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Home My WebLink About1998-11-16 (Regular) Meeting Agenda....... . ~ • • - REGULAR CITY COUNCIL MEETING NOVEMBER 16, 1998 ORDINANCE #~ 81, 82, 83, 84, 85, 86, 87, 88, 89 RESOLUTION I ~3, 104, 105, 106, 107, 108, 109 • 0 • •· • 0 , I - - • • - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar SalNMI Noveaber 16, 1991 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. bmlcatiN The invocation was given by Council Member Nabholz. 3. Pleqe of Altepuce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Council Members Nabbolz. Clapp, Garrett. Bradshaw, Habenicht, Waggoner. Bums Absent : None A quonun was present Also present : City Manager Scars City Attorney Brotzman City Clert Ellis Senior Planna Stin Director Black. Parks and Recreation Director Gryglcwicz. Financial Services Director Eslcrly. Public Woib S. Mia.ta (a) COUNCIL MEMBER aRADSHAW MOVED, AND IT WAS SI.CONDltD, TO APPROVE THE MINUTES Of THE REGULAR MUTING OF NOVEMaER 2, I,,._ Ayes : Council Members Nabbolz. Gam:tt. Bradshaw. Habcnicht. Waggoner. Clapp. Bums Nays : None Motion carried. 6 . Sdledllled Vlliton (a) Mayor Bums advilcd tbal Olp Wololyn. Oair of the Englewood Cultural Arts Commission. would address Council concerning the SWlllCl provision or the Cullural Arts Commillion Ordinance. which is item 11 (a) (ii) on tonight's agenda . Ms. Wololyn. 3210 South Lincoln. Slalal sbc was hen: on behalf or the Cultural Arts Commission to support the removal or the a.SCI claulc from their Commission's onli....:c. As .. Eaglcwood cilimt • has really been ddighled to live in a pi.:c where people who make their living. or who arc jull ~ in the ans, arc welcomed 10 participalC in p'Cmmcnt. As a commissioner. along with the other • . •· • C , - • l.n&kwood City CCN1ncil November 16, 1991 Pacel • • • commissioners on the board, they have been working really hard to give this commission a SIJUcturc that will endure past their tcnns. Obviously, she noted, if they didn't have this SUIISCI clause they would have a lot more confidence and it would be great to know that whal they arc planning has a future beyond five years . 7 . N-lleduled Viliton Tbcrc were DO non-scheduled visitors. 8 . Coa•Hiutiou, Pnda•atiael ud Appeiataaltl 9 . hlllic Bnriac No public hearing was scheduled before Council . 10 . C-'Al,mlla (a) Apprvval of Orclinanccs on Fif11 Reading COUNCIL MI.MBI.R WAGGONER MOVI.D, AND IT WAS SI.CONDI.D, TO APPROVE CONSENT AGI.NDA ITEMS 10 (a) (I). (II) ud (iii) ON mtST READING. (i) COUNCIL BILL NO . 73 . INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO . 2S, SERIES OF 199S (ii) COUNCIL BILL NO. 78, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE Al111fORIZING A SHORT TERM LEASE Wl11f SATO'S FLOWERS FOR USE OF A PORTION OF 11IE HOME LUMBER PROPERTY AS A SEASONAL NURSERY STOCK BUSINESS. (iii) COUNCIL BILL NO. 77, INTROOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlTl1fORIZING 11IE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM 11IE UNITED STA'reS DEPARTMENT OF JUSTICE , OFFICE OF JUSTICE PROGRAMS . BUREAU OF JUSTICE ASSISTANCE . Motion carried. Ayes : Council Mcmbcn Nabholz. Gama. Bradlblw. Habenic:lll, Wagoner. Clapp, Bums Nays : None (b) Approval of Ordinances on Second Reading Tbcrc were DO additional ilems submiUcd for approval on lClllllld rmling. (Sec Apada Item 11 • Regular Agenda .) .. • • 0 - • E.n&tewood City Council November 16, 19911 Pacc:3 (c) Resolutions and Motions • • • lbere were no additional resolutions or motions submitted for approval . (Sec Agenda Item 11 -Regular Agenda.) 11 . ltrplar Acenda (a) Approval of Ordinances on Fin1 Reading (i) Mayor Bums Slllcd this item is a rcc:ommendation from the Department of Neighbomood and Business Development to adopt a biU for an ordinance mthorizing a Right4-Way Use Agn,cment between the City of Englewood and Metricom. Inc. Council Member Gam:tt advised Mayor Bums he would like to recuse himself at this time . Mayor Bums asked that the rcconl show Council Member Garrett is n:cusing himself at this time due to a conflict of intcn:st because of his employment . He noted that Mr. Garrett is a staff attorney for TCI . Senior Planner Stitt advised that Ken Fellman. Special Counsel. was here to make a presentation and answer any qucstions Council may have on this panicular item. Mr. Fellman Slated that the reason this bill is before Council is to address an issue and a right~f-way use agreement thal they arc recommending between the City and a company called Metticom . He pointed out thal Jerry Feathers. a represema&ive of Metriaml, was here to answer any questions Council might have about his company or their product . Mr. Fellman said he would like to briefly explain wllal Metticom docs. They provide wireless telecommunication services. utilizing a very low power transmitter. He asked Mr . Feathers to hold up the box . 1be clcvice, he noted. is about the si7.c of a shoebox with a little 3IIICnnae coming out. They hang from the tops of light poles and they basically provide a wireless modem service. lbey 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 inlemct access and access to your local network al your office or City Hall . Mr. Fellman llated they arc trying to get this service up and nmning in most of the ....,.. llldn> aras around the QOUlllry and they are abady up and Nlllling. with a tJack m:onl CMr the last couple of years. in Washinglon. D.C .• in the hay ara. in northern California and in the Seaule/Tacoma area. There: an: a number ol cities. including the Denver mell'O area that they are working to come on line, • wc speak. He opined thal this is a fairly unobuusive use of the ri~-way. it is not like cable where wc an: digging iD the puund. or ps and dcclric: for 1h11 mancr. TIIClc dcvices are bung on light poles, umally about C\-cry mile or 111. Somecina be aid. it will be a shorter diSlance drpcnding on the line of light. ~. be noted. they do not n,quiR a .tiolc lol of mainlcmnce ODCC they arc up there . They are up then: for a pR:Cty long period of lime and if they do brak down it doesn't take too long to rq,lacc them. Mr. Fd..._ llaled that he pcnonally has conlactcd a 1a1mber of local government officials in the bay area and Seattle and he has found from folks who have worked with Mclric:om thal they arc a very responsible company to work "ith and they haven't had any problems. And. he aid. the folks be talked with ~ appn,cialcd the service as well . If you t111vel at all. al 10111C point. when they get in most ll1¥W cilics and you are lining in an airport "ith your laptop, it IOUllds like a ial ncal IICIVic:e to have. Mr. Fdlmao llated be would sun: use it. He advised thal they approached the City of Englewood and asked to Clller inlo a right-of-way agreement whcrc:by they would get the use of facilities in the righ~-way. Of' course, for all thole poles owned by Public Service. they will ~ to wort OUI a deal with Public Service. But bcc:aulc they will be on public property they aced to p:I City permillion. Mr. Fellman aid thal after wc llancd negotiating with them. on behalf ol the City of Englewood. because they bad .... c-:bed jull tlbcllll C\'CI)' other city in the mcuo ara. the Grcalcr Mclnl Tdccom-icalions C-1i11111. ol wbic:b En&lewood is a member, asked Metricom if they would be willing 10 negotiate kind of a model ripa-of-way agreement 11111 all of the cities and counties in the mcuo area could .. iliJ.C . Mr . Fdlman Slated 11111 he is also the legal . . • • C , • • • Enllewood City Council Nonmber 16, 1998 Pace4 • 0 -I • counsel for the GMTC and Metricom agreed to wort with GMTC on that project and we ended up taking the foundation of an agreement which we had negotiated when he had his Englewood special counsel hat on. and used that to fashion an agreement for the GMTC. TIie good news on the cost of that, he advised, is that Metricom has agreed to reimburse both the City and the GMTC all of their costs, including his fees, involved 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 Qty for the fees thal have already been paid in preparing this agrcement He advised that, in addition to that, this agrcement has a provision for each of the individual communities that adopt it that may incur costs in determining their own inlemal review and any particular issues they need to negotiate that might be unique to their community. Metricom has agreed to up to a cap of a couple thousand dollars to reimburse those fees as well . So, Mr. Fellman said, he thinks they are being fair and reasonable in that offer. Basically. he advised. this is a nine year agreement it has provisions for five year renewal terms if both parties agree. It requires Metricom to pay as a cost of using the right-of-way, se;. of the gross revenues that it generates within the Oty. lbis is not going to be a big money maker, he Slated. He thought Metric:om has said they hope for a 19/e to 3% market penetration. So for anyone in Englewood who does sign up for this program or this service and pays there bill. Englewood will get 5% of the revenues 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 agreed to provide the City a cenain number of half price subscriptions 10 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 lo answer for them. He said he thinks they have levels of service similar 10 cable. where there is a basic level of service and then an expanded la'CI of service. For any actual City owned facilities thal they utili7.C. they are also going to pay an annual fee of $60. He said he knows that there are a litnited number of light poles that the City docs own, although he is not sure whether the staff wants these facilities on the decorative lighl fixtures that the City has and Metricom has agreed 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 other light poles or if there was a ..,. .. ,er tower ... something else thal the Oty owned that they wanled lo put one of these little shoebox antennas on. the Oty would receive compensation for that. 1bcre are requirements to relocate these radio devices if the City is involved in a public project and needs 10 move some poles. Metricom has to comply at their request . It has standards kinds of fra11chise provisions. he said, requiring Metricom to have insurance for the City. 10 repay any damage that they cause. 10 coordinale with your s&alJ if they are going to be doing any work in the right-of-way 1ml ll''Ollld need traffic monitoring. blocking off a lane. So it has all of those kinds of standard riglll-of-way use provisions in here. Mr. Fellman Slated that this is an agrecmcoC that, after a number of negotiating ICllions back and forth. he is comfortable with ii to the poinl that he would recommend it lo all of the GMTC jurisdictions. subject to any unique issues that Englewood may have. With that, he said, he would be glad to -~· questions Council may have and also Mr. Feathers will answer questions as well . Council Member Habcnichl said thal she had SC\'Cral questions. She asked if other people would be utilizing this service. other than the people who li\'C in Englewood and subscribe to it. In other words, she said. is this important 10 a whole nctwort? Mr. Fellman Slaled it is imponaot to a whole nctwort. He explained that if he were driving tlvough Englewood. pulled O\'Cr in the parking lot of City Hall. wanted 10 check in with his office nctwort and he subscribed 10 II . ii would need 10 be up in order for him to use it Council Member Habcnichl asked where l1105I of the users, l1105I of the customers. are located ... if they yy only a 1% 10 3•;. martct pencU'llion in the City of Englewood. Mr. Fellman asked Mr . Feathers to come forward and address that question. Mr . Fellman said ii is his underslanding thal when they are talking 1% to 3•;. nwket share, they are talking metro wide. that is what they are hoping for. Council Member Habcnichl said whail she is gelling al is she is wondering if this is model for tlvoughout the mdropOlitao area. if it is a fair way to do it in terms of subscribers. She noted thal it seems to her that other areas might end up having less of a line of sighl need to have these linle units in their areas, where a more dense city would ha,'C 10 have more and more of them. She said she mighl be wrong, but her though& is thal we are gelling less in tenns of any compensation for that. 11~,n say other areas which may have a larger usage and ' • ' I· • 0 ' - • • Englewood City Cooncil November 16, 1998 ··~5 •, <. • 0 I• • get a higher percentage, based on the fact that they have more customers and fewer units per square mile, or what have you. She said she is a little concerned about that. Mr. Feathers said the way the network operates is that it is line of sight, where you have an external modem that goes into your computer int.ereepting 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 sub!.cribers. 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, tliat do subscribe to their network. Council Member Habenicht said she Wlderslands that and she is suggesting that it may not be fair. Mr. Feathc:rs explained that the reason they went to the GMTC was because some cities wanted to make sure thal everybody got the same agreement so they are offering S% across the board. If there is a city that has S00,000 people they arc going to make more money than what Englewood would at this level. Mr. Fellman said he lhougbl the question was, is there a reason. if you take a city that has a more densely concentrllled populal.ion 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 nccdcd 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 tlie initial network . He advised they will come back 10 every city if they liave lo add radios in the future . Council Member Habenicld asked if this agreement is identical. tl1e sanie. 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 are 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 tliat already lias tl1is kind of agreement. Mr. Fellman said yes. but he needs 10 know what she nieans by how ii is affecting. Ms. Habenicht advised that she is wondering what kind of return there is, that she is really concerned about ... that ii seems like, as she reads the ordinance, that there are a lot of things that wc guarantee to Metricom. but a lot of the other things are just sort of open in the agreement, they can be renegotiated over time. She said she is really concerned about what wc arc getting ourselves into. long tenn. and what kind of costs will be involved to us and how our citizens are going 10 be served. Mr. Fellman asked if there were specific issues that she has concerns about that he may be able to e"-plain. Council Member Habenicht asked. regarding the rigid to draw electricity, iftliey arc going to pay for electricity. Mr. Fellman said no. that they hook onto the light at the top of tlie ligl1t pole and they are right there at Ilic source of electricity. Their deal with Public Service is they hook in and then they pay Public Service for the electricity that they use for these 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 sonic municipalities. the cities own some of the stfflCt lights or if you condemn lhcm in the future it is already in place. He noted they arc working on a scparatc agreement with Public Service rigbl now to go on their structures. plus to pay them the amount of electricity if they draw. He explained thal what ii does is there is an adapter that goes from this radio 10 thal photo cell . They operate in the public spectrum. he said. which means they cannot ~ IID'C lhan one watt of power. So it is roughly $20 00 a year per pole that they are paying Public Service for the utility. Council Member Habenicht said slic was a little conccrricd in Ilic third whereas tlial authorizes Metricom's entry to maintain and do all of that . She pointed out tliat ii doesn't say anything in there about coordinating with our Public Worts people or our traffic people or anything like that and she is a little concerned about tliat. Slic said it seems like it gives them blanket access. Mr. Fellman asked which page she was looking at. Council Member Bradsliaw advised slie was reading on the first page of the ordinance, the third whereas. Mayor Bums asked if there were provisions in Ilic contract thal covers this. Mr. Fellman said he was looking in the contract. he wasn't looking in the ordinance. Council Member Bradshaw advised Council Member Habenicld that Section S in tlic contract speaks to thal. Mayor Bums noted the contract has a IOI more provisions than the ordinance docs. Mr. Fellm,1n noted there are extensive requirements in ' • ..... •· • C I - - l.ackwood City Coaacil No-ber 16, 1991 .• , • • • 1, the contract for coordinating with the City's staff. for not having interference, for laking 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 stan to become a given. But, Mayor Bums pointed out, it is in the whereas clause, it is not an operative clause. 1bc operative clause is Section I that attaches to the contract as Exhibit A. which is the real~- Council Member Waggoner asked why wc would want these 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 that this~ is that they must be in the public right-of-way . Mr. Waggoner said he does not 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 SIJCCI light poles. Mr. Feadlcrs said it is in there that 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 WOlb Slaff insisted upon ... no tnlflic control devices. So. Mr. Waggoner said, maybe these will be on power poles or telephone poles then . Mr. Fellman said eucdy. Mr. Fealhcrs advilCld 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 SIJCCI . He said it is a mesh llCIWOlt III they do have flexibility moving the radios around. He advised it is also in there that the City will sign off on localions 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 wc wouldn't want $60.00 for each location within Englewood. Mr. Feathers Slated you can't get double rent, in other words Englewood can't charge them basically for what you don't own. for what Public Service owns. That is why they arc doing the Franchise fee of the pcrceN. Theo. Council Member Waggoner said, wc can take that part out. Mr. Feathers Slated that is in there just in case there arc facilities that Englewood owns. some sttcct lights that 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 sttcct lights in your parking lot. Mr. Waggoner noted that even most of those sttcct 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 sure she quite understood. Like a city, not based so much their population. but their area. will have the same llllio 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 rouply 40. where Denver might have 700. Ms. Habenicht lllkcd if that was based on the ratio of square miles or anything else. Mr. Fea&hers said 1h11 was on 1q1arc miles. Ms. Habenicht asked about Littldon. Mr. Feathers advised that right now it is running a litde O\'CI" six per square mile. So. Council Member Bradshaw said. wc would have 36. Mr. Fealhcrs said yes, 36 to 40. Council Member Clapp said she just wanaed to clarify IOIIIClhing. She noted we just finished a Broadway Corridor Study and we plan to improYe the lighting. etcetera on Broadway. So, she questioned, we aJUld tell them that we do not want these on our new lighting fixtures along our Broadway Corridor. Mr. Feathers advised that has been pul in his report. He staled 1h11 when he met with Harold Stitt and Brad Denning they told him the City would not want them there, that has already been identified to their network people. Council Member Waggoner asked where that is included in the agreement. Mr. Feathers advised 1h11 ii is not in the agreement, but the City has the right lo sign olT on any location. He said what they arc doing right now is trying to get the a greement that we can enter into this. Before they actually begin the construction. what they call deploy. next summer. they will present a map lo the City of locations to sign ' • ...... ,; •· • 0 , - • • Enckwood City Cwnc:il November 16, 1998 Pace 7 • 0 • I • off on. Council Member Bradshaw said but by then they will have already approved the ordinance. But. Mr. Feathers pointed out that the ordinance gives them the right to approve their locations. Council Member Waggoner asked where that was in the ordinance. Council Member Habenicht stated that she would like to see a franchise agreement that would do this based on how many units you have per square mile in your city. Because, she said, that is a pica: of equipment that people have to look at. they arc 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 mighl have a lot more wealth, mighl end up having more people subscribe to this service, using it while they arc in our city and they arc going to be getting paid a whole lot of money on this franchise business, based on the nwnber of customers. Ms . Habenichl Slated that it docs not seem equitable to her, to a smaller city. She said she really thinks wc need to rethink the way it is being done tlvoughout the metro area. She said she thinks it makes 1C11SC if there arc so many units per square miles. why not base the franchise based on the units. not on the customers ... it just doesn't seem righl to her. Mr. Feathers said there are two things with that. that they have no way of tracking. like cellular. He advised you cannot use this as you are driving down the road. you must be stationary. Council Member Habenicht staled wc can uack how many units are in our city, a lot 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 C05I it would give to our city. In terms of how it is going to affect our populalion. the aesthetics, the righls-of-way, how much you access and don't acc:ess. She said ii seems I 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 ... an)t>ody that you have done I franchise agreement with in the plSl, will 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 utilii.c your public service. that is what they are trying to do. Council Member Bradshaw asked if she was to understand that they arc the first one in this market. Mr. Feathers said they are and the agreement is non exclusive, which means that you can enter into the same agreement with anyone else. doing the same technology. Then. Ms. Bradshaw noted. wc will have I bunch of little doodads all over the lights in our city . She asked if that was righl . Mr. Feathers advised that in California in both Los Angeles and San Jose. the police departments can download pictures of suspects, building dcpanmcnts can do pennits on site. anomeys can access E-mail in the CIOUlt house . Schools thal passed to have ac:ccss to the inlcmct because of asbeslos or other problems, can now have tbaL He acknowledged it is a new technology. but it is coming and they arc hoping to offer it to the Denver area. Council Member Habenicht staled that she really feels strongly that this is a new technology and it im't like all the other kinds of things and if this is one of the very first to conic inlo line. thal she is very 0011cemed that it be much more equitably structured so that we aren't getting the short end of some Slid. here. Council Member Bradshaw asked her whal she wanted. Ms. Habenicht said she thought she would like to have the franchise agreement not based on the customers in your city. but the number of units a city has. Council Member Bradshaw asked if she would like to table this Unlil her ques1ions oould be answered . Mayor Burns asked Mr. Fellman ifhe had a oomment on this. Mr. Fellman oommcnled thal he mentioned at the outset that this is not a money maker. He asked that they keep in mind a oouplc of things that arc happening in the big picture. Number one, he said, we have a State legislature thal has gone to great lengths over the past oouple of years to take away local govenuncnts ability to rcgulalc these kinds of facilities in the rights-of-way. The only reason thal they arc here tonight is thal there is a loophole in Scn.11e Bill IO. which says cities cannot franchise telcc:ommunica&ions providers who want to use the righl- of-way ... you lia,·e lost tlic right to do it. Mr. Fellman stated that Statute. which in his opinion is unconstitutiooal , is currently in coun and it will be three years before we find out . But righl now you can't franchise anything other than cable television. Tiic loophole is in Ilic definition of tclcc:ommunicauo services. it is defined in the State law as any service that requires federal or state rqulaloly approval . And, he noted. as Jerry Feathers mentioned they are in Ilic public spcc:trum because they arc tnnsmiaing • one wan or less, so they don't need to get federal approval. So teclmically. even though this is, as wc know it, a ' • ..... ., •· • C ' I - • • • ~. Enilcwood City Council November 16, 1998 Paces • 0 • telecommunication service, ii doesn, come within Ilic definition of all those other services in Scnale Bill 10 that we have lost ll1e right to even do something like this with . So. he said, then: is a po1en1ial problem, and he has had a number of discussions with the Municipal League about ll1is. as 10 how far do you want to push some of these issues and what kind of legislative backlash might then: be if any community docs push Ilic envelope. Mr. Fellman advised that that is a concern that he has in the bigger picture. He said that as Mr. Jerry Feathers mentioned the itandard way thal franchises have paid compensation for using the public right~f-way, whether it is cable or public service, have been a percentage of the revenues generated by customers in Ilic city. Docs public service have transmission lines in the City, that run tluough the City, that end up benefiting people in other places? Sure they do, he said. Mr. Fellman stated that the argwnents Council makes are good arguments. He said his feeling is thal 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 aowd and kind of say this is the new way, and wc 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 it. Mr. Felln:311 advised that he is not saying take it or leave it. but he is saying if you do leave ii , that we want 10 do i , 1 ditTerent way, recogniz.e that there arc poccntial consequences that will potentially impact other municipabties in the state. The other thing. he said, if the issue is compensation. and he is sensing that is pan of the roncem, thal you should be compensated fairly for having to look at these devices, if you look at 5% of gross revenues in the conlext of cable television, or 5% or 3% of gross revenues for Public Service. you are talking about. basically, something that is analogous for rent This is the rent that those companies are paying for using public propeny. When they put facilities under ground. they do a far more intrusive activity in public streets, than something like this is. where ii takes 15 minutes to put a cherry picker up, attach one of these things and then they arc off to tlic next site. lbcrc is maintenance llial you have for your stuff that is underground in the City and you have curb cuts two weeks after you do a street resurfacing, which creates a whole lot of headaches and costs to the City and the taxpayers . 11icy pay 5% of gross revenues, Metricom has agreed to pay 5% of gross revenues, which will admiuedly be much smaller. If the issue is that you don't think that will be enough to compensate us and we want 10 switch 10 an amount per pole. apin the standard way that they have done it in llie other cities where they have operated. and the other cities around thc country where thcy are working out deals now. is $60.00 per facility that they are on. per year. So if you have 30 or 40 poles, $60.00 per facility, that is not going to be a lot of money either. Council Member Habenicht said she is not suggesting that. Mr. Fellman advised that whal he is getting at is what they are probably suggesting is a far greater number, which is going to skew their whole method of doing business tluoughout the country. He noted he clicl not think Jeny Feathers could answer that question and he cenainJy can't, but that they could both venture a guess thal the higher ups al Mctricom arc going to have a problem ... they are not just going to say oh. okay. so its going to mean more negotiations. Council Member Haben.ichl said she is raising the issue because she would like to have lhem look a little bi1 at it. because we are so new. we are going so fresh into this and she thinks we as municipal officials really ha,,: to look at how this is going to impac1 our cities. revenues. the way business is being done, how we can conduct business over time and ii is a whole new way of doing business tluoughout the whole nation. a new tcc:hnology and she thinks that sonie of I he ques1ions that she asked wouldn't be the ones that the private scc:tor 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 trying to voice IIJCm . that is all . Mr. Fellman said that he would point out lo her as well that he has spoken to other cities that have had Metricom services for a nwnber of years. and basically what they have said is you notice thcnJ when they firsl go up , but then afterwards ... they are fairly small. you are driving. you are not sitting there IWing at IIJCm . In a lot of ways they are like IIJC antennas on the sides of buildings now . that we c1on, notice anymore. that wc need to have our cell phones operalional . So they made the commen1 about impacting thc wa y we do business. he said his opinion. both from working with these folks. as well as from doing IOIIIC ' • ..... •· • ' 2 - l.•&lewood City Cou11eil Now.her 16, 1991 Pace 9 (. • • • research and talking to other local govcnuncnl officials that have worted with them for a oouplc of years, it really doesn't impact the way wc do business, ii does not create a OOSI lo the City lo have them usc their facilities on the light poles and providing this service . Mr. Fellman commented lhal maybe he is missing something and if wc want lo go back and look furthcr and if Council wants him or anybody on their staff to provide a report. with names and references from other commwlitics where they have been for a couple of years, they can do that He said maybe that is a good idea lo gel that information . But he thought what they will find is that it is a very minimal impact and it is nol really a OOSI issue, ii is just a new service and again. getting back to the congressional mandale from the telecommunications act, the whole purpose was lets gel as many new services as wc can, as quick as wc can and maintain local amhority to manage public safety type issues and rights-of-way issues when your State Legislature lets you. He nolcd that some Slates have more authority today to do that than wc do . Council Member Waggoner advised that he is having trouble fmding in here where specific alllhorimion or specific approval is granted by the City for locations. In olhcr words. our Din:clor of Public Works would approve specific locations where these arc lo be inslallcd . Mr. Fellman advised thal in section 3, which is titled "Scope of Use Agreement". the last sentence of the firsl panig,aph says "any work performed. pursuant 10 the rights granted under this usc agrccmelll may. al 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 certainly add language lo say "any work. including, but no1 limited to, the placement of radios or other facilities" or somdhing like lhal so ii 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 staled that he really believes that should be in there. Council Member Bradshaw said she agreed. Mayor Bums said he thinks so loo . Mr. Fellman staled they can certainly have that before ii comes back to Council. Mayor Burns commented that he is impressed with the fact lhal this is relatively non-invasive and if ii is not a money issue. really to begin with. maybe Ibey could pass ii on firsa n:ading and have them do some revision before the next reading. Mr. Feathers advised that what they have done in a couple other cities, and ii depends on the burden each City wants, as one City wants the Public Works director 10 approve . If they want to designate a certain individual or just the language that the City will approve. Either way. he said, their lep1 department has blessed those changes. Mr. Fellman said he knows what they an: getting al and Ibey can add that kind of language before this comes back . Council Member Clapp stated she would like to hold off, she would like to pull it 111d she would like Council Member Habenicht 10 look ii over and feel comfortable with ii before they move forward. Ma)·or Burns asked if that was the consensus of Council. There was indication that ii was . COUNCIL MEMBIER BRADSHAW MOVED, AND IT WAS SECONDED, TO CONTINUI., AGENDA ITEM 11 (a) (i)-COUNCIL BILL NO. 74, TO DIECI.MBIER 21, 19'1. COUNCIL BILL NO . 74 A BILL FOR AN ORDINANCE AUTIIORIZING A "RIGIIT-OF-WAY USE AGREEMENT" BETWEEN METIUCOM, INC. AND llfE CITY OF ENGLEWOOD. COLORADO PERTAINING TO WIRELESS DIGITAL DATA COMMUNICATIONS RADIO NETWORK INSTALLATION IN 1lIB CITY'S RIGIIT-OF-WAY . Vote rewl11: ' ...... • . •· • 0 I ? -• • • ~. E•ckwood City CINlncil November 16, 1998 Pace 10 Ayes : Nays: Abstain : Mocion carried. Council Members Nabholz. Bradshaw, Habenicht. Waggoner, Clapp, Bums None Council Member Garrett • •••• fClcrks' noce : Council Member Garmt returned to the dais.I (ii) Director Black prcsented • rccommendalion from the Cultural Ans Commission to adopt a biU for an ordinana: that removes the sunset provision from the Cultural Ans Commission Ordinance. He said, adding to the commmts of Olga Wolosyn, Chair of the Cultural Ans Commission, the current ordinance has a sunset clause in it and the Commission. along with Slllfl', has recommended that that clause be removed . He opined it would crealc a great comfort level for the Commission because they are looking at long tenn programs, such as a 2003 celebration and the adtural a>rriclor coming clown througti Englewood, so they are looking 81 more than just one or lwo year projccls down there. Mr. Black said he felt this would be really beneficial 10 thal group and secure thal group a linle bit Council Member Oapp stated she wa .. cd to make a comment for Council discussion. She said she noticed thal the Cultural Ans Commission is the only one that has a sunset and thal it is at five years . Ms. Clapp advised thal she has always fdt like we should have term limits on all of our commissions and it is really unfair to have term limits on one and noc the others. She aid her feeling on it is you should do them all or noc do any of them. She said she though& the only exception to thal should be our waler board, because of the nature of the type of business that they deal with. Ms. Clapp staled she is really in fawr of putting term limits on all of the boards, maybe four year terms. lwo terms eighl )'CU'S. just like elccled officials. Mayor Bums pointed out thal this is for the Commission itself. noc lhc service ol the membeB. Ms . Clapp said okay, she was sony. she thought it was the board itself. No. Mayor Bums explained. ii is to eliminate the Commission all logcthcr. that is what the sunset is. Oh. Ms. Oapp said. she thought they term limited just the membeB on thal. Mayor Bums said no. ii is the Commission itself. Ms. Clapp said she apologiz.ed, bul nolcd it docs bring up an inlcrating point . Director Black apologiml for tbat and said he should have clarified that. 1bc Clelt was asked to read the <XIWICil biU by title : COUNCIL BILL NO . 76 , ll'rffi.OOUCED BY COUNCIL MEMBER HABENICKf A BILL FOR AN ORDINANCE REPEALING nn.E 2. CHAPTER 9, SECl10N I . ENGLEWOOD MUNICIPAL CODE 1915. PERTAINING TO THE SUNSET PROVISION FOR THE CUL 11JRAL ARTS COMMISSION . COUNCIL MEMBr.R HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I J (a) (ii) • COUNCIL BILL NO. 76. Ayes : Council Members Nabholz, Garnst. Bradshaw. Habcnicht. Waggoner. Clapp. Bums Nays : None Moc ion carried. (b) Appro\lal of Ordinances on Second Reading (i) Couacil Bill No . 55. approving the rcmning from R-l·A Singlc-Fmlily Residence to Planned Unil Dcvclopmcnl (PUD) for properly localed at 3095 South University was considered . ' ' I· • I - Engkwood City Council November 16, 1998 Pace 11 Mayor Bums pointed al thal this is lhe mortuary issue. • 0 I • • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 80, SERIES OF 1991 (COUNCIL BILL NO. 55). ORDINANCE NO. 80, SERIES OF 1998 (COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING THE REZONING FORM R-1-A SINGLE-FAMILY RESIDENCE, TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATED AT 3095 SOIJTH UNIVERSITY . Council Member Bradshaw SlalCd that she IIIO\'Cd Council Bill No . SS for discussion purposes. She advised thal over this pasl weekend and IOday she received several phone calls about this issue. UnfonWl3tdy. she said. lhe contcnl of those phone calls did not and could 0111 affect her c:oosideration on this mailer. She thouglU some of the rest or Council was in the same boat. Ms. Bradshaw noted that even though she sponsored this, for the purpose of having a public hearing. she felt thal lhe cilizcns in lhe area have spoken . She thought Council heard their comments. She staled thal she feels this PUD is not consistent wilh lhe goals. objectives. design guidelines. policies and any other ordinance, law or requirements oflhe City of Englewood . She feels thal this parcel of land is located in R-1-A, which is lhe highest single family zoning we have in lhe City and the purpose of this zoning is to enswe the residents a CCl1ain quality of life. She staled that this PUD does not and will not enswe that same quality of life, rather ii is allowing a for-profil business to locate in an R-1 ·A an:a . She feels Ibis PUD does not follow acceplable Slandards of the development in the City and ii is DOI a reasonable 11se of the property . To replace a church wilh a fwicral home is DOI reasonable. she stated. She said she believes the people have spoken loudly and very clearly on this issue and as their rcprcsentalive she would vote no on this ordinance. Council Member Nabholz said that she loo voices Council Member Bradshaw's comments. thal she has also received numerous calls. faxes and E-mails. She said that one of Council's goals has been to prol.cct our rcsidcnlial neighborhoods and ensure quality of life. Ms. Nabholz staled thal she would also be voting against this. Council Member Waggoner said he also agreed . He staled that he thinks we need to rnailuin the quality of our R-1-A zoning and he loo will be voting no. Mayor Bums said he would like to spcalL to this. that this is in his District. He nolcd Council bad IOIIIC very good pracnlalions on this by the ..nay and also by the cilizais who spoke apimt it and for it. He commented thal he thought the sile plan would clean up lhe area. ii would make it mm: allractive, as Ibey saw then: was a rather dramatic split between the people "'ho lived on Dartmouth. who seemed to be rather consistently for ii and the others in the neighborhood who were DOI . He said he thought the people on Danmoull1 have lo li,·c day 10 day with whal they sec acros.~ lhe street from them and so he has some sympathy for whal 1hey ha,-e 10 sec and why they would like 10 have the propcny improved . Many other people signed lhe petition against it He staled he knows people personally who a,c both for and apinsl this measure . But. he said. he thinks the issue is DOI how wcll lhe landscaping is presented or the site plan or whalever, but it is lhe question of whether lliey wanl 10 have a licensed business Clllerprisc in an R-1-A district and whether that opens the door 10 some funher R-1-A 1.one breaches, so to speak. in the future . That , he staled. is his main concern. Mayor Bums said he 1hough1 the majority of the people who COlllaCted him. and signed pctilions. arc against ii. Even though he commends lhe monuary for their prescnlalion and their time and elTon and planning lhal went into this. thal he feels on balance. rcprcscnting his constituency, that he will also vote against ii. ' • ..... •. ... •· • 0 , - - Englewood City Council 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 CoWICil members have given really sound reasons and R-1-A must be protected. Vote raults: Motion defeated. Ayes: None Nays : Council Members Nabholz, Garrell. Bradshaw, Habenicht, Waggoner, Clapp. Bums (c) Resolutions and Motions (i) Director Gryglewicz prcscllled a recommendation from the Dcpanmenc of Financial Services to adopc a resolution approving a supplemental appropriation and transfer of funds liom the General Fund to the Englewood Environmental Foundation for Cinderella City rcdcvdopment He advised thal this supplelllCIUI appropriation would move S 1,505,(KlO to the Capital Projects Funds for transfers to the Englc:woocl Environmental Foundation for Ci nderclla City site prcparalion. The reason we needed this moved. he said, is so we can enler into a conlract wilh Cleveland Wrecking, which is doing a portion of the demoli1ion that is in the EDA Grant. so lhey wanled to show them that the monies were available. Mr. Gryglewicz explained that these are pan of tlic monies that will be reimbursed with the COP thal llihould close on Dec:cmber 29"'. Council Member Habenichl asked how that money will then be transferred into the Genenl Fund after the COP. She asked if lhe COP can payback. Director Gryglcwicz advised thal the COP wiU pay back the General Fund dira:tly. Ms. Habcnichl asked ifthal is okay . Mr. Gryglewicz said right. The resolution was assigned a nwnber and read by 1jllc : RESOLUTION NO . 102 . SERIES OF 1998 A RESOLUTION FOR THE SUPPLEMENT AL APPROPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR AN ACCELERATED CINDERELLA CITY SITE PREPARATION PLAN . COUNCIL MEMRR •RADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. tel, SERIES or 1991. Motion carried. Ayes : Council Melllbers Nabllolz. Gamlt. Bradshaw, Habenicht, w..--. Clapp. a.. Nays : Nolle (ii) Dinx:tor Estcrty prcscnled a rcconuncadalion from the Departme111 of Public Works 10 appr<J\'C. by motion. aulhori...ation for the Din:aor of Pllblic WOlb to sign a design conuact with URS Greiner. Inc . for an 81110UIII not 10 exceed $470.000 for South Broadway Widening and Medians . He advised thal Council authoriud the Ci1y lo apply for Federal funds under the lntcnnodal Surface Transporwioo Act. the old ISTEA and Council apprO\'Cld an inlcrgovcrnmclllal agreeme111 with the Depanmen1 of Transponaion. covering financial commitmenlS rclaled to the design of South Broadway widening and medians. He staled thal tlic Colorado Dcpanmen1 of Transponation has agreed to oontribute half of our local ma1ch. our 20% milch for this project. in exchange for the abandonmcnl of South Broadway as a Stale highway . from U.S . 285 soulh of Ilic City limits. He noted lhll is an item lhat wiU come before Council laler this year. ' • ..... •· • 0 , • I 0 11fili t:l'lfJ'i ii'Jli l(IJJi lf'fl i;ri:JtlJll~ti!II !fi !Jf I! ·fir!f f~!irf ta:llif · 1Jif !;l:al!!i1l · i~f ~~ ·-:..~ 1., ,i ffl~J! f:t 1fl! ,,~lft {lf!JI ij~~ f(!!il!iililili . !ilJ1·f 1~,J,;t Jif't !1111 1 1~11 j(ili!Jf'r1fi! ,,•~~! ~1f,,1J 1111, ,l1s 1J !lt1 ,1~li'l1l11,1t ;r I i-' t I t II t 1 = :: . f · :11 ! R" 2. s:.J ~ ftlJSJi ~11,fJ1 11lll ·~i!il 'I: 11f-ii1t'i'ltl .r! 1 j 11 (}~J ::f!f !}Ii( f:11 r1r?ll~1f.l,!1 Ji it"}',1i Ji1l1 1'11 11 lllr I rr . J . t l . ;;· I O I' '1· ·1:1 ~! 1·!l 1!f 1~:IJ ,l 1fJ '1 1 i 111 ~~1~1•1 11 !1,!f 1 IJ)lllr lsrf, 41•., (1.1 Jf,1l~•1Jf)f'( .. : i r SI 1 • l · 111.. ir .-• J 1 if 1 1 2. · ' R' 11 l ~ l i: · I J· tr 1 ,~ ,,11r t 1,1 1, UUa !1r I •11 1.• !,,-r,, ; . f ci · l f. • a. I Ir f I l . " • I I . . ~ . '1 • . - • E•ckwood City Council November 16, 19911 Paie 14 . . • • • Mayor Burns noted they talked about the bridge before and he brought this up scvcral times ... he ukcd if then: is any opportunity, even on our own initia&ive, to enhance that bridge with special ligbling. Even like the one on South Windermere by the water treatment plant. thal kind of enhanccmenl He said he knows these things sometimes cost more than you think they would. but it doesn't look like it would. Director Esterly said aside from this project that has been an on-going discussion with the Downtown Development Authority ... how far they want to go with that he doesn't know. Actually, he noted, we kind of stole those lights and put them out by the water plant and there didn't seem to be any connection that they an: the EDDA lights, even though that is what they an: and we just have lo stock one style of light EDDA does have a concern, he said, about that style of light indicating their area is bigger than it really is. But they have indicated a desire to do something with that area Mr. Esterly noled that in Parts there has been a lot of renewal of plantings in that median area just over the last year, a lot of flower beds have been restored back in that area as our budget has revived quite a bit. Mayor Burns opined that the lights an: reasonably attractive on thal bridge on South Windennerc and probably darn few people see it. Director Esterly noted the opportunity is there and it is IOl1 of an unrelated reason ... and palticularty the aossings of the stream portion of what appears to be a single bridge ... with the Highway Department giving that whole stretch of roadway back to the City. we will have a lot more to say about what happens to that bridge. panicularty the surface on Broadway. Mayor Burns stated he would like to continue to press that point , because he thinks we really have an opportunity here to m*e a very attracti\'C bridge, whid1 will help with the whole Broadway Action Plan and renewal . Director Esterly noted it fits in with the discussions about entry ways and stuff. Really, he said, An Scibelli would be in a better position to address Utat whole discussion, because he is not sure how close the bridge is to where ever their next ga&cway facility is, that they might be interested in doing. He suggested it might get real redundant if they arc only a block away. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN A DESIGN CONTRACT WITH URS GREINER, INC. FOR AN AMOUNT NOT TO EXCEED $470,000 FOR SOUTH BROADWAY wmENlNG AND MEDIANS. Ayes: Council Members Nabholz. Gam:lt. Bradshaw, Habcnic:N. Waggoner, Clapp, Burns Nays: None Motion carried. 12 . Gaer-al Di-llNIII (a) Mayor's Oaoicc (i) Mayor Bums said he would like to ti-* Alex Habcnichl for her effon oa 111,e .,.-.de and he undmlood Leigh Ann Hoffhines dcscnu a special thanks for all the wort she did. He achi sed thal he was told by several people thal Ms. Hoflhinc5 did some yeoman's wort oa the s-adc, so he really wanted to congratulate her and perhaps they could do IOIIICthing to nx:ogni:zc her for tbal. (ii ) Mayor Bums advised that he and Gary Sears will be going to WashinglOO a wcdl from tomonow for a meeting with the Federal TlllDSit Administnltion. hopdully with the usillanl administralor of the Federal Highway Administralion with n:prd to the rc:,quc:st for pant to help m with the funding of a bridge for the light rail stop. He said he U1inks it will be a worthwhile trip and it is being sponsored by DRCOG and it is a competitive en\'iron,ocnL BuL he noted, he can go with two hals, he can go as the Mayor of Englewood and also as tlic chair of the Metro Mayor's Caucus . So, be said, be thinks they can Ff some mi!CIIC out of this to help the City. ' .... •· • 0 I - - • • - Eaglewood City Council November 16, 1998 Pa&e 15 (iii) Mayor Bums said he mentioned a couple of weeks ago he would be going to the National League of Cities Conferena: and he passed out the estimate of the cost. He commented that it is considerably less than Ann Nabholz's, but that is not because he is uying 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 wolbhops, which cost extra. before the meeting 5larls, it is just a lesser amount. So he asked Council for approval . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE $1330.50. Motion carried. Ayes: Council Members Nabholz, Garrett, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays: None (iv) Mayor Bums commented that he noticed that Dr. John Simon was recognu.ed as Super Hero by the Academy of Family Physician's for his long service to the medical professional. He offered Dr. Simon his congratulalions. (v) Mayor Bums said he also noticed our Slarbunl Awant for the City of Englewood for the crcalive and efficient use of lotlery funds in restoring the missile in Belleview Part is in the DRCOG regional report which he just n:ccived in the mail today. He offered Jenell Black his congratulations. (b) Council Member's Choice (i) Council Member Nabholz : I . She noted she was a little lale. but she wanled to thank Parks and Recreation for the Halloween Carnival . It was a blast. she said. and she had a loc of good comments on thal . 2 . She thanked Gary Sears for bringing the back-up sound system for the Historical Society Thursday nigh&. 3. She said they have removed temporary power from the Depot. so there are no more lights there. She suggested to City Manager Sears that we look into putting temporary power back in or power. Also, she said, we need 10 somehow poa that lhal ii is City property. She advised there are big semi's !*DD& there and she has the names rl all rl them. Ms . Nabholz said maybe a -fence, but she didn't know what would wort there. but WC rally llecd to poll. City Manager Sears asked if they park right behind the Depot . Council Member Nabholz advised they park everywhere. they are in there line deep. 4. She said al the NLC Confen:noes people request pins from oda cities. She asked if we have any. City Manager Sears advised thal we have a bunch and they will have thole for her next Monday nighl Council Member Habenicht suggested Ms . Nabholz lake along with her at least one copy of the explaaalion of the Englewood Mark when she hands out the pins. because they always ask whar it is, but they love il. Ms. Nabholz said that was a good idea and she thanked Ms. Habenicht 5. She thanked Alex Habenicht, Leigh Ann Hoffhines, Sue Bradlhaw, Cllris a-and everybody who was involved in the puade. She noted ii is a loc of work and they did a \'CfY good job. (ii) Council Member Bradshaw: ' .. •· • - • • Ea&tewood City Council November 16, 1998 Page 16 • • • ,~ I. She advised lhat, as a OUlOOllle of the public hearing they had, she would like to have the Public Wort's Slaff, or direct the City Manager to have the appropriate staff, look at a left tum light for Danmouth and University . Because, she nolCd. Iha& is a disaster. 2. She lilalcd that she noticed a week ago, with the ice and snow on Windermere, is that that bridge is not going to be there nu;h longer unless we put some more slUfl' down to stop people from sliding on Wiodermcrc in the mornings when it is icy . Thal was just an ice trap the Monday morning wc had all the black ice, she said. it was pretty sca,y. In response 10 City Manager Scan. Council Member Bradshaw clarified that ii was right by the Allen Tn::allllCIII Plana. just as you tum off of Navajo and you hit Windermere, all the way up to Bc:llcvicw . She commented you could tell when you got to Littleton because it was clear. City Manager Scars staled they will work on that. (iii) Council Member Habenicht: I . She said she wanled to thank everybody for all of the support on the Englewood Holiday Parade . II was a wonderful group of people and. she noted. they had a wonderful group of people to follow. She said she wanted to lake this opportunity to again thank Austin Gomes and Ann Nabbolz who left the paradc this year, but all of the hard work they did prior helped make ii easy as Ibey transitioned to new lcadcrsbip. She DOied that a IOI of the new people involved arc really excited and looking forward to IICXI year, so they arc really happy about that . The Sllpp0n from the City. the suppor1 from the Slaff, everybody on the Slaff, Leigh Ann HofThincs, of course, Chris Olson, Safety Services, Bob Spada. the Rccrcation Dcpanmcnt, the Public Worts Dcpartmcnt...everybody just came 10 the plate . Ms . Habenicht c::ommcntcd Iha& she heard one thing Iha& was cspcciaUy nice and she just wanted to pass this on to OW' Safety Services Dcparunent. People said tlial while they were waiting for the parade 10 start, that wc had a number of our officers who were oul there SOit of working the crowd and they were very positive . II just pve a warm feeling 10 everybody about our Safety Services people, so she just wanted to give an cxua all.II boy 10 them. Ms. Habenicht said she also wanted to thank all of the sponsors of the Englewood Holiday Parade, including the City, the Herald and so many of the businesses. They may need 10 fonnalw: that a little bit later. she said. She advised they arc having their wrap-up meeting next Tuesday. 2. She said she wanted 10 lake this opponwlity 10 compliment the calendar this year . Ms. Habenicbl staled she thinks ii is really better than last year and tliat next year is going to be better than this year and she is really excited to sec that. She said she hopes we get more people paticiplling in ICllding piaurcs in. ••••• Mayor Bums said be did receive a commcnt, one of the neighbors said thanks for puttjag OUI tbc lips noting which SIRctS were going 10 be closed for the parade early enough so Iha& people had lldl"ICical notice of that • * •• * Mayor Bums said he wanted lo make one more co111111e111 about Ilic monuary situation. He advised Iha& he would like the neighbors, if possible. 10 get together and try 10 push for a change in that use, if they want one. thal is consiSlcnl with the zoning. He said ii might be a residential use, it might be a school ... wbcrc they could try 10 get together and son of instruct Council on what they would be llllilflcd with tbal would Oow through the neighborhood if Iha& is possible . Because, be noted. there needs to be .. illlplV\'Clllall there, but we hope they can help arrive at one and bring something back 10 us in the fulure . ' • 5 5 ,,,_ '' .. •· • 0 , - • En&tewood City Council NllfflBber 16, 19911 Page 17 . . • • • Council Member Bradshaw advised that whal l.;iltlctoo has done with some churches is allowed them to be used as Cllarlcr schools. Mayor Bums said Iha& is an idea. 13 . City Muqn"• lle,ert (a) City Managc:r Sears said they talked about the cbanF of Council member after 1bc finl of the year and he just waded to come up with a lime for ~ and also for appointment Bccaule. he nolcd. he would imagine we are going 10 have a immbcr of applicallls He said he was wondering if ii would be the second mc:eling in J•uary, the 11•. for the appoinlmenl. Council Member Bradshaw fdl they IICICdcd to do some inlavicwing during the Study Session on January 11 , 1998. City Manager Sears questioned whClha they would have the appoinlmem oo the 11•. Council Member Garrcll no1cd that as the appoin1mcn1 has lo be within 30 days they would have to make the appointmcnl by the end of the mooth. Council Member Bradshaw agreed Slaling lhal they have lo appoinl within 30 days or they arc in violalioa of the Cllarlcr. City Manager Sears said lhal is riglll. Iha& we just need 10 advertise so he wanted to make 11ft dlll 11111 - the schcdulc. Council Member Bradshaw asked if 111111 is whal they decided. the 11 • and Is•. Mayor Bums said• is what they were talking aboul bd'ore. City Manager Sears SUllcd 1h11 is what they will proceed with. 14 . City Aneney'1 lle,ert City Auomey Brotzman did no( have any maacrs IO bring bd'ore Council . . . • • 0 • • - • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 16, 1998 7:30 P .M. 1. Call to order. '7.j(/ ~ 2. Invocation. /)~ 3. Pledge of Allegiance . ~ 4 . RollCall. '7 ~ 5 . Minutes. /PffJ / 7-()a . Minutes from the Regular City Council meeting of November 2, 1998. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Olga Wolosyn, Chair of the Englewood Cultural Arts Commission, will address Council concerning the sunset provision of the Cultural Arts Commission Ordinance (agenda item 11 a ii). 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ,,e- 8. Communications, Proclamations, and Appointments. ff 9 . Public Hearing. ;;r !JkJ J1--o· Co"tl!J~-,,_/ ~ iJJ-z ~10~/ i/y...iii V rr a. -• ~ll,~~t'°Ordinances on ~irst Re~~ .) i. COUNCIL BILL NO. 73 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance authorizing the appointment of additional Fire Division administrative positions outside the Career Service System . STAFF SOURCES: Chrl8 Olaort, Director of Safety Ser.tcee and Kieth Lockwood, Division Chief. aa..... nole: I you haw a dlaablllJ and nwl 8lldlary alda o, wvloaa, ....... nollfy .. Cllyof 11 ... nocl (303-792-2405) al ..... houra ....... of .................... n.lk,ou. ' • . ... •· • 0 , -• 0 I• • Englewood City Council Agenda November 16, 1998 Page2 b. c . ii. COUNCIL BILL NO. 78 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance approving a short term lease with Sato's Flowers for use of a portion of the Home Lumber property. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. iii. COUNCIL BILL NO. n -Recommendation from the Department of Safety Services to adopt a bill for an ordinance 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. STAFF SOURCE: Lieutenant Byron Wicks. App~f Ordinances on Second Reading. Resolutions and Motions . g 11 . Regular Agenda. a . Approval of Ordinances on First Reading . ,, - jo i. COUNCIL BILL NO. 74 -Recommendation from the Department of ~ d), jj /A 111 _ ~ _ / Neighborhood and Business Development to adopt a bill for an ordinance • ....., ·-°'(li€fj;/A): ~_!uthorizing a Right-of-Way Use Agreement between the City of Englewood a.. . j • 1 •. ; and MetricoT,_Jn,L SLAFF. SOlJ.flCE:}iaJP.ld J. ~..S.010f~9'•1Jner. e>U-UA-WI ~ ~ Ul.llllUl ~ l!dt/Jo.'l'f -a-17;.1/fi ii. COUNCIL BILL NO . 76 • Recommendation from the Cultural Arts Commission to adopt a bill for an ordinance that removes the sunset 1 h d '). __/") provision from the Cultural Arts Commission Ordinance. STAFF SOURCES: 1 -v ......... 1 Black, Director .PJ.P,r!ca af14 l;lecreatlon and Gary Hultberg, Recreation Manager. ~ b . Approval of Ordinances on Second Reading. Council Bill No . 55 , approving the rezoning from R-1-A Single-Family Residence, to Plan.!}~ Un~ O,velopment (PUD) for property located at 3095 South University. ~ c . Resolutions and Motions . ii. °lf4 ')-0 Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds from the General Fund to the Englewood Environmental Foundation for Cinderella City redevelopmentnfi":Al;f S9~RC_!:_!rank Gryglewlcz, Director of Safety Services. ~ ~ Recommendation from the Department of Public Works to approve, by motion, authorization for the Director of Public Works to sign a design contract with URS Greiner, Inc. for an amount not to exceed $470,000 for South Broadway Widening and ~-_S,:~ SO~E: Charles Eaterty, Dl1'9Ctor of Public Works. ~~ Plew nae.: • ,au MW• dlaablllly and nwl audlary aids or wvloN, pllw nollly a. Clly ol 11 ..... oocl (JOl-712-2411) at INat 41 hours In advanoe ol when Nl'VlcN .. IINdacl. Tlw* you. -• • . •· • 0 ' -• •, • '· Englewood City CouncU Agenda NoWlnber 16, 1918 Page3 12. General Discussion. a -scooa df'/'d '7-0 ~/A),#{) i£ 4/f::. b. Cooncil--·c-.. '1/ 3'.:).:';l) tfj~~ 13. City Manager's Report. a. Englewood Center Update. 14. City Attomev's Reoort. Adjoummen, f; % ~ I ~ The following minutw _,., ue11""''""""' .o City Council between 10l30l98 and 11/12/98: • Englewood Housing Authority meeting of September 30, 1998 • Englewood Cultural Arts Commission meeting of October 7, 1998 • Englewood Clean, Green and Proud Commission meeting of October 13, 1998 • Englewood Public Library Board meeting of October 13, 1998 • Englewood Planning and Zoning Commission meeting of October 27, 1998 ,.._MIi: ,,_.._. C DC} ........ ...., ....... u1a11,,..._lllllf .. _ffl d m (IOl-112-M01) at ...... ._..,.• •a•.,..__,,.... ......... n..,-. 'I • . .. • • 0 I ~';) I -• • <, PUBLIC COMMENT ROSTER AGENDA ITEM 7 .. TJlll ... 1111'1PQMlfl- DATE: NOVEMBER 11, 1111 NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC . , • ... • • 0 r - - • • • • (. -.ollllllllll 11/13/98 12:49 PM To : ICity Council cc : Gary Sears/City of EnglewoodOCOE. Dan Brouman/City of EnglewoodOCOE. Harold Stitt/City of EnglewoodOCOE, Nancy Friu/City of EnglewoodOCOE, Sue Bradshaw/City of EnglewoodOCOE, Lou Ellis/City of EnglewoodOCOE. Brenda Castle/City of EnglewoodOCOE. Cyndie Watkins/City of EnglewoodOCOE Subject: Mea Culpa I inad¥9ftentlv omitted from the November 16th City Council Agenda IOffle eddi1ional information from Metricom, Inc. . . 11 a i !right-of-way UM au,WiiimJ. Miirlcom had - containing lnforma1ion on their _..... dat9 -,,ica, and I forgot to include them with your packatal l'N have this infonnalion available Monday evening before the rNeting. Please accept my apologies if this cau-you any inconvenience. Leigh Ann . ~~1; ~~~ /t·¥ \r V J .. • • 0 - • • • · .. • '· __ .. ... ,.. -·-..... ,,;._ ....... ~~~~~~;tf,"--,<'-'; . 11/16198 08:42 PM To: AHABEN1CHT0COE, LCLAPf'OCOE. KWAGGONEROCOE. TBUANSOCOE. Gary Sears/City of EnglewoodOCOE, B8radshaw1City of EnglewoodOCOE, Dan BrotzmanlCity of EnglewoodOCOE. OGarrett/City of EnQlewoodOCOE. Am Nabholz/City of EnQlewoodOCOE. Lou EHis/City of EnglewoodOCOE cc: StA,ject: Mary Guhasz May Guhuz, 3075 South Claytc,n, wu adamant about not approving the PUD for the mortuary. She did not t..i It was • good UN and hoped that you _.. not approw them coming into the City . Sue 8 . I' - • . - .. \ • • 0 '32xl • • 0 • $}0,000 Finder's Fee Englewood Property Sought Newcomer Family Funeral Ho,nes will pay you $10,000. Just provide us with information that leads to our purchase of property in or near Englewood , Colorado. Ren Ntwromt~ Presidtn~ twcomer Family Funtnl Homes, Inc. Newcomer family Funeral Homes, Inc. 400 S. Kansas A,·e. Topeka, KS 66603 785.233.1524 newcorner@inlandnet.net Ntwcomtr's mOftm, wttl·•ppoinwd facilitits are dtsigned for comfort and taSt of 11st. We're urgentl y seeking property to accommodate a full-service Newcomer Famil y Funeral Home facility. Property requirements include: • vacant property, or property \\~th a ~ 10,<XXl square foot si ngle-level building • current zoning, or zoning eligibility for a full-service funeral home • I .~acre minimum land size • adequate available parking Help us find our new property ~'II pay you $10,(XX) by cashier 's check the da y of our new Englewood facility ' grand opening . Contact us tooay. ...... "' - •. ... •· • 0 - 1. 2. 3 . • . (• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 16, 1998 Call to order. T7.j// ~ Invocation. !}~ 7 :30 P.M . Pledge of Allegiance . ~ 4. RollCall . '7 ~ 5 . Minutes. /JffJ I '7-0S. Minutes from the Regular City Council meeting of November 2, 1998. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Olga Wolosyn, Chair of the Englewood Cultural Arts Commission, will address Council conceming the sunset provision of the Cultural Arts Commission Ordinance (agenda item 11 a ii). 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) g- 8 . Communications, Proclamations, and Appointments . ff 9 . Public Hearing. y ,,,_ !Jkld 7.-o· Con~i>__, ~ -hf71.hlJ),A-f,, ~ /()4, / i;y...ii/ -rr a. -• ~~fOrdinances on FirstRe~"' ""'V'-"' ~ .) i. COUNCIL BILL NO. 73 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance authorizing the appointment of additional Fire Division administrative positions oul8ide the career Service System. STAFF SOURCES: Chrla Olaorl, Director of Sar.ty SeMcN and Kieth Lockwood, Dlvlalon Chief • ....... nalr. I ,OU lwwe a cllaabllly and MN audlaryalda • •rla 11, ....... nalfr .. CIIJof llllflll&ood (303-lU-MOI) al INal 41 houra In advanoe .,, ..... ..._ .. ......_ ,,..,.,... • • ..... • I • •· • 0 - J"' Englawoocl City Council Agenda NoNlnblr 18, 1118 Page3 12. General Discussion. i . • ,. ~ • • .. -·Ch<>co-"' '7-0 ~4t#<J~ ~ •. c....d-°"'""' i/ ~-~ {J:Jr~ 13. City Manager's Report. a . Englewood Center Update. 14. City Attomev's Reoort. Adjoumm911t r; ~ ~ /~ The following minut-wt:111, Uat10to,mg ... ,0 City Council between 10/30/98 and 11/12/98: • Englewood Housing Authority meeting of September 30, 1998 • Englewood Cultural Arts Commission meeting of October 7, 1998 • Englewood Clean, Green and Proud Commission meeting of October 13, 1998 • Englewood Public Library Board meeting of October 13, 1998 • Englewood Planning and Zoning Commission meeting of October 27, 1998 ....._noll: .,..._.. •• ,., .... __.....,.._ •• 111a11, ....... ..., .. a,.,.., w..a (IOI-JD.Mll)al ................... ., .................. ,...,... ' . ' ' • .. • • 0 , ~~ x I - • '· 1. 2 . 3 . • 0 . • ' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 16, 1998 Call to order. r7j// ~ Invocation . /)~ 7:30 P.M. Pledge of Allegiance . ~ 4. Roncau . '7 ~ 5. Minutes. t• /JffJ j 7-Qa.. Minutes from the Regular City Council meeting of November 2, 1998. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Olga Wolosyn, Chair of the Englewood Cultural Arts Commission, will address Council conceming the sunset provision of the Cultural Arts Commission Ordinance (agenda item 11 a ii). 7 . Non-Scheduled VtSitors . (Please limit your presentation to five minutes.) g- 8 . Communications, Proclamations, and Appointments . ff 9. Public Hearing. y ,,, - /Jl}L)d7..-o Con~jL_,~kfihh),A-,,, ~/t)J../ i;~ii/ -rr a. --~fOrdinances on FirstRe7i,'-"'V V'-' ~ .) i. COUNCIL BILL NO . 73 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance authorizing the appointment of additional Fire Division administrative poeitiona outaide the Career Service System . STAFF SOURCES: Chrla Olaon, Dlractor of Wy SeMCN and Kieth Lockwood, Dlvlelon Chief. ,__ nolr. I you haw a dlaabllly and Med Mallary alda • • lfla11, plaaaa nally .. ca, of llltl&•ood (30l-112-240S) at laut 41 houN In acl¥Moe °'"'*' ..._ .. ......_ 11-*you. • ..... • • . .. 0 ., •· • 0 1 32 x l - • • 0 I• • Englewood City Council Agenda Nonmber 16, 1998 Page2 b. C. ii. COUNCIL BILL NO. 78 • Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance approving a short term lease with Sato's Flowers for use of a portion of the Home Lumber property. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. iii. COUNCIL BILL NO. n -Recommendation from the Department of Safety Services to adopt a bill for an ordinance 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. STAFF SOURCE: Lieutenant Byron Wicka. App~f Ordinances on Second Reading . Resolutions and Motions. g 11 . Regular Agenda. a . Approval of Ordinances on First Reading. jo i. COUNCIL BILL NO. 74 -Recommendation from the Department of ~Jf"i Jj/1, 11 .,. ~ -/ Neighborhood and Business Development to adopt a bill for an ordinance • ._ •v"'(iffJ{IJ: ~_iuthorizing a Right-of-Way Use Agreement between the City of Englewood a... J • / •• ; and Metrico!l!Jn~--SWE S0.l,l1ICE:~d J. ~J5'1110f~~· fJl,l.,UA,UJI ~ ~ cn.IJ/UU C11111JL1. /!dt/Jo.'l'I-,a-l-1>11,P ii . COUNCIL BILL NO. 76 • Recommendation from the Cultural Arts Commission to adopt a bill for an ordinance that removes the sunset '" j f/.'-(} provision from the Cultural Arts Commission Ordinance. STAFF SOURCES: F Jerrell Black, Director .9J.P,r!la all4 l;lecr9atlon and Gary Hultberg, Recreation Manager. ~ b. Approval of Ordinances on Second Reading . Council Bill No. 55, approving the rezoning from R-1-A Single-Family Residence, to Plan.Q~ Un~ o,velopment (PUD) for property located at 3095 South University.~ c . Resolutions and Motions . i. ~10~ ~'7-0 ii. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds from the General Fund to the Englewood Environmental Foundation for Cinderella City redevelopment,,l51:Al;f SS,~RC~rank Gryglewlcz, Director of Safety Servtc:n. ~ ~ Recommendation from the Department of Public Works to approve, by motion, authorization for the Director of Public Works to sign a design contract with URS Greiner, Inc. for an amount not to exceed $470,000 for South Broadway Widening and Mediaz .. SW:~.SO~E: CharlN Esterly, Director of Public Works. 6~ PINN nole: I ,au haw a ll111111ty and nNCI MUdllary aide ar....., pllw nolfy .. ca, ol 11 .... •oocl (30S-'J'U-24CII) Ill.._. 41 hclln In advanoe ol ..... _.._ .. IINded. ,,_. ,au. • ' - • •· • 0 - - • • ,. Englawooct City Council Agenda Noill .... 16, 1198 Page3 12. General Discussion. • • • • '-Mayo(sCholce d/'fJ '7-() ~~~ ~ b. Council-,s'CMa. if 3?.q) CJ:Jir~ 13. City Manager's Report. a. Englewood Center Update. 14. City Attomev's Reoort. Adjoumme,,t r; % ~ /~ The following minut. w,:,1,:, Llauo ........... ..0 City Council between 10/30/98 and 11/12/98: • Englewood Housing Authority meeting of September 30, 1998 • Englewood Cultural Arts Commission meeting of October 7, 1998 • Englewood Clean, Green and Proud Commission meeting of October 13 , 1998 • Englewood Public Library Board meeting of October 13, 1998 • Englewood Planning and Zoning Commission meeting of October 27, 1998 ,..._ nall: I,-, ,-a CttlllllJ and ....a.-,.._ •••h11, ....... Mllfr .. CIJ ....... &ocd (IGI-Ja.Mll)a1 ..... 41 ......................................... .... . , .. • • 0 • • -• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO " - The rqu1ar meeting of the Englewood Ciry Council was called to order by Mayor Bumsat 7:37 p.m. 2. lllvecadea The inwc:alion was given by Council Member Nabholz. 3 . The PledF of Allegiance was led by Mayor Bums. 4 . a.uc.u Present: Council Members Nabholz. Clapp. Garrett. Bradshaw. Habenicht. Waggoner. Bums Absent : None A quorum WU present 5 . Mi..aa Also pracnt: Ciry Manager Sears Ciry Attorney Brotzman Ciry Clcrt Ellis Senior Planner Slia Director Simploa. Neighborhood and Business Dndopmcnt Director Gryglcwicz. Fiimicial Scrvic:es (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEETING or OCTOBER "· 19'8. Motion carried. Ayes : Council Members Nabholz. Gamtt. Bradshaw. Habenicht , Waggoner . Clapp. Bums Nays : None 6 . Scllieclllled Viliton (a) Mayor Bums llalcd Iha& The Clean. Gn,m and Proud Coaunillioa/Kecp Englewood Beautiful were present to honor the Safety-Kleen Corpcnlion. IDd Eaclewood Firdiglllas Miles Kubly and Mart Stout for their dfons toward and suppon of the ...a Household Hazanlous Material Roundup. Dean Huffaker. a member of the Keep Englewood Beautiful Commission. said he is one of the people who helped orpnize the Household Hazardous Malcrial Roundup . He noced lhis WU very IUCCCllful this year and that he understands this wu the sixth year for this propam. This is the fin& year tbal Litdetoa bas been involwd and we ~ upped ou, 11alistics. quite a bit. became of their involwment. Mr. Huffaker advised. just to give Council a IICIIIC of what they were able to accomplish tbroup this CVClll, 11111 Ibey • • . 5 .... .. •· • 0 - Englewood City Counc:il November 2, 1998 Pagel • • -I • collected 90 pllons of antifrcez.c, 800 gallons of latex paint. 390 pllons of motor oil. 715 gallons of oil- based paint and flanunablcs. 299 pounds of acids and bases. 5 pounds of banned pesticides. 2.308 pounds of lawn and garden chemicals, IO pounds of liquid mercury and 122 automotive batteries. The total cost for this collection was $25,300.00. of which $8,621 .00 was defrayed by in-kind donations and volunteer hours. He advised that the volunteers they would like to rccogniz.c tonight an: the Safety-Kleen Corporation, which handled the disposal of the substances. In addition, he said. they enjoyed the participation of the Colorado Department of Public Health and Environment and Conservation Services, Inc., as well as the volunteer bouB of the Englewood Department of Safety Services-Fi~. LiUlcton Department of Community Development. and the Littleton Fire Dcpanmcnt Mr. Huffaker also recognized the Dcpanmcnt of Public Works Saviccntcr personnel who helped them set up and take down after the two weekends. Mr. Huffaker rcqueslcd that Mayor Burns present a few awards. He rccognu.cd Mark Stout and Miles Kubly of the Englewood Safety Services Dcpanmcnt. UnfOl1Unlldy, be said. Miles Kubly was out of town and couldn't join us. Mayor Bums presented a gift c:crtificatc 10 Mark Stout Mr. Huffaker advised that Mr. Stout and Mr. Kubly an: veterans in this cffon. that for six or SC\lcn years running they have participated in this project. whid1 is longer then he personally knew it existed. So . he said.. they really appreciate their services. Mr. Huffaker requested that the Safety-Kleen Branch Manager. Tracy Holley, join them. He said that Keep Englewood Beautiful has prepared a plaque for Safety-Kleen. Mayor Bums ll()(ed that he stopped by the first week of this program and they we~ ~ly doing yeoman's wort out there. it was really ~l Mayor Burns read the inscription on the plaque . He presented it to Tracy Holley and offcn:d thanks. on behalf of the City of Englewood. for their effons and time. Mr. Holley thanked him and stated they enjoyed it. In closing, Mr. Huffaker said. they an: currently working on expanding this service and hopefully. eventually. setting up a ~t program. with pcl'11WICIII facililics. so thal we can keep lmMdolls malerials out of the environment and safely dispose of than. He advillCIII they will be looking• the possibility of working with more than just DOC county govcmmcnt in order to achieve this. So thal. be said. is what they an: looking at in the future and the Keep Englewood Bautiful C-ission would like to thank everyone who has participllcd over the years in making this • suca:ssful pn,jcct. 7. N-lledllled Viliten (a) Thomas Lee. • Denver resident. llaled that be lives in the general area ol Danmoudl and University and he WIIDICd to address traffic. When you uavd cast on Dartmouth and you wish to tum nonh. or left. on U Diversity. the trlfric is so heavy that -Uy only DOC car can get through that tum and often times you get the feeling they an: forced or they drive through on caulion. So . he said, they have a kind of dangerous situalion there and it might be something for City planning to think about. 8. Commuaicatio111, Prod ... tioll1 ud Appoilllaalb lltcre we~ no communications. proclamations or appointmclU. 9 . hbllc Bari•& (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GAntER cmZEN INPUT ON ntE PROPOSED NEWCOMER MORTUARY PLANNED UNIT DEVELOPMENT. Ayes: Council Members Nabholz, Garfflt. Bradshaw, Habenicht. Waggoner. Clapp. Bums -...... 1 \ ';J ' . • . ~ •· • 0 , I - • Englewood City Council Novcmbu 2, 1998 Pagel Nays : None Motion carried and the public hearing opened. All testimony was given under oath. • 0 - Senior Planner Stin submilled. for the record. Proof of Publication of Notice of Public Hearing. published in the Englewood Herald on October 9. 1998. He explained that this is a Public Hearing to gather input for a proposed Planned Unit Development at the comer of South University Boulevard and cast Dartmouth Avenue. 1bc Planned Unit Development ordinance has some specific principals and those principals arc to be employed when reviewing a planned unit d!MlopmcnL Those arc. he 5lalcd. to provide development conccpcs noc otherwise pcnnillcd within conventional zone districts. encourage Oexibility, unity. quality urban design and diversity in land planning and d!Mlopment. R:SUlting in convenient and harmonious grouping of uses, struclW'CS and common facilities, varied design and site layout and appropriate relationships of spaces to intended uses and adjacent properties. provide the opponunity for unified development control of a single parcel or multiple properties and ensure consiSlcncy with the Comprehensive Plan of the City of Englewood. lllis Planned Unit Development. he said. was considered by the City Planning and Zoning Commission on August 4. 1998 . The conclusion of the Planning Commission was to submit to City Council a recommendation for approval . llie proposal that was presented to the Planning and Zoning Commission was for a Planned Unit Development that would allow for a mortuary to be a pcrmilled use on the property located at the nonhwest comer of South Urlivcrsity Boulevard and Ea5I Danmouth Avenue. 1bcre arc actually two parcels in this proposal, localing approximately 2 .38 acres. 1bc nonhcm parcel is a vacant parcel of about one acre and the southern parcel is slightly over 2.2S acres . 1bc site is developed with a religious institution and currently is occupied and the property to the north is vacant and has been fOI' quite a number of years. Tilis property is currently zoned R-1-A which permits single-family residcncc. religious institutions. educational inslillllions in public facilities. 1bc proposal as JRSCllled to the Planning Commission was for an addition to the south and west sides of the existing structure. the improvement of the pa,ting lot 10 the south of the current church lllUCtUre and collSIJUClion of a pa,ting lot on the nonhcm side of the existing suuct~. as well as access to South Urliversity from that nonhcm parlang lot . Mr. S1111 advilcd that the s&aff. m reviewing this pruposal. recommended approval to the Plannmg CommiSS1011 based on the similamess of the -. the oomplc:teness of the applicalion and lhe compllibility of the proposed use with lhe existing use and the mitiplioa of inqacts idcnlificd by the applicanl in their design process. He noccd tbat this process has hem ,oing on oow for several IIIOlllhs and the applicanl has 111d several limes with ,tpc:a:alali\'CS of the c:omautity to address design iaucs and implc:I iaucs. And again. he said. based on the Plwling Ownminion's rccommendalion. lhe s&affbrings forward a recommendation for approval of this Planned Unit Development Mayor Bums lilalcd 1h11 Council fina entcnaincd this mailer a few weeks ago and had VOied it clown. jull on lhe question of whether it should be a PUD. He explained that some of Council though& belier of it and felt they should ha,'C a public hearing and allow public inpul into this and this is why they arc having this Public Hearing tonight. Mayor Bums advilcd lhal they have accwnulated a nwnber of letters over the past few weeks from ciliz.ens of the communily and lisu of people for and agaiilll and they have a petition. of 160 signalUrcs or more. asking that Council 1111( pcnni1 the rcmning oflhe R-1-A. He 5l8lcd they will all be made part of the public record and all or Council has copies of them Mayor Bums IIO(ed Council will take than under consideralion. (Cle.k's noce : A petition n,ceived in the City Manager's 00-.ce October 29. 19911 with 160 signawra. a leller from James R. and Virginia L. Beck dated September 10. 19911. a leaer from Bob and Lucille McIntyre dated October I. 1998. a letter from Christian E . Milner dated October 21. 19911 lild a card from Polly L. Lee received in lhe City Manager's Office October 29. 1998 were entered inlo lhe .a:ord. ( -• ...... •. ,/ •· • C • Enckwood City Council November 2, 1998 Pace 4 • 0 , . • .... Mayor Bums clarified that Council's normal procedure. when they have put.lie hearings on zoning issues ... and this has been true oflhc City for many years ... is not to VOie on lhc ordinance on the night of the public hearing. but to vote at lhc next meeting. And indeed. he said. lhc City Allomey has advised Council that the ordinance is ROI before them tonight. So. he stated. Council will take input at the Public Hearing and vote on this measure al lhcir next Council meeting in two wc:cks. Jim Zavist, 1900 South Clarkson Sueet. Denver. said he is past prcsidem and cum:ntJy lhc zoning chair of lhc West University Community Association, which is a registered neighborhood organization in Denver. Their boundaries run from Broadway on the west and University on lhc casl and from I 25 down to lhc Denver city limits on the south. So, he pointed out. their boundaries do abut the proposed PUD. Mr . Zavist advised that they were only rccentJy made aware of this being an issue in Englewood and they have rcally had no contact with either the applicant or Englewood Planning and Z.oning . He said thal since they have not been made aware of ii until recently, they have DOI been able to take a formal position on it. Whal they nonnally do is pass out flyers to any neighbors that would be afTc:cted by any rezoning and ask for input al lhcir meeting which they hold on a monthly basis. So. Mr. Zavist advised. they have ROI taken a formal position on this. but he just wanted to bring their historical viewpoint on issues like this. We typically, he said. do ROI suppon expansion of commercial businesses into residential areas. And on the face of it . he maintained. this looks more like a commercial use than a continuation of an i1151itutional or a church use . From what linle he knows about lhc proposal. he said. it seems like tJ1e prcselll zoning is appropriate and going to a PUD would have significant impacts on tJic residcruial uses in the surrounding pans of both Englewood and Denver and also have significant impacts on the traffic on South University . Which is. he ROled. probably something nobody wants to see in either Englewood or Denver. Mayor Bums DOied that the applicant has ROI signed lhc list to speak. but the City Allomcy reminded him thal Harold Stin. from our saaff'. has advised the applicant. their rcprcscnlalivcs. that they could make a prcscnlalion. If they wish to. he said. it would be appropnale to make: it before they have the citizens come up to speak. So if the applicant is prepared to come up and make a presentation. he asked that they please come up at this time and do so. LyM Moore. rcprcscnting lhc Newcomer Monuary. stated that she is with Davis Partnership An:hitccts and they are a1 Ins Sherman SIRCI in Denver. Slic advised tJiat tJicy an: here this evening with one purpose: and that is to request a zoning change from R-1-A to a PUD for tJic parcel of land Iha& Harold Stin described. And. she said. she has graphics to better describe that. It is to allow a monuary use, in addition to all lhc Oilier R-1-A uses that are currently allowed on the site. They are proposing to do the renovation, in addition to an existing church on the site. to accommodate a funeral chapel. She stressed there will be no on-site embalming or cremation. Ms. Moon: said they wanted to make thal very clear. for the record. It will purely be for funeral. memorialwtion and Oilier services. Tiic existing church will be a chapel and Ibey will be adding business functions and ancillary spaces to lhc south and to the west. as Mr. Stitt mentioned. Thc church use. she said. will remain in use. It will be a shared use. the chapel will be shared by bolh lhc church and lhc funeral proceedings. She Slated they an: very compatible in use. they have dilTcn:111 times of opcr.lhon. Most runerals occur during the wcckda)'. during the day . and most churches cilhcr occur ID the evenings or on lhc weekends. Ms. Moon: said she wanted to spend a min .. e talking about the market here. because she thought there was a IOI of misunderstanding. or maybe DOI enough undcnaanding. about what types of operations occur in these facilities. Thc Denver market is such 1h11 about .W-/o of all visits. that come 10 a facility such u this. an: for cremation only. Meaning that there is no service that actually occurs hen:. People drive to the site, make arrangements and then leave. She said thal 30% of visi11 arc ror ananpicn11 thal will incur on-site visitation, so people will actually come. make amagcmcnu. there will be visitation • Ibis facility and some son of memorial service. 30% ol the visill arc just anangancm ror off-site ICrviccs. where people an: going to have a service in a church or some: other type or racility. Whal ~ is propoliag for Ibis facility . she said. is that they an: estimating about 100 visits for the fant year. And thal is inclusive of -• • • • e r,-:i: • I l J - • • • Englewood City Council November 2, 1998 Page 5 • 0 • whether there is just somebody coming to make arrangements. versus an actual full service. And ultimately 200 to 250 services that would occur at this facility and that would probably be after about five years. Ms. Moore said that as they can see. she put some photos up here. She included some existing site photos here. for those familiar with the site. it is located at the comer of Dartmouth and University. It is a current church and the appearance is slightly nmdown. There have been no public improvements done in the area, meaning no sidewalks. no curb and gutter ... unt ii this sununer. when there was a curb and gutter put in by the City of Englewood along the north side of Dartmouth. which is on the south side of the property. She noted there were photos of the existing conditions and they could see that there are six buses parked out in front but generally the property has not been improved in some years and it was built in the mid 50's. Ms. Moore advised that what they are proposing to do is place an addition on the existing church. 1bey are trying to work the design in compatibility with the neighborhood. They had a series of meetings with the neighbors and they gave them some really good input . One of the suggestions, she said, was thal instead of looking for an addition to the north, why don't you look to the south, because this is where the majority of the traffic is and it would probably have the least impact on the neigl1borhood. Ms. Moore swed they took that under advisement and did do that and it works very well for the facility lhey are proposing. It would be a single stOI)' addition 1ha1 would lie into the same roof fonn and architectural fonn. massing and materials as the existing church. So ii would be a blond brick color with similar accents. There would be some renovation 10 the inside and probably the outside of the church. as well. 10 integrate the two. The main site access has actually been moved already. as part of the City of Englewood road construction that occurred this summer. Ms. Moore advised that they coordinated with them and located an entry farther to the west. which was considered to be much safer than the previous entry. She pointed oi.t, on her exhibits. the primary entry 10 the facility and the two lots they are developing. The main entry comes into a parking lot that has 59 parking spaces. with handicapped spaces placed up close to the entry. There is some supplemental parking on the north side that would probably be used only when there is a larger service. For the most pan. she opined. this would be more than enough parking to accommodate what was going to occur on the site. She said she wanted to point out that Newcomer felt very strongly about providing on- site pa,king so they wouldn't be congesting the streets and having people flow onto the streets like they have seen al some other facilities in the area. So they arc proposing a total of 100 parking spaces. She pointed out the main cnll)· 10 die facility. which is obviousl)' a good solar orientation. because it is facing south. She pointed out a covered drop off point. They have an enclosed garage that has doors on both sides where tlicy arc loading and all services would occur. That would feed directly to the inside so there would be no visibility 10 the sunounding community of any of the loading and unloading that would occur on the site. Ms. Moore advised that some of the other feedback, they got from the neighbors. was wanting to make sure the site was landscaped. Obviously, she said. that has not happened to the degree that the rest of the neighborhood has embraced landscaping over the last several years. Pan of the site. particularly the north end. she said. is not 10 the standards that she knows Council and the community would like to sec. 1bey have agreed to dedicate over 40% of die site to open space and landscaping. 111.is is a very large parcel that serves a few functions . First and foremost it provides a real significant buffer from the people in Denver who live just 10 the nortJ1. In addition. it allows us to correct some drainage problems diat were brought up in some community meetings. There is water that 1s flowing from a large residential estale across and coming into some propenies along Ilic nonh side. She pointed out an area 1ha1 would be re-graded and that drainage would be directed and accommodated so d1erc would no longer be drai1iage flowing onto those properties. In addition they are proposing a sculpted eanh benn to serve as a buffer between the parking lot and the building and those residential units. An important note. she said. is pointing out the stn:c1SCapC improvements that would occur on both East Dartmouth and South University Boulevard. Cum:nt.ly, thcR is no curb. gutter or sidewalk along University. it is just the grass that comes out and ends at the Sb'CCI . They would put in a dclached six foot sidewalk and City and County of Denver 5landanl street trees. that is also in conformance with what the City of Englewood is looking for. Ms. Moore advised thal the City and County of Denver. from what she understands. regulates dl31 ponion of University. They would also be proposing a similar treauncn1 along Dartmouth. as well as hedge materials that would help scn:cn the ,- •. I • • 0 f • Englewood City Council Novc:mMr 2, 1998 Pai=c 6 • 0 I • - parking lot from the residential homes across Danmoulh. as well as across University. She said they believe that, from a safety standpoint this would significantly improve what is there now. At the Planning Commission hearing they heard somebody stand up and speak about how dangerous ii is to get across University and then find that there arc no sidewalks to walk on. So that is pan of this project . Ms. Moore said she felt ii was imponan1 to go over the process they have had to date, in coordinating with the City and with the community, because it has been very. very extensive. She noted. as Harold Stin mentioned. they staned last March. they have had nwncrous meetings with neighborhood groups. with individuals. with the City staff. to try to get a handle on what the concerns were in the neighborhood and in the community and what the City was looking for for this pan of the City. They had thn:c major community meetings. one: OCCWTCd in January. one: was in April and one was in June:. The one in January was just an introduction about the project and about Newcomer coming into the area. just to feel out and see what people fc:lt about this type of facility. They had a follow-up rnc:cting in April when they actually had a concept plan. lo get mon: specific information. Tiw was also a requirement of the City of Englewood. because they had met with the planning staff and indicated they wanted to proceed with the PUD . They were provided with a mailing list of tl1osc residents witl1in 500 feet of the property and they mailed a notification to all of those people. plus they expanded it to include some of the Denver neighborhood to the north and lo the cast. So it was beyond wha1 was required by Englewood. She said they did that because they understand tliat tlus is on 1he border between Englewood and Denver and it is important from a community standpoint lo make sure tl1at whal people would like to see in Englewood and Denver is coordinated and they can try to keep everybody as happy as possible. So they recognize that this is an Englewood procedure. however. they fell it was important 10 get Denver input. 1bcre was another meeting in June:. where they went over the subminal tliat was about ready to go in. They had incorporated several comments that had come out of the previous meetings, so tl1e plan Council sees before them is a culmination of those meetings. Ms. Moore said she thinks ii is important to note that at both meetings. in April and in June:. that had anywhere from ten to tlurly people attending. that they did a straw poll at both of those meetings. In the April meeting. before they had a finalized site plan. the straw poll was. did people believe that this was an acceptable or reasonable or appropriate use for this site. The majority of people did feel that it was . At the third community meeting in June. and they also notified the same group of people and expanded a little bit based on input that Ilic)' got from some of the neighbors. they had another straw poll to ask if people felt it was an appropriate use and. she thouglu. at that meeting all but two people thought that it was . They asked if they felt that. aesthetically. this was a rcasoriablc plan. setting the use aside. if they felt ii was compatible from an aesthetic standpoint and tliat was unanimous in suppon of that. They then proceeded with submining the PUD. they went before Ilic Planning and Zoning Commission on August 4th. there was a lol of public comment al tliat meeting. TI1ey made a presentation and summarized what they had done in the proposal Council is seeing this evening and they did approve it on a 6-2 vote. She said that one of the conditions was that Newcomer own the properties before that approval became effective. Ms. Moore advised that Newcomer cwrently has both properties under conuact and they arc poised to close when ii is finally approved. They had several additional meetings following the Planning Commission hearing. because ii was obvious 1ha1 there were several people in the community that still did nol feel cornfonable or were in opposition 10 tl1eir proposal. So tl1ey got together with a variety of neighbors and tried to gel flyers out, passing out factual infonnation. She pom1ed out there was a lot of nunors going around. they would get calls asking about a crematory They were not going to have iL it has never been pan of the plan. but there were several !lungs going around and they just wanted to sci the record straight. So they went ahead and issued a flyer and hosted another meeting 10 make sure everybody was aware of whal the facts were. 1llcy have in Ilic: last few weeks met with Denver City Council Member Joyce Foster. as her district abuts Englewood. She has reviewed the proposal. she has participaled in some surrowiding neighborhood rnc:ctings. from wh.it slic: Wlderstands. Ms. Moore advised that Ms . Foster indicated to them today that she docs not feel this is a Denver issue and she is remairung neutral . Some of the neighbors got together and passed around a petition of suppon. which was provided to Council last week . There is. she noted. another supporter who signed the petition today . so slic: submitted that for the: record. as well as updated maps. showing 11131 suppon. • • I • • C , , ; , . r, , - - • Englewood City Council November 2, 1998 Page 7 • 0 • Ms. Moore advised that there were SC\/eral community concerns that came out of these meetings that she wanted to address. One was aemation and that has come up at every meeting and it continues to be a nunor. She said she just wanted to state. emphatically, that there will be no cremation, there will be no embalming at this facility . Another comment that came out of every meeting that they had was that they hated the white buses and they wanted to know if they arc going to stay there. She said no, no. no ... they will be relocated to another location, they will not remain on the site. Several of the people expressed that they arc wicomfonable having words like cremation. funeral or monuary on any signage in the neighborhood . So the signage that is proposed and is pan of the PUD Council has seen. refers to the facility as a family chapel and resource center. And. she advised. Newcomer is very comfonable with thaL Ms . Moore noted thcre have been a lot of comments recently that this will be a less costly monuary than what most of the mortuary's arc in the marketplace and they arc worried about the low class people coming into their neighborhood to use this facility . As. she said. most people know. Newcomer is a full service facility, but they have chosen to accept less profit for it. They believe there is a real nwkd for people out there to have access to full service facilities and not have to pay the high markup that you consistently sec in most funeral facilities. She opined that ii is also imponant to note that <JO-/. of all clients that use a monuary. live within a five mile radius of that facility . lnat is everywhere. that 1s an across-the-board. at any location. ratio. So. she maintained. this facility will serve this community and this neighborhood . lbc type of clients that they have found conic to their similar facilities like this elsewhere. arc clients that not only live in the area. but they are people tliat are well infonncd about tlieir options and they are conscientious about how they spend their money . It is noL she stated. a cut-rate facility. it is a facility that will offer the same services at a reduced rate. Ms. Moore advised that another comment that has come up consistently. is that this facility will generate a lot of traffic in the neighborhood and they will be inconvenienced everyday by funeral processions on Danmouth and University, two strcets that are already very, very crowded. This is an i.mporWII one. she said. because this facility is going to have a very minor impact on traffic in the area . She maintained that "°"• to 70-/e of the visits will be from people only making arrangements ... that is one or two or three cars ... a family coming to make arrangements . lnat is 60-/o to ?o-.1. of all the users . She stated that 30% to .W-/e of the visits will be for making arrangements and holding a service. Some of these. but not all will have processions and these processions will stop traffic for an average of five to ten minutes. Ms. Moore staled they are. as she said. providing a IOO off-street parking spaces so 11111 tliey don't impact the streets by parking for those occasions when there arc processions. 11,ey believe tliere will be very minimal. and very infrequent. traffic impacts. Another thing that is imponant to note. is that funerals typically occur between 10 :00 am. and 2:00 p .m . on weekdays. she said. It is a time wlien a lot of people in the neighborhood an:: not home. it is not a weekend or an evening use. there arc restrictions on when you can actually inter somebody in a cemetery and so you need to have your funerals and. other services, by a ccnain time of day. So. she said. they consider the impact is going to be very minimal. They also had a traffic study that was done. that Council has. that indicates the same. Ms . Moore advised that another question that has consistently conie up is tliat Ilic PUD will open up this site for other commercial development . She Slalcd that the only use allowed. other than what is currcnt.ly allowed in the R-1-A. is. and will be. a monuary ~ithout cremation or embalming ... no other u .: r.ouJd occur. lbc question came up about what if somebody buys out the propeny in the future and wants to tum it into a bank or something else. Ms. Moore said. from what she understands. it can't be done without going through a rezoning process . lbc only thing that can be done on it would be what is currently allowed plus the mortuary. So this will not. she maintained. open up this site to other commercial development. without having it go through the process they are going through right now . Ms . Moore said the last comment. and it is probably the one they have heard more than anything. is that a monuary in the neighborhood will decralc their pn,peny values. Thal is a big fear of a lot of people. Newcomer. she said. wanted to know if that was IJUc or not. so they hired an indcpcndcnt real cswc consultant. who is one of the foremosl real estate appraiser's in Denver. Bowc:s and Company, to do an • • ['",,t I .. l ., , •· • C , • • J • Englewood City Council November 2, 1998 Pages • 0 • independent study to find out what son of impact this facility would have in this community. They took a look at similar neighborhoods tJuoughout the mc:uopolitan area. where you have a residential development with homes thal arc inuncdiaaely next to a funeral facility and/or a cemetery. She said they compared the sales prices of those homes versus other homes. in that same community, which were of like size and comparable value. They interviewed homcowncr's who lived next to the mortuary. to find out how they felt about living next to one. They also researched each monuary's number of services per year and the specific services they offered ... meaning did they offer cremation or embalming or other things. Just to get an undel'S1allding if this had any impact on those residential values. This report she said. was provided to Council last week. but she would just like to read a couple of things from thal because she feels it is very penincnt. Their conclusions. she noted, after researching this. was that "all implCIS issues have been satisfactorily addressed by Newcomer Family Monuary. To lower the impact on the neighboring property. Newcomer has agreed to install sidewalks. cwt, and gutter. install landscaping along the perimeter of the site. direct water run~ff from neighboring properties onto a detention pond at the north end of the propeny. provide a drive-through garage for transferring bodies into monuary. out of view from neighboring properties.• Ms. Moore stated th3I those were things that were consistently found to degrade the value in other areas. They have assessed. she said. that there will be no value impacl whatsoever. on the residential propenies adjoining the proposed monuary development . "The development of the vacant site on University Boulevard. an addition of a mortuary use to the exisiing church. will be uading WICCnainty now. for cenainty concerning the development. use and maintenance of the propeny. Doc 10 the proposed PUD. the long term use will be known.• Ms . Moore said she just wanted 10 read a couple of quotes from people who live next to these facilities . There arc two people who live immediately next to Chapel Hill Monuary. which is 31 660 I South Colorado Boulevard. They say they kind of like backing onto a moniwy. because there is no one behind them . "1besc people don't make noise or bun anybody, we never hear anything. There is no traffic problems from the monuary and there is no value negatives.• She quoted from another one near the same monuary ... "it is quieter here. peacdul. pretty. We can sec the mortuary building from the back of our house. including the master bedroom . I am floe with il I c1on, mind it at all . The monuary has no affect on value.• At Drinkwine Monuary at 999 Wesa Littleton Boulevard. she said. the neighbor said "the monuary propeny is quiet and well kept. Recently they had a large funeral. with a lot or cars. It was only for a sbon time and it only happens once in awhile. The mortuary docs not affect my propeny value. Ms. Moore advised that that person goes on to say "they would prd'cr thaa to living next to a school.• Another one from next to Drinkwine says "these people never bother us. the)· are quieter than most . Just as soon live here as any other block. In the 40 years that I have lived here. I have only seen one body carried in. Occasionally they will have a large funeral with a lot of cars th3I park on the street. Thal docs not happen very often and it is only for a couple of hours. I have lived here for 40 years and I would buy there again.• So. Ms . Moore said. generally the feedback from the neighbors. that live next to iL is that they consider them very good neighbors. Ms. Moore advised that Bowes also checked with aparunent owners and asked if they charged less rent for those units that arc facing a mortuary, than tl1ey do for others in their complex. The answer was absolutely not. it is the same rent. Ms. Moore stated that Bowes and Company's conclusion. about the assessed value and the impaclS on the adjacent area. is that "we have studied the proposed Newcomer Family Monuary development at the nonhwest comer of Danmouth Avenue and University Boulevard. We compared properties next to monuary's. to similar propenies away from monuary's. and the data shows no impacl on value. Homeowners interviewed would buy those properties again. Apanments facing a monuary do not have lower rent than any other units. There will be no negative impact on the residential propcrucs in the neighborhood adjoining the proposed Newcomer Family Monuary development .• Ms. Moore staled that Newcomer made a commitment early on. and this is something they shared with the neighbors and the Planning Commission. thal they want to be a good neighbor. they want to be COlllpllible • - .. - .. . ' ., I· • 0 ' - • Englewood City Council November 2, 1998 Page9 • 0 • ,. - I• with the area. TIiey believe that !hey can be. they have done so successfully in other pans of the country and they have expressed an interest early on in working with the people and becoming a pan of the community and not trying to go ahead and develop something that !hey just feel is appropriate for themselves. She pointed out that a lot of time and energy has bc:cn put towards coordinating with everybody. Ms. Moore said. in summary, she just wanted to review why they believe it is a compatible use and an appropriate use for this site. II is low density, it is consistent with the density of the neighborhood. The scale of the building will be similar to other buildings in the area. The use is similar to a church, it is quiet, it is clean. The site will be upgraded and well maintained. They believe. she said. that it will be a considerable improvement. 1bcrc will be a large amount of landscaped open space. preserved. as a pan of this devdopment. Safety has already been improved by moving the main access off of Dartmouth, but the improved street frontage. by providing sidewalks. will greatly improve the safety for pedestrians and be an asset to the City. It will have a high quality image and will contribute to the stability of the neighborhood by eliminaling opportwlity for other, less desirable. development. One of the things, she noted, that they want to say here. is that they really commend the City of Englewood's planning Slaff'. because. from the begiming. the)• have had a very strong adherence to maintaining the character and integrity of the neighborhood. And Slaff' advised them thal it is most imponant with whatever they did. that they needed to make sure that they fit in. that they looked like they belonged there and it looked like it was an eslablishcd facility . Ms. Moore commented that staff' rccogniz.es that some other uses could go in there right now. based on what is allowed in the R-1-A ... schools. rehab centers. higher density residential could go there. She stated that staff' has indicated that they feel this is an acceptable use. Staff was very clear in what they expected and they believe they have responded in what they consider to be a very legitimate site plan and alternative for the site. She Slated they believe it is compatible witl1 tl1e City's Comprehensive Plan. It will provide appro"imately $20.000 lo $30.000 in revenue to the City from combined property and sales ta)(es on an annual basis. She said finally, and probably most imponantly. is thal this proposal is strongly supported by those Englewood residents and iaxpayers who own property immediately adjacent to the propolCIII mortuary. She said they have a map thal sllcM'S those people who have signed a petition in support. Council indicated they had a copy of the map. Ms. Moon: said they can sec that everything in the blue arc the pcoplc who have signed the petition. those people that arc most impacted on Dartmouth. The red is Denver and the blue is Englewood. the S00 foot notificauon an:a. So. she pointed out. they have a real significant amounl of suppon for the project from the pcoplc who believe that they arc the most impacted. In conclusion. Ms. Moore said. they recognize that it is in the best interest of the commwlity to provide a facility that is appropriate for both Denver and Englewood residents. They have done what they can to try to receive input and implcmclll feedback from Denver residents into the plan. She commented that they also recognize thal it is. lcgally, a City of Englewood issue and they believe thal the City of Englewood residents and taxpayers should have the grcaaer influence on their design and Council's decision. Council will be hearing testimony tonight. she said. from people who arc not from Englewood and they hope that Council will liSlcn to their addresses and lake those people that arc living in Englewood and taxpayers in Englewood and give them their due consideration. Ms. Moore said that thal concludes her presentation. thal she would like to introduce Ray Newcomer. who will be the owner of this proposed facility and he is going to say just a couple of things. Also. she said, she will be available for questions. Additionally. she advised. they have other people who can respond to specific questions Council might have. Mayor Burns noted they do have a few questions and Ms. Moore has laken 2S minuaes or so here and he thoughl if Mr. Newcomer wants to say a few things that is fine, but they don't wanl to Slart over again with another presentation on the same thing. same points. • . •· • 0 , - • • • Eni:lewood City Council November 2, 1998 Pai:e HI • 0 • Ray Newcomer. from Topeka. Kansas. stated that he cannot add anything to what Harold Still or Lynn Moore have said academically about this project. they covered it very well . He said he would like to emphasize that he personally is committed to entering Englewood. Colorado on a long term relationship, that he wants to become pan of the fabric of the community. that that is imponant to him. He wants 10 make an investment in Englewood. He noted. as Ms. Moore said. that his company has worked with the City planner's and the neighbor's in designing a very suitable property and something he thought would be positive on that location al the comerofDanmouth and University . He opined ii is with the integrity of the community. ii stays with the integrity of the community with the design. the landscaping and the name issue . He said that is all he had 10 say and if Council had any questions he would be glad lo answer them. Council Member Bradshaw asked if the Newcomer Monuary is a for profit business. Mr. Newcomer said that is COITCCI. Mayor Bums said he understood 500 notices were sent out and tllcy noted who had signed in favor. He asked Ms. Moore how many residents. further south in the neighborhood who panicipaled in their public meetings. or O(hcrs along Dartmouth Circle who participated in their public meetings. did not sign in suppon. Ms. Moore said she did not know off-hand. She explained that they didn't send out 500 . they sent it out to people within 500 feet. She said she wanted 10 clarify that first of all and she did not know the exact quantity . 'There were a lot of people from Denver who came lo the meetings they had. there were a lot of people from Englewood who didn't come. There were some people who suppon the project now. who didn~ originally suppon the project . she said. as they were concerned about what could happen and once they understood the PUD process and what it would allow they changed their minds . But. she said. she docsn~ have an answer as 10 who is in suppon and who isn't. She commented that she suspects that you probably have a list of those people . Ms. Moore said that she knows that there were people who came 10 both meetings and do not suppon it. as well as people who do suppon it. Council Member Nabholz asked since this is a panncrship with a church and since they arc a for profit business. if this would put them in a tax exempt status. Ms. Moore said no. Mayor Bums asked if lhcrc were any O(her questions of the presenters. 'There were none and he thanked them . Ra y Berlin. 2132 East Danmouth Avenue. said that Mayor Bums mentioned that they had 160 petition signatures and he doesn't know how many of them arc Englewood residents. but he has some who arc . He submitted that petition for the record. He noted Cowicil may or may not have that petition. He said he would like 10 say. in opening. that we arc a neigl1borhood. we are a Denver neighborhood and we arc an Englewood neighborhood. In the past when a contentious situation came up. especially with a nursing home, both neighborhoods were united . He said he doesn~ want to see this deteriorate into a them and us situation. ii is not that at all. Mr. Berlin stated that he favors the proposal and he favors ii because be feels like ii doesn't intrude and he lives pretty approximate 10 where ii is going 10 be . In that relation, it docsn 't bother him. although he lives a little fanher tlian 500 feet away from the project . For what is being proposed and what is being done. he said. that he believes Mr. Newcomer is an honorable man and be doesn't think he is not going to do what he says he is going to do. Being a broker. an agclll and an investor, he said. he understands what real estate means in relat ion to changing zonings. we don't want that either . But . he stated. the PUD won't do that and if in the future. he assured COWlCil. if anybody attempts 10 change that PUD or make another commercial application he would oppose ii as strongly as he is Slanding here in favor of this. 11lcy can rel y on that. In conclusion. he said. he would like 10 say that the gentleman from Denver has a very valid point. This particular comer needs a lurn arrow. He noted that every morning when he goes down there. there arc at least 10 or 12 cars trying 10 turn left or right. or 50Ulh or nonh on University. and one day somebody is go ing 10 be badly injured or killed at thal inlerscction. He staled lherc is no doubt about it. ii is coming and he was glad the gentleman brought ii up because it is prevalent and it is going to happen lhcrc. He said he didni think it takes much 10 put a turn arrow there, sc, if Council docs notl1ing else. please put a turn arrow on tlial street. • "' - • I· • C , • • • Englewood City Council November 2, 1998 Page II • 0 • Virginia Beck. 2302 East Dartmouth Avenue. advised that she and her husband have lived for 14 yean across the street from the chwdl. 1bcy have watched the property with inlercst. they have been visitors 31 the church and watched that property and the vacant lot 1bcy ha\'C been concerned about it. because the church is not an ideal place for any other church to come in and use that facility should the cunent tenants not be able to be there ... fmancially. if they were not able to n:nt that facility . It has no Sunday school rooms, it has a foyer. chapel, office and a nursery and it has vcry liUle else. II is not conducive for rental by other church groups. Ms. Beck Slaled they have watched with concern the poor care of the vacant lot north of the church. they have been concerned about those seven bwcs out front and the lack of sidewalk. But. she said. they an: satisfied with this petition. She noted they have come to it gr.idually. they pn:fern:d to have a nice quiet little chwch there. but as they have heard this proposal and gone to these meetings they have come to sec that this is going to be an improveancnt in their neighborhood . Their view is going to be better. that corner is going to be better and the concern about traffic coming out ... well it will come riglu directly out to their street and their property as it turns. But. the idea that funerals will be held between 10 :00 and 2:00 means that it will very seldom impaa her life or the lives of those who live along that street. And so. she said. she and her husband would favor that proposal and welcome Council's vote in favor of ii. Lou Berlin. 2132 East Danmoulh Avenue. said tlaat she really doesn't have much to say other than she is in favor of it. She advised they have worked very hard with Mr. Newcomer and his staff and she thinks it would be a great improvement in their neighborhood . Dudley Smith. 3224 South Gregg Coun. Denver. advised tlaat he is Ilic president of the Cherry Hills Heights Homeowncr's Association. He said he represents over I 00 households east of the intersection they an: addressing Ibis evening. Mr. Sanith stated that . like the first gentleman. he has not been given the information. nor has there been any presentation given to either himself. their board or their neighborhood regarding this venture that is on the books . Tiiereforc they were not able to properly address the specific issues that have been brought up tooiglu. But. he said. based on the very brief information that has been prcscntcd to them at their mos& recent board meeting. they do feel strongly among their board members and n:prescnialivcs of the neighborhood that they arc against having any commercial venture cxiSI in Ibis residential area. Again as it has been noted. he said. there arc thra: miles along University 1h31 cxiSI without any commercial vcntun: and they fccl that there is no need to suddenly create a new piecedcncc to cs&ablish this commercial VClllUl'C bcrc and now. 1bcy know the succts an: very busy and. he said. be personally can't sec how a new commercial venture of any size can help but increase the traffic Dow in tbal area . Whether you have 500 cars. a week. a month. a year ... he thouglu any kind of venture would nallU'ally increase traffic Dow . 1bcy have Slavens School. which is just two blocks east of that arca and if you have traffic Dow increasing that way or any kind of processions going bY the school in the middle of the day, that may or may not have impact on the children. but it is ccnainly a consideration. Mr. Smith said he doesn't have any other specifics. he hasn't 113d lime to actually petition his neighborhood. he would be happy to. in the next two weeks. just so Council could get a clear picture of how it is seen by the community at large. Denver is maybe the alien neighbor to the east. but they do have concerns. While be has no objection to a new commercial venture existing in Englewood and having your tax dollars increase, he would guess his question would be is this really the bcSI location for such a venture. Especially, when you have opportWlilics. pemaps, only a few blocks to the west on Broadway or on Hampden. II would obviously allow for another commercial venture in a much more compatible setting. He said that is all be had to say . Frank Miner. 3121 South Vine Street. said that they moved into. what was tlien known as. Hampden Hills in 1954. so they have seen a lot of development taking place in that area. He said he thought it would be very interesting to compare petitions that were signed bY Englewood citizens protesting against in-home day care centers. because it was a business. Many of them were residents who arc on Danmoutb Circle and arc on East Danmoulh Avenue. He advised he has a copy of such a petition. from 1996, with him and be submilled it for the record. He didn't have time to compare all of the signatures. however be has highliglued some of them. This is not a question of a monuary. Ibis is a question of a for profit businca in \c-. . . ''It • I' •• ...... ' •· • 0 • • Englewood City Council No,·embcr 2, 1998 Pa,te 12 • 0 • a residential neighborhood. this is a question of changing zoning. He said they brought their homes, they moved into Englewood. they wc:rc told this was R-1-A zoning and they want it kept thal way . Mr. Miner stated cmphal.ically that they do not want the 1.oning changed. He docs not care ir ii is a monuary or a 7 - Eleven or a Texaco station. or whalcver it may be ... he docs not want to sec the zoning changed in that neighborhood. Several years ago he worked for a company that asked him to move across the counuy. consequently they have: lived in 16 diff'en:nt homes. six different stales in the United States. Mr. Miner stated they had to make the decision 16 times of when: they wanted to live . Twice they chose Hampden Hills. They wen: moved out of Hampden Hills and then they moved back. When they wc:n: in Rockford. Illinois. his wife said to him thal they wen: going back to Denver and asked him if he coold find a home in Hampden Hills. to gel it He noted she cooldn~ come here to help him. so he came and bought the home himself. And that he said. is the kind of neighborhood they found and the kind of a neighborhood they hope they can continue to live in. He asked that tlicy please not change the zoning in Englewood ... not change any R-1-A zoning in Englewood or any residential zoning. He stated we: need every house we can gel. Fn:d Tromly, 3104 Sooth Vine Coon. he stated that he and his wife have lived at this address for 45 years. Most of nonhc:a5I Englewood. including their home. is zoned R-1-A . TI1e land. including God's Miracle Church. was zoned R-1 by Englewood in 1946 and later this land was designated R-1-A residential . For over SO years. he pointed out this land has been residential with no zoning changes. Then: is an old saying thal if it ain~ broke. don't fix it or change it. he said. Our Council has been asked to vote on a request to change this residential zone to a PUD 1.one located on University Boulevard. nonh of Danmouth Avenue. He advised thal he and his wife. Ruth Tromly. joined over 160 residents of northeast Englewood 10 vote against this zoning change from residential to PUD. which would peon.ii a business. He noted thal the previous speaker said that this would bring $20.000 10 $30.000 in revenue 10 Englewood. Mr. Tromly said he challenged that sta1emcn1 and he would like to hear a breakdown of ii . He said he would presume this would be in propcny taxes and sales tax. but he would like 10 sec a breakdown of that. J. B. Kennedy. 3225 Sooth Race Street. which is three or four blocks away from this immcdialc sihlalion. so he pleads guilty to not being directly involved with that aspect. He said he would also plead guilty to not being in the real estate business or the promotim business. Mr . Kennedy advised that he is a retired airline captain for United Airlines and he received a Diainguished Flying Cross from the Navy when be was 21 years old in combat as a carrier pilot. when he wound up commanding a fighler squadron. He said thal he mentions these things only to suggest that he is somewhat concerned with what is occurring here in terms of principle. Principle. he noted his wife says that is his middle name. and maybe it is. As he understands it he said. and maybe Council can corn:ct him if he is mistaken. that the principle of zoning is to provide a commWlity and a city. a logical. progressive development process . It was established here for sometime. even though they have been in the area for 45 years as well . Ccnainly. he staled. the area has. in fact. appreciated both on the Denver side of University and up and down University. people have improved it consistently. since they have lived then: in their panicular pan of Hampden Hills. Then: is no excuse for suggesting that the area has been somehow eroded into a potential commercial proposition. So ir the principle of zoning is at all imponant. he said. we: have to discuss it from that aspect.. It doesn't llllltCr how nice these people an: and he has met Mr. Newcomer and he is pleased to say he enjoyed knowing him. be has met the minister who has pleaded his case for this particular rezoning to stabilize his fulun: as a minister in the area . That he SIJ'CSsed. is none of Council's concern. as they well know and he would hope that no one here would dare suggest that that is a factor which should ever enter Council's decisions regarding 1.oning. He staled ii docsni mailer how much traffic. or how little. ii docsn~ matter how nice ii will be. If he came to CoWlcil and said he had a proposition when: he was going to take his backyard and he was going 10 promise that he would pul in pa,lting for a large number of can where his yard is. he would pul up some ligllls. tliey \\oni be n:al bright jUSI some lillle lights and he was going to condUC1 a business. because he is going 10 make profit al ii and if on three sides of his propeny ii was residential. they would laugh him out of the Council Chambers. lie said . He staled emphatically that the issue is zoning and nothing else . Mr. Kennedy advised that he has great respect for the Newcomer orpnimtim. and he is sure they an: very dedicated. but it is for profit. If Council chooses to make a for profit operalion go in tbe heart ...... •. •· • C - • Englewood City Council November 2, 1998 Page 13 • 0 • of residcnlial zoning. he maintained. they arc deslroying the veF) principle of zoning. That is the issue. On prior occasions. he said. he has never spoken. he has listened. when ii was suggested that somehow you could expect that it might be worse someday ... that is an insult 10 their intelligence as Council people and to those that follow them as Council people. He stated that that son of intimidation is. 10 him. extremely irritating. It is all foo-foo as to whether the roads are nice. whether the pariting is free. whether they put in some shrubs. If they want to do something for profit. you either change your wording for R-1-A to include commercial. which of course would be ridiculous. that applies to all R-1-A in Englewood and you have to. on the face of it. deny this. You can, be a little pregnant, you can, say. well. it is a little business and they are only going to operate from I0:00 to 2 :00. lfhe said it about bringing in a shop and selling nothing but bibles on his propcny on the back ... and. he said. they are nice people. they will only come between I0:00 and 2 :00 but they are going to make money at it. He staled he gets a little Slcamcd and he n:spccts these people before him. you ladies and gentleman are responsible citizens of Englewood as we would hope we all are. He pointed out that Council's decision is not the Planning Board's decision. They look at the technical aspects. they do very. very imponant mailers. But. he said. the decision to change from residential to commercial exis&s with Council and that is all they have to decide. He said he would be happy to answer any questions. John Banelmay advised he is the pastor of God's Miracle Church. at 3095 Soutl1 University. and of course he speaks in favor ofthis and he again makes a declaration 11131 he is not in pannership with the Newcomer Family Monuary. But. he said. having been a resident. not ownership. but the resident church in that propcny and renting that propcny for the lasl. little over. four years. all kinds of things have come and gone. And the issue of the propcny to the nonh. which was once owned by the church years ago. and as the thought of the propcny to the nonh having a chapel of it's own on it. he is tlie one who talked to Mr. Newcomer and their group about combining the two propenies. Because. he said. we have an opponunity, as Englewood and the residents around there. to finally bring some continuity to the propcnies. No one is. probably . opposed to the church on the corner. he said. He holds funerals tl1ere. himself. not as many as a funeral chapel would hopefully. but they have weddings. public meetings Sunday morning. Sunday night. Wednesday night and other nights and during Ilic week many times and they have tried to improve it since they have been there. within the capabilities of what they were able 10 do. He said lie wanted Council and the people behind him to know that he really believes that this has been presented to us to make a decision and the decision is in their hands to make the propcny compatible to the area. because if he should happen to lca\'C five years down the road. if he should happen to sell his propcny. it could only be used as a church/funeral chapel. So. the continuity of the propcny would be maintained unless otherwise overturned by this Council. So . he said. he speaks in favor of it and lie appreciated tlicir time. Dale Duran. 3 151 South Corona, advised they have I ived in Englewood for over 30 years and he did not know anything about this proposal until about five days ago. He called Planning and Zoning and they said there has been a sign up there . He noted a friend of his lives about four houses down in Denver and he has never seen that sign and he doesn't know where tlicy put the damn sign. He used to work for a monuary when he was in grad school. and he worked tlicrc for about two or tlircc years. he said. and he knows the ins and outs of the monuary business. He took a graduate course in economics and one of the classes he had to take was how to lie with statistics and he would challenge the rcprcscntative of Newcomer Monuary to provide him with the information that 40-/o of the people go there for cremation . As far as he knows. he said. there are only two or three crcnl31oriums in the metropolitan area. Also. there arc three monuarics in the Englewood area. actually four if you consider Linleton. but there is one on Hampden and Marion and they have two down on South Broadway and the other one on Linleton Boulevard and you are going to have funeral processions whichever way you are going to go. You have Fon Logan Cemetery down on WCSI Hampden. you have a cemetery and mortuary over on Syracuse and Hampden and Lialcton ccmctcry. So . he pointed out. you are going to have processions that go C\'eF)· which way on this thing. He said he jus& thinks this is ludicrous that they want to put a monuary O\'cr rliere on University. it is a residential area. Let it stay residential. he said. He reiterated tlia1 he lias worked for monuaries. he made the arrangements , he went to funeral processions and went to the ccmeteF)'. He did all that SlulT and he knows what they do and what the impact is. .. -• ,. - I • • C f - • • • En~lewood City Council November 2, 1998 Page 14 • 0 • ,,, - I • Peter Ludwig. 2161 East Floyd Avenue. said he wan1cd 10 talk a liule less aboul lhe site. buljust a little bil more aboul lhe future. He lhought lhe applicanl was very articulale and very clear in explaining lhat this site. in lhe future. will not go to anolher kind of business use 31 all . 1Jiat mighl be viewed as more inuusive. He applauded lheir work on lhat point. He said his concern is about olher things and he has a little bit of experience in lhe law. he doesn't claim any knowledge of zoning. his concern is if they allow in one PUD in a residential area he is worried about lhe next one. Mr. Ludwig acknowledged lhat he may be very happy wilh this mortuary use. he lives five. six blocks away. but he is worried lhat you have one. now you have kind of broken lhe mold on our nice residential neighborhood and lhe next applicant comes along and says now here is one ... you allowed this PUD over here. now I want one over here. He said lhe lawyer in him says. boy you swt worrying about discrimination claims and lhe next applicant kind of gets lhe boot strap, you have kind of broken lhe mold. you have lost your no longer totally residential. you have allowed in a linlc business over here and whal is lhe next one? Mr. Ludwig said he rcali?.CS thal is a very. very. difficult issue for both lhe applicant and the Council. The applicanl can'I sit here and make promises about lhe future. he said. and he was sure the Council mighl suggest thal 1hcy review 1hesc on a case by case basis. And he agreed wilh thal. He said he is just saying lei's not break 1.he mold of Ibis neighborhood. let's just keep it residen1ial. we don'I have Ibis issue if we don'I allow any PUD use al all and so1ne of lhe previous speakers have been very eloquent in lhat respect . He noted he has only lived here aboul five or six years and in some neighborhoods in Denver thal makes you the senior. most longslanding resident. but not here. He might as well of moved in yesterday. But. he said. they were very eloquent and he just wanted lO add his concerns. lets just keep it residential. thal is a very precious lhing. Nancy Flanagan. 2260 East Columbia Place. Denver. poinled oul her house on the map. She said she was notified of the meetings in lhe spring and in the swruner and she attended. She said she believes I.hat Ms . Moore has drawn a beautiful plan and made an excellent presentation. She said she lhought Mr. Newcomer is a very pleasant fellow and a very successful businessman. After lhe Planning Commission meeting they were told lhat Council would decide this question on a cenain dale. she marked it on her calendar, ready to come and they decided it two weeks previously. She found this out from lhe President of lhe Southern Hills Neighborhood Association. They had lheir meeting las& week and she found out again from a Southern Hills neighbor. Ms. Aanagan Slated she did not see lhe petition. she has not been massaged. since she spoke apinsl it at lhe las& meeting. She pointed out thal. as several neighbors have said IOllighl. it is only about zoning. She said she thinks Ms. Moore and Mr. Newcomer arc nice people. she thims they are successful people and she lhinks they will have continued sua:css whether Council VOies this up or down. She opined thal lhe success of the survival of residential neighborhoods in Englewood is lhe only issue. In lhe pasl. when Ibey have appeared before lhe Planning Commission. one of lhe Planning Commissioners said lhat she understood thal lhe only reason to change lhe zoning for a neighborhood is if lherc has been significant change to lhe neighborhood. She staled lhere has not been significant change to Ibis neighborhood. it has been a residential neighborhood for SO years. it has been a residential neighborhood on all sides for a long time. Her house is over 30 years old. they bought it from lhe original owner. It is a very solid. established neighborhood. it is not a transient neighborhood by any means. she said. She commented thal she wished she had lhe resources to get some opinions and hire some consultants, but she doesn't. she owns a home. thal is her contribution to society, that is her gift to lhe future . To have a home take care of it. give it to her kids when she is gone. Make lhem responsible citizens. Someone has said this evening lhat this PUD will prevent something worse from going on Ibis corner. She Slated it will also prevent something better from going on this comer. In lhe pall when onl)' the small one acre parcel was on lhe table. it was oh. we have to (JUI in utilities. we have to put in sewage and we have to put in waler and it is going to be so expensive lhal no homeowner will be able to afford it. She said if you look nonh. if you look south. on Universily it is miles and miles of very nice homes and if you look just a liltle fw1her soulh lo lhe Buell Mansion propeny you will see lhat there is not a business there. The next business is al Orchard Road. a long way away. Also. she said. she knows thal traffic is not suppose to be a considcnllion, because it is strictly a maner of black and white. residential. for profit business. But her neighbor. her across lhe street neighbor. totaled her car al lhe comer of Columbia Place about a week and a half ago and she can't see how adding another entrance close to Columbia Place will be an asset to lhe neighborhood. . -• • . •· • C f • • • Englewood Cily Council November 2, 1998 Pa,te 15 • 0 I • • Slavens School is 1wo blocks east in Denver. there is St Anne's School lluee blocks north. lherc is an elementary school a lillle bit west. just south of Danmouth. an Englewood elementary school. She stated these are things Council really needs to consider. will this improve your City? Shirley Forbes. 2360 Easl Floyd Avenue:. said she has been a native of Colorado all my life and she has seen a lot of things change in this State. She grew up coming down to this area because she had relatives in this area since she can remember. Ms. Forbes stated that her first experience at buying a house happened to be in Englewood at 2360 Easl Floyd and it is residential. She said she loves it and she doesn't want to change the neighborhood and she doesn't think by doing this it will improve the neighborhood . Ms. Forbes opined thal by having it zoned and keeping it as is is the way they need to keep it. Benjamin Colkitt said he lives at 23SO Easl Danmouth which is the southeast comer of Danmouth and University. He said he also offices in Englewood. so he hopefully will not be disenfranchised because of his Denver residence. Mr. Colkiu advised he is an attorney. he is in the job of persuasion. He has watched this process and he thought Council had seen a very good example of paid professionals. spin doctoring a proposition. He opined there is substantial error on some of lhe fairness thal they have tried to penuade Council on what has taken place in this process. Number one. he said. with regard to notice. they never received notice of the earlier mec:1ings. After Ibey learned about and auended a public planning meeting, he was visiled by one of the lawyers for this silualion. bul prior 10 1.1131 they had received no written notice, nor did he think did many of his neighbors in Soulliem Hills. So. he said. he is not sure of the adequateness of the involvement of the public in the process . Secondly. wilh regard 10 the neighbors that they have presellled as having brought imo the fold so lo speak. wil11 regard 10 abandoning their opposition. He said he would submit that a lot of that is a product of lhe fear 1.1131 1135 been engendered by the commercial posting of the vacant propeny and just having lo come back and fonh to the meetings. And. he said. he though! the fear is whether or not the City Council is going to put some life into the meaning of R-1 z.oning. He opined these people had expectations. they are worried aboul 1hose expectalions being frustr.ued. but they brought inlo a concept that Lllis is going to be a residential neighborhood and he thought they wanted thal concept protected. He said he knows he does. Mr. Colkin stated he is opposed to it and he would guess his opposition is grounded in something his daugl1ter said 10 him. She is IS and he told her aboul the proposal and her reaction. in IS year~<se. was I don't wan110 live next to a monuary. thal is not going to happen is it? He said he &bought that was a na1ural response and he thought that when you hear an expen come in and say well it is not going to reduce propeny values. people arc going lo love it. thal is an expert wilnCSS. they have been bought and paid for by the people thal paid their fee: and he though! they had to judge that opinion on the fact thal it is a commercial transaction. II is an expen wimess. Mr. Colkitt said that he hires expens all the time. as he was sure the City Allomey does. that if you shop long enough you can get somebody 10 say what you want them 10 say. He staled lie thinks that is what has been given 10 the Council on this issue. He said he thinks it is just a matter of common sense and he would ask thal Council apply their common sense in keeping their neighborhood R-1-A. Heidi Banelmay. Pastor John Banelmay's daugl11er. said she did nol wanl ii 10 end on that note. because she has seen how hard they have worked lo make this a very posi1ive 1lling for our community. She said she is very involved in church. in fact she practically lives 1lierc . The gen1leman who just spoke is an attorney who has a practice in I.lie gray mansion west of the churclt she said. He walks through the parking lot every day and she sees him all the time. Ms. Banelmay said her dad has personally spoken 10 him and invited him 10 the meetings. so as far as him not hearing about it. slie said she does not know how. Maybe he misunderstood. she allowed. but, she said. her dad has passed out o\·er SOO men. talking 10 the neighbors. explaining to them. trying lo ellplain that they think this is I.lie best thing. One of the other neighbors mentioned there isn '1 really anything more suitable and otliers have staled Mwhat"s next. a Texaco or 7-Eleven." She said Llierc will not be any cremation. wllich she would not want either, bul she feels a chapel is very spiritual and very sacred. If you look al all I.lie other proposals for things like retirement homes. we haven ·1 been supportive of L1131. she said. Tilis. she opined. is going to make the church look just gn::u . it is going 10 improve ii. and we might even have a Sunday school room. I teach the four 10 seven year olds. so that will be great, she commenlcd. Ms. Banehnay said she has met Mr. .. -• .. • • • 0 - • • ------------,-~·~------------------ Englewood City Council November 2, 1998 Page 16 • 0 • Newcomer. he has been at church many times to meet and talk and discuss. This has been a really long process and I don't think he is paying people to try to make his claim sound good. she assened. She and her dad have both prayed about iL she said. and she really feels that it is the right thing to happen. She said she did not plan on talking so she does not have a major defense or anything. but she just did not want it to end on that note. on the bad. because she feels it is very good and positive for the entire commwlity . Marilyn Chong, JOSO South University Boulevard. said she is a Denver resident and lives directly across the street from the proposed parking lot for Newcomer. She said she wanted to congratulate the young lady who preceded her because she brought up a very good point that the commercial interests are right next door in the big gray house. Also. she said. she has watched that propcny for ten years and wondered why no one bought iL She said she has also noticed that it has really gone to pot. Ms. Chong said she understands that the reason tha& no one has bought it is that it is not only an immense expense. but there are other difficulties in getting gas. sewer and water due to the configuration of the land itself. She said it is time we were rcalislic . Fifty years is fine. it is going to change. Why hasn "t anyone bought it in the 1351 ten years to put a house on it? It is inevitable that it will go commercial. she said. and she ccnainly would rather live across the street from a place like that than a 7-Eleven. She said she fought tooth and nail against the previous proposal of a nursing home. and she docs not want a Safeway there. lllc only disadvantage to the propcny·s being developed now is that it would take away the neighbor's apple orchard. and that is very insignificant. she said. Franz Hummel 3070 South Vine Street.. Slated thaL when he purchased the property in 1969, after he opened a business in Cinderella City. it was pan of Englewood. Tivough no fault of his own. Mr. Hummel said he ended up in Denver. He said he wanted to state that history. because the petitioner earlier thought it was necessary that Denver interests were not to be heard here because it was an Englewood matter. When we built our house. he said. as a young family with four children. it was the most ideal neighborhood. and it slill is. He said he noticed in the last few years. the R-1 zoning has experienced son of a renaissance, and we have new families moving in. He said he looks to tbe future . He said there were a lot of older speakers here and he felt sony that there were no young people here because the future does belong to the younger people. With the illlcgrity of zoning we must keep them in 1nind. he said. lllc older folks arc moving ouL their interests arc not the same. and the integrity of the family ho1ne must be prcscn•ed. He urged Council to vote no on this commercial proposal . and preserve thc neighborhood. He recognized that Council has a gn:a1 responsibility and he said he knows they will weigh this hc:avily . Thomas Lee said he has lived at 3020 South University for more than JS years and he owns tbal property. He said he is sworn. and he has never received a notice to come to any hearing about this property. He said he is a Denver resident We talked about compatibility. he said. and thn:c sides of this property arc residential. and it is simply zoning. It is simply trying to take an R-1 piece or property and making ii a commercial propcny. lllcrc will be road cuts. We think who could ever develop that property. who thought anyone would ever come in at Yale and University and make Cherry Hills Ill one of the lovelicsl properties in the city. a ga&ed commwlity. So there is an opponwuty for that propcny. It will add traffic . lllcre are rosaries. and I don't think anyone would say they wouldn't bury a Ca&holic . and a lot ofumcs their rosaries arc at 7 :30 at night. And no one said that . once thcy get their nose under the tcnL thal thcy won 't expind. So these arc the early projections. but look how our area has gro,.TI , he said. We lft very much against iL he said. lllcrc arc two schools in fairly close proximil} and we just feel \'Cf)' SUOllgly that this is not the appropriate activil}· there. People buy their propcrlics because of the way they arc zODCld and the price is adjusted because of the way they arc wncd. he said. We KCqM that . If I Wlllled to do - commercial activity on my street. ii wouldn ·t happen. We WIIII the illlCgrily of our propcnics ffllincainod we arc good neighbors of Englewood. and we trust that you will vote apinsl this activity, he said. Jim Skrivan. 3025 South Downing Street. ad\•iscd that he is Chairman of the Board of the Hampden Hills Baptist Church. which was there prior to God's Miracle Church. He slill attends the God's Minclc Church. He said he is very much in favor of this. He said he has lived in Englewood since 1962 and enjoys the church there . Mr. Skrivan saw the Hampden Hills Baptist Church go down. and in the end there • •· • 0 f • Englewood Cily Council November 2, 1998 Page 17 • • t• • was only fifteen members . He said he and his wife would like 10 see lhis proposal go through if lhere is any way possible . • George Moshinsky, 2111 Easl Danmoulh Avenue. said his residena: is in Denver because there are only lhree houses on Danmoulh Avenue lhal belong to Denver. and the rest is all Englewood. He said he walks to wort cvery day and there are no sidewalks. He said he was hit by a car on Darunoulh and University just two weeks ago while crossing University . The light there is too shon and people tum and lhey look at the lighl instead of the pcdcslrian. We used to have a young commwlity. he said. when I moved inlo my house 34 years ago. We have Slavens School. which was full of children. and then it was closed for several years. because our commwlity clocsn 't have children anymore . We have more older people, he said, adding thal he suppons the monuary. Peter D. Pappas. 280S Soulh York S1reet. advised thal he lives in Denver. We have heard a lot of diO'erenl lhings aboul this property tonight. he said, regarding what may or may nol be there . We have heard some honor stories aboul a Safeway or a 7 -Eleven. and we all Wlderslancl lhat there probably will never be a Safeway or a 7-Eleven or a liquor store. or anything like lhat . on this propeny . You all have the power to decide that. he said. We are looking at a fairly benign use here as a monuary . The biggesi lhing to look at. he opined. is vision for this property. Many people have said we may have somelhing worse there laler. but why don ·1 we look al whal could be there bc:lter. he asked . SO years ago. or however long lhis neighborhood has been there. lhis area was planned for residential . In the newspaper this morning there was an article regarding a 19SO's neighborhood in touch wilh history. which is the Arapahoe Acres Subdivision. which is just on down the SIJ'CCI on Dartmouth. A builder. or uchitect. had a vision aboul SO years ago to build a little conununity there. They did that. ii is an inleresting community, and is in the City of Englewood. he said. It has had i1s ups and clowns. as IIIOll neighborhoods do. Whal you are seeing today is Iha! Denver and Englewood are Wldergoing a renaissance . The renaissance, as Mr. Hummel jusl mentioned, is happening on down Danmoulh . You drive down Danmoulh towards Broadway and you will see several vacant lots. Aclually there were probably 1wia: as many two or lhree years ago. he allowed. Mr. Pappas explained !hose vacanl lots are now being built wilh single family residences. which are in- filling our neigbborboods. Why? Because people want to move back inlo the city. he said. They don't wan1 to live in Highlands Ranch anymore. !hey don't wan1 to live in Aurora. !hey want to live in the city . lbis lypC of ncigllborhood is whal makes the city grow. which brings children back to the city when older people move ou1. In Den-. Sia-School has just re~ it was closed for many. many years. and ii re,q,ened because children are comi• back to these neighborhoods. he said. We now have an opportunity wilh lhis property. not to pul a mornaiy in. bul look to the future . This property is in the cemcr, if you look 11 your map. it is in the nonheall corner there. surrounded by Denver neighborhoods. also that big )'dlow square. which is residential ncigbborboods in the City of Englewood . This propeny now, if it were sold as one: whole piece. could suppon as DWI)' as five or 1en single family residcnc:es. which would be hiply desirable and would probably sell immedialely. The argumenlS lhat lhis property couldn't be developed in the past because of sewer. waler. gas. .. ilities. thole lypCS of argumenu are going by the wayside bec:aUlc people are now moving back to the city. You've got a chance to keep this property as ii was 1.0lled and a developer may come in and build some houses there and you would have the opponwlity to make this bc:lter and increase the desinbility for the people who live in it now and the people who live in it in the fu1ure . Carol Mirabito. 2776 South St. Paul Slreet. Denver. Sllled lhat the decision before: Council is a tough one: because the presentations from bolh Iida are very aooct. She allowed lhal she can see pn11 and C0111 to each oflhem. As a resident oCDcnver. she said. I don't elecl you and I don't pay taxes in Eqlewood. bul I would like to point OUI a few lhiap 11111 c:oac:cm people on bolh sides oCthe llra:t. She uked Council to keep IOIIIC of lhae thinp in miad dtlrilll the decision making procea. It is a residential -in bolh cilia. and IIWIY of III have pwdtucd homes in this -spec:ifteally because it is a hamlet away from the IIUlllc and bulde oC the commercial aras. We have hid a number oC impactl thal aft'cct both Iida oC Uaiwnity, such as the ,-,enina oC the ldlaol. Slavcas. which has inaased IJlfflc along Dlnmouth. Uaiwnily Hilll Mall aCJIICIICld ca Colando aa.lcvanL Wllidl UI pllllal vaff'IC OIi bolh lidll. Tise-........ • • 0 • Enilewood City Council November 2, 19911 Page 18 • 0 I • • at least two hundred, new homes going in south on University . across from the Counuy Club and al Hampden and University, she said. speaking specifically on traffic impact. The revitali7.3tion of the Cinderella City area will be pulling more traffic. because there will be entenainment and things there. University is already overloaded, she opined. With the most traffic for funerals probably being between 10:00 a.m. and 4 :00 p.m .. Mirabito asked Council to keep these things in mind when making their decision. This is a residential area, she said. and there is nothing commercial down University for miles until you get to Orchard. and then the last use of residential is a block north of Yale . Personally, she said. she would like to see it stay residential and feels there are a lot of opponunities for a nice residential development to go into that property in the future . There is already a nice development on the cast side or University at Dartmouth, with the condos that have been put in there. as well as Chcny Hills Ill. There were no funhcr questions and there was no one else present to speak to the issue . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE 111E PUBLIC HEARING TO GATHER cmZEN INPUT ON mE PROPOSED NEWCOMER MORTUARY PLANNED UNIT DEVELOPMENT. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing closed. Mayor Burns advised that this item would be voted on in two weeks at the next Council meeting . He thanked everyone for their interest and said they should feel free to come back in two weeks when the proposal is voted on. (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (Sec Agenda Item 11 • Regular Agenda.) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii) ud (iii) ON SECOND READING AND CONSENT AGENDA ITEMS 10 (e) (i). (ii), (iii). (iv), (v) ud (vi). (b) Approval of Onlinanccs on Second Reading (i) ORDINANCE NO . 76. SERIES OF 1998 (COUNCIL BILL NO . 61 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVlNG AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD . COLORADO AND THE STATE OF COLORADO. DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS . (ii) ORDINANCE NO . 77. SERIES OF 1991 (COUNCIL Bn.L NO. 69, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU11iORIZING AN AGREEMENT WITH THE AMERICAN COMMONWEAL 11{ MANAGEMENT SERVlCES. INC. (ACMS) AND THE CITY OF ENGLEW<X>D . .. .... • "' - ... •· • 0 · . . _tr(iL ' - • • • • Enctewood Cily Council November 2, 1998 Page 19 (iii) ORDINANCE NO. 78 . SERIES Of 1998 (COUNCIL BILL NO . 71, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AN INlcRGOVERNMENTAL AGREEMENT PERTAINING TO A LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT FROM 11IE COLORADO STATE LIBRARY AND DEPAR1MENT Of EDUCATION . (C) Resolutions and Molioos (i) RESOLUTION NO. 96, SERIES OF 1998 A RESOLUTION AMENDING 11IE CITY Of ENGLEWOOD'S ICMA-RC 4S7 DEFERRED COMPENSATION PLAN . (ii) RESOLUTION NO. 97, SERIES Of 1998 A RESOLUTION AMENDING 11IE CITY OF ENGLEWOOD'S ICMA 40 I MONEY PURCHASE RETIREMENT PLAN FOR CITY OF ENGLEWOOD M.S.C. EMPLOYEES . (iii) RESOLUTION NO . 98. SERIES OF 1998 A RESOLUTION AMENDING 11IE CITY OF ENGLEWOOD'S ICMA 401 MONEY PURCHASE RETIREMENT PLAN FOR CITY OF ENGLEWOOD MANAGEMENT STAFF. (iv) RESOLUTION NO . 99. SERIES OF 1998 A RESOLUTION AUTHORIZING 11IE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT 111E ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 9. 1998 TIIROUGH DECEMBER 18, 1998. (v) CONTRACT WITH XEROX. INC. IN 11IE AMOUNT Of $41,619.00 FOR 111E LEASE/PURCHASE OF A WIDE FORMAT COPIER FOR 11IE PRINT SHOP . (vi) CONTRACT WITH PERKIN ELMER IN 11IE AMOUNT OF $164,972 .9S FOR 11IE PURCHASE OF AN INDUCTIVELY COUPLED PLASMA MASS SPECTROME'IBR (ICP/MS) METALS ANALYSIS SYSTEM. Motion carried. Ayes: Council Mc:mbc:rs Nabholz. Gama. Bradshaw, Habenicbl, Waggoner, Clapp. Bums Nays : None 11 . Replar Apda (a) Approval of Ordinances on First Reading (i) Director Gryglcwicz prcscmcd a R1C:Ommcndalion from die Deplnmcnt of Financial Services IO adopl a biU for an ordinance aalhorizing die CXCCUlion and deli~ of cenific-. of parlicipllion in die principal unoun1 of S21.SJO.OOO for die purpo&e or ftanding iede\11l1J111PCN cffons • die former Cinderella Cicy site. Mr. Gryglcwicz lilalcd lhal this ordinance appow:s a lcae pun:baK fillaacilla in die amount nol lO cxcccd $22.000,000 for die reclcvclopmcn1 or the Civic Cealer 111d die IUl'l'CIUlldlq Cindadla Cicy site. • .. •· 0 , 2X - - • • Englewood City Council November 2, 1998 Page 20 • 0 • The City Clerk was asked to read the aiuncil bill by title : COUNCIL BILL NO . 72 . INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD . COLORADO, AlITHORIZING AND APPROVING A LEASE-PURCHASE FINANCING BY THE CITY FOR THE PURPOSE OF DEFRA YING THE COSTS OF CONSTRUCTING. RENOVA TING. AND IMPROVING A CIVIC CENTER. ANCILLARY PARKING, AND VARIOUS PUBLIC IMPROVEMENTS Wm-llN THE CINDERELLA CITY REDEVELOPMENT; AUTHORIZING AND APPROVING A LEASE PURCHASE AGREEMENT, AN OFFICIAL STATEMENT. AN AGREEMENT TO CONSTRUCT IMPROVEMENTS AND TO ACQUIRE AND INST ALL EQUIPMENT, AND NECESSARY ACTIONS CONCERNING THE EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $22 ,000,000; AND PROVIDING OTHER DETAILS AND APPROVING OTHER DOCUMENTS IN CONNECTION WITH THE LEASE-PURCHASE FINANCING. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 72 ON FIRST READING. Mayor Bums said he feels we should make some n:cord of the basic nature of a Cenificate of Participation, and that this really involves the Foley's Building. the City Hall and inunediately adjacent public areas. Mr. Gryglewicz advised that this will finance improvements to the Civic Center, which is now the Foley 's Building. common areas around tllll. the hard and soft pla7Jl. parking and public improvements on the site. It is really two pica:s. he said. It is the Civic Center. which is the project. and the redevelopment.. which arc the rest of the improvements on the site . Council Member Bllldshaw aaed aboul liability and what will be used as a>llatcral. Mr. Gryglewicz responded that the trusleC will bold the building and. in the C\'Cllt of default. that building a>uld be taken and sold. Council Member Ganctt asked if this is a p:ncral obligation of the City Mr. Gryglewicz said it is not an obligation of the City. it is subject to annual appropnation and is in the naiurc of a lease purchase. Council Member Bradshaw asked when it ... 'Ould be paid off. This is a twenty-five year issue. Din:c1or Gryglewicz said. Mayor Bums staled that there are several ocher documents. sonic of which arc anachcd and IOIIIC arc not. to this ordinance and the rca>rd shows that some of them. the official SlalCIIIClll. ccniflCatc of purchase and the financial gtWanlee agrecmcN. will be available on the second reading of this ordinance . He asked if thal is a>rrcct . Mr. Gryglewicz responded that thal is true. Some of the infonnation is not yet available. the certificates have not actually been marketed. and as soon as they arc. they will be aimplctcd. they will be available for Council 's view prior to second reading. he said . Mayor Bums asked how many service providers we have involved in this kind of an issue. because we have unde~'Titcrs. insurance and bond a>unscl. Mr. Gryglewicz said there i s also a trustee that will basically guard the rights of the certificate holders. make payments. and so fonh. Council Member Bradshaw asked ifwc arc anticipating a very favorable int-ra&e . Mr. Gryglcwicz said yes, probably under five. Mayor Bums said this is highly favorable to the City of Englewood. Mr. G,yglcwicz agreed. .. ... • ...... "' - •. .. •· • 0 • • [nilewood City Council No,•ember 2, 1998 Paie 21 • 0 I • • Ayes: Council Members Nabholz. Gam:tl Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays: None Motion carried. (ii) Senior Planner Stitt presented a recommendation from the Depanrnent of Neighborhood and Business Development to adopt a bill for an ordinance approving the Planned Unit Development for the redevelopment at the former Cinderella City site. and to set a public hearing on November 23 . 1998. Mr. Stitt said. on the lighter side of PUD's. we have a proposal to set a Public Hearing for the Cinderella City Planned Unit Development Public Hearing for November 23'•. This is the much anticipated and awaited Public Hearing for Council to consider testimony regarding this Planned Unit Development for the development of Cinderella City as a Transit Oriented Development. We are here to request approval on first reading of the ordinance. he said. The City Clerk was asked to read the council bill by title : COUNCIL BILL NO. 75 . INl"RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT DISTRICT PLAN IN RJRTHERANCE OF THE REDEVELOPMENT OF CINDERELLA CITY IN THE AREA BOUNDED BY WEST HAMPDEN A VENUE (U .S . 285) ON THE SOUTH. SOUTH ELATI STREET ON THE EAST. WEST FLOYD A VENUE ON THE NORTH. AND SOUTH SANT A FE DRIVE (U.S . 85) ON THE WEST. CURRENTLY ZONED B-1. BUSINESS DISTRICT TO A PLANNED UNIT DEVELOPMENT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 75 ON nRST READING. Mayor Bums asked Mr. Stitt to comment for the public record. on the process we have been through so far with the Planning Commission. We have some extensive materials with regard to design 5landards and guidelines. he said. Mr. Stitt Slated that this has been a very extensive public process . It began several years ago with a public neighborhood meeting. which is required b y the Planned Umt Development ordinance. It progressed through several design studies and negotiations with the various principals in this dcvclopmcnt proposal . The most rca:nt activity on this proposed Planned Unit Development began with the Public !bring before the Planning Commission in early September. and that was continued for three scparlllC meetings. The first was to consider the initial Planned De\·elopment District Plan. a sc:amd Public Hearing continuance to consider residential information from Forrest City. and a final installmcnl of the Public !bring last Tuesday. This was to conclude the Public Hearing on the District Plan which, as Mayor Bums indicated. lays out the framework for dcvelopmenl and the uses pcnnitted in the reslrictions and regulalions governing those uses. as well as design guidelines and standards. which control the style and type of development within the Cinderella City PUD itself. So it has been quite c.~cnsive, be said. Public process has occurnd in a variety of ways over the last several years. through the Planning and Zoning Commission. through neighborhood meetings and through input sessions with the community by various organizations. Of all the public panicipatory processes that I have been involved in. Mr. Stitt asserted. this has been Ilic most inclusive of any in the last ten years. Council Member Waggoner Slated that then: arc some suect light standards that are covered in the project. He asked if those are some that arc furnished and matlllained by the Public Service Company. Mr. Stitt responded that he believes those ,-ill be mainlaincd by Public Service. If they arc not. there will be a common area maintenance agrccme,. and that may be an item covered under that agreement. he said. Mr. Waggoner asked if these are noc jusa dccorati,'C lights. they arc Slrcctlights that arc high enough to provide illwnination necessary . Mr. Stitt responded that that is correct. they arc street lights. . -• ,. - •· • 0 ' - • • • Engle11·ood City Council November 2, 1998 Page 22 • 0 • Council Member Bradshaw said she has a question relative to Allachment -' regarding the trees and the landscaping. She said the only reason she is concerned is because she just took down a crabapple tree. because she was tired of maintenance with that . She said she noticed crab trees and locust trees here, and she Wldcrstands that trees have leaves. but she was concerned that these types of trees have extra things that we don't need to deal with. She expressed concern that we may be spending an awful lot of money by making the wrong choices on trees. She asked how we chose the species of trees. Mr . Stitt replied that they were chosen by the architect who set forth the design Slandards. We can get more information on this, he said. opining that they were probably sterile, non-fruit bearing crabapples trees. Council Member Bradshaw advised that they have had experience with them at tlie Greenwood Athletic Club and it has not been pretty. She said she is also concerned about Linden and Hawthorn. just because of the litter involved. She said she wondered why we didn't have more evergreens. Mr. Still said that was a decision that was made by the architect, and we will get more information for the Public Hearing on the choices of specific species and an explanation on how those were selected and why tl1ey fit into this development Ms. Bradshaw acknowledged that it might be too early to question thaL but she wanted to make them aware of that issue. Regarding tl1e street level materials, Ms. Bradshaw said it suggests the fifteen foot high base of stone, brick or concrete. She said stone and brick is probably okay. but she would be concerned about concrete. They have that at Alameda and Broadway. Council Member Nabholz tl1anked cvcryoiie who l~1s been involved with this for tl1eir hard work . She said to also be ever 1nindful of tl1c street developments that will be taking place. such as South Inca. and that we need 10 continue to maintain a very good reL1uonship \\ith those neighbors and keep them infonned so we arc all on the very same page as to what will be dc\-clopcd . From Hampden to Inca to Floyd. these streets and tlie accesses are very important and Ilic impact tlicy will ha,·e. she said. Vote results: Ayes: Nays: Motion camed. Council Memben Nabhol7~ Garrell Bradshaw. Habenicht. Waggoner. Clapp. Bums None COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON COUNCIL BILL NO. 75 FOR NOVEMBER 23, 1998 AT 6:00 P.M. Council Member Habeniclu ques1ioned having tlie hearing at 6 :00 p .m . witl1 Ilic community being so used to having these hearings al 7:00 p .m . l11is 1s such a critical, crucial dc\'elopmcnt. I would not like to have it challenged. she said. for some minor kind of thing like :m hour. Council Member Bradshaw pointed out that it is going to be posted. Mayor Bums agreed. adding tliere arc a lot of people here tonight who said they did not get a notice at all of a meeting. of course some were Denver residents. He noted it will be posted for 6 :00 p .m . and the newspaper will publicize it He asked if tlierc would be an Englewood Citizen coming out soon. City Manager Sean responded that we are in tl1e final stages and it is supposed to go out Wednesday. We can pu1 a notice in. he said. although lie was not sure when it would be sent out. He said he would infonn Communications Specialist Hoffi1ines. Council Member Bradshaw said she understands Ms. Habenicht's concern. but she guessed it would be up 10 Council. She said slie favors 6 :00 p.m .• as long as it is posted and put in tlie Citi1.en. that sl1ould be plenty of notice . Ms. Habenicht said her concern is that tl1is has been so controversial for so long. although sl1e docs nOI feel it is controvenial anytnore. tlw she tl1inks it is going to be very positi\'e, 111.11 she would l~11e 10 sec someone who was opposed make an issue of it. She said sl1e docs not want 10 have any doubts that we arc keeping this open and public. Council Member Garrett pointed out tliat tl1is is a special meeting. not a r.:gular n1CCting night . Ms. Habenicht agreed that 6 :00 p .m . would be okay. tlien. Vote result,: . ..... • • • • • 0 - • • • 0 • Englewood City Council November 2, 1998 Page 23 Ayes : Council Members Nabholz. Garrell. Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays: None Motion carried. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 65. approving an agreement with the Regional Transportation District. the Burlington Nonhem and Santa Fe Railway Company. and the Union Pacific Railroad Company providing for the use and maintenance of Danmouth Avenue was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 65 ON SECOND READING. ORDINANCE NO. 79, SERIES OF 1998 (COUNCIL BILL NO. 65. INTRODUCED BY COUNCIL MEMBER HABENICH1) AN ORDINANCE AN ORDINANCE AI.J1li0RIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DARTMOI.J1li AGREEMENT" PERTAINING TO THE DARTMOI.J1li A VENUE BRIDGE BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD). THE BURLINGTON NORTHERN AND SANT A FE RAILWAY COMPANY (BNSF). THE UNION PACIFIC RAILROAD COMPANY (UP) AND THE CITY OF ENGLEWOOD. COLORADO. Vote results: Ayes : Council Members Nabholz. Garrell. Bradshaw . Habenicht. Waggoner. Clapp. Burns Nays : None Motion carried. (c) Resolutions and Motions (i) Director Simpson presented a n:c:omrnendalion from the Dcpanmcnl of Neighborhood and Business Development to adopt a resolution supporting the Master Dcvclopmcnt AgRICIIICllt with Miller/Wcingancn Development for the former Cinderella City propcny. Director Simpson said. keeping this brief. that Council has had many discussions on these agreements. both lhc Wal- Man and Miller/Weingancn development agreements . The Miller/Wcingancn agreement that Council has before them generally discusses major responsibilities of both panics as ii relates 10 Cinderella City rcdcYcloprnent. It has details regarding the lease and go dark provisions. for example. Staff is recommending that Council approve the resolution that authorizes lhc Englewood EnviroMIClltal Foundation to enter into a long-term lease of the identified propcny with Miller/Weingarten Development. Responding 10 Council Member Bradshaw, Mr. Simpson rccognizcd that there was a clarification point that. apparently. the gniphic docs display. in lhc Option II an:a ... it is somewhat confusing, he Slid. Council Member Garrett said that Phase II was DOI included in this resolution. Mr. Simpson ooncwred that the Phase II graphic was DOI to be included with this portion. but simply that the options Wider lhc property definition sections would be the same. Council Member Habenicht asked Mr. Simpson 10 state that more clearly. Mr. Simpson aid. under propcny definition. lhc blue attachment. which is Phase II, is DOI to be included under property definition, it is only reflective of what Phase II becomes under Phase II Option. It is mostly rcOcctivc within lhc agreement points that would identify the option property as that area between E1ati and Chcrobc with lhc specified conditions. Clarifying further. Ms. Habenicht said that . for lhc purposes of this raollllioa, Ibis piece of paper that we have now. now has that Phase II. although it docs appear to be blue. it is no longer • .... • I· • 0 , 2 I - • • • Englewood City Council November 2, 1998 Pa~24 • 0 • blue . Mr. Simpson said that is correct. And that. Cow1cil Member Bradshaw said. was a concern ... right ? Council Member Habenicht stated that was one concern. Mayor Bums asked if it is mainly on the map. Mr. Simpson said yes. it 's the map . Mayor Bums said but the definitions an: correct, right? Mr. Simpson said the deal definitions. the agreement points, an: accurate. Council Member Habenicht said there was another point. lbere is reference number ten on number two, referring to a date with the Museum of Outdoor Ans. November 2nd. and there an: some changes made there . She said she would like to see that reOccted that the dale be changed to November 13,.,, if that is agn:,cable to everyone . Mayor Bums said yes, we an: planning to give them more time, till the 13", to respond. Ms. Habenicht asked if that should be fonnally Slated in a motion . City Attorney Brotzman said he takes it that it is a friendly amendment. to which there is no objection. Council Member Bradshaw said it is not on the floor yet. so wc can do everything that wc need to . The resolution was assigned a number and read by lit le : RESOLUTION NO . 100, SERIES OF 1998 A RESOLUTION SUPPORTING TIIE MASTER DEVELOPMENT AGREEMENT PROPOSED BY TIIE ENGLEWOOD ENVIRONMENTAL FOUNDATION AND MILLER/WEINGARTEN FOR TIIE REDEVELOPMENT OF TIIE CINDERELLA CITY SITE. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 100, SERIES OF 1998 WITH THE STIPULATION THAT THE DEAL SHEET INCLUDE THE CORRECTION OF THE DATES, OF THE COLOR or THE PHASE II, AS WE DISCUSSED, ALSO THAT THE DATE IN ITEM NUMBER 10 UNDER MASTER DEVELOPER OBLIGATIONS BE CHANGED FROM NOVEMBER 2, 1991 TO NOVEMBER IJ, 1998. Ayes : Nays : Motion carried. Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp, Bums None (ii) Director Simpson presented a recommendalion from the Department or Neighborhood and Business Development 10 adopt a resolution supponing the Sale of Property to Wal- Man as pan or the redevelopment of the fonncrCinderclla City property . Mr. Simpson said. in a similar capacity , this is a very imponant clement to the full redevelopment or this project. Staff recommends approval or the resolution. he advised. Iha& approves I he agreement authorizing the Englewood Environmental Foundation to sell the identified propeny to Wal-Man . Mayor Bums noted that the transaction is between the Englewood Envirorunental FOWldation and Wal- Man. not between the City and Wal-Man . Mr. Simpson said that is correct . lbe resolution was assigned a number and read by title : RESOLUTION NO . IOI , SERIES OF 1998 A RESOLUTION SUPPORTING TIIE SALE OF PROPERTY TO WAL-MART FROM TIIE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR IBE CINDERELLA CITY REDEVELOPMENT. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. JOI, SERIES or 1991 W1111 A CHANGE IN ..... • "' - ., I· • 0 ' xi • • • ,- En&lewood City CINlncil November 2, 1998 Page 25 • • • SECTION I WHICH SHOULD STATE "UNDER THE GENERAL TERMS AND CONDITIONS OUTLINED IN THE AGREEMENT ATTACHED HERETO AS EXHIBIT A." Ayes : CINlncil Members Nabholz. Ganelt, Bradshaw. Habenicht. Waggoner. Clapp. Bwns Nays : None Motion carried. 12 . Gellfflll DilCUaion (a) Mayor's Choice: (i) Mayor Bwns reminded everyone that the: Holiday Parade: is Salurday . He: • thanked all the: people: who have: been working on it this year. He: thanked, c:spc:cially , Leigh Ann Hoffhines from the: City Manager's office:. many people from the: City and Council Member Habenicht for taking a lc:adc:rship role:. He: encouraged all the COW1Cil Members to be there for the: parade:, as it is always a good time: and we: arc very happy to be having a parade again tl1is year. (ii) Mayor Bwns said he: previously commented on an aniclc: in the: newspaper about Arapahoe: Acres. thc:rc was a nice: aniclc: in the: Denver Post today . (iii) Mayor Bums noted in the: minutes of the last Library Board mc:c:ting thal we: had voted as COWICil to go ahead will, the: negotiations on a software package: to scrcc:n the computers that the adults use:. Frankly . the: minutes didn't enlighten him panicularly. he: said, but added that he: has been in favor for some: time:. if we: could get a good software package. ever since: the: mc:c:ting in Washinglon a year or more ago. of going ahead with that. He: said he: was in favor of going ahead with those negOliations. even though he: said at the time: that he: would like 10 sec: the: minutes. (iv) Mayor Bums advised that we: arc allempling to line up a mec:ting in Wasbinglao D.C. in the next couple of weeks. because he: hid planned to go to New Yen for Thanksgiving. to meet with thc: Am-.. Adminisuaaor ol FT A and HWA with rcpnl 10 the: applicalion for thc: paal for thc: CNWcnn• al thc: Cinderella City light lllil •op. We: may ~ to go on Tuesday ialher Iba Wedlladay in Older 10 ~ the: mec:liag. be: said. Couaci1 Member Garrell med if tb8I would be: the week of Thanksgiving. Mayor Bums responded aff"annalivdy . Council Member Bradshaw noted that it would be: the: day after the: Public Hearing. Mayor Bums said we: miglll be able to get the: two women who were hen: in those positions who toured thc: Ii ... mil projecl IOgethc:r a few months ago. and so we: arc trying to mcc:t with thc:m together in Wasbington. as well. (v) Mayor Bums advised that he: is entertaining going 10 the: National League ol Cities Confc:rcncc: for just the: mcc:ting portions. not the: pre-mcc:cinp or special workshops tbll CIOll extra money. for just ThW'lday and Friday and half of Saturday . He said he: would bring thal up next lime, adding thal he: ~I uses several things that he: learned at that conference: last year. and it really is quite hc:lpful . He said his time: is more limited . The: rcgillrllion would be: las than half of Council Member Nabholz' and the: other c:xpc:nses arc considerably las. too. he: said. Mayor Bums said he: went 10 .me ol the: other pre-conference: ICSlions last year. too , and found thc:m very hc:lpful. principally because Karen Sussman was a speaker al the: conference:. They do cost from S7S .OO to SIS0.00 each. dc:pc:nding on whether you go a half day or full day . They do add c:xpc:nsc. but thc:y arc cxcc:llc:nt. he: said, ro he: is hippy thal Ms. Nabholz is going to those . (b) Council Mc:mbc:r's Choice • • 0 , - • • • • • • Englewood City Council November 2, 1998 Page 26 (i) Council Member Nabholz: ,~ I. She thanked Council, Gary Sears. Sue Bradshaw, Jerrell Black. Leigh Ann Hoffhines. and Cindy Walkins. She said she had surgery on Tuesday. everything has gone well. and she apprccialc:s all lhe suppon and thoughts and prayers. 2. She said hats off 10 Council Member Habcnichl for all the hard work on lhe parade. She said she was looking forward lo lhal and she also n:cognized Dira:tor Olson's hard work. 3. She reminded everyone lhal there is a neighborhood meeting on Wednesday, November 4lh al Bishop Elementary al 7 :00 p.m . 4. She said one or the lhings lhal got her ancntion is lhe way 1he flyer wcn1 oul. she has had live phone calls on a 1cam approach 10 community building and one of lhe lllings she teamed in Philadelphia was how 10 get your community involved and be pro-active. People linnly believe we are pulling a community building on lhe Depot propcny. so cvidcnlly. she noted. she has not done well wilh lhal class. S. She advised lhal from being on both sides of the fence, as a cilizcn watching lhe process wilh Cinderella City, as well as lhe shon lime that she has been on Council. she'd like lo say hallelujah at the progress thal we have made as a City and as a group. (ii) Council Member Bradshaw: I. She said she has a leaching obligation al Arapihoc and cannot make the ..,.adc on Salllrday and she regrctS lhat as she enjoys the ..,.adc. She 5CIII kudos 10 lhe commincc. 2. She said she serves on lhe Soulh Subultlan Park Foundalion. and ii is pan& lime. We need a letter or suppon l'rom the Council. if possible. wilh all of our sipatuRS. II would be nice to have ii that way, or separate ones. depending on what lhcy wan110 do. We n:ceivcd $.44.000 00 in grant money last year l'rom lhc Great Outdoor Colorado Trust and State Trails. she said. 'This portion is for Lillie Dry Creek and how it goes tluough the project . Ms. Bradshaw said she lhinks ii is i...,nant. Council Mcmbc:r Habenicht asked how soon she would need die letter. Ms. Bradllllw said lbc believes it needs to be in by the 11•. City Manager Scars said wc could have ii prcpMld for next Monday night. Mayor Bums asked if ii is Big Dry Creek or Little Dry Creek. Ms. Bradshaw said it is big and litdc. but lhis is for Little Dry Creek. She noted ii says "in addilioll lhe City of Englewood has requested the State Trails Grant be submined for Linlc Dry Creek." COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, 111A T TIRY HA VE A LETrER OF SUPPORT PREPARED FOR ALL or COUNCIL'S SIGNATURES AT THEIR NEXT MEETING. Ayes: Nays: Motion earned. Council Members Nabholz. Gam:tl Bradshaw, Habcnicbt, Wagoner. Clapp. Bwns None J . Ms. Bradshaw said she has 10 echo that lhis prooess lhat wc have gone lhrougll this lime Im been a lot different lhan her last lcnurc. The meeting allcndancc wc had lhis evening -die IMClina lUcndancr we had every lime wc talked aboul rcdcvclopmcnl. and ii has been a nice process. She offcnld kudos to !hose who have been on Council for a long lime. commenting lhal they have done a hell of a job . . . . . . • ..... • ... •· • 0 , • Ea&lewood City Council No-ber 2, 1998 ··~27 • • • Mayor Bums wished Council Member Clapp good luck tomorrow in the election . ••••• (iii) Council Member Habcnidu : I . She said WC need a motion to indicate that. although wc had requested the MIISCWII of Outdoor • Ans to rapond to us by November '2"'4. they were unable to because of our ,euing the infonnalion to chem a lialc bit later dan wc had ..-icipaled. through no fault of their own. She understood they are having a special meeting of their board to c:ouidcr thal lcacr of iment COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A MOTION THAT WE RECEIVE A LETTER OF INTENT BY NOVEMBER 13, 19'1. Motion carried . Ayes : Council Members Nabholz. Gam:tL Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays : None 2. She invited everyone to come to the parade. it is really getting exciting and gets in your blood. She said she and Leigh Ann HofThincs were inviting everyone to join them after the parade to dance a jig. 13 . City Maaaaer'• Repor1 (a) City Manager Scan reminded Council lhat Sheridan will be having a Public Hearing, on November 18"'. and he will get the infOl'lllllion to them. on the PUD proposal on Union Avenue . We an: going to staff that and continue to monitor thal situation. he said. (b) City Manager Scan said.• Mayor Bums indicaled. wc have been womng cloldy with RTD. in panicular Director Simpson has been woding with Susan Altus and Jcny Nery and their staff to put tOFt)lcr the grant. Its now al $2 million that wc an: asking for. he advised. and this is the highest level of the pant that is actually being pracntcd. DRCOO is supporting us on the proposal. be added. Neighborbood and Busincsl Development Director Simpson Slalcd that wc an: submitting a propoaal for a federal pant to the Federal Highway Adminilb'alion. It is a joint application, wc an: taking the lead on that. asking for a $2 million gnint. he advised. We arc going in with that • an applicalion with DRCOO asking for money on the Metro Vision 20/20 Plan. asking for money for some assistance on a sllualc to be put into place along Colorado Boulc:vanl . The Southeast Metro Transponation Agency is looking for a smaU amount of money 10 do a transpOnalion plan for the southeast Denver Tech Center area. and, again, ours is really going forward 10 provide assistance directly for Cindcn:lla City . We have good solid political suppon from that group. be said. and we hope lo complete the grant. and have ii out the door. in the next couple of weeks. Mayor Bums said wc plan 10 have ii submillcd bcfon: we plan to travel to Washington . Mr. Si~ said ii has to be done by the I,., so it will aln:ady be in Washington before you uavcl then:. (C) City Manager Scan said be apprecialcs the support and the lrUll the staff bas 111d duria& this review procas. II bas been • difflcult proa:11. but be said be feels WC have workod c:lcaly . He said be can't recopizc each of the individual clcpartmcnt directors. but ii has 111D bccn many of the liDe people dial have rally IICpped forward to fill in the pp1 on the demolition and the planning iaa. He said be Im not 1CCn a tam wort ao lwd • this group bas . Each one can be supported for the efforts. not Clllly iD dlis project. but bcping the City going in ao many diffen:n1 ways . He said he just wanted to say daaka to the directors for doing such a graa job. • • • , - Ea&lewood City CCN1ncil November 2, 1991 P•21 .. • • • Mayor Bums said be ~ like to echo 1h11. becaulc as we do our meetings. we set policy and we pass the big rellllutions, but the -.t lblt bas been done on a clay to day basis by this mff. our comultants and ~ bas really been pbc:nomcnal . It is rally quite an achicvcment to Fl to the point where we an: IOlli ... and it is really thrilling to ICC it. be commented . • • • • • Couacil Member Hlbenicbl said sbe wanted it to be oa the record 1h11 sbe lllid a special tbmk you and cxpRWd appn,cialioa to the Safety Services ComDMHMCllioRI Division. 'Ibey were OIi c:all and lady to rcspoad over the weekend when sbe hid I couple al conccms. sbe said . ••••• Council Member Bradshaw dined City Manager Sean and City Attorney Brotzman for ~ She also thanked Tom Munds for bis \'el')' honest and fair n:porting. She said she really appreciates that . • • • • • Council Member Nabholz wished Council Member Clapp good luck . 14 . City Atten1ey'1 Rcpol1 City Anomey Brotzman did not have any maacrs 10 bring before Council. IS . Adjolln-t BURNS MOVED TO ADJOURN . The meeting adjoumcd at 10:00 p.m. . ' • . .. • • 0 - • • • ,~ • COUNCIL COMMUNICATION Date Agenda Item Subject Reclassification of Safety Services Fire Division November 16, 1998 10 a i Administrative Positions Initialed By Staff Sources Chris Olson, Director of Safety Services Department of Safety Services Kieth Lockwood, Division Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1993 Council adopted a resolution authorizing an experimental program to appoint Safety Services Fire Division administrative positions outside of the classified services of the Career Service System. In 1995 Council adopted an ordinance declaring this a permanent method for filling the positions of Fire Marshal, Assistant Fire Marshal, Training Coordinator, Assistant Training Coordinator, and Emergency Medical Coordinator. RECOMMENDED ACTION Staff seeks Council support to amend the existing ordinance to include the Fire Division administrative positions of Technical Support Officer, and Safety Education Specialist. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Due to the downsizing within the Fire Division, some organizational restructuring occurred that required the re-assignment of personnel to positions previously held by permanent ranking positions. In an effort to keep the Command staff ranks at a minimum, yet provide upward mobility within the organization, maintain flexibility for the management of the organization, and provide financial reward commensurate with responsibilities, this appointment process is used as a viable alternative . Our need to create the position of Technical Support Officer requires that the position be identified in ordinance as an appointed position. Additionally, it is our desire to change the title of the individual responsible for safety education from Assistant Training Officer to Safety Education Specialist. FINANCIAL IMPACT Creating the position of Technical Support Officer resuns in the addition of (1) FTE in the Fire Division . This position was budgeted for in 1998 and approved . There are no financial impacts associated with the creation of the position of Safety Education Specialist. This will be a lateral transfer of personnel within the staff. UST OF ATIACHMENTS Copy of existing ordinance Proposed Bill for an Ordinance ,,._ .. • . • • - • ORDINANCE NO& SERIES OF 1995 • 0 - BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER HATHAWAY AJ.'l ORDINANCE ESTABUSHL'lG THE PER.'\IANENT APPOINTMENT OF SIX SAFETY SERVICES FIRE ADMINISTRATIVE POSITIONS OtJTSIDE THE CLASSIFIED SERVICE OF THE CAREER SERVICE SYSTEM. WHEREAS, with the passage of Resolution ~o. 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 service of the Career Service System; and WHEREAS, Safety Services wishes to implement this program permanently; and WHEREAS, six administrative support positions exist within the Fire Division which have been filled by personnel from the classified service of the Career Service System; and WHEREAS, appointment of certain personnel outside the Career Service System would allow flexibility in filling positions, and provide equity for positions commensurate with responsibility, without violating the Englewood Firefighters Association Contract; and WHEREAS, this Ordinance would allow a person fillinr a position to return to his/her previous assignment within the Career Service System should it become necessary, based on performance or department need, or by mutual consent of the employee and the director unless conduct requires termination from the City; and WHEREAS , in an effort to keep Safety Services Fire Administration command staff ranks at a minimum, yet provide upward mobility within the orpnization and maintain flexibility for the manarement of the organization, the appointment of these positions outside of the Career Service System is a viable alternative; and WHEREAS, the duties and responsibilities performed by all of the six (6) Fire Administrative Support positions remain vital to the Fire Division; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E~GLEWOOD . COLORADO, AS FOLLOWS : ~es;tioo 1. The Enrlewood City Council hereby approves the appointment of six (6) Department of Safety Services Fire Administrative positions outside the cluaified service of the Career Service system and such Procnm will be u follows : A. That there is hffeby established the appoint.Ii i,c,°1ition1 of one (l) Fire Marshal, two (2) Assistant Fire lil&nhal1 , one (1) Emerpnc:y Medical Coordinator, one (1 ) Traininr Coordi nator , and one Cl ) Assistant Traininr Coordinator, outside of the Clauified S.rvice of the Career S.rvice System. B. That the individual, appointed to the positian1 of Fire Marshal, Auiatant Fire Marshal, Emerpncy )ledical Coordinator, Traininr Coordinator and As sistant Traininc Officer 1hall retain their ri(hts to their prior Career Service po s itiona. ,- 10 bi ' . ~~-,, • l • • •· • 0 - • • • - I., C. That the individuals appointed to the positions of Fire Marshal, Assistant Fire Marshal, Emergency Medical Coordinator, Training Coordinator and Assistant Traininc Officer shall retain those Career Service richts for all purposes in connection with retirement, pension, medical benefits, sick and injmy leave, vacation leave, tarmination pay, benefits to spouses and dependent children upon death. and any other such compensation and leave benefits of the Caner Service System. D. That when the Director of Safety Services terminates the appointment of a person appointed to the position of Fire Marshal, Assistant Fire Manha1. Emergency Medical Coordinator or Training Coordinator, Assistant Traininc Officer no l(rievance or appeal under the Career Service System shall uist for that action. E. That a penon appointed from a position in the Career Service System sball return to their prior CB1'ffr Service position, except in the cue of termi~ of employment from the City which may be appealed to the Career Service Board. G . The Director of Safety Services may, after consultation with the City Manapr, appoint to the positions of Fire Marshal, Assistant Fire }fanhal, Emerpncy Medical Coordinator, Training Coordinator, and Assistant Traininc Coordinator, qualified· personnel from outside the Department when Department pertonnel have been evaluated and found not to have the requisite qualifications for the positions. H . Those persons appointed that were not within the Career Service System shall have no Career Service ri(hts. I. The individual appointed to the position of Fire Marshal, Assistant Fire Marshal, Emergency Medical Coordinator, Traininc Coordinator, and Assistant Traininc Coordinator, may enter into a written acreement with different terms from this Ordinance so lone u such qreement is approved by City Council motion. Introduced, read in full, and pused on first Aadinc on the 5th day of June, 1995. Published u a Bill for an Ordinance on the 8th day of June, 1995 . Read by title and passed on final readinc on the 19th day of June, 1995. Published by title as Ordinance N~ Series of 1995, on the 22nd day of June, 1995. A,i,~~dtu. ~J ~A.Ellis,City Clerk I, Low:riahia A Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that published by title as Ordinance No& Series of 1995. II - the above and foreeoinc is a true cop7_gf the Ordinance p&11~aed on · r and kd!fl '-""--Lo""ucn=-. s""b-ia ... A._!_lh-.a-- ' -, •• ' ii, • I , I l, '.r: •· • 0 , • ORDINANCE NO. SERIES OF 1998 • 0 • BY AUTHORITY ABILLIOll COUNCIL BILL NO. 73 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 service 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 Offi.cer to Safety Education Specialist; and WHEREAS, due to the downsizing within the Fire Division, some organizational restructunng occurred that required the re-assignment of personnel to positions previously held by permanent ranking positions ; and WHEREAS , in an effort to lr.eep the Command staff ranks at a minimum , yet provide upward mobility within the organization, maintain flexibility for the management of the organization and provide financial reward commensurate with res pons ibilities, tins appointment process is used as a viable alternative; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sec;tjon 1. The Engl.ewood City Council hereby approves the amending of Ordinance No . 25, Series of 1995 with the addition to the Fire Division administrative position of Technical Support Officer as an appointed position 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 passed on first reading on the 16th day of November, 1998 . -I - -• .. I • • 0 ' - • • • t• • <. Published as a Bill for an Ordinance on the 20th day of November, 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 passed on first reading on the 16th day of November, 1998. Loucrishia A. Ellis -2- ·- .. .. • • 0 1 32xl - • • • • .. COUNCIL COMMUNICATION Agenda Item November 16, 1998 10 a ii Initiated By Staff Sources Subiect Short Term Lease of Home Lumber Property Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Spaces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the purchase of the Home Lumber property . (Ordinance No.60, Series 1995) RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance, for a short-term lease with Sato's Flowers for use of a portion of the Home Lumber property. BACKGROUND, ANALYSIS, ANO AL TERNA11VES IDENTIFIED Sato's Flowers is a small, seasonal nursery stock business. The purpose of this lease is to permit Sato's Flowers to sell Christmas trees and bedding plants on a portion of the Home Lumber site, which is currently owned by the City. In the past Mr. Sato has leased property from the previous owners of the Home Lumber property. The lease agreement would allow Mr. Sato to sell Christmas trees from Thanksgiving through the Holiday Season . In addition, Mr. Sato would lease the same property from April through August to sell bedding plants . The lease calls for a payment of $2,000.00 per month. All temporary fencing, utility hook ups and liability insurance are the responsibility of Mr. Sato. FINANCIAL IMPACT The lease agreement would bring the City an additional $12,000 annually. Tha agreement would also allow a business to continue to operate in the City of Englewood while future development plans for this site continue . UST OF ATTACHMENTS Memorandum from Jerrell Black Sato Letter Proposed Bill for an Ordinance Lease Agreement '1 -... t ,~, • .. .. •· • 0 , - - ! fax .tit • • - <. Nov 12 98 04:30p Recreational Center 303-762-2688 MEMORANDUM TO: Gary Seara, City Manqer FROM : DATE : Englewood City Counal & Jerrell Black, Director of Parka and Recrea · October 26, 1998 RE : Home Lumber -Short Term Leue George Sato, from Sato's Flowers approached me lut lt'eek. Mr. Sato operates a aeuonal nursery at.oclr. buainesa. It is my undentanding that in the put Mr. Sato leued variou, properties from the previoua owiwra oC Home Lumber and alto from South Suburban Parka and Reaeation District. He sold Chriatmaa treetl and bedd.ins planta at thNe aitea. Mr . Sato has presented a propoaal to the City to 1a-a portion oltbe Home Lumber property. Hia request lt'ould allo" for the aale of Chriatmu trees from 'l'bazibpvinc throuch the Holiday Season. Alao, he lt'Ould lea. the property from April throuch Ausua& of 1999. Mr. Sato would pay the Ciiy ofBncJewood 12,000 a month rent. Utility book up1, temporary fencmc, and liability inaurua would be Mr. Sato'• reapomibility. Attacbed ia a copy of Mr. Sato·, req11e1t. Mr . Sato ia in the procesa of ordering tree, and suppliN for the Holiday S.aaon. 1 inlormed Mr . Sato !.hat I would try to pve bim a reaponae u IOOD u poNlble. ;;--I 1poke with Mr . Auatin C-omea, Chairman of the Parka and Rec:nation C-ommiMioa, about thia IAl&u@ . He aupporu the temporary leue and he will bring tbia iuue to the Board at our nut meetinti, November 12, 1998 . 1 alto aupport the temporary laaae oftbe property. Thia will allow ua t o receive some revenue during the abort term and will not .tr.ct our cleaip procesa for the new aquatic'• facility . I wil! be discusSU1r thia ialue with City CoUDCil dunns study •Nion on Monday, Ncmnnber 2, 1998 . If Co uncil auppor..a the lease, we will brinr an ordinance i,rwud for Council, approval on Monday, November 16, 1998. Pleue let me know if you have any queacona . TJB Attachment (1) S11to Lease Cc Parka and Raaeation Commiaaion Dave Lee , Mana1er of Open Spacaa Gary Hultb11r1 . Recreation Manarer Page2 \, p.2 • • 0 I - I fax .ti~ • • • • I• ·, - Nov 12 98 04:31p Recreational Center Sato' s Flowers October 21 , 1998 City of Englewood Jerrell Black, Director Depanmem of Parks & Recreation 1155 W. Oxford Avenue Englewood, Co 80110 Dear Mr . Black: 303 -762-2688 As per our conversation, I Wllll to lcue a portion of the property on the nonblide of Belleview Ave . formerly occupied by Home Lumber Company . The leased area would be ulOd to sell Christmas trees, November through December\ and flowers and bedding plants. April throush Au(p&st . · I would need the property for the Christmas Lot from November 20 · to I>ecmi,a-31 111d for !lowers and bedding plants from April I 5 to AuSUSl 31 . Sato 's Flowers would pay the City of Englewood two tboUlllld dollars ($2,000.00) per month for the use of the property for the specified dates, provide the City with a Certificate of Liability Insurance for one million dollar ($1,000,000) 111d acquire tbe proper business license from the City of Englewood. Some temporary changes to the property would be necessary: I . Temporary structure for a greenhouse -April-Aupst 2. Temporary fence -Christmas Lot and Flower and Beddimg Plant Lot 3 . Install a construction meter for electricity 4 . Water hookup for the Bedding Plant Lot -mcccr oa praama As leueholder I would be responsible for the temporary cbaai,es 111d nlUnliDs the property in as good condition as it was at the time of the lcue, the USUll war and tear excepted . · .. I am interested in leasing this property until such time the City ofEnpwood has plans to develop this property . If funhcr information is needed , please contact me at (303) 971-0037. .. .. Page3 i p.3 .. • • 0 I I - • ORDINANCE NO._ SERIES OF 1998 • • • . . BY AUTHORITY • 1 L ICII. mu. NO . TS INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 authorued the purchaae of the Home Lumber property by paasage of Ordinance No. 60, Series of 1996; and WHEREAS, Sato's Flowers iB a amall, seasonal nursery stock bueineaa; and WHEREAS, the approval of this Ordinance will permit Sato'a Flowers to aell Christmas trees from Thanbgiving through the Holiday Season and bedding plants April through August on a portion of the Home Lumber site; and WHEREAS , in the past Sato'• has leaaed 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 authomes the Short Term Leaae for Sato'• Flowers for uae of a portion of the Home Lumber Property to be uaed as a aeaaonal nursery stock buaineaa , a copy of which iB marked as "Exhibit A" and attached hereto. $cs;t,jgn 2. The Mayor and City Clerk are hereby authomed to aicn and atteat aaid Lease on behalf of the City of Enclewood . Introduced, read in full, and paaaed on first reading on the 16th day of November, 1998 . Publiahed ae a Bill for an Ordinance on the 20th day of November, 1998 . Thomaa J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk -1- .. • • 0 , ~• -• ,,.. • • -. <. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paned on first reading on the 16th day of November, 1998. Loucrishia A. Ellis -2- .. ' ' .. •. • • 0 - • • 0 • BUILDING LEASE This lease . dated , is between the CITY OF ENGLEWOOD , 3400 South Elati Street, Englewood, Colorado 80110, 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 88 good a condition 88 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 sublet no part of the premises, and not to aBBign 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 Colorado , City of Englewood , or of the ordinances of the city or town in which aaid premises are located, and for no improper or questionable purposes whateoever , 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 negligence or default of the owners or occupanta thereof or any other person, nor to hold the Landlord liable for any injury or damage occaaioned by defective electric wiring, storm water, nor aaid premises to be uaed for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in, upon, or about aid obtaining the written con.tent of the Landlord therefor. 6 . To allow the Landlord to enter upon the premises at any reaaonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS : .. .... • . r,,~ . .. I ,t ' •· • f • • 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 poeseBBion of the premises and continue to pay rent without a written agreement as to such poSBeseion , 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 thia lease , retake possession of the said premises, making such changes and repairs as may be required, giving credit for the amount of rent so received lees 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, reposeeBB 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 re letting, neceBBary 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 is turned over to an attorney , the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 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 right to any such payments. 15. Thie 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 rights of the Tenant hereunder shall terminate and cease . 16. Tenant shall insure the premises for public liability and property damage in the sum of One Million Dollars with the City of Englewood as an additional insured. SHOULD ANY PROVISION of this lease violate any federal , state or local law or ordinance, that provision shall be deemed amended to ao comply with such law or ordinance, and shall be construed m a manner so as to comply . Thie lease shall be binding on the parties, their personal representatives, auccesaors and assigns. -2- .. -• ' . . r,i). . <II ' ,t ' • .. • • • C f 2 I -• • • .. • When used. herein, the singular shall include the plural, and the uae of any gender shall apply to both genders. LANDLORD CITY OF ENGLEWOOD TENANTS SATO'S FLOWERS STATE OF COLORAOO ) )B8 . COUNTY OF ARAPAHOE ) The foregoing instrument wu acknowledced before me th.i.a __ day of -------1998, by u President of Sato's Flowers IN WITNESS WHEREOF, I have hereunto eet my hand and affixed my ofliciaI eeal the day and year first above written. My oommi.Baion expires:--------NOTARY PUBUC -3- . ( • • 0 I ':} I -• • t• • '· • COUNCIL COMMUNICATION Date Agenda Item SubieCt Local Law Enforcement Block November 16, 1998 10 a iii Grant funding lnltiatad By Department of Safety Services I Staff Source Lieutenant Byron Wicks COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has made public safety a priority in the City, and has, in previous years, accepted Local Law Enforcement Block Grant Funding . Additionally, Council has approved the 1999 Budget, which includes funding for a Redevelopment Coordination Officer, a position that was included in the budget in anticipation of the receipt of this grant funding . RECOMMENDED ACTION Staff seeks Council support for the attached Bill for an Ordinance accepting a Local Law Enforcement Block Grant in the amount of $51 , 163 from the Bureau of Justice Administration. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Department of Safety Services applied for, and received, a Local Law Enforcement Block Grant for 1999, in the amount of $51 , 163. This money will be used to fund an additional police officer who will be designated as the Cinderella City Redevelopment Coordination Officer. This officer will serve as a liaison between the Department of Safety Services and other departments and agencies involved in the redevelopment. This officer will be responsible for identifying and resolving potential problems associated with the redevelopment. Issues may include : traffic control ; noise complaints; dust complaints; safety and security issues; neighborhood quality of life issues; fire prevention/suppression issues; parking; crime prevention ; and criminal activity . FINANCIAL IMPACT Matchi ng grant funding of $5 ,685 will be required from the C ity . This amount is included in the 1999 Budget. UST OF ATTACHMENTS Proposed Bill for an Ordinance Point Paper by Lt. Byron Wicks Confirmation letter from the Bureau of Justice Administration . , •. .. • • 0 I - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY fflll COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 fundm& 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: $ectjon l . The City Council of the City of Enclewood, Colorado hereby :iuthorizes the acceptance of the Local Law Enforcement Block Grant with special conditions, a copy of which is marked as "Exhibit A" and attached hereto. $ectjon 2. The City Manager and City Clerk are hereby authorized to lip and attest said Extension Agreement on behalf of the City of Englewood. Introduced, read in full, and puaed on lint reading on the 16th day of November, 1998 . Published as a Bill for an Ordinance on the 20th day of November, 1998. Thomae J . Burne, Mayor ATTEST : Low:riahia A. Ellie , City Clerk -I - ,, - .. • • 0 - • • • ·, • <. I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full. and passed on first reading on the 16D day of November, 1998. Loucrishia A. Ellis -2- ' ' .. • . ' • 0 , ':t'} )( I • - 0 t• - -I (4i:fa.t U.S. DEP . .tJlTME-rr OF JUSTICE AWARD OFFICE OF JUSTICE PltOGllAMS I.;) CJ OJP [!] BJA D OJIDP ~ GRANT PAGE I OF (~c,i ~ 0 BIS D NU D ovc D COOPERATIVE AGr.EEMENT ~~ CHECK APPROPIUA n BOX -- I. GRANTEE NAME ANO ADDRESS (lndudinJ Zip Code) 4. AWAllD NUMBEll: ,a.aVX2Q5 CityofEnaJC'wood 3400 Soulb Ellli Su=t 5. PROJECT PERJOO: FllOM 10/01/1991 TO 09f30/2000 EaaJc,oood. CO 80 II 0 BUDGET PERIOD: FIi.OM 10/01 /1991 TO 09(.)0/2000 IA. GaAmEE IRS/VENDOR NO ..-599 6. AWAllD DAn 9130/91 7.ACTION 2. SUBGRAN'TU NA."-fE AND ADDRESS(lncludin& Zip Code) I . SUPPLEMENT NUMBER ~ laiaal D Supplcnm,a,l 2A. SUBGR.ANTEE IRS/VDIDOR NO . 19. PREVIOUS AWARD AMOUNT SUI l . PROJECT 1lTt.E 110 . AMOUNT OF THIS AW ARD S51.J63 Local Law Enforccmcm Bloc k Gr:ints Prosnm · FY 1991 I 11. TOTAL AWARD S51.163 12. SPECIAL CONDmONS (Chcd. if:l!ll'licablc) ~ THE ABOVE GIL-\.'-1 PROJECT IS APPROVED SUBJECT TO SUCH CONDmONs Oil LIMITATIONS AS ARE SET FORTH ON THE A TT ACHED 4 PAGES 13 . STATUTORY AlJTHORJ"TY FOR GIL-\.'1T 0 1lTt.E l OF THE OMNIBUS CRIME CONTROL AND SAFE ST1tEETS ACT Of 1961 . 4:? U.S C 370 1. ET SEQ . AS AMDIDED C TTT1.E ~ OF THE IL VD1l.E Jt:STICE AND DELINQUENCY PREVESTION ACT Of 1974 ,: U SC . 560 1. ET SEQ . -\S AMDIDED I C VICTIMS OF CR.l~ .-\CT OF ·191,1 , 42 U.S.C. 10601. ET . SEQ .. PUBLIC LAW 91~73. AS~ I ~ OTHER (Sprnfy) Omnibus Appropriaaons Aa of 1991 (Public Law 105-119) 14. FUn.U F1SCAL YEAll(S) St-r.olt.T SECOND YL4Jl'S BL'DGET PER.JOO NIA AMOl.'NT OF Ft'NDS NIA TYPE Of FUNDS : THlllD YEAll 'S Bl.'DGET PEillOD NIA AMOl.'NT OF Ft'M>S -·-TYPE Of FIJNDS . 15 . METlfOD OF l'A YMF.111' ovu l!l THE GRANTEE \lo1ll RECEIVE CASH VIA A 1.ETTEll Of CUDIT NO • AGDICY APPROVAL I GaANl&E ACCEPTANCE 16. TYPED NAME A/'<1) TITLE OF APPROVING OJP OFFlC1AI. II. TYPED NAME AND nTLE Of AUlltORIZEI>GlAl'lTEE OfFlC1AL Nacy E. Gisi. Direclor c.,s-. a.-of JUSbcc Assinancc City~ 17. SIONA TURE OF APPROVING OJP OFFICIAL 19.sJGNAlUU OF AIJTHOIUZEDOUN'llE I 19A.DATE 1-->~0 -0 -;yw AClENCY US£ ONLY ~ACCOUNTlNG Ct.ASSIF!CA TION CODES 21. LIIDI • FISCAL FUND BUD. DIV . YEAa CODE ACT . OFC. a.EG . SUB . POMS "T 'V LT "lo llo llo ~ '-Hr rva.-.a -.uuu,. (,u:.v , 3·1 1) r~VIUU~ ~..,. 11v,,,.~ ~~ .~ • ,. - 5 I I I' " .. I • I T D • . I • • 0 , - • • • • Li S DE?ART:>t E:-. T uf Jl.,S TICE OFFICE OF JUSTICE PROGRAMS D OJP w BJA D OJJDP D 8JS D JIIU D ovc CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET [!) GRANT D COOPEllA T1VE AGltEEMEJIIT PAGE 2 OF S l'ltOJECT NUMBE!l 91LBVX2635 AWARD DATE 9l3Ql9I SPECIAL CQNDIDQNS I . The recipient ap-ees to comply w ith the financial md adminim'ative requirements sa fonh in the current edition of die Office of Jusric:c Progrmis (OJP) Financial Guide. 2 . The recipient ap-ees to comply with the 0111Dimional audit requirements of the applicable 0MB audit cin:ular. 1bc first audit report period should be for January I , 1998, u, December 31, 1998. The manapmem leuer oudiDm& audit fiDdiap, submitted by die audil:in& orpnimioa. must be submitted with the audit report. Grantee audit repons must be submined no !ala' than thineen (13) months after the close of each fiscal year durin& the term 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 md compliance audit report. Recipients who receive less than $300,000 in Fcdcral funds, are not required to submit a program or organization-wide financial and compliance audit report for tfw year. Note: If your audit disclosed findings or recommendations you must include with your audit report, a corm:tive 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) Tmetable for performance and/or implementation dares for each recommendation. 4) Descriptions of monitoring to be conducted to ensure implementation. The submissions of audit reporu for all grantees shall be u follows : I) Mail original and one ( I) copy of the completed audit report to : l!.S. Dcpanment of Jusric:c 2) Mail oac (I ) copy of the complcled audit report to: Fedcnl Audii Clariqhousc 8UTCaU of the Census 1201 E. IO!h Saect Jetfenonvillc, IN 47 B 2 3) Mail a copy of the Cover (transmitral) letter to: Office of die Comptn>llcr Office of Justice f'roCrlms Aan: Comrol Desk, Sth Floor -Audit ::>ivisioa 810 Scvmd! Slreet, NW Wuhinp,n, D .C . 20S3 I ..... . , • . .. I· • 0 I US . DEPAR TME~ OF JUSTIC E OFFICE OF JUSTICE PROGRA.\.IS 0 OJP I..!.. BJA O OJJDP 0 BJS O NU O OVC CHECK APPROPRIATE BOX • 0 • AWARD CONTINUATION SHEET [!j GRANT 0 COOPER.A TIVE AGREEMENT PAGE J OF 5 PllOJECT NUMBER 9IL8VX263S AWARD DATE 9130/91 SPECIAL CONDmONS 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 (wriacn, visual. or sound), whether published at the recipient's or aovcmmcnt's expense, shall coniain the following swcment: (NOTE : This excludes press releases. newsletters , and issue analyses.) "This projcc:t wu supported by Grant No . 98LBVX:635 awarded by the Buruu of Justic:c Assistance, Offic:c of Justice Procnms. U.S. Department of Justice. Points of view in this document are those of the author and do noc necessarily represent the offic ial 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 S5.685 .00 over the grant period in a c:ash match . The recipient is reminded that the matc:h funds are auditable under Special Condition #2 and will be binding to the recipient. 6 . The rec ipient agrees to submit. at a minimum , sem i-annual reports on its programmatic activities . The first programmatic: report will be due on Jul y 31 , 1999, covering the period of October, 1998 -June, 1999 . The next report will be due on January 31 , 2000 . md cover the period of Jul y. 1999 -Dec:ember, 1999 . The neltl report should c:over the next six month period md is due thirty (30) days after the end of the six month period for the term of the award. A final report on the programmatic ac:tivities is due 1 ::o days following the end of the grant period . 7 . The recipient agrees to submit quarterly financ ial reports . The financial report is due 45 days after the end of each calendar quaner. A final financ ial report is due 120 da ys following the end of the grant period. 8 . The rec ipient agrees to establish a trust fund in which all payment5 received under this Prov,lm. including match. must be deposited . For the purposes of this grant, a truSt fund is an interest be3ring ac:c:ount that is specific:ally designated for this Prog."am . On ly all owable program expenses can be paid from this account. This fund may not be used to pay deb!S incurred by other activities be yond the sc:ope of the Local L3w Enforcement Block Grana Prosram-The recipient also apees to obligate and expend the grant funds in the trust fund (inc:ludin& match and interest earned) durin& tbe 24 month term of the award . Grant funds (including earned interest ) not obligued by the 24th month mUSI be retUmed to BJA by the last day of the 27th month . 9 . The rec ipient agrees to supplement and not supplant state or local funds . 10 . The rec ipient aclcnowledges that failure to subm it ill! ac:.:eptable Equal Employment Opponunity Plan (if recipient is required to submit one punuant to 211 CFR section 42 .302), that is approved by the Office for Civil Ripa, is a violaEion of ils Certified Ass11n111ces and may result in funds from the award bein& frozen, until suc:h time as die recipient is iD complianc:c . 11. The recipient agre:s, if die funds are used for the hirin& and employin& of new, additional law enforcement officen 111d suppon persoMel, as described in the applicable purpose area of Subpart A section IO I (a)(2), dial tbe recipient unit of local 1ovemmen1 will achieve a net &ain in die number of law enforcement officers who perform nonadminiSU'ative public safety service . OJP FOll.'412 (llEV 5-17) l'lt£V10US EOffiONS AA! OBSOLETE • ..... •. 0 •· • 0 - • • ". .. U S. DEPAllTMDIT OF Jl..:STICE omCE Of JUSTICE PllOGRAMS o OJP C!:i BJA O OJJOP o BJS O NU D ovc CHECK APl'ltOP!llA n; BOX 91LBVX263' • • • .... AWARD CONTINUATION SHEET [!j GRANT D COOPEMTM AGll£EMENT AW AllD DA le 9/lOl9C SPECIAL CONQ[[IONS • PAuE 4 Of S 12 lbe recipient qrees. if die ftmds are used for lbe biriq 111d anployiq or-. lddiDoaal law mforc:emeDt officers 111d suppon penomiel, !Im die IIDils of local penunem will emblisll procedures to pe members oflbe Aimed F-who. on or aftlrOc:rober I, 1990, -or are selec:lld far illvolumary sepanlioa (11 described ill sectioD 1141 ofTide 10, Uniled Scares Code). approved for sepanlion UDdcr-=tiaa 1174a or 1175 of sud! tide, or reared punuaar to die aulboriry provided UDdcr seaioa 4403 oftbe Defeme Coavenian, R.eiavesanem. llld Trmsmoa AssislaDce Act of 1992 (division D of Public Law 102-414; 10 U.S.C. 1923 DOCe), a suilable preference ill die employment of persons II additioaal law enfon:emem offlcen or suppon personnel. 13 . Tbe recipient qrees if funds are l1sed for enhancin& security or crime prevention, that the unit of local 1ovemment - (a) bas III adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparaJnpb (B) of section IOl(a)(2), or any crime prevention procrams that are established under subparqraphs (C) and (El of section lOl(a)(:!), on the incidence of crime in the Jeopphic ara where the enhancement is undertaken or the program is emblished; (b) will conduct such ID assessment with respect to each such enhancement or pl'Olnffl; and (c) will submit to the Bureau of Justice Assimnce ID annual written assessment report. 14. The recipient qrees that prior to the obliplioa and expenditure of any Local Law Enforcement Block Gr11111 (LLEBG) funds, at least one(\) public bearin& will be held reprdiq the proposed Ule(s) of the grant funds. Tbe recipient will provide to BJA, tbroo&h the submission of the Follow-Up Information Fann, information on the contents of the bearin&. BJA will review die fonn for compliance with eaablia& lqisllliaa and issue to the recipient a Grant Adjusanent Nocice (GAN). Uatil the issuance cf the GA.'11, the recipient may DOI oblipre or expend LLEBG funds . At that bearm&, persons sball be pven 111 opponunity to provide written and oral views to the recipient on the proposed Ule(s) of the pall flmds . lbe recipieDt will bold the public beariq at a time and plKe tlm allows and eneouraaes public mcndance and participmioa. . ' •. .. • • 0 , - • • U.S. DEPAATME'IT OF Jt:STICE OFFICE OF JUSTIC: PROGRAMS D OJP ~ BJA D OJIDP D BJS O NUO ovc CHECK Al'PllOPIUA TE BOX 91LBVX263S <. • • • ... AWARD CONTINUATION SHEET [!J GRANT 0 COOPERATIVE AGREEMENT I AWARD DATE 9(30/91 SPECIAL CQNDmQNS ,. - .. PAGE S OF S 15 . 1bc recipient apes thu prior to the obliption or expmdilure or any Local Law EAforcemeal Bloclt Gram (LLEBG) ftmds. a desipued or newly established advisory board will meet to discuss die proposed (purpose aa) 111e ofdle srmt ftmds. 1bc recipient will desipwe the advisory board to make nonbindin& recommcndmioas to die recipient to die 111e or ftmds under 16. 17 . die LLEBG Propm. Membcnhip oo the advisory board must include a repraenmive from die foUowili&, however it may be broader: a) the local police department or sheriff's depanmea,t; b) the local prosecutor's office; c) the local coun system; d) the local school system; and e) a local nonprofiL educational, religous, or community group active in crime prevention or drug use prevention or treallllenL I The advisory board must review the proposed use of the funds under the LLEBG Prosram. The recipient will provide notificarioa to BJA, through the submission of the Follow-Up lnformalion Form, on the advisory board. BJA will review the fonn for compliance will! enabliq lqislation and issue to die recipient a Gl'llllt Adjustment Notice (GAN). Until the issuance or the GAN, the recipient may not obliptc or expend LLEBG funds. I I The recipient has certified it is in compliance with the Public Safety Offlcm Healtb Benefits Provision (section 615 or die FY 1991 Oauubus Appropriations Act) and apes to remain in compliance durina the life of die award. This provision requires I lbc unit oflocal government which employs a public safety officer (as defined by section 121),1 of Tide I of die Omnibus Crime Control and Sare Streets Act of 1961, as amended) to afford such public safety officer wbo retins or is sepanred from service due to injury suffered as a direct and proximarc result of a penooaJ injury susraiDed in tbc liDc of duty while respoodin1 to • emC!Jency situation or a bot pursuit (as such terms are defined by Smc law) with the -or beUcr level orbealtb insunDc:e benefits at the time of retirement or separation as they received while on duty. Criminal Intelligence Syscems opcraring with 511ppon of Fcder21 funds, must comply with 21 CFR., Part 23, if the recipient chooses to implement this project. GRANlc:E ACCEPTANCE OF SPECIAL CONDmONS OIP fOltMll (REV S.a7) l'llEVIOUS EDmONS All£ OBSOLETE '' • • 0 , • POINT PAPER TO : FROM : DATE: SUBJECT: • 0 • DIRECTOR CHRIS OLSON LIEUTENAi'ff BYRON WICKS 10 JULY, 1998 REDEVELOPMENT COORDINATION OFFICER l. BACKGROUND: The vacated Cinderella City Mall is located in the northeast comer ofU. S . Highway 85 (Santa Fe Drive) and U. S. Highway 285 (Hampden Avenue). The mall and associated property is in the ownership of the Englewood Environmental Foundation. The mall, which is 1,300,000 sq . ft. in size. is to be demolished . The removal of hazardous materials is currently underway. The physical destruction is scheduled to begin I August. 1998 . Once the demolition is completed. the fifty-one (51) acre property will be backfilled with din to a grade suitable for building. Construction truck traffic will become very significant during the destruction phase, the backfill phase. and the reconstruction phase. Current plans call for a total of 420.000 sq . ft. of retail to be built on the 800,000-900,000 sq . ft. of multi-use density complex. The Gnderella City Redevelopment Project (CCRP) will include a Civic Center (150,000 sq .ft .), a thirty-two (32) screen Sony movie theater, a Wal-Man store (129 ,000 sq . ft.), first story general retail (125,000 sq . ft .) with residential units on upper levels and five restaurants ( 166.000 sq . ft.). Wal-Man wants a ready-to-build date of March. 1999 . The company plans to open its store by Fall, 1999. Sony expects to open its theaters by Memorial Day ( 1999). The entire fifty-one acres of businesses and residences are to be completed during the calendar year. 2000 . The Rapid Transit District (RTD) is currently building a light rail system parallel to Santa Fe Drive from W . Mississippi to W . Mineral. A major transit station. localed immediately west of the ne,\ Civic Center. will be completed by July, 2000. RTD estimates four hundred (400) buses will enter and exit the complex daily . Private vehicle traffic from the users of the light rail and RTD buses . shoppers. and residents will increase significantly. Traffic will be especially heavy during the later afternoon hours when ridership on the light rail increases and the influx of moviegoers and shoppers begins. 2. SITUATION: There are numerous organizations involved in the complex planning for the Cinderella City Rede velopment Project (CC RP ). Coordination and cooperation among the panicipants is essential. C urrently. the Depanment of Safety Services does not have an individual assigned as the Liaison Officer to the other involved agencies. Cenainly, with the comm·encement of the actual ph ys ical destruction of Cinderella City, there will be a great need for coordination to deal with issues such as : traffic problems; noise and dust complaints; safety; security and community relations . Vinually every issue concerning the redevelopment will have an impact on the services provided by DSS . After the completion of the redevelopment. extremely close coordination among the DSS and the four owners of the project. City of Englewood, Wal-Mart. the residential property developer and the master developer. will be required . •• ' - •. •· • 0 - '. • • • • • • 3. RECOMMENDATION: I recommend the Department of Safety Services identify one police officer to serve as the Redevelopment Coordination Officer (RCO). I further recommend the position be financed, in part, by a grant offered by the Bureau of Justice Assistance . Currendy a maximum of$ 51,163 is available on I October, 1998. The grant would require a match by the city of Englewood. The deadline for the grant application is 31 July, 1998 . 4. RATIONALE: The primary responsibility of the Redevelopment Coordination Officer should be to make liaison with the appropriate agencies during each of the phases of redevelopment to anticipate, identify and help resolve issues/problems associated with the project. Examples of issues are: DEMOLITION PHASE • Traffic ControVCongestion Issues • Noise Complaints • Dust Complaints • Safety/Security Issues • Neighborhood Quality of Life Issues • Fire Prevention/Safety REGRADING PHASE • Traffic ControVCongestion Issues • Noise Complaints • Dust Complaints • Safety/Security Issues • Neighborhood Quality of Life Issues • Fire Prevention/Safety CONSTRUCTION PHASE • Traffic ControVCongestion Issues • Noise Complaints • Dust Complaints • Safety/Security Issues • Neighborhood Quality of Life Issues • Fire Prevention/Safety RETAIL DEVELOPMENT PHASE • Traffic ControVCongestion Issues • Parking Issues • Criminal Activity Issues • Crime Prevention Issues • Security Issues • Fire Prevention/Safety •• .. 0 •· • 0 '32xl -• • 5. CONCLUSION: The redevelopment of the Cinderella City complex presents the Englewood Depanment of Safety Services with a unique opportunity to have a proactive role coaceming all issues effecting the quality of life of the citizens of Englewood during the demolition, c:oasttuctioo and development phases of the new complex. The Redevelopment Coordiaatioa Officer will have a positive impact on our onaoing efforts to become a true Community Oriaded Policing department. • t • . .. • • 0 • "' -. , -• - ,_ -U.S . DEPARTMENT OF l\JSTICE GRANT MANAGER'S IIIEIIORANDUII, PT. 1: • OFACE OF l\JSTICE PROGRAMS ' D OJP [!] BJA D OJIDP PROJECT SUMMARY Ii ·~ (!]GRANT D COOPERATIVE AGREEMENT D BJS DNU Dove ( I ~~.,,,., CHECK APPllOPR!A TE BOX PROJECT NUMBEJl -"1.BVX2635 ~ This . isror.::=undcrTdlc I ofdlcOlmulNICrimlC-..1...SS.5- Act. fi°lm: 370 • • amndcd. This project is wi,pclfled under die JUftDile JUllicc ad Delinquency~ Act of 1974 .• --*ti Olhcr: Omnibus Approprillion Act of 1991 I . STAFF CONTACT (NMIC. addlas a lolcphonc number) 2. PROJECT DIRECTOR (Nms,addlas a IOlepllonc number) Gnnts Administra&ion Branch Byn,n Wicks LLEBG Division, BJA L.-- 110 7th SIR&\. NW . 4th Floor City ofEftskwoc,d Washing!Oll,JK: 20531 3400 Soudl Ellli Slrect (202)30S-20U ~COIOIIO (303)713-6133 lL TTl1.E OF TifE PROGRAM I lb. POMS CODE Local uw Enforcement Block Gnau "'°lrlffl LE 4. lTTLE OF PROJECT Local Law Enfon:cmcnt Block Gnms Pro ...... • 1991 S. NAME & ADDRESS OF GR.ANTEE 6. NAME & ADDRESS OF SUBGR.ANTEE City of Englewood HOO South Ehni Sirect En1lcwood. CO 80110 7. PROGRAM PERlOD I. BUDGET PERlOD FROM : 10/01 /1991 TO: 09/30/2000 FROM : 10/01/1991 TO: 09/30/2000 9. A.\101.J)';TOF AWARD 10. DATE OF AWARD 551.163 9130/91 11. SECOND YEAJl'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT NIA NIA 13 . TIDRD YEAll'S BUDGET PERlOD 14.TIDRD YEAR'S BUDGET AMOUNT NIA NIA • IS . SUMMARY DESCRlmON OF PROJECT The Local Law Enforcement Blodt Gnnts "'°lrlffl -lUlhoriad by lbc Oamibus f'IICII v .. 1991 APl'fOl'Nlions Act. Pulllic Law 105-119 b lbc pul1IOSC of prov idins units oflocal aovemmcnt with llindl ID IIIIClcrwrile pn,jecls 111 ,.,._ c:rilllc ad inlprowc public safay. Thc .._ of Jllllice All-.-will 1111b direct awards to units of local IJOVCIIIIIIClll whcn lWlld -... • lcal SI0.000 IO be med....._. widl die_,. p,opaa ,..,--specifled • -- 101(1)(2). The City of EnaJcwood 1111 indicad 1h11 it ialldl III dillribult ill Local Law ~ Bloclt Gras luadl undcr • fa11owias ,..,-lla(s): (la) Hirin1 SSl ,163 Cmifacd complianc:c. punuanc ID scctiaa 61S, l'ublic SalKy Olllcal Haldi a-Ills pnmsioll. I • • 0 I NC.,-CF OJP FOR.\I -1000/1 (REV . 4-U) PREVIOUS EDITIONS AllE OBSOLETE • •• ..... I - September 30, 1998 Gary Scars City Manager City of Englewood Englewood, CO 80110 •, Dear Local Law Enforcement Block Grantee: • • • Office rl Justice Prognms Office for Civil Rights ....... AC ZOSJI Congratulations on your recent award. Because you have submitted Certified Assurance that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14 , and IS , as the grant goes forward . As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there bas been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U .S . Department of Justice, Office of Justice Programs, Office for C ivil Rights, 810 7th Street, N.W., Washington, D .C . 20531. (I) If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) during this arant period, or if you have certified that no EEOP . , • . .. • • is required, it is not necessary for you to submit another at this time. Simply send a o copy of the letter you received from OCR showing that your EEOP or certification is acceptable. - • • 0 • Additional Instructions For Grantees Receiving $500,000 Or More : In accordance with Assurance No. 15 , and as a recipient ofS500,000 or more (or S 1,000,000 in an 18-month period), and has 50 or more employees, the recipient must submit an Equal Employment Opportun.ity Plan (EEOP) within 60 days from the date of this letter to OCR at the address cited on page I . Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-S~ Guide to the Design and Development of an EEOP (which includes a Certific:ation Form and an EEOP Short Form) will assist you in completing this requirement. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDillON REGARDING EEOP'S GOVERNING THIS AWARD, RECIPIENT ACIG-lOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPT ABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF ORA WDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS . Additional Instructions For Grantees Receiving S25 ,000 Or More , But Under $500,000 : Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. Moreover, if the grantee is awarded S 1,000,000 in an eighteen ( 18) month period, it must submit an acceptable EEOP to OCR. Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE : If agency has under 50 employees, regardless of amount of award, no EEOP is required ; however, grantee must return applicable portion of Certification Form to OCR within 60 days . Additional Instructions For Grantees Receiving Under $25,000: A rec ipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. 2 • ' • .. •· , - • • • • - .. Instructions for All Grantees : Jn addition, all recipients, reprd.Jess of their type. the monetary amo1mt awarded, or the Dlllllber of employees in their workforce, are subject to the prohibitions against discrimination in any funded prop-am or activity. OCR may require all recipients, lbroup ldected compliance reviews, to submit dara to ensure their services ~ de!i"Va'ed in an equitable IDallDel' to all Rgmeuts of the service population and their employmcm (2) are in compliance with equal employment oppoftlUlity requirements. If you bave any questions or need additional assistance, please call the Office of Civil Riahts at (202) 307-0690. Sincerely, \k,~fr-, Inez Alfonzo-Lasso Director, ·Office for Civil Rights Enclosure (2) The employment practices of certain Indian Tribes are not covered by Tide VII of the Civil Rights Act of 1964, 42 U.S.C. 3 .. - • .. • • 0 - • • ,, - 0 I • • COUNCIL COMMUNICATION Date Subfect November 16, 1998 11 a i Right-of-Way Use Agreement Initiated By Staff Source Neighborhood and Business Development Harold J . Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council Action . RECOMMENDED ACTION Staff recommends that Council approve, on first reading, a Bill for Ordinance authorizing a Right-of- Way Use Agreement between the City of Englewood and Metricom, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Metricom , Inc. operates a wireless digital data communications radio network, known as Ricochellb. This network utilizes radio transmitters to relay digital data in much the same way as cellular and PCS services . This network differs in that the transmitters are low power and have a more limited transmission range than cellular or PCS transmitters. Being low-powered, height is not a critical factor in transmitter siting . However, the transmitters must be located so that they can "see• one another. This line-of-sight placement is ideally suited to public rights-of-way. Metricom anticipates that this system will be in place and operational through the metro area within the next year . They are currently negotiating similar agreements with other municipalities in the metro area . The proposed agreement will permit, with City review and approval , the installation of radio transmitters within the public right-of-way on City-owned street light poles, lighting facilities, electroliers, or other City-owned structures located in the public right-of-way . This agreement is for a term of nine years with three 5-year renewal options . FINANCIAL IMPACT The proposed Right-of-Way Agreement will generate revenue in the form of a right-of-way fee that is equal to 5% of Meticom 's gross revenues collected from subscribers with billing addresses in the City. Also, an annual fee based on $60 .00 for each radio transmitter installed in the City during the previous 12 months. UST OF ATTACHMENTS Proposed Bill for an Ordinance • ..... • . . •· • 0 • ORDINANCE NO._ SERIES OF 1998 ' • 0 • ABILLPOR l• OOUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MKNBP ______ _ ANOBDINANCBA RIZINGA "RIOHT-OF-WAYUSBAGUDIBNT' BETWEEN METRl~Olol:--l!HC. AND THE CITY OF ENGLEWOOD, COLORADO PDTAINING TO IGITAL DATA OOIOIUNICATIONS RADIO NETWORK INST TIO IN THE CITY'S RIGHT-OF-WAY. WHEREAS, Metricom is in the buaineas of constructing, maintaining and operating a wireleas digital data communications radio network known 88 "Ricochete" a ayatem which utilizes radioa and related equipment certified by the Federal Communications Commission; and WHEREAS , Metricom wishes to locate, place, attach, install, operate and maintain Radioa on facilities owned by the City, 88 well 88 facilities owned by third parties located in the public rights of way for the purpoaea of operating "Ricochete"; and WHEREAS, the paaaage of thia Ordinance authorizes and permits, at its aole coat and expense, Metricom'a entry upon the public rights-of-way and to locate, place, attach, install, operate, maintain, remove, reattach, reinatall, relocate and replace Radioa in or on Municipal Facilities within that ri(ht-of-way for the purpoeee of operating "Ricochete" and providing aervicea to peraona located within or without the limits of the City; and WHEREAS, Metricom shall have the right to draw electricity for the operaticm ~ the radioa from the power aource ueociated with each auch attachment to mwucipal facilities ; and WHEREAS, Metricom ,hall obtain any required permits for attachment, installation, operation, maintenance. or location of the radioa in the public right-of-way if required under applicable City ordinances; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ect.ign l . The City Council of the City of E111lewood , Colorado hereby authorize, the "Right-of-Way Uae Agreement" between Metricom, Inc. and the City of Englewood, a copy of which ia marked aa "Exhibit A", attached hereto. $ect,ign 2. The Mayor and City Clerk are hereby authorized to lip and atteat Mid "Right-of-Way Uae Agreement" for and on behalf of the City of Ens}ewood . Introduced, read in full, and paaaed on fint readi!ll on the 16th day of NOYember , 1998 . -1- " - • ' .. .; •· • 0 , -• • ·, • Publiabed u a Bill for an Ordinance on the 20th clay of November, 1998. Thomas J. Burna, Mayor ATl'EST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellis, City Clerk al the City al Eqlewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance. introclwied. read in full, and paued on first reaclinc on the 16th clay of November, 1998. Loucriahia A. Ellia -2- . ' • .. • • 0 - • • • • ENGLEWOOD ltig!Jt-of-llag 11st Agrranmt W HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of -------(the "Effective Date"), and entered into by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). A. Metricom is in the business of constructing, maintaining, and operating a wireless digital data communications radio network known as Ricochet®, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.13 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, fees, and maintenance of its facilities, Metricom has the right under federal and Colorado law to install facilities in public rights of way. C. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the City, as well as facilities owned by third parties, located in the Public Rights of Way for purposes of operating Ricochet®. Nam. tlJirdarr. for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement 1.1 Agmcy. "Agency" means any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in § 1.11 below). 1.2 Fee. "Fee" means any a5Se§ment, charge, fee, imposition, tax, or levy of general application to Persons doing business in the City lawfully imposed by •· • 0 , - • • • • any governmental body (but excluding any utility users' tax, franchise fees, telecommunications tax, or similar tax or fee). 1.3 Gross Ret1ouus. uGross Revenues'" means the gross dollar amount accrued on Metricom' s books for Services provided to its customers with billing addresses in the City, excluding (i) any utility users' tax, telecommunications tax, or similar tax; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.4 Installation Date. ulnstallation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.S Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time during the presence of Radios in the Public Rights of Way. 1.6 Mdricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 M1tnicipal Access Program. "Municipal Access Program" means the discount program described in§ 4.4 below. 1.8 M1tnicipal Facilities. "Municipal Facilities'" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Public Rights of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Pason. "Person'" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.10 Provision. "Provision'" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term. or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. • . i1"•i1 • I' • .. •· • 0 , • • 0 - 1.11 Public Rights of Way. "Public Rights of WayH means the space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, sidewalks, bridges, and places, including all public utility easements and dedicated public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City .. This term shall not include state or federal rights of way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.12 PUC. "PUC" means the Colorado Public Utilities Commission. 1.13 Radio. "Radio# means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.14 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular Digital Network, a wireless, microcellular digital radio conununications network owned and operated by Metricom . 1.15 Services. "Services" means the wireless digital conununications services provided through Ricochet® by Metricom . 1.16 City. "City" means the City of Englewood . 1.17 Use Agnement. "Use Agreement" means this nonexclusive Use Agreement and may also refer to the associated right to encroach upon the Public Rights of Way conferred hereunder. 2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine (9) years conunencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than sixty (60) calendar days prior to commencement of the relevant renewal term. 3 ScOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Rights of Way and shall be further subject to all deeds, easements, dedications, conditions, franchises, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Rights of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work fll~/09co2Jpk91"""/ J~U.:52PM -•• ,, . •· • f • • 0 : .. - 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. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Public Rights of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet® and providing Services to Persons located within or without the limits of the City; provided, however, that no Metricom equipment or facilities shall be placed on any traffic control devices. In addition, subject to the provisions of § 4 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated · with each such attachment to Municipal Facilities. 3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Rights of Way and to attach, install, operate, maintain, remove, reattach, reinstall , relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Rights of Way as may be permitted by the public utility company or property owner, as the case may be. Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Rights of Way . By agreeing to cooperate, the City is indicating its willingness to indicate its approval of the use of the Public Rights of Way. The City is not expected to expend substantive staff time in providing this cooperation. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations unqer this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, traffic signalization, and other existing telecommunications, utility, or municipal property, without the e xpress written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. Metricom will correct any interference problems attributed to its equipment with forty-eight (48) hours of notification by the City; provided, however, that in cases of emergency or immediate threat to public safety, as determined in the sole discretion of the City, the City may shut down any Metricom facilities and shall immediately notify Metricom of the action taken. .. -• Jcrzl,W Jlil PM •. •· • 0 , - • • 0 I• • The City agrees to require the inclusion of substantially the same prohibition on interference as that stated above in all agreements and franchises it may enter into after the Effective Date with other telecommunications providers and carriers. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Public Rights of Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees . City shall promptly respond in accordance with its standard practices to Metricom' s requests for permits and shall otherwise cooperate with Metricom in facilitating the deployment of Ricochet® in the Public Rights of Way in a reasonable and timely manner. The proposed locations of Metricom' s planned initial installation of Radios shall be provided to the City promptly after Metricom' s review of available street light maps and prior to deployment of the Radios. Metricom agrees to meet with City annually to discuss the company's forthcoming projects and installations with the City . 3.6 Notice of location of Radios. Upon the completion of installation, Metricom promptly shall furnish to the City suitable documentation showing the exact location of the Radios in the Public Rights of Way . 4 COMPENSATION; DISCOUNTS; UTILm CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricom's performance under this Use Agreement, including those set forth below. 4.1 Right-of-Way Fees. As consideration for Metricom's entry upon and deployment with the Public Rights of Way, Metricom shall pay to the City, on an annual basis, an amount equal to five percent (5%) of Metricom's Gross Revenues (the "Right-of-Way Fee"), which amount will be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The compensation provided under this section shall be payable for the period commencing upon the date that Metricom first provides Services to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 4511, day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City 1~12:$2PM - •. •· • f • • . , . • • with each payment of compensation required by this section a statement. executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment If Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the Qty shall be paid by Metricom within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the Qty through error or otherwise shall be refunded or offset against the next payment due from Metricom. Acceptance by the Qty of any payment due under this section shall not be deemed to be a waiver by the Qty of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the Qty &om later establishing that a larger amount was actually due or &om collecting any balance due to the Qty. t.1.1 Reduction of Right.of-Way Fee by Amount of Utility Users or Telecommunications Tax. Notwithstanding anything to the contrary in this Use Agreement, the amount of the Right-of-Way Fee shall be reduced by the amount of any applicable local tax, fee, or charge imposed upon Metricom solely by virtue of its status as a teleconununications provider. t.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the Qty under S 4.1 above. The Qty may inspect Metricom' s books of account relative to the Qty at any time during regular business hours on ten (10) business days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under S 4.1 above. The City agrees to hold in confidence any non-public infonnation it learns from Metricom to the fullest extent permitted by Law. U Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility upon which a Radio has been installed pursuant to this Use Agreement. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. Ul CPI Adjustment. Effective commencing on the fifth (SIii) anniversary of the Installation Date and continuing on each renewal 1~12:IZIM .. • • • • • • 0 , . • thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=-100) which occurred during the previous five-year period for the West Urban Region Consolidated Metropolitan Statistical Area. U Eledricity Charges. Metricom shall be solely responsible-for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.4 Municipal Access Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of Ricochet® basic service subscriptions at the rate of fifty percent (50%) of the regular rate as current from time to time . The number of subscriptions which the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows : (a) for municipalities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; (c) for municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for municipalities with a population of over 500,000, up to a maximum of fifty (50) discount subscriptions . City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from time to time or under other promotional programs which may be available from time to time in addition to the Municipal Access Program rate . City shall use all subscriptions provided pursuant to this § 4.4 solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other Person . 4.5 Reimbursement of City's Expenses . Metricom shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance, and implementation of this Use Agreement, up to a maximum of Two Thousand Dollars ($2,000), promptly upon receipt of bills, paid invoices, and such other documentation as Metricom shall reasonably require. The reimbursement provided for in this § 4.5 shall not replace or excuse Metricom 1~12:!Zl'M ' ,- ., •· • 0 • • • • 0 , . • from the payment of any applicable City permit fee for work undertaken in connection with this Use Agreement, nor shall it be credited against any other amounts due to the City pursuant to this Use Agreement. 4.6 Most-Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right-of-way use agreement with another municipality or county of the same size or smaller than the City in the Denver Metropolitan Statistical Area which agreement contains financial benefits for such municipality or county which, taken as a whole and balanced with the other terms of such agreement, are in the City's opinion superior to those in this Use Agreement, Metricom shall, within sixty (60) days of the request by the City, modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. For the purposes of this § 4.6, the phrase "municipality or county of the same size or smaller than the City" shall mean another local government which falls into the same tier or classification as the City at the time of comparison according to the following categories: (a) local governments with a population less than 100,000; (b) local governments with a population between 100,000 and 250,000; (c:) local governments with a population between 250 ,000 and 500 ,000; and (d) local governments with a population greater than 500,000 . For the purposes of this § 4 .6, county population shall only consider the unincorporated portions of a given county. 5 llnocATION OF RADIOS. Metricom understands and acknowledge that City may require Metricom to relocate one or more of its Radios, and Mftneom shall at City's direction relocate such Radios at Metricom' s sole c t and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, compl~on, ttpall', reloabon, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals , or other Municipal Facilities; or (c) to protect or preserve the public health or safety . 1n any such case, and to the extent practicable in connection with the City's plans, City shall u,e its best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 1~12:!lf'M •• ...... •. •· • 0 - • • - • • 0 t• - 5.2 Damage to Public Way. Whenever the installation, repair, removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the public way to be damaged, Metricom, at its sole cost and expense, shall promptly repair the public way, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the direct costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment and supporting documentation by the City, Metricom shall promptly reimburse the City for such costs. Metricom shall act diligently and without delay to repair, regardless of time of day, any safety hazard that occurs involving Metricom's equipment and plant. 6 INDEMNIFICATION AND WAIVER . Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, board members, commissioners, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense {collectively, the "Losses") directly or proximately resulting from Metricom' s activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, board members, commissioners, officers, employees, agents, or contractors. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event ~r occurrence which is beyond the reasonable control of the City . · 6.2 limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount not less than One Million Dollars {$1,000,000) per occurrence {combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars {$1,000,000) annual aggregate for each personal injury liability and products-completed operations. .. - R.ifl11-<f-W., u. "l--•1 City af E,.,,..._ :: Mt,,_ IIIC. ,.,.,u 1~12.:5ZPM ,. - • .. I· • , - - • • • • • • • Such insurance policies shall list the City, its council members, board members, commissioners, officers, and employees as additional insureds as respects any covered liability arising out of Metricom' s performance of work under this Use Agreement Coverage shall be in an occurrence fonn and in accordance with the limits and provisions specified herein. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall tile with the City the required original certificate(s) of insurance with endorsements, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in§ 8 below . 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the tenn of this Use Agreement statutorily required workers' compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Colorado and shall be rated at least 8+:XIII in A.M. Best & Company's Insunma Guide . Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. ·: r,-,t· • • I • -• ...... •. •· • 0 I 2X • • • ,. - 0 I • • 7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or '"separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 8 Nanas. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if to the City: CITY OF ENGLEWOOD Attn: City Oerk 3400 South Elati Street Englewood, CO 80110 if to Metricom: METRICOM, INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written.notice to the other party delivered in the manner set forth above . 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. Notwithstanding the provisions regarding the opportunity to cure defaults, the City may terminate this Use Agreement if (a) Metricom becomes • ...... •. .. I· ' - • • • • 0 • insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; (b) M~com attempts to or does practice any fraud or deceit in its conduct or relations with the City under this Use Agreement; or (c) the City condemns substantially all of the property of Metricom within the City by lawful exercise of eminent domain. 10 AsSICNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 10.1 Change in Control. The provisions of this § 10 shall also apply to a change in control of Metricom involving the transfer of fifty-one percent (51 % ) or more of the voting shares of Metricom by any one person or entity or group of persons or entities under common control. It shall not be deemed reasonable for the City to withhold its consent to any such proposed transfer, provided that (i) any such transferee will have a financial strength after the proposed transfer at least equal to that of Metricom prior to the transfer, (ii) any such transferee assumes all the obligations of Metricom hereunder, and (iii) Metricom shall not be released from the obligations of this Use Agreement by virtue of such transfer; unless the proposed transferee has a record of performance under similar agreements which is unacceptable to the City under a reasonable standard of evaluation. Lack of prior specific experience in administering a system providing the Services described in this Use Agreement shall not, by itself, be deemed a reasonable basis for refusing or conditioning the City's consent. Metricom shall give to the City written notice of any proposed transfer for which notice is required hereunder and will provide the City with whatever documentation the City may reasonably require to evaluate the proposed transfer. The City agrees to respond to any request for its consent hereunder within one hundred twenty (120) days after receipt of such request. If the City fails to grant its consent within such one-hundred-twenty-day period; the City shall be deemed to have granted its consent to the proposed transfer . 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Rights of Way or any Municipal Facility and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Rights of Way and on Municipal Facilities; however, City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications •·P'-of~ u,, Apwi,t Oty of E~ :: Mrtrico.. /11e. ,ap1Zof1S 14'&W 12:52 PM • .. •· • 0 '32xl - • • 0 r~ • equipment or devices in the Public Rights of Way or on Municipal Facilities and to obtain written assurance from the proponent of such installation that its installation or operation will not interfere with any of Metricom' s existing operations. In addition, City agrees to advise other providers of telecommunications services of the presence or planned deployment of the Radios in the Public Rights of Way and/ or on Municipal Facilities. 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 873-3468 regarding such problems or complaints. 11.S Governing Law; Arbitration. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado, without reference to its conflicts of law principles. Any claim, controversy, or dispute arising out of this Use Agreement shall be submitted to mandatory mediation in accordance with the applicable rules of the American Arbitration Association before either party shall file any lawsuit in connection with this Use Agreement. The mediation shall be conducted in the county where the City is located. There shall be no discovery other than the exchange of information which is provided to the mediator by the parties. The parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to arbitration or litigation, the prevailing party shall be entitled to recover its costs of such action, including reasonable attorneys' fees . l~ll:Sll'M • ' ,,, - •· • , - • • • • <. • 11.7 Exhibib. All exhibits referred to in this Use Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Use Agreement are by such reference incorporated in this Use Agreement and shall be deemed a part of this Use Agreement. 11.8 Successors and Assigns. This Use Agreement is binding upon the successors and assigns of the parties hereto. 11.9 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 11.10 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.11 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.12 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above . In addition, Gty specifically represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to § 4.1 above. 11.13 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. • • • - - • • . . Jn mttnus adJa'm{. and in order to bind themselves legally to the terms and conditions of this Use Agreement. the duly authorized representatives of the parties have executed this Use Agn!enlent as of the Effective Date. City: CITY OF ENGLEWOOD, a Colorado municipal corporation By: ThornasJ.Burns,~yor Attat: Loucrishia A. Ellis, City Oerk Metricom : METRICOM, INC., a Delaware corporation Br--~::.~ Its: =Coe,,,...& VPAc:tmiM&n •' DflllloJJa al • _, • I .. D • • 0 I I - • • 0 I • • <. COUNCIL COMMUNICATION Date Agenda Item Subfect Amend Cultural Arts Commission ordinance to November 16, 1998 11 a ii remove sunset provision Initiated By Staff Sources Jerrell Black, Director of Parks and Recreation Cultural Arts Commission Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance #5, series of 1996, creating a Cultural Arts Commission for the City of Englewood. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance which would amend Ordinance #5, series 1996 by removing the sunset provision . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11FED The Cultural Arts Commission was established in 1996 to address the Cultural Arts issues and needs of the City of Englewood. The Commission has been active in community iuues related to the arts, including the Cinderella City redevelopment, the Museum of Outdoor Arts , cultural plaMing and development of an Art in Public Places program to name a few. The Commission would like to continue its work in support of the arts for the Englewood community. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for an Ordinance Council Ordinance #5, series of 1996, creating the Cultural Arts Commission ,,,_ ' , .. I. . 0 I -• • • E. APPLY FOR AND ACCEPI' GI1TS, GRANTS, FUNDS, CONTRIBUTIONS AND BEQUESTS IN FUllTHERANCE OF THE PURPOSES OF TIDS ARTICLE FROII INDIVIDUALS AND PUBLIC AND PRIVATE ENTlTIBS, AGENCIES, FOUNDATIONS, TRUSTS, CORPORATIONS AND OTHE1l ORGANIZATIONS OR INSTITUTIONS. F . THE COMMISSION SHALL SUBIIIT TO CITY COUNCll., NO LESS THAN ANNUALLY, A SUIOIAllY OF ACl'IVITIES AND A PROGBBSS REPORT IN ADDfflON TO ANY OTBEll llA'ITEltS OF CONCEBN TO CITY COUNCU.. G. SUCH OTHER POWERS AND DUTIES AS ARE APPROPRIATE IN CARRYING OUT THE PUBPOSES OF TIDS CHAPl'D AND AS SET FORTH IN REPORTS OR RECOMMENDATIONS ADOPTED BY CITY COUNCIL. 2-9-7: APPOINTIIBNTOF OfflCBBSAND ADOP110N OF IWLBS. A. THE COMMISSION SHALL ORGANIZE, ADOPI' ADMINISTRATIVE RULES AND PROCEDURES AND ELECT FROM rrs IIEIIBEBS SUCH OFFICERS AS IT SHALL DEEM NECESSARY TO ACCOMPLISH rrs PURPOSES. OFFICERS OF THE COMMISSION SHALL BE ELECTED FOR ONE-YEAR TERIIS. NO OFFICD SHALL SERVE IN THE SAME CAPACITY FOR IIORE THAN TWO (2) CONSECUTIVE TERMS. B. THE CHAIRPERSON IIAY APPOINT SUCH STANDING OR SPECIAL COMMITTEES PROII THE IIEIIBEBSHIP OF THE COIOIISSION AS THE COIDIISSION SHALL DETDIIINE NECJ:SSARY OR USEFUL IN CARRYING OUT rrs PUllPOSBS AND POWERS. THE PURPOSE, TERM AND IIENBEBS OF EACH COIIIIITTEE SHALL BE DETERMINED BY THE CHAIRPERSON . 2-9-8: SUN8BT PBOVIIIION. THE CULTURAL ARTS COIOIISSION AND THE PROVISIONS OF TITLE 2, CHAPTER 9 SHALL TERMINATE IN FIVE (5) YEARS UNLESS THE COMMISSION AND THE PROVISIONS OF TITLE 2, CHAPTER 9 ARE RENEWED BY COUNCIL ORDINANCI;. Introduced , read in full, amendad ad puaed cm ftnt nadin, cm the 5th day of February, 1996. -3- ,, - • I .. • • 0 -• • .. ----- Publilbed u IIID8Dded a Bm llr u ~ • tbe 8th day of February, 1996. Beed bJ title ad ,-ed • tbw nadiac • tbl :IOth day afFlllruar7, 1996. PublilW by title u OrcliDace No. 1, S... of 1996, cm tbl Did day of February, 1996 . · -4- 'I • • .. • • 0 f 32xl - ' . -,. • ORDINANCE NO. '5 SERIFS OF 1996 • 0 • BY AUTHORITY ,~ 11 bii COUNCll. BILL NO. , INTRODUCED BY COUNCU.. MEMBER HABENICHT AN ORDINANCE CREATING A CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, uta and c:ultural activities are important to the very eueace aftbe City of Englewood'• community; and WHEREAS, the City Council reco,nizes that art and c:ultunl activitiea are necessary components of the community; and WHEREAS , a separate commiuion ii neceuary to addreu the specific iNues of art and c:ulture; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Scc;tigp 1. The City Council of the City ofEqlewood hereby approves amendmc Title 2, of the Englewood Municipal Code 1985, by addinc a new Cb.apter 9 establishing the Cultural Arta Commiuion, which lhall read u follows: 2-9 : CULTURAL ARTS COllOll8SION. 2-9-1 : PVBPOSE. THERE IS HEREBY CREATED A CULTURAL ARTS COMMISSION . THE PURPOSE OF THIS COMMISSION IS TO PROVIDE FOR ONGOING SYSTEMATIC PLANNING FOR THE DEVELOPMENT OF CULTURAL ARTS ACTIVITIES WITIUN THE CITY OF ENGLEWOOD AND TO IMPLEMENT AN ARTS PLAN. 2-9-2 : DEFINl'l10N8. WHEN USED IN THIS TITLE, THE FOLLOWING WORDS OR PHRASES SIW.L HAVE THE FOLLOWING MEANINGS : ARTS COMMUNITY SIW.L MEAN PERSONS WHO CREATE ART OR WHO HA VE SERVED ON ARTS ORGANIZATION BOARDS, EITHER ADVISING OR GOVERNING, OR WHO ARE INVOLVED IN ARTS EDUCATION OR ARTS ADMINISTRATION AND SHALL INCLUDE REPRESENTATIVES OF BUSINESSES OR OTBEll ORGANIZATIONS WITH AN INTEREST IN PROMOTING THE ARTS . -1- • ,- • . ' •· • 0 - • ARTS PLAN COMMISSION • 0 I • • SHALL MEAN THE PLAN ESTABLISHED BY THE ENGLEWOOD CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD . SHALL MEAN THE ENGLEWOOD CULTURAL ARTS COMMISSION. 2-9-3: COMPOSl'DON AND MBMBERSIOP. THE CULTURAL ARTS COMMISSION SHALL BE COMPOSED OF SEVEN (7) MEMBERS, WHO SHALL BE APPOINTED BY THE CITY COUNCIL AND SHALL SERVE FOR A PERIOD OF THREE (3) YEARS. COMMISSION MEMBERS SHALL BE DRAWN FROM ACTIVE PARTICIPANTS IN VARIOUS ASPECl'S OF THE ARTS COMMUNITY. 2-9-4: TERMS OF MEMBERS. THE TERM OF OFFICE OF THE MEMBERS FIRST APPOINTED TO THE CULTURAL ARTS COMMISSION SHALL BE THREE (3) MEMBERS FOR A TERM OF THREE (3) YEARS, TWO (2) MEMBERS FOR A TERM OF TWO (2) YEARS, AND TWO (2) MEMBERS FOR A TERM OF ONE (1) YEAR. THEREAFTER, ALL SUBSEQUENT APPOINTMENTS SHALL BE FOR A TERM OF THREE (3) YEARS . NO PERSON SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS ON THE CULTURAL ARTS COMMISSION . 2-9-5 : COMPENSADON. A . THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION . B. REASONABLE EXPENSES DIRECTLY RELATED TO PERFORMING THE DUTIES OF THE COMMISSION SHALL BE ALLOWED . 2-9-6 : POWERS AND Dtrl'IES. THE CULTURAL ARTS COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES : A. SET PRIORITIES FOR THE IMPLEMENTATION OF THE ARTS PLAN, INCLUDING AN ANNUAL REVIEW OF THE PLAN . B. PLAN AND COORDINATE THE IMPLEMENTATION OF THE ARTS PLAN IN COOPERATION WITH THE COMMUNITY . C. PROMOTE ACCESS AND SUPPORT FOR A VARIETY OF CULTURAL ARTS PROGRAMS TO ALL POPULATIONS AND SECTIONS OF THE CITY. D. INITIATE, SPONSOR, OR CONDUCT, IN COOPERATION WITH OTHER PUBUC OR PRIVATE ORGANIZATIONS, PROGRAMS TO FURTHER THE DEVELOPMENT AND PUBUC AWARENESS or. AND INTEREST IN, THE CULTURAL ARTS INCLUDING, BUT NOT UMITED TO, THE GOALS AND OBJECTIVES OF THE ARTS PLAN. -2- • ...... - ,. - • . .. •· • 0 - .. • ORDINANCE NO . SERIES OF 1998 • • • (, BY AUTHORITY A BILL FOR COIJHCIL BILL NO. 76 =:~ AN ORDINANCE RBPBALING TITLI 2, CIIAPTD 9, SBCl'ION 8, BNGLBWOOD MUNICIPAL CODE 1985, PERTAINING TO THE SUNSET PROVISION FOR THE CULTURAL ARTS COMMISSION. WHEREAS, a Cultural Arts Commission was created by Ordinance No . 5, Series of 1996; and WHEREAS , according to Section 2-9-8 , the Cultural Arts Commission shall terminate in five years unless the Commission and provisions of said Chapter are renewed by Council Ordinance; and WHEREAS , the Cultural Arts Commission and the Englewood City Council wish to delete the sunset provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood ,. Colorado, hereby authorizes the elimination of the sunset provision by repealing Title 2, Chapter 9, Section 8 , Englewood Municipal Code 1985 . Introduced, read in full, and passed on first readi.Jw on the 16th day of November, 1998. Published as a Bill for an Ordinance on the 20th day of November, 1998. Thoma• J . Burne, Mayor ATTEST: Loucriahia A. Ellis , City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Enclewoocl. Colorado, hereby certify that the above and foregoin& ia a true copy of a Bill lor an ~. introduced. read in full, and passed on first readin& on the 16th day of November 1998. Loucriabia A. Ellia -1- . , - .. I· • 0 '32xl - ,. OIIDINANCE NO._ SERIES OF 1998 '· • • - BY AUTHORITY COUNCIL BILL NO . 55 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE REZONING FROM R-1-A SINGLE-FAMILY RESIDENCE, TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATBD AT IOl6 SOUTH UNIVERSITY. WHEREAS, Heartland Group of Companies and Davis Partnership, P .C . submitted a P .U.D. application to rezone &om R-l·A, Single-family Residence to a P .U .D.; and WHEREAS, the subject site is composed of two separat.e parcels of land: one consisting of 1.03 acres in ei7.e and is currently vacant and the second parcel is 1.35 acres in siz.e and is currently developed with God's Miracle Church; and WHEREAS the proposed mortuary is not a permitted use in the R-1-A Zone District, but can be permitted if the rezoning to P .U .D . is approved because the rezoning proceBB provides specificity on permitted uses and sit.e amenities; and WHEREAS, the proposed P.U.D, will be developed as a mortuary/chapel use in conjunction with the existing God's Miracle Church; and WHEREAS, the proposed P .U .D. dift'ere &om the current R-l·A Single Family Residence District zoning of the site in that mortuary is proposed as a permitted uae; and WHEREAS, the Englewood Planning and Zoning Commiaaion held a Public Hearing on August 4, 1998 reviewed the propoaal and found: 1. The P.U.D. District Plan ill in conformance with the diatrict plan requirements and the comprehensive plan; and 2. All required documents, drawings, referrals, recommendations, and approvala have been received; and 3. The P .U.D . District Plan ill conaiatent with adopted and generally accepted 1tandarda of development in the City of Englewood; and 4 . The P .U .D . Di1trict Plan is aubatantially consistent with the goala, objectivea, deaign guidelines, policiea, and any other ordinance, law or requirement of the City; and 5 . The P .U .D . Site Plan is in conformance with the Dilltrict Plan Requirementa; and -1- . , • 11 b I .. • • 0 , I -• • ·, • 6 . All required documents, drawings, referrals, recommendations, and approvals have been received; and 7 . The P .U.D . Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood ; and 8 . The P .U .D. Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City; and 9. That the application to rewne 2.3 acres on the northwest comer of the East Dartmouth Avenue/South University Boulevard intersection from R-1-A, Single-family Residence . to Planned Unit Development and the development of s Newcomer Mortuary in conjunction with the existing Church, is a reasonable use of the subject properties. 10 . The Planning and Zoning Commission approved the P .U .D . tiled by Davis Partnership P .C ., Architects, and Heartland Group of Companies, for property at 3095 South University Boulevard,, with the caveat that the applicant muat own the property ; if, for any reason, the applicant does not get title to the property, said P .U.D . will become null and void. WHEREAS, the Englewood Planning and Zoning Commission recommended approval with additional conditions to the P .U.D.; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: $ect,ion 1. The Englewood City Council finds that: 1. The P .U.D . Diatrict Plan is in conformance with the diatrict plan requirementa and the comprehemive plan; and 2. All required documenta, drawinp, referrala, recommendations, and approvala have been received; and 3. The P .U .D. District Plan ia consistent with adopted and generally accepted standards of dewlopment in the City of Enclewood; and 4 . The P .U .D. District Plan is substantially conaiatent with the goala, objectives , deaign guidelines, policiea, and any other ordinance. law or requirement of the City; and 5 . The P.U.D. Site Plan ia in conformance with the District Plan Requirementll; and 6 . All required documentll, drawinp, referrala, recommendations, and approvala have been received; and -2- . . .. • • 0 I ? I -• • (• • 7 . The P .U.D. Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood ; and 8 . The P .U.D. Site Plan is substantially consistent with the goals , objectives and policies and/or any other ordinance, law or requirement of the City; and 9 . That the application to rezone 2.3 acres on the northwest corner of the East Dartmouth Avenue/South University Boulevard intersection from R-1-A , Single-family Residence . to Planned Unit Development and the development of a Newcomer Mortuary in conjunction with the existing Church, is a reasonable use of the subject properties. • Section 2. The Planned Unit Development attached as "Exhibit A" for 3095 South University Boulevard is approved with the following condition: The Planning and Zoning Commiuion approved the P .U.D. filed by Davis Partnership P .C., Architects, and Heartland Group of Companies, for property at 3095 South University Boulevard,, with the caveat that the applicant muat own the property; if, for any reason, the applicant does not get title to the property, said P .U.D. will become null and void . Introduced, read in full , and paaaed on fi.nt readinc on the 5th day of October, 1998 . Published as a Bill for an Ordinance on the ~ day of October. 1998 . A Public Hearinc wu held on November 2, 1998 . Read by title and paaaed on final readinc on the 16th day of November, 1998 . Publiahed by title as Ordinance No. ~ Seriea of 1998, on the 20th day of November, 1998 . ATTEST : Thomu J . Burna, Mayor Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Enclewood , Colorado , hereby certify that the above and foregoing ia a true copy of the Ordinance paaaed on final readinc and published by title as Ordinance No . ~ Series of 1998. Loucriahia A. Ellis -3- .. ... •· • 0 r ~,, I - • • • • - ITEM PUO ,. P(!Unto ••••:iPt.t uses ..................................................................... _._/ ,__ ---(-) ... --~ 11NCL(-IMILY OCU.,C.S --(DUCA---.c ..--rac,.rro C ......... LOT MIU F'Olt P£"9ilfff'EO US[ 1. ,aNGL[-f....._Y DWlLLJNGS..-, .................... _ •• , •..• -............................ 1 ,000 10. n . 1. M.L O'TK" PUNmto "9rCINl. usu .................... -·-···-··· .. ······· 2•.000 sa. n . D.rt.DDlt- , SINGl.l-1' .... ,. oac.LUNCS .. ·······-····· ......................................... --,.100 ta. n . 1, .... 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'STOIUGI MDS ................................................................................. t •· LOCAf[O IN "lA't OI LOT ,. IIIIUtMIII T'OT,lf. 'lOOII 1111(.A. ............................................... 190 SO. n . c • ......,.. Ml:ICMf .................................................................. 10• • .......,.. SID[ YAIIO ................................ _ .............................. S' e ......... ~ YAIID ............................................................... S' .J OTMI• .tCCISSOl"t $TIIUCTUll[5. .................................... -................ I e. LOCArtO • ~ OIi LOf" • _,.. !OT .. II.DOit <IIIIA. ................. _ ........................... ICIII SO. "· c .......... M(IGNf ......... -....................................................... IJ' .. ---.. ............................................. ___ ...... ,. •· .....,.. ..,._ ., .................... -......................... -............... s· ·--•. -or -. ........................................................... , . 'l-·----.... 'IIC-UIUII DC>ffl'(ID)-,at c. "[1IWn[D .. ffll('I GIIOUNO 10rfl NO IIOlll MIN ,a• • ICO« ...., swat.L • ..,. e,icw: ,a· ,..,.. ,_ ....ran l tJW ,,, -. ' k I ~· T A .. • • • 0 ..... '32xl • 0 • ' R-I A • • • J'' I I ' a ' I I t. ' ,i\ ' l I ~ . . ~I . . I I ' ' I ' ' I -GUO ~"" lie ~u • • • 0 ' - • • J • • 0 ·, • COUNCIL COMMUNICATION - Date Agenda ttem Subject Supplemental appropriation and transfer of funds from the General Fund to the Englewood Environmental November 16, 1998 11 Ci Foundation, Inc. Initiated By I Staff Sources Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed an interest in proceeding with an accelerated Cinderella City site preparation plan. The accelerated plan includes additional environmental remediation , demolition, fill material, and construction of Inca North . City Council discussed the plan at a study session on June 1, 1998. City Council has been updated regularly on the progress of the site preparation efforts. The value of the property after demolition of the property is estimated between $10.5 and $12.5 million. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff recommends City Council approve the attached resolution transferring and appropriating funds to the Englewood Environmental Foundation. The sources and uses of these funds are: SOURCE OF FUNDS: GENERAL FUND: Unreserved/Undesignated Fund Balance $1,505,000 USE OF FUNDS: Transfers out to Capital Projects Fund $1,505 ,000 SOURCE OF FUNDS: CAPITAL PROJECTS FUND: Transfers in from General Fund $1,505,000 USE OF FUNDS: Transfer to EEF for Cinderella City site preparation $1,505,000 These additional funds are requested so a demolition contract with Cleveland Wrecking to complete the portion of deck that is contained in the Economic Development Authority (EDA ) grant can be completed . Other land development funds will be appropriated as needed . A current budget for the site preparation is attached. The additional environmental costa include $200,000 for bulbs and ballasts; $186,000 for Joslin's base bid, and remainder is for asbestos abatement. Staff believes that Equitable is is responsible for $2,000,000 of the additional remediation , but no claim wll be submitted until all the costs are known . The City anticipates the Economic Development Authority (EDA) and the Regional Transportation District (RTO) will join the City of Englewood in providing funding for this project. .. •· • 0 '32xl - ENGLEWOOD ENVIRCNolENTAL FOUNDATION , INC . LAND DEVELOPMENT IIUOGET LANO COST DEMOLITION ADDITIONAL 11BED1A T10N FILL INCASTREET FOLEY'S ARCHITECT T01'AU LESS : OOLDIINE SITE SOUTIMEST DECK FOLEY'S ARCHITECT (COP) T01'M........, 11 ,110,CIOO 14,CIOO,CIOO IGS.OIIO 11 ,11111,CIOO SIIIO,CIOO 1125,CIOO ...... 12,011,CIOO •• 505,CIOO 12,518,CIOO 13,121,000 -.ooo ... 000 ........ • • • SCll.000 POIIIIL Y CLOSED IY tM 11,505.000 INCWOES 1W DECK DEIIOUTION ... - 12,oa,CIOO INCWOES EQUITMLE IIEaPONSaJTY ESTIIMTE IS 12,CIOO,CIOO a.era.mo -.oao •• CICIO 11,711,IN (IG.OIIII) ($1 ,CIOO,OIIII) .m:e . . • • 0 , ->~VI - - • • MIOWl'ION NO/~ SERIES OF 1998 • • • A DSOUJTION POR fflE SUPPLBYBNTAL APPROPRIATION A.ND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR AN ACCELBRATBD CINDDBLLA CITY SlTB PBBPARATION PLAN. WHEREAS, the City Council of the City of Enc)ewood, Colorado approved the City of Englewood's 1998 Budget on October 20, 1997; and WHEREAS, the passage of this Reaolution will appropriate the funds needed for the accelerated Cinderella City site preparation plan which indulges additional environmental remediation, demolition, fill material and construction of Inca Street North; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : $ection l. The City of Englewood 1998 Budget is hereby amended as follows : GENERALFUND: Soun;e of Fnnde: Unreserved/Undesignated Fund Balance u., of Fund,· Transfers out to Capital Projects Fund CAPITAL PROJECTS FUND: Soursz of Fuode: Transfers in &om General Fund U1e of Funde : Transfers to Englewood Environmental Foundation for Cinderella City site preparation as needed . $1,505,000 $1,505,000 $1 ,505,000 $1,505,000 Sect.ion 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 16th of November, 1998. ATTEST: Thomu J . Burm, Mayor Loucrishia A. Ellis, City Clerk .. • t • . • • 0 '32xl - - • ,. • I• • <. I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucrishia A . Ellis -,. ~ • . .. ' • • 0 , "2'.> V I - • • 0 - COUNCIL COMMUNICATION Date Agenda Item Subieet Award contract for design of r 11 ell "South Broadway Widening and November 16, 1998 Medians· Initiated By Department of Public Works I Staff Sources Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovemmental cooperation on projects which benefit all parties. Council approved Resolution No. 3, Series 1996, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA) on January 2, 1996. Council approved an lntergovemmental Agreement with the Colorado Department of Transportation (COOT), Ordinance No. 41, Series of 1998, covering financial commitments related to the design of "South Broadway Widening and Medians". RECOMMENDED ACTION Staff recommends Council approve a nlGllan ~ lhe Director of Public Works to sign a design contract wilh URS GNlner, Inc •• for an amount not to exceed $470,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Denver Regional Council of Govemments (DRCOG) approved "South Broadway Widening and Medians" as an exchange for the "Broadway/ U .S. 285 Interchange" project in 1997. Funding for design is included in the State Transportation Improvement Program for fiscal year 1998. Project limits are U.S. 285 to Yale Ave. The lntergovermental Agreement approved by Council in August, 1998 requires the City use, as a minimum, Federal and State requirements when selecting consultants. The request for consultant services was properly advertised from September 29., to October 13.,. Ten firms submitted proposals for the design project. The City's selection committee short listed four firms for interviews and selected URS Greiner, Inc . to design the project. A final scope of work and design cost estimate is being negotiated with URS and COOT. COOT has agreed to contribute half of our local match for this project in exchange for the abandonment of South Broadway, as a State Highway, from U.S. 285 south to the City Limit. COOT is preparing an agreement for the abandonment of South Broadway, which will be brought to Council this year . The abandonment agreement will include Coors commitment of one-half the local match for the Broadway Widening project and $130,000 for 3 years of maintenance on South Broadway, standard with discontinuing a roadway as a State Highway . Design of the project is being coordinated with information developed through the South Broadway Action Plan . URS Greiner will schedule meetings with business owners and other interested groups affected by the project. Construction of the project is scheduled to begin late summer of 1999. An intergovemmental agreement regarding funding for construction will be brought to council in 1999, as ISTEA funding becomes available. .. -...... • •· • C - • • • I• • CONTRACT FOR PROfPSIQNAL SERVICES CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this __ day of • ___ , 1998 by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the •city•, party of the first part, and URS Greiner, Inc., hereinafter referred to as the •consultant•, party of the second part, for the following: PROJECT: loutb aroadway WidelliDg aa4 llecliaaa WHEREAS, propoaala have been received by the Mayor and City Council and have been certified by the Director of Public Worka to the Mayor and City Council with a recommendation that a contract for aaid work be awarded to the above named Consultant, and WHEREAS, purauant to aaid recommendation the Contract has been awarded to the above named Conault1111t by the Mayor and City Council and aaid C01111ultant i a now willing and able to perform all of aaid work in accordance with the proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreement& hereinafter contained are aubject the terms hereinafter atated: A. contract pocugnu, It ia agreed by the partiH hereto that the following liat of instruments, drawings and docuaenta which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either aa the Contract Document& or the Contract and all of said instrument&, drawings, and docuaeata taken together as a whole c01111titute the Contract between the parties hereto and they are as fully a part of this ag~t as if they -re sat out verbatim and in full herein: Proposal Contract (this ins trument) Plana and Drawing• RNL Facilities Report Scope of Service& (attached) B. City Obligation• / Confi4Mtiality : The City ahall provide Consultant with reports and such other data as may be available to the City and reasonably required by C01111ultant to perform hereunder . No project information ahall be diacloaed by C01111ultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such diacloaure. All ~ta provi4-d by the City to C01111ultant shall be returned to the City. Consultant i• authorized by the City to retain copies of such data and materials at Consultant's expense. c . Sc9P1 gf S•ryicea : The Consultant agreea to and shall furnish all labor, toola, auppliea, equipment, materials and everything necessary for and required to do, perform and C0111Plete all the work deacribed, drawn , aet forth , ahown and included in attached Scope of Services. 1 .. • • 0 , - • • • • o. Indemnification: The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by the negligent act of omission, error, professional error, mistake, accident, or other fault of the Consultant , any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant. The obligations of this Section o . shall not apply to damages which the City shall become liable by final judgment to pay a third party as the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of the City of Englewood. B . Terms of Performance : The Consultant agrees to undertake the performance of the work under this Amendment to Contract within ten (10) days from being notified to connence work by the Director of Public Works and agrees to fully complete said work within the time frame detailed in the attached Scope of Services, plus such extension or extensions of time as may be granted by the Director of Public Works. F . ownership of Work Product: Upon payment to Consultant pursuant to this Agreement, all work, data, drawings, designs, plans , reports, computer programs (non-proprietary), computer input and output, analyses, maps, or any other materials developed for this project are and shall be the sole and exclusive property of the City . However, any reuse of the documents by the City without prior written authorization by Consultant other than for the specific intended purpose of this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it has retained during which time the City may take physical poaaeaaion of same at the storage site . G. Term, of Payment: The City agrees to pay the Consultant for the performance of all the work required under this contract, and the Consultant agrees to accept aa his full and only c0111pen&ation therefore, such sum or awna of money aa may be proper in accordance with the price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof, the total coat thereof not to exceed four hundered seventy thousand dollars ($470,000.00). H. Appropriation of fµndf : At present, $470,ooo has been appropriated for the project . Notwithatanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available . The City shall innediately notify URS Greiner, Inc . or its assignee of such occurrence in the event of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and becoae the sole property of the City prior to payment for services rendered . -• ..... • . "' I • • C - • • 0 , . • • I . Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. J . Laws to be Observed: The Consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws, ordinances, regulations, and decrees, and shall protect and indemnify the City against any claim or liability arising solely from or based solely on the violations of any such law, ordinance, regulation, order or decree, whether by itself, its subconaultanta, agents or employees. K. Termination and Assignment of Contract: The consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. It is the intent hereunder to secure the personal services of the Consultant, in manner aforesaid, and this contract shall not be assigned, sublet or transferred without the consent, in writing of the City . M. Inspections, Reviews and Audits : During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the City, and permit duly authorized agents and employees of the City to enter the Consultant's offices for the purpose of inspections, reviews and audits during the normal working hours . Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places . Consultant and its subconaultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to coat incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the City, or any authorized representatives of the City, and copies thereof shall be furnished if requested. N. Dispute•: Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Public Works Director for the City of Inglewood. The decision of tha Public Works Director will be final and concluaive unless, within 30 days after the date of receipt of a copy of such written decision, the Consultant mails or otherwise furnishes to the City a written appeal addressed to the Public Works Director of the City of Englewood. In l ·• •• ... • • • C - • • connection with any appeal proceeding under thi• clauae, the Conaultant shall be afforded an opportunity to be heard and to offer evidence in aupport of its appeal. Pending final deciaion of a dispute hereunder, the Consultant ahall proceed diligently with the performance of the contract in accordance with the Public Work• Director'• deciaion. The deciaion of the Public Worka Director or hie duly authorized representative for the determination of auch appeal• will be final and concluaive. Thia diaputea clauae doe• not preclude consideration of queations of law in connection with deciaions provided for in Paragraph above. lfothing in thia contract, however, ahall be construed aa malting final the deciaion of any adminiatrative official, repreaentative, or board on a queation of law. DI WITNBSS WIIBRBOP, the partiea have cauaed theae preaenta to be aigned peraonally or by their duly authorized officer• or agent• and their aeala affixed and duly attested the day and year firat above written. Thia Contract ia executed in 3 counterpart•. CITY OP BIIGLBWOOD by =DTi-re_c....,..t_o_r_o-..f""Pub:-,..-lrirc--:lfo:a-r-,kar----- Party of the Pirat Part Consultant by "P_a_rt.,.....y-o .. f....,..t.-he-S""e-c-ond-,-,P=-a-rt-,---- ' . , J .. ., • • 0 , ){ I - • • u • 0 I • • <. ~ . f/JrJJ {j/(t)_ , -1i:( ~ /AhlJt; ~ AGENDA FOR THE 1. 2. 3. REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 16, 1998 Call to order. ? -1/;;,~ Invocation. I}~ Pledge of Allegiance. ~ 7:30 P.M . 4 . Roll Call. ? ~ 5. Minutes. • ~ 'l-t:J Minutes from the Regular City CounGil meeting of November 2, 1998. ~ /Jp;---- 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) 7. 8 . 9 . 10. a . Olga Wolosyn, Chair of the Englewood Cultural Arts Commission, will address Council concerning the sunset provision of the Cultural Arts Commission Ordinance (agenda item 11 a ii). Non-Scheduled Visitors. (Please limit your presentation to five minutes.) +··-·---· Public Hearing . Co% r;. ~ /]~. I.AA~ 1 Jo q / i ,· 1-11/ nsent "Jn!!Jj/ '-{} / l[l...,,(FV'[...(J.. ,, a. App'1:Ii; Ordinances on t Reading. i. COUNCIL BIU NO. 73 -Recommendation from the Department of Safety Services to adopt a bin for an ordinance authorizing the appointment of additional Fire Division administrative positions outside the Career Service System. STAFF SOURCES: Chrta OINn, Dlrec:tar of Wy ......_ and Kieth Lockwood, Dtvleion Chief. Plewna19: .,.. .... 111,,,.., ........ ...., ....... 1111,,, ....... nalfW .. CIJel•••ood (30S-112-Mll)al ....... houralnadwanoaal .................. ,...,... • • ' •. .. ., •· • 0 '32xl - • • • • 0 • Englewood City Council Agenda Nowmber 16, 1998 Page2 b . c. ii. COUNCIL BILL NO. 78 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance approving a short term lease with Sato's Flowers for use of a portion of the Home Lumber property. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. iii. COUNCIL BILL NO. n -Recommendation from the Department of Safety Services to adopt a bill for an ordinance 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. STAFF SOURCE: Lieutenant Byron Wicka. Appr~Ordinances on Second Reading. Reffnd Motions. 11. Regular Agenda. Approval of Ordinances on Second Reading . .J J, 'i5() i. Council Bill No. 55, approving the rezoning from R-1-A Single-Family f?' Residence, to Planl)!d ~n1 Deyek>Pment (PUD) for property located at 3095 South University. ~ /~!{) Resolutions and Motions . ii . Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds from the General Fund to the Englewood Environmental Foundation for Cinderella City redevelopment. SJ¥i~ ~R~:.~~lewlcz, Director of Safety Services. /t5 ~ Recommendation from the Department of Public Works to approve, by motion, authorization for the Director of Public Works to sign a design contract with URS Greiner, Inc. for an amount not to exceed $470,000 for South Broadway Widening and~-~~ J.O"A~ CharlN Eeterly, Director of Public Worb/g ~ · PINN nole: • you haw a dleabllly and IINd....., aide or •4l1a11, ,..._ nallly 1w ca, ol lllll••ood (303-1U-240l)at ...... houn In advanoe °'"'*' ................ '-* ,au. • ...... - •. ' .. • • • 0 '32xl - • • • • • '· ... ~ &lglewood City Counc11 Agenda tbMlnber 16, 1998 Page3 12. General Discussion. a . Mayor's Choice. c)S /~ .--~ ~ b. Council_ ... ...__ ~ ~ 1/#311.~ 13. City Manager's Report. a . Englewood Center Update. The following minutes were transmitted to City Council between 10l30/98 and 11/12/98: • Englewood Housing Authority meeting of September 30, 1998 • Englewood Cultural Arts Commission meeting of October 7, 1998 • Englewood Clean, Green and Proud Commission meeting of October 13, 1998 • Englewood Public Library Board meeting of October 13, 1998 • Englewood Planning and Zoning Commission meeting of October 27, 1998 ....... ... : l,au..._ ••• ...., ........ _, ................. ..., .. ca, ......... ood (IOl-'ID-MOl)al ........ lloura In ......................... T'-*,-. ' . , .. • • 0 - • TO: FROM: DATE: SUBJECT: • • • Mayor Tom Bums Sue Bradshaw, Executive Assistant November 16, 1998 NLC Conference As requested, listed below are your anticipated expenses for the National league of Cities Conference in Kansas City, Missouri, on December 1-5, 1998. Registration Airfare/f ravel Hotel Meals Total $410.00 262.50 492.00 166.00 $1,330.50 If you need additional information, please let me know. Thanks . ' .. • • 0 r I • 0 • I • ... I· • • • - - • • I . . ' • . . \ . . ' • "' - - 0 ... • --- ------ ------ ' • .. . . . I . . C • ,,_ - 0 I • • ... . - • • • C ' • • • , • ,, - 0 1• . . ~ .• • ' • . ' ' . . • ,. . - 0 ,. • .. --- ---- • -- _\_ __ - • I· • ' • • ...... • • • • November 23, 1998 Special City Council Meeting Public Hearing -Cin City PUD . . • • 0