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Home My WebLink About1998-12-07 (Regular) Meeting Agenda- - • • • <. .. .. REGULAR CITY COUNCIL MEETING DECEMBER 7, 1998 '" "8"'/., ~~a..-; -<.01, 88, 89 ORDINANCE• ;:i"' '7"' 'r"'~~ R£SOLUTION I~~~• 106, 107, 108, 109 ·• .... ,, - •. • .. 0 • •· • 0 - / • • • • ,~ - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Dettnlber 7, 1998 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:42 p.m. 2. lavocatioll The invocation was gi\lCII by Council Member Nabholz. 3. Pled,:eof Allepllce The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present Absent A quorum was present Council Members Nabholz. Clapp. Garrett. Bradshaw. Habenicht. Waggoner. Bums None Also prcscn1 : City Manager Scars City Attorney Broczman City Cler\ Ellis Din:dor Gryglcwicz. Financial Scrviccs Planner Graham. Ncigllborhood and Business Dcvdopmcnl Director Fonda. Utilities 5. MiHtel (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEETING or NOVEMBER 16, ..... Ayes: Council Members Nabholz. Garren. Bradshaw. Habenicbl. Waggoner. Clapp. Bums Nays : None Motion carried . (b) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or 111[ SPECIAL MEETING OF NOVEMBER 23, IM. Ayes : Council Members Nabholz. Garrell. Bradshaw. Habenicbl. Waggoner. Clapp. Bums Nays : None Motion earned. 6 . Sdledulcd Viliton (a) Mayor Bums advised that Carolyn Annsarong. President m the Colonldo PIIU and Recreation Association. would presclll the President Award to Gene Fdling. Vice Prelidelll and General Manager of Universal Conc::erts. for his support of the Safe Summer Program . ' ,, - • . .. •· • 0 '32xl • Englewood City Council December 7, 1998 Page 2 • 0 , . • Ms. Annslrong noted she was President of the Colorado Parks and Recreation Association up until about a month ago. She advised that the Colorado Parks and Recreation Association is our Slatcwide association of all the park and recreation agencies and as such they have an awards program. She asked that Sheriff' Sullivan join her. as he has played an imponant pan in this program. Ms. Annslrong explained that each year. at an annual conference. the Colorado Parks and Recreation Association recognizes both professionals and commwuty members who have made major contributions to park and recreation causes. Occasionally a situation arises where the contribution is so large or so varied that it doesn't fit into the normal awards process. In this ease. she said. they go to the President and ask for a President's Award. This year five agencies nominated Gene Felling and the Safe SU11U11Cr Program for a President's Award ... five agencies. She commented that is almost unhc;ard of in CPRA. Since 1993 Universal has contributed over $646.000 to park and recreation agencies for Safe Sununer Programs. These programs have provided youth with employment training. special events. teen center Slarl-ups. in- line hockey rinks, youth-at-risk recreation program scholarships and many other opportunities. Ms. Annstrong pointed out that the Englewood program alone has already been Ilic recipient of a Columbine Award from the Colorado Parks and Recreation Association and a DRCOO Local Government Innovation Award. Ms . Armstrong said she asked Pat Sullivan to join us. because without the Sherill's Dcpanment they couldn~ do tllis program. Tiic Sherill's Depanment is heavily involved in the programs and everything and his folks have been tlacre too . So. she said. she is pleased. absolutely pleased. both as the President of CPRA and a resident of Englewood. to join the City of Englewood. tlic City of Denver. the Town of Padtcr. the City of Aurora and the Foothills Park and Recreation District in honoring Gene Felling with the l 998 Colorado Parks and Recreation Association President's Award. Mr. Gene Felling noted that Sheriff Sullivan is up here at a very appropriate tirne. because he and Sheriff' Sullivan Slarled this program togetlicr about five years ago. B=tuse. he said. it was a panicularly violent summer we had just goric through. Mr. Felling said he called Sheriff Sullivan and asked what he could do, that he was just one person. but he had several hundred tl1ousand concen goers out there and if we all band together maybe we c:u1 make a difference. He stated that Sheriff Sullivan was very helpful and very instrumental and he called all the police chiefs. tlac city councils and the parks and RCS. Mr. Felling commented that they didn't want this money to just be blended into some general services fund with the State or whatever the organization. TIIC)• all cai1ic back. he advised. and said let's do something with the kids. lets get them off Ilic streets. let's get them something to do at night. So tlicy tagged the money onto the existing programs. tlicy kept Ilic youth programs available. tlicy had free swimming this summer, they leveraged Ilic program. tlrey sent additional youth out i1uo Ilic neighborhoods to do neighborhood clean-up, to do senior citizen projects. So. Mr. Felling advised. Ilic anny of concen goers became an army of several hundred youtl1 going out in tlic commwiity doing commwuty projects. He stated thal the Cily of Englewood was gracious enough to invite llim to their project over in the park where they painted the barn and lhc kids went out and did yard work for the senior citizens in Ilic City. He said it was a wonderful experience and tlicn tlicrc was a nice wienie roast. it was just great. Mr. Felling stated he !hims they arc really making a difference out there with people like Pat Sullivan and people like younclvcs. 1bis award. he said. is not for him. tllis is for Ilic kids. TI1is is for the youth of Denver and with Englewood's help they can 1nake a difference. Sheriff Sullivan stated that he would like to recogni ze Jerrell Black who worked with them so much on that when they staned in the sununer of 1994 . it was right after all tlic shootings. He noted that we continue to have shootings and trying to do things for kids at night. and trying to do them safely. was a cballcnge. They clidn' have money to go to every recrc.,tion district. some went to Foothills. sonic went to Aurora, the south end here. tl1cy decided. would h.1,·c to come to Englewood. So he approached Mr. Black on it and he ran with it. He had to put in sonic gates and stuff and gate olT pan of lhc Recreation Center. bad to get some of Chief Moore's people. off~uty. to work there. He advised 11131 one of the 5laltling findings one of Mr. Black's maintenance people made one Saturday or Sunday morrling, was they found a gun in the bushes outside Ilic Recreation Center. So some kid abmldoncd his gun to go inside and be safe with the recreation there tl1a1 Mr. Black mid his stalT were providing. So a big pan is raising the money and then ' ..... ,. - •. •· • 0 Ena:lewood Cily Council December 7, 1998 Pagel • • • • • how 10 correctly spend ii 10 be mosl cffcc1ivc for 1he Safe Summer Progr:un . and he staled. Mr . Black played a big pan in 1.ha1. Mayor Bums commenled 1.ha1 in Marcil al the DRCOG Awards Diru1er. Mr. Black and Mr. Felling were there and the City of Englewood received an award for this same progr:un . So ii n:ally has been a wonderfully successful program and well rccogni7.cd . On behalf of Council. Mayor Bums !hanked them cnonnously for all the work and help they have given us . Ms. Annstrong S1aled lhal on lhe pan of the Colorado Parks and Recreation Associatioa tbat lhis is what they arc all about ... giving kids alternatives and giving adults allcmalivcs. She gave their hcanfcll thanks IO Gene Felling. Pal Sullivan and Jerrell Black . Mayor Bums Slaled we arc proud of Ms . Annstrong. as a loyal Englewood citizen who we know and rcally rcspcc1 and he offered Council's thanks. 7. Non-teheduled Visiton (a) George Allen said he was present 10 talk 10 Council aboul the Englewood Historical Society . He advised Iha! 1998 was a great year for the Historical Society and they arc very happy about the progress they have made. In 1heir thinking. he said. they arc going 10 need a linle storage space after the CUnclll City Hall is closed up. as they have a IOI or stuff stored on the second noor here . Mr. Allen advised they would like 10 petition Council 10 allocale aboul 600 square feel in 1bc new building, when they move the City Hall. so lhey can have a place 10 store anifacts. invemory and do a linle management type wort with their ma1crial. He asked 1h31 Council consider lhis rcquCSI when they stan malting plans and allocating space in 1he new City Hall . Mayor Bums noted 1ba1 Council has a letter from their incoming Prcsidem requesting space. but it doesn't say how much or for exactly how long. He asked what their plan is for completing the Depot. Mr. Allen acknowledged 1h31 is a good queslioa He said he docs not know bur 1bey arc optimistic lhM lhis year they will get some answers to the time clement. As far as space in the new City Hall. he said. be dlims they will need lhal infmi1um . Because. he poimcd oul. the museum is llOI going lo have the space O\'Cl' lbcrc for ii. especially if they get the boltom put oflhe building rented out. So they will need lhis space anyway . Mr. Allen advised they will keep COWICil posted with how far they arc gelling wilh it Council Member Habertichl asked if the history collection has been coordinaled wilh the Englewood Public Library . Al one lime the Library had a history librarian who worked with a lot of the Slllfl' that they have. a loc or 1bc papers. anifacts. pan or the collection. she said . She advised lhat she undcrs1allds lhat is son of why ii came in 1ogethcr wilh being stored through the Library . And she would hope. she said. that lhat collaboration mighl still cominue. Mayor Bums noted lhat tbc letter they received from Gerald Slack. requests office space and storqc space in the new City Hall until such time as the Depot is completed . If lhal is not cxacdy what you an: requesting. he advised. then Council needs that in writing from the Historical Sociccy, as to how much space you need and if you need it in pcrpctui1y. 1hen you need to say 1ha1. And. he said. explain a linle funher about how you want 10 use it. Mr. Allen noted lhat they. originally. were lalking about more space than lhcy need . About 600 square feel should lake care of ii . He stared 1hcy \\ill gel lhat letter 10 Council and do the best they can to come up with some rime elemenrs. Council Member Nabholz said. on behalf of 1he Englewood HiS1orical Society. lhat she must say lhat Ibey have worked very hard th.is year 10 regroup. rccruil and build their membership and doing a dala base IO catalog members. So lhcy really have worked hard . Ms . Nabholz opined I.hat 600 square feel. for our Historical Society al the new City Hall. is very nominal and she thought it would be \lefY approprialc to have ii in our Civic Center. • . .. .. •· • 0 ' • Englewood City Council December 7, 19911 Page4 • 0 • ... I• Mayor Bums said he docs nol begrudge !hem lhe sp.,ce. lhal he was jusl particularly interested in lhe Depot . To see whal !hey are doing with 1ha1. But he commented. lhey really enjoyed working wilh lhe Historical Society on 1ha1 project and lhey wish lhcm the best of success wilh that. Mr. Allen suggested if anyone has artifacts they would like lo donate. !hat !hey get in contact wilh Dottie Rusi. Council Member Clapp noted thal she has seen some very. very interesting pieces in lhe A & A hardware store. Once in a while !hey will bring !hem ou1 and show lhe public . She suggested lhe Historical Society mighl want to get with them and sec whal they have and they might be willing lo shan:: some of it. She said it was just a lhoughl. (b) Kemp Will advised 1ha1 he is counsel for Atlas Metal and Iron and wilh him is Mike Rosen. At lhe Study Session. he nolcd. staff recommended a resolution by 1he City Council and be would like to address tliat issue brieOy . He said he detected a fair ammmt of conccm on lhe pan of City Council. about tl1e cum:nt status of lhe project and it is equally of concern to 1hem 1ha1 Council is concerned. 1bey wanted to continue to work coopernlively with the Cily and lhe City Council. he said. so he asked them to let him step back and apologize if there has been a miseonummication of some son. He said he wanted 10 give tl1em a lillle update from tlie last lime they spoke wilh Council. approxiniatcly nine monlhs ago or a year ago. TI1ere is no requirement. W1dcr tlie current laws. 1ha1 Ilic Gcrieral Iron Works property be evaluated by anyone. He pointed out lliat this is nol a bad propeny. from an cnvirorunental perspective. it is not on any EPA list, it is nol on any stale lisl . ii hasn't been a propeny tl131 lw been regulated. But. he said. we all acknowledge lhat ii has been an industrial property for many years and we expect that ii is not going 10 be a pure propeny. because of a long industrial use. Bui !here is no requirement that anybody is requiring tliat anything be done aboul ii. Alias. on their own iniliative. markeling tl1is property. acknowledged 1ha1 environmcnlal assessment of lhc propeny was necessary and tliey have done tliat over a long period of lime. He advised lhal since 1991 lhey have been evaluating the conditions of the property and taken many steps 10 rcincdia1c the propelt)•. Mayor Bums asked if lie liadn't told Council. at lhe lime. tJ1311J~11 was done initially because of a conflict between the seller and lhe buyer. and 1he propcny was purchased mid tliere was an issue as to whether the property was delivered in Ilic proper. son of. condition and there was a lawsuit and in order to settle the lawsuit, tl1ere was a remediation done so lhal lhc purcliascrs would feel as tl1ough !hey got the property in the proper condition. Mr. Will said 11131 was correct. TI~,t. Mayor Bums noted. is whal initiated the remedial work. Council Member Bradshaw asked if 1ha1 was in 19') I . Mr. Will staled ii began in tha1 limcframe. Mr. Will advised lhal early in Ilic spring Alias decided 11~11 it would be appropriate 10 bring this property under tl1e voluntary clean-up program. which is a fairl y new progr;un in lhe State of Colorado. So they proceeded with Ilia!. He said !hey nict witl1 tl1e Slate staff 11131 runs 11~11 program and !hey suggcsaed a preliminary applicalion. Tiiey submilled a prclimi1iary application 10 tlicm. which included all the available studies tJ131 1~1d been done on lhe property and proposed a scope of work for a phase 2. 1bey met with the Stale at lhe property. evaluated Ilic scope of work and tliey appl'O\'ed the scope of work . He stated that Atlas proceeded lhis sununcr. al great expense. wilh conducting thal pliase 2 study. Based on the phase 2 study. he said. lhey evaluated lhe poten1~1l of !he propcny and submined a final application lhal is now under review by lhe S1a1e . In between lhe prelimin.11)' application and Ilic final application a major event occurred. Atlas received a writlen contract on Ilic propeny. Mr. Will said tliat written contract. which appears ii will go lo closing. was for an industrial use . Tiic co111rac1 wilh tlic potential buyer. required Slate approval under lhe voluntary clean-up program for 11~,1 use . Bcc:1use Alias received the contract for a good. viable indus1r~1l use. 11~11 lie believes is of value 10 Ilic City of Englewood. I.hey structured !heir voluntary clean-up application pursuant 10 11131 co111rac1. Al 1ha1 point lie said. tlicy did not look at the full range of land uses. because 1liey l~1d a fixed co111r.1c1 for lhe propcny and they were simply responding to lhe contractual need for a Stale approval for 11~11 use He opined 1ha1 Iha! is were !here was . -• ' ..... .,,, - I • • 0 , 2 • • • Engle .. ·ood City Council December 7, 1998 Page5 • 0 • miscommunica1io11 . He apologized and 100k rcsponsibili1y for 1ha1. He stated lhat he is the one that drafted the deed res1ric1ion . When you arc dealing wilh an indus1rial use of lhe propeny ii is a typical environmental 1001 10 use a deed rcs1ric1io11 for 1he propcny as pan of your mix of tools for addressing environmental conditions a11he propcny . So in order 10 cnh,mce 1he likelihood of1he State approval of the steps that had already been taken and were cominuing 10 be laken, Alias is committing to take additional steps for remedialion of tbe propcny in 1heir applica1ion . In order to secure that l11ey did Ilic standard thing of including a deed restriction. he said. Which is lhe pro1cc1ive covenant 11131 Council has seen and. apparently, been offended by . Mayor Bums said 11131 it seems 10 him lllal whal they arc doing ll1ere is restricting Ilic deed so they will only have to meet a cenain level of remedial ion in order to justify a continued industrial use . So that they can satisfy a State requirement for industrial level uses . He asked if lliat was righl. Mr. Will advised that they are responding to a contract 11131 they (13ve . Mayor Bums said he knows lllal. but Ilic reason they have a deed restriction 11131 eliminates ol11er uses is to confine ll1eir compliance with State restrictions to a certain level and 11131 would be al lhe industrial level . Mr . Will s1a1ed al 1his lime thal is corrcct. lhat that doesn't mean l11a1 someone. in the f11111rc . couldn'I do somc1hing difTcrcmly . 8111. Mayor Bums said. they had a contracl for industrial use so 1hey are rcs1ric1ing 1hcir compliance 10 1he i11dus1rial level . because of that con1rac1. Mr . Will poi med 0111 1ha1 ii is induslrial and commercial. 11~11 1hcy arc 1101 restricting it just to industrial . Mr. Will said he wished lhe Cily's s1afT had picked up 1he phone and called him. because he would have been happy to talk aboul ll1is .issue and lliey could 1~1\'C avoided this concern. He advised thal they don't have 10 go lliat far. of pulling a full residential deed res1ric1io11 on 1he property. 11131 he is happy to look at somctl1ing less . Again. he said, ii was a standard tcclmique. they were puning it in as a standard form. but he is (13ppy to back away from l11a1 and do somelhing that mccls lheir needs and lhe City's needs. He said he is sorry 1113t 111is became an issue. 111:11 he wished it 1~1cin'1. bu1 now that it has. he is willing to set down and find a way 10 resolve ii wi1h lhe City's staff. He 1101ed 1ha1 lhis aftcmoon. after he had a discussion with Mr . Simpson. he drafted an al1emative of wlial he 1hinks comes closer to w113t might be acceptable to l11e City, but ye1 meets AIL,s's needs . l11ey wanl this co111r:1c1 10 go forward. he said. it is a very good one. it meets Ilic City's needs. it meels Allas's needs . He poinled out 11~11 it is 001 a residential contract, the markel lw not said there is a buyer out lhen: who is willing 10 pay a good price for this piece of property for a residential use . The better market is for industrial use . He noled it has a rail spur, it is a very valuable piece ofpropeny. as an industrial piece ofpropcny and 1ha1 is ils history. Again. he said. he apologized for t11eir concern and he offered 10 answer any ques1ions . Mr . Will staled he does not believe lhe City needs to go out and spend a fair amounl of lllOriey performing a risk assessmcnl for this property. lbey have performed a screening level risk asscssmclll . which is all that is required by this program, this is not a Superfund type of program . II is a \'Oluntary program 1ha1 is much more straight forward and simple llian a lot of otllCr cnviroruncntal assess1nen1 programs . So llieir level of assessment was done at tllal level and the y looked al 1he full range . as ti~· commi11cd 10. 8111 since 1heir application was limited 10 industrial and commercial uses . 1ha1 is whal Ille)' put III lhe applic.11ion Mr . Will s.1id he was sorry 1here was that misw1ders1anding . If 1hey had sci down . he was sure 1he~ could ha\'c avoided some of their concerns. Council Member Nabholz rei1er:ucd tl~11 Nonh Englewood and Sue Hall liave worked very closely with Alias Metals. staning in January of last year. due 10 1he Nonh Englewood S1rmll Arca Plan. which had everybody panicked in December. We are now in December a year lacer. she said. and things have switched once again. Ms . Nabholz said she reprcscnls 1ha1 pait of town. 11131 small pan. and she also represents a Lvger piece of Englewood as well . Bui. she said, she has 10 vote and protect tllal neighborhood. and you l13vc heard it in every niccling thm you were 1here. You stood up in the very first meeting with scventy•fi\'c people. she n:callcd. and staled 1h31 you would work willl lhc community .. .look at mixed use . Ms. Nabholz said 11131 she feels wlmt needs lo go in . as not just her voice, but what those residcn1s down llierc want. is lo continue to work with you. for you to listen to lliem. and don't go industrial. straigl11 industrial . Tiicy sm wilh Mr . Banon . she personally did. and she was told not to bring 0111 his name. lhen al I of a sudden ii is in lhe Englewood Herald. so she is getting very mixed messages, she said. I chink I need to make it cle.1r 1ha1 110 where in Englewood is it acccplable 10 mix up lhe messages ' • ,. . ... .. I • • 0 - • • • Enttlewood City Council December 7, 19'J8 Page6 '· • • • with us. she stated. We arc trying to wori( very closely with you and very hard with you and she feels that. once again. the rug is going to be pulled out . and that alanns her. she concluded. Mike Rosen. a principal of Atlas Metal and Iron. the owner of the General Iron Works property, staled that he thought we were on the same page. apologizing if the lines of communication have dropped. He said Ms. Hall has been in contact with the ncighborbood. specifically with Mani Kucharski about this. and that has son of been the avenue thal we went. One of the things that we heard from a lot of those people at that meeting was looking for a user of the property to provide jobs within the City. When the contract came from Banon. who he believes is a significant Englewood employer and a significant Englewood company, we thought it was a good mix. he said. If those lines of communicalion dropped. he said. I apologize. What we looked at specifically was it was a good business decision for Atlas Metal and Iron, it was a good business decision for Banon, who wanted to Slay within the City. but realized thal to Slay within the City of Englewood they were limited in their options. The option really was the General Iron Worts facility. So we thought it was a good marriage. The voluntary cleanup application son of went along those lines. We've agreed that the deed restriction needs to be removed or renegotiated in such a way that it allows for other development in the future. But the development at this poilll 11~11 we sec is for Sanon Brolhers to operate their business. Now if somewhere down the line there arc other options available to them. as the future owners, d1cy have those options avaiL1blc lo do whatever they want to do. he said. We can not and would not restrict diat. nor would the Banons. and I spoke with them today ... want that restricted. But as far as a business decision. Mr. Rosen said. Atlas. and also a community decision. like I say, we didn't think we dropped tbat line of communication specifically with the neigl1borhood. we thought that this was a good match. Tiiat is how we continue 10 sec it. as a good match. a significant employer within the City of Englewood. and turning that propeny i1110 the use that makes sense tliat we sec at this moment . Now, ten, fifteen or twenty years down the line. maybe there arc dilTercnl uses. but as the present owners. I don't think we liave a responsibility 10 project tliat out. Our responsibility is 10 say here is somebody that we believe makes sense riglu now to the City. There were no funhcr questions. Mayor Bums thanked them for the clarification. 8. Communications, Proclamation, and Appointments (a) A letter from Dena Zochcr indicating her rcsigiialion from the Clean. Green and Proud/Keep Englewood Beautiful Conunissioo was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT 1111: RESIGNATION OF DENA ZOCHER FROM THE CLEAN, GREEN AND PROUD/KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes: Nays: Motion carried. Council Members Nabholz. Gam:ll Bradshaw, Habenicht. Waggoner. CL,pp. Burns None (b) A letter from Llomar Warren indicating her rcsigi~11ion from the Englewood Code Enforcement Advisory Commincc was considered. COUNCIL MEMB[R NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF LLOMAR WARREN FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE. Motion carried. Ayes: Council Members Nabholz. Garrett. Bradsliaw. Habenicht, Waggoner. C~1pp. Bnms Nays: None 9 . Public Hearing ..... .. I· • 0 , - Englewood City Council December 7, 1998 Page7 No public hearing was scheduled before Counci I. 10 . Consent Agenda • 0 - (a) Approval of Ordinances on First Reading ,. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) and (ii) ON FIRST READING. (i) COUNCIL BILL NO . 79 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 139 TO THE SOlm-lGA 1E SANITATION DISfRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND Wll1{[N THE DISTIUCT BOUNDARIES . (ii) COUNCIL BILL NO . !Ir.. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE-'· CHAPTER -'· SECTION 4. SUBSECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985. BY THE ADDITION OF A NEW PARAGRAPH D AND 1liE RELETlERING OF PARAGRAPH D TOE. PERTAINING TO CHARITABLE FUNDRAISING SALES TAX LEVY. Voteraulh: Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner . CL1pp . Bums Nays : None Motion carried . (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii), (iii) ud (iv) ON SECOND READING. (i) ORDINANCE NO . 83. SERIES OF l'J98 (COUNCIL BIU NO. 73 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING ORDINANCE NO . 25. SERIES OF 1995 . (ii) ORDINANCE NO . 84 . SERIES OF 1998 (COUNCIL BILL NO . 76 . INTRODUCED BY COUNCIL MEMBER HABENICHT) AN ORDINANCE REPEALING TITLE 2. CHAPTER 9. SECTION 8. ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE SUNSET PROVISION FOR THE CULTURAL ARTS COMMISSION. (iii) ORDINANCE NO . 85. SERIES OF 1998 (COUNCIL BILL NO . 77, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING TifE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM THE UNITED STA TES DEPARTMENT OF JUSTICE. OFFICE OF JUSTICE PROGRAMS. BUREAU OF JUSTICE ASSISTANCE . ' • ...... I· • 0 , - - Englewood City Council December 7, 1998 Page8 . ' • • , . • (iv) ORDINANCE NO. 86 , SERJES OF 1998 (COUNCIL BILL NO . 78, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORJZING A SHORT TERM LEASE WITH SATO'S FLOWERS FOR USE OF A PORTION OF THE HOME LUMBER PROPERTY AS A SEASONAL NURSERY STOCK BUSINESS. Vote results: Ayes : Council Member.; Nabholz, Garret!, Bradshaw. Habenichi. Waggoner, Clapp. Bums Nays: None Motion carried. (e) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i). (i) RESOLUTION NO . 103 . SERIES OF 1998 A RESOLlJTION BY THE CITY OF ENGLEWOOD AUTHORJZING THE CITY OF ENGLEWOOD, COWRADO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1999 COMMUNITY DEVEWPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROGRAM, TO ASSIST WITH THE FUNDING FOR THE FAMILY SELF SUFFICIENCY PROGRAM AND TO FUND A CITIZEN INmA TED IMPROVEMENT MINI-GRANT PROGRAM . Vote results: Ayes : Council Member.; Nabholz. Garret!. Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . 11 . Replar AJJCnda (a) Approval of Ordinances on Firsa Reading There were no additional items submilled for approval on first reading. (See Agenda Item 10 -Coosenl Agenda.) (b) Approval of Ordinances on Second Reading There were no additional i1crns submilled for approval on second reading. (Sec Agenda 11cm 10 • Consent Agenda.) (c) Resolutions and Motions (i) Director Gryglcwicz presented a recommendation from the Depanment of Financial Services to adopt a resolution approving a supplemental appropria&ion for Neipborbood and Business Development to cover higher-1han-anticipatcd costs for consultanu in 1991. Mr. Gryglewicz stated that this topic was covered al the previous S1udy Session. Tilis is a supplemental for Sl'°,000 for Neighborhood and Business Development. The resolution was assigned a nwnber and read by lillc : RESOLlJTION NO . HM. SERIES OF 1998 ' • . , .. •· • 0 I - • Englewood City Council December 7, 1998 Paie9 ·, • 0 - A RESOLUTION FOR TiiE SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS FROM TiiE 1998 BUDGET TO TiiE NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT (NBD). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) (i) -RESOLUTION NO. 104, SERIES OF 1998. Mayor Bums commented that this was discussed al some length al the Study Session and indicated to the consultants and staff that CDW1Cil woold like lo be informed if then: arc increases in costs. especially on a monthly basis. for our consultants. He said he does not think anyone begrudges the work and time that has been spent on the Cinderella City project. which has been moving at a very fasa pace in the past year, but, we don't like surprises when it comes 10 budgeting. We understand why the 1999 Budget did not have consultants funds in ii because wc thought we'd have our contracls completed in 1998. but wc lllldcnland they'll be coming back 10 Council with funher costs in the future. he said. and wcjUSI want to be informed . Vote results: Motion canied. Ayes : Nays : Council Members Nabholz . Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums None (ii) Plmmer Graham prescnlcd a recommendation from the Depanmcnl of Neighborhood and Business Development to adopt a resolution supponing the redevelopment of the General Iron Works propcny. Council Member Waggoner said he w1derstands there is some additional infonnation 1ha1 needs 10 be gathered on this panicular propcny and some negotiations between staff and the propcny owner. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT THIS MATIER BE POSTPONED UNTIL THE NEGOTIATIONS ARE FINALIZED. Council Member Garrell asked when the comment period is over at the State for us 10 get any kind of infonnation in. Mr. Graham responded that his w1derstanding is that the response from the health depanrnenr 10 Alias Metals has lo be complete by December 21 •. Council Member Bradshaw commented that she hates stuff like this. Council Member Ganctl noted we wouldn' have lime 10 have an)' action. Mayor Bums asked if staff n:commends approval of this resolution just for the value it might have al this time. He said he undcrslood that is what we were talking about al Study Session. Mr. Graham said yes. even if an amended restrictive covenant 1s agreed to . thi s still puts the Ci!)· on record rcgan1ing land uses and keeping our options open on land use for 11~11 propeny . He s.1id he would encourage Council 10 approve it for 1ha1 reason . One of the reasons is. as he unde rstands ii. that you can ·1 adopt restrictive covenams that arc contrary lo public policy. so ii would be unenforceable 10 adopt these covenants that run contrary 10 a resolution like this. Mayor Bums said he thought counsel for Atlas indicated that lhC)· thought they could word this so that ii would not be as restrictive as the original dran . Council Member Habenicht asked Cow,cil Member Waggoner to withdraw his motion. because she feels this should be voted on tonight. ' • ' ,. - .. •· • 0 f - • • Englewood City Council December 7, 1998 Pa,=c 10 '· • 0 • ... COUNCIL MEMBER WAGGONER WITHDREW THE MOTION, AND COUNCIL MEMBER BRADSHAW WITHDREW THE SECOND. Council Member Bradshaw said she is concerned that this is the eleventl1 hour and we arc getting this at the last second, and this is a pretty important issue . She said she just wishes that we would get things in a more timely maruler where wc would have tl1ink time. Mr. Graham said we respond to notice from tl1e health department that tl1e item has been submitted for their review and arc subject to their time frame . so that tllis was as soon as wc could get the item on the agenda and meet their deadline for response. Council Member Nabholz said she thinks it is very important that wc go ahead and make a decision on this tonight as this has been up in the air a long time . The n:solution was assigned a number and read by title : RESOLUTION NO . IOS , SERIES OF 1998 A RESOLlITION SUPPORTING REDEVELOPMENT OF THE GENERAL IRON WORKS PROPERTY BASED ON AN ENVIRONMENT AL RISK ASSESSMENT FOR A FULL RANGE OF LAND USES THAT ENHANCE AND PROTECT THE HEAL TH . SAFETY . AND WELFARE OF ENGLEWOOD CITIZENS. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 10~, SERIES OF 1998. Council Member Habenicht said that she agrees with Council Member Bradshaw. and docs not think that the reason that this is coming to us at such an eleventh hour kind of thing is any fault of the staff. She said she just wants to make sure that it's on tlic record . Vote results: Ayes: Council Members Nabholz. Gam:tL Bradshaw. Habenicht. Waggoner. Cb1pp. Bums Nays: None Motion carried . (iii) Director Fonda presented a recommendation from the Utilities Deplrlmem to approve. by motion. an q,ecmcnl with S & H Concrete rcpnling water and sewer tapL Mr. Foada acknowledged that this item was discussed al some length at Study Session and the Utilities Depatnmit has no objection to passing this resolution. Mayor Bums said COW1Cil Wlderslands. with regard to discussion about the discharge permit. that tllll will come back to them and they will be informed as to how that progresses . Mr. Fonda responded affirmatively . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AN AGREEMENT WITHS & H CONCRETE REGARDING WATER AND SEWER TAPS FOR DONALD AND JUDITH GILLILAND. Ayes : Council Members Nabholz. Gam:tt. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . 12 . General Diacu11lon ' ...... ,- I· • 0 I - • • • • • t• • Englewood City Council December 7, 1998 Page 11 {a) Mayor's Choice (i) Mayor Bums congralulmcd lhc Englewood Flower Shop. He said he saw in the paper where lhcy donalcd 500 carnalions to elderly and disabled ci1izcns. (ii) Mayor Bums said 1hey mcnlioncd before 1he Lions' Handyman Program, where lhey recruil volunteers to do home repairs for seniors. He opined I.hat 1.his is an excellent program. (iii) Mayor Bums staled 1.hal he and Cowtcil Member Nabholz have just returned from the National League of Cities Conference in K.;msas Cily. where there were a number of excellent workshops thal they attended. We were struck. he said. by lhe emphasis on lnlemet sho:,ping. lbcre were all varieties of Internet uansactions thal were discussed. including staffing. hiring. purchasing and an Internet economy is rapidly emerging that cities ha,'C to be aware of. Also. lhis is the first conference where they had youth delegates. and there was q11i1e an emphasis on youth. The fmal general session was conducted by the mayor of Kansas Cily. he relalcd. wilh a panel of lhe you1h volunteers and attcndccs. It got quite a play in the press in Kansas City lhal. for 1he lirsl lime. lhis organiza1ion was emphasizing youth. Tiiey also emphasized stale. federal and local coopcra1ion . Tiicrc ,\'Crea number of significanr awards that were given by NLC 1hat he is nOI sure Englewood is 1ha1 cogni7.ull of. Li1tle1on won an excellent award for wha1 1hey call an economic gardening program. where lhcy help facili1a1e their local businesses 10 use tbe Internet. One big issue. and certainly 1he prcsidenl in his remarks was very blunt aboul this. there is a great controversy about purchasing on lhc lntemcl wi1ho111 paying sales Laxes . Some of the cities arc using lhe Internet and lhe GIS system in order 10 demons1ra1e 10 rc.,llors and developers and business people where land can be had in tlie city. where de\'elopmenls can be had. additional business. If you build all of lhose 1llings. of course. you have 10 have the infrastruclurc. Ilic police and fire and tlie water and sewer and so fortl1 . he said. If lliey are retail cstabl isluncnls. and lhcy arc selling on the lnlemct. and expanding their facilities because of increased sales. they may not be paying sales 1a.xes on those increased sales . As one gentleman mentioned. arc wc encouraging the animal that is going to cat us? 11iere were tlu'Cc amendments to the bill in Congress. he said. TI1cre was a lhrcc year moratorium on tax on lntcmet sales, and the tlu'Cc aniendmcnts came from the National League of Cilics, and there was a commission appointed to study tllis. During the interim. NLC dcspcralely foughl lo keep this bill from being passed. and they still lhink tliey have a crack at ii . but ii is going lo be a very big issue for cities in the future. Council Member Habenichl commenled 1ha1 we ccnainly have been 111011i1oring tllis from the City's point of view. and slie said she has spoken a nwnbcr of limes 0111his when she attended NLC and served on tllC Fair Policy Committee. Al Ilic same lime. 100. she said site 1hinks 1he OIiier issue tltal wc talked about in terms of telccom111w1icaaions and 1he kinds of franchises or wha1C\·er kinds of laws dtal work around this, it's all a pan ofdte same tiling and pan of Ilic point di.11 site was ll')'ing 10 make the last time with a lot of the questions that she had. was that \\'C are really looking at Ilic way ci1ics and commwlitics and businesses do business and how it is going 10 affect all of us in tlic fulurc in tcnns of revenues being able to deliver all of those services. She said she lhinks cad, lime we have one of these issues before us. M: hnc to really look at it very c.1refully with the impact tli.11 ii could have down Ilic road when wc really change the way we do d1ings . She said site did her first Chris1mas sl1opping on lhc lntenicl and it is pretty interesting. Mayor Bums said also takings legisla1ion is an imponam issue and any preemption issues at the federal level . He said lie lllinks the cilics feel as !hough a lol of 1heir dec ision making power is being taken away from 1he111 and I.here is a gre.11 conccm aboul 111.,1. Council Member Habenichl said we need to do some stuff. (iv) Mayor Bums also rcponcd on 1he visil 1ha1 City Manager Scars and he made to lhc Federal Transil Admirlistrntion on November ui. wilh regard 10 our grant application for Cinderella City for lhe bridge and for tllC bike path and so fonh . II was an enlighterling visiL lie opined. We had a very cordial . very friendly visit with Maria Feni.,nde1, who is lhe assistant director. and also their planner and one 01hcr woman who met with us was on Slaff. We were lold that the 20 million dollar nationwide fund available for lhesc kinds of grants had sltrunk lo 12 . because 8 million dollars had been carved out in the budgcl process by cann.1rking. and -4 million dollars of it went 10 NASA. of all people. and they had ' • ...... ,, - • . • • • 0 ' • • ', • En~lewood City Council December 7, 1998 Pa,:e 12 some son of sa1elli1c moniloring system . Mayor Bums said lhal Ci1 y Manager Sears lold him today lhat he talked with RTD and they think Iha! thal 8 million dollars may nor. in fact . be coming oul oflhe 20 million after all. It may be: an addition lo iL he said. Anolhcr ll1ing is 111.11 ll1cre were an cnonnous amount of applications for this. hundreds of applications, for ll1csc funds . Tiiey had noc established how they were going to cul down the list. he said, and llicy were going lo have a final list, and if you arc sclc:cled as a finaliSL you will submit more infonnation for lhem for Ilic final competition . Mayor Bums said they had never done this program before and they were obviously just son of wading their way through il We asked who their panel would be and they said lliat was not for public dissemination. so it got very undefined during the discussion. he said. and we arc hopeful lhat we can still be: competitive in this program. but we have no idea what kind of politics is going on behind Ilic scenes. We arc still hopeful we can be competitive in the program, he advised. As we discussed this. he said. the plaruicr volunlllrily, without prompting from anyone. and we had all of our maps and designs and everything for Cinderella City spread out in front of them. and he said. you know. we have asked cities around the counuy for years IO do wllll you arc doing, and you arc doing it. It was obvious from llicir comments that they loved this development They ll1ink it is terrific and that tlicrc is noching quire like it in tlie counuy . so we are hopeful that. if it is noc ll1is program. it is others ... they will be very supponive of. Obviously it is their contract that RID has to build Ilic liglll rail and so we arc very hopeful in otlier ways that we can get some additional cooperation and funding from thm . lie said. because ii is very obvious 111.11 llicy are extremely pleased with d1is contract. Tiicy were very friendly, they were 1101 defensive al all. he opined. as far as our application for funds was concerned. lhcrc was no ncga1ivi1y in llial mccling al all and 1hey were exlremely cordial to us and very fncndl y. The program i1sclf. he allowed. is nol very well defined at 1his point. Mayor Bums asked City Manager Sears if he had any other commenl . Ciry Manager Scars said no. but he could gel inlo a Huie bil of discussion about RID during his rcporL (v) Mayor Bums asked iflhe employees' Christmas pany is on lhe 1s• or 16•. Mr. Scars said it is on the calendar for the I s•h from 11 :00 a.111 . to 3 :00 p .111. at the Englewood Golf Course. He said hopefully Council can come to dial. Council Member Bradsliaw asked if they arc invited, to which Mr. Scars responded Mabsolutcly ." It is a very infonnal get together, he said. adding that we are not gcaiDg into boards and commission. it is really to appreciate lhc work of the employees. but it is imponant lO have the Council there . (vi) Mayor Bums noced the anicle by Mark Graham and Bob Simpson in Oovcnuncnt West Magazine. Building a Transil Village . with regard 10 our development. commenting that it was nice to sec that . (vii) Mayor Bums said he again enjoyed the Business Development Ncwsleuer. They pack an awful lot of information in it. he said. and do an cscellcn1 job. (b) Couocil Member's OIOicc (i) Council Member Nabhol z: I . She llianked Safet y Services Dirccror Olson and City Manager Sears for taking care of some consiruction this Friday. and also 1he Police Depanme111 . 2. She lli.111ked Ilic office of Neighborhood and Business Development. and all the ocher employees. who have been working so hard on tlie Cinderella Cit y Project . It was a linle tough on everybody tonight, and we arc gcning there slowly but surely. she said. 3. She thanked Council Member Bradsliaw for driving her distria while she wu gone . 4. She thanked Council and her constituents for allowing lier to go to Kmsas City . She aid Ille would have her rcpon . She said she and tlic Mayor took different classes so they did noc overlap on anything, however, llicy both did appear at a Brownsliclds one that was \'Cry interesting. She aid she • . .. •· I • • • Englewood City Council December 7, 1998 Paa:e 13 • 0 • focused more on planning. community development. neighborhood involvement and youth involvement. Last year was the real year of learning, and. as she told Mark Graham. this is her second year. so this is the year we implement. Mayor Bums said it was amazing that. with 4.000 delegates. we could always find each other. (ii) Council Member Garrell: I . He said earlier there was a get together with the Code Enforcement Advisory Committee. and it is turning into a committee that he feels Council envisioned when they set it up. They are working very hard and the education committees are doing an excellent job. If you got your water bill. he said. besides being depressed by what it costs, you also got a nice flyer. as they are starting that process of education. which they should be commended for . 2 . He said he wanted to bring something up that he saw on television, that was fascinating. about roadways. One of the things we have in Englewood. especially as we become more wban in nature. is noise. What this study suggeslcd is that car noise is not from engines any more. engines have gotten pretty quiet. it is the tires. Tiicy showed this rubber compound that they put into the asphalt, he said. which really lowered the levels of noise just for cars going back and forth . When I think of some of the roadways where we have noise issues. he said. Union being one and Oxford being another. that if we were selective, maybe. because it is a bit more expensive. because is creates a belier quality of life for our City, it is something wc maybe should explore. Mayor Bums asked if that was on the microsurfacing or was it a full surface. Mr. Garrett said he actually could not tell . But they were putting down this surface. and a guy that lives by one of the highways in Britain. it is a French product. and he said he used to be upset with truck and travel and now you hardly even notice the street anymore, because it cushions the tires. City Manager Scars said we will do a follow-up on that. He asked if Mr. Garrell knows the product at all . Mr. Garrett said it is made in France and basically it is jUSI rubber pellets that they put into the mix. (iii) Council Member Bradsl~1w : I . She reiterated what George Allen said. that she thinks ii behooves us to reserve some space in City Hall . Six hundred square feet is not very mnclt she said. when you look al Ilic overall tolal . She said she would just like lo rci1era1e lhal 11131 is important. 2. She asked Neighborhood and Business Dcvelopmenl 10 have in Council's hands by February 1•. is an open space zoning. She asked if lhal is a doable llling. Dim:tor Simpson responded from the audience thal thcy would sure give ii a try. Ms. Bradsl~,w said slic lhinks fifteen moNhs of asking for it is enough. 3. She said slic would like lo have the group home list, however 1ha1 can be done. because she asked for 11~11 . She said slic is just lrying 10 go back on whal slic asked for a year ago . 4 . She said Ilic Sou1h Suburban Park Foundation. al our nexl 1nec1ing. would like 10 have someone from Neighborhood and Business Dcvelopmenl come and prcscnl Ilic plan lo die whole Foundation. She asked if he knew who lhose guys were . For 1he bike palh folks. sl1e said. because wc would like 10 sec what is going on . She said she thinks tltll would be a preny good PR tiling. Wlicn we have a meeting, she said. as nceded ... Dcbomh Weems sl1ould be calling Dircc1or Simpson . .S . Slic said slie chinks wc are going lo be i111erviewing Dis1ric1 Ill candidalcs in January, and we also have several board and commission appoi1111ne111s 10 do. She suggested having a questionnaire for the candidates. Ms. Bradshaw said she nic111ioned ii previously to Mayor Bums and they thought they should fly ii through Ilic rest of lhe Council. Just some basic questions. she said. so thal wc have some representative of lh:U person before llicy walk in for Ilic in1crvicw. ' •• ' "' - •· • 0 , - • • Englewood City Council December 7, 1998 Page 14 • 0 C• • Council Members Habenicht and Nabholz felt it was a good idea. Mayor Bums agreed, suggesting some basic questions about their knowledge and perception of tbe Cinderella City project, or even the South Broadway Action Plan. improvements on the Water Treatment Plant and code enforcement. Ms. Bradshaw said it would be just a general questionnaire on City issues. not a lest . COW1cil Member Garren suggested wording it like do you like the general direction of having a transit oriented development. Council Member Habenicht said she doesn't want questions thm ask do you like or don't you like. Council Member Bradshaw said it needs 10 be open ended. Ms. Habenicht agreed. suggesting wording such as what do you know about the South Broadway Corridor and what direction would you like to see it go . She said she prefers those kinds of questions. not asking for a vote of approval or not approval. Council Member Bradshaw said they used ii for school board candidates when she served on the CEA and Englewood Educator screening commillccs. and it really helped. But. she said. I don 't know if that is an issue or not. Council Member Habenicht said she docsn ·1 think we should be trying 10 grade them on whether or not Uiey arc going to vote with us. but it should just be a knowledge base. or just get an idea of how they approach issues. Ms. Bradshaw added Uiat it son of serves as a study guide for them to know what to study before they come in for U1e interview. Mavor Bums said if we liave their answers when we conduct the interview. that will be when we have the rcai discussion with them. but we can use ii as a take-off point 10 ask questions at the interview. Council Member Bradshaw asked Cow1cil Member Habenicht if she would help her do that . Ms. Habenicht responded affinnatively. Ms. Bradsliaw suggested tliat if any of the other Council members have questions Uiey should get tlicm to Ms. Habenicht or lier. Council Member Waggoner asked if she was talking about just Uic candidate for District Ill. Ms. Bradshaw responded affinna&ively . Regarding boards and commissions. Ms. Bradsliaw said slic is Uunking they arc going to have so many people to interview. tliat maybe we should just olTer 10 persons already serving on a board or commission, that maybe they just submit a letter saying that tliey would like to continue. just Olis time only. She said slie personally docs not want to look at two nights of intcn•iewing. Council Member Habenicht said she tlunks it is imponant 10 liave people apply and have the process go as it is. She asked if tliey would be interviewing with Ilic new council member yet. Mayor Burns said yes. we would. Mr . Garren said the 1s• is the appointment. Ms. Habenicht said slie would think that if she were a new council member that she would like the opponunity to interview people. Mayor Burns said he thinks that is a good point . but suggest that. ratlicr than having ten minutes for each interview, maybe five for someone who is asking to be re-appointed. He said he recalls from the past tbal they have done some of those rather quickly wlierc we know the person who is applying. Council Member Bradshaw said she has sat through two of those proccsscs and feels that if people arc doing a good job and they want to re-up that tlicy could just write us a letter and say they arc interested. Mayor Bums said Ms. Habenicht docs have a point about the new council member. He asked Council for tlieir thoughts on that . Council Member Nabholz said possibly. but slie couldn't speak for a new council member. She said she is on both sides of the fence on this orie because it is difficult 10 go tlvough two rughts of interviews. buc it is also. for someorie who has been on a board and commission for two years or four years. to c:ome back in when you arc already known for doing a good 1en11. ' • ..... I' - I . .. •· • 0 , - • Englewood City Council December 7, 1998 Page I!! • • • ... Mayor Bums asked if it will take two nights. Cowtcil Member Bradshaw said we have 28 already . Executive Assistant Sue Bradshaw responded from tlie audience tliat tl1erc arc 29 vacancies, so. depending on the number of people who apply, you could have 60 applicants. Mayor Bums asked if the decision could be made after we see how many applicants we have. Ms. Habenicht said she thought lhal would be a good idea. Mayor Bums said we might have only one night's wortl1 of interviews. and ifwe have two, we might then make a decision that all those who have asked to be re-appointed, we will just go ahead. Ms. Habenicht said she just doesn't want 10 feel that we arc making a blanket rc-appoinlmellt just if you reapply. She said she doesn '1 feel that is the appropriate thing lo do. either. Council Member Waggoner said they may want 10 get rid of somebody. Council Member Bradshaw said that doesn ·1 mean tliey would get appointed. Mayor Bums agreed that they have not appointed people in the past who have asked 10 be re-appointed. Ms. Bradshaw explained lhal just because they write a letter. docsn~ mean they gel appointed . She stated that what she is uying 10 do is. those are people that wc know. and tlien maybe they could spend more time with the people dial are new . Ms. Habenicht said tliat makes sense. Council Member Bradshaw said. one of our criticisms as a Council from the public. is that once people get on boards and commissions. they Slay forever. And, she added. from any population. lhcrc arc a certain amount of people who want lo be involved. and I understand that demographic. but I don ·1 want lo discourage people from applying just because they arc not known entities. Ms . Habenicht said she thinks she understands now. that slie thought Ms. Bradshaw was suggesting that a letter was just an automatic appointment . Ms. Brndsl~1w said absolutely not . Mayor Bums said he thinks wc can also take a look at how many applicants wc actually have. We may not really have a problem here. depending on how many applicants ,ve have. Ms. Bradshaw said if they want an interview. let them. give them an option. Ms. Habenicht and Mayor Bums thought that was a good idea. Council Member Oapp said she would hope tl181 Ilic new council member for District Ill, new or not, she would hope lhal lhal particular district would not go without a voice. Council Member Bradshaw asked her to say it a different way. because she did not get it . Ms. Clapp said if you appoint mmconc to this seal prior 10 the interviews. she would hope that District Ill would have a voice in all the selections. and not be left out of anything. Mayor Bums said. at the same tinic. lets sec how many applicants we actually get . Council Member Bradshaw said she does not feel that you do a good job afler you talk to thiny people . It getS down to jllll a numbers game. (iv) Council Member Clapp: I . Slic said she would like to thank Ilic Code Enforccnient Advisory Committee that Council has appointed. Slic said sllC thinks they have done a real terrific job. in looking at all of their work . They still have some work ahead. but a great deal of progress l~,s been made on tll8t. 2. She advised 11181 Local Govemnicnl is 01ie of her comminecs. so she will keep in touch and let them know what is happening witl1 tha1 . 3. Slic asked for another application to be faxed 10 her. ror this Council scat. as she has bad a a,uplc of requests. 4. Slic said it is an excellent idea to include South Broadway and Cinderella City in the quaaioas ..a finding out the background. The South Broadway Act ion Plan n:ally affects Dillrict III llld came aboul ,,,_ • I • . ... I· • 0 , I - - • Eni:lcwood City Council December 7, 1998 Page 16 • 0 • because of the types of uses and things 111:11 we l1:1 ve 011 111:11 area . She said she reall y wants to see that continued. (v) Council Member Waggoner said some time back we had three ordinances that affected the Englewood Housing Autl1ority and City Manager Scars was going to take a look at that and detennine whether they were still necessary. and he did not recall coming to a final decision on that. City Manager Sears said we put that into the Project BUILD discussion of which a commince was formed with Council Members Clapp and Garrett. He thought that committee decided at that time to put off until October discussion of that and he did not tJlink he had raised tJiat back up . Mr. Garrett said one of the issues that came up, with the different activities tl~,t we are doing that may be outside the Cinderella City project. is that the use of the Project BUILD funds may be necessary in other arenas. so that was son of put on hold. because the decision making process comes easier if the account balance is zero , as far as Project BUILD . Mr. Waggoner said they were also discussing where the personnel should be budgeted . Right now they arc under the managers. Mr . Scars s.,id right now they are still under Neighborhood and Business Development. In fact . we liave two of the employees who are now back into the City Hall from the Housing Authority. He asked Director Simpson to comment on where tliat is or where we should be moving in regard to those ordinances. Director Simpson stated tliat we had ini1~1ll y placed the issues of the Housing Authority Agrcc,ncnts on hold for tJic fall. and tJ1at was at the request of the commillcc . Because things liavc remained 51.alUS quo for tJie entire year on that area. and ProjeC1 BUILD funds ha ve been expended in ollier wa ys. he cll:plained, we have moved tJ1e two employees 111:11 I still l1:1d under my authorit y. back full y ph ysicall y within thc building. as much as possible . At least one of them . and we are working on tJie second one as quickly as possible . Janet Grinunett is 01ie emplo yee. she 1s working on Rehab . saill continuing that function. and I am looking to ell:pand additional fwlClions for her related to Housing. he advised . Steve Ozburn is the second individual and we are still trying to define some of his duties . A lot of his duties CWTC11tJy arc related to Rehab inspcctions. and prc\"iousl y. Project BUILD inspections. so thcrc is some additional duty redefinition required in tJiat area. and we are looking at th,M. Ma)•or Bums said he is also project 1n.,nager for the townhome development. wllich is under c:onsuuction. Mr. Simpson said tliat is correct. and he l~,s been talkmg with tlie Housing A111bority DiRICIOr about bow we can contract back to the Authority and pay for some of the time that may be e,cpcnded from Mr. Ozbum 's time back to 1hc Authority . So we arc 1~111g to "'Ork out some ofthal, he saicl. We will probably be coming back to Council with some suggestions on bow that wortts. but be thought they wanc to ,et i.:t with tJie subcommittee first . City Manager Sears said pan of tlie reason we \\ere holding off 1'i tb tlus subcommincc was that some of thc funding within Project BUILD we were look mg al m tc:mts of propen) acquisition. so thal is a little bit unclear. Mr. Simpson said from a management standpoint . some of the more immediate cona:ms of some unusual and very difficult management structures of 1~,\'ing employees not rcponing to tlie manager tJiat they arc responsible to or responsible for . He: said he feels 11~,1 situation J~,s begun to correct itself. and it is because he and Ms . St. Clair l~we l~,d on-going discussions and he reels they h.we come to agreement outside of all these other discussions and that panicular mamgcmcnt stmcturc: l~is improved . Mr. Sears s.1id we will take: a look at that ag;1in . Mr . Waggoner said it seems like we should citJier drop tJie issue or bring it back . Mr. Simpson said we \\ ill lm\'c: 11~11 discussion for Council very soon. and. hopefull y. we can drop it. Council Member Brndsl~,w tl 1:111kcd llim for his work on tJlis . (vi) Council Member Habenicht : ' •• ..... .. • • • 0 , • • • Englewood City Council December 7, 1998 Page 17 • 0 • I . She said that . driving down Broadwa y. she was noticing lhc windows on some of the Slore fronts are decorated in all different ways . and some aren ·1. you know for 1he holiday season. and she was wondering if perhaps Council Member Waggoner could suggest that Ilic EDDA. for some of the downtown windows. might work with some of the an teachers al Ilic high school. She said she remembers. years ago. when an classes would work in cooperation with IJJC downtown businesses and give some of their windows for kids to do winter scenes and the like. She s.1id she was just thinking lliat would be a nice thing to try to bring back into our community . She recognized that ll1is year it is too late . but asked him to share that. Mr. Waggoner suggested liaving City Manager Scars write a letter to Harold Celva in that regard and suggest something like lliaL 2. She said she has had a request from a citizen asking if we would look al doing video speed ticketing again. She recalled talking about that six months or a year ago. but we son of put it away. Council Member Clapp suggested ll1ey wait on that ;md sec what the outcome of this next session is . City Manager suggested Council wail for a period of time and then come back . 3. She said she has been driving ll1rough the city at night and seeing all the beautiful Christmas lights. Your work is cut out for you ll1is year. she commented, on doing that contest. Every year they just get bigger and better and more beautiful. 4. She said she is not sure if anybody else noticed. but she was really glad there was a little anicle in ll1e Herald about Chris Gunn. who is a gradu,11c of Englewood High School and panicipau:d in our Parks and Recreation Sununer 1l1eater Progr.un for a nwnbcr of years . He is a very talented young man. who has been appearing nationally on Wendy · s commercials and he has also had a role in Homicide : Life on thc Streets. He was on Friday night and he 'll be on next Friday night. so if you want to watch an Englewood boy looking good. doing good . 5. She s.1id when we arc talking about the Historical Museum having sonJC presence for storage in the new City Hall. cenainly it makes sense . because they have storage in this City Hall. She said she thinks we need to continue lliat liaison . But at the s.1me time. it reminded her of when she was first on Council, we had a half time librarian who was dedicated to Englewood history . She said sbe knows wc have been cutting ll1e Libra!)' over the laSI ten to twelve years. that was one area where wc took some really major cuts from a very small dcpanment . She opined that we really need to look at perhaps. since wc have such a strong Englewood HiS1orical Society, with their own curator. and building their collection. thal wc should have a comparable work ctron going on in our own Englewood Public Library , to have !hose Library sources. because there is a linlc difference between a library collection and other historical collections . She said she feels they need to be working together and she would like 10 sec us look toward expanding thal again . or recouping 11111. 6. She said, regarding Housing. she just son of threw ll1is idea out to City Manager Scars, and he said she ought to talk to Council about it. and she keeps forgetting to mention it to anybody , but when we talked about Housing again. wc liave a lot of concerns over what we arc doing in terms of the housing thal goes into Cinderella City, and the level of housing that we have . We have a senior housing. wc arc tallting about affordable housing, we have to have a comprehensive approach to housing throughout the whole City. She said she was thinking that maybe , with the South Broadway Plan. we could eannark some of the properties lliat are motel propenies. that are generally not being utili1.cd so much :is motels anymore, but as housing units. and. maybe . if we arc going 10 be looking for moderate and low income housing. how about in !hose places where those propenics could be bencr utilized in an area that could stand more traffic. to look at ll10se areas where we do some creative kind of affonl.1blc housing things and really preserve that Cinderella Ci1y sue for the more upscale housing 11~11 we have been talking about . She said that was jUSI a 1l10UghL Mayor Bums said 11~,1 is wl~11 Cinderella Ci1y 1s...upscalc . . - ' • .. • • • C , - Enilcwood City Council December 7, 1998 Page 18 13 . City Mana1Cr'1 Rcpon • • t• • (a) City Manager Scars informed Council that he did a walk through on the Water Treaunent Plant. We haven't really raised that back to Ilic Council. he said. but it is moving along in really good fashion. It is probably in the neighborhood of 30% to 4ll% done. llicre will be some low flow over the Christmas time to rccoMCCI one pipe and put another pipe in over there. He said he would get Director Fonda to give an update on that . but it really is an exciting project. a lot of concrete in the ground right now and the plant actually will stan changing some of the filters in the next couple of months to use some of the filters that actually have been built. So tlicrc may be some noticeable change in our water system as a result of that. so it is exciting to see that go ahead witl1 some of the other stuff that is happening. (b) City Manager Sears advised that next Monday night. there is a pretty big meeting. David Tryba will be here to talk to the Council about where we arc right now on the City Hall. the Foleys building. We will go through it in a liule bit liner detail what will happen and we will relate to him about the storage over there. I think they have accoumed for that . he said. and rm sure we·vc goc the spice. but we need to earmark lhat :md we will talk abou11l~11. In addilion. we ·11 give Council an update on where we are. Mr. Sears said he knows 1ha1 Miller-Weinganen 1~,s been talking 10 a munber of tenants and he expects that tl1cy will have a list of suggested 1e1~1111s 11~11 they l~1ve been working with as they finalize their project. He emphasi1.cd ag.1in 11~11 we have been having very intense meetings on a daily basis with Sawiders. who is tl1e contractor for Miller-Weinganen. and our consultants. Tryba and tlie various players. to come up with exactly what the cost of all 1he roads arc. NBD. Public Works. Director Black. everybody have all been working c.,11rcmcly hard. he said. We have a great allorricy here in Mr. Brotzman. who doesn ·1 get mention very often. he said. but lie is at these meetings with Mike Miller to try and finalize a loc of the detail . Right now they arc inlo the level of asphalt. 1he grading plans. costing out everything. and that is prclly exciting. because we arc to a poinl of actually gelling 1hc project into a final state so we can finally get a foundation poured and the construction moving ahead. One of the key clements of the plan, he pointed out. is RTD. As the Mayor mentioned. we met with RTD and. due to the work of NBD. we actually were an applicant with DRCOG for $2 million. to use those funds for enhancements. We met. even last Frid.1y. with RTD again. about Ilic anicle lhat was in the paper in 1em1s of the additional funding that may be tlierc. or sources of funds. being under budget and ahc:1d of scliedulc. He said thal Council Member Habenicht advised him about a meeting last llmrsday night with RTD. and RTD is somewhat light lipped about those funds. they have a contract ... Jammry 15'1o. before llicy actually have a final number tlial tl1cy can have in terms of being wider budget . II was rccomnicndcd by Andy Leong, with RTD. that we make contact with them 10 let them know about our plans. Mr. Scars said he did contact John Claflin today :u1d we arc going 10 be mccting O\·er the nest couple of days. llic timing of this is absolutely essential. because tlie project has 10 include caissons :uld foundations 10 meet Slnlctures. so the contractor. Miller-Weingarten. is not going 10 sign Ilic project umil they know what kinds of levels of costs there wiU be 10 do that. Mr. Sean said we will be meeting with tlicm. but lie is 1101 sure we will get an answer. bu& they will come back 10 Council. probably next Mond.1y night.. We will know where we are with the....._ and also have a better idea where RTD is on it . so 1ha1 we will probably be phuming 10 go 10 the board after Ilic first of Ilic) car "ilh sonic specifics. askmg for those f1111ds lo be used. Tlic key on this project is not only 1 lie bridge enl~,ncen1ents. but also p.1rkmg and so they arc very aware of what our needs arc and we are gomg 10 contimic over Ilic ne.~I couple of weeks 10 remforcc 11~,1. 11~11 . lie said. is really one of our biggest focuses. (c) City Manager Sears s.1id 1herc "as a project tl131 was on Galapago last week that was a person building without a building pennit. or exc.1va1ing. :111d tlicy have been shut down . II is a gun shop over there. :uld they are working with our Building Dcpannicnt to gel the pcnnits 10 proceed . Our staff" Slcppcd fonvard. Police/Fire were tlierc. and Public Works. 10 prolcct tlie srrcet . so that is back Wider control. (d) City Manager Scars s.1id there is a Scarburst award Thursday nighl. Council Member Bradshaw advised it's at the Golf Course Club House at li 00 10 7 30 p m . "' - • . .. •· • ' - En&lewood City Council December 7, 1998 Page 19 <. • ,.. • • (e) City Manager Sears said to make sure they come 10 the employee Clvistmas puty next week. 14 . City Attorney'• Report City Anomey Brotzman did not ha~ any mallers 10 bring before Council . . , • . .. . ., • • 0 I I • -• • - .. • • 0 I --I - • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 7, 1998 7:30 P.M. 1 . Call to order. v/ .' 't)_~ 2 . Invocation .(}~ 3. Pledge of Allegiance. ~· 4 . 5 . Roll Call. 7 ~i}- Minutes. O/fJ'l-0 a . art'7-0 b . Minutes from the Regular City Council meeting of November 16, 1998.~ Minutes from the Special City Council meeting of _November 23, 1998. /Jll;.i~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) 7 . 8 . a. Carolyn Armstrong, President of the Colorado Parks and Recreation Association, will present the President's Award to Gene Felling, Vice President and General Manager of Universal Concerts, for his support of the Safe Summer Program. Non-Scheduled Vi sitors: 1(Please limit_y~urJ:>~eJ141ntaN>n to five minutes.) ~. q Eoll,,i.-AU£u (H~!H-7:Q!/LTYJ /;. "~lJJ£V UAt.P ()J I U-of" M!/C.£ ,eo~(Att.,f-f. /t/t.TAl-1-11,&A..J "\ Communications , Proclamations, and Appointments. / /J .l')JhJij '7 -0 a . Letter from Dena Zocher indicating her resignati<W,._fro~ lhJ Clean, Green and .,,.,.-,..,..,.,. Proud/Keep Englewood Beautiful Commission. 0 ~ ~ , 1 _ b . Letter from Llomar Warren indicatinQA'er resignation from the Englewood Code !A.fl~ f -O Enforcement Advisory Committee. / /~ • 9 . Public Hearing. (None scheduled) ,,e-- PINN note: If you have • dlNbllly and Mad auxlllary alda or wvlcN, plNN nallfy a. Clly of e& ... aood (303-712-2405) at 1Nat 41 houra In advance of when NrvlcN.,. IINdacl. Thank ,ou. •• ..... .. ., •· • 0 I -• • t• • Englewood City Council Agenda December 7, 1998 Page2 i. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #139 . STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. Recommendation from the Department of Financial Services to adopt a bill for an ordinance adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. d '7-() b Approval of~ Second Reading . /O (;- 1 , 11. ii i y--Jt/ ~ 11 ~cil Bill No . 73, a~r~ntment ofladdifional Fire Division fJ1d q,-g'3 administrative positions outside the Career Service System . ~J-e~ ii. Council Bill No. 76, removing the sunset provision from the Cultural Arts Commission Ordinance . ti4J:/1 ~ iv . Council Bill No . n, authorizing the acceptance of Local Law Enforcement Block Grant funding from the U.S. Department of Justice , Office of Justice Programs, Bureau of Justice Assistance . Council Bill No . 78, approving a short term lease with Sato's Flowers for use of a portion of the Home Lumber property . 'l ,t Resolutions and Motions. ~ !) · -ll -1/U-{)lJ (.() ~ tt. I ~endation from the ~Neighborhood and Business ~/j!J Development to adopt a resolution authorizing the application of 1999 Community Development Block Grant funds . STAFF SOURCE: Janet Grimmett, Housing Finance Speclallat. 11 . Regular Agenda . a . b . c . Approv~Ordinances on First Reading. Approval of Ordinances on Second Reading . Resol£s and Motions . Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for Neighborhood and Business Development to cover higher-than-anticipated costs for consultants in 1998. ST~ 5,!)~~~E; frank Gryglewlcz, Director of Flnanclal Services. vV J.Affl U/l-/ ,,, - PINN nca: n you have a dlublllty and need auxiliary alda or W'VlcN. p1aw na111y a. Clly GI Inglewood (303-712-2411) at INat 41 hours In advance GI when Nrv1cN .. Meded. 1-* you. • • • . • • • 0 -• .. • ·. • ~. •. Englewood City Council Agenda 'oec:ember 7, 1998 Page3 ii. Recommendation from the Department of Neighborhood and Business ·,,.::-Development to adopt a resolution supporting the redevelopment of the ::;i 7-0 General Iron Works property. STAFF SOURCE: Mark Graham, Planner~ iii. Recommendation from the Utilities Department to approve, by motion, an Cln~ J7_/)agreement with S & H Concrete regarding water and "r~r ~ps1 .STAFF ~ '(;-"' -l/SOURCE: Stewart H. Fonda, Director of Utllltles. ~ 12. General Discussion. a . Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. A~nt. f:52_r The following minutes were transmitted to City Council between 11/13/98-12/3/98: • Englewood Board of Adjustment and Appeals meeting of October 14, 1998 • Englewood Code Enforcement Advisory Committee meeting of October 21, 1998 • Englewood Cultural Arts Commission meeting of November 4, 1998 Plew noee: • you haw• dl11111111y and naad amllary alda or wvloaa, ,.._ nallfy ._ ca, ol 11 ... •ood (30l-7U-240I) at laal 41 hcNn In advanoa ol WMII wv1D1a .. mee1ae1-Thmk yau. . ' • . • • • 0 I I • • 1. 2 . 3. 4 . 5. • 0 • AGENDA FOR THE REGULAR MEETING OF I• THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 7, 1998 Call to ord~r. '7: 0-.~ Invocation. /}~ 7:30 P.M. Pledge of Allegiance. ~ RollCall. 7~ Minutes. - Off/'l-0 a. flffd?-0 b . Minutes from the Regular City Council meeting of November 16, 1998.~ Minutes from the Special City Council meeting of _November 23, 1998. ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) 7 . 8 . a . Carolyn Armstrong, President of the Colorado Parks and Recreation Association, will present the President's Award to Gene Felling, Vice President and General Manager of Universal Concerts. for his support of the Safe Summer Program . Non-Scheduled Visitors: ,(Please limit_y~ur:_p~e_j8nta~n to five minutes .) (. q£1Jl.l,i.-AUEv (H!Str)LltH-<Q!/lrY) Ir. A-rt9LJJ£1/ UIAP {J)/t..i, -,.. Mt!(£ ~~(At~ AUTAl-f--1lf)A.J \ Communications, Proclamations, and Appointments . / f1¥'7-oa . Letter from Dena Zecher indicating her resignati92... fro~ thJ Clean, Green and Proud/Keep Englewood Beautiful Commission . //J ~ ~ 1 , _ b Letter from Llomar Warren indicatinQAler resignation from the Englewood Code ~lllfW f-{) Enforcement Advisory Committee . I/~ 9 . Public Hearing. (None scheduled) ~ PINN note: II ya1.1 have a dlNblllly and nNd auxllary aide or..,..._ plNN notify._ Clly of !nglawood (303-712·2405) at !Net 41 houra In....,.,_ of when Nnlc:es .. IINded. Thalk you. • • ' .. • • • 0 , 2 - Englewood City Council Agenda December 7, 1998 Page2 10. • • , . • Offl?-0 i. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #139. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. Recommendation from the Department of Financial Services to adopt a bill for an ordinance adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. / '7-() b Approval of~ ~ond Reading . /O {,-1 , }j iii f-Jt/ ~ M ,1 JJ. ~cil Bill No. 73, a~on~ntment ot{dd~al Fire Division v u.r .,,,,-g,3 administrative positions outside the Career Service System. • Council Bill No. 76, removing the sunset provision from the Cultural Arts Commission Ordinance . Council Bill No . n, authorizing the acc~tance of Local Law Enforcement Block Grant funding from the U .S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance . WRr.P iv. Council Bill No . 78, approving a short term lease with Sato's Flowers for use of a portion of the Home Lumber property. 11MU1r;-l· u;:i;~MoffJiJ ~ l~d-1· tTv, ~ .. f" "# J{ecommendation from the ~Neighborhood and Business /)_ ,, Development to adopt a resolution authorizing the application of 1999 KJ,4H/ tJ !; Community Development Block Grant funds . STAFF SOURCE: Janet Grimmett, Houelng Finance Speclallat. 11 . Regular Agenda. a. b . C. Approv1r-Ordinances on First Reading. Approval of Ordinances on Second Reading. Resol£s and Motions . Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for Neighborhood and Business Development to cover higher-than-anticipated costs for consultants in 1998. ST~ ~~~~E; !rank Gryglewlcz, DINCtor of Financial Services. 11()'-A/'flU/l./ PINN nola: I YG11 haw a clublllly and need Sllllllary .._or• '11111, ....... nalfy .. ca, of 11 ... aood (30l-19N4GI) at ........ hours In ....... of ..................... n..,.... • . .. .. • • • 0 ' 2 - • EnglewOOd City Council Agenda bec:ember 7, 1998 Page3 • • • \, ,. • ii . Recommendation from the Department of Neighborhood and Business Development to adopt a resolution supporting the redevelopment of the 7-0General Iron Works property. STAFF SOURCE: Mn Graham, Planner~ rii. Recommendation from the Utilities Department to approve, by motion, an l'JAri j '7J'lagreement with S & H Concrete regarding water and ,.r,r tp1>s 1 STAFF -rr 0./SQURCE: Stewart H. Fonda, DINCtor of UUlltles. et~ 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. a . Englewood Center Update. 14. City Attorney's Report. The following minutes were transmitted to City Council between 11 /13198-12/3198: • Englewood Board of Adjustment and Appeals meeting of October 14, 1998 • Englewood Code Enforcement AcMsory Committee meeting of October 21, 1998 • Englewood Cultural Arts Commission meeting of November 4, 1998 ,..._ IIOla: •,-._. • «nnbllly and ,.._, ... _.Wrlasa,,.... .., .. ca,o1•-=oa1 -.112-Mll) ....... 4111oure1n ..... ., .................... 1'11Mk ..... . ' .. ., • • 0 - • • • (. .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: DECEMBER 7, 1918 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAIIE, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC J.J1 r. 'pHIC,1/ .2 Zf'f )I;, DI//£&//)? St. (Ult~ C(l {} j( 1 ( JI 4//et! . , • • 0 -• • I• • ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Rqular Seaioa November 16, 1998 I. Call to Onler The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :36 p.m. 2. lavocation The invocation was given by Council Member Nabholz. 3. Pledce a1 Allepatt The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Council Mcmbcn Nabholz, Clapp. Gam:a., Bradshaw, Habcnic:ht. Waggoner. Bums Absent: None A quorum was prcscnL 5. Miata Also prcsc111 : City Manager Scars City Attorney Brotzman City Clcrt Ellis Senior Planner Sc.in Director Black. Parks and Recreation Director Gryglcwicz, Fimncial Services Director Eslerly, Public WOfks (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED., TO APPROVE THE MINUTES OF 1BE REGULAR MEETING OF NOVEMBER 2, 19'1. Ayes: Council Mcmbcn Nabholz. Gam:a.. Bradshaw. Habcnici.. Waggoner. Clapp. Bums Nays: None Motion carried. 6. Sclledalecl Viliton (a) Mayor Bums advised that Olga WolOlyll. Chair of the Englewood Cultural Arts Commission. would address Council concerning the sunset provision of the Cultwal Arts Commission Onlinance. which is item 11 (a) (ii) on tonight's agenda . Ms. Wololyn. 3210 South Lincoln. Slated she was here on behalf of the Cultural Arts a,.,,miaion to support the removal of the amsct clause from their Commissioa's ordilanc:c. As aa Enpcwood citizm lbc ha5 really been ddigblcd to live in a place where people who make their living. or who are jull illlClatCld in the arts. arc welcomed to participa&c in govcrruncnL As a commissioner. along with the other . . • • • 0 , ? I - • Englewood City Council November 16, 1998 Page 2 • • • commissioners on the board. they have been working n:ally hard to give this commission a structure that will endure past their terms. Obviously. she noted. if they didn't have this SWISCl clause they would have a lot more confidence: and it would be: great to know that what they are planning has a future beyond five years . 7. Non-1theduled Viliton 'There were no non-schcdulcd visitors. 8 . Co•••llicadoas. Pnid...aioll1 ud Appoilltanu "There were no commwiic:alions. proclamations or appoinlmClllS . 9 . hblic Hariq No public hearing was scheduled before Council . 10 . C11111e11t Apda (a) Approval of Ordinances on First Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (I). (ii) ud (Ill) ON nRST READING. (i) COUNCIL BILL NO . 73 . INraODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO . 2S . SERIES OF I 99S (ii) COUNCIL BILL NO. 78, rNraOOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlITHORIZING A SHORT TERM LEASE WITH SA TO'S FLOWERS FOR USE OF A PORTION OFTiffi HOME LUMBER PROPERTY AS A SEASONAL NURSERY STOCK BUSINESS . (iii) COUNCIL BILL NO. 77. rNraOOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlITHORIZING 11ffi ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM 11ffi UNl1c:D ST A TES DEPARTMENT OF JUSTICE . OFFICE OF JUSTICE PROGRAMS . BUREAU OF JUSTICE ASSISTANCE . V Ole re111lt1: Ayes : Nays: Motion carried. Council Members Nabholz. Gamtt. Bradshaw. Habeaicbl. Waggoner. Clapp. Bums None (b) ApprovaJ of Ordinances on Second Reading "There were no additional items submitted for approval on second reading. (See Agenda Item 11 -Regular Agenda .) ..... ,, - ... .,, •· • 0 '32xl - • • • En,:le,rnod City Council No,·emher 16, 1998 P~,:e 3 (c) Resolutions and Motions • 0 : . • 1l1ere were no additional resolutions or motions submined for approval. (Sec Agenda Hem 11 -Regular Agenda .) 11 . Rrgular Agenda (a) Approval of Ordinances on Firsl Reading (i) Mayor Bums stated this item is a recommendation from the Department of Neighborhood and Business Development 10 adopc a bill for an ordinance authori1Jng a Right-of-Way Use Agreement between the City of Englewood and Metricom . Inc . Council Member Garren advised Mayor Bums he would like 10 recuse himself at this time . Mayor Bums asked that the record show Council Member Garrett is rccusing himself al this time due 10 a conflict of interest because of his employment. He noted 1ha1 Mr . Garren is a staff anomey for TCI. Senior Planner Stin advised lhal Ken Fellman. Special Counsel. was here 10 make a presentation and answer any questions Council may have on this panicular item . Mr . Fellman stated that the reason this bill is before Council is lo address an issue and a right-of-way use agreement that they arc recommending between the City and a company called Metricom . He pointed oul that Jeny Feathers. a rcprcscntati\•c of Metricom. was here 10 answer any ques1ions Council might have about his company or their product . Mr. Fellman said he would like 10 brieny explain what Metricom docs. lliey provide wireless telecommunication services. utilizing a very low power transmitter. He asked Mr . FcatJiers to hold up the box . 1bc device . lie noted. is about the si1.c of a shoebox 10ith a little anac:nnae coming out. ~· hang from the lops of light poles and they basically provide a 10irelcss modem service. They will sell you a modem which is very thin. about the size of a cell phone and you attach it with Velao on the back of your laptop and you have internet access and access to your local network al your office or City Hall . Mr. Fellman stated they arc trying 10 get tJ1is service up and running in most of the major metro areas around the counlr)' and the)· arc already up and NMing. with a track record over the last couple of years. in Washington. D.C.. in Ilic bay area. in northern California and in the Seatllcfracoma area. There arc a number of cities. including the Denver metro area lliat they arc working to come on lirie. as we speak. He opined that this is a fairly unobtrusive use of the rights-of-way. ii is not like cable where we arc digging in the ground. or gas and electric for 11131 maner. TIICSC devices arc hung on light poles. usually about every mile or so . Sometimes. he said. it 10ill be a shoner distance depending on the line of siglU . Apparently . he noted. they do not require a whole lot of maintenance once they arc up there . 1bcy arc up there for a pretty long period of lime and if they do break down ii doesn~ take 100 long 10 replace them. Mr. Fellman Slated llial he personally has contacted a number of local govenuncnl officials in the bay area and Sealtle and he has found from folks who liave worked with Metricom that IIIC)' arc a very rcspo115ible company 10 work .. ,111 and ll1ey haven't had any problems. And. he said. the folks he talked with have appreciated the ser .. icc as well . If you travel al all. al some point when they gel in most major cities and you arc sining in an airpon with your laptop. ii SOU11ds like a real neat service 10 have . Mr . Fellman stated he would sure use ii . He advised 1ha1 they approached the City of Englewood and asked 10 enter into a nght-of-way agreement whereby they would get the use of facilities in the rights-of-way . Of course. for all those poles owned by Public Service. they will have 10 work out a deal with Public Service . But because they will be on public propcny they need lo get City permission . Mr. Fellman said that after we stancd negotiating with them. on behalf of the City of Englewood . because they had approached just about every other city in tJie metro area. the Greater Metro Telecommunicatiol\5 Coll50niwn. of which Englewood is a member . asked Metricom if they would be willing 10 negotiate kind of a model right-of-way agn:cme .. thal all of the ciues and counties in thc metro area could utilize. Mr . Fellman staled that he is also lhe legal • ' J -1'~ I 1 • 11 l l~ • • • , 2 - • • • En,:lewood City Council No,·embcr 16, 1998 Pa,:e ~ • 0 • counsel for the GMTC and Meuicom agreed to work with GMTC on that project and we ended up taking the foundation of an agrccmenL which we had negotiated when he had his Englewood special counsel hat on. and used that to fashion an agreement for the GMTC. The good news on the cost of thaL he advised. is that Mctricom has agreed to reimburse both the City and the GMTC all of their costs. including his fees. in\'olved in the preparation of that agreement. Mr. Fellman said he spoke to one of their representatives earlier today and he hoped to have the check tomorrow or the next day. at which point he will be cutting a check back to the Cicy for the fees that have already been paid in preparing this agreement. He advised that . in addition to that. this agreement has a provision for each of the individual commwlities that adopt it that may incur costs in delerrnining their own internal review and any panicular issues they need to negotiate that might be unique to their commwlity. Meuicom has ag,ccd to up to a cap of a couple thousand dollars to reimburse those fees u well. So. Mr. Fellman said. he thinks they are being fair and reasonable in that offer. Basically. he advised. this is a nine year agrcemcnL it has provisions for five year renewal terms if bolh parties agree. It requires Mctricom to pay as a cost of using the right-of-way. S% of the gross revenues that it generates within the City . This is ROI going to be a big money maker. he stated. He thought Metricom has said they hope for a I% to 3°/o market penetration. So for anyone in Englewood who docs sign up for this program or this service and pays there bill . Englewood will get S% of the rc\'enucs generated by Metricom. In that sense. he said. it is analogous to the franchise fee that you receive from the cable operator. They also have ag,ccd to provide the City a cenain number of half price subscriptions to their basic service. He said he doesn't know exactly what that entails. but if they have specific questions about the service that is what Mr. Feathers is here to answer for them. He said he thinks they have levels of service similar to cable. where there is a basic level of service and then an expanded level of service. For any actual City owned facilities that they utilize. they are also going to pay an annual fee of$60. He said he knows that there are a limited number of light poles that the City does own, although he is not sure whether the Slaff wants these facilities on the decorative light fixtures that the City has and Mctricom has ag,ccd that they won~ do that if you don't want that . So. it is just another small compensation amount if al some point in the future the City owned any ocher light poles or if there was a water tower ... something else thal the City owned that they wanted to put one of these little shoebox antennas on. the City would receive compensation for that . 1berc are requirements to relocate these radio devices if the City is involved in a public project and needs to move some poles. Metricom has to comply at their request It has standards kinds offranchise provisions. he said. requiring Metricom to have insurance for the City. to repay any damage that they cause. to coordinate with your staff if they are going to be doing any work in the right-of-way that would need traffic monitoring. blocking off' a lane. So it has all of those kinds of standard right-of-way use provisions in here. Mr. Fellman stated that tllis is an agreement thal, after a number of negotiating sessions back and fonh. he is comfonable with it to the poinl lhat he would recommend it to all of the GMTC jurisdictions. subject to any unique issues that Englewood may have. With that. he said. he would be glad to answer any questions Council may have and also Mr. Fcathen will answer questions as well . Council Member Habenicht said that she had SC\'eral questions. She asked if 01hcr people would be utili1jng this service. ocher tlian the people who live in Englewood and subscribe to it. In other words. she said. is this important to a whole network '/ Mr. Fellman stated it is important to a whole network . He explained that if he were driving tl1ro11gh Englewood. pulled over in the parking IOI of City Hall. wanted to c heck in with llis office network and he subscribed to it. u would need to be up in order for him to use it. Council Member Habenicht asked where most of the users. most of the customers. are located ... if they say only a I% to 3% market penetration in the City of Englewood. Mr. Fellman asked Mr . Feathers to come forward and address that question . Mr. Fellman said it is his Wldcrstanding that when they are talking I '1'e to 3% market share. they are talking metro wide. that is what they arc hoping for. Council Member Habenicht said what she is getting at is she is wondering if this is model for throughout the metropolitan area. if it is a fair way to do it in terms of subscribers. She noted that it seems to her Iha other areas might end up having less of a line of sight need to have these little wlits in their areas. where a more dense city would 11a,,c to have more and more of them . She said she might be wrong. but her thought is that we arc getting less in 1cnns of any compensation for that. tl1an say ocher areas which may have a larger usage and ' "' - I • • 0 f - • • • Eni:le,.·ood City Council No,·cmbcr 16, 1998 Pai:e 5 • 0 • I • get a higher perceniage. based on the fact that they have more customers and fewer units per square mile, or what have you. She said she is a litUe conccmcd about that . Mr. Feathers said the way the network operates is that it is line of sight. where you have an extcmal modem that goes into your computer intercepting with these pole top radios and gets back to a building. He noted they have to have roughly five to six per square mile. so what they pay is the franchise fee based on the number of subscribers. So therefore. Englewood has the same potential that a Lakewood or other cities would depending on how many people have billing addresses in the City. that do subscribe to their network. Council Member Habenicht said she understands that and she is suggesting that it may not be fair. Mr. Feathers explained that the reason they went to the Gl\iITC was because some cities wanted to make sure that everybody got the same agreement so they are offering S'1o across the board. lf there is a city that has 500,000 people they are going to make more money than what Englewood would at this level. Mr. Fellman said he thought the question was. is there a reason. if you take a city that has a more densely concentrated population versus a city that might be more spread out. is there any reason to think that there may be more of these devices per square mile needed in Englewood than there would be in Aurora or Lakewood or anyplace else. Mr. Feathers said no. that right now the networks they have operating are San Francisco. Seattle and Washington D .C. and they have not run into any capacity problems as to date with the initial network. He advised they will come back to every city if they have 10 add radios in the future . Council Member Habenicht asked if this agreement is identical. the same. or close 10. what they have in those other cities. Mr. Feathers said yes. that they have one standard agreement that they worked with and what they did. in the 30 jurisdictions they arc doing in the Denver area. was have them tweak it , more or less. the way they wanted it. Ms. Habenicht questioned if they could maybe see some results of how that is affecting different municipalities within an area that already has this kind of agrccmcnt Mr. Fellman said yes, but he needs to know what she means by how ii is affecting. Ms. Habenicht advised that she is wondering what kind of return there is, thal she is really concerned about ... thal it seems like, as she reads the ordinance. that there are a lot of things that we guarantee lo Mctricom. but a lot of the other things are just son of open in the agreement. they can be renegotialed over time. She said she is really conccmc:d about what we are getting ourselves into. long term. and what kind of costs will be involved 10 us and how our citizens are going lo be served. Mr. Fellman asked if there were specific issues that she has concerns about that he may be able to explain. Council Member Habenicht asked. regarding the right 10 draw electricity. if they are going 10 pay for electricity. Mr . Fellman said no. that they hook onto the light al the top of the ligl11 pole and they are riglll thcre al the source of electricity . llicir deal with Public Service is they hook in and then they pay Public Service for the electricity that they use for lhcsc devices. Council Member Waggoner said then that shouldn't need to be in our agreement. Mr. Feathers advised that the reason it is in Englewood's agreement is because. in some municipalities. the cities own some of the Slrcct lights or if you condemn them in the future ii is already in place. He noted they are working on a separate agreement with Public Service right now lo go on their structures. plus 10 pay them the amount of electricity if they draw. He explained that what ii docs is there is an adapter that goes from this radio 10 that photo cell . 1l1ey operate in the public spectrum. he said. which means they cannot operate more than one watt of power. So it is roughly $20.00 a ye.1r per pole that they are paying Public Service for the utility. Council Member Habenicht said she was a little concerned in the third whereas that authorizes Mctricom's entry 10 maintain and do all of that. She pointed out that ii doesn't say anything in there about coordinating with our Public Works people or our traffic people or anything like that and she is a little concerned about that. She said it seems like ii gives them blanket access. Mr. Fellman asked which page she was looking at. Council Member Bradshaw advised she was reading on the first page of the ordinance, the third wherc3S . Mayor Bums asked if there were provisions in the contract thal covers this. Mr. Fellman said he was looking in the conlract. he wasn't looking in the ordinance. COW1Cil Member Bradshaw advised Council Member Habenicht that Section S in the conlract speaks to that . Mayor Bums noted the conlract has a lot more provisions than the ordinance does. Mr. Fellman noted there are extensive requirements in ,,. - .. • • • • • Englewood City Cooncil November Hi, 1998 Pagc6 • 0 • I • the contract for coordinating with the City's stall for IIOI having intcrferc:nce, for taking care of private property, as well as public property. Council Member Habenicht said her concern was that in the future:. probably when this comes back. that if it is in the ordinance that way that it will start to become a given. But, Mayor Bums pointed out, it is in the whereas clause. it is not an operative clause. 1llc operative clause is Section I that attaches to the conbllct as Exhibit A, which is the real agreement. Council Member Waggoner asked why we would want lhcsc on any municipal facility, why wouldn't they just use a Public Service Company's power pole or Mountain Bell's power pole. Mr. Feathers advised thal this agreement is thal they must be in the public right-<>f-way . Mr. Waggoner said he docs IIOI disagree with that. Mr. Feathers advised that if you have a municipal facility, say as of this building. it would not fall under the definition here. Council Member Waggoner said he did not think we would want them on any of our street light poles. Mr. Feathers said it is in then: thal they will not go on street lights, Englewood added that, that they would not go on traffic signals. Mr. Fellman staled that was one provision Englewood's Public Works staff insisted upon ... no traffic control dc\'iccs. So. Mr. Waggoner said. maybe these will be on power poles or telephone poles then . Mr. Fellman said exactly. Mr. Feathers advised that they do have the technology that if they cannot go on any specific location. such as Broadway, then they can provide coverage from the adjoining strc:et. He said it is a mesh network so they do have nexibility moving the radios around. He advised it is also in there thal the City will sign off on locations prior to deployment. Council Member Waggoner asked about the $60.00 if they don't locate on any municipal facility. Mr. Feathers advised that then they would not pay Englewood. they would pay Public Service. Mr. Waggoner asked why we wouldn, want $60.00 for each location within Englewood. Mr. Feathers stated you can, get double rc:nl in other words Englewood can't charge them basically for what you don, own. for wha& Public Service owns. That is why they arc: doing the Franchise fee of the percent. Then. Council Member Waggoner said. we can take thal pan out. Mr. Feathers swed that is in then: just in case there are facilities thal Englewood owns. some street lights thal might be in some of the parking lots. Say you want coverage right here: and to get coverage right here the best location would be the street lights in your parking lot. Mr. Waggoner noted thal even most of those strc:et lights arc: owned by Public Service Company. Mr. Feathers explained it is just in place just in case . Because in some cities they deal with. they do own a portion of the street lights. Council Member Habenicht said she was not sun: she quite understood. Like a city, not based so much their population. but their area. will have the same ratio of units as a smaller city would have. Mr. Fellman said per square mile. So. Ms. Habenicht asked. if we had 6.S square miles. how many units would we have in Englewood. Mr. Feathers said roughly 40 . where: Denver might have 700. Ms. Habenicht asked if that was based on the ratio of square miles or an~1hing else. Mr. Fcatliers said thal was on square miles. Ms. Habenicht asked about Lillleton. Mr. Feathers advised that right now it is running a little over six per square mile. So. Council Member Bradshaw said. we would have 36. Mr. Feathers said yes. 36 to 40 . Council Member Clapp said she just wanted to clarify something. She noted we just finished a Broadway Corridor Study and we plan to improve the lighting. etcetera on Broadway. So, she questioned. we could tell them that we do not want these on our new lighting fixtun:s along our Broadway Corridor. Mr. Feathers advised that has been put in his report. He Slated thal when he met with Harold Stitt 111d Brad Denning tliey told him the City would not want them tllCrc:, that has alrc:ady been identified lo their network people. Council Member Waggoner asked when: that is included in the agreement. Mr. Feathers advised thal it is IIOI in the agreement. but the City has the right to sign ofT on any location. He said what they are doing right now is uying to get the agrcc1rient that we can enter into this. Before: they actually begin the construction. what they call deploy. next summer. they will prc:sent a map to tl1C City of locations to sign "' - I· • • • Englewood City Council November 16, 1998 Page 7 • 0 • I • off on . Council Member Bradshaw said bur by lhcn 1hey will have already approved lhe ordinance. But. Mr. Feathers poinled oul that the ordinance gives lhem lhe right to approve lheir locations. Council Member Waggoner asked when: thal was in the ordinance. Council Member Habenicht stated that she would like to sec a franchise agreement that would do this based on how many units you have per square mile in your city. Because. she said. thal is a pica: of equipment thal people have to look at. lhey uc going to have to deal with the people coming in and out and maintaining. thal is the wear and tear that wc have in our community . Some other city, that might have a lot more wealth. might end up having more people subscribe to this service, using it while lhey arc in our city and lhey uc going to be getting paid a whole IOI of money on this franchise business. based on the number of customers. Ms . Habenicht stated that it docs not seem equitable to her. to a smaller city . She said she n:ally thinks wc need to rethink the way it is being done rhroughout the metro area. She said she thinks it makes sense if there are so many units per sqiwc miles. why not base the franchise based on the unirs. not on the cUSlomers ... it just doesn't seem right to her . Mr. Feathers said there uc two things with that. thal they have no wa y of lm cking. like cellular. He advised you cannot use this as you are driving down the road. you must be sta11onary . Council Member Habenicht stated we can track how many units are in our city. a IOI easier than how many customers you might have that are in our city . She said to her that is easy. cut and dry. and it really makes a difference in terms of the kind of impact and cost it would give to our city . In tenns of how it is going to affect our population. lhe aesthetics. the rights-of-way . how much you access and don't access . She said it seems a much fairer way of going about it. Mr. Feathers advised that right now they arc structuring it exactly like all franchise agreements. whether it be TCI or Public Service ... anybody that you have done a f ranchisc agreement with in the past. wi II pay you a percentage of the subscribers. He noted it is not like they arc paying to go on a structure you do not own, they are paying to utili1.c your public service. that is what lhey arc trying to do. Council Member Bradshaw asked if she was to understand that they arc the firs1 one in this market Mr. Feathers said lhey arc and the agreement is non exclusive. which means that you can Cftlcr into the same agreement wilh anyone else . doing the same technology. lllCn. Ms . Bradshaw noted. wc will have a bunch of little doodads all over the lights in our city. She asked if that was right . Mr. Fcathcn advised that in California. in both Los Angeles and San Jose. the police departments can download pictures of suspects. building dcpanmcnts can do permits on site. attorneys can access E-mail in the court house. Schools thal passed to have access to the internet because of asbestos or other problems. can now have that. He acknowledged it is a new technology. but it is coming and they uc hoping to offer it to the Denver area. Council Member Habenicht staled that she n:ally feels strongly that this is a new technology and it isn't like all the other kinds of things and if this is one of the very firsl to come into line. thal she is very conccmcd thal it be much more equitably structured so that we aren't getting the short end of some stick here . Council Member Bradshaw asked her whaa she wanted . Ms . Habenicht said she thought she would like 10 have the franchise agreement nor based on the customers in your city. but the number of units a cit)· has . Council Member Bradshaw asked if she would like to table this until her questions could be answered . Mayor Bums asked Mr. Fellman ifhc had a comment on this. Mr. Fellman commented thaa he mentioned at the outset that tl1is is not a money maker. He asked tliat they keep in mind a couple of things that arc happening in lhe big picture . Number one. he said. wc have a State legislaaurc that has gone to great lengths over the past couple of years to lake away local goverrunents ability to rcgutaac these kinds of facilities in the rights-of-way . The only reason 11131 they arc here tonight is thal there is a loophole in Senate Bill 10, which says cities cannot franchise telecommunications providers who want to use the right- of-wa y ... you liavc lost the right to do it. Mr. Fellman Slated that Statlllc. which in his opinion is unconstitutional. is currently in coon and it will be three years before we find out. But right now you can't franchise an)1hing other than cable television . Tiic loophole is in Ilic definition of telecommunication services. it is defined in the State law as any service tliat requires federal or state regulatory appfO\·al . And. he noted. as Jcny Feathers 1nentioncd they arc in tlie public spectrum because they arc transmitting at one watt or less . so they don 't need to get federal approval . So tccluiically. even though tl1is is. as we know it. a ,, - • • • C - • Englewood City Council No,'embcr 16, 1998 PaJ!C 8 • 0 ,. - 1elcco111111unication service. it doesn~ come within the definition of all those other services in Sena1e Bill 10 1hat we have losl 1he righl 10 even do something like lhis wi1h . So. he said. there is a potential problem. and he has had a number of discussions with the Mwticipal League about this. as to how far do you want to push some of these issues and what kind of legislative backlash might there be if any community does push the envelope. Mr . Fellman advised that that is a concern that he has in the bigger picture. He said that as Mr. JCIT)' Feathers mc111ioncd the standard way tbat franchises have paid compensation for using the public right-<1f-way , whether it is cable or public service. have been a percentage of the revenues generated by customers in the city . Docs public service have transmission lines in the City, that run through the City. that end up benefiting people in other places? Swc they do. he said. Mr. Fellman Slated that the argwnents Council makes are good arguments. He said his feeling is that this is a reasonable way to do it and there may be other reasonable ways to do it. If we want to get out ahead of the crowd and kind of say this is the new way. and we want to do it this way . even though everybody else may be doing it some other way, there is a potential that could create a problem that could end up being legislatively fixed in a way that we might not like . Council Member Bradshaw asked if he was saying take it or leave ii. Mr. Fellman advised that he is not saying take it or leave it . but he is saying if you do leave it. that we want to do it a different way, recognize that there are potential consequences that will potentially impact other municipalities in the Slate . The other thing. he said, if the issue is compensation. and he is sensing that is pan of the concern. that you should be compensated fairly for having to look at these devices. if you look at 5% of gross revenues in the context of cable television. or 5o/e or 3% of gross revenues for Public Service. you are talking about. basically, something that is analogous for rent. llus is the rent that those companies are paying for using public property . When they put facilities Wider ground. they do a far more intrusive activity in public strects. than something like this is. where it takes 15 millUles to put a cherry picker up. anach one of these tlungs and then they are off to the next site. There is maintenance that you have for your stuff that is Wlderground in the City and you have: cwt, cuts two weeks after you do a stn:ct resurfacing. which acates a -a·hole lot of headaches and costs to the City and the taxpayers. They pa~ 5% of gross revenues. Metricom has agreed to pay 5o/e of gross revenues. which will admittedly be: much smaller. If the issue is thal you don~ think that -aill be enough to compensate us and we want to 5"itch to an amount per pole. apm the Slandard way that they have done it in the other cities where they have opcraled. and the other CIIJCS around the counuy where they are working out deals now . is $60.00 per facility that they an: on. per year . So if you have 30 or 40 poles. $60 .00 per facility, that is not going to be a lot ol money either. Couaal Member Habcruchl said she is not suggesting that. Mr. Fellman advised that whal he: is gelling at is what they are pn,bably suggesting is a far greater number. which is going to skew their whole IIIClhod of doing bu51ness lhroughout the counuy . He noted he did not think Jerry Fcathc:n oould-'CI' thal qucsuoo and he ccnainly can't. but that they could both venture a guess that the higher ups at Mctricom arc going to ha,-c a problem ... they are not just going to say oh. okay . so its going to mean more negotiations. Council Member Habenicht said she is raising the issue because she "'OU.Id like to ha,,e them look a little bit at it. because we: arc so new . we arc going so fresh into this and she thinks we: as mwlicipal officials reall y ha\'C to look at how this is going to impact our cities. re\-cnues. the way busmess is being done. how we can conduct business over time and it is a whole new way of doing business throughout the whole n.1tion. a new technology and she thinks that some of the: questions that she asked wouldn't be the ones that the private sector would ask. of course not . That is not where they are coming from . But she thought the questions Council is asking arc ones that really need to be: looked at and maybe they haven, been voiced strongly enough. so she is just uying to voice them. that is all . ,, - Mr . Fellman said that he: would point out to her as "-ell that he has spoken to other cities that have had Mctricom services for a number of years. and basically what they have said is you notice them when they first go up, but then afterwards ... they are fairly small. you are driving. you are not sitting thctt staring at them . In a lot of ways they are like the antennas on the sides of buildings now . that we don't notice anymore. that we need to have our cell phones operational. So they made the comment about impacting the wa y we do business. he said his opinion. both from working -aith these folks . as well as from doing some -•• .. • • , • Englewood City Council November 16, 1998 Page9 • 0 • I • research and talking to other local government officials that have worked with them for a couple of years. it really doesn't impact the way we do business. it does not create a cost to the City to have them use their facilities on the light poles and providing this service. Mr . Fellman commented that maybe he is missing something and if we want to go back and look further and if Council wants him or anybody on their Slaff to provide a repon. with IWl1CS and references from other communities where they have been for a couple of years. they can do that. He said maybe that is a good idea 10 get that information. But he thought what they will find is that it is a very minimal impact and it is not really a cost issue. it is just a new service and again. getting back 10 the congressional mandale from the telca,mmunicalions act. the whole purpose was lets get as many new services as we can. as quick as we can and maintain local authority to manage public safety type issues and rights~f-way issues when your State Legislature lets you . He noted that some Slates have more authority today to do that than we do. Council Member Waggoner advised that he is having trouble finding in here where specific authoriz.alion or specific approval is gJllllled by the City for locations. In other words. our Director of Public Works would approve specific locations where these are to be installed. Mr . Fellman advised that in section 3, which is tilled "Scope of Use Agreement", the last sentence of the first paragraph says "any work performed. pursuant to the rights granted under this use agreement may. at the City's option. be subject to the reasonable prior review and approval of the City.• He said he thinks this is consistent with what they arc talking about and they can ccnainly add language to say "any work. including. but DOI limited to, the placement of radios or other facilities" or somctlling like that so it would be. perhaps, clearer and Council would know that the actual. physical location of these devices would be subject to prior City approval. Council Member Waggoner Slated that he really believes that should be in there. Council Member Bradshaw said she agn:ed. Mayor Bums said he thinks so too. Mr. Fellman Slaled they can cenainly have that before it comes back to Council. Mayor Bums commenacd that he is impressed with the fact that this is relatively non-invasive and if it is not a money issue. really to begin with. maybe the)• could pass it on fust reading and have them do some revision before the nci.1 reading. Mr. Fcalhers advised thal what they have done in a couple Olhcr cities. and it depends on the burden cacil City wants. as one City wants the Public Worts directOI' to approve . If they want to designate a cenain individual or just the language !hat the City will approve . Either way. he said. their legal department has blessed those changes. Mr. Fellman said he knows what they arc gcaing at and they can add that kind of language before this comes back. Council Member Oapp Slated she would like 10 hold off. she would like 10 pull it and she would like Council Member Habenicht lo look it over and feel comfortable with it before they move forward. Mayor Bums asked if that was the consensus of Council. lliere was indication that it was . COUNClL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CONTINUE, AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 7.&, TO DECEMBER 21, 1991. COUNCIL BILL NO. 74 A BILL FOR AN ORDINANCE AUlliORIZING A "RIGHT-OF-WAY USE AGREEMENT" BETWEEN METillCOM. INC . AND 11IE CITY OF ENGLEWOOD. COLORADO PERTAINING TO WIRELESS DIGIT AL DATA COMMUNICATIONS RADIO NETWORK INSTALLATION IN 111E CITY'S RIGHT-OF-WAY . Voce l"CIIIIII: ..... ,,_ •. - ..: •· • 0 I - • [n,=lcwood City Council November 16, 1998 Pa~IO • • • Ayes: Council Members Nabholz. Bradshaw. HabenichL Waggoner, Oapp. Bums Nays: None Abstain: Council Member Garrett MOlion carried. . .... (Cle.ts' note: Council Member Garrett returned lo the dais. I (ii) Din:ctor Black presenled a n:commendalion from the Cultural Ans Commission 10 adopt a bill for an ordinance Iha! removes the SWISCI provision from the Culhlrll Ans Commission Ordinance. He said. adding 10 the comments of Olga Wolosyn. Chair of the Cullwal Arts Commission. the cuncnt ordinance has a sunset clause in ii and the Commission. along with Slaff. has n:commended that that clause be removed. He opined ii would create a gn:at comfon level for the Commission because they are looking al long term programs. such as a 2003 celebration and the cultural corridor coming down tlvough Englewood. so they are looking al more than just one or two year projects down there . Mr. Black said he fell this would be really beneficial 10 that group and secure lhal group a linle bit. Council Member Clapp staled she wanted 10 make a com1nent for Council discussion. She said she noticed thal the Cultural Ans Commission is the only one lhal has a sunset and thal ii is al five years. Ms . Clapp advised Iha! she has always fell like we should have term limits on all of our commissions and ii is really unfair to have term limits on one and not the Olhers. She said her feeling on ii is you should do them all or not do any of them. She said she thought the only exccplion to that should be our waler board. because of the na&wc of the type of business lhat they deal with. Ms . Clapp staled she is really in favor of pulting term limits on all of the bouds. llla)be four year terms. two tenns eight years. just like elected officials. Mayor Bums pointed out thal this is for the Commission itself. DOI the service of the members . Ms. Clapp said okay. she was sorry . she thought it was the board itself. No. Mayor Bums explained. it is 10 dimimtc the Commission all together. that is what the sunset is . Oh. Ms. Oapp said. she lhoupt they term limited just the members on that. Mayor Burns said no. it is the Commission itself. Ms. Clapp said she apo1ogizcd. but noted it does bring up an interesling poi... Din:ctor Black apologized for lhal and said he should have clarified that. The Clerk was asked 10 read the council bill by lille: COUNCIL BILL NO. 76 , INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE REPEALING TITI.E 2. CHAPTER 9. SECTION 8, ENGLEWOOD MUNICIPAL CODE I 985 . PERTAINING TO THE SUNSET PROVISION FOR THE CULTURAL ARTS COMMISSION. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 76. Ayes: Council Members Nabholz. Gam:tL Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays: None MOlion carried. (b) Approval of Ordinances on Second Reading (i) Council Bill No . SS. approving the remning from R-1-A Single-Fmiily Residence to Planned Unit Developmen1 (PUD) for propeny localed aa 309S South Uni\.'Cl'lity was considered . ' "' - .. .. I· r - • • 0 • Englewood City Council November 16, 1998 Page I I Mayor Bums poinlcd al thal lhis is lhe monua,y issue. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I I (b) (i) -ORDINANCE NO. 80, SERIES OF 1998 (COUNCIL BILL NO. 55). ORDINANCE NO . 80. SERIES OF 1998 (COUNCIL BILL NO . 55. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING 11-IE REZONING FORM R-1-A SINGLE-FAMILY RESIDENCE. TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATED AT 309S SOUTH UNIVERSITY . Council Member Bradshaw Slated that she l1lO\'Cd Council Bill No . SS for discussion pwposes. She advised that over lhis past weekend and 1oday she received SC\"eral phone calls aboul Ibis issue. UnfonW1ately. she said. lhe content of lhosc phone calls did noc and could not alJect her consideration on Ibis matter. She thought some of the rest of Council was in the same boat Ms . Bradshaw noted that even !hough she sponsored lhis. for lhe purpose of having a public hearing. she felt that thc citi1..cns in the an:a have spoken . She thought Council beard tlicir comments. She stated 11131 she feels Ibis PUD is not consistenl wilh the goals. objectives. design guidelines. policies and any other ordinance. law or requirements oftlic Cily of Englewood. She feels tliat lhis parcel of land is located in R-1-A. which is the highest single family zoning wc have in the City and tlie purpose of this zoning is to enswc the residents a ccnain qualil)' of life . She Slated that lhis PUD does not and will not ensure that same quality of life. rather it is allowing a for-profit business to locate in an R-1-A an:a . She feels Ibis PUD does not follow acceplable standards of the developmcnl in the City and it is not a reasonable use of the propcny . To replace a church wilh a funeral home is noc reasonable. she staled. Slic said she believes the people have spoken loudly and very clearly on lhis issue and as their representative she would vote no on lhis ordinance. Council Member Nabholz said that she too voices Council Member Bradshaw's comments. lhal she has also received nunierous calls. faxes and E-niails. She said that onc of Council's goals has been to protect our residential neighborhoods and ensure quality of life . Ms . Nabholz stated that she would also be voting against lhis. Council Member Waggoner said he also agreed . He staled that he lhinks wc need to maintain lhe quality of our R-1-A zoning and he too will be voting no. Mayor Burns said he would like to speak to this. that lhis is in his District. He noted Council had somc very good presentations on lhis by the monuary and also by the citizens who spoke against it and for it. He cornmenled that he thought the site plan would clean up lhe an:a. ii would make it more attractive. as they saw there was a rather dramatic split between the people who lived on Dartmouth. who sccmcd to be rather consistently for it and Ilic others in the ncighborhood who were nor. He said he though! the people on Darunoulh have to live day 10 day with what Ibey sec across lhe street from them and so he has somc sympalhy for whal 1hey have 10 see and why llicy would like to lia\"e lhe propeny improvoo . Many other people signed tl1e peution against ii. He staled he knows people personally who arc both for and againsl Ibis ,ncasurc. Bul he said. he lhinks the issue is not how welt Ilic landscaping is presented or the site plan or whatever. but it is the question of whether tlicy want 10 have a licensed business enterprise in an R-1-A district and whether that opens the door 10 sornc further R-1-A zone breaches. so to speak. in the funuc . That. he staled. is his main concern. Mayor Bums said he though! tllC majority of the people who contaded hint and signed petitions. arc againsl it. E,·en though he commends the mortuary for their prcscntal.ion and their time and dfon and planning thal went into lhis. that he feels on balance. rcprcscnling his constilucncy. that he will also vote against it. ... • . . ' tnil •· • C - • Englewood City Cooncil November 16, 1998 Page 12 • 0 • Council Member Habenicht commented that she was planning to say something. but everybody else mirrored her comments. so she just wanted to say that she too will be voting against it . She said she thought the other CoW1Cil members have gi"en really sound reasons and R-1-A must be procccted. Vote raults: Ayes : None Nays : Council Members Nabholz. Ganett Bradshaw. Habenicht. Waggoner. Clapp. Bums Motion defeated. (C) Resolutions and Motions (i) Director Gryglewicz presented a recommendatioa from the Depanmcnt of Financial Services to adopt a resolution approving a supplemental approprialion and transfer of funds from the General Fund to the Englewood EnvironlllCIUI Foundation for Cinderella City redevelopment He advised that this supplemental appropriation would move SI .SOS.000 to the Capital Projects funds for transfers to the Englewood Environmental Foundation for Cinderella City site preparation. 111c reason we nccdcd this moved. he said. is so we can enter into a contract with Cleveland Wn:ding. which is doing a ponion of the demolition that is in the EDA Grant . so they wanted 10 show them that the monies were available. Mr. Gryglcwicz explained that these arc pan of the monies thal will be reimbursed with the COP thal should close on December 29"'. Council Member Habenicht asked how that money will then be transferred into the General Fund after the COP. She asked if the COP can payback. Director Gryglcwicz advised that the COP will pay back the General Fund directly . Ms. Habenicht asked if that is okay. Mr. Gryglcwicz said right. The resolution was assigned a nwnbcr and read by title: RESOLUTION NO. 102. SERJES OF 1998 A RESOLUTION FOR THE SUPPLEMENT AL APPROPRJA TION AND TRANSFER OF FUNDS FROM TIIE 1998 BUDGET TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR AN ACCELERATED CINDERELLA CITY SITE PREPARATION PLAN. COUNCIL MEMBl:R BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) (i) • RESOLUTION NO. 102, SERIES OF 1"8. Ayes : Council Members Nabholz. Ganett Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays: None Motion carried. (it) Director Esaerty presented a recommendation from the Dcpartmcnl of Public Works to approve. by motion. authori7.ation for the Director of Public Works to sign a design conllllCt with URS Greiner. Inc. for an amount not to exceed $470.000 for South Broadway Widening and Medians. He advised that Council authoriud the City 10 apply for Federal funds under the lntcnnodal Surface Transponation Act. the old ISTEA and Council approved an inlerpcnunattal apeemcat widl the Dcpanmcnt of Transponation. covcnng financial c:ommilmcnlS rdaled to the design ol Soulh Broadway widening and medians. He stated that the Colorado Dcpanment ofTrllllpOltalion balapmi to contribute half of our local match. our 20% ma1ch for this project. in cxclwl,e for the abandonmcnl of Souab Broadway as a State highway. from U.S . 211S south of the City limils. He IIOICd 11111 is an item that will come before Council laier this year . . -• "' - .. •· • - - • • • Englewood City Council November 16, 1998 Pa2e 13 • 0 • I • Mayor Bums said. referring to the scope of work and design. that he knows that we have had meetings with neighbors. businesses and so fonh along the length of Broadway there. He asked about the Slalus of that. as far as this particular design conlracl. Director Estcrty advised that Neighborhood and Business Development has been ha\'Ulg on-going meetings with the community and business representatives. They are participants in this project. He said those types of meetings will continue to occur tlvoughout this design process to get those inputs into this project . Mayor Bums said he thinks that is imponant. because we really want panicipation from the businesses and residents along this area. He asked how it ties into the South Broadway Action Plan. Director Esterly said he wished An Scibelli was hen: to answer that. but he noled there is an update from Mr. Scibelli in their Council packets . He advised that it tics in by virtue of the fact that there may be some items, depending on budget amounts, that this project could provide as we go up and down Broadway. It also provides an opponunity for additional funding to be put into the project to address some of those cona:ms and if then: is an advantage for the size of this project to perhaps make those unit prices go down a little bit. there is an opponwiity to participate in thal Although. he explained. the ISTEA fwlding is a set amount and anything they go over. for what has already been described. we would have to pay for 11\'er and above. Mayor Bums pointed out that it is a:nainly an opponunity to coordinate thosc impl'O\lemcnts. Coordinalc them. Director Esterly said. and the construction management might get paid for and things like that ... uaffic control "'Ollid be paid for ... it wouldn't get paid for this project. but another project. He noted then: are some sa"ings 10 do a single project and then: are sorne 53\'ings due to the economics of scale to the project. Council Member Habenicht asked about a widening permit. sometime in the near future. for some areas of Broadway. maybe to accommodate some angle parking. Director Esterly stated that that is not CWTallly in the plan. that would be a change. if they wanted to convcn to angle parking, it is real easy . He explained they take one of the tlvough lanes out. If they want angled parking on bolh sides. they take two tlvough lanes out. He said thal is !RUY much what would have to be done to accommodate the angled parking, this doesn't widen enough to add angled parking as an amenity. Council Member Bradshaw said this is mainly for medians. Director Esterly stated it is for medians. but also with this widening they rccapturc the on-street parking thal is parallel parking. There are several locations. up and down Broadway. wilcn: we have dedicated left tum lanes and to get those we have the funny little jog. that you don't necessarily sec when it is snowing. We have also. at the same time. taken out maybe 200 or 300 feet of on-stn:ct parking. parallel parking. So . he said. that parking will be restored to the businesses. Council Member Bradshaw asked if that will make it more pedestrian friendly . Director Esterly advised then: may be features that may be pan of the South Broadway Plan that would make it more pedestrian friendly. They have talked about some things like bullH>uts and things like that. that would make the distance, a pedestrian would feel unprotected. a little bit less. He said the discussion he just had about adding the on-stn:et parking ... without the bullH>uts Ilic on-st.rcct parking provides that protection, where the pedestrian can step out to the edge of a parked car before they go. as opposed to waiting on the curb and go. So they can kind of get a ten foot jump on it on the one side and it should be ten feet shoncr on the other side too. Council Member Waggoner asked if this just goes from Yale to Floyd. Director Esterly advised thal thal is com:ct. Mr. Waggoner said then there is nothing in the downtown. two blocks of the downtown or the bridge. Mr. Esterly explained that we have lhc ability to perhaps. again. if there are some of lhcsc cnl1311CCmcnt type things that go over into that area we might get into thal. we might get imo a very narrow median. so there is a physical barrier. He added that we also ha\'c a little bit of wort going on on tbe bridge O\'er 2SS . Council Member Waggoner asked if that is included in this conlract. Director Ellcrty said yes . " - I· • 0 • Eni:lewood Cit~· Council No,·emhcr 16, 1998 Pa~ 1.i • • I• • Mayor Bums noted they talked about I.he bridge before and he brought this up several times ... he asked if thc:re is any opponunity, c:vcn on our own initiali,w:. to enhance that bridge with special lighting. Even like the: one on South Windcrmc:rc by I.he water trcalmalt plant. that kind of enhancement He said he knows thc:sc things sometimes 005I more than you think they would. but it doesn't look like it would. Din:ctor Esterly said aside from this projcc:t 111111 bas been an on-going discussion with the Downtown Development Authority ... how far they want to go with that he doesn't know. Ac:lllally. he noted. we kind of stole those lights and put them out by the water plant and there didn~ seem to be any connection that they are the EDDA lights. even though that is wbal they are and wejUSI have to stock one style of light. EDDA does have a concern. he said. about that style of light indicaling their area is bigger than it really is. But they have indicaaed a desire to do somc:thing with that area. Mr. Esterly noted that in Parts there has been a lot of n:newaJ of plantings in that median area just over the laSl year, a lot of Oowcr beds have been restored back in that area as our budge( has revived quite a bit. Mayor Bums opined that the lights are reaMNllbly anractive on that bridge on South Windermere and probably dam few people sec it . Director Esterly noted the opponunity is there and it is son of an unrelalcd reason ... and panicularly the aossings of I.he stream ponion of what appears to be a single bridge ... with the Highway Dc:panment giving that whole stretch of roadway back to the City. we will have a lot more to say aboul what happens 10 that bridge. particularly the swfacc on Broadway. Mayor Bums staled he would like 10 continue 10 press 1ba1 poinl , because he thinks we really ha,·c an opponunily here to make a very attractive bridge, which will help wilh the whole Broadway Act.Ion Plan and renewal . Director Esterly noted it fits in witl1 Ilic discussions aboul entry ways and stuff. Really, he said. An Scibclli would be in a better position to address thal whole di5CIISSion. because he is not sun: bow close the bridge is to where c:vcr their next gateway facilily is. that they might be interested in doing. He suggested it might get real redundant if they are only a block away. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE DIRECTOR or PUBLIC WORKS TO SIGN A DESIGN CONTRACT WITH URS GREINER, INC. FOR AN AMOUNT NOT 10 EXCEED S4'70JIN FOR SOUTH BROADWAY WIDENING AND MEDIANS. Ayes : Nays: Motion carried. 12 . General Di1t1111N111 (a) Mayor's Choice Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner. Clapp. Bums None (i) Mayor Bums said he would like to thank Alex Habenicht for her effon on the parade and he understood Leigh Ann Hoffhines deserves a special thanks for all the wort she did. He advised that he was told by several people that Ms. Hoffliincs did some )'Coman's wor\ on the parade, so he really wanled 10 congrn1ula1e her and perhaps they could do something to recognize her for thaL (ii ) Mayor Burns advised that he and Gary Sean will be going to Washington a week from 1omorrow for a meeting with the Fcderal Transit Admimstntion. hopefully with the usislant adnurustrator of the Federal Highway Admmistnlion with regard to the rcqllCII for pan& to help us with the funding of a bndge for the ligl11 rail llop. He said he thinks it will be a wonhwhile trip and it i1 being sponsored by DRCOG and it i1 a oompetilivc environment. But. he noted. he can go with n.o bau. he can go as the Mayor of Englewood and also as the chair of the Metro Mayor's Caucus . So. he said. he thinks they can get some mileage out of this to help the City. -• ,- • . .. •· • 0 ' - • Englewood Cily Council November 16, 1998 Page 15 • 0 • I• (iii) Mayor Bums said he mentioned a couple of weeks ago he woold be going lo the National League of Cities Confercna: and he passed out the estimate of the cost . He aimmcntcd thal it is considerably less than Ann Nabholts. but thal is DOI because he is trying to be skimpy. he is going for fewer days and. because he won't be there as long. he has less expense. And also. he explained. it is because he is not participating in the workshops. which cost extra. before the meeting stuts. it is just a lesser amount. So he asked Council for approval. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE SIJJ0.50. Ayes: Council Members Nabholz. Garrell Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays : None Mocion carried. (iv) Mayor Bums commented that he noticed thal Dr. John Simon was rccogniud as Super Hero by the Academy of Family Physician's for his long service to the medical professional. He offered Dr. Simon his cong,allllalions. (v) Mayor Bums said he also noticed our Starburst Award for the City of Englewood for the creative and efficient use of lottery funds in rcs1oring the missile in Belleview Part is in the DR COG regional repon which he just received in the mail today . He offered Jenell Black his cong,atulations. (b) Council Member's Choice (i) Council Member Nabholz: I . She DOied she was a little lalc. but she wan&ed to thank Parks and Rccrcalion for the Hallowccn Carnival. It was a bias!, she said.. and she had a lol of good aimmcnlS on Iha&. 2 . She thanked Gary Sears for bringing the back-up sound syslCll1 for the Hislorical Society Thursday niglll. 3 . She said they have removed temporary power from the Depot. so there a.cc no more lighlS there. She suggcslcd to City Manager Sears thal we look into putting temporary power back in or power. Also, she said.. we need to somehow posl thal that it is City property. She advised thcrc arc big semi's parking there and she has the names of all of them. Ms . Nabholz said maybe a snow fence. but she didn't ~ what would wort thcrc. but wc n:ally need to posl. City Manager Sears asked if they park right behind the Depot . Council Member Nabholz advised they park everywhere. they arc in there three deep . 4 . She said al the NLC Conferenccs people request pins from other cities. She asked if wc have any . City Manager Sears advised thal we lia,•e a bunch and they will have those for her next Monday night. Council Member Habcnichl suggested Ms . Nabholz take along with her at least one copy of the explanation of the Englewood Mart when she hands out the pins. because they always ask whal it is. but they love it. Ms. Nabholz said that was a good icka and she thanked Ms. Habenicht. S. She thanked Alex Habenicht. Leigh Ann HolThines. Sue Bradshaw. Chris Olson llld everybody who was involved in lhc parade. She noted it is a lol of wort and thcy did a vay ll>Od job. (ii) Council Member Bradshaw: ..... • •· • 0 - • Engl"'ood City Council November 16, 1998 Pa~ 16 • • l • - I . She advised tbaL as a outcome of the public hearing they had. she would like to have the Public Work's Slaff. or diRCt lhe City Manager 10 have the appropriate Slaff. look at a left twn lig)II for Danmouth and University. Because, she IIOlccl lhal is a disaster. 2. She Slated that she noticed a week ago, with the ice and snow on Windermere. is that that bridge is not going to be there much longer unless wc put some more 5IUff down to stop people from sliding on Windermere in the mornings when it is icy . Thal was just an ice uap the Monday morning we had all the black ice. she said. it was pretty scary . In response to City Manager Sears. Council Member Bradshaw clarified that it was right by the Allen Treatment Planl.just as you tum off of Navajo and you hit Windenncre. all !he way up to Belleview. She commented you could tdl when you got to Littleton because it was clear. City Manager Sears SU1ed they will wort on that. (iii) Council Member Habenicht : I . She said she wanlCd to tbam evaybody for all of the suppon on lhe Englewood Holiday Palade . It was a wonderful group of people and. she noted. they bad a wonderful group of people to follow. She said she wanted lo take this opponwlity to again thank Austin Gomes and Ann Nlbbolz who left tbc parade this year. but all of the hard wort they did prior helped make it easy as they transitioned to new lcadcnllip . She noted that a lot of the new people involved arc really excited and looking forward to next year. so they arc really happy about that . The suppon from the City. the suppon from the Slalf. cvc:rybody on tbc Slaff, Leigh Ann Hoffhines. of course. Chris Olson. Safety Services. Bob Spada. lhe Rccrcalioo l>cpanmcM. die Public Works DcparUncnt ... C\'Cl)-body jusa came to the plate. Ms. Habenicht COIIIIIICIIICld lhal slle '-d one thing thal was especially nice and she juSl wanted to pass this on to our Safety Services ~ People said that while Ibey were waiting for tbc paradc to saan. that we had a number of our officers who WCR out there son of working the cruwd 111d they were very positive:. It just ~ a --feelillg ID everybody about our Safdy Services people. so she jusa wan&cd to give an extra 1111 boy to them. Ms. Habcnichl said she also wanted to thank all of the sponsors of the Englewood Holiday Panidc. including the City. the Herald and so man)' of the businesses. They may need to fonnaliu tbal a little bit later. she said. She advised they arc having their wrap-up meeting next Tuesday. 2. She said she wanted to take this opponwlity to compliment the calendar this year. Ms. Habenicht Slated she thinks it is really better than last year and that next year is going to be better than this year 111d she is rcall)' excited to sec that. She said she hopes wc get more people panicipaling in sending pictures in. ..... Mayor Bums said he did rcc:civc a comment. one of the neighbors said thanks for pulling out tbc sips noting which streets were going 10 be closed for the paradc early enough so thal people had sufficient notJce of that. ..... Mayor Bums said he wanted 10 make one more commcnl about tbc monua,y situation. He advised tbal he would like the neighbors. if possible. to get together and try to push for a ci-gc in lhal use. if Ibey Wlllll one. thal is consistent with the zoaiag. He 111d it migh& be a n:sidcnlial IIIC, it mig)II be a IIChool ... where Ibey could try 10 get together and son of illllJUCI Council on wllal tllcy would be .-ilfied widl lhal .-kl now tJvough the neighbortiood iflhal i1 pouiblc 8ccaulc. he aotcd. thcR aecdl to be m impu.c Ht there. but wc hope they can help anm: al one and bnng IOllldhing back to III in die lilhR. II - • - .. •· • 0 I - Engkwood City Council No-ber 16, 19911 Page 17 ' • • t• • Council Member Bradshaw advised thal whal Littleton has done with some churches is allowed them to be used as Cllartcr schools. Mayor Bums said thal is an idea 13 . Cacy Maaqer'1 Report (a) City Manager Sears said Ibey talked about the change of Council member after the fint of the year and be just wamed to a,mc up with a time for iJurviews and also for appoioaomt Because. be noted. be would inagine wc are going to havc a number of applicants. He said be was wondering if it would be the ICCOlld meeting in Janllll'Y. the ,.-,, for the appoinlmalt. Council Member Bradlbaw fdt Ibey needed to do IOIIIC inlcrvicwing duriag the Sludy Scssioa on Janllll'Y 11, 1998. City Manqer Scars queslioncd wbethcr they would have the appoinancn, on the I ... Council Member Gam:st noted that as the appointment has 10 be within 30 days they would have to make the appointmcnl by the end of the month. Council Member Bradlbaw .-S .-ing 1h11 they have to appoint within 30 days or they arc in violation of the Cllartcr. City Manager Sean said 1h11 is ript. thal wc just need 10 advcnise so he wanted lo make sure thal that was the scbedulc. Council Member Bradshaw asked if that is wllal they decided. the 11 • and Is•. Mayor Bums said thal is whal they were talking about befon:. City Manager Scars SIIICd 11m is wllll they will pn,cced with. 14. City Aaerwey'• ...... City Attorney 8fllWIIIII did lllll hive aay maacrs to bring before Couacil. IS . AdjN...-t ~d~~~--.. ~·- ~ ,,,_ • .. • • 0 I 'l'l I - • I. Call to Order • • . ' • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNT\', COLORADO Special Se11ioa November 23, 1991 The special meeting oflhe Englewood City Council WIS called to order by Mayor Bums at 6 :03 p .m . 2 . hwocaaiaa The invocation was gi\'ell by Council Member Nabholz. 3. l'ledse or Allqiuce The Pledge of Allegiance WIS led by Mayor Bums . 4 . RallCall Prcsen1 : Abscn1 A que>rum WIS present Council Members Nabholz, Clapp, Garrett. Bradshaw, Habenicht, WlgOner, Bums None Also pn:seoc : City Manager Scan City Auomcy Brotzman City Cieri Ellis Dirutor Simproa Ncigbborbood and Business Dcvdopmena Senior Planner Sti11., Neighborhoc,ct and Business Developmena Din:aor Gryglewicz_ Financial Services 5. ,_lllic Heariq COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPIN A PUBUC BIAIUNG TO GATHER CITIZl:N INPUT ON THI CINDERELLA CITY PLANNED UNIT DEVELOPMENT. Ayes ; Council Members Nabholz, Garrett. Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays; None The motion carried and lhe Public Hearing opened. All witncues wa"C duly sworn . Senior Planner Stitt submitted ProaC or Publicatioa al lhe Nolice or Public Heuiag oa NoYember 6, J 991 and November 13, 1991 in lhe Englewood Herald. He allo submitted Catificaaioa alPuatiaa or111c property at 701 We11 Hampden A~ from November 6, 1991 to November 23, 1991. Mr. Slia .... Iha! we are plhend bac lonighl for die much llllicipaled. ud loag awailOd, Public Hearing oa lllc Englewood Town Ccn1cr. This endeavor Staltcd many. many years ago. be said. II was well CM!' four .... ,, - •. .. • .. •· • 0 , 2 • • Englewood Cily Council. Special Session November 23 . 1998 Page 2 • 0 - years ago when lhc idea of a major rcdcvclopmenl of Cinderella Ciiy began lo take shape. The Ciiy rcques1ed proposals for the proposed redevelopment. which led. over the course of several years, to a significant amount of negotiation with the selected developer. and other panics. as well as a significant amount of public panicipation. In fact. he assened. there has been more public panicipation in the redevelopment of this site than was included in the original a>nstruction and development of Cinderella City. There have been a number of meetings held in the last year, he recalled. with various groups in lhc Ciiy, such as the Englewood Downtown Development Authori(y. the Chamber of Commerce. !he Nonh Englewood Neighborhood. other business groups and concerned citizens. There has been a long history of individual contact •ith members of lbc communi(y who arc interested and concerned about the quali(y and type of development that would occur on this site. We have taken all that information, he said. and distilled it into a Planned Unit l>c\'Clopmcnt that addresses all lbc needs of the communities, both now and in the future . Whal we have before you tonight. he stated. is the District Plan and lbc Design Guidelines for Council's consideration. Mr. Stitt offered an inscnion of some new language into the Design Standards and Guidelines. We would recommend inscnion of this language as Anicle 1.6 . he said. at the beginning of the design standards and guidelines document. and 1.6 is Alternative Compliance Plan. In cases where the Design Standards and Guidelines may not be practical. feasible or may result in less than appropriate design response. the applicant may consider an Alternative Compliance Plan. Alternative Compliance is a process that allows modifications to the Design Standards. The proposed plan must equal or exa:cd the Design Standards intent and goals. The Alternative Compliance Plan shall be reviewed by no less than two Ciiy selected archilects. or design professionals. 10 provide a recommendation to the Plan Administrator. After passing out copies of the document, Mr. Stitt suggested that this language be inscned because it provides additional Ocxibility. We think that we have covered most of the design aspects. he said. both in lbc intent statement and in the goals as well as the individual requirements that arc SCI fonh in the document . But. because we don't know what the future may hold in terms of design and potential rcdcvdopmcnt on this site. even after this development is completed. we think it is practical 10 have that type of provision in the Code. be said. In fact. this was taken from what we currently have in our Landscaping Ordinance. he said. so it is consiSlent with the method we arc using 10 adminiS1er regulations within the City of Englewood and it provides not only the City. but also dc\·elopers and future developers. some Ocxibility to come up with a more creative design scheme that still meets the intent and goals of the PUD Design Standards and Guidelines. but may not have been forcsccn based on the design 5l3ndards in front of you . He suggCSled that this be incorporated as item 1.6 in the Design Guidelines and Standards. Mayor Bums asked what is meant by the statement "the proposed plan must equal or exceed the Design Standards intent and goals... Mr. Stitt responded that would be the statements that arc in front of that document thal list whal we arc trying 10 accomplish with the Design Standards. There IIIIIY be some design that a tenant or a developer may come forward with that docsn ·1 lit neatly into lbc 5landards we ha\"e proposed. in which case the Ciiy would call in two architects or design professionals to rc\"icw what the tenant or dc\·eloper is proposing. regarding ils compliance with the intent and goals of the Design Guidelines and Standards. It may not be faithful in terms of the leuer of the law. but cenainly in rerms of the spiril of lhc la\\. ii would be consiS1cn1 . Council Member Habcmcht said that one of the things 1ha1 concerns her is that this allows for changes withoul going to Council. It is son of like giving blanket approval for something. One of the things that has always concerned her. as a cilizcn. she said. and also as a Council Member. is whenever you have a major development. or major PD. or PUD. when 1hinp get changed. it feels like I bait and S\litcb was plilled on the community. SIie said she really feels very uncomfonablc with this language:. unless there would be some son of caveat in here thal it would have 10 go through the Council. She llid sbe does not know if it should go through the Planning and Zoning Commission and Council. but II leall it should go to the Council. ,. - •. ., I • • 0 - • • Englewood Cily Council. Speci a l Session November 2 3. 1998 Page 3 • • , . • Council Member Bradshaw said she agrees. Council Member Na bholz said she agn:cd 100. Mayor Burns said ii is disconccning because you just don ·1 know bow much the design can begin lo change under lhis proposal. He said he underslllllds his point. but design standards arc very . very imponant to this Council, and we have really held tight to the things we want in Ibis development. We don 't want it to stan to slip away, or 10 be an incentive for a developer to focus on Ibis additional provision thinking they a>uld stan to change. Obviously you could have a design standard change that would be very small, he said. and he did not think Council would wanl lo be reviewing minutia that really should not require Council review. He said he is concerned. 100. that Council should have some kind of say-so if there is going to be any significant design standard changes. Mr. Stitt said ii was lhcir intention that this would not be used very often and only in extreme circumstances. lbat is why lhc wording is stated so that it has to be equal to or better lhan what lhc Design Slalldards and Guidelines lhcmselvcs would produce ifthcy wm: applied to a panicular parcel or building. Mr. Stitt allowed that this is somewhat subjective. but design lends to be somewhat subjective anyway. It was an attempt on our pan. he said. 10 provide some nexibility in the document that would not. and a>uld not. result in a major amendment . If somebody suggested that this provision would change lhc uses or lhc traffic now on the site. this is only for lhc design guidelines lhcmselvcs. so it is just lhc requirements in the book 1ha1 you have in from of you. he said. I appreciate your concern. he said. and ii is ccnainly 001 our intent to let lhc level of the design standard drop below what lhc ordinance provides for . In fact. this was an anempt to allow for a higher standard to be achieved in cases where some unique circumstance presemed itself thal 1he regula1ions did nol approprialely foresee . Mayor Bums said if ii is not going 10 be used that often. ii seems 10 him that ii would be appropriate for Council 10 review it. If it is a major item and ii is not used very often. why not have Council review it? You could still have your architects and design professionals look at it . but just make a recommendation to Council. City Attorney Brotzman said if that is true. and you want it to come to Council. you just simply don·, need to adopt that provision. Council Member Bradshaw said because it will. as it is . Mr. Brotzman agreed. Council Member Garrett asked if someone had to do a change. and wanted to come to Council. can we do ii by resolution. or do we have 10 do ii wilh two ordinances and a Public Hearing. He said be is worried about the time frame. City Attorney Brotzman explained that is why we have this proposal, because you would otherwise have to go through all that . Mr. Gam:11 said be understands Council's concems. but if something is going pretty quickly, and it takes us a month to go through the process. Council Member Bradshaw said it takes sixty days . Council Member Habenicht said we can do things quickly, though. City Attorney Brotzman said you would actually be going through the Planning and l.oning Commission and Council process. which is pretty lengthy. The question is the balancing of the length and the process versus Council's concerns over the design guidelines. This is one option to allow you to do that faster , he said. Council Member Bradshaw asked if we can add language to this 10 achiC\'C what we want. which 1s Council review. Mayor Bums asked if any Council review has 10 go through Planning and Zoning, and Council. and ordinance. first and second reading. City Anomcy Brotzman said yes. the way ii is cwmuly written. because normally you want the recommendation from Planning and l.oning bcfon:: you make modifications 10 a plan. Council Member Garrett asked what is the language used from Olhcr ICXI in consultation with. Whal does that do? Mr. Brotzman said one of the things he can tell them is that he does not lhiM IWf is goiq to • ., •· • 0 . ·-tl ,~I' ' . , • • Englewood Ci1 y Council. Special Session No\'embcr 23. 199K Page ~ • 0 • work in a vacuum. If you 1cll lhcm. gosh this is nice and wc arc going 10 inscn this. I think if lhcrc arc going to be any son of major design guidelines. your City Manager is ccnainly going to recommend that that come to Council and you will get it through that process. Council Member Habenicht said if this little paragraph can circumvent the PUD process for some son of an amendment that would have to go through Planning and Zoning and then through Council and take sixty days. I don't sec why we can't have a little paragraph that also has in there "with the approval of Council." Council Member Bradshaw said that is why she was looking for some words to add to this, to provide a recommendation to the Plan Administrator. Council Member Habenicht said that would not take the sixty days. it just has Council also included in this. Mayor Bums asked how many days it would take to go through bolh Planning and Zoning and Council. Mr. Brotzman said you arc probably talking about two months. He added that we arc not circumventing. and what you have to understand is that the current PUD ordinance provides for administrative review. That recommendation is Council's to allow or not. he said. and what swfis saying is please give us adminiSlrativc review over the design guidelines. 11lc)• arc asking you for permission to do that, he explained. and you can ccnainly say no if you would like. Council Member Bradshaw said she likes the way this is worded where ii says the proposed plan must equal or exceed design standards. That docs not sound like it would be something less than. she said. but she would just like to sec some wording added to the end to provide a recommendation to the Plan Administrator and inform Council. or something like that . Ms. Habenicht said and come to lhc City Council for approval. Mayor Bums said there is a difference between informing Council and asking for approval. Ci ty AIIOlllC)' Broczman said he feels they would be helter off with the approval of the owner of the property. in this panicular case. Council Member Garrett said that is not us. Mayor Bums asked if that process would be quicker. since you wouldn 't need Planning and Zoning . Mr. Brot1.man said EEF would be by far faSler. and remember. the owner will always be EEF in this process . Council Member Garrett asked about the Wal-Man property. Mr. Brotzman responded that we would probably be holding that until the design is finished . D i rector Simpson apologil.Cd for introducing this particular amendment at such a late hour. Even though we appear to be moving grindingly slow with this project. he said, it has actually been moving II very lightning speed. Design is such an imponant feature for the City of Englewood. and for all of you. thal we want to make sure that things arc done absolutely com:ctly as bcSI as we know how. he said . Whal we have been finding is lhat the design standards have been evolving. as has the design, to some extent . We arc really very close. but there have been inslanccs where then: have been some minute changes here and there. What we arc t,ying to be acutely aware of is the ability to come back and to provide altcmalives. be explained. Whal we arc trying to do is take the la nguage that already cxiSIS within the landscape ordinance. and inscn it in here to provide us an opponumty to come back and look at things when it makes sense. We arc making sure that the intent and the Slandards were sarong, that they were equal to or cxcccdcd what wc proposed. bul thal we have the ability to provide some modification when it makes sense. That is where we were headed. he said. and again offered his full apologies . "' - •· • - • Englewood Cily Council. Special Session November 23. 1998 Page 5 • 0 • Council Member Habeniehl agreed that it makes sense to be able to make changes and to have a review, but assened that she would still like to have the approval from the Council . She said she still does not see why that can not be done since it is a pan of this PUD process. This is a process that protects our community in terms of what happens in this development Council meelS every two weeks, we usually are here every week, she said. and can plan an extra meeting. We have come for special meetings before if something needs to be done quickly, she continued. and stated that she doesn ·1 see why it is a big deal not to have it come to Council. Director Simpson said he can offer a couple of comments in answer to !hat and possibly even suggest an alternative to some of lhc wording. He said he understands the issue of trying 10 protect. The issue of coming 10 Council for a design approval is frightening to developers. and I am laying ii on the line, he said, that is where it 's at. This is because they don't have the level of assurance that they can get through in a timely manner. From their Slalldpoint. it could be a fairly lengthy delay, "'hich results in some real costs to them. lliat is the argument. It may be lwo weeks. but the reality is it usually is a lot harder to get on the agenda. Tbe altemati,·e here. he said. is that I have absolutely no problem notifying you of decisions or even strengthening this to say that you should have a majority approval of the design. so that two out of three. or even making it three. design professionals. to provide some of that strength. Where we were headed with the design professionals is so that it was not looked at in an arbitrary manner. but rather that City selccied design professionals would provide some good S1rong guidance to make a quick decision. so that could be drawn together quickly and moved forward. Council Member Habenicht said. regarding lhis allcmalive that is frightening to the developer, the other side is frightening to me. as a citizen and as a Council Member. Come to the City Council for approval, I could suppon that. she said. Mayor Burns commented that Senior Planner Stitt said it would not be used very often. it sounded like on major items. and I thought you said it might be used on smaller things. He asked if they could use the words major modif1C1tions. or anything like that. to try to separate smaller from larter-He opined that Council really docs not want to be involved in minutia. becwsc we could really bog down this project doing that he said. and we do have the light rail on time and on budget. and "-c have to be very aware of that . He asked if there is any way that Mr. Simpson could quanufy the l)'JIC of modificauon without having to get too definitional about the whole thing. Dircctor Simpson said. 1f Council would like 10 go on with the prcsentauon. he "'Ould sacp away. and this is imponant enough !hat he docs not want 10 make a rash decision He asked that they let him take a look at 1he words and sec 1f he can come up with a couple of alternatives for Council to consider. Council agreed. Mr. Stitt conunued wllh has presentation. He repeated that what is before Council tonight is a Planned Uml Dc\·elopmcnt for the Englewood Town Center. the Disarict Plan. which is the set of regulations thal governs 1he uses upon the site. and the Design Guidelines. the way those uses "ill look upon implementation. The "'llY the PUD is laid out. he said. it establishes rones on the site. ""luch "ill be explained 1n man: dctaal by Suzette Emerson. from David Ow-en Tryba Architects. Within each of the :zones arc development parcels that have specific requirements in terms of uses and in terms of the design guidelines thernsel\'cs. he explained. This process is very saraightforward and pr-csents a \a'"Cry cohesive and coherent plan for the development of the propeny. with a theme of a transit oriented development, a mixed use development. It 1s based on the inpul thal we received throughout the review process by citizens. businesses in the community. other governmental agencies. RTD. DRCOG. and a variely of people who have commented on this and provided valuable insight. Mr. Stitt then turned the pr-csentatioo over to Ms. Emerson. who made the pr-cscntation on the actual District Plan and Design Guidelines. -• ..... "' - .. I· • 0 f - • Englewood City Council. Special Session November 23 . l 998 Page 6 • 0 I • • Suzette Emerson. with David Tryba Architects. apologized that Mr. Tryba aiuld not be present this evening. She said he is on a well deserved vac:ition with his family . She said she would just like to go over the site plan. recognizing that Council had seen it many times. As we all know, it is Hampden to the south. Santa Fe to the west. and Broadway to the east . One of the real important factors with the site and the uiban design was to bring the grid through the project so that it relates to the city around it. We basically have three zones. she advised. the civic zone. which attaches to the all important RTD station for the transit oriented design, the center zone is the n:sidential zone. and the east zone is the retail zone with the Wal-Man. One thing that has been important to us and that we have lcamcd throughout the design of the project is the extremely important connection to Broadway. Noc only is it imponant to connect the businesses of Broadway. but it is important to us to have this vista straight through to the entrance of the City Hall. At one time. you all know that this green space was gone, Ms. Emerson reminded Council, but this has come back because everyone cherished this space. so the grcenway is very imponant. It is sixty feet wide. by over 300 feet long, she advised. We also have the RTD transit aop, for which the design of the bridge is going to be the gateway to the community. We arc looking at this as a really great opponunity to accentuate the transit oriented design with this gateway bridge into the grand piazza. 1bc overall size of this piau.a encompasses a foocball field. and there is a great fountain in the center. Ms. Emerson said they sec it as a place where parades can end and for concerts in the summer. Another thing that we have done, she said. to make sure that we mitigate the noise from traffic and the lights from traffic to the neighborhood to the nonh of Floyd is to do the divided roadway, where we have a barrier along Floyd. so that the bus traffic and the lights from the vehicles won't be as bothersome to the neighborhoods to the nonh. We have also barricrcd off' these intersections so the parting from the facilities within the Englewood Town Center won't mitigate up into the neighborhood. lbcrc will be knock down barriers. so that if there is a fire situation. the fire trucks can have immediate access. But just day to day traffic won't be able to go from Floyd to the neighborhood. she said. We arc doing the same thing along the connection of Inca to Danmouth.. so that traffic won 't aff'CCI the houses as much. Council Member Habenicht asked if the temporary SlJ'CCl is going to be a permanent stn:ct . Ms. Emerson responded affirmatively. She said it is being built-. and it will become permanent. They arc building it now, she advised. so that they can use it for consuuction. bul it will be a new road that coma:u up to Danmouth. and Inca will extend all the way through.. which will help with the site tralf'ic. lbis way, everything docsn 't have to come back clown south. but can go up nonh. Council Member Habenicht asked if there was any mitigation for the propcny owners on Huron. Ms . Emerson said yes. this will actually have a ~'all . also. We arc doing a similar treatment as wc arc doing here. she said. in that wc will ha,,: a ~'llll and a bike path. which is ten feet wide. 1bcn wc will have six feet of green space. with trccs. and then we ~i ll have the road. So it will be a real nice bike path., she added. Council Member Nabholz advised that there was a neighborhood meeting at Bishop. She allowed that it was very poorly attended. opining that people arc burned out on meetings. But this issue -di.-.mcd she said. because I am adamant that that neighborhood be protccted. We arc breaking inao a subcommittee to wort on truck traffic and protecting that neighborhood from sound. dusl and thal type o( thing. She thanked Council Member Habenicht for having an ever -tc;hful eye. bcc:aUlc -need to prolCCI those homes. Ms. Emerson agreed that it is very important and said she feels they are getting a really good deal , because wc arc putting the bike path along there. also. That will be fabulous for the neighborhood. she said. because they will be able to come down just a half a block and jump on this ten fooc wide bike path., with trees. and go south or nonh 10 connect to the rest of the path . That is something dlC I would like to touch on. she said. 1bc bike path comes clown Inca. and will be pan ol this road that is killd ol like an alley connecting the residericcs so they arcn 't dead ending in. It will conRCCI through along here, then .... ,. - • . < .. ., •· • 0 • Englewood City Council. Special Session November 23 . 1998 Page 7 • 0 • come down south on Elati . Ms. Emerson said the last thing she wanted to talk about is bus traffic . 111c diagram in the guidelines is not quite correct. she said. The local buses will be coming down Floyd Avenue through the bus bay tum around area and back out Floyd Avenue. What wc had shown at that point for the express buses, she said, was that they would come down West Girard. and then coming up Galapago. They will actually be coming up Elati and over. 111c thing that has changed most from that is the express buses. Some people are saying they would like to see buses through the tum around, and most people feel it would work real well in the drop off situation in the early morning, because the theater is DOI open. Civic Center really won't have much traffic at that point yet, wc are talking 6 :00 to 7 :30 a.m. or 8 :00 a .m . For drop off there is no wait, and they are not waiting for patrons to get in line and get on the bus. One option is to do that, but what everyone seems to like best is to also bring the express buses up Elati. down Galapago and through the tum around. We are trying to reserve Englewood Parkway through, into the Center, for the shuttle buses lo the Broadway district and to the hospital area. Since everyone knows the plan. she said. this is probably quite redundant, but Ms . Emerson said she wanted 10 just speak through it one more lime. Council Member Habenicht asked if the area. that looks son of like a street that goes from the Parkway, is a street. Ms . Emerson said it is definitely a street. and we can have shuttle buses through here. We do DOI want to encourage having the large city express or local buses coming through here. we want to keep those out and around. she said. Ms . Habenicht expressed concern that Ms . Emerson had said they were not going to have buses come that way. because wc arc trying to focus on the pedestrian orientation of that whole area. Ms. Emerson said we definitely want to focus on the pedestrian. so we are looking at the shunle buses coming through, not the large expresses or locals. which can stop near here but can not come directly through. Mayor Bums asked if they arc not planning drop-offs in the piazza for the big buses. Ms. Emerson said. as this point. wc arc not planning drop-offs in the piazza. what we have is the eight-bay bus depol and that is what we want to encourage people to use . Council Member Habenicht asked if the people who live in the housing arc DOI going to be able to catch the expressway buses in a convenient way . Ms. Emerson said they can catch them in the tcnninal or they can catch them along Floyd. Council Member Bradshaw said that is DOI bad because people will walk four to six blocks. Ms. Emerson said this is only a couple of blocks. Council Member Habenicht said she is more concerned about losing that strcetway. That is pan of my concern. she said. about the PUD. about the sign changes. and all that. is to having that really be a street. Every time we take away from its use as a street. it worries me a little bit, she said. Ms . E~rson said wc definitely want it to be a Slreet, too, not only from the concerns we have heard from the neighborhood district or the Broadway diSlrict retail. but . as you know. and wc have probably told you many, many times. that wc feel it is extremely imponant to have that access. To be able to drive through and see the Civic Center. see Ciiy Hall. with the fountain in front of it, so we feel it is very imponant and they would have to try real hard to get us to take that Slrcet out. she asscned. Council Member Habenicht asked how many lanes the street would have. Ms . Emerson replied that. right now , wc have three lanes p,ctty much C\'Crywherc . We arc widening the throats, actually. at each oftbcx intersections. to accommodate the traftk. she advised . Some of these stan at five and mitigate down to three. she said. so that we arc DOI backing up traffic on Hampden. Talking with Amie Ullevig, of Felsburg. Holt and Ullevig, he says the traffic counts mto the site arc about the same as they were when Cinderella Ciiy was thnving. II is hard to really balance ii . because traffic on Hampden is much higher. she allowed. but the traffic just into the site is \'Cl)' similar to what it was when Cinderella Ciiy was in its hay day. • ,. - •. •· • , - • • En glewood Ci ty Coun c il. Special Session November 23. 1998 Pa ge 8 • 0 I • • Council Member Habenicht asked if the plaza. with the nice median grcenway. sixty foot . has two lanes on each side . Ms. Emerson responded affirmativel y. explaining that that it is a one-way situation through here . Ms. Habenicht asked if it has parking as well . Ms . Emerson said yes. it docs. Ms. Habenicht said parking plus two lanes . Ms. Emerson said it has one-way traffic in each direction. so as you come to this stop. and you cross Galapago. you go around. and it is a one-way situation. You have the option of pulling in diagonally to your right and parking right in front of the retail or home office. which is extremely important for the vitality of those shops. but not parking along side the greenway. At one time we showed parking along side the grcenway also. but that was vetoed. she recalled. Ms . Habenicht said. so it is one lane to drive and one lane to park. and that's it. Ms. Emerson said right, and the parking is diagonal. so if I am driving down the Slrcet. I could pull in diagonally here. back out, and continue forward . And before that you have three lanes over there or two lanes. Ms. Habenicht asked. Ms . Emerson said right here we are showing three . Ms. Habenicht asked if they are all traffic lanes. Ms. Emerson responded that. actually. one is a turn lane . Whenever there arc three lanes. the center lane is considered a turn lane . Ms . Habenicht said it is not clear on the drawing. Ms . Emerson said they are not showing the traffic lanage . This is the design plan. and civil engineering is staning to work on the layouts. and the exact dimensions of the S1rcets . Mayor Burns said he had the same question. what is the third la ne . Ms. Emerson said. when a third lane is required by Mr. Ullevig and his traffic counts. it is because of turning. You want to be able to get out of the way so that you are not backing up traffic coming or going in the opposite direction . Ms . Emerson stated that we have Paul Krieger with their office. who has been the design guideline head honcho. so he is just going to talk brieO y on the organization of it and bring you up to date on what we have happening. Paul Krieger. with David Tryba Architects. said he would like to give a very brief synopsis of the guidelines. It reall y boils down to that there are two major purposes to the guidelines . The firSI purpose is to basically explain the intentions of the plan to both the City and to outsiders. he said. That is backed up by explaining also the qualities that are required of buildings that are designed within the District Plan and the Master Plan. The second pan of the Guidelines is basically to explain the inter-relationships of all the individual parcels that we have detailed out here. to give them some son of character. Explain bow pedestrians and cars work around them. what the intention of it is. what their potential future is. and to basically explain each one of the parcels as if it was a neighbor to the other parcel. he said. So . it really boils down to two basic intentions for the Guidelines as a whole. he explained. One is to explain the intention of the Master Plan as well as project. give guidance to the developers on what the intentions are, how they relate to building in the Plan. what the imponant pans arc. and then it basically goes into the detail of the inter-relationships of the parcels and the guidel ines . Basically. juS1 going to the table of cont e nts ve ry quickly. he expla ined. section one a nd three. basically go about the intentions. as well as the requirements of the Guidelines. a nd the sections two and four go into the inter-relationships of the parcels. and try to give a little bit more detail . The a ppendix of the Guidelines try to provide some visual graphics and some more detail to basically supplement the verbal text . the narrative of the front pan of the Guidelines. So the whole package is supposed to work for the City Council. for the City of Englewood. as well as be able to be gi,'CII to outside dc\'Clopcrs. outside designers. so that they know wbal the consensus of the Englewood Town Center wants to be. as well as the Guidelines that go 14ith that. wbal the restrictions are. and what the design potentials are. and then finall y it goes into detail and tells what each one of the parcel s want s to be a nd how it relates to its neighbors . Director Simpson returned. and stated that he had an opponunity for a little bit more thought in the hallway with Ci ty Attorney Brotz man and Manlcc Utter. We came up with a couple of changes to propose to Council . he said. Under the Alternati\·e Complia nce Plan. fifth line down. we would propose lo stnkc the Alternative Compliance Plan and inscn m inor modifications. So it "'Ollld read "minor ...... ,,, - • • • C , • Englewood City Council. Special Session November 23. 1998 Page 9 • 0 • modifications shall be reviewed by no less that two City selected architects or design professionals to provide recommendations to the Plan Administrator." We would inscn language that says ··major changes shall comply with the PUD District Plan." Mayor Bums asked if that means that it comes back to Planning and Zoning and Council . Ms . Simpson said if it was a major change it would have to. Council Member Habenicht said that is a little better. She said she is still a little concerned about what the definition would be of minor and major. She said she would tell them where her thinking is coming from . Quite often you will find that, what you get with Council is a practical approach. quite often when you have the designers and the architects and staff and the developers. all saying this is better, and this is better. and this is better. and this isn't major, and then all of a sudden it happens. and then all of a sudden Council says, where were we when you did this. you put a stairway there. when we know that it is the nonh wall and we have lived here for years and we know that this is going to happen. or that this is going to happen. This is the kind of thing I keep running into. As a member of Council for the last eighl nine. eleven years. she said. these arc the kinds of things that we regret not having bad control over. and I'm still having problems with it for that reason. Not to be knit picking, not to be micro-managing, but sometimes tliere arc things that the wisdom of the populace is vital. She said she does not think it would be time consuming and she worries about it. Mr. Simpson said he appreciates evcl)1hing she is saying here. and is not trying to be argumentative. He said he is trying to provide sotne understanding of where we arc coming from . The: only thing that I keep coming back to. he said. is the fact that this whole plan bas been evolving and changing, and it bas been as a response to the titne constraints on the project. and it still is. For example. we have noticed. as we have gone through the discussion of cost. trying to bring this project back 'i nto budget. One of the issues that we were talking about was the issue of tree grates. We didn ·1 think the tree grates were going to make that big of a difference because surely we should have tree grates everywhere. and it would be great. The reality is. it is a significant cost on this project. and yet . as we Rip through this book. one of the things we just noticed was that tRlC grates are required. We would love to be able to say lhal lhal's a minor change. he said. Now. when there is a massi~'C ~ change thal cloesn 't comply with these standards on the Mann lbeater. or Sony Theater. or any of these kind ofthealen lhal may be coming to you in time, it may be a situation thal unless they are able to a,mply. it should be coming back to CGuncil . It is an isme of practicality. from our standpoint. It is an issue of timing and dealing with it on a day to day basis. he said. allowing that he does not know the situation as you do. Mayor Bums said he is SOtnc:What comfoned by this. adding that be really doesn't think they want to get involved with reall y small changes. that just doesn't make a lot of sense. he said. If we ~ no control, or no definitional difference here, then everything in the world is going to cotne back to this Council. It is an evolving project and there will be so,ne design modifications. and we could just delay this thing something terrible . be said. if we have everything in the world coming back to Council. Council Member Ganctt said be actually does not have a concern because he thinks C\'Cl)thing will come back to Council. It is a question of the timing it will take . We have expressed an interesl in knowing C\'Cry detail of this project for the lasl year that I have been on Council. I can't imagine even a mi!D change. if they have to go lo the aspect of going to find architects. I think we "ill know about iL he said . Mr. Ganctt said his concern is. at least for some changes. of going through the enlirc PUD process. which will take sixty days. and we have a commitment to have this thing up and running b)· July of 2000. It is not thal I don't share your concerns. he said. but I just 1hink stalfknows they better keep us informed. Mayor Bums asked if Mr. Garrett was saying he was comfonable wilh 1his change. Mr. Garrett responded affirmatively, as did Council Member Bradshaw. Mayor Bums said he thinks he is. too . -• ..... ., •· . rr;;\ • I,, H , - • • Englewood Cily Council, Special Session November 23 . 1998 Page 10 • 0 , . • Mayor Burns asked if there were any other comments. Council Member Habenicht noled she hasn't been comfonable wilh this for years. Council Member Nabholz said she is better with ii . Council Member Waggoner comrncnled that if you read 1.5. it's fairly loose anyway, so that leaves just a few minor changes. He said he docs not have a problem with lhc change. Council Member Clapp said as long as the changes are minor. she really docsn'I see that we need to micro-manage. that is why we hired professionals. Mayor Burns said he understands Ms. Habenicht's concerns. which he shares, and we are really not making light of them at all . Ms. Habenicht said she understands that . Mr. Simpson said there are no funhcr presentations. He said they have worked very hard for the last three to four years. He said he is really pleased with this Council and this cornmunily. He said the Slaff has done a really tremendous job reaching out. and we have worked as an entire group in a great public panicipation manner. We have elicited a lot of inpul and com1ncnt. and he lhought a lot of that input is finally reOccted in this plan. It is not a plan that I think is a hodgepodge. he said. but it is a plan that is special. unique. and really reOects lhis community. He said he is personally very proud of it and thinks that it is a plan lhal Council will be proud of. 100. We simply need to move forward and implement it. and we are urging for your approval 1onight. he concluded. Council Member Habenicht said she knows there has been mention of cenain possible tenants. but this PUD docs not give approval to any tenants. She asked if that is correct . Mr. Simpson said this PUD addresses only land use related issues. The development agreement wi II still have to be signed.. he said, and that addresses a whole series of issues related to scheduling. timing. tenanting. costing. and who pays who. Responding to Council Member Habenicht, Mr. Simpson stated that any names of tenants that were mentioned in teslirnony. or in anything. are not rcOective of what goes in on this project al all. Ms . Habenicht said she wants that clear for the record. Bet1y Cosio. 320S South Huron Street. had signed up to speak. but stated from the audience that her questions had been answered. She was not !M'Olll in . Susan Altus, Community Development Adminisiraior for the Regional Transportation District, said she supports the transit oriented development . She said they all must be aware of her personal interal in transit oriented development. as well as RTD's belief thal this will be the first showcase in the meuo area. She repeated that they strongly suppon this project . Bruce Geller ach•iscd that he lives at 31 SS South Elati Street. which is across the street from Bishop Elementary School . He said that the last time he saw the plan. the wall. the divider on Floyd extended cast to Cherokee. He said he was just wondering. with the dividing wall. or whatever it is. ending at Elali, how much traffic will be Oowing past the school and his house. accessing the propcny from the nonh. The wall here ends at Elati. he said. Council Member Nabholz said that is a very good point. Council Member Bradshaw asked if the traffic thing that is at Elati will stay in place. She noted she is just asking a generic question to anybody. Mr. Geller said it just seems that. with a 129,000 square fOOI unknown retailer right then: al the corner, then: will be a lot of traffic coming south from Dan mouth. He asked if it doesn't seem that way . Mayor Burns asked if the wall was designed to go to Cherokee at one point. Ms. Emerson answered that they have always brought the wall to Elati. it has not extended O\'Cr to Delaware. so we have always • ...... - .. •· • 0 I - • Englewood Cil y Council. Special Session November 23. 1998 Page 11 • 0 - - considered this the high traffic area . We can ·1 say thal no one will go up Elati . she said. and unfonunately since Mr. Ullevig is noc here . we can 't get any numbers on the counts that he has done . She said she knows that his sense. from talking with him. is that Inca is going to be the major vehicle road to get to the nonh. just because this is where most of the parking is . Council Member Nabholz said they should still be very aware . and she wants this to be a matter of record. also, that. if this does become a problem for Elati , or any of the streets. like Delaware. that we need to immediately find a solution . We already have a lot of traffic in those neighborhoods. and a lot of traffic around Bishop Elementary School . Ms . Emerson said Director Simpson had just reminded her that she should point out that. because of the barrier here. the traffic is already mitigated. Ms . Nabholz said that accessing from Danmouth is what be was talking about. it is a drag strip through there . There was no one else present to speak. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Tiic rnocion carried and the Public Hearing closed . 6 . Rqular Aceada (a) Approval of Ordinances on First_ Reading There were no ordinances submilled for approval on first reading . (b) Approval of Ordinances on Sca>nd Reading (i) A bill for an ordinance authorizing the execution and delivery of CCltificalcs o{ Panicipation in the principal amount ofS2I .SJO ,OOO for the purpose of funding redevelopment efforts al the former Cinderella City site was considered. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (b) (i) • COUNCIL BILL NO. 72 ON SECOND READING. ORDINANCE NO . 81 . SERIES OF 1998 (COUNCIL BILL NO . 72. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDfNANCE OF TIIE CITY OF ENGLEWOOD . COLORADO. AU11i0R1ZING AND APPROVING A LEASE-PURCHASE FINANCING BY lllE CITY FOR lllE PURPOSE OF DEFRA YING TIIE COSTS OF CONSTRUCTING. RENOVATING. AND IMPROVING A CIVIC CENTER. ANCILLARY PARKING. AND VARIOUS PUBLIC IMPROVEMENTS Wl11DN TIIE CINDERELLA CITY REDEVELOPMENT; AI.JllK)RIZING AND APPROVING A LEASE PURCHASE AGREEMENT, AN OFFICIAL STATEMENT. AND AGREEMENT TO CONSTRUCT IMPROVEMENTS AND TO ACQUIRE AND INSTALL EQUIPMENT. AND NECESSARY ACTIONS CONCERNING TIIE EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $22 .000.000; AND PROVIDING OTHER DETAILS AND • ' •· • 0 . r, , - • • • Englewood Ci1y Council. Specia l Session November 23 . 1998 Page 12 • 0 , . • APROVJNG OllIBR DOCUMENTS IN CONNECTION wrrn 1l{E LEASE-PURCHASE FINANCING. Financial Services Director Gryglewicz staled lhal he would like 10 make a few a,mmenlS prior lo the vote. He said Ibis approves 1he underlying documenls which will have a lilllc liny bil of lwcaking of some of 1he language in there. bul ii won't change any of the substance of what Council is approving tonight. This includes the lease purchase agreement. an official stalcmenl. and agrccmcnl IO a>nstruct improvements. which Council has already seen before. He said he just passed oul the pricing book, which he just n:ccived. He apologized to Council for noc having lhosc earlier. Mr. Gryglewicz asked them IO lake a look al lab number IWO to sec lhe ccnific:alCS and the coupon and yield on those certific:alCS, that is also what you arc approving tonight You will sec the rates on the coupons and the term bonds down below. If you go forward. you will sec the source and uses of funds for these certificates, he said. 1bc following page shows the debt service, lhe annual debt service on lhcsc cenificalCS, which arc subject 10 annual approprialion. he advised. There is a small box down al lhe bot1om which shows lhc ralCS on 1hose cenificales. II has the average rale. which is just under S% al 4 . 9S4%, and all lhc way al lhe botlom. where ii says all in yield. which includes all 1he cost of issuance. is S.19%. so lhe enlirc cost of this issue is under 5 .2%. which is an cxccllenl rate . We are very happy wilh thal. he added. Mr. Gryglewicz thanked everyone who was involved wilh pulling ii logethcr, because ii was an issue lhat was a,mplicated and it took a lot of etfon. Tom Peltz. our bond anomey. Vicki Manox, Bob Simpson, Gary Sears and Dan Brotzman. Mayor Bums said ii seems to him that we actually put Ibis together rather quickly, once we staned. Mr. Gryglewicz said yes. very quickly. and everybody deserves a IOI of crcdil for this. Mayor Bums asked if this has already been martcted. Mr. Gryglcwicz responded lhat ii was marketed last Wednesday and we will close on the 29• of December. Council Member Garrett asked when we can start pre-paying. Vicki Matiox. of George K . Baum and Company. our financial advisor. Slated that ii is typical when you do pn:liminary off"icial Sla1CmCllls that lhat is blank. and then it is filled in at the final . The call provision which appears on the dcbt service schedule page . ilS December I . 2008 at par and so ii is a ten year par call . Council Member Bradshaw asked if after lhat we can pa~ them olf. Ms . Mattox said that is correct . You can alto rcsuuaurc this transaction one time prior to lhat call day. so if. for example. you could do an advanced rdundiag if sales ta.~ came in much quicker. and you wanted 10 pre-pay that. or much slower. you have the ability 10 rcsrructurc once prior to lhat call date. and you could actually retire the bonds swting in ten years. Mr. Gryglewicz advised •-c would assume under the rates thal we have right now lhat we arc not going IO sec rales go low enough that we would refund these. they arc just phenomenal rates . Ms. Manox said it was a wonderful project and 11 was a real pleasure to work on ii. She said Ibey should be congratulated. If you read some of lhe background material , she said, you got very good rates, and you also got some great a,mments from the rating agencies and the insurers who were ,-cry favorably impressed •1lh your project . Tiicy believe it really holds some hope for some new bnght things for the City of Englewood. There •-ere some very nice comments. if you have lime 10 go lhrough and look at those . she said . Council Member Nabholz and other members of Council thanked Mr. Gryglcwicz. City Manqcr Scan commented that Director Gryglcwicz did a really em:llcnt job. He really pulled this togelher in a \'Cly quick period of tame and did an outslandingjob. Vote rtaalts: Ayes: Council Members Nabholz. Garrett . Bradshaw. Habenicht. •. .. •· • 0 '32xl Englewood City Council , Special Session November 23, 1998 Page 13 • • - Waggoner. Clapp. Burns Nays : None The motion carried. (ii) The City Clerk was asked 10 read Council Bill No. 75 by title . ORDINANCE NO . 82, SERIES OF 1998 (COUNCIL BILL NO . 75, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING 11fE PLANNED UNIT DEVELOPMENT DISTRICT PLAN IN FUR'IlffiRANCE OF 11fE REDEVELOPMENT OF CINDERELLA CITY IN 11fE AREA BOUNDED BY WEST HAMPDEN A VENUE (U .S. 285) ON 11fE SOUTH. SOU11I ELATI SnEET ON 11fE EAST, WEST FLOYD A VENUE ON 11fE NOR1ll, AND SOU1lf SANT A FE DRIVE (U.S . 85) ON 11fE WEST.CURRENTLY ZONED B-1 , BUSINESS DISTRICT TO A PLANNED UNIT DEVELOPMENT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (b) (ii) -COUNCIL BILL NO. 7!\, AS MODIFIED, ON SECOND READING. Mayor Burns Slated that the modification is Ilic one Council adopted by consensus in paragraph 1.6, added to the design standards alternative compliance plan with the changes that we made to the original language. Council Member Nabholz said those changes being minor modifications shall be reviewed by no less than two City selected architects or design professionals to provide a recommendation to the plan administrator and major modifications shall comply with the PUD District Plan. She asked if that was correct and SC\/Cral mcmbcn concurred. Voteraalts: Ayes : Nays : The motion carried. Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp. Bums None (c) Resolutions and Motions There were no resolutions or motions IIUbmined ror approval . MEMBER BRADSHAW MOVED TO ADJOURN . The meeting adjourned al 7:03 p.m. • . .. •· • 0 I - • • • 0 ... - COLORADO PARKS MJD RECREATIOfJ ASSOCIATION September 7, 1998 Eugene Felling Universal Concens Fiddler's Green Amphitheater 6350 Greenwood Plaza Blvd. Englewood, Colorado 80111 DearGene, I It is my pleasure to notify you that Colorado Parks and Recreation Association will be honoring you at an awards banquet on October 8, 1998 in Grand Junction, Colorado . Each year, at an annual conference, CPRA recogniz.es both professionals and community members who have made major contributions to park and recreation causes . Occasionally, a situation arises where the contribution is so large or varied that it doesn't fit into the "normal" award process . In this case, a "President's Award" is sought. This year, 5 agencies nominated you and the Safe Summer Program for a President's Award . Since 1993, Universal has contributed over $646,000 to park and recreation agencies for Safe Summer Programs . These programs have provided youth with employment training, special events, teen center stan-ups, in-line hockey rinks, youth at risk recreation program scholarships and many other opportunities. The Englewood program has already been the recipient of a CPRA Columbine Award and a DRCOO Local Government Innovation Award . I am pleased to join the City of Englewood, the City of Denver, the Town of Parker, the City of Aurora, and the Foothills Parle and Recreation District and honor you with a 1998 Colorado Parks and Recreation Association President's Award . Please contact Gary Hultberg at Englewood at 762-2682 for information on hotels, etc . sincerely hope you will be able to join us in Grand Junction, so that we may honor you in person. Congratulations! Res Carolyn Armstro President Colorado Parks and Recreation Association • .. I 0 0 ' I -• • • <, Dena Zecher November 13, 1998 Keep Englewood Beautiful Commission c/o Office of Neighborhood & Business Developmant 3400 South Elati Street Englewood, CO 80110-2300 To Whom It May Concern: ,. r NOV 161998 Due to unforeseen family and personal obligations , I will not be able to continue as a member of the Keep Englewood Beautiful Commission . Please accept my resignation, effective immedilllely . Yours truly, 2871 South Delaware I Englewood, CO 80110 I 303.783.9292 . ' • . ~ . •• .. • • 0 -• - • ... Honorable Thomas J Bums Mayor of Englewood 3400 S. Elati Englewood, Co 80110 Dear Mayor Bums, '· • ;, • • November 16, 1998 NOV 1 S i998 I am resigning from the Code Eld'orcemenl AdvilOI)' Committee for pcnonal reasons . I have enjoyed serving with the dedicated members of this conunittee . Sincerely, Llomar Warren 3820 S . Galapago Engleweod, Co 80110 303-789-1582 " -. . .. . ' • • 0 - - ORDINANCE NO._ SERIES OF 1998 • • • '· BY AUTHORITY ABIILPOR f)li COUNCIL BW. NO. 79 INTRODUCED BY COUNCIL NINWI ______ _ AN ORDINANCE APPROVING SUPPLEMENT NO. 139 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WlTIIIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the incluaion of approximately 5 .412 acres into the District; and WHEREAS, said inclusion is located in Greenwood Villase north of Powers Avenue and east of South Holly Street; and WHEREAS, the zoning of this property in Greenwood Villase is Residential R-2 .5; and WHEREAS, said annexation of this additional parcel of land will not increaae the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 139 to the Southgate Sanitation Diatrict at the November 10, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $c<;tjpp 1. The Asreement between the City of Ellllewood and Southpte Sanitation District entitled "Supplement No . 139, to Connector'• Acreement", which includes approximately 5.412 acres located in Greenwood Villase north of Powers Avenue and eaat of South Holly Street, ia hereby accepted and approved by the Englewood City Council. A copy of said Asreement ill attached hereto a1 "Emibit 1" and incorporated herein by reference . $ectjgp 2. The Mayor and City Clerk are hereby authorized to 1ign and atteat, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on fint reading on the 7th day of December, 1998 . . . ----------~ . ~ • • l • - • • II - • , . • ' COUNCIL COMMUNICATION Date December 7, 1998 I Agenda Item ! Subject 10 a i Southgate Supplement #139 Initiated By I Staff Source Stewart H . Fonda, Director of Utilities Utilities Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 10, 1998 meeting , recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #139. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by the Southgate Sanitation District representing the owner, Manchester Homes, for inclusion into the Southgate Sanitation District. Supplement #139 is for an area approximately 5 .412 acres. The zoning per Greenwood Village is R-2.5 (residential) and will remain the same . The legal is attached as Exhibit A . The property is located north of Powers Ave . and east of South Holly Street in Greenwood Village . FINANCIAL IMPACT None. LIST OF ATIACHMENTS Proposed Bill for an Ordinance Southgate Sanitation District Supplement #139 , • . .. ,, • • 0 , I - - • ORDINANCE NO ._ SERIES OF 1998 • • - BY AUTHORITY ABILLPOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MIMBIR~~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO. 139 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS , Southgate Sanitation District recommends the inclusion of approximately 5.412 acres into the District; and WHEREAS, said inclusion is located in Greenwood Village north of Powers Avenue and east of South Holly Street; and WHEREAS, the zoning ofthis property in Greenwood Village is Residential R-2.5; and WHEREAS, said annexation of this additional parcel of land will not increaae the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 139 to the Southgate Sanitation District at the November 10, 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5t:<;tjop 1. The A,reement between the City of Englewood and Southpte Sanitation District enbtled "Supplement No. 139, to Connector's Acreement", which includes approximately 5.412 acres located in Greenwood Village north of Powers Avenue and eaat of South Holly Street, is hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached hereto aa uExhibit 1" and incorporated herein by reference . Sectjon 2. The Mayor and City Clerk are hereby authorized to aisn and attest, respectively. the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado . Introduced , read in full , and paued on first reading on the 7th day of December, 1998 . -1- ,,. - • .. .. • • 0 1 32 x l - - • • l • . • ' Published as a Bill for an Ordinance on the 11th day of December, 1998 . 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 a Bill for an Ordinance, introduced, read in full, and paased on first reading on the 7th day of December, 1998. Loucrishia A. Ellis -2- .. 11 - .. • . .. • • 0 , ~,,)('I -• • • (. SUPPLEMENT NO • ..tJ..!_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made 111d entered into by and between the CITY ~ ENGLEWOOD. acting by and lhrcugh 11S duly authorized Mayor and City Clerk. henlinallal' called the "City," and sountGATE SANITATION D1S11UCT, Arapahoe and Douglas Countiel. Colorado . hereiuaftet called the "Diatrlc:t, • WlllESSETli: WHEREAS, on !he 20th day of June. 1961. the City 111d the Dis1rid ...cs .., ., /ly~ in which the City agreed 1D treat -ave originating fn:lm the Oistrid'I unitary .... System within the arN Nlved by the Oiltrict. which ~ -most ,-Illy reMW9d by Connec:tor's AgrNfflllfrt dated November 11!, 19118 ; and WHEREAS, 181d Connedcr's Ag,-nent provides 1t1at the district may not enlarge its service am without the written consent of the City; NOW, THEREFORE. in c:anaideration of the mutual covenants and undertakings her9in set forth. !he partift agree a fcllowl: 1. The City hereby consents to the inclusion of certain additional -loallild in Dougial Colny, Colorado. owned by MandlNtar ~ and more fUlly described on Exhibrt A attached hereto and incorporated herein by reference. inlo ~ Sanalion Dillricl. The City agrees that said additional area may be NMld with the __. facilibel of 1he Diltnc:t . and that the City will treat the sewage dilchargad into the City's trunk line from said additional -•. all in accordance with the Connedol's Agreement dated November 16 , 1988 . Accordingly, Exhibit A ref9fTed ID in P.-.graph 1 of ll1e Connedor's Agreement dated November 16, 1988, is hereby amended 1D include IUCh addibonal ...... 2. Each and -v Olher p,ovision of the Uid Connector's AgrNment dated November 18 , 1988, lhall remain unchanged . .. WITNESS WHEREOF, the pal'beS have set their hands anci .- this --day of __ • 19_. ATTEST: CITY CLERK (SEAL) ATTEST: f ~~ A~v-<-,, ¥ MY / ( ) ' CITY~ ENGLEWOOD By · IIA,.,..,.Y,.,.OR=------- SOUTHGATE SANITATION DISTRICT, NUl'#'DE. MD DOUGLAS COUNTIES. COLORADO By :~~ PRESIDENT B I T 1 .. • • . ; • 0 I -:t? ',l I - - • • • • t• . • ' EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN LOT 2 OF THE NORTHWEST ONE QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 67 WEST OF THE 6TH P .M., CI TY OF GREENWOOD VILLAGE, COUNTY OF ARAPAHOE. STATE OF COLORADO . MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 18 ; THENCE NORTH 00·14·11" EAST ALONG THE WEST LINE OF THE NORTHWEST ONE QUARTER OF ,,,_ SAID SECTION 18 A DISTANCE OF 8.37.65 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 00·14'11" EAST ALONG SAID WEST LINE OF THE NORTHWEST ONE QUARTER OF SAID SECTION 18 A DISTANCE OF 614.79 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE HIGHLINE CANAL: THENCE ALONG THE FOLLOWING FOUR COURSES ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE HIGHLINE CANAL: (1) THENCE SOUTH 46"44°02H EAST 184.66 FEET TO A POINT OF CURVE (2) THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 741 .94 FEET, A CENTRAL ANGLE OF z4·34·00·· ANO AN ARC LENGTH OF 318 .1 2 FEET TO A POINT OF TANGENT (3) THENCE SOUTH 71"18 '02" E A ST ALONG SAID TANGENT 144.44 FEET TO A POINT OF CURVE (4) THC:~CE ALONG A CU RVE TO THE RIGHT HAVlNG A RADIUS OF 1121.57 FEET, A CENTRAL ANGLE OF 02·5.3 '1 9" AND AN ARC LENGTH OF 56 .55 FEET; THENCE LEAVING SA ID SO UTHWESTERLY RIGHT OF WAY LINE OF THE HIGHLINE CANAL AND SOUTH 00·00·52 ·· WES T 255 .04 FEET TO THE NORTHEAST CORNER OF VILLAGE HILL , A RECORDED SU8DIV1S !0N IN ARAPAHOE COUNTY COLORADO : THENCE SOUTH 39·3 1'49" WEST Ai...0N'.; Ti-::: i,v"iH LINE OF SA ID VILLAGE H ILL AND SA ID NORTH L!~E EXTE:NDE!) WESTERL Y 597 .50 FEET TO THE PO INT OF BEG INN ING CONTAINING 5 .41Z2 ACR ES MORE OR LESS . .. • • • 0 - ' ""'"" VILLdGE 12 Gr.· . i ~,: 1--r -i-~l: ·I • & f ! .w '" II ! i _.,, ..... I N GREENWO oc . . . : . ~ ' i I I i . . I -~'Vii.LAGE 1 I . . ~ I • • t• • .--,• ' ... 7 .. ~ '1 ..:..,.-'f ... ·~.-""J -N I I I ·:-,<~ r, '31 I , -J.·m·--.l .,.·._. ! I '~I '1 ._.. • '\, 111.!.•Jti ,tf' t,•OI ~ ,.,., • ,. •. II ! ·. ... . !'j -· ~ '~/"' I II · ,·.--.. ~ ... , . .;~I ~ ....... r: ... :.: :;.:. 1· -~ ·, . :'.... ... ,... : ., ! '· : , . I • ' ' •. • .. • • • 0 ..... - • • • t .. • COUNCIL COMMUNICATION Date Agenda Item December 7, 1998 10 a ii Initiated By Staff Source " - Subject Bill for an ordinance adding new language to Title 4 of the City Code regarding sales tax treatment for fundraisers Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed the this issue at study sessions held on March 2, 1998, March 16, 1998, and November 16, 1998. City staff and City Council members have met and discussed this issue with members of the Englewood School Board and parent representatives. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: This additional language in Trtle 4 of the City Code requires the vendor of products used by fundraising groups to calculate into the final price of its goods the sales tax resulting from sales and remit the collections to the City. The alternatives identified included adopting the language in State Statutes regarding exempting fundraising, but it was felt to be too restrictive . Also identified was having the schools collect sales tax and remitting to the City, but this was seen as too great a burden on the children making the sales. FINANCIAL IMPACT This action should not have any impact on the City's financial condition . UST OF ATTACHMENTS Copy of the proposed bill for an ordinance. ..... ... .. t' ,~, '.• • . .. ,, I· • 0 '32xl - • • 0 • /()ai · BY AUTHORITY ORDINANCE NO . SERIES OF 1998 COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER~~~~~~~ A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985, BY THE ADDITION OF A NEW PARAGRAPH D AND THE RELETTERING OF PARAGRAPH D TOE, PERTAINING TO CHARITABLE FUNDRAISING SALES TAX LEVY. WHEREAS . with this amendment to Title 4 , will require the vendor of products used by charitable fundraising groups to calculate into the final price of its goods the sales tax resulting from sales and remit the collections to the City ; and WHEREAS , the Ordinance does not create a new tax but rather pertains to the collection of the current tax ; 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 4, Chapter 4 , Section 4, Subsection 2 , by the relettering of paragraph D to paragraph E, and the addition of a new D, to the Englewood Municipal Code 1985 which shall read as follows : 44-4-2: SALES TAX LEVY: -DE. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of tancible peraonal property at retail or the furnishing of services if the transaction waa prevwualy aubjected to a sales or use tax properly and proportionately impoaed on the purchaser or 1111er by another statutory or home rule m uniapality equal to or in exceu of three and one-half percent (3 .5%). A credit shall be cranted aglllll8t the City's sales tax with respect to such transaction equal in amount to the lawfully impoeed local sales or u se tax previously pllld by the purcha11er or Uller to the previous statutory or home rule municipality . The amount of the credit s hall not exceed three and one -half percent (3.5%). D . Ai'N COMMERCIAL ENTERPRISE, WHETHER SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION , WHO SHALL ENTER INTO ANY AGREEMENT WITH A CHARITABLE ORGANIZATION OR GOVERNMENT ENTITY WITH THE SOLE PURPOSE OF PROVIDING TANGIBLE PERSONAL PROPERTY TO BE SOLD TO THE GENERAL PUBLIC BY AGENTS OF SAID ORGANIZATION OR ENTITY FOR THE PURPOSES OF FUNDRAJSING FOR THE ORGANIZATION OR ENTITY SHALL BE DEEMED TO BE THE RETAILER . THE RETAILER SHALL CALCULATE INTO THE FINAL SALES PRICE ANY APPLICABLE SALES TAX WHICH MAY RESULT FROM THE SALE AND SHALL BE WHOLLY RESPONSIBLE FOR THE REMITTANCE OF SUCH SALES TAX WITHOUT REDUCING -1- -• "' - I .. •· • 0 - • • ... • I• . • ' .. THE BENEFIT TO THE CHARITABLE ORGANIZATION OR GOVERNMENT ENTITY. Section 2. Safety Clauffs The City Council, hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . $eyerabjljty If any clause , sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its applicstion to other persons or circumstances. Section 4 Inronajstent Ordjnancea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Eft'ect of repeal or modjficatiop 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 liJr the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedinp, or proeecutions. Section 6. Penalty Proyiaion .. 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 __ day of ___ , 1998. Published as a Bill for an Ordinance on the __ day of ___ ~ 1998. ATTEST: Thomas J. Burm, Mayor Loucriahis A. Ellis, City Clerk -2- " -. , .. •· • 0 , -• • t• • 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 __ day of -----~ 1998. Loucriahia A . Ellis °" - • . .. • • 0 'J2xl - • ORDINANCE NO ._ SERIES OF 1998 • 0 • BY AUTHORITY I • COUNCIL BILL NO . 73 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING ORDINANCE NO . 25, SERIES 1995. WHEREAS, with the passage of Resolution No . 42 , Series of 1993 the Englewood City Council authorized the establishment of an experimental program which appointed five (5) Department of Safety Services Fire administrative positions outside the classified se.rvice of the Career Service System; and WHEREAS, by the passage of Ordinance No . 25, 1998 the Englewood City Council authorized this a permanent method for filling the positions of Fire Marshal, Assistant Fire Marshal, Training Coordinator, Assistant Training Coordinator and Emergency Medical Coordinator; and WHEREAS, the Englewood Safety Services Department desires to amend the existing ordinance to include the Fire Division administrative position of Technical Support Officer as an appointed position; and WHEREAS, the Englewood Safety Services Department desires to amend the Ordinance by changing the title of the individual responsible for safety education from Assistant Training Officer to Safety Education Specialist; and WHEREAS, due to the downsizing within the Fire Division, aome organizational restructuring occurred that required the re-uaignment of personnel to poeitiona previously held by permanent ranking po11itiona; and WHEREAS, in an effort to keep the Command ata1f ranb at a minimum, yet provide upward mobility within the orcanization, maintain flexibility for the management of the orcanization and provide financial reward commensurate with responaibilities, this appointment proceu ia uaed u a viable alternative; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ect,ion 1. The Englewood City Council hereby approves the amending of Ordinance No . 25 , Series of 1995 with the addition to the Fire Division adminiatrative po11ition of Technical Support Officer as an appointed po11ition and to change the title of the individual responsible for safety education from Assistant Training Officer to Safety Education Specialist. Introduced, read in full, and paaaed on fint reading on the 16th day of November, 1998 . -1- •. 10b i .. ..,· •· • 0 - - • • • • Published as a Bill for an Ordinance on the 20th day of November, 1998. Read by title and paaaed on final reading on the 7th day of December, 1998. Published by title as Ordinance No .~ Series of 1998, on the 11th day of December, 1998 . Thomas J . Burns, Mayor A'M'EST: Low:riahia A. Ellis, City Clerk I, Loucri.ahia A . Ellis, City Clerk of the City of EIJl)ewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pueed on final reading and published by title as Ordinance No. ~ Series of 1998 . Loucriahia A. Ellis -2- 'I • • 0 , ~I - • OIIDINANCE NO._ SERIES OF 1998 , • • • BY AUTHORITY r COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE REPEALING TITLE 2, CHAPTER 9, SECTION 8, ENGLEWOOD MlJNJCIPAL CODE 1985, PERTAINING TO THE SUNSET PROVISION FOR THE CULTURAL ARTS COMMISSION. WHEREAs, a Cultural Arts Comm.iaaion waa created by Ordinance No. 5, Series ol 1996; and WHEREAs, according to Section 2-9-8, the Cultural Arts Commission shall terminate in five yelll'8 unless the Commission and Proviaion.s of said Chapter are renewed by Council Ordinance; and WHEREAs, the Cultural Arts Commission and the EncJewood City Council wiah to delete the sunset provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADo, AS FOLLOWS: Section l The City Council ol the City of Enr!eWOOcf, Colorado, hereby •utboriaea the elimination of the •unaet Provilion by repeaJinc Title 2, Chapter 9, Section 8, EncJewood Municipal Code 1985. Introduced, read in full, and PUied oo 6nt readinr on the 16th day of November, 1998. Publiehed u a Bill for an Ordinance on the 20th day of NOV11mber, 1998 . Read by title and PUied on 6naI readinc on the 7th day of December, 1998. Publiehed by title a, Ordinance No . _ Serie, of 1998, on the llth day of December, 1998. A'M'EST: Tbomu J. Duma, Ma,or Loucriabia A Ellie, City Clerk • 1- • 10bii ... • • 0 '32 x l -• • t• . • ' <. I , Low:riabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaaed on final reading and publiahed by title u Ordinance No. ~ Series of 1998. Loucriahia A. Ellis -2- ,. ~ ' . • . " • • 0 , - ORDINANCE NO ._ SERIES OF 1998 • • ·, • BY AUTHORITY COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM THE UNITED STATES DEPARTMENT OF JUSTICE , OFFICE OF JUSTICE PROGRAMS , BUREAU OF JUSTICE ASSISTANCE . WHEREAS, the City of Englewood Safety Service Department applied for funding under the Local Law Enforcement Block Grant.a (LLEBG) Program; and WHEREAS, the U .S . Department of Justice · Office Of Justice Programs · Bureau of Justice Assistance has awarded the Englewood Safety Services Department a Local Law Enforcement Block Grant in the amount of$51 ,163 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authoriz.es the acceptance of the Local Law Enforcement Bloc:lt Grant with special conditions, a copy of which is marked as "Exhibit A" and attached hereto. Sgct,jon 2 . The City Manager and City Clerk are hereby authorized to aign and attest said Extension Agreement on behalf of the City of Englewood. Introduced, read in full, and puaed on fint reading on the 16th day of November, 1998 . Publiahed as a Bill for an Ordinance OD the 20th day of November, 1998. Read by title and passed OD final reading OD the 7th day of December, 1998 . Published by title as Ordinance No . ~ Series of 1998, on the 11th day of December, 1998. Thomas J . Burm, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -I - 10biii .. 0 I· • 0 , -• • t• . -' .. 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 1998. Loucriahiil A. Ellis -2- " - • ... • • 0 - U.S. DEPARTMENT OF l\JSTICE OFFICE OF JUSTICE PROGRAMS D OJP [!] BJA D OJIDP D BJS D NU D ovc CHECK APPllOPRlA TE BOX I. GRANTEE SAME AND ADDRESS (lncludin1 Zip Code) Caty of Enalewood :MOO Soudl El., SftCI EDaJc,oood. CO IOI 10 IA GllANTEE IRS/VENDOR NO • • • AWARD 4 . AWAllD NUMBEJl; 5. PROJECT PERIOD: F1tOM BUDGET PERJOD: fltOM 6.AWAllDDATE PAGE I OF 5 ICIIOl /1991 TO 09l3Clt'2GOO ICIIOl/1991 TO 09(3W20CJO 7.ACTION 1------------------------+---------------l ~lllilill :?. SUBGllANTEE NAME AND AODRESS(lncludinl Zip Code) I . SUPPLEMENT NUMBEll O s.s1111.:p11• -• 2A SUBGRANTEE IRS/VENDOR NO . 9. PREVIOUS AWAllD AMOUNT so.et J . PROJECT 1lTU 10. AMOUNT OF nus AW AllD S51,16.l Local Law Enlon:cmcm Block Grwns Propm • FY 1991 11. TOTAL AWARD SSl,16.l 1 1:. SPEC1AI. CONDITIONS (Check. if applicable) X THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDl110NS OR LIMITATIONS AS AllE SET FORTH ~ ONTHEATTACHED 4PAGES 1 13 STATL"TOaY AUTHOIUTY FOR GRANT C TTTU I OF THE OMNIBUS CltJME CON'BOL AND SAFE S11lEETS ACT OF 1961 . CU SC 1701. ET SEQ .. AS AMENDED TTTU : OF THE JUVD,1U J\:ST1CE AND DELINQUENCY PllEVENT10N ACT OF 1974 ,: L'S C. 5601. ET SEQ . AS AMENDED = VlCTlMS OF ClUME .\CT OF 1914 . ,: U.S .C. 10601 . ET. SEQ .• P\JBLIC LAW~~. AS AMENDED ~ <>THEA (Speedy)· 0-illul ~ ACI of 1991 (Nllic Law 105-119) 14 FUn.11£ FISCAL YE.U(S) SUPPOllT SECONDYE.U'S BlJDGET PEIUOD· ____ Nl:.;.:.:A,__ _______________________ _ AMOl/NTOF F\JNDS ______ ~N/=A~-------TYPE Of FUNDS : _____________ _ THDU> VEAA'S BUDGET PEJUOD· N/ A AMOl/NTOf FUNDS ______ .....,...._ ______ TYPEOf FUNDS : _____________ _ 15. MET1tOD OF PAYMENT THE GaAN1EE WILL RECEIVE CASH VIA A LETrn Of CUDIT AGENCY APPllOVAL 16. TYPED NAME AND TI1l.E OF Al'PllOVING OIP OFFICIAL Nacy E. Gill. DilKD .... ot,_AN.- 19A.DATE "' - --. --~ ----~ --------------- • R Jl ... I • I T .. • • 0 -• "' - • I • • US DEPAJlTMDIT OF JvSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS I SHEET 0 OJP C!J BJA O OJJDP I [!] GRANT PAGE 2 OF 5 0 BJS 0 NU 0 ovc 0 COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROJECT NUMBER 91LBVX2635 I AWARD DATE 9130/91 SPECIAL CQNDmONS I . The recipient agrees to comply with the financial and adminisu-ative requirements set fonh in the c:umnt edition oftbc Office of Justice Programs (OJP) Financial Guide . 2 . The recipient agrees to comply with the organizational audit requirements of tbe applicable 0MB audit circular. The first audit report period should be for January I, 1998, to December 31, 1998. The manaaement letter outliDin& audit findinp, submitted by the auditing organization, must be submitted with the audit report. Grantee audit repons must be submitted no later than thirteen (13) months after the close of each fiscal year during the~ of the award. Recipients who receive $300,000 or more in Federal funds during their fiscal year, are required to submit an organization-wide financial and compliance audit repon. Recipients who receive less than $300,000 in Federal funds, are not required to submit a program or organization-wide financial and compliance audit repon for that year. Note : If your audit disclosed findings or recommendations you must include with your audit repon, a corrective action plan containing the following : I) The name and phone number of the contact person responsible for the corrective action plan. 2) Specific steps taken to comply with the recommendations. 3) Timetable for performance and/or implemenwion dates for each recommendation. 4) Descriptions of monitoring to be conducted to ensure irnplemcnwion. The submissions of audit reports for all grantees shall be as follows : I) Mail original and one (I) copy of the completed audit repon to: U.S. Department of Justice 2) Mail one (I) copy of the completed audit report to: Federal Aud.it Clearinghouse Bureau of the Census 1201 E. 10th Street Jefrenonville, IN 47132 3) Mail a copy of the Cover (transmittal) letter to: Office of the Comptroller Office of Justice Proa,ams Ann : Control Desk, 5th Floor -Audit ::>ivisioa 110 Seventh Sirttt, NW Washinpon, 0 .C. 20531 OIP FOllM/2 (UV. 5-17) l'UV10US EDmONS AA!: OBSOLETt: • .... • . ' •· • 0 , - • • • "' - 0 I~ • ' U.S. DEPAJlTM E'IT OF JUSTICE AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET 0 OJP ~ BJA D OJ/DP ~ GRANT PAGE J OF S 0 BJS 0 Nil D ovc D COOPERATIVE AGREE~ENT CHECK Al'PROPRlA TE BOX PROJECT NUMBER 9ILBVX26JS I AWARD DA le 9/J0/91 SPECIAL CQNDmONS 3 . The recipient shall submit one copy of all ~ and proposed publications resulting from this agreement twenty (20) days prior to public release . Any publications (writlen. visual . or sound), whcdicr published at the recipient's or 1ovenunent's expense, shall contain the following swement: (NOTI::: This excludes press releases, newsletters , and issue analyses.) "This project was supported by Grant No . 98LBVX.263 S awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S . Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice ." 4 . The recipient agrees to provide information required for the national evaluation . S . The recipient agrees to provide SS.685 .00 over the grant period in a cash match . The recipient is reminded that the match funds are auditable under Special Condition #2 and will be binding to the recipienL 6 . The recipient agrees to submit, at a minimum , semi-annual reporrs on its programmatic activities. The first programmatic repon will be due on July 31 , 1999, covering the period of October, 1998 • June , 1999 . The next repon will be due on January 31 , 2000 , and cover the period of July, 1999 • December, 1999. The next repon should cover the next six month period and is due thirty (30) days after the end of the six month period for the term of the award. A final repon on the programmatic activities is due 120 days following the end of the grant period. 7 . The recipient agrees to submit quarterly financial reporrs. The financial repon is due 45 days after the end of each calendar quarter. A final financial repon is due 120 days following the end of the grant period. 8 . The recipient agrees to establish a trust fund in which all payments received under this Program. includin& match, must be deposited . For the purposes of this grant, a trust fund is an interest bearin& account that is specifically desipwed for this Program . Only allowable program expenses can be paid from this accounL This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Propam. The recipient also qrees to obligate and expend the grant funds in the trust fund (including match and interest earned) durin& the 24 mondl term of the award. Grant funds (including earned interest) not obligated by the 24dl mondl must be returned to BJA by tbe lasl day of lbe 27th month . 9 . The recipient a~es to supplement and not supplant state or local funds . I 0 . The recipient acknowlecf&es that failure to submit an acceptable Equal Employment Opporrunity Plan (if recipient is required to submit one pursuant to 28 CFR section 42 .302), that is approved by lbe Office for Civil Ri&hts, is a violation of iu Cfflificd AssW1111ces and may result in funds from the award being frozen , until such time as the recipient is ill compliance. 11. Tbe recipient agrees , if the funds are used for the birin& and employill& of new, additional law enforcement officers 111d suppon personnel, as described in the applicable purpose area of Subpart A section IOI (a)(2), that lbe recipient unit oflocal 1ovemment will achieve a net gain in lbe number of law enforcement officers who perform noaadmilliSll'ative public safety service. OIP FoaMr. (RE V 3-17 ) PRE VlOU S EDITIONS AllE OBSOLETE • .. .... • . ,; •· • 0 - - U S. OEP .U.TMF.111" OF JU STICE OFFICE Of JUSTICE PllOOR.AMS D o,p C!J BIA O OJJOP D BIS D NU O ovc CHECK Al'PllOl'RJA TE BOX 9ILBVX26l5 • • • .. AWARD CONTINUATION SHEET [!) GRANT D COOPERA TtVE AGREEMENT AWARDOATE 9/30/91 SPECIAL CQNDITTQNS PAGE 4 OF S 12. 1be recipiem qrees. ifdle funds are used for die hirin& and employina ofnew, additional law mforcmlml officers ad suppon i-s-1. dw die unils of local ac,vermnem will establish procedures to &ive membln oldie Armed F-wbo, oa or afterOcrober I, 1990, were or are selecled for iDvol1111tary separation (u descnbed iucioa 1141 of Tide 10, Uailed Sclles Code). appoved for sepanlioa under sectioo 1174a or l I 75 of such title, or mired punumt 1D die IUdlorily provided -- sectioo 4403 ofdle Defense Coavenioa. ReiDvesanent, 111d Tl'IIISi1ioa Assislance Act of 1992 (divisioa D of Public Law 102414; 10 U.S.C. 1923 noce), a suillble prefeteuc:e iD die employment of persons u additioaal law eaforcemmr offlcan or support penonnel. 13 . lbe recipient agrees if funds are used for enhancing security or crime prevention, that the unit of local aovemment - (a) bu an adequate process to assess the impact of any enhancement of a school security measure that is undenaken under subparagraph (B ) of section IO I (a)(2), or any crime prevention propmis tbal are established under subparqrlpbs (C) and (E) of section IO I (a)(2), on the incidence of crime in the geographic area where the enhancement is undenaken or the procrun is established; (b) will conduct such an assessment with respect to each such enhancement or provam; and (c) will submit to the Bureau of Justice Assistance an annual written assessment report. 14 . The recipient agrees tbal prior to the obli&ation and expenditure of any Loc:al Law Eoforcement Bloc:lt Gr111ts (LLEBG) llmds, at least one (1) public hearin& will be held reprdina die proposed llle(s) oflbe pant funds. 1be recipiem will provide to BJA , throqh the submission of the Follow-Up Information Form. infortllllion on the contents of the hearin&-BJA will review the fonn for compliance with enablin& lqislaaon and issue to die recipienl a Gnnt Adjmtmellt Nolice (GAN). Umil die issuance of the GAN, the recipient may not oblipre or expend LLEBG flmds. At tbal helriD&, penms sball be &i-• opponunity to provide writlen and oral views to the recipient on die proposed use(s) oftbe annt ftmds . 1be recipielll will hold the public hearin& It I time and place tbal allows and eDCOUl'lpS public lllmdance and plllW.ipllioD. ,, _ .. • • 0 I - , • • "' - .. • - -------U.S DEPARTMENT OF JUSTICE •• c,,. ....... AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS SHEET Ii.I D OJP [!] eJA O OJJDP [!J GRANT PAGE S OF S ~~ ~ D BJS D NU D ovc D COOPERA T1VE AGREEMENT ~,._ CHECK APPROPRJATE BOX - PROJECT NUMBER 9IL8VX263S AWARD DATE 9/30/91 IS . SPECIAL CQNDmoNs The recipient ap-ees that prior to die obliption or expenditure of any Local uw Enforcement Block Grmts (LLEBG) funds. a desipaaed or newly esw,lisbed advisory board will meet to discuss die proposed (purpose area) use of the IP'lllt funds. The recipient will desisnate die advisory board to mike aonbindin& recommendations to the recipient to die use of funds under the LLEBG flrosnm . Membership on the advisory board must include a representative from tbe foUowili&, however it may be broader: a) the local police department or sheriff's department; b) the local prosecutor's office; c) die local court system; d) the local school system; and e) a local nonprofit, educational, religous, or community group active in crime prevention or drug use prevention or treamlenl The advisory board must review the proposed use of the funds under the LLEBG Program. The recipient will provide notification to BJA, throu&h the submission of the Follow-Up lnfonnation Form, on tbe advisory board. BJA will review the fonn for compliance with enablin& legislation and issue to die recipient a Grmt Adjuslment Nocice (GAN). Until the issuance oftbe GAN, the recipient may not obligate or expend LLEBG funds. 16. The recipient bas certified it is in compliance with die Public Safety Officers Health Benefits Provision (section 615 ofdle FY 1991 Omnibus Appropriations Act) and qrees to remain in compliance durina die life of the awri This provision requires die unit of local 1overnment which employs a public safery officer(• defined by section 12CM ofTitle I of the Omnibus Crime Conirol and Safe Slreets Act of 1961, • -ended) to aft'ord such public safery officer wbo ream or is separmed frmD service due to injury suffered as a direct and proximale raull of a pmoaal injury summed ill the line of duly while respaadin1 to m emerpncy situation or a hoc pursuit(• sucll 1m1111 are defined by Sme law) with the-or bear level ofheahb imunllce benefits at the time of retirement or separation a Ibey received while on duly. 17. Criminal lntelli1ence Systems openrin& with support ofFederal funds, must comply with 21 CFR, Part 23, ifdle recipient chooses to implement this project. GRANTEE ACCEPTANCE OF SPECIAL CONDmONS OIP FOIIMr. (llEV . S-a7) PREVIOUS EDIT10NS AIIE 0BS0LEn .. •· • 0 1 32xl - - ' ORDINANCE NO._ SERIES OF 1998 • • • (, BY AUTHORITY COUNCIL BILL NO . 78 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A SHORT TERM LEASE WITH SATO'S FLOWERS FOR USE OF A PORTION OF THE HOME LUMBER PROPERTY AS A SEASONAL NURSERY STOCK BUSINESS . WHEREAS , the Englewood City Council authorized the purchase of the Home Lumber property by paBSage of Ordinance No. 60, Series of 1995; and WHEREAS, Sat.o's Flowers is a small, seasonal nW'8ery stock busineBS; and WHEREAS, the approval of this Ordinance will permit Sat.o's Flowen to sell Christmas trees from Thanksgiving through the Holiday Season and bedding plants April through August on a portion of the Home Lumber site; and WHEREAS, in the past Sat.o's has leased property from the previous owners of the Home Lumber property ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ection 1. The City Council of the City of Englewood, Colorado hereby authomea the Short Term Leue for Sato'• Flowera for use of a portion of the Home Lumber Property to be used u a seasonal nursery atock buainesa, a copy of which ia marbd as "Exhibit A" and attached hereto. $ection 2. The Mayor and City Clerk are hereby authorized to aip and att.ut Aid Leaae on behalf of the City of Englewood . Introduced, read in full . and puaed on fint reading on the 16th day of November, 1998 . Published a s a Bill for an Ordinance on the 20th day of November, 1998. Read by title and puaed on final reading on the 7th day of December, 1998. -I - 10biv ... • • 0 , ':l? y I -• • • (. Published by title as Ordinance No .~ Series of 1998, on the 11th day of December, 1998. 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 paased on final reading and published by title as Ordinance No . ~ Series of 1998. Loucrishia A. Ellis -2- • ' ., • . ' • 0 - • • • 0 • BUILDING LEASE This lease , dated is between the CITY OF ENGLEWOOD , 3400 South Elati Street, Englewood, Colorado 80ll0, as Landlord and SATO'S FLOWERS, as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein. the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado ; the address of which is 1225 West Belleview , Englewood , Colorado 80ll0. Said premises. with all the appurtenances, are leased to the Tenant from the Thanksgiving 1998 through Holiday Season, and April through August, at and for a rental of Two Thousand Dollars ($2,000 .00) per month, payable according to the following schedule: $2,000 .00 per month for the months of $2,000.00 per month for the months of November and December April, May , June, July and August. The first payment shall be prorated. The rent payment shall be due the first of every month. The Tenant may with approval of the Landlord extend this lease in conjunction with the 1998 Agreement for Operation of Sato's Flowers between the City of Englewood and Sato's Flowers . notice of extension shall be given in writing before the termination of this lease . THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS : l. To pay the rent for the premises above-described . 2. To keep the improvements upon the premises including, drainage , storm sewer , fences , sewer connections, plumbing, wiring and glass in good repair, all at Tenant's expense, and at the expiration of this lease to surrender the premises in as good a condition as when the Tenant entered the premises, loss by fire , inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the premises free and clear of ice and snow , and to keep the entire premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situated with no storage of derelict or junk vehicles . 3 . To s ublet no part of the premises , and not to assign the lease or any interest therein without the written consent of the Landlord. 4 . To use the premises for no purposes prohibited by the laws of the United States or the State of Co lorado, City of Englewood, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. To neither hold nor attempt to hold the Landlord liable for any injury or damage , either proximate or remote . occurring through or caused by the repairs. alterations, injury or accident to the premises, or adjacent premises , or other parts of the above premises not herein demised. or by reason of the negli1ence or default of the owners or occupants thereof or any other person , nor to hold the Landlord liable for any injury or damace occasioned by defective electric wiring, storm water, nor said premisea to be uaed for any purpOH which would render the insurance thereon void or the inaurance riak more hazardoua, nor make any alterations in or changes in, upon, or about aid obtainin& the written consent of the Landlord therefor. 6 . To allow the Landlord to enter upon the premises at any reuonable hour. IT IS EXPRESSLY UNDERSTOOD A."10 AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS : • ..... It X .. I B I T A I· ' • 0 • • 0 , . • 7. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 8 . If. after the expiration of this lease , the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession. then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental. payable in advance . equivalent to the last month's rent paid under this lease , and subject to all the terms and conditions of this lease. 9. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease. retake possession of the saici premises, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 10. The Landlord acknowledges receipt of a deposit in the amount of $2,000 . 11. At the Landlord's option. it shall be deemed a breach of this lease if the Tenant defaults {a) in the payment of the rent or any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease . The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable . In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the right to give the Tenant three (3) days written notice requiring payment of the rent or compliance with other terms or provisions of the lease, or delivery of the possession of the premises. In the event any default remains uncorrected after three (3) days written notice, the Landlord, at Landlord's option, may declare the term ended, repossess the premises, expel the Tenant and those claiming through or under the Tenant and remove the effects of the Tenant, all without being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to which the Landlord may be entitled. If at any time this lease is terminate under this paragraph, the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination, and if the Tenant remains in possession of the premises, the Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be entitled to recover from the Tenant all damages by reason of the Tenant's default, including but not limited to the cost to recover and repossess the premises. the expenses of relettlng, necessary renovation and alteration expenses . commissions and the rent for the balance of the term of this lease. 12 . In the event of any dispute arising under the terms of this lease , or in the event of non- payment of any sums arising under this lease and in the event the matter i.a turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 13 . In the event any payment required hereunder is not made within (10) days after the payment is due , a late charge in the amount of five percent (5%) of the payment will be paid by the Tenant. 14 . In the event of a condemnation or other taking by any governmental agency , all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all nght to any such paymenta. 15 . Tlus lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent. the Landlord may declare this lease ended, and all nghta of the Tenant hereunder shall terminate and cease . 16 . Tenant shall lOlure the premises for public liability and property damage in the awn of One Million Dollars with the City of Englewood as an additional insured. SHOULD A:'-N PROV1SION of dua lea1e violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with auch law or ordinance, and shall be construed in a manner so aa to comply . Tlus lease shall be bmding on the parties, their personal representative,, aucceuora and assigns. -2- • • • • 0 ' - - • • ·, • '· When wied herein, the singular shall include the plural, and the wie of any gender ahall apply to both genders. LANDLORD TENANTS CITY OF ENGLEWOOD SATO'S FLOWERS STATE OF COLORADO ) ) ... COUNTY OF ARAPAHOE ) The !orelOinc imtrument was aclmowled&ed before me thia _ day of -----~ 1998, by as President of Sato's Flowers IN WITNESS WHEREOF, I have hereunto aet my hand and affixed my of6cial aeal the day and year tint above written. My com.miaeion expirea: -------NOTARY PUBLIC -3- . ' • 0 • • 0 - • Date December 7, 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 10 C I Staff Source I • Subject 1999 Community Development Block Grant Neighborhood and Business Development Janet Grimmett , Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION g2!!;, Housing and Community Development Previous Action: City Council has approved resolutions to file Community 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 No. One which extended the Intergovernmental Agreement between the City of Englewood and Arapahoe County originally passed as Ordinance #39, Series of 1994. RECOMMENDED ACTION Approval of a resolution to apply for 1999 Community Development Block Grant funds. Funding levels for 1999 are not yet available, but it is anticipated that the funding level will be close to the 1998 CDBG award, which was $208,559. 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 primary objective of the program is the development of viable urban communities by : 1 . providing decent housing and a suitable living environment; and 2 . expanding economic opportunities, principally for persons of low and moderate income. The objective of the Federal Program is achieved through projects developed by the local government which are designed to give maximum priority to those activities which will benefit low and moderate income families or which will aid in the prevention or elimination of slum or blight. The request for funds may also include activities which are designed to meet other urgent development needs in the community which pose a serious and immediate threat to the health or welfare of the community if other financial resources are not available . The local government will determine the activities that will best serve the objectives of the program 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 . In order to receive funds from the 1999 Arapahoe County CDBG Program , the local government must subm it an application . Since the program is noncompetitive, the County will evaluate the applications based on compliance with the National Objectives . •• •· f - • • • • • The Local Program for fiscal year 1999 will consist of three projects . Funds are being requested for the following : 1. $150 ,000 for the Housing Rehabilitation Project which provides loans to homeowners to finance the costs of major household repairs and improvements; 2 . $15 ,000 for the Englewood Housing Authority's Family Sett-Sufficiency Project which provides comprehensive case management and support services to participants to make sett sufficiency a realistic goal with five years; and, 3. $50 ,000 for the new Citizen Initiated Improvement Mini Grant program which will provide matching funds for citizen-initiated, neighborhood-focused improvement projects that encourage citizens to identify a neighborhood need or desire, propose a project, and develop it into a viable planned improvement that is not otherwise addressed by the Capital Improvement Program or other City funding sources. FINANCIAL IMPACT The existing employees in Neighborhood and Business Development are available to administer the projects, and their salaries and benefits are part of the City's contribution toward funding the Housing Rehabilitation and Citizen Initiated Improvement Mini Grant. The City will utilize a portion of the COBG funding (estimate $15,000) to partially offset the costs of those salaries and benefits. UST OF ATTACHMENTS Proposed Resolution • .. I· • 0 - • • ,,,_ • t~ - .... 10~, RESOLUTION NO._ SERIES OF 1998 A RBSOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1999 COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROGRAM , TO ASSIST WITH THE FUNDING FOR THE FAMILY SELF SUFnCIENCY PROGRAM AND TO FUND A CITIZEN INITIATED IMPROVEMENT MINI-GRANT PROGRAM . WHEREAS , Englewood City Council has approved CDBG applications since 1977 and 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 development 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 1999 Community Development Block Grant to fund the Housing Rehabilitation Program, assist with the funding for the Family Self Sufficiency Program and fund a Citizen Initiated Improvement Mini-Grant Program in the City of Englewood; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section l . The City of Englewood , Colorado is hereby authorized to file an application for an Arapahoe County 1999 Community Development Block Grant to fund the Housing Rehabilitation Program , to assist with the funding for the Family Self Sufficiency Program and fund a Citizen Initiated Improvement Mini-Grant Program. I • . ' .. •· • 0 -• • • $ect,jon 2. The Mayor and City Clerk are authorized to sign and attest all neoeaaary forms , documents, a88urances 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 7th day of December, 1998. Thomas J. Burns, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Reeolution No ._, Series of 1998 . Loucriahia A. Ellia ;- ' . • . .. ... • • 0 -• • t• • ,, <. COUNCIL COMMUNICATION Date Agenda Item Subiect Supplemental appropriation for Neighborhood and Business Development for higher than anticipated costs December 7 , 1998 11 Ci for consultants in 1998 Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has always made the development of the City's businesses and neighborhoods a priority. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution appropriating funds for the Neighborhood and Business Development (NBD) Department to cover the additional expenditures incurred in 1998. The sources and uses of these funds are: SOURCE OF FUNDS: General Fund: Unreserved/Undesignated Fund Balance $150,000 USE OF FUNDS: Neighborhood and Business Development Department $150,000 FINANCIAL IIIPN:T Th is supplemental appropriation will reduce the General Fund's unreserved/undesignated fund balance by $150,000. UST OF ATTACHMENTS Proposed resolution List of Expenditures ,,,_ • .. • • 0 I I -• • • USOWflON NO;[i:/ SERIES OF 1998 A aBSOLUTION FOR THE SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO THE NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT (NBD). WHEREAS , the City Council of the City of Englewood , Colorado approved the City of Englewood's 1998 Budget on October 20 , 1997 ; and WHEREAS , the passage of this Resolution will appropriate the funds needed for higher than anticipated costs for Neighborhood and Business Development consultants in 1998; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon 1. The City of Englewood 1998 Budget is hereby amended as follows : GENERALFUND: SoWGe of Fuode : Unreserved/Undesignated Fund Balance $150,000 U1u of Funds- Neighborhood and Business Development $150,000 Section 2 . The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1998 Budget of the City of Englewood . ADOPTED AND APPROVED this 7th of December , 1998. ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellia, City Clerk I , Loucriabia A. Ellis. City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellia .- • • 0 '32xl -• • ·, • .. }I E II II ll \ \ II I \I TO: Frank Gryglewicz, Director of Financial Services . / FROM: Robert Simpson, Director of Neighborhood and Business Development r y November 24, 1998 DATE: RE: 1998 Supplemental Appropriation Request The Department of Neighborhood and Business Development is requesting a supplemental appropriation of $150,000 . This appropriation is necessary because of the extraordinary expenditures related to an Economic Development Administration (EDA) grant and the redevelopment of Cinderella City. The EDA awarded a1 $60,000 planning grant to the City in 1998 . The grant funds will be available in 1999, but the: EDA required that the local match of $25,000 be made in 1998 . The ongoing redevelopment ofCindaella City has required additional consultant expenditures of $125,000 . These costs were not anticipated during the 1998 budget preparation and are a result of the need for expertise not available in-house. • EDA Grant • Cinderella City Redevelopment Citiventure Associates Calthorpe Associates Coley/Forrest • Total Requested $25,000 $70,000 $35,000 $20,000 $150,000 \IENO _ CHIS YS\DEPnNBOIGROUPIBUDGET IDEAS\SUPPLEMENT AL Al'l'llOPIUA 110N.D0C • .. • • 0 f ::l7 XI - • • • • 0 I • - ... DATE: No,,..., ZI, 1NI 10: .. ......... FROM: ...... .. SUBJECT: Eftgle Hd Cannot Thank you for your l9qU8II to sumnwtze the work dane ~ Cllllenbn ~ on the 19deuel0pmall al Cindenlllll Cly for ttle Cly al Englwlocl. Thia memo wll t11g1111g11t the wor11-,_ peifonned llnca lhe iraption al our connct on November 1. 1917. •Ml• lie work ,iec 111 , on the piQjec:t .._. now and January 29, 1989, and on to camplltiol, in Ju1V 1, 2000. 1 •.......... .,,CWBnln ·- A,...., of Ille orlglnal cannct ....... us jull llow vay •-,-came. In ~ 1917 ... ..,. ...... 1o...._a.CRNAva111nteerelfart lrmai iffllllln*llllllle cedeu11c!pnall PftJlll9ffl. Theda lllJl*S ... nal ._,,M.ed, ID Ille burdln afa.11111Dn, n 11 I ...... and llnawal ....., ... ~on .......... ala. Cly. TIie Cly Counc:11 clackled ID CXINble toWillk wlh llllnlClcllal baugtl .. 111111 •••11 .... ti, lnllndng Ill lo 11111-111111 In ........ willon, llul IDallo "purlle dlJIICf* inll) the plllljlCI wlh a Ill•~ fllalllla plln. Ourdlallll ... w lo dalign. budllll and...,_.• lillh qlllllJ, .... pqll:I wlh long am villlllly and w 91111 • 11,..., In the ... al the ....... EURA llondl. Tim and I h T 711 the Cly IIWaugli lllil .............. I $ 7 • , cl ,.........., ......... n,a d ,. ... ......-. .............. ... P911rcalllol1la. NIIC:lng Dllllld T,,_ ... IIICll adlllcl. .......... ... ,...,,. and dallgn far .. piajlc:I, wnilll• a.,-, alllla padllng ......., dllllinllllll• lllelilOll8$IIIIIIIPlllle'*dUNa. ..........,. ...... pqll:I pralonMI. and i~,a and ........... wlll MlllnlClcllal .. CDIICl$II al ....... UN plllljlel. Bf F9bnaf 111N • piwd1. 1lap-11 .. -....... SC Mlli .... , wclalld, and Ille CIMrllln Addendum lo our......._ 1, 1117 canllar:I W a;IIIIUIMd. The ..a oll7lildoculwll W lowark wlll .. 111.ll'dlA .. ti,~ ........ In Ille TOOvtllan, ....... a pllliwftldl W ... IOII._ ....... and In -.y-. ~-Clly'•bell ....... We ._.danellll, • ............. lie liWlllpllCIIW--wftldl r..11111 -..111e.._.o1 .. m1•1 dlu1ra,e,,1Udi•P11DCU-llal .. ,1,1f1 IIII -.... n..,galllla,,a wlh ......... ol OuldDOr Alla, bmullllDft d lllllllna dOcxlmalla and dallgn ......... bmulalDrl al p,ajlct ....... piap .... ol 1111P Council bltlllllll •Ml • .._ ... ,...., and lnlema? INIIIIICII -• ,, . ) • • C ' • • 0 - coonfinalion wlll'l the Slaff . We have represented the Cily in meainga wllll the deYalap,,•ll oommunly, wit! edjlcenl land owners . wlh ~. Ille a.nber, and Olhers. We have r....i and IOfflltirMs negotilaecl, ~ .. al .. Cly ....-nan on a. PftltKI in order to provide,.. ...... ...,._ in.,. CIOfllml al the Cly's CXlllllnllnla and objectives. During this pn,cesa we aiMaed the Cly to incule W11N111 and 19*n loll llllail shopping paaems to Ille lile, advocaecl relOl:allDr'I al Ille CMc C..-to the Folaya bullding a• impClltanl anchor and • oppClltunlly ID caplln malallS al clallars in ....... urged Cbilllillilall lo the ..... grid to '9Cllplln. --al nelghbcxtlood and MIR flaadbay, ct•npioned the inclusion al ..-11111. • AK 1111ry TOO allmenl, encounaged a broad fWlll8 of IWidillltill da 1lapera to loot a Englawood, and IWUlecl the Cly's pOlenlilll and ClbjmMa to a ..... al 1111111--a Ille U188 ICSC convenllon. The pn,grw 11M .... phellOffla-. bul the t8lk la not ya done. Our WOlt ._ inlMIIIII~ .... done colllbonllwell, ....... and ........ al IINlle affortl .. not ya ~ 8'1ideM, bul 11111 far, Ille oulaolNa include: 1. TIWIII ortenlecl cleaigrl unique in 1M -.. and...._ dlalrlg lllllonll lll8nlion 2. Flnandll ...._ttllll...,.. the Cly to bulld • nawCMc C..-and con11tbu19 ..._ 110 mllan to Ille PftltlCI a a C.O.P. 3 . 0.Valap•ll plan whk:11 raqui'N Ille Cly IO UN i..a ._, 7ft al ..... 1181*_.. .. ..,....IO~bdebt 4. Ploc:ulwlall al wel 11$ I lmd, flllonal clau alapela for boll 1111111 and l'elid .............. 5. lnclw In land !1111 IAlki, paceecll lO 1W Cly flam Oltglnal 11111 ••• al S 7 mllan 10 I 18 mllon e. RT1> aa1aa,w11111 add funds to .. Pftltacl 7 . ()ppoilunlly for Cly ID add 100 alior 11--ldlrll Mng .---as I I IO *-- 8. Paealllly al bmging ........ al Oladoor Alls to pqa:t 2. ""'tp ___ ......,,, 21, ,_ .-..y 21, 1• ii now .. pqlCled ... for '*-*18 ball .. WIINlll and tw ••• I\ ....... anam. The Fol9al Cly ainncl and .. c:lnema ...... ., be ..-b¥tlal, .. CAM and CR11a 1111 •••lllll'M••• dellgl'I 91 ld,,,_and land i-c1ocumn1 wll*» be In place. Al lllt .... _... ......... aaiii• d and I\IOWII ...... IO ...... I II ,. w. ..... an our~ ID ace--..'* CUIXlffle, and I don1 --, "dllllt I I Ir" flam .... ID ..... bul I do-a IID-.d daallandcawflllwc..t8:alui11a II tfW .. ID ..... 11* ....... We IWle to -,an ll:hedllle, fill e. nun. OIi.,........., .. .._al c.o.,;laa, in .. ........., ..... upcanng hoillll¥S_..'*• ., ... ...,. ---The .......... qullllyand llfflllMnaecllDbepaeclecl lnllde9- ., • ..,.. W.would a.1DconllnuelD ........ ,....-.... ......... unlll llNlle CIOilbmS ........ • " . I· • C .• ; 1 Ir, , - - • • . ,~ • 3, Wprttp ........ ......, .. ,.,,..,, ,, _, Once h mnlml:ts ........ I la a nallnl tnlk .... far a c:llalga In .. 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WIIMlll•--ffllec:llra•O...llsp 7 ,_._. ....... ., .. o.a,. ......... _..... .....• .., .... ...... 2. ----~----......... 0..,. ........... ........ ___ ......._ l ................. ,..._ .... 11$ ••Gllf-•GllfCllaa. ,__ _ __,,..._ ....... -. 4 . ., ...... 1-. ....... Dallll;llr ... Gllf'8 ............ _ ... ,... ...... -........................... _lltl,..., ... .. .... --o.a,.--.. , . ., ............................ o..,.., ......... __ _ ., ..... ___ .... ~_ ........... _ ... __ _ .............................. ., .. _______ .. _ ... .............. 6. ~ .......................................... ...,., .. ............... 7 .......................... .,0..,. ........ ...... ............... ........, I Jt• .. Cllfo.aa. I . IIIIIIBDI I; .............. _ .... Cllr•---------.............. .......,, cc •• as •CIIJaa.a. 9 .• _................. _...... _ __.. .......... .. pJ ' ........ -............................... ... ........ 10. ----....................... ,.... ......... .... CII __ ......... ------... 0..,. .... ...... __ ... ___ tt ....... -.... ..,,...... .................... __ ....,. --·' lOlaaa "' - •· • 0 • • 0 I • • COUNCIL COMMUNICATION Date Agenda Item Subject Resolution on General Iron December 7, 1998 11 C ii Works Land Use Initiated By Neighborhood and Business Development I Staff Source Mark Graham, Planner COUNCIL GOAL Redevelopment of General Iron Works. PREVIOUS COUNCIL ACTION ,,, - In 1997 Council passed a Moratorium limiting new building permits and business licenses for the industrially zoned land bounded by Broadway, Santa Fe , Dartmouth and Yale so that land use and redevelopment opportunities could be studied. During the Moratorium , Staff worked with residents and businesses developing issues and priorities for future land use to incorporate into the Englewood Comprehensive Plan . Also during the Moratorium , Council accepted an EPA Brownfields Grant that paid for a Phase I Environmental Assessment of the area . The Study was presented to Council in January 1998. In an April 1998 lalter, (attached), Council wrote to the Colorado Department of Health and the Enwonment regarding the City's interest in determining the "appropriate redevelopment of the property." MCC IEPIDED ACTION Staff requests that Council approve a Resolution supporting General Iron Works property rede~t based on an Environmental Risk Assessment for a full range of land uses including tndustnal, commercial, civic , and residential uses . Staff will forward the Resolution to the Colorado Department of Health and the Environment for inclusion in the public comment on the Voluntary Cleanup Appllcat1on for the subject property and ask that the proposed restrictive covenants be denied . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: Atlas Metal , as current owner, has submitted an application for Voluntary Cleanup of its industrial site to the Colorado Department of Public Health and the Environment (CDPHE). The General Iron Works property is currently under contract for sale to an industrial user . Although the owner frequently and publicly made commitments to work with the City to identify appropriate land uses and users that would be compatible with adjacent residential neighborhoods, they have considered only industrial uses in their application to COPHE . The City committed revolving loan funds of approximately $118,000 from the Brownfield Pilot program to studying the condition of the land and to determine what amount of environmental cleanup would be required for a range of land uses including industrial, light industrial, commercial and residential. The funds were made available to Atlas Metal for over 90 days before Atlas informed the City that they would not accept the loan and would not consider land uses other than industrial uses . In their application , Atlas Metal proposes to establish reatrlcttve covenants, (attached), that would forever prohibit a range of land uses on the GIW property, such as parks and recreation , libraries, schools and residential development. . -..... •. •· • 0 , -• • • '· Staff believes that a risk assessment for a full range of land uses should be completed at the General Iron Works site . This risk assessment should be complete before restricting redevelopment options. No access to the site has been granted to the City for such an assessment. The Environmental Risk Assessment is the best protection for the health, safety and welfare of Englewood citizens and an important consideration for determining the appropriate land use and zoning. Staff has made arrangements for expert review of the data submitted to the Colorado Department of Health and the Environment in Atlas Metal's application for Voluntary Cleanup for industrial uses. This review is expected to be completed within 3 weeks . Based in part on the recommendations in that review, staff will return to Council with recommendations for appropriate zoning and redevelopment of the property in the best interests of the Englewood Community. FINANCIAL IMPACT The cost of the Environmental Risk Assessment is an eligible expense of the Brownfield Grant awarded to Englewood by the U.S. Environmental Protection Agency and administered by the Neighborhood and Business Development Office. UST OF ATTACHMENTS Proposed Resolution Letter to CDPHE Atlas Metal's Proposed Restrictive Covenants • I • . • • 0 , I - ISIOUJTION NO.~ SERIES OF 1998 • • • ... • AaaoLU'ftON 8UPPOlt'lDIQ UBSVBLOPIIBlff a, fllB CJBlllBUL DIOlfWt'IIB PROPERTY BASED ON AN ENVIRONMENTAL BJSK ASSESSMENT FORA FULL IAN08 OP LAND U8BS THAT BNIL\NCB AND PW10'1'SCT fllB IIBAL'ftl. 8AJl9ff, WELFARE OF ENGLEWOOD CITIZENS. WHEREAS, the Englewood City Council recogniRB the importance of the appropriat.e development of the General Iron Works ait.e to the health, safety, quality of life and community pride in Englewood; and WHEREAS, the City of Englewood deme, to promote and protect the peace and quiet enjoyment of l'Nidential neigbborboocl; and WHEREAS, the City of Englewood encourape induetrial ent.erprues to be appropriat.ely located; and WHEREAS, analyzing environmental clat.e for a range of land UNB provides ecientific buie for appropriat.e land UNB and zoning; and WHEREAS, environmental hazarda auoc:iated with General Iron Worb may be mitipted, reduced or eliminated with appropriate enpneering and development; and WHEREAS, alone with the Enviromnental Protection Apney and the Colorado Department of Public Health and Environment, E..i-ood bu reapollllibilitJ and authority for prcmaCJtinc the health, aafety and well beiDc al citiana cm and -the General boa Worb Bite; • NOW, THEllEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertior l . Tbe City Council al the City al Enpewood, Colorado _.. i.u auppon filr a complete enviroamental riek au n rm,ent iJr a ranp af land UNB indudiac indumial. comme n:ial, civic and residential at the General lroD Worb property. ADOPTED AND APPROVED tbie 7th da:, af December, 1998. ATTEST: Tbomu J. Burne, Ma:,or Loucriahia A Ellie, City Clerk I. Loucriahia A Ellie, City Clerk for the City af £asl-ood, Colorado, hereby certify the above iB a true copy of Reeolution No .~ Seriae af 1•. • • 0 I -• • - City of Englewood CllY COUNCIL Thomu J, Bum, M4yor Dlsmc: II Aleundr~ H.u,r.,,c,r ~yo, !'re 7em 1'«~rge ~J.llracsr.aw Counc:I ..,e,-,ce· Al. '....r3e- Uun ,::•co Counc:I ..,emce, Oisrrc: ill Do~c..rre,, Counc:I ~ce, Dtsmc: :v Arin ~nci:. Counc.:I .~e~c~ Oismc: I Katis 'N.IS11c ne, Counc.:I .'\P\e""l'loe~ Ar ..J.r3e 34CO South ~n Sue-ft Englewood, Coioraco 80 11 0 -ZJO.l l'hone (303) 76l · l ~ I 0 FAA 13031 ,6l -U08 • April 14 , 1998 Mr . Mark Walker. Voluntary Cleanup Program Colorado Department of Health ar.c E:wironmer1t i300 Cherry Creek Drive South Der1ver . Colorado 80222-1S30 RE : Former General Iron Works Dear Mr . Walker: ~ City of E:iglewood has obtained a brownfields pilot grant from the U.S. Environmental Protection Age!1Ci . One of the prime foc:ises of the City's grant is the redevelopment of the former General Iron Works properry . Through the brownfie!cs program. the City funded a Phase I environmental assessment on the ;:,roper::_,.; ar.d intends to work with the c:ment property owner. rlas Metal and Iron Corporation. to determine appropriate redevelopme:it of the proper.y . Because this is a critical project !or the Ci~· of Englewood. the City suppons the application of Atlas ·Jncer the State's Voluntary Cleanup and Redevelopment Act . Sinc2rel);. @-Q/}z/fJ9/)wt"'Y Thomas J . Bums Ma);or .. • • 0 I - - • • .. • t• • PROTECTIVE COVE'.\A'.\T WHERE..\S. The undersigned are the owners of the follo\,ing described re:il property. loc:ited :it 601 West Bates Street. situate in the County of Arapahoe. St:ite of Colorado . leg:illy described in Exhibit A attached hereto (the ··Property""): And WHEREAS. pursuant to an Applic:ition and approval dated December _. 1998. from the Colorado Department of Public Health and Environment pursuant to the Volunwy Cleanup and Redevelopment Act. C.R.S . §§ 25-16-30 I to 25-16-311. the undersigned has agreed that SAID REAL PROPERTY SHALL NEVER BE USED FOR RESIDE:-.JTIAL OR AGRJCUL TURAL PCRPOSES . NOW, THEREFORE. said owners do for themselves. their gr:intees . successors and assigns. hereby declare. impose and establish conditions and protective co,·enants with respect to the re:il property above described as follows : A. Restrictions : l . Land Use: Development sh.lll be limited to uses consistent with zoning for the Property. provided that no residential buildings shall be erected. altered. or placed or pennitted to re:nain upon any part of said Property and residential uses shall not be allowed. Residential uses shall include. but are not limited to , apartment complexes. single or multiple family dwellings. schools, day-care facilities. libraries, restaurants. grocery stores. and parks or recreational fac ilities . :-.Jo agricultural uses shall be allowed on said Property . ., Groundwater Extraction : No groundwater extraction for domestic use shall be permitted upon or on such Property . Groundwater extraction shall only be aUo\!ied for use in industrial or commercial processes allowed by paragr:iph I above . 3. Environmental Management Plan : Any construction on the Property which will cause exca\ation or disturbance to the surface or subsurface on the Property shall comply with an Environmental Management plan attached hereto as Exhibit 8 . B. Tom; These covenants are to perpetually run wi th the title to the land. and shall be binding on all parties claiming under them. C. Compl iance : F:iilure to comply with the terms of this Protective Co\enant may render void the approval dated December _. 1998, of the Colorado Department of Health and Environment. • • 0 I -• • - D . Se\"er:ibil itv · Invalidation of any of these covenants by judgment or order shall in no way affect any of the other provisions which shall remain in full force and dTcct. E. Disclaimer. The recording of this Protective Covenant shall notify all subsequent owners of said rc:il property that Atlas Metal and Iron Corporation disclaims any liability for future use of said real property in violation of this Protective Covenant or the Environmc:nw Management Plan attached hereto . DATED this __ day of _____ , 1998 . ATLAS MET AL AND IRON CORPORATION By : ____________ _ Title :--------------- State of Colorado l l ss. County of ____ _ l The foregoing instrument was acknowled&cd before me this __ day of ____ _ ______ __,by _______________________ . My commission expires : --------- Witness my hand and official seal. Nowy Public . . .. • • 0 I ~? I -• • • COUNCIL COMMUNICATION Date Agendaltem Subfect S & H Concrela Agreement for December 7, 1998 I 11c• Waler and Sewer Taps Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Agreement went to the Englewood Water and Sewer Board on November 10, 1998. After discussion, the Water Board moved and passed a motion to forward the request to City Council for final approval. The Board recommends Council approval, 111J ......_cl .. AglNment Regarding W_, and S--Tapa for Donald and Jucllh Galland._,.. al 2IOO W. Union Ave., BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: 5 & H Concrete, the tenant at 2600 W. Union Ave .• has requested to connect four buildings to sewer and water with one water tap and one sewer tap for all of the buildings. The buildings are all separate and located on the same parcel of subdividable land. The owners of the property, Donald and Judith Gilliland, have submitted an Agreement to not subdivide the land unless the water and sewer arrangement is brought to City Code with separate water and sewer service lines. None. UST OF ATTACHMENTS Agreement Regarding Water and Sewer Taps .. • • 0 - • • • . . • AGREEMENT REGARDING WATER AND SEWER TAPS Whereas , the Englewood Munic ipal Code requires that each structure , which is on a property which, is siruated so that it could be subdivided, must have individual water taps. E.M .C. 12-IB-7{A ). Whereas , the Englewood Municipal Code requires that each structure on a property must have a separate sewer line . E.M.C. 12-2-4 (A). Whereas Donald R. Gilliland and Judith A. Gilliland are the record owners of2600 W. Union Avenue whose legal description is : Section S Township 5 south, Range 68 west Beginning 4652 feet west ofN.E. comer of N.E. Y. of S.E.1/4, thence soulb 627 feet, thence west 238 feet, thence north 627 feet, thence E. to beginning except roads. P.P.I. # 2077-084-00-034. Whereas , as the record owners, Donald R. and Judith A. Gilliland request that an exception be made for their property as described above, said exception being that they may maintain the property in its current condition with four ( 4) structures while having only one existing water tap and one existing sewer tap. 1n exchange for this exception, the owners agree that they will not change the number of structures nor replace a structure without bringing the entire property into compliance wilh the ordinances and obtaining additional water and sewer taps as required by ordinance. The owners further agree that they will not subdivide the property without briqina the entire property into compliance with the ordinances and obtaining additional water and sewer taps as required. The owners agree to comply with all ocher water 111d wasiewmer ordinances of the City of Englewood. The Parties agree that this document may be recorded with the Clerk and Recorder of Arapahoe County. ak<#~ Donald R.. Gilliland DA TED : --'11 ..... /._.'5:,._~ .... ~'-"--- STATE OF COLORADO ) ) ss . COUNTY OF /ftU 7"->ff:Tr ) On th is 5"~ day of A).!Vl.,,..__"7--. l99l before me personally appeared Donald R. G illil and. kn own to me to be the owner of2600 West Un ion Avenue , En&lewood, Colorado IO 110, the foregoin & instruments and acknowledged the said qreement to be a free 111d voluntary act and deed for the us es and purposes therien mentioned and on oath swed that be was authorized 10 execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sal the day 111d year My comm issi on espires : .:::J,t..,J . 1-'7. 2.<l I ~~-""'""'"...... ~ t OTAllY ,,;- • . •· • 0 - . . ' • • • • • f • e, c,.~jl)f)i,_'4, j, (i udith A. Gilliland . STATE OF COLORADO ) ) ss. COUNTY OF ,,+I..AP,4H,tr ) On this ~ day of AJ ~~ , 199~ before me personally appeared Judith A. Gilliland, known ro me robe the owner of2600 West Union Avenue, Englewood, Colondo IOI 10, the foregoing inslrumeats and aclawwledpd the said apeemeat ro be a liee and vollllllary Kt and deed for the uses and purposes theriea mentioned and on Ollh Slated that be was authorized ro execute said instrument IN WinlESS WHEREOF, I have hereunto set my hand 111d affixed my official seal the day and year first above written. My commission espires: ~ '2/7 "Z...cv I I ctlY OF ENGLEWOOD Bv: Seu Foada, Direcror of Utilities DATED: ______ _ ' , • • 0 • • • - 0 • , . . • • I · • C •• 4 I ··; 1 Ji ' • - • • • • ,.----- 0 : • • --- - &L-fo< -UIJ/z;~ --- 1/Jf-(j,u, flV}ll1f~ C,fa _,~~ • • . , '; i ..r, I. . C -• - 0 - • ,,. - .. 'n J '; 1 ... . -. • • -,. . - 0 ;. -. . /l /I / . . • • I • f • • , 0 • /1 /1 I ~~ -~---- (j)~ ~ --- ~@Aul~t:uJgMA/ - --(;!;>~-~ fy/F--= -~ (i)t71~-~,, --@Wk---------= (j} ?N-;fk;-=-r Er/It-- /U{)?~ -- • ~ ~~-~~~~~ . - • I . . C • . , .. ' • - 0 : • • (§) -~ (f,uja /J)dw- -~ -!Y rJttL~~~~ • • • • ••• ,. - /l /I I ~ . . . I . - • • • • . . 0 • ... /I /l / ---- d--~-~~ -m-J -=&-_v~--~n~ ~ ~-- ---/J_},U.,{~~ --- --·---~-b~n,c,- . ' ' . . . I. . C -• • t• • ' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 7, 1998 7:30 P .M. 1. Call to order. f) :tj-;..~ 2 . Invocation./}~ 3. Pledge of Allegiance . ~ 4 . 5 . Ro11ca11 . v/~ Minutes . ,,, _ ~?-{)· Minutes from the Regular City Council meeting of November 16, 1998. Jt~W °I!°-~ Min"'8S-tt,e Special Cily Council meeting ot Na,e"'c!v . /),~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . a . Carolyn Armstrong , President of the Colorado Parks and Recreation Association , will present the President's Award to Gene Felling, Vice President and General Manager of Universal Concerts, for his support of the Safe Summer Program . _#13· Letter from Dena Zecher indicating her resigna · V Proud/Keep Englewood Beautiful Commission . 'tl I J b . Letter from Uomar Warren indicating her 1 r~j";~. ff~ the Englewood Code l -0 Enforcement Advisory Committee . (l~ 9 . Puyng. (None scheduled) PINN nole: It you haW • dl1111aty and nNd a1Xlllary aide or W"•1cN. plaw nollly Ille Clly ol !l ... wood (303-712•2405) • INst 41 houra In advance ol wllll'I NrvlcN .. nNdad. n.tk you. .. •· • 0 , • • • 0 • Englewood City Council Agenda December 7, 1998 n ./, Page 2 '/,,-,,V 10. a . Approval of Ordinances on First Reading. i. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #139 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Department of Financial Services to adopt a bill for an ordinance adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . STAFF SOURCE: - Frank Gryglewicz, Director of Financial Services. ~pl;;iQordinances on Second Reading. /JI~ /{)(J-~ ·.)._~}4{ (j? 1 j/,. z{Q i. Council Bill No. 73, authorizing the appoi:i;ent :/additional ;re Division tf:1r _y_)._ administrative positions outside the Career Service System . ii. u1JJ-ref milt K iii. Council Bill No. 76, removing the sunset provision from the Cultural Arts Commission Ordinance. Council Bill No. n, authorizing the acceptance of Local Law Enforcement Block Grant funding from the U.S . Department of Justice, Office of Justice Programs, Bureau of Justice Assistance . ,il JJ/:-~ iv. Council Bill No. 78, approving a short term lease with Sato's Flowers for use I/ L of a portion of the Home Lumber property. . #.f/ellutio~nd Motions. ~ /0 ~ J () _ IL i. Recommendation from the Dep~ment of Neighborhood and Business ~ ( () 3 Development to adopt a resolution authorizing the application of 1999 ---Community Development Block Grant funds. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. 11 . Regular Agenda . a . b . Approv~Ordinances on First Reading . Approval of Ordinances on Second Reading . g · c . Resolutions and Motions. ~ ~ /11 · /. i. Recommendation from the Department of Financial S~t a Ii ,,, JI / J:!c..r resolution approving a supplemental appropriation for Neighborhood and I" t,o ~ 7 ~ Business Development to cover higher-than-anticipated costs for consultants wrr{h ~ST-~~-.... .-. PINN nola: I ,ou have• dlublllty and nNcl IIWllllary aids or ....-.tees, plNN nollly ltw City of Englewood (303-712-24GI) al INat 41 holA'a In advance of .... NrV1cN .. IINClecl. Thmk you. • .. "" • ..... •. ., , •· • 0 • .. • • <. ,Englewood City Council Agenda ~Ji:-~ ~=:::=:~o~~~~ a~:s~:~~~~~~~~g ~~:i':!1:«:n:~~~.8the ~,, ~ AJ~ .. r /--V General Iron Works property. STAFF SOURCE: Mark Graham, Planner ,l5 ~ iii. Recommendation from the Utilities Department to approve, by rnoliorW an II~ agreement with S & H Concrete regarding water and s,rj!' _tBPJ~ ~AFF _ v-fl ~ SOURCE: Stewart H. Fonda, Director of Utllltles. (~ ~ 12 . General Discussion . a . Mayor's Choice . .. b. Council Members' Choice. 13. City Manager's Report. a. Englewood Center Update . 14. City Attorney's Report. The following minutes were transmitted to City Council between 11/13/98-12/3/98: • Englewood Board of Adjustment and Appeals meeting of October 14, 1998 • Englewood Code Enforcement Advisory Committee meeting of October 21 , 1998 • Englewood Cultural Arts Commission meeting of November 4, 1998 ... • • 0 Plewnola: lyouhawadl11llllltJandMedamllaryaldaor•.rta11,,.._.namya.ca,a1 .. 91aood (30S-712-24CII) ......... hours In ..... al ..... ~ ......... T'-*,-. f 32xl - . . ·" • • • • December 21, 1998 ENGLEWOOD CITY COUNCIL Regular Meeting ,,,_ • .. /