of the property recorded in Rec eption No. A7 127208 . filed for record in the Office of the Arapahoe County Clerk and Recorder: thence south 51 •40· 11 • west. along the northwest line of the property described in the last said Reception Number. a distance of 53.45 feet. to the true point o f beginning. Said property contains 1.051 square feet or 0 .024 acres more or less. As shown on the attached map (Exhibit 8 ). 0 l > ... E I ,. .. I • 0 - • • I '- • .\ • .. • - TO HAVE AND TO BOLD the same . together With all and singular the appunenances and privileges thereunto belonging or in any Wise thereunto appertaining. and all the estate. right. title. Interest and claim whatsoever. of the grantor(s). either In law or equity. to the only proper use. benefit and behoof of the grantee(s). its heirs and assigns forever . IN WIINESS WHEREOF, The grantor(s) ha above. Arapahoe County Colorado c&tlli< Commissioners STATE OF COLORADO. County of Arapahoe I } ss. } executed this deed on the date set forth "'sd, r tJ. ,r_ owl\ edged before me this day of •\..: ·. 1999 . by ', "\ '"' le. ' if2..' c... My commission cq:ires: \c \ \c \ } C: C I...: Witness my hand and official seal . -2- • J ... 0 I • 0 32 • • ! ,l ,. n ' . tc.11111 ,r •• -- Oat( OJ" f'1lL»...: ..,,,. ,t, ''" -~ -9A1tD U"'GI ""-!i(;l! .. , ... C, 9Wf. ~IH(a$f QUQW.• Of H 1(JJt ..... !iT GUAll!'IP QI WC'91 •. IOC "°'"" 1D110tar USf • fCIUIID ,,_./Uri' Q WtQalll o Kl NO I ....... Cl# LI lfO IJa. .,.. 'GUIie: ...... (Ollelt ., ..,.. , I I , , , I , ' I t --------'\,--\..r.Ai-1[""'1,i, SW f/•. Wt a, f"l,, .... ,lfl,l,11 • A • ,,., .. .\ • • • .. .. 0 BOUNDARY SURVEY PORTIOtl or THE SOUTHEAST QUARTER or TH[ SO UTHWEST OUAA T[R or SE CTION 28, TO'#NSHIP 4 SOUTH, RANGE 68 WEST or lHE 61H PRINCIPAL M[RIDWI ., E X .. I El I T CITY or ENGLEWOOD, COUNTY or ARAPAHOE. STATE Of COLORADO B SHEET 1 or 1 • P •li;,l Of l • tt-:•lfO IN '~t "~,'\~t.i:• ll.J •"lfl" (" lt,l (C"11t, ... 1 c.1 ()J .. lf l f• or ~e nc,. :e 1(~>4!P , Sl.JI P+• 11 ••• .f. f• c.1 o "*-, • .. rc::·•j -r a, "'' ~1t .,..,1 Clf'r ry; {NQ.Jfl'OOll. COUH 1 (.I'" ·~·.,•wa. s u ri ()I' CO.C,.AOO evu c W('IP[ P •Q OCVLJ.•t l D!.5C1tl8I:~ A!, TOUC-..... (f --.i[NCINC ., ™( ~Jf'l,otllf~1 1.. H[D (.II 1--t' C.0..l'<if a C,1 o.i•rup, ,-.. TI![ SOUl~'IIII SI OJ•ll!l(A ~ S-..0 51..c nc111t 1fl n<_ 'ft 'I~· &: jg ..... I •Sf, a t .. St••tr'( t.)J 71 1 •C' f f!. f t) I P()lllf T 0N ft,o(. !.A.5 1 .. (;M t-or -•• ..._r.i1 ... ··on1 •s P!tt .. ~r;{I\ IO J B:O' :!~!,, Al ..... ~ l}U, .. n.;( on lCI' Cf ~ Al:'&C-,.,o(J{ C -'f• ., cu·s,.c 1,N(' Pl(QQ()f D C.4.li) PO!fltl At.SO llflfrfC, ,..._ TIIU( POINT a, 9(~~C: MNC't. NOP.r .. 00"20 '•s1. •1.0,,.c S •IV (•';.I IP,r.t,• U' .... , • ('t~l .. ,,r, or ,0 0 7 rtct. 10 n.r sou,...-ai , Pf::;t.11 or -••, or,. 11110 ,.,..,.._ ~u,n t n1 rO''ort:' 1"1 t-t.,-.. n..,, ,., PA.a: .nu ... u,c on ict or TMI' •••:t ••fQl '()JNl· tl·-... r, A~Ct."'t"P 11 ..... n s:,u , .. Hr1:,no· (AST "1 0NC ~·(, ~O,J fl•llfl.1 •te.••t c•-···~ .. fMS,'Pi'-1 .Ji ••••• f(l l 1(, t..r .. 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' BY AUTHORITY ORDINANCE NO. fl SERIES OF 1999 COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED BETWEEN ADAM AND KATHERINE LOUISE MULLEDY AND THE CITY OF ENGLEWOOD , COLORADO FOR 11 SQUARE FEET OF THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3697 SOUTH GRANT STREET, ENGLEWOOD . COLORADO . AND A LICENSE AGREEMENT TO CLARIFY THE LOCATIO:,.J OF THE CITY DITCH RIGHT-OF- WAY. WHEREAS, a request was made by Adam and Katherine Mulledy to clear title to their home at 3697 South Grant Street a part of which wa s built on the City Ditch ; and WHEREAS, during an Englewood Utilities Department project of surYeying the City Ditch, it was discovered that the Mulledy res idence encroaches into the City Ditch Right-of-Way by approximately 11 square fe et : and WHEREAS, the Quit Claim Deed for approximately 11 square feet will clear the title to the residence located at 3697 South Grant Street; and WHEREAS, the license agreement clarifies the location and rights of the parties regarding the City Ditch Right-Of-Way ; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement and the Quit Claim Deed at their August 17 , 1999 meeting ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. The "License Agreement" with Adam and Katherine Louise Mulledy 1s hereby accepted and approved by the Englewood City Council, the License Agreement is attached hereto as "Exhibit A" . Sectjon 2. The "Quit Claim Deed" for an approximate eleven square feet (11 ') of the City Ditch Right-of-Way for the residence at 3697 South Grant Street, Englewood is hereby accepted and approved by the Englewood City Council, the Quit Claim Deed is attached hereto as "Exhibit B". Sectjon 3. The Director of Utilities is a uthorized to execute and the City Clerk to attest and seal the License Agreement for and on behalf of the City of Englewood , Colorado. -I - . ., ..: . . ' 10 b vi 0 I • 0 • • • • • _. ,\ • , .. !.~ .. .. . • -.. ... Sectjon 4. The Ma yor is authorized to execute a nd t h e City Clerk to a t test a nd seal the Quit Claim Deed for and on beha lf of the City of Englewood . Co lorado . Introduced, read in full, and pas sed on first r eadi ng on the 15t h day of Nove mber , 1999 . Publiahed as a Bill for an Ordinance on the 19th day of Novembe r , 1999. Read by title and passed on final reading on t he 6th d ay of Dece mber, 1999 . Publiahed by title as Ordinance No. _, Se r ies of 1999 , on t he 10th day of December, 1999. Thoma s J . Burns . Mayo r ATIEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of t h e City of Englewood , Co lor ado, her e by ce rtify that the above and foregoing is a true cop y of the Ordina nce passed on fina l r ead in g and publiahed by title as Ordinance No. ~ Se ries of 1999. Lo ucris hi a A. Elhs -2- • , . ' . .. . .. . . • .. • ) I • 0 • .. ~ -· ., • . \• ... • -.. LICE"1SE ;\GREE'v!E'IT THIS LICENSE AGREEMENT, made and entered into as of tlus day of ------· 1999, by and between the CITY OF E:::-JGLEWOOD . a municipal corporation of the State of Colorado. herein referred to as "City". and ADA.\! .\.\.'D KATHERI:::-JE LOC'ISE 'vrt:LLEDY herein referred to as "Licensee". WITNESSETH : The City without any warranty of its title or interest whatsoever . hereby authorizes Li.censee to maintain a parcel of land in the City's rights-of-way for the City Ditch. more specifically described as a parcel of land situated in the ~orthwest Qua r te r of the Northeast Quarter of Section 3. Townslup 5 South Range 68 West of the Sixth Principal Meridan, City of Englewood . County of Arapahoe , State of Colorado and described as a Right-of-Way twenty-five feet (25 ') in widt h along the existing City Ditch as show n on "Attachment A" located across and along a parcel described as the South 50 feet (50 ') of Plot 3 , Block 3. Higgins Broadway Addition . recorded in the office of the Arapahoe Co unty Clt'rk and Reco rder in Re ception :-,/umber 44923 . except the West feet (8 ') and the Ea.t 13 feet (13') thereof as reco rded in Book 753 at Page 586 in said Cle r k and Re co rd e:·s Offi ce . l. Licensee is granted an exclu sive license to the parcel described herem subiect o th~ provis ions of this Agreement 2 . In granting this License , the Cay r ese rves the right to make full use of the parcel as may be nece ssary or convenient m the operat io n of the City and the City r etains all right to operate , maintain, install. repair, rem ove or relocate any of the City·s facilities located within the City Ditch or City Right-of-Way at any time and in s uc h a manner a s it deems nece ssary or convenient . In the e,·ent Li censee 's installations oh ould interfere with the City's use or ope ration of the City Di tch or Ri ght-of-Way . at any time hereafter. Lic e nsee s hall. upon request by the Ci ty and at Licensee·. sole expense. immediately relocate . rearrange or remove its installation so as not to interfere wnh any such City use and to rem o,·e the in stallat io n of Licensee when ne ces sar:: or conve nient for the City , its successor s and assigns. 3 . Subiect to the pronsions co ntained in paragraph 2. the City shall ha,·e the right to maintain , install. repair. rem o,·e or relocate the City Ditch or any other of its fa ctlmes or installatio n s within the City 's Right-of-Way . at any time and in such m anner as the City deem s necessary or convenient. The City reser:es the exclusi,·e right to co ntrol all easements and installations . 4 . The r ig ht s and privileges granted in tlus Licen ,e shall be s u biect t o pnor agreements . lice nses and/or gran ts , record ed or unrecorded , and it shall be the Li ce nsee·s sole respon sibility to de te rmine the existence of said agreements . licenses or grants or conflicting uses or installations. 5 . The Licensee shall have the ri ght to maintain the above described parcel including but not lim ited to planting and tnmm ing grass and/or bushes . fertilizat io n and irrigation and removal of trash and brush . 6 . Access to the pa r ce l by City personnel mu st be mainta ined by Li censee for inspection and maintenance . 7 . No construction, other than the e~is ting wooden fence . shall be allowed o n this parcel without express written permission from the City . . , . . . I • 0 - • • • .. • I, •. .. • ••• .. 8 . Upon abandonment of any right or privilege herein granted. the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 9 . The rights granted Licensee hereunder may not be assigned without the written consent of the City. 10 . Licensee shall comply with all applicable laws and ordinances and a ll rules , regulations and requirements of any environmental standards and conditions applicable to the City Ditch or City Right-of-Way . lf, as a res ult of the Llcensee·s occupancy of the premises and its operation hereunder. any such law, ordinance , rule or regulation is violated, Licensee shall protect, save harmless, defend and indemnify the City from and against any penalties, fines , co sts a nd exp e nses includmg legal fees and court costs incurred by the City, caused by. resulting fr om or co nnected with such violation or violations, and this License shall terminate immediat ely . l!'li WITNESS WHEREOF, this instrument has been exe cuted as of the day a nd year fir st above written. APPROVED : ~&>*'*~ Stewart Fonda, Director STATE OF COLORADO CO U NTY OF ARAPAHOE ) ) ss. ) CITY OF E NGLEWOOD acting through and by its Wate r and Sewer Board By ~~Ck! j Cha irm a n LICENSEE: .,4~&/ii d,S] Adam edy The foregoing instrument was acknowledged before me this L day of Uc,o:,,lrec , 1999, by Adam Mulledy. My commission expires: __ 11..-1-/..,,4:"-l/._..2_.o..,o""'"'::,..._ -2- .. .. . ' I • 0 32X .. ' . • -• ' -t-•J ·, .. .. . . .. ' .. • . ' .. -.. STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ~ day of &hw<rttbfr • 1999. by Katherine Louise Mulledy. NotaryP~c My commission expires : 7 / I,, I Zoe;?... 0 I • 0 -3- \J • z Cl) • ,n d ·! .. (.,<~ tJ~ Ul M ~ m M l> ;o -z (,I~ ,.~ ) .. • .,.-- .1 • ' , . .•. .. .. ' • -' 0 ------·1/---------·. /.J ..--. 16.0 ' -§<:,so·--·-----·-·-----·· . -::.L _______ -- '' V I ---·--------------------------------- S. SHERMAN ST. -·-·--· ---------------· I ·I J 6 . 7' R) 2 5'(R ) 25'(R) 25'(f~) 25 '(R) 25'(R) )S'(H) ?",'(11) 7 ~,'(H) ?5'(R) 2 ~,'(R ) 208. 7 8 '(R) ----~---- 60' ( R) aa. 78'(r~) 60'(1~) z .-. ·-· 0 --;~rn- ..,.=----1-----,-""77'-:--------7~,.9'(R) 5;> 5 '(R) N 00"()9'44 " W J 19 .28'(R) 79 .6 t(R) 7 1.61:(r<) 5fi OO'(R) fi 2 . 07'( ,~) • .._ .... ----·---· z CJ> -lO !-"' . .: I.JI lO ~u ~ OJ: M 75 .0 '(R) 0 ~. N I• ,., ,. <n ~ () z CJ> lO 0\ .l u, lO ~u ~ ()) M z " rn ~-1 lO ,, _: rn en 'i; ,~- ..._. ~- 1"'1 ~ t ~ ~ z '1; •u (1 ,u f I ,() \U II OJ ;, ( ,, .-'J v O !~ .. t h (1 t\.J ,,, '-... 0 16' • • ·• ,. ..-. 0 - ' Pas-e 2 o: 2 FOUND N0.5 R:: NO CAP ~-----------,-2-9-.:-'.5,-:--;(~~) ---------"",d ; 0 .'-' .. '.": ............................ ·-. ' .. ' . , ,, ... '. ''" ............ ~.. . . .......... . .... ~-...... -..... -' ..... . ... --' ·-.... ' t ' ''" ........... _ ....... . ~ . ; .. ; : ~ ..... ; ~ 8 ......... E.<ISTI NG FL CF CURS a:: ~ FCLNC Nc.s qs ~ I NC C.l :: 2 9:· <:: r &: C C . =-;r I 0 0 z N ca ··,;;·~c " -: I --'---- c~::. ;::",:~ 6::/ I 1:s:·1 =' ~ .1· ' l=°•'.:L:NC' NC .5 ;:; NO CA? 5C:N- 3 .21'S /'J &: 3::· c~l..:. j::~CF= c::i:. ... ·:·: ·' . . . .. . . .......... N I , ~ -: : r-..: 'J C : ::i5 'J C :,l;:: ::::'-- J .·~ 3 /C & .:..~c · ~' ,.., '-',--- • = I r , -I ~ _.. ' '\ I ;,-c~ .~?1 ·''l /..-:. ·: .... ,• :::• _.l\ ,3 · C c.. I.,.~ •• ' EL::lG I I . ' \::'K~()A C!-ES I . __ s_ ::::, 2.,,· I ('":l::> -- ii( 753 ... r-~ 5cE l I . " . KENYON AVENUE • .,_: CJ) !z <t a: (j cri ) I I :, I ,j c ,r, I • • • .. .\ • .. • •• QUIT CLAIM DEED 'DDSil!J!D, made this day of . 19 99 . between TiiE CITY OF ENGLEWOOD . COLOR.\00. a Home Rule Municipality 3400 South Elati Str~t Englewood. Colorado 801 10 of the County of Arapahoe and State of Co lorado . g rantor (s ). and whose legal address is AD AM AND KATHERJ '.'<E LO UISE MU LLE DY 3697 South Grant Street Englewood . Co lorado 8 0 110 of the County of Arapahoe and S ea t e of Color a d o . gran t ee(s). WITNESSETH. That the gr an te r . fo r and in con sideratio n o f the sum of Ten and no /100 ----------------------------------------DO LL.\RS the recei p t and suffici ency of whic h Is hereby acknowledged . has remised . r eleased . s old . conveyed and QUT CL\.l :VIE D . and by these presents does remise. relea s e . s ell . co n vey and Q C IT C L\.l'.'vl u nto the grantee(s ). its heirs . successors and assigns . forever . all the ri ght. title . interest. c lai m and d e m and which the grantor(s) ha in and to the re al property. toge ther wi th improveme nts . if any . situate. lying and being in the County of Arapahoe and S tate of Co lo r ado. d escri bed in "Attachment A" attached hereto and in c orpo r ated h e rei n b y r efere n c e . Said property contains 11 square fee t. TO HAVE AND TO ROLD the same . toge ther wi th all and s ingular the a ppurtenances and priVileges thereunto belonging or in any wise there unto appertain in g . and all th e estate. right. title . interest and claim whats oever. of the g rantor (s). eithe r in law or equity. to the only proper use. benefit and behoo f of the gr antee (s). its h ei r s and assign s fore ver. IN WITNESS WHEREOF. The granter has exec uted this deed on the da te set fo rth above . CITY OF E NGLEWOOD. COLORADO ATIEST: Loucrtshia A. Ellis. Ci ty Clerk ThomasJ. Bums. Mayor ' .. , E ) ~ I E I , E • ) ., I • 0 2X • • _.,_ .... LEGAL VESCIUl'"l lUN •· • .\ ~ . .. • •• ' ' "Al tm·l111~11L ,\'' Ln W it Cl,,u,, U('(!U fur lhe Cily of t:nyle>,\.~ to MuUruy Daled ~P-a q_e_l,-o~r~2,------ /\ Parcel ur lanJ. lrn.'.i&lc<l iu a p:11l 11r the Nu1thwcs1 (Jumh:r of the Nu1lhl·ast (.Juartcr uf Scl'.tio11 ). Tow11ship 5 Suulh. ltan~c 68 \Vrst . i1 f the Six.th l'rim:ipal fv k ri di an. Ci ty o f EnglcwoHd. l'u ui1t y llf Ara pahoe. Slo.1tc uf Colurmlo, hci11g more par1u.:ularl y 1.h:scrihnl as ft,lluws : Commcm.:ing al the N01 lhl'as1 c11 111c1 uf the Suulhwcs l ()11:n lcr uf the No1 thcasl <)u;irh:r of !iiaid Section J ; Thcrn.:c Nt 111h 7N°·1X '55" \Vi.:s l. a di s tam:...: or 35H .111J lcct. ·11ic 111.:c South )N c-U7'J S" V..'c ~I. a dislm1l'C uf 5 .95 lt:1.:t. to ;1 p11i11t t1 11 1hc Sm1th\.'1l y R ighl-t1'._\\'ay ,.r th e l 'ity I >ih.:h: ·11i ... ·11 cc So 11th 74 °4Y'5 4" \\lest . alu11g ~:,id So111hc d y l{ight ·o f· \Vay. a di s lam.:c of I K.70 k..:t. to lhc i11h.:1 S l'l'.l 1u11 of 11 11; saiJ Suuthc1ly Hit;hl·11l ·\V,1 y ;uul lhi.'. N11 1lhctly liuc of a lt111hli11 ~ 011 lhc p111pc11 y ll'l '11Hh.:d 111 Rcl'.q,111111 Numl,e,:r l'IJ UK4 . i11 lhc Ollie"· of 1111: 1\1 ap:,lioc l'ou111 y l 'lc,k ;md lkco1tlc1. saiJ p11i111 also b1.'.i11i:; lhc True l'oiul of lkgi1111i11l!: T hcucc along saiJ Soulhclly R1g h1 -ur-Way, ah,ng lhc following 1wo (2) wurscs: I .) Soulh 74°49'54" Wcsi . a J isl:mcc of 5.(, I li:c1: 2 .) South 65°U7'UK" Wcs l, a Jisla11cc of J. 70 li:ct , tu lhc Wcs tc1 ly li11 c ur saiJ 1Juild i11g : Thcnc.:c North 00°SU'I K" w~sl . along s.,iJ \Vc!--ICl'l y Bu ilJ i11g li11c . a d1 s t:11u.:c uf 2 .•Jl) li..·c l. 'I li cm.:I.' Nu 1 th 81J 0 44'3 l" East. a Jistancc u f K.82 lccl . 10 1hc True l'u i111 uf llcgi n11111 g. SaiJ ra,cel of lanJ contains 11 S<(Uarc feet. The Unsis urUcnrings was IU1111cJ hctwccn 1w1, ll,u11d mu11t1111 c 11l s ,t11 ll1c Nu1tl1 li1 1c of ll1c Suu tl1 eas t Quarter of the Nu11hwcs l IJ11a11cr ur saiJ Sccliun 1 . hcing Nu llh 89°117'35" Ea st. /'J .,.2 aw M • -~./,. L {''/.',, ,:-"/!C/? ..,1.1. L,,tl~:.i,~11:~.,. ........ . . . ··· ii) RlG ··. :· .. City of EnglcwooJ "City l>ilch" 3697 S. Grant SI. RMC Job No. 2K82 .0IO.OO Doc . No. C:\l'ruject\2tlll20101Gmtlc11l .wp,I IJuWaync M . l'hillips l'I.S /l'J )2'1:,'-~ ···;,.-:s1{',;,_· · .. Fur aml 011 Bch;,11 f of .:' ,:';~ ... ~~ i. ~~'"d l{U\:k y Mouulain Cons ulla nt ~. II~~~{ 9121 .. ) 7. M30 I E . l1 1cnlicc /\ vc . Slc . l ll l ·. \ : ,: . EnglcwuuJ. Cl I XU 111 .:_.'.'.• •••• _ •••• ·~~-.'. \303) 741-(,UOU · ... _'11\'A L l(,\1~.-:::-··· ··, ... ;,11,u~\-·· lJalc: 15-18 ·'11 May 12, 1999 Viti Revised Au1111Sl I K, I W'J V ltl • ,.· '> ' '-.. .:. I • 0 32x I • • -• LINE LI L2 L3 L4 L5 L6 .. ~ ,,... .. .I • .•. , . . . • -.. ... ' I' o l ltP L'll"," 1 f L11•iJp•.-.,.• •·l L"• i 'ul k"I/ d...iLL,l EXHIBIT LOGAN < 25 ~~-~ P.O.C. ---------r---.,,----, 5 \E CO R, SW 1/4 . NE 1/4 NE COR, SW 1/4 , NE 1/4 SEC . 3 T5S . R6 6W . 6 TH PM SEC. 3 T5 S, R68W . 6 TH PM FOUND NO . 5 REBAR O FO UND NO. 5 REB AR NO CAP I "' w \~:~:. : ..... : : . .' ! . SCALE : 1 "= 50' 4 CITY DITCH' S. GRANT ST. BEARIN G DI S TAN C[ S B9'07'J 5" W 5 .9 5 ' "' s 74·49 ·54 "w 1B .7 U' ,, ~ 0 0 S 74 •49'54" W 5 .6 1-, -WN S 65'07'0B" W 3 .70' "'w o'-' N 00'50'18" w 2 .99.-o « w11. N B9'44'J1" E B.B2 ' u => /~~ ~ <( B z .; 75.9 '(R ( 5) ---r---,r----r--.----i ( 5 ') JO') I'. THIS EXHIIIIT DOES NOT A(PR[SCIH A MONUU[NTlD SURVEY. IT IS ON1. Y INTENDED TO DEPICT 1HC A TI ACHED OESCRIPnON . NW CO R, SW 1/4, • / NE 1/4 SE C. J , / T5S , R6BW, 6TH PM FOUND ALUMINUM CAP ON PIP[ ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2 ILLEGIBLE Suile 101 [n9'e•ood. CO 80 111 (J-OJ) 7 41 -6000 f'A'II. (JOJ) Hl -61 06 OAI( 05 12 99 VRI RL VISLU 00 18 9V VRI • -· ' .. • I .. I • 0 .J ..... • • • RESOLUTION NO . JQL SERIES OF 1999 '"' :,• ~ --• • - .. ,\ .. .. " ~ A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO FILE AN APPLICATION WITH ARAPAHOE CO NIT FOR A 2000 COMMUNITY DEVELOPMENT BLOCK. 9t,_uf : --- WHEREAS , Englewood City Council has approved CDBG applications since 1977 a nd approved the execution of an Intergovernmental Agreement with the passage of Ordinance No . 37 , Series of 1991 covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994 ; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 1, for funding years 1998 through 2000; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community developm e nt needs ; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application: and WHEREAS , the City of Englewood has received a notice of fund availability; and WHEREAS , the City of Englewood , Colorado desires to apply for these funds through the Arapahoe County 2000 Community Development Block Grant to fund the Housing Rehabilitation Program , to assist with the funding for the Family Self Sufficiency Program, to assist with Skerritt House Renovation , to assist with the funding for the Homeless Prevention Assistance Program , to assist with the funding of a Tool Library, to assist with the funding for the Family Resource Center, and to support an Open Space Planning Study; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The City of Englewood . Colorado is hereby authorized to file an application for an Arapahoe County 2000 Community Development Block Grant. Sectjon 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms , documents, assurances and certifications for the Community Development Block Grant for and on behalf of the City Council and the City of Englewood . ADOPTED AND APPROVED this 6th day of December, 1999. ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellis , City Clerk .. ., ,. .. I • 0 32 I - • • • .\ • .. .. • -.. ... I , Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999 . Loucris.hia A. Ellis ' ., < ~ '', ' .. r • • I • 0 - • • • ·~· .. • -' COUNCIL COMMUNICATION Date Agenda Item Subject A Resolution Approving FY2000 Community December 6 , 1999 10 Ci Development Block Grant Application Initiated By Staff Source Janet Grimmett, Neighborhood & Business Development Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Goal: Housing and Community Development Previous Action: City Council has approved resolutions to file Commun ity Development Block Grant (CDBG) applications annually since 1977. The City Council has also approved participation in the Arapahoe County CDBG Entitlement Program for funding years 1998 through 2000 by the execution of Amendment Number One which extended the Intergovernmental Ordinance #39 , Series of 1994. RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply for fiscal year 2000 Community Development Block Grant (CDBG) funds and support for a separate application to Arapahoe County "CDBG Pool" funds for the Family Resource Center. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal CDBG Entitlement Program provides grants to units of local government and urban counties to meet housing and community development needs. The obiective of the program is to develop viable urban communities by providing : • decent, safe. affordable housing , for example . housing rehabilitation . Family Resource Center, tool lending library; • good neighborhood environments , for example , open space planning and acquisition ; • improved public facilities and services. for example , Skerritt House renovation ; • economic opportunities primarily for persons of low and moderate income, for example , Family Self Sufficiency program . The Federal Program objectives are achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate income families or that aid in preventing or eliminating slum or blight. The request for funds may also include activities that are designed to meet other urgent development needs in the community that pose a serious and immediate threat to the health or welfare of the community if other financial resources are not available . Local governments determine the activities that best serve the objectives of the program. '-..J Funds are appropriated annually by the Congress for this program and are allocated by statutory formula to each entitlement area . Arapahoe County is an approved entitlement area. The grant funds are distributed on a formula basis to participating cities within Arapahoe County that incorporates each jurisdiction's total population with its low/moderate income population . • • ") ) I • 0 • • -. .. • -· • !, ',, • ' ,. • ' The City of Englewood must submit an application(s ) in order to receive funds from the FY2000 Arapahoe County CDBG Program . Since the local program is noncompetitive , the County will evaluate the applications based on compliance with the National Objectives. Funding leve ls for FY2000 are not yet available , but it is anticipated that the City's funding level will be close to the 1999 CDBG award of $209 ,887 . The FY2000 Local Program consists of seven possible projects that meet current housing and neighborhood needs . Beginning with FY2001 funds , CDBG projects will implement the Housing and Neighborhood Plan being drafted by Neighborhood and Business Development staff for review by the Planning Commission and City Council. This plan will be an amendment to the City of Englewood's Comprehensive Plan that will identify housing and community development needs and their possible solutions . All projects are subject to additional review by City staff , Arapahoe County CDBG administrators and the County Commissioners . The listed projects and funding levels may change. FY2000 CDBG funds are being requested for the following projects : 1) $112 ,000 for the Housing Rehabilitation Project that provides loans to homeowners to finance the costs of major household repairs and improvements ; 2) $10 ,000 for the Englewood Housing Authority 's Family Self-Sufficiency Project that provides comprehensive case management and support services to participants to become se lf sufficient within five years ; 3) $40 ,000 for renovating the Skerritt House . CDBG funds would provide part of the required local match for Colorado Historical Society's grant funds ; 4) $8,000 for the Englewood Housing Author ity 's Homeless Prevention Assistance Program that provides loans to low income fam ili es to prevent evictions and foreclosures that could result in homelessness ; 5) $5 ,000 for the Englewood Housing Autho ri ty 's Tool Lending Library to purchase power and hand tools that will be loaned to low income families to complete minor home repa irs ; 6) $10,000 to support the Western Arapahoe County Homeless Alliance 's (WACHA) Fam ily Resource Center to be located at Arapahoe House ; and 7) $25 ,000 to support an open space planning study along the South Platte River corridor . A joint application will be made by Arapahoe House and WACHA to the Arapahoe County Community Development Advisory Committee for $50 ,000 of "CDBG Pool" funds to rehabilitate the building for use by the Family Resource Center. This application is separate and outside of the City's allocation of FY2000 funds . The Committee consists of representatives from each of the six urban county jurisdictions and receives its own funding set-aside for projects serving two or more jurisdictions . Staff is requesting a letter from Council supporting this application . FINANCIAL IMPACT Existing Neighborhood and Business Development staff administers the proposed projects . Staff salaries and benefits represent the City's participation in the projects . Englewood budgets approximately $10,000 of CDBG funding to offset salaries and benefits. LIST OF ATIACHMENTS Proposed Resolution • ... • I • 0 - • RESOLUTION NO.~ SERIES OF 1999 t • •' ,. ,/'. • • - .. .\ .. . '- ' " !Oc.ii A RESOLUTION OF THE CITY OF E NG LEWOOD . CO LORAD O APPROVING A !\!ASTER LEASE AGREEMENT FOR COMP UTER AIDED DISPATCH AND RE CORDS l'vL'-\NAGD IE:'-iT SYSTEMS EQU IPMENT FOR THE CITY . WHEREAS, pursuant to Ordinance No . 65 , Series of 1999 ("'Ord in a nce No. 65 '") the City Council (the "Council") of the City of Englewood . Colorado (the .. City''). authori zed a nd approved th lease purchase of computer aided di spatch a nd r ecord s management sys t em equipm e nt for the City communications center (the ''CAD/RM S Equipment'"); a nd WHEREAS , Ordinance No . 65 provides that, following the rece ipt of bid s, the Co un cll s h a ll approve . by r esolution , a lease purchase agreeme nt and th a t s uch a ppro,·a l s h a ll co nta rn a determination by the City Co uncil that the r enta l payments und er the lea se purchase a gree me nt represent the fair value for the use of t he CAD/RMS Equipment: and WHEREAS , on November 30 , 1999. the City received fiv e bid s. each of which co nta rn ed a proposed repayment sche dule r efl ecting a fo,ed inte r es t rate: and WHEREAS , a bid r efl ecting an interes t rate of 5 .10%. whi ch was the lo wes t rnte r est rate of the bid s received , was submitted by Sutro & Co . Inco r po r ated . of La kewoo d . Co lorado. t ogethe r with proposed documentation to be used in the financing (the ··Lease Agr ee me nt"): a nd WHEREAS , co unse l to the City a nd t he City's fi n ancia l adV1 so r have advi sed the City that the bid s ubmitted by S utro & Co . In corporated was i n co nformi ty with t he r eq uirem e n ts of Ordinance No. 65 and related bid specifi ca tions , a nd the Co uncil is desirous of approvin g the execution and delivery of the Lease Agre ement on De ce mber 20 , 1999 ; NOW , THEREFORE, BE IT RE SO LVED BY THE CITY CO U NC IL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Section 1. Approval of Lea se Agreement . The Lease Agr eement. in s ub s ta nti a ll y the form and with substantia lly the co ntent presented to tlu s meeting of t he City Councll , i in a ll res pec t s a pproved , a uthorized a nd confi rmed . Section 2. Dec)aratjons and Fjndjngs . The City Co uncil hereby de termines and declares th a t the re ntal payments under the Lease Agr eeme nt (the '·Re nta l Payments .. ) represe n t the fair va lue of the use of the CAD/RMS Equipment, a nd that the Prepayment Price (as defined in the Le a se Agreement) represents the fair purchase price of the CAD /RMS Eq uipment. The City Cou ncil here by determines and declares that the Rental P ayme nts d o not excee d a r easonab le a mount so a s t o place the City under an economic or practical co mpulsion to appropriate moneys to make payments under the Lease Agreement or to exercise its option to purchase the CAD/RMS Equipment purs u ant to the Lease Agreement . In making s uch determinations , the City Co uncil h as given co nsid eration to the current market value of the CAD/RMS Equipment, the cost of acq uiring, constructing or equipping property similar to the CAD/RMS Equipment, the uses a nd purposes for which the CAD/R.\.IS Equipment is being and will be e mployed by the City . the benefit to the citi ze ns a nd residents of the City by reason of the use of the CAD/RMS Equipment pursuant to the term s a nd provisions of the Lease Agreement, the option of the City t o purchase the CAD/R~1S Equipment. and the expected eventual vesting of full title to the CAD /RMS Equipme nt in the City . The City Co uncil hereby determines and declares that the duration of the Lease Agreement, including a ll option a l renewal terms, authorized under this Resolution, does n ot exceed the weighted ave r age useful life of the CAD/RMS Equipment. 02-SS267 01 • ' ~ .. I • 0 .]-.:,a ...... • • • • ,,-- ,I • ' .. . ·~ • •• ' ... COUNCIL COMMUNICATION Date Agenda Item Subject Resolution approving a master lease agreement fo r Safety Services computer aided December 6, 1999 10 C ii dispatch and records management system Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financia l Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On November 15 , 1999, City Council approved , on final reading , Ordinance 65 , Series of 1999. Th is ordinance authorized and approved the lease purchase of the computer aided dispatch and records management system (CAD/RMS). Ordinance 65 also provided that following the rece ipt of b ids . the Council would approve by resolution , a lease purchase agreement. This agreement includes a determination that the rental payments represent the fair market value for the use of the CAD/RMS equipment. RECOMMENDED ACTION City staff recommends Council approved the attached resolution approving the master lease agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood received five bids with proposed repayment schedules reflecting fixed interest rates. Sutro & Company of Lakewood, Colorado submitted the lowest bid (5 .10%). No alternatives were identified . FINANCIAL IMPACT The funds for the annual payment of this lease-purchase are included in the City's 2000 Budget. UST OF ATTACHMENTS Proposed Resolution ' . .. .. I . 0 -' " {' ,•' .. • • • •• .. . ' .. .\ .. ', Section 3. Bank-Qµaljfied Determjnatjon. The City hereby designates the Lease Agreement as a "qualified tax-exempt obligation" for purposes of Section 265(b){3) of the Internal Revenue Code of 1986, as amended. Section 4. Obljgations of the Cjty . No provision of this Resolution or the Lease Agreement shall be construed as creating or constituting a general obligation or a multiple-fiscal year direct or indirect indebtedness or other financial obligation whatsoever of the City nor a mandatory paym e nt obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Le a se Agreement shall be in effect. Section 5. Severahility. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent. if a ny provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to moet fully implement its purpose. ADOPTED AND APPROVED this 6th day of December, 1999. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia 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 2 '· ' . .. ' ,. .,: ' .. i • ) I • 0 32xl: • • .. ~ ,-- .\ • r :,, ... .. • \. -.. ., •, ' 11' ( './ 1- COUNCIL COMMUNICATION Date Agenda Item Subject Contract with Andrews & Anderson for Historical December 6, 1999 10 C iii Structure Assessment of Thomas Skerritt House Initiated By Library Department I Staff Source Hank Long, Library Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION As part of its mission to preserve Englewood's historic heritage, City Council in April , 1999. authorized $135,000 for purchase of the Thomas Skerritt house and surrounding lots in order to safeguard it for future generations. Subsequently, on November 15. 1999, City Council approved the grant award of $9,965 by the Colorado Historical Society for a historical structure assessment of the Thomas Skerritt House. RECOMMENDED ACTION The Library Department recommends City Council approval of by Motion the award of a contract with Andrews & Anderson, Inc. to conduct a historical structure assessment of the Thomas Skerritt House . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Earlier this year, the Library submitted a grant proposal to the Colorado Historical Society to acquire funds for the purpose of hiring an experienced firm to conduct a historical structure assessment of the house built by Thomas Skerritt, the "Father of Englewood" in 1864. During the same period, the City released an RFP seeking a bid from architectural firms with experience in conducting similar assessments. Three proposals were received, with the firm of Andrews & Anderson selected as the successful bidder. Their original quote for the work to be done was $9,965 , but after the grant application was submitted to the Colorado Historical Society, CHS added several additional requirements to the Scope of Work that added an additional $880 in costs by Andrews & Anderson . Andrews & Anderson will complete its work (Le. historical structure assessment of the Skerritt House, along with final conclusions and recommendations for its eventual use) by no later than May 15, 2000 so that the City can apply for additional grant funds from the CHS to rehabilitate the property. FINANCIAL IMPACT Along with the $9,965 from the Colorado Historical Society , the City will pay an additional $880 to Andrews & Anderson for a revised Scope of Work as per new requirements by the Colorado Historical Society, for a total of $10,845. UST OF ATTACHMENTS Contract • .. I • 0 3 • • -• • ~ ,,.,-. • .. ..• , • -.. " ~ PROFESSIONAL SERVICES CONTRACT FOR HISTORJC STRUCTURE ASSESSMENT OF THE THOMAS SKERRITT HOUSE -3560 SOUTH BA NNOCK STREET. ENGLEWOOD , COLORADO This Agreement is made and entered into this __ day of 19 _, between the CITY OF ENGLEWOOD, Colorado, a home rule municipality. hereinafter City and ANDREWS & ANDERSON , P.C., of 1120 Washington Avenue -Suite 200. Golden. Colorado 80401. hereinafter Architect . RECITALS The City Proposes an historic structure assessment of the Thomas Skerrin House located at 3560 South Bannock Street, Englewood. Colorado, hereinafter Skerrin House .. The City requires certain professional architectural services in connection with th is project as described in its Request for Proposals . The Architect is able and desires to perform such professi on al services as may be required by the City up on the terms and conditions set forth in its Proposal dated September 10. 1999 . list of additional services required by the State Historic Fund dated October 18. 1999 and th is Agreement. In consideration of the matters described ab ove . and of the mutual benefits and obl igations set fo rth in h1 Agreement, the parties agree as follows: SCOPE OF SER VICES Services to be provided by Architect include the scope of work and fee schedule as des cribed in "Exhib it A". along with the proposed additional services required by the State Historic Fund fo r a fee o fS880 .00. as described in "Exhibit B". DUTIES AND OBUGATIONS OF ARCHITECT The Architect shall have the following obligations. duties and powers with respe ct to thi s Agreement : I . The Architect shall com plete the work as described above in the scope of services within professional arch itectural standards . 2. The Architect will provide As-Built Drawin gs necessary to explain the work to be done . DUTIES AND OBL!GA TIONS OF THE CITY OF ENGLEWOOD The City shall pay the Architect, for work performed for the agreed upon services listed in the scope of work . nine thousand, nine hundred and sixty-five dollars (S9.965 .00 ) plus an additi onal eight hundred and eighty dollars ($880 .00) for the additional services described in Exhibits , for a total payment not to exceed ten thousand eight hundred and forty-five dollars (SI0,84 5.00 ). The City shall make payment upon com pletion of the project. MISCELLANEOUS The term of this Agreement shall commence on--------~ 1999, and terminate at the project 's end. • . • 'I ... > r . t t a C h m e n t l I • 0 - • • • p -,\ • ' , .. ,·:·~. .. ' ·, • - ... Either party to this Agreement may terminate the Agreement by giving to the other party thirty (30) working days notice in writing with or without good cause shown. Upon delivery of such notice. all services in connection with performance of this Agreement shall cease. Payment shall be made for services completed prior to the receipt of the notice. This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation. renewal. addition. deletion. or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract which has been properly executed. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcemcnl shall be strictly reserved to the City and Andrews & Anderson. P.C.. and nothing contained in this Agreement shall give or allow any such claim o r right o f action by any other or third person on such agreement. The panics shall not assign or transfer its interest in this Agreement without the written consent o f the other party. Any unauthorized assignment or transfer shall render this Agreement null. void and of no effect. Any notice to be g iven hereunder shall be deemed given when received by re g istered o r cert ifi ed mail to the addresses below: Hank Long City of Englewood 3400 South Elati Street Englewood . Colorado 80110 Andrews & Anderson, P.C. 1120 Washington Avenue -Suite 200 Golden. Colorado 8040 I In case of any conflict between various provisions of this Agreement. the terms of the Agreement shall prevail in the following priority. this Contract for Professional Services. the Additional Services Fee Structure of October 28. 1999. the Proposal from Andrews & Anderson of September 10 , 1999 : then the R.F .P. provided b~ the City. To the extent that this Agreement may be executed and performance of the obligations of the panies may be accomplished within the intent of the agreement. the terms of this Agreement arc severable. and should any term or provision hereof be declared invalid or become inoperative for any reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. T he waiver of an y breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. In WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written . CITY OF ENGLEWOOD ANDREWS & ANDERSON. P .C . By: ___________ _ By: ___________ _ Gary Sears. City Manager • '· .. ., ' .. .. I • 0 o- • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~ • • • -• • • ~ • ~ • • ~ ~ • .. • ,,- .\ • l·• ... .. .. . . • -.. ... ., Architectural/Engineering Qualifications for CITY OF ENGLEWOOD SKERRITT HOUSE HISTORIC STRUCTURE ASSESSMENT Andrews & Anderson . P.C . September 10 . 1999 .. I! ~ I I! I T A " ., .. . ., . . I· 0 32 I - • • • • • . , ' a a .. ' ' ' ' I ' I I • I I I • ' ' • I I I I I I • I • ' • ' ' ' ' ' September I 0, 1999 Michael Flaherty Assistant City Manager City of Englewood l• ,,, 3400 South Elati Street. Second Floor Englewood, CO 80110-'.!304 Re: Skerrin House RFP Dear Mr. Flaherty: /' • • - .... : - l .• -- SEP lo 1J99 ... Andrews & Anderson, PC is pleased to submit the follO\\ing propos al fo r Professional Services associated with the Skerrin House Hist oric Structure Assessment After reading the information provided and stopping by the st ructure to see the site and the house itself. we feel it is an imponant pan of the City o f Englewood and strongly encourage the proposed presen·ation and rehab ili tati o n . The obvious encroachment of neighboring de\·elopment is clearly a threat and the city· s purchase of the house and its site is an commendable mov e to presen·e a part of Englewood's heritage . .. The first step in any rehabilitation. adaptive reuse or restorati o n proj ec t is to understand the existing building and its systems . Andrews & Anderso n. PC has led teams of engineers in evaluating hundreds of thousands of square feet of buildings to pursue the most sensitive course for change . We ha\·e dewloped an approach which qualifies , quantifies and communicates a building's exi sting opportunities and constraints. Each recommendation is made within the context of the Secretary of the lnterior·s Standards for Rehabilitat ing Historic Buildings . At the end of these discovery phases the Client has a document which identifies all of the character-defining historic features and clearly delineates rehabil itation costs and processes for funher steps. The following scope of services has been tailored to meet the need s of the City of Englewood as well as the Colorado Historical Society (CHS ): Andrews & Anderson, P.C. ARCHl7E 1.... RE HIS70 RI PRESE~\ATiC\J Pl\"-l'-l 'C • Field investigation of the building and site includes:• c. \.i.-c::"'..; lc:}j o{ a.dd, f,..,,. a....! i""'f""J .,t-~ visual analysis of the foundation and wall. floor and roof structural systems and chimneys visual analysis of the mechanical , plumbing and electrical systems throughout visual analysis of exterior envelope materials and systems. windows. doors. roofing , gutters and masonry visual analysis of interior finishes. doors and trim site layout analysis and visual investigation of landscape materials and access overall measurements of building and site photograph building and specific conditions 112 (' WJs hin~t n .>.,·e~ue . Suite 200 • Gulden . Cokirad o 8040 1 • 3C 3.:75.-+378 • Fax 303.2 78 .0521 • • . . ' I • 0 - • • • .. • • • • • .. a • • • • • • • • • • • • • • a • • a • • • • • • • • • • • • • • • Skenin House RFP Page 2 . , .. ·•' 't • • •• • Generate report of existing conditions. recommended stabilization steps and an opinion of probable costs associated with each step. (a sample page from a similar report is attached for your infonnation) . • Generate a preservation plan (based upon the infonnation gathered in the analysis) that prioritizes the steps necessary for the preservation and rehabilitation of the building. This will include phasing strategies and associated costs for the work to be done . • Review report with City for clarity and content. • Publish (5) five copies of the final report for distribution and use by the City . We have also included an as-built dra""ing phase in our proposal. The drawings that would be generated would be accurately measured. plotted computer drawings of plans and exterior elevations of the existing house . The drawings could then be used for space planning, area take offs. accurate bids o n work to be done and for facilities management purposes . Our fees for the above scope of services would be a lump sum fee of S7.285 fo r the Historic Structure Assessment. An additional fee of S2.680 would be charged for the proposed As-Built Dra""ings. Our fee worksheet is attached for your infonnation. Please note that we are not including any laboratory analysis of materials in an effort to keep costs and schedules at a reasonable le\'el. If the City desires this type of analysis, we can provide it at an additional cost. Please feel free to call if you have any questions about this proposal or if you need clarification on any point. We look forward to working with you. ~- David C. Anderson. AIA Principal DCA"av Anachmcnts \VI l~l:S'DW GS\1999\Mk111Skcrrin House HSYcncr .Scptcmber 10.doc .\ .. ' .. • I ... "· . . .. I . 0 . ] • ' • ' ' ' • ' ' ' ' ' ' ' ' I ' • ' ' -' ' ' ' ' ' ' ' ' ' . ' • ' • ,. • • .. • • Skenitt House Historic Structure Assessment Englewood, Colorado Houn Site Visit (Building evaluations. photos. marmal investigations. etc . l DC.\ 6 RW 12 Sm,c NA 3 Mt chl!ltc GGA 6 Analysis & lupo" CAneratioa (Wnncn analys,s. esiimauons. repon formaning & assembl y) DC..\ 6 RW JJ VvV 2 Struc NA J .\lee ht £lee GGA 6 Site Visit (Verilic:m o n & re vi e") DC..\ 3 RW 3 Fiaalia & Prial lupo" (after preliminary review by city ) DCA 3 RW 1:: Cost Est AC( 3 V,i \i 3 lupo" Copin & Photos (Pri nting and de li very) Re tmb 5 SUB-TOTAL As-Built Drawi•1• t F 1cld measurements & co mputer input of fl oor plans and 4 cl c,a u onsl DCA 4 AE 44 RW 8 Re imb 12 TOTAL .\ .. Hourly Rate Sub-Total s 80 .00 s J80 0 0 s 45.00 s 540 00 s 100 .00 s 300.00 s 100 .00 s 600 00 s 80 .00 s J SO 00 s J5 .00 5 1.980 00 s J 0 .00 s 81) 00 s 100 00 5 J OO 0 0 s 100 00 5 6001)0 s 80 00 s 2-l O 00 s 45 00 s Li 5 00 s 80 00 s 2-l O.OO s 45 00 s SJ 0 .00 s 10000 s 300 00 s J 0 .00 s 1::0 0 0 s 50 00 s :::o 00 s 80 .00 s 320.00 s 40 .00 s 1.760 00 s 45.00 s 360 00 s 20 .00 5 2JO 00 OCAz Dave Ande=n WV • Wendy Vaughan RW •Rob Ward ACC = Associ at ed Co nstructton Consu lt. JVA=JV A. In c. GGA =Go rdo n G umeso n A ssociate s I AE •Andy Emke F .. wortuhect .9 9 99 . 9110199. 9:35 A,\I • s s s s s s s s Total ' ... 1.9 ~0 00 3.5JO 00 375 .00 1.::0000 ~5 0 00 7.285.00 2.680 .00 9.96~.oo 0 I • 0 • • • • • I • • ' ' ' • ' ' • • • ' -• • • ' • t t ' • ' ' • • • • J ) • ' ' t ~ • ~ ) -. .. " --. .\ • •L, .. • -' Hall Ranch House Hisioric Suucture Assessment & Preservation Plan BUILDCNG FEATURE : Exterior Walls -Shingle Siding EXISTING CONDITION : The exterior cedar shingle siding on building "('" is in poor condition. The shingles are cupped, missing and /or .,..,ithout finish . Misc . Ix horizontal wood boards on 2 x 4 framing comprise the wall system. Door opening and framing into crawl space is dilapidated . RECOMMENDED STABILIZATION : The cedar shingles could be individually examined . The cupped and missing shingles will need to be replaced . Assume 50% of siding to be replaced . Additional nailing shall secure the shingles to remain . Repair or replace miscellaneous wood trim . Replace door and framed opening into crawl space . Replace door and framed opening into crawl space . Paint all exposed wood shingle siding . QUA..t"\ITITY/COST APPROXIMATIONS : Replacement of Cedar Shingles 150 s.f. Misc . Wood Trim 50 1.f. Replace door and framing w/ lock Allow Scrape. repair and paint 300 s.f. @ $8 .00/s .f. ~ Sj. J0/1 .f . @ S2.50/s.f. S9 75 Sl55 S\50 S750 TOT AL EXTERIOR WALLS - SHINGLE SIDING S2,255 A n d r e w s & A n d e r s o n. P. C. • ' . .. I . 0 ~ • '· . ' . -.I • -.... ::· .. .:· .... • • I -.. -.. ... ., ·• ' ·''"+- ' • t ' • • • ' ' • TEAM QUALIFICATIONS • ' • ' • ' ' • • ' • • ' • I ' ' • \ • ' \ • I • 0 • • • • • ' ' ' ' ' ' ' ' ' ' ' ' ' ' I I • ,,-. .\ • ,. .. • - ... FIRM DESCRIPTION Andrews & Anderson, P.C. is a Golden, Colorado, based architectural firm, with its studio in the historic Temtorial Capitol Building. Founded in 1990, the firm offers a full range of architectural and historic preservation services Projects by the firm include new construction, programming, master planning, feasibility studies , histonc structures reports , renovation/remodeling, historic preservation, additions and adaptive re-use . Our clients are institutional , governmental , municipal , private developers , individuals and non-profit organizations A staff of eleven includes five architects , four technical staff, one intern and an office administrator . Colorado archnectural licenses are held by all five architects, in addition to other licenses : NC ARB and Wyoming . Andrews & Anderson excels in innovative design . guided by their skill in listening to the cl ient . Wbether in pre-design evaluation and programming, concept development, or design. issues are carefull y defined and design directions are crafted by a consensus-building process . The focus is to meet clients ' budgets and exceed the ir expectations while de ligh ting the user. Institutional Experience Each of our many public clients has required a creative approach to their projects . One client wanted to renovate a 1960s recreation center and gymnasium into a new , hi-tech library; another client wanted to evaluate the best location for a new nature center on a rugged , I 00-acre site bombarded with electromagnetic frequency waves , a third wanted to rehabilitate a badly deteriorated historic building to house a surging university department . In each case, we have assembled the team best qualified to meet the client's challenges . Together with the client. we unravel the important issues and explore the options. The process is designed to be both collaborative and fun . In all cases, we encourage wide panicipation-from the crew responsible for maintaining the building and site to the person wrth whom the project budget resides . The best design grows out of a participatory and balanced effort~e w-hich Andrews &:. Anderson organizes and leads . Budget Accountability From day one, we are conscious of the project budget. We regularly work with an outside cost estimator who not only tracks labor and material costs around the state on a daily basis. but also knows our firm 's demand and detailing for quality installations . In schematic design , we produce our first estimate-based on line item, unit costs . Andrews & Anderson never uses square footage esnmates because this method does not accurately represe nt th e character or cost of the pro;ect. Knowing that costs tend to rise through the design process, we typically build a I 0% design contingency in at the schematic level. This amount shrinks to zero as the design develops . When the project bids , only the owner's construction cootingency is still reflected in the budget . This method has proven very effective for controlling costs . A n d e w s & A D d e 5 0 D , P. C. -• ' ., .. I • 0 - • • • • • • ) ..... ... . .--. • • • .. ~ -..i . JI -· ,,._ . a DAVID C. ANDERSON, AIA Principal • • • • • • • • Architectural Licenses: Colorado Dave Anderson bas been involved in all aspects of design and project management . He has exten sive background in institutional, commercial , and restaurant design , as well as historic preservation . Mr . Anderson's background in the consauction industry has helped him develop a thorough understanding of the problems and pitfalls of the coostruction process. In an effort to maJtimize flexibility in the design process , he bas established a fully automated, computer-aided- design and drafting system within the Andrews &. Anderson Studio . , Projects in which he has served as either the principal-in-charge or the principal designer include the following : ) a I I ' ' • • • I • • DoMc and Sue Early Learning Center. University ofDcn,·er, Denver. CO • Library at Lakewood City Commons. Lakewood. CO • Golden Libra".'·/ Adap11,·c Re-use . Golden . CO • Ammons Hall Renovauon/Carecr Senice Center. Colorado State Uni,·crsity . Fort Collins • Southglen Branch Library . Arapahoe Lib~· District . Littleton. CO • Morrison To\\n Hall RellO\·ation. Morrison. CO • Tabor Opera House RellO\·auon. Lcad\ille. CO • Pine Valley Ranch Lodge Adaptive Re-use. Pine. CO • Lumber Baron Bed & Breakfast Reno\"ation. Denver . CO • Chicago & Northwestern Railroad Depot Renovation. Douglas. WY , Professional Experience ' i ) • Principal, Andrews&. Anderson , P.C., Golden , CO Project Architect, Semple Brown Roberts . P.C., Denver , CO Historic Architect, Historic Amencan Building Survey, National Park Service , Anchorage , Alaska Education 1992-1999 1984-1991 Summers/ 1983-1985 Master of Architecture , 1984, College of Design and Planning, University of Colorado at Denver Honors Thesis -Ambassador's Residence , Accra , Ghana Bachelor of Arts, Psychology, 1976 , Gustavus Adolphus College, St . Peter , MN Professional Affiliations, Awards, Community Activities National Trust for Historic Preservation, Member American Institute of Architects , Member Colorado Historical Society , Member Andrews A a d e r s o a , P. C. • I • 0 • • - • -· • ,. •,. .. • - ROBERT WARD Architectural License: None .. .I .. ... · .. ~ ~ Project Designer Rob Ward, combines his deep appreciatioo of historic architecture with an enthusiasm for exploring new architectural techniques and materials to produce informed and interesting solutioos to architectunl challenges . He has the ability to quickly grasp the many different issues that surface throughout the investigative, design. and construction processs . Projects in which he has served as a designer include the following : • Stone Cutters Row -Assessment. Dcn\'er . CO • Richards-Han Estate -Assessment. Dcn,·er . CO • Christ the King Cb:lpel Restor:iuon . Dcn\'er . CO • Wheeler Opera House-Assessment. Aspen. CO • E\'eren House Condominiums . Denver. CO • Ninth Street Historic Park Rehabilitation. Denver . CO • Historic Tivoli Brew~· Complex. Aur:iri:I Higher Education Center. Den,·er. CO • Sand Creek Lateral -HAER drawings. Denver. CO • Whiteman Air Force Base -HAER dr:i\\ings. Sedalia. ~O Professional Experience Project Designer, Andrews & Anderson , P .C ., Golden, CO Intern Architect, A/E Department, University of Texas , Austin, TX Education Master of Architecture, 1998, University of Texas, Austin , TX Bachelor of Music, 1986, Southern Methodist University, Dallas, TX Professional Affiliations, Awards, Community Activities American Institute of Architects, Member 1998-1999 19 97 First Place -The Charles E . Peterson Prize for Historical American Building Survey drawings, 1998 Andrews & A D d C r I O D , P. C. • • •.· -, .. I· 0 ~ • -.. .. • • • • .. .. .. • • " .. .. .. .. • .. .. • -.. .. .. • .. .. • • .. .. • • • • • • • .. ... • • ~ -· • .. • -.. JVA. INCORPORATED Coasultlq Structural Eaginffrs ., ... ~ JVA is a consulting engineering firm headquartered in Boulder, Colorado with a branch office in Fort Collios, Colorado. JVA has a 40 year history of structural engineering experience scning architects and owners on buildings throughout the Rocky Mountain area and nationwide. Our current staff size is 12 and all of our engineers are registered professional engineers with the State of Colorado. In addition, the principals are registered in over 24 states across the country. We are well versed in dealing with a variety of national building codes and we examine local conditions and construction costs when evaluating alternative building systems in other regions . Principals of JVA are actively involved in design and production of e3ch project. The three officers have over 58 years of combined experience with JV A. Our engineering staff aver3ges 10 yeus with the fum . JV A's clients know who they are dealing with and we will help you provide the personalized service your client demands. JV A will produce a very thorough set of construction documents and we can re s po nd quickly J.nd effectively to issues that arise during construction. We can expedite a set of sh op drawin gs . make a ·spur of the moment" sit e visit, devise a detail to suit the immediate conditions and suggest alterna tiv e solutions . We have an extensive background in institutional, municipal and gove rnmental projects. We 've completed significant work for the University of Colorado in Boulder and Denver, l'niversity of Northern Col orado, Color3do State University, Mesa College and Western State College . Al present we have a standing order contract for Boulder County. We have completed over a dozen municipal recreation centers, auditoriums and libraries. The government agencies we have worked for include the follov.ing : Housing and Urban Development U .S. Postal Senice Department of Energy National Park Senice Bureau of Reclamation Colorado State Our experience with technology and laboratory facilities is extensive . JVA bas provided structural services for NCAR, Ball Corporation, Hewlett Packud, NBI , and Jl,fDI. Construction 11,ill soon begin on the new MDI Sybase Headquarters at the CU Research Park. In addition, JV A bas a standing order contract for NOAA and the Department of Commerce . JVA has a strong background in preservation and renovation work on historic buildings. Our experience in investigations is complemented by the use of a "Borescope·. This fiber optics tool enables us to examine inaccessible spaces that previously would have required partial demolition to gain access for visual inspecti on . Since 1956, JVA has been proud of its involvement in K-12 educational facilities . With over several hundred schools to our credit, we are sensitive to keeping projects within budget and on schedule. JVA bas provided structural services for the follov.ing school districts : Jefferson County School District Adams Twelve Five Star Schools Poudre R -1 School District Gilpin County Schools Boulder Valley School District Denver Public Schools St. Vrain Valley Schools Montrose School District All of our engineers and drafters are experienced in drawing production using AUTOCAD. Over the last eight years, JVA has used its CAD capabilities to produce contract documents for over four hundred projects . We now operate six workstations on a regular basis . . , . -· . • I • 0 • • • • • • • • • • • • • • • • • .. • • • • Iii .. .. .. .. .. • a a • • .. • • Robttt B. Huanes, Praldmt Education Registration Proresslonal Organizations Publications Experience ~ --. • ' . ., • - BSCE, Civil Engineering University of Illinois, 1970 MSCE, Structural Engineering University of Illinois, 1973 .. .\ ! .. .. ' Professional Engineer • Colorado Arizona Idaho Michigan Texas Wyoming Maryland California Iowa American Concrete Institute International Conference of Building Offic ials Structural Engineers Association of Colo rado Associatio n of Foundati on Drilling Contractors Co-author of ·19s.; Structural Survey of Colorado Buildin g Departments and Snow Lo ad Design Data for Colorado" published by the Structural E:igineers Associarion of Colorado . Project Engineer or Engineer-of-Record for the following Facilities : Medesy Building Remodel at Mesa Stat e College Mes.a State College Leaming Resource Center Colorado Slate Unh-ersity Chemistry Addirion Aims College Classroom Building Taylo r Hall Renovation at Western Sta te College Old Main Chapel Theater Renovation . University of Colorado Fort Collins High School Meritt Hutton Jr. High School - Mon tbe llo Senior High School Wheat Ridge ~fiddle School Bo uld er H igh Auditorium Renovation Boulder Public Library Addirion Avon Municipal Building Avon Public Library Nederland Elementary School Elk Creek Elementary Schoo l Slc\·cns Elementary School Bo ulder High Science Addition Flagstaff City and County Lib rary Boulder County Justice Center Gilpin County Library Union Pacific Train Depot Redevelopment, Denver, Colorado Moffat Statio n Redevelopment , Dcn\·er, Colorado Golden Spike Trestle Stabilization, Promontory Point, Utah The Fairmont Hotel, Deadwood, South Dakota The Franklin Hotel Restoration, Deadwood, South Dakota Old Main Chapel Theater Renovation, Boulder, Colorado CB&Q Engine House and Museum , Deadwood, South Dakota Hornbek Homestead, Fossil Beds National Monument, Florissant, Colorado Van Vlcct Ranch Structural Stabilization, Boulder, Colorado Wheat Ridge Historic Park Stabilization, Wheat Ridge, Colorado Chautauqua Dining Hall Restoration, Boulder, Colorado '· . ., . ~ ', I • 0 32 ... ~ ' .. ' ' l ) ' ' ' ' ' .. .. .. .. --.. .. .. .. IJ Ill Iii IJ Ii II ~ \ • ' ' ~ ~ ~ \ \ \ .. ~ ,,--_, • ... ... • -.. .. Firm History Gordon, Gumeson and Associates. Inc . is in it's thirteenth year of providing both mechanical and electrical eng ineering services in Colorado and the mountain region . With a staff strength of fifty-three people. GGA can accommodate any project size and complexity . GGA is organized on the basis of internal design teams with mechanical and electrica l design and support staff surervised by a team leader with extensive experience in the design and construction process. Currently there are four project teams with staff members who work together on a long tenn basis. rather than be assigned on a proje ct by project basis . Our team structure allows lo ng tenn relati onship s to dev elop between our staff, owner. architectural clients, Other subc onsultants. and contracto r that facilitate partnering for a ser ies of related projects . Our staff demonstrate s a high degree of profe ssio nal is m. Th irty-tw o of the forty-fi\ e technical personnel are either reg istered profe ssional engineers or graduate engineer Our thirteen non-degree technical pe ople average ele\·en yea rs of experience in me chanical and electrical systems design . App ro ximately 70 7c of our total proj e t workload is directly related to educati onal fa cilities plann ing and design . Gordon . Gumeson and Assoc iat es . Inc. has provi ded me chanical and electrical plaMing. design. and construction phase engineering services fo r nume rous projects . Specific design services that we provide on projects include : • Heating , vent ilating and air condit io ning • Plumbing • Fire protection • Power system and distrib uti on • Lighting • Fire alarm • Communi cat ion and data handling system In addition. we can pro vide special expertise in the following area s : • Master plann ing • Sustainable build ing des ign • Energ y studies and evaluat io ns • Life cycle cost anal ysis • Building system commissioning ~ Gordon, G1111non and Associates, Inc. . ., ~ • I I • 0 • • • • --• • • • • • .. .. .. .. .. .. .. .. .. .. .. -.. .. .. ' -.. .. • IIJ II • II " • IIJ ' '-II) ' .. .. IIJ • .. ~ -• l• ~ •• • -.. Firm Fact Sheet BUSINESS TYPE : Mechanical and Electrical Consulting Engineers DATE STARTED : 1985 SJ.AIUS : Corporation, Small Business Enterprise EMPLOYEES : REGISTERED ENGINEERS GRADUATE ENGINEERS DESIGNERS DRAFTERS ADMINISTRA TIVE!CLERlCAL TOTALS CAD SYSTEMS · I MECH 9 10 6 2 27 ELEC 8 5 3 2 I 18 I AD.MIN 8 8 I -Pentium-120 MHz. 486-66 MHz ,I ... TOTAL 17 15 9 4 8 53 I CAD Stations (twent y-seven ) CAD Software Netw ork/Server -AUTOCAD Release 12 & 13 . CADVA'.\iCE 4 .0 Plotters Modem E-Mail COMPUTER SOFTWARE · Spreadsheet Word Processing Lighting Simulation HV AC Loads Calculation -NOVELL 386 NETIV ARE Ver s. 3 .12 /P em ium 100 '.\-!H z -2 -HP DesignJet Plotters -C4 Network . 28 .8 KB -cc:Mail (w/direct co en gine ers ) Quattro Pro 6 .01 WordPerfect 6 .1 -Lumen Series Elite Software Energ y Simulation -Trane Trace , Beacon, PCCube Power Distribut ion Calculation -"A" FAULT , CAPTOR INSURANCE COVERAGE · Errors and Omissions General Liability 51 ,000.000 $2 ,000 ,000 ~ Gordon , Gumeson and Associates, Inc . ' . .. .. ., I . 0 J • • ' ' ' \ ' ' ' ' II II II II \ ' \ ' • .. ,, -·· .I • J ' ·,' .. . . . • - ... N. Clayton Hart, C.1.P.E. Project Manager Clayton is an Associate at Gordon, Gumeson and Associates and has over seventeen years of experience in consulting engineering and project management . As project manager, Clayton will coordinate communication within GGA and with other members of the Design Team . He will provide project direction for design engineers . oversee the design process through construction , and will provide administrative duties for the project regarding communications, billings , and contractor liaison . Project Experience: Lowell Thomas Law Building Evaluation University of Denver Denver. Colorado Porter Hall Remodel Uni versity of Denver Denver , Colorado Frontier Hall Remodel University of Denver Denver, Colorado Integrated Teaching & Learning Laboratory Build ing (ITLL) University of Colorado Boulder , Colorado Mears Residence Complex Remodel Western State College Gunnison. Colorado Education and Professional Afnliations: Proj ect Manage r Project \1a nager Project Manager Pr oj e t Manager Project Manager Process Piping Ce!'lification , Denver lnstirute of Technology, Denver, Colo rado , 1977 Certification : Certified in Plumbing Engineer ing (CIPE) ~!ember , American Society of Plumbing Engineers (ASPE) Member , National Fire Protection Association (NFPA) ~!ember , International Association of Plumbing and Mechanical Officials (IAPMO) @ Gordon, Gumeson and Associates, Inc • • ~~ -... ~----- ., .. .. I • 0 • • • • I • • I I I • I • • • • I • • • -• • -• • -I ~ ._ ~ ~ -• • • ' ' " -~ -' " -• ' . .. • • •• • .\ . . ... ASSOCIATED CONSTRUCTION CONSULTANTS, INC . 1451 FLORENCE STREET . SUITE 2 · AURORA. COLORADO 800i0 t303J 366-2114 · Fox (303) 366-4Wl l'i:amt & Title : RJ:hard M. Green, President Projttt Assigomeat: Proj ect ~fanagcr & ?rinc1p al Cost Estimat cr Name ofFi,-m : Associated Construction Coasultaat.s, Inc. (ACC) \' e:ir ur [.,~rience: 39 Y c:irs Education: BSf l 9.; l 'Elcctric1l Es:irnati.,g BS/ 196 I 'Business M..r.agemcnt Active Registratio:i : Ame rican Sccicty of Pro fessio.1ai =~:.ir:iat::>rs Comttuction ~p~cific:::ion~ lns:irut~ Scc iety oi Americ:in V:ilue Er,gin~~ American Associ ation oiCost En ginee."> Other Relevant Experieuce and Qualilic:itioos: .'\ssoc:atetl Co nstr.ic:,on Cons~ltants is the o idcst. illdcpcr.der.t . fu ll se!"1cc c:;t;;;-.ating :vrr. .n Colorado . It is certified to estimate all areas of cons:ruct:or.. Cini. Archi:ect.1tal. Struct.nl . ~lechamcal L"'ld Electrica l. ACC WI$ built on the premise that esu:nators should r.ot cc lhei: work a,er the fac t. Tbis holds tn:e begir.r.i..i.g with the assistance g1ve:i the desip teim a.s t"!e first few sketches of a project are ~d~. Since any building is the sum of its components. ACC 1T.akes a !is; .,fthe c,puor.5 :ivailab!c to the desigr. :ear:1 . From this list the design team ca!'l pick a::d choose those op tions which meet the desJ!!Il obJeetives a::d e:iab le thmi to H:iy u1thin the bi;cget . Signifi cant dc~ig:, man-po wer ,;an be saved becai.se litt le time 1! w asted on it.:rr.s that u1ll not fit in tl1e bud~t. Mr. ~c:l has accumv.latod his lcr.owledgc from !tis experience of three to e:ght (3 to 3) projects a w~k to over 200 proJ~ts a year . The better so lu t•cns tc design problems a:c retained fo~ future u;c on e ther projects . Architects . Eng in~rs and Qw:lers 'ocniefit from this pmrjsc becau.sc the cost of material and labor can t,e dc ter.n im:d before the receipt o f the bid$. Therefore. the bids can be more accuratel y predicted and e·raluated . Omissions and =:rcrs aiso become rcadil :,· ai:i:armt. ACC :s one of t.'1e few construct ion e::.t i."T!atmg se::-vices which ac:i vcly bids work for cont:'actors and subccmtnctors in all a:cas oiwork. We al!'O work close ly with banks and lending ir.sut..itions to app rov~ projec: costs af.er the bids are received . We also work with c,1m;:rs and ccntractors to re so lve ch ;;nb ~ order d,s putes . E Certified Construction Estimators Ar.-en<:Ot" SOC ,e!\, O' P-?!.._,oeret E...,..C"CI\ A:ni..1ccri A.5,cx:atto-, o : Cos-: er~ I • 0 • ' A .I } I I ' • a I I I • • ' ' I I I I ' ' ' I • I • I ~ • I • • • • ~ ' ' .\ • .. • • ASSOCIATED CONSTRUCTION CONSULTANTS, INC. 1451 FLORENCE STREET. SUITE 2 · AURORA. COLORADO 80010 (303) 366-2114 · Fax (303) 366-4201 General Qualifications Associated Construction Consultants, Inc . are Certified Construction Estimators . Our qualifications are: ACC has been estimating in Denver for over 31 years . We bid work for contractors and sub-contractors. We do all 16 CSI divisions in-house . We average over 200 projects a year with a construct ion cost of o,·er 200 mill io n do ll ars . We have estimated over 3,500 projects for a total construct ion cost of o ,·er 6 (s ix) bil li on dollars . Our most sought after service is in the conceptual st ag e of design . \Ve can give the designers costs of their different schemes as fast as they can create them . These costs are usually within 15% of the actual construction costs at the time of bid. 85% of our business is from previous clients including architects , owners, engineers , developers and government agencies . We usually prepare a cost estimate for less than one-half the cost of an in-house architects' or engineers' estimate and are always more accurate . 93 % of the projects that have bid are less than our estimated cost. 82 % of the projects we estimate, including the 1/3 that are conceptual estimates, have bid within 5% of our estimated cost. All of our estimates are based on the average bid, not the low bid . We have made suggestions to the designers which ha ve saved the o,rners nearly 70 million dollars in construction costs over the last seven years . E Certified Construction Estimators Amenc:ai 5ocetv OI Plofea,onQI Esnmc!crs Amenc:cn AlsOCiatlon ot Coif Eng"-S ., ', I • 0 ' . ,, -.\ • . , . -.. -" .... ', • .. '• •• ' ' -• • ~~-' " -' • • • • • • AFP RESPONSES • • • • • • • • • • • • • • ' ' • ' .. • • \ • • ' I • ' • 0 • ' ' ' ' ' • 2xl - ,, ,\ • .. • ', - ... • ~ ~ DESIGN TEAM QUALIFICATIONS Dave Alldenoa will be the Principal-in-Clwge/Project Manager for the project. A3 such, he will provide the main point of c:omact betwem the City ofEiiglewood and the Design Team . Dave mys very involved throughout the process - participating heavily in the early investigatiClll of the building through final editing of the report , Robert Ward u Project Designer . Rob and Dave have worked togelher on many of the firm 's major historic projects • iacluding Stane Cuuers Row, Christ the King Chape~ Auraria Niadl Street Historic Park and Tivoli Student Center . Rob is a particularly talented designer who clients and CClllSUltants describe u ftm w work with . Rob ·s role will mclude coordination of the in-house project team and conunWlication with the engineering consultants . JV . .\. lac. will be the structural engineer for the project . The firm has worked with Andrews & Anderson , PC on numerous projects . NA, Inc. has a 43 )'ear history of structural engineering experience serving architects and owners on buildings throughout the Rocky Mountain area and nationwide . With a staff size of 28 , the principals are actively involved III design and production of each project . Gordoa, Gu-.oa aad Auociates. lac. will be the mechanical and electrical engineer for the project. The finn has been providing engineering services for fifteen )'afS in Colorado and the mountain region and has worked with Andrews & Anderson, PC Clll numerous projects . With a staff of fifty~ree people, GGA can accommodate any project size and complexity . Claytm Hart, Project Manager, will provide project direction for his finn on this proJect . Associated CClllltnlctioa C.....,•,, lac. will be the Cost Estimator for the project . Richard Green , Principal, uses a large network of cmtncton and sub-ccntrac:tors to ccmtantly update his database and to stay on top of changing systems and costs , Andrews a A D d C r S O D, P. C. ., .. , I . ' . I· 0 X ,, -• .. ;-,. -,. -~ .. • .. ·-... • -.. ' ' ' ' -WORK LOAD AND SCHEDULE: ' ' ' PROJECT OWNER ESTIMATED ' CONSTR. COST ' Donne and Sue Fisher Early Univmity of Denver $2.600,000 ' Leanlin& Cemer • ' Lakn'OOd Town Cemcr Library Jefferson County Library SS.100.000 ' Llnlelon Mllllicipal Counbouse • City of Littleton $2 .800.000 • • Centennial Hall • City of Steamboat $3 .000.000 ' E\-ergrccn Church of Christ Sci . Evergreen Church of C.S . $700 .000 • E ven:tt House Castle Lion Dc\·elopment Sl.500.000 ~ \ Christ the King Chapel Rehab . • St. Anthony's Foundation $1 70.000 ~ • lndicaics a bisroric pracrvation component ~ Please note : Our time and staffing on projects ~pically drops off after the delivery of 100% CDs ~ ~ ~ ' ~ ~ ' \ ' • ' ~ ,) ~ ' • ' ' \ ~ ~ ' Andrews A D d e r I O D, ~ ' ' .\ .. .. ... ~~ ~ STATUS Bidding Bidding Under Construction 100°1,, CDs due 11 /99 Schemauc Design Construction Admin Li nder Construcuon P. C. '· ' .. .. .,. ~ .. I ' • I . 0 32X .J- a ' ' ' ' • • • ----' ~ ~ ' ' ' \ I • ' ' I ' • ' ~ ~ • ' • I! t a: " • ~ ~ ~ ~ ' .. ' '"''!.1 ... , ' ' ... .. ' '~ .. • • •• .. RELEVANT EXPERIENCE/REFERENCES P1-also see the aaac:hed description of related projects . Related Projects References: Ms . Patricia McNally Project Manager Depanmmt of Facilities Maaapmmt University of Colorado at Boulder Stadium 22S, Box S3 Boulder, Colorado 80309 303 .492 .2918 Mr . James Woods Deputy City Manager City of Littl«oo 22SS West 8eny Avenue Littl«oo, CO 80165 303 .79S .3720 Mr. Charles Hudson Director Department of Design & Consuuction Jeff'ersan County Open Space 700 Jefferson County Parkway Golden, Colorado 80401 303 .27 l.592S Mr . Mark Rodgers University Architect University of Denver 2400 South Race Street Denver, CO 80208 303 .871.4779 Andrews • Project: Hazel Gates Woodruff Cottage for Womm 's Studies Rehabiliratioo NMR Lab Remodel Project : Littl«oo Municipal Counhouse Rehabilitation and E:ttenor Restoration Project : Pine Valley Ranch Lodge Master Plan & Rehabilitation Lookout Mountain Nature Center Project : Donne and Sue Fisher Early Leaming Center New Construction and Preservation & A D d e r I O D , P. C. .\ .. .. ~ .:'~ " ·I '"-· . - ) I . 0 32X lo- • • • • • • • • • • • • • • • • • • • • • • • • .. • • • ~ .. .. • .. • I ~ .. • .. .. -.. .. .. • ,, .,- • • - ADDmONAL INFORMATION Computer Technology ... . ' ' .. ,\ .. ~ ~ Andrews & Anderson is a twly automated studio, integrating state-of-the-art tedmology into all aspects of the design process. 1be studio utilizes Auto CAD Release 14a, running on Imel-based Pentium D processors, for computer-aided- design-and~ tasks . Microsoft Office 97 is the standard throughout the office for word processing, spread sheets, presmlations and databases . Electronic tile sharing outside of the local network is handled through the internet whenever possible . Andrews & Anderson is insured by Continental Casualty Company for Professional Liability insurance, coverage is $1,000,000 for each claim; Cimeral Liability insurance is supplied by St. Paul Insurance Co ., coverage is $2,000 ,000 for each claim. MBE/WBE Participation Andrews & Anderson , P.C . is a state-registered, (Colorado) WBE firm . As such , an y project in which we are employed will meet the WBE participation requiremmts. As lead architects , our work will represent upwards of 50% of the design ) caabacl . Andrews A n d e r s o n , P. C. ' . ,, I . 0 32X J • • • • • • • • • • • • • • • , , , , • , t ' , • • • ' , ' J ' ' ' ' • • J , ' ' ' l ' .. ~ ..--- • '·,, ·, • - Awards which have recognized the firm's design accomplishments • Natioaal Trust for Historic Preservation Great American Home Awards, Bed and Breakfast The Lumber Baron Inn, Denver, Colorado Great American Home Awards , Exterior Rehabilitatico Lynch Residmce, Sykesville, Maryland Stephen H. Hart Award from the Colorado Historical Society Territorial Capitol Building, Golden , Colorado Morrisoo Town Hall, Morrison , Colorado Carpenter Ranch , Hayden , Colorado Honorary Merit Award, Historic Denver The Lumber Baron Inn , Denver, Colorado Preservation Award, Historic Boulder Hazel Gates Woodruff Cottage for Women 's Studies , Boulder, Colorado Commissionen Award of [scellence Jefferson County Commissioners Lookout Mountain Nature Center , Golden, Colorado Fint Place, Outstandins Entertainment/Hospitality Honorable Mention, Outstandin1 Public Project The Daily Journal Lookout Mountain Nature Center, Golden , Colorado Paul E. Buchanan Award Vernacular Architecture Forum Cresson Mine , Ore Sorting House Recordation Andrews A D d e r S O D, .\ •, P. C. ' .. ~ .·~ · i I .. f,·.-· . ., .. .. .. . 1 I· C, • I • I I I • • ' • • I ' • ' t , t , • • • • , • , , , • • • , • , I I , , • , ~ • • , • • Historic Preservation Award Golden Landmarks ··-·, ... ~ .... Territorial Capitol Building, Golden, Colorado Citation for Excelleace, Wood Incorporated Anderson Residence, Golclm, Colorado .. • • •• .. .. A D cl r C W I .t A D cl C r S O D , P. C. . \ .. . ,. ' .. '• ... ,, ) I . 0 - • • ) , • ) • ) J t • • , J , ) t t ' • , • , • t t • t t • • • t • , • • • • • ... • --· .I • t·~ .,,• ... .. • -.. .. ., Projects on the National Register of Historic Places and other Significant Historic Structures Beaumont HOICI Ouray. Colorado Elitch Gardens Carousel, Theater, Office Denver, Colorado Ti,·oli Student Union Dennr, Colorado Chicago & Nonhwestem Railroad Depot Douglas. Wyoming Colorado & Southern Railway Depot Colorado State Universitv Fon Collins. Colorado · Ammons Hall Colorado Slate Univenitv Fon Collins. Colorado · South Dakota Human Services Center Y anklon. South Dakola Denver Woman's Press Club Denver , Colorado Astor House Museum Golden. Colorado Cross On:harm Living History Museum Grand Junction. Colorado Cresson Ore Soning Building/Museum Victor. Colorado Historic Farms. Canals and Wagon Roads Denver International Airpon Site Territorial Capitol and Coon Buildings Golden. Colorado Town Hall/Heritage Center Union Bridge. Mal)·land John Mouat Mansion/Lumber Baron Denver. Colorado D. V. Edmundson House Aspen. Colorado Manitou Springs Design Guidclincs Manitou Springs. Colorado Stuck Creek Tie Hack Dam Andrews & Red Feather Ranger District Woods Landing. W~·oming Carpenter Ranch • The Nature Consetvaney Ha~·dcn. Colorado Kennicott Copper Mill Kennicott. Alaska Occupational TheraP.'" Building Colorado Slate linl\ersi1'· Fon Collins . Colorado · Yuma Public Librarv Yuma. Colorado · Hazel G-.ites Woodruff Conage for Women's Studies . Cruversi1'· of Colorado Boulde r. Colorado · Pinc Valley lunch Lodge PUie . Colorado Tabor Opera House Lcad\11Je . Colorado lm-entory of Hisloric Buildings Dtllinglwn. Alaska Wlunier '.'llcighborhood Design Guidelines Boulder . Colorado Wagon Bed Springs Nauonal Historic Landmark Ul~-sses. K.msas Morrison Town Hall Morrison. Colorado lm·cntory and Significance Assessment of Historic Buildings Aspen. Colorado Dinosaur Ridge Visitor Center Morrison. Colorado Homestake Opera House Lc:id. South Dakota East High School Dcm·er. Colorado Ni.nth Street Historic !':ark -Auraria Higher Educ:nion Center Denver. Colorado A D d C r S O n, P. C. _: 5G .... »WR .411#.-lC .. •4 ' . ., . ' I • 0 3 Paia1 Allamls B•nLfu.a Code A11a1vsis IA..-bilitv C......,liancc Analvsis ,, -• ~ • ... •• Skenitt Bouse Historic: Struc:tun Assessment Englewood, Colorado Houn 2 3 2 ~ Hot1rh' Race s 80 00 s 8000 s 80 00 Total s 160 .00 s 240 .00 s 160.00 c-,,;1-_,,;_i information from all -for tbefinalmxxt Tocal ror 1ddlt1oaal .em- DCA=Dave Anderson WV z Wendy Vaughan RW z Rob Ward AEzAndyEmu Mdiliaul,..icaf• I0.2,.99.10121/1 999.12.31 r..t • 4 s 8000 s 32 0 .00 s 880.00 ACC = Associated Construenon Consult. NA=NA, Inc . GGA=Gordon Gumcson Associates • .I .. ' . R X ... I • I T B . ' . I • 0 . ] -----:--------~~------~--.--~----------------------- • • • • •• CITY OF ENGLEWOOD 3400 South Elati Street Englewood, CO 80110 (303) 762-2500 FAX (303) 789-1125 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES SKERRITT HOUSE HISTORIC STRUCTURE ASSESSME:'o/T .I .. ... The City of Englewood ('·the City'') is requesting proposals for an historic structure assessment of the Skerritt House. 3560 South Bannock Street. Englewood. Colorado. which the City purchased earlier this year. The City intends to apply to the Colorado State Historic Society for funding for this assessment . Depending on the results of the assessment. the City may pursue rehabilitation of the Skerritt House . Although not fully determined, the future uses of the Skerritt House may include one or more of the following : historical museum or photo-gallery. event space. visitors· center. or municipal or quasi-public office . The City \\-ill receive sealed proposals for supplying "PROFESSIONAL ARCHITECTliRAL SERVICES/ SKERRITT HOUSE HISTORIC STRUCTURE ASSESSMENT" no later than 5 :00 P.M . MDT , September JO , 1999. Proposals will be received at the City of Englewood. City Manager's Office. 3400 S. Elati Street, Second Floor, Englewood, Colorado 80110 . Proposals will not be opened and read aloud at the above time and place . Interested parties are invited to attend to receive a list of firms submitting proposals . Proposals will be evaluated based on the Consultant Selection Process as detailed in the Request for Proposals. GENERAL CONDITIONS : Proposing Firms must submit three (3) copies of the proposal for evaluation purposes . Inspection of the Skerritt House may be made by appointment by contacting Michael Flaherty, Assistant City Manager, at (303) 762-2431. Should a Proposing Firm find discrepancies in omission from the proposal specifications/general conditions, or be in doubt as to their meaning , the Firm shall notify the City for clarification. If the point in question is not fully set forth , a written amendment will be mailed to all persons obtaining specifications . ' .. • J( M I • I T C . ' ) I· 0 .]- • • • • • • . ••• .. EXB8DIT# 1 .I .. ' .. ... SKERRITT HOUSE IDSTORICAL INFORMATION ,. '•' I ,_ .. . \ '\ ' .. • I ' . '. .. ., . ' I . • 32X • • I '- .. ,. ., • .. ,. • . ( -' .. 0 _,..., rr~.-=~~4--... •• ;. · . - Thomns J . Slwrrill, the first pcrmorw11I H'sid1•11t oflho• En1:l,•11•1111d 11n•11 , fil,•11011 n hornesteml south of l.illle Ory CrePl1 in 181H . A one timl! 111• ow111,il mosl uf 1111' 11111,I wl11d1 111•1·111111• l ·:111:l1•11•1111d J111111 IJ11irll'\' 111 Y11I,• 111111 front lhe r11ilro111f to Clorl1son . llis 1111111 , ".Shmlysitfe" still st11111ls 111 :t~fill S . fl1111111wl1 .-C"1111rlcs .,•, l>1•11v1•r 1'11lrli1· l.ilrr111·y, Weslcrn llislory Collection . G NC, t.E-u.>O O (:) {:.-.ll'>l.l:.wooO ______ .. _ c.01.,otl.AOO l'103· 1°17£, pu~'-,c. 1...,f\~lly 0 • • I , ! 142 • • • - .. . _: ~~---~~:::.~ .... ·--:-~.,~~'- ::: ,:, ::: ,:, ::: ,:, ::: ., ,l, ::: ,:, ::: ,:, ::: ~ ,:, T"-..a hou.11 :-,e::i.cde ied. ::ia.c.y ti=H snci C.oW'Q u t:.e Ske~tt Ho1.:.1e ,cll 1tand.a st~~ 5 . 3&:.::loc:k. 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T".:.:.s ~::.~{~:,;;~~-7~:~ ~:~~~~:;~~--==::~:~( I 5''""'" "==-• u ., .. ; :s,;,:. :;.;.;.JH_;:~ s.;;;:~;?L~.: e, · , .. ,_;:_,.; CC~? •: afr ·' .A.s ·..:.~ co c.:::::i.1-.::.!r-: JUC~eci :.:i :.::e :9CCa mot"'! !8.C.!lies of ~~!.i?:' ~!:omic !"e:SQure~s bwlt '.lJ:OC. the !a.c.ci. 1::.~:: 1C""'.:.c:-;-~"""!!, •hile larg-: .u:d ':nillc.,-':, n.:e :t= ±e::-smallor ccu::e?'r=ar..3 . s ell d.:s~ia yeC. :.he subt.: ... ~an ai=;ie ch.s.~~..e!"' ,:,n 1 arr-:-,ale. Befcl"'! :he :!me.'7'!!:C! )i :=e :-sj,L-,aci md ill the ruCaql.!e!:t c-oc.aec;t.:e::ce1 . ;i icc~-, Je~.!ed in acd around De:iv~ :.:i c-.!ltiv at.e ~ scil. Ma.cy othe.--s iirel"'! ioid ttt~e!"S ent:ced by :he tSE-3 ra id m'.l<e :%1 Lt".!e !)r:, c~i<. Color3CO ~~n· SU.T-ci v.~ :::.e-. ;io cec"S ..;:.~ <ft- ac:.., ~( :sr.::i'"'i, 10 i<!. or=~:: o~e !u~C.ve 'f'!.:lt'..;...~!i. Tee 5~~-;: Jo iC ;:31'";~!3 Jf :J.! :.ii:ci :.o ::ew i.c.:=;~~!.3 :I!. ±cse :!ar ::,· ily!. HcceSU36 we..'""! :nociest 1I:.ci .==..:er.s '17t!.."""! Jac:.rf.eci :Jl C"..:.ltivat:=.g 1 c-:p ~o r :.=.e!.:' :.~C..S ttci :.:.coce t=...,-:,l:gh salu of~~• := De~.::e.:'. F.oce!te~d !ar:::::..ocses we..~ ~d: :.., ~oc.se :.:.e ~ar.±e, ar.d ±e!.r couc-..:c~on s:cd Jty~ ='!!~ec:.tci tl:e ~c::.C:-/ :i!e : Ji.=~~e ~cr:e!t .!.!:~ ;!a:::. . A :ew ex.:u::;:les .J I ::,-;,es Jf lr"'"..:.::.ec..:...~ := E=i:~'2,,·ood lr? :i otcC ~e!"'?. J cae ;::. CJi::=.5 ae~..leC:::. ::n~ie -,.,cOC -= ::se u .i::. =-=.;~~: SI:.C '::-0l:g~.: .1 ;1..-:e:: ~c: ... £:C ·:~: .1 :':01.:Se ~~:,~~~~!f.0 ~;c:: t,~~~ ;:~1ir~~~! T.-:c =:?s ~~e~.:: :~:: !.:".~ :;:e .;.: . ..:a:.=~ ~a=.:::: :.s~ :.~~ :=..:: :..·~ '::=e:! 1: ::.e =~?C· :t~-~f~~:~~~ .. i~:;:t:;;~~:~;--;~: ~~~~- . .1-~· .. ,f :;,~ ..1;.1 -l --.s ;·:· ~ -:i.-·----.-.,.-·~. :.::r.. ';.-:.~ :a ·,-:. =:-: .. ~ :-.:·_,;~ .3 :2:::r..1.'.': CJ~==;~;/· .l:l .1 :..__,;.:;-.; =~.:.:...=.; ...=. ::.:....;.~";l,'"'•..iC T ::e :~:.~;:i: 3;_: --: t.:: ::-. .!::!.::..?: Ji ::.~ .~=·~·~ ;:~! ~~~:.3 :.:c.:·: ~=i.: :t...-~:!...:?o· :-:::..!;'"~ ::· .. :.e !:..:~-:!...--! ·.::~ =,:s : .::=.=c:-. -:-:.::"'! .!..~ J :·:"l,· . ..1..-;~: ::::..:i :,.·: s ....... , __ ... --~ l-1 3 I • 0 - • • .. fadng page: I•• ,,_._,,..._ Residence at 3S60 South Sc:r.nock • • •• .. The most far.ious a:-.d hi!tori c al t-,,;o s:ory f:ar.ie ga'::le-:: st:ucture in Englewood is the Thor.~s Ske:::tt resider.ce a: 3560 South Bannock. ,\ .. Arriving in Colorado territory in t~e early su~.r.:er of le59, the Skerritts briefly lived and worked in a mounta:n outpost. Indians and the perils of mountain life surree~ed in driving the Skerritts to return to Denver on a nur.iber of occasions. "It went against their (Ske:ritts) grain to wit- ness the constantly shifting population, drunken miners, and gambling 'hell hole' ."4 Finally, in the fall of the sar.1e 52 GAR1.. 'i 0UMEHl c ~ ~, ~£cT"\J~E' By: Joi,+~ Coe! kY J~ . ...... ., .. .. . ' I • 0 i •: ,.r ;1 [ 1- {. ] ! ,!; ,. 1)1 :f :I- 1;. • , ... ·~ ...... .. • • •• ' .\ •. year of 1859, the Skerritts decided to sett~e per::ianently on the prairie, certainly not in Denver proper. Tom Ske::ritt and his family settled on a land clai~ in what is now called Petersburi• Successfully cultivating the soil and raising domestic animals, the Ske::ritts were satisfied with their soatl log cabin and hor:1este11d. Un:o::::..r.a:el:;. na:·.ir e d:.dr.' t coope::a:e w:.th EngLe·~·ocd's fi:s: far::.l:,. co:c i:ado's 6:ea: S~e:::ict and a friend c:ossed t~e Sc~:~ ?:a::e a:.~e: tJ i::- qui::e the proceedings o: soc.e =e:: on t~e :::.cfe t o c~e eas:. Oe:we: City irriga:ion d:.:c:i. T:ie .a~.d ::H: t~e c:.:c":-, -.:as ade~ua:e for S~er::c:'s pur~cses s o ::e a~a~:: ce ::.:ec t o re- se:cle. Selling h:.s r:.?e: lane£,: 32 .5 0/a ~:e to ?e:e: Ma;nus (for who m Pe:e:s~u:g is na=e~' he =ev e~ h:.s ca~::: a::c fa~ily to the i r ne~ hocestea~. Fi l :::; a cla:: in t~e te:::.- toria l capital of Colorado, Go ld e::. fo:: a pa:c e. o: one r.un- d:ed s:xcy-t-.:o a c res (162 ), in present Eng l e~o od. S~er:::t reestablished his far:ii ly and far~h ous e. Hou.estead records filed in Golden and presently scored in the Nati ona l Archives i n Washington, D.~. indi c ate t ~at Pe:e: Nagnus verified on a certificate of location that Ton Skerr~tt had resided on the said 162 a c res since July 5, 1B64. Subseque~t research • ' ., .. 0 ) I • 0 I - • • • • --• r•.. ~· •,, .. .. .. • -.. ... " indicates that the certificate of location records the same 16 x 30 log cabin he moved from Petersburg and that her.ad cultivated approximately 40 acres. The land Skerr:tt ho~e- .\ .. steaded laid in the SE'4 of the S~'4 of Section 34, T 4S R 6:~ and lot #2 and the W'2 of lot #1 of the N1-'4 of Section 3, T 55 and R 6eW. The land pa:ent was finally set ar.d granted tJ the Skerritts on Dece~ber 15, 13~0. din~ area ~:th a lar~e or :~ar d (:i e:-:c e t~e :-:a:::e Or::i ar: ?~a c e '. sa~"T:lills, the modern cJi.::-::r:: res:de:-.ce gra c ed t:ie treed s c r- rcundings a~utc:r.g Dry Cree~. Toda y 's re!:der.c e a: 35 6 0 Soi.::h The ea=lier s:::.;;l e c-.:o s:Jr:, hc:::e -as re c :a:-.~-:;:ar 1,.-:::1 s:a:::es have been constr~cced to t~e sout:1 an: t :i e -est. The s~b-struc t ure of t he res:dence -as fra:::ed in t~e balloon me:hod , popclar:zed in Chic ago in t he m:d-ninetee:-:th cent~ry . The balloon fra mi ng met hod of cor.s:ru c tion var:es from today's -estern platform framing by the de~ree of s u pport and len~th of t he ver:i c al stud. Western p l atform fra mln ~ allo-s the hor i zontal joist st ud to rest in the cut vert!•a l studs. Balloon fram:ng used in the S~erritt's home, uti l izes 54 ,, ,. .. .,, .. \. I • 0 ·O - :~· • l • .f1· ,, 4: .}; • ... .\ • .. ., .. • ••• .. .... ., a full vertical stud fro~ foundation to eave and t~e horizon· tal joist ties into t:ie stud. The original eastern entrance was si:npl:, t=i=ed and cot'.· structed with a t=ansom. Public living spaces (dining and lving Toom),branc~ed from t~is entrance, were moderate in s::e. The farmhouse was built to appr,x:~.ate d::::ens:ons of 24 fee:: by 30 fee::. Simpte recta::g·.i lar windows ( l ater tr:.::-.::-.ed wit:i ex?osure lap and s :.ea:::.ec t'::e hcr..e. Ea·:e a::c c:r:::.-:e ::-::.::-. i.s sr..all w:.dth and pla:.:., i.::cluc:.:-.f a boxed , s :op:.::~ s:f:i:, ) duties, hence, t:ie lack cf a:-.y a?p-:e c :a:::e c~:a:.:::~. Cr.e exc eption is t :i e co::cou-:ed c lap~c a-:d on t~e uppe -: fa c ace that ,.;as read:ly s.:;.d by l u:::!:e-::::e r. i:-. De:-:,e-:. ~•a:-.:: De::ve-: res:dences of t:i i s perioc disp lay t :.e sa:::e j ii or band-sa~ec s i d i ng • I • 0 55 32 • .. . • • \.,. . • Jj • • 0 Anni s All.\P.\HOE B0L1.DE« ·1· • ~ ,,-. • • -.. SUBURBS .\ ,. ' ' " DOLGL\.5 J EffD .. '-0' *® :ht Englewood invests in its past .!ley ·•ou1d !ike suults m sour.b. :.is .... ct,t Oll :s .... !la .is. , '*Ith :.brN .,. :ll•~••:lle J~.meat eom· I Council OKs ~ kerrin House :.s ar.er ic offi· , L.ile co mp1u.' t'i;:9!..,..,IIIIIIIW===::~- -:e ')(her st::!!.·· ~ ::o t sa1d :, s 1 11 JC et ',US '.ulleci • ~ !i&.'lt J.C Q ,ii!l.t 1t C.lllyon :-:~·--·:!' .,,1 1:1rges ? :lltd 1lto.=es· .\dlr..s CJw:t·, ·bt'l J d.e?ut:,-·s . ~:1tes .1o stJl§t Jeid .n li eu 'lf •,is :e1ease ~:o m ::e:,, , c<J unu of ~o ld- ~mpte<:i f'lrs;-.~e- t..Jer.~ wauJt !SC3 pt, ".b ?'!- -:ew c:ar;n ,1Qd .s sc!:.e'.iulea !o r . -.:· ... d ptist post •:,·er .ic.c.ou=c!'d ;rest C:e::t of :.te : llf :.ie 3.S md- ! l~ IS conf:Ce::t .. n cl!:dioates Jt 7!,1 . •i :.lie Re\' Re:rr Jf~,r l.ls con\·:C- dl1.r.c u :r.ilhon ,usu:rss ·•1th. l.l:t Gii ud 3 .t p· : .s t!:l e druc. Jf ~e1d of :ht je- : j!JC!t :eli 1tous sla~ing .nCUc :ed ~v !ht :.1m .slloou.,c ~d J~ .Adic*I - • ~~s1Sta .. w i..- E~lG~£';\'QO O -~' e:!y co~c:l bas :e,·ot~ :!:e Jan ::u r :.:> ~c:g its ~,:or..!c :ut'J :e 9u: :tus 4'tt:L ,t pre~er·:ed 1 s11::1!ic:.H:: ;,tl!C! >f :he ?.St . 1n 1 JnJl".:~ous ·:ote . ::e :ow:c:l u~ C:dee :o )ur::Jse :?le 3i<er:::t ::iouse . J tWO·itor:: '.Jr:::-.ouse :w1: .n :S6.\ ;y ;u- OCl!'I!!" T'aor.::u Site r.-:~. U'! :r..s:i .JI'.IIU • in:: •no Je,,;:-Jrr.e :.te 1rea i :int !.ca dt \·,:cp~r l.":C .s co ns1Cerea ""! m iay ·-.t, :'.it.:e!" :t ::..=.~1,~ooa . · ~' :J::':'~~ou.se. Jl j SO O 5. 8.ar.;:od 1 St.. ~ 1ilao 1c.a ~eo l.C C :on er:.. ·";::,, .ts fl .a c.:i ?it.~: Je d "or: ~r.er:or The or:i .;:JI n:--.:c::i.re. •CJ.c: :nu.sur!d ~i !f'!~ ::,y :o :e'!~. Jas 'Jet: ~s;iar.af'd :,t v- eu l :ir.:.es . But ~z:ewood ~1C:e::ts :'!li.sn the 1:;:.c::-:.~r1 · :o r .ts 315:or :c :oot.s . said LJur:c: . ...-cr.12., .\r.n ~aoco,: . .. ?!'Joie 1r! ~st Jt;c · .'liono1::: said. ~e ~,e~::: :!ouse .s ?ar: oi ·.:~I.[ )er - LU;e . Sil.e;r::: ~Jr.:e :o CJlo rJao .a 1159 lopL"?i :o c:m: .!1 ,a '.llt 4o ld :-ush. 'lut i.m :eill :~:cea :o :iorr.este.td HO acres •ce:e ce !:::JI :::ng1 ewood :io"" st.lnds . He lullt :~e .::o~e icd :ilaated 111 or- c:!:lad :eu :.ie :iresent-iiv 1a tf?"SK't100 ot :brr:p ce:: .\'/er.ue i&r.d ·So uth Broad-•a ~· S,e;r:•.: Tou ld Later iuba iv1 de cnost of :!:e ;,roper.:,-Jn d ~,H ~m•II ;iarce ls .>o pP!:p le cou,c Jwld :he or,,e-st or:,· ~W':!P· 10 ... ·s :ha: Ja::e !)e.c,:ime :.Ile npatare bo us1:1 1! ~:i\ewooa. It •as !i<e :r::: '#ho :ilo1"ed :b.t t OO · !oo t -4'1Ce ·b road ..-a V'' bet'A·e,e:,; !us Coe:, 1nc C":e :-:: .. C:tti :!lJ t ·"ou.Ja !oat - er :e :arr:e,: 3road·,uv u:a )«'On::e :.he ma1,;~ :ho rcu j!l.iJre tirwr.i Ofaver ~d its ;out:,~ ::.e!~~::ion. V.1:tn :.ie :ou!e c3r.:e on :he m.ar ke! .i few :t"Hf..S Jto. ~abhm: uke<:11 rKtP· Uve counci l :o con.s:dt : bu ylfl l :.he: site ~or.d ay . !h e cour.ct l 1pprovtd 1 con - t.n c: :o !:iu y th !'louse fo r Sl lS ,000 . I S ·)OO !us :!i.Jc ·!:le 1pprJ1Std .,.alue . C.J ur.c:!·Nor?:an .\le.t.1r.dr1 HabeDJc!:t sa1a ~es,c.e:-:u hav e ~own • surae o f at o- 1.bimJs m ~o r :be cny's !:ienu1e. Set :o ee !e,rJce :!le city s ct~ter,.nul ta 1003 , rt!1C:e:t.s ::1~·e becoa:, J\ure :.h at tbey ha ve prese~-·ed !H:!, o( ~!le put. '1'h, :-.:s :or.c soc:eiv !:i.u •u.st lt.lr!ed ,,~::..~; fO l/':i . • H,icie~Jc :: Wd . ·'1'bey U'! rl.t\'f !.Jo 1r.1 100d pr o1r1mm1n1 . i ced "l'i.t~=~~::..p u:d !ur..u:.1 ·4e !1~ve a ,cod :,.r.~Ji' · E:i g ie •.-,c o c C.ty ":Junc·l wc man ~n n '4 .Jt •c i: 1rc: :m, JS-tr.e S111.e•·,n -01..s~ 1:SJ S 3aMocx S1.. ii 'i1s~on c itr.Jc s,s tant :ao,ec~ manage • ~on '.4 tll u ·e v1e ·..., ntor'Tla t1 cn ,n :ur e ·~, ::If ::1.;,c I agr'!'!C "J :::ur:"1ase 'or -S l J5 .JOO . 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J .;·;:'!".C I r:: :. .. ,-:,,1:i '.::i: t';r:.: ... :-: S,, --·: ·~:-. 1or -:-:J,11r 'Ju: 11~: ::~ fo,.: 'r:-'i, J J v •o Ju .. e, .\,":..u ·.1:: 1r, .. ·,.··r"'."" ·,,..,c• lat ~.J:::~-~ ::.;: iJ !•,Cl ,-; ,pr.-::1.r:.! ~J. ~ ;c, • .,f -· iJ:t>: 5,..,. ••. : I\~ l ,fi. :'.::~ "'\~.Jt! J! 5hJ :·. ,,.:e .::: .. :1s ;e .. ::: .. "". :.l!: .~ y~u . 1:'..:i · '.L:-· 1.e·J i !:c .. ht li :::i: :-'' ... :"J . ..::!-: ::icr.. J: !:J~·;. SI :,• ',L ·· ~,.c ·:;:: ;.c ..: .. -: :?;~ -C .... _-:.\ ',f : . ...:.:c,::: .. I • 0 - • • ' •• t• .;! .... .. _ ., -"' .. , ··r .. " • • • • EXB18IT#2 ., ; .. PURPOSED SCOPE OF SERVICES (From Colorado Historical Society Guidelines) ' .. .. ' ' ,.· . ' ' , .. . I • I . 0 • • .. • ---• T• •,' ·-.. ". • -... <..olor:iao l:UStonc:u .:)OCJCty·.:)~lc c.istonc:u r ,uuJ 3.4 Bt.1!,1)NG =".-,;;..OP;-:e::<I;;;UQR w :'!,LS Exr=iar wall COIISlnlCtim 3.5 3.6 3.7 3.1 :Em:rior F:ziisiles Exr=iar~ Ex:11:rior Doan. V•mdows. Hantwve am! Trim Exr=iar ~pcrcli. SIDOp , panil:o, - Bt.11,DNQ 'C"\iv;;..Q?g-B,OQFING -:\-":IP w .4JW'SOOFJNQ 1t.oafmc Sysrcs 5-t ~ :1.asiliq Dramqe-pir=. dowaspacm JNJEYQR FTNJSHES Wall Fmisil~ Cc:iliq Fillisll Maacrials Floar Fiaish ~ lm=icr Doc:n. V.iadows, ~ am! Trim MEG:';~•fiC 41, SYSJ'P1S Haliq Vamialiaii Wair ~'ice 111d Scwc: Utilmcs Fin:S~ E!,ECJiYCAL SYSTEM$ Elmc:i=l ~ aadP-=!s EJs::x.ai DislnDmiaa Sy-= upmll rn Daa:::ioa Sys11:m U Pa'! IV. PltESDlV A.TION PL\."'i ., 1 .. . ' " !Jae~ !'la sboald take die zwww,nd•Dcms prcsc:ribc:d ill Part U ad priorime die v.orlt imD • logi=al cric:. Tllis ardc siloald :m lbc moe wpm woa: 3111:h • ~ SIJ'lJCmral wak=ss 111d life suc:y issDcs ~ less IIZl=1 n:;,ain. uaqc,r'.cs far w ill priw · la •110 1 mm mdnions are provided ill tbc Tenm aad D6iliom -==a foilowizic 11m omlmc . 4.1 PRJOR..'1]2;!) WORK u PRASJNG pu.111 -If wm is to be campldai mllllft 111aD cme nhasc. 4.J EST!M,£ J;D COSTS -Com shoald zdlcc:t =at :zmtct. ~hide pcr.:cm :ost iacrasc i! projec: is piwcri 5.0 PHOTOS A.",1) n.LtJSTllAllONS His:or.c md = plloros ad iDllsrnDaas sboald be provided ill a scpantc scc:tiOII or ill~ wilhm the t=: to filrthe: develop the~ of tbc projec:. APPENDICES ;. APPENDCX A:. ACCESSIBIUTY COMPLL.\NCE AP!'e<I)[X B: HAZ.ARDOL"S MATERIALS APPENDr:x C: Bt"Il.D~G CODE COMPll.t...'lCE APPENDIX D: ZONING CODE COMPI.1.A.lllCE AP!'ENDr:x E: MA !EUALS A.'lAL YSIS EXHIBITS BIBUOGR..\.l>h"Y ~ ' . ' . I . 0 ,J • ".,., ... .. • .. • • - HISTORIC STRliCTI.lU: A.SSESSML'\"T-Ot°1Ul'C: .\ .. i. Cow:rP~ ii Table ofCoutc:us LO PA.llT L INnooucnoN 1J R.;5EAR,c;..: 5ACT<;GjlOU'ND(P ',&TTC!PA,N'TS R.aan:ll desip • process tall= to compicle report md project parposc. CCIIISIWl!tS mvolwd ill die n:;,ott. Fllllliiq pa=crs (im:!Dde n==ssary SHFiCHS cndu) 1.2 BL1I.,!>JNG LOCATION ~ITT f"Js" QR YICil'-lIY 'Mo? Pllysical LocazimL . Lcpl Desc::poaa 2.0 PAJll' IL HISTORY ·"-"l> USI 'Ille:aar:ll mdaaalysis ofdle Sll'll,Cllft 'shislary md llSC sbaaJd pnivide, base far die fmm'em:ommrTJd2ri011S 1S pres::r."b=: :n ---·--of:llis r=ort. Potalit:i soim:u for i:nfor.na:kJn; Staie. Fedc:'il or Local~ :MllmlWiolls ofHistar'..c ?:t,pcnics. Oral His:aries. Es:cr:c Pborognpils., Hislcric Plaas md Spec'Jic•ricms . 2.1 ARC":;J:'EIT1r"'RA1, SIGNtf!CA..'1<:='. :'--'iP CONSjjU.TCTJON i-'JSJOBV Bnc!y dcsc:ibc 'Ille ~ s:yle iDchidmg ~=-ddiamc i:mc:-.ar md ex:t=lor f=mre:s as well ,s , brief chronolog:: vi addiliacs md 111=:iriaas TD 'Ille aripial =. The ;,:zs: md cm:-:ii :ise showd ,isc be dis..~ in rewion to these :noclif=ic-..s. u PRQPQSP ?B,OORA.'1 Dilras a~ DCW use. hiclDde ill !bis disc::ssioll tbc f=::ioaal :ieals mi impact to die c:cszmg srr=m"e. ls !bis inte:idc:: -• bar far 111c SlrllCIIIR? 2..3 EXI$J'JNG SKETCH PU,N Tllis plaa may be cbWR widi mcaswc:.a:ms bar is otl= llOl to ICale. ~. a Sll'1ICtllr'e md/ar l.mdsczpc sboald be rep=t::l ill ai:i:mm ~ ~ my sipifc:am !nrild::ip aad maciarad laads,;ape !eamrcs iD lim plm. 3.0 PAllT m STRUCI'Ull CO?'ol>mON ASSISSML"o'"T 3.1 Each of die f'ollowmg carqma sboakl be eo.'ailwed as il pc:".aim III cac!i s:rac:=r-. This cvahw:ioD shoald =iwn :m: parts: The descriptioll a;,lams di,: fear:r.s. :mc:iaJs md spKCS Wml rc!ariml to &F md sipifisnc,:. The CODditioa c,q>w:s die =t ~ of dil: szr=iirc. TIIC recommadalioa presi:ibcs m ~ for iiacasary work based Oil ex:s:mg coadil:011S :c presc·1:mo11 objectives to be take ill ai=rdmcc wim die S-.C=,, of rite In11r.or 's Sll:,uiar.:s. ~ fonsc ill desc:.Dll:.f madiooa md rw:ommcadalioa are pr!Mded ill die Terms aad Ddmiaoas scc::ion following die onrlinc . sm. ~.aied mds=pc fc::imns Parlcin2 A.--c::ic,;logy .If p-omid is to be brok=. h.i,.·e the ar-~lopcal =om-~ beci c:onsidc=i'.' 3.2 fOl-...:OAJJONS 3.3 Pcrimef= FOlllldariOll Dnmqc FOIIIIIWiOll Syst=15 Baildmc~ BtJIDNG SJ'RUffillW. SXSJB1 Gc=:il Sn=nl Sysscm Dcs:riptian Finl F1oar Sna:mnl Sysu:m Scoad Floor Sncmral Sysu:m Roof'Frmiiq S,-m · . I • C, . ] • • • RESOLUTION NO . ~ SERIES OF 1999 .... ;r,-... . . .. .. • ,,-- .\ • .. • • .. ... // e.. i A RESOLUTION ENCOURAGING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION TO OBTAIN A BACK-UP CONTRACT WlTH LEGACY PARTNERS AS A RESIDENTIAL DEVELOPER. 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 (EEF) 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, authorized EEF to conclude negotiations "for sale" with Legacy as residential developer for $4 . 75 million dollars on October 4, 1999; and WHEREAS, EEF negotiated in good faith with Legacy but was unable to come to terms; and WHEREAS , the EEF was encouraged to conclude negotiations with Trammell Crow as a residential developer for $5 million J ollars on November 22, 1999; and WHEREAS, Legacy Partners indicated that they wished to be in a back-up position to Trammell Crow should the parties be unable to come to agreement; 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 encourages the Englewood Environmental Foundation to obtain a back-up contact with Legacy Partners as a residential developer . Sectjon 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 61b day of December , 1999. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk , . \ . ' . . . . ,. I • 0 I • • --.\ • .. • -' COUNCIL COMMUNICATION Date Agenda Item Subject Approval of resolution authorizing Englewood Environmental Foundation, Inc. December 6, 1999 11 Ci to negotiate a backup position with Legacy Partners Initiated By Englewood Environmental Foundation (EEF) I Staff Source Bob Simpson, EEF Board of Directors COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On October 4, 1999, City Council authorized the Englewood Environmental Foundation (EEF) to conclude negotiations with Legacy Partners, LLC as residential developer at CityCenter Englewood for a sale price of $4,750,000. EEF and Legacy wen; unable to come to deal terms . On November 22, 1999, City Council authorized EEF to conclude negotiations with Trammell Crow Residential for the residential portion of the CityCenter project. RECOMMENDED ACTION Staff recommends approval of the resolution . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently negotiations with Trammell Crow Residential are progressing favorably and Staff anticipates meeting all of the deadlines established with Trammell Crow. However, Council does recognize that the residential element of the CityCenter project is critical to success of the entire project. As a contingency , EFF seeks Council's support to obtain a backup contract with Legacy Partners as a residential developer for the CityCenter project. FINANCIAL IMPACT No direct financial impacts have been identified . UST OF ATTACHMENTS Proposed Resolution ., .. ) I . 0 -' , .. \,.: \\'-,. ..... ,. • • •• .. .I .. ' I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucrishia A. Ellis .. . • I • 0 - .... • • J '--.; -"' ------"~------~--------------------------------------.. .\ • t· .. .. • - DEC 2 '90 15:2 0 ~R OM BERENBAUM-WE!NSHIEN K TO 9303 7 6 2 2408 PAGE .002 /003 J70S.--- A,pul,lic Plaza · Swa MOO 0.-· ColonelOlOZ-S6Z6 ,....,..._ l0)182J.*O F_.., JOJIIIZ9.7610 !,..\tlil; ......... le.oL ... ........ Nan Oii9Cf l)iol l0J/S9l-SJJO --. December 2. 1999 Daaicl L . Brolzman. F.sq. City Aaomey City of Euglcwood 3400 Sou1b Ela&i Englewood, co 80110 Re : Legacy/Trammell Crow Dear Dan : Al we discussed by phone. the following summarizes the terms tbal I have discussed widl Lepcy. which are acceprable to Legacy . l. Legacy. the City and EEF will exccua: a Mutual Release now . EEF will pay Legacy $25,000 as partial reimbursement of their out-of-pocket cosu in consideralioo for the Release. 2. Legacy will emer into a standby conttact with EEF . The conttact will only become effective in the eYeDt EEF terminates its contract widl Trammell Crow as a result of a default by Trammell Crow. or EEF determines. in its sole discretion, to other- wise not proceed widl Trammell Crow . In !he event the Legacy conuact has not ·moved into flJ'St position~. EEF will pay Legacy S25.000 as reimbursement for additional costs to proceed with due diligence during Ille staodby po5ition . The $25.000 payment will be made thirty (30) days following the time the Trammell Crow earnest money deposit becomes oon-refundable (which will be returned to EEF if the Legacy contract moves into the fll'St position). 3 . The Legacy conttact will follow 1heir original Term Shee!. including : • S4. 750,000 purchase price . $250,000 promissory noce as eamcst moaey deposit to be converted to cash at the end of tbe Inspection Period . .. ' I . 0 • • .... -------------------------------------,, .. --.\ • ' "• \,r ~'.. .. .. ' . _ ....... • -.. •. -. .. ... ._, ?f-C 2 '90 15:20 FROM BERENBAUM-WEINSHIENK TO 93037622408 PAGE .003 /003 HMM.sld cc : Guy Sears • lmpeclion Period b four (4) mombs followiDg die time EEF pva DOCice dial Lepcy is ia first politioa c·EEF Nocia:•). • Lepcy mull oblain an approved Site Plan five (S) mondls CollOlring die EEF Nolice. • Lepcy must close six (6) moadls following lbe EEF Notice . • Legacy lllUll apply for building pamils widlin ninety (90) days following Site Plan approval . • AU due diligence ieems (title, survey. soils. enviromnemal . etc.) Olber dlao City approvals lll&ISl be completed widlin sixty (60) days following EEF Notice . • Legacy will be provided wicb DOCice of all public SIUdy seuiom and omer public meecmp between Trammell Crow and the City. • If Lepcy bas oot moved iaro first position by May 1. 2000, eilber party may lfflnimae die Legacy backup CODb'Kt ia rheir sole clilcrctioD. Very truly yours. BERENBAUM, WEINSHJENK& EAsoN, P.C . J .. l.T~tu!.~ ~\. !~ H . Michael Miller ........ rNINIIIGLIWDI.. ....... _ ............. llliM) •• TOTAL PAGE .005 •• "· ,. .. ... I· 0 32X - • • RESOLUTION NO.~ SERIES OF 1999 ,. • • - .. . \ ' A RESOLUTION INDICATING THAT SPECIFIC TENANTS ARE ACCEPTABLE TO THE CITY OF ENGLEWOOD AT THE CITYCENTER DEVELOPMENT. 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 (EEF) 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 , EEF has entered into a contract with Miller Weingarten as the retail developer for the CityCenter site; and WHEREAS , the terms of that contract require Miller Weingarten to have letters of intent by November 30, 1999, for not less than two restaurants. two 25 thousand square foot users and 25 thousand square feet of additional retail space with tenants which are acceptable to the City; and WHEREAS , Miller Weingarten submitted letters of intent to EEF prior to November 30, 1999; and WHEREAS, EEF would now like to ascertain whether the letters of intent are acceptable to the City ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , THAT : Section 1. The Englewood City Council hereby approves this resolution indicating that the tenants proposed by Miller Weingarten are acceptable to the City of Englewood at the CityCenter development. Sectjon 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 is s ue s . ADOPTED AND APPROVED this 6th day of December, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk • .. ', .. 12 bi I • 0 J- • • • --.\ • .. "it:1.. .. .. ........ • •• .. " I , Loucriahia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above ia a true copy of Resolution No.~ Series of 1999. Loucrishia A. Ellis ,.· .. -.. I • 0 32X • • ~ ,,- • 1 •., ,, '• . • - MIil.ER November 30, 1999 Mr. Gary Sears City Manager City of Englewood 3400 S . Elati St Englewood, CO 80110-2304 RE : CityCenter Englewood -Retail Developer Dear Gary : .. ' Included w ith this lette r are copies of Letters of Intent with th e following te nants : Borders, Inc . • Ross Office Depot Sportsman · s Warehouse Rub y Tuesday TGI Friday 's Ball y Total Fitness Peaberry Coffee Bennigan·s El Tejado • International House of Pancakes ,\ .. We are submitting these Letters of Intent pursuant to our arrangement with EEF as de lineated in the "Deal Sheet" and request that we receive from EEF a notice of compliance with that provis ion . The next step after approval will be for us to complete negotiations with tenants and commence lease preparation . Congratulations on the Wal-Mart closing and the deal with MOA . W e believe those events will continue to help the marketplace awareness and progress on the o verall project. JSLJbam Enclosures Sincerely, MILLER WEINGARTEN REAL TY , LLC Miller Weinga n e n Realty . UC 2 ln vaness Dove EaS1 . Suile 200 . Englewood. CO 80112 Tdq,hone. (30:l > "99-6.lOO FAX . 1303) "99-636 1 ' . ., ..: .. .. ' ,. ; I • 0 3 • • 1. 2 . 3 . 4. 5. .. • -· • • .. -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . DECEMBER 6, 1999 Call to order. Invocation . ~ Pledge of Allegiance . / tn'>J Roll Call. v, ~) Minutes . 7 :30 P .M . .. a . b. Minutes from the Regular City Council meeting of November 15, 1999 . Minutes from the Special City Council meeting of November 22 , 1999 . /I , I'/,, ~I ~~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes .) 7 . 8 . a. Diane Gentry and some of her fellow students from Flood Middle School will be present to offer suggestions for improvements to the northeast corner of the ~ol. N~s~i~~~;::tation:five minutes .) Co~nications, Proclamations , and Appointmen'--17 a. City Council will recognize the student artists whose work is featured in the Englewood 2000 Calendar. ~~ny' : .. o Public Hearing . a. A public hearing to gather input on Council Bill No . 77, an ordinance amending the ~{p~ ~~;na= P ..... note: If you have a dlNblllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at lent 48 hours In advance of when aervlcea are needed. Thank you . • . ., " " I . 0 • • .. ,. ,.,-· .I • ,. •,. .. • ' ' -.. Englewood City Council Agenda December 6, 1999 Page2 10. Consent Agenda . a . Approval of Ordinances on First Reading . i. ii. COUNCIL BILL NO. 78 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an amended Intergovernmental Agreement with the Arapahoe County E-911 Authority. STAFF SOURCE: Chris Olson, Director of Safety Services. COUNCIL BILL NO . 79 • Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for South Broadway Abandonment. STAFF SOURCES: Ken Ross , Director of Public Works and Rick Kahm, Capital Projects Manager. iii. COUNCIL BILL NO. 80 · Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an agreement with the Englewood Lions Club for maintenance of the Eng lewood Lions Club's Miniature Train . STAFF SOURCE: Ken Ross , Director of Public Works. iv. COUNCIL BILL NO. 81 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving a contract with the Victim Assistance and Law Enforcement (VALE) Board for grant funding . STAFF SOURCE: Susan McDonnell , Victim/Witness Services Coordinator. v. COUNCIL BILL NO. 82 -Recommendation from the Human Resources Department to adopt a bill for an ordinance amending sections of Title 3 of the Englewood Municipal Code referring to the Career Service Board . STAFF SOURCE: Sue Eaton, Director of Human Resources. b . Approval of Ordinances on Second Reading . ,.J.;~o ii. r,J-111 iii. ~7?.-iv. Council Bill No. 71 , accepting a grant from the Colorado Historical Society for an Historical Structure Assessment of the Thomas Skerritt House . Council Bill No . 72, increasing the City of Englewood's Non-Emergency Retirement Plan retirees' benefits by three percent (3%). Council Bill No. 73 , an emergency ordinance amending T itle 8 , Chapter 2E , Section 2 of the Englewood Municipal Code pertaining to the Uniform Fire Code . Council Bill No. 74 , approving Supplement No. 4 to the Valley Sanitation District and Columbine Water and Sanitation District Connector's Agreement for inclusion of land within the Columbine Sanitation District boundaries . Council Bill No . 75 , authorizing the acceptance of a grant of property from Arapahoe County . ... Please note: If you haw a dlublllty and need auxiliary aids or sarvlces, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when sarvlcu are needed. Thank you. • .. . ~ ' ' V ... I • 0 xi • • • • ,,-- .\ • J ........ ' .. .. -. • • ' ' ~ Englewood City Council Agenda ~mber 6, 1999 Page3 Council Bill No. 76, authorizing a Quit Claim Deed for City Ditch right-of-way located at 3697 South Grant Street in Englewood . c. Resolutions and Motions . i. iii. Recommendation from the Department of Neighborhood and Business Development to adopt a resolution approving an application for Community Development Block Grant funding for the year 2000. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. Recommendation from the Department of Financial Services to adopt a resolution approving a master lease agreement for computer aided dispatch and records management system . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Recommendation from the Library Department to approve, by motion, a contract with Andrews and Anderson for Historical Structure Assessment of Thomas Skerritt House . STAFF SOURCE: Hank Long, Library Director. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Second Reading . c. Resolutions and Motions. i. Recommendation from the Department of Neighborhood and Business Development to adopt a resolution authorizing the Englewood Environmental Foundation to negotiate a backup position with Legacy Partners for residential development at the CityCenter Englewood site . STAFF SOURCE: Bob Simpson, Englewood Environmental Foundation Director. 12 . General Discussion. a . Mayor's Choice . b . Council Members' Choice . 1 Y._ ~ 0 . ~/...11. i. A l'9IOlulion indicating that specific tenants are acceptable to the City of ~ ~, f-,_.,... "T Englewood at the CityCenter development. <7et441,X~ ~~3. City Manager's Report. 1 ~ ~_»,60. a. CityCenter Englewood Update . PINN note: If you have a disability and IINd auxlllary alda or Nrvic:es, pleaH notify the City of Englewood (303-762-2405) at IMsl 48 hours In advance crl whan NMCN .. nNCled. Thank you . • . ., ,. ' . ~ .. ) I • 0 2X - • • Englewood City Council Agenda December 6, 1999 Page4 14. City Attorney's Report . Adjournment. i ~ tf / .t', ... • . \ • .. • •• ... The following minutes were transmitted to City Council between November 12 and December 2 , 1999: • Englewood Board of Adjustment and Appeals meeting of October 13, 1999. • Englewood Clean, Green and Proud Commission meeting of October 13, 1999. • Englewood Parks and Recreation Commission meeting of October 14, 1999. • Englewood Planning and Zoning Commission meeting of November 2 , 1999. • Englewood Cultural Arts Commission meeting of November 3 , 1999. • Englewood Liquor Licensing Authority telephone poll of November 3 , 1999. ',. PINN nota: If you ha,,. a dlsablllty and nNd auxlllary aids or NrVlc:es, pleue notify the City ot Englewood (303-782-2405) at INat 48 hours In advance of when Hrvlc:n are needed. Thank you. ' . ., . • I • 0 I . 0 32X • • • c1-1b ~ OwrrrJ ~}f 4,r /11 · cttUL-4· ·• ,. --. 0 - I . • .. . ~ --· ~ • .•. ,. ·-. ., • -' ' ~ ~-1().J Cebv, ? ~/~ i~· • • I . 0 •