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Home My WebLink About1998-08-17 (Regular) Meeting Agenda• ]-•. • I• • <. 1- • .. 0 • • AUGUST 17, 1998 L MEETING REGULAR CITY0COUNCI. _/ /.58, 59, 60, 61 ORDINANCE * r. . r· 2 93, 94, 95, 96 y, ,.,(' 91 , 9 • * I I ;7")1 RESOLUTION • • • • 0 I - ·, • • News You Can Use A brief update on City happenings • • • From : Leigh Ann Hoffhines on 08/18/98 01 : 1 3 PM To: IAII E-Mail Users cc: Subject: NYCU ,, - I • A heartfelt thanks to all the employees who helped with this morning's Cinderella City Demolition Celebration. Parks and Public Works staff have been especially helpful, starting very earty this morning to set up for the big event. In addition, many staff members from several departments have been wor1tlng for weeks on signage, souvenirs, displays, and making sure the site was ready for this morning's event. The celebration was well-attended and well-organized, a tribute to all those who helped plan it. Your time and effort are greatly appreciated! Ht11'1 what blPRtotd at tbt Auaust 17tb cnv councH Mmina: Non-Scheduled Visitors -Art Emison and Robert Ohlson addressed Council Pybfic Hearing -No citizens attended the public hearing on a Bill for an Ordinance amending Paving District 38 . Coy,cl approvtd Jbt toHowjna motions -A motion approving the purchase of a Work Truck for the Utilities Department -A motion approving the extension of the City's Audit Engagement with Van Schooneveld and Company for Audit Years 1998 and 1999 -A motion approving a contract for tennis court resurfacing Coy,cl MPfPYICI the fplowjna onNoloGn gn flm [Hdi,a -A bill for an ordinance approving the sale of the Depot building to the Englewood Historical Society under an installment contract Councl IPP[OYtd the tplowjna ordiolocn on gcond readjna -Council Bill 41 , amending Paving District 38 -Council Bill 45, approving the sale of a property developed for Project Build -Council Bill 46, approving the purchase, under certain terms and conditions, of the Depot property from the Englewood Historical Society -Council Bill 4 7, approving the exchange of City-owned real property for real property owned by the Englewood Housing Authority under certain terms and conditions Councl IPP[OYU the fplowjna [ll9iutigna -A resolution establishing employee compensation for 1999. Just in case you're curious, the increases are as follows: City Manager, City Attorney, and Municipal Court Judge 3% • Directors, managerial/supervisory, and confidential employees 3 .5% Part-time benefit-eligible and unclassified benefit-eligible employees 3% • the City Manager and City Attorney shall receive an additional 2% as performance compensation • . .. • • • 0 \ • ,.. • . • ' .. \. -A resolution supporting the choice of the Englewood Environmental Foundation and Miller Weingarten as to a residential developer for the Cinderella City site -A resolution supporting the August 10, 1998 Master Plant proposed by the Englewood Environmental Foundation and Miller Weingarten for the Cinderella City site ,,_ ... yoyr 5"NJdNJ: August 22/23: Don't forget the Olde Tyme Fair this weekend at Miller Field -lots of old fashioned fun and entertainment-(Sponacnd by Parka & Recreationl Please share this information with people who might be interested but don't have e-mail . If you have any questions, comments, auggeations, or items you'd like me to include in upcoming editionS. please call . If you'd like to be excluded from the News You Can Use distribution list, call me, and I'll remove your name from the list. Thanks -Leigh Ann 1762-23161 • I • - • • • • .. I.NGLI.WOOD CITY COUNCIL ENGLEWOOD, ARAPAHOI. COUNTY, COLORADO lleplarS--- Aaplt 17, .,,. I. Call to Onler The regular meeting of the Englewood City Council was called IO order by Mayor Bums at 7 :3S p.m. 2 . lavocatioll The invocation was given by Council Member Nabholz. 3. Pledae ol AlleaiMce The P1cqe of Allegiance was led by Mayor Bums. 4 ... Cd Praenl: Absent : Council Members Nabholz, Clapp. Garrett. Bradshaw. Habenicht, Waggoner. Bums None A quorum was pn:scnt. Also p,aent: City Manager Sears City Aaomey Brotzman City Clerk Ellis Direclor Fonda. Utilities DiRICIOr Ellerly. Public Worb DiRICIOI' Siffll*III. Neighborhood and Business Development Director Black. Parks and Recreation 5. Ml..aa (a) COUNCIL MEMSER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OP THE REGULAR MEETING OP AUGUST 3, IMI. Ayes: Council Memben Nabholz. Garrett, Bradshaw. Habenictl. Waggoner, Bums Nays : None Abstain : Council Member Clapp Motion carried . 6 . Scllleduled Viliton There were no scheduled visitors. 7. Noe-telleduled Vlliton (a) An Emison. 5564 South Lee Street. Lilllclon. said he wanted 10 QOIIIC before Council again IO rcpo,t that he is nol making any progress in his devdopmcol and qUClliou on Adriatic . He advised he spoke 10 Dan Brotzman tonight and he is planning 10 submit a new proposal . He explained 1h11 he has a proposal before Council and City staff on Adrialic. Zuni and Evans. Mr. Emison nolcd they arc having some problems getting through some or the procedural Sluff. He said he thought he and Dan • . • • • 0 '-I --------------------------------::-----------------;-,,.~-----------=---• - Enckwood City Council Augult 17, 1998 Pace 2 0 • Brotzman agreed here tonight that he will submit another proposal. He stated they are not getting good clear answers, they are not communicating. in his opinion. Mayor Bums suggested that maybe it is like the guy who prayed and prayed and said nothing happened and his friend said well maybe the answer was no . He advised Mr . Emison that they cannot negotiate his agreement from this dais every week. Mayor Bums said they have to rely on staff and Mr. Emison to wort on this and if he is going to present another proposal he should go ahead and do so and see if he can wort it out. He noted this is not before the Council as such at this point. Mr. Emison said the reason he came before Council originally, and continues. is because he has not been getting what he considers appropriate answers from City staff. He said he gets decisions from them and code cited but it does not confonn to what their decision is. He noted he came to Council and asked if he could present some of his issues to them . He said he thinks it is clear what he is saying. Council Member Nabholz said she knows that our staff. every department of our Slaff and herself has tried to wort with Mr. Emison , they have laid it out in writing what needs to be done and what the City will and will not do and she thought it has been very clear. She advised Mr. Emison that she feels they have worked with him on every aspect of this. Mr. Emison said that , of course, is what he is objecting to . He advised he sent to her the line for line ... Council Member Nabholz said she knows, that he has absolutely burned up her fax machine with all the faxes, that she knows what he has sent her. Mr. Emison noted when they cite the Code and don't attach the Code and he finds the Code and sends it to her ... and he has some here . He said he can show her some examples. Council Member Nabholz advised that she is very much aware of what he is asking for and what we as a City have said we will do and won, do. She advised Mr. Emison that she thought we have staled what we are willing to do and thal every depanment he has contacted and every individual has tried to work with him . She said she has tried to wort with Mr. Emison, but when it becomes a demanding point...that she thinks we have made it perfectly clear, in writing. what and how we can wort. Mayor Bums advised Mr. Emison that they urged him to continue lo wort with the staff. (b) Robcn Ohlson. 17S4 Plum Valley Drive. Littleton. said that he wanted to rcalfmn, with the City ofEnglewood, a right-of-way and easement for a roadway thal he has held since 196S and, in specific, the surprise he got from the Denver Waler Board saying they wanted to remove a bridge, which is pan of this right-of-way and easement. And with that. he said. ask tlic City to also become the govemmcnl entity which would get a license from the City of Denver's Water Depanmcnt in order to not tear down the bridge. Basically. there were a couple of errors made. tllOSC two areas were one of omission in that apparently Ilic City did not have a license to use tlic bridge , nor to allow him to use. not to give him a righl- of-way and casenicnt over it , and secondly there was an error in tlic survey of the roadway , which we have pretty well cleared up . Tiicn tlic moSI recent activity is at Highlands Ranch Boulevard and County Line Road . in which he gave up practically all of thc eascnicnt except about five feet . which would be useful in his lease to continue to use . as his lease says ... use it for passing on foot or with animals. vehicles. loads or otherwise. So, he said. his rcqUCSI is that thc eascnlCllt and right-of-way be rcaffinned and that thc City appl y for a license from the Denver Water Board. if they haven't...maybe tlic City's records arc better than their's ... and sec if we can continue lo use this panly historic and aged bridge. which is in very good shape . It has been used recentl y by tlic construction of High.lands Ranch Boulevard for heavy cquipmclll . Secondly, Dr. Ohlson explained, it allows an access from his propcny to tlic Highline Canal Trail . which is a recreational use and thirdl y it provides a sccondar)' access for winter time, because the road that Douglas County now has. t11:11 goes to his propcny ... tlic y have not agreed to maintain it . In October last year, he said. they got snowed in twice . Fonunatel y. tl icy were able to keep the little lane opch and so it has a value in three ways for him . ' •, .. • • 0 - • • En&tewood City Council Auplt 17, 1991 PaceJ • • • Mayor Burns noted that Dr. Ohlson has been here before and it seemed to him that there are some old issues being raised again and they came through the Water and Sewer Board the lasl time or through the Utilities Department. Mayor Burns stated that he, for one, cannot sit here and follow , really, what he is saying because we are going back through the old ground. Without maps and things in fro .. of Council, he noted, it is very difficult . Dr. Ohlson asked if Council would like for him to give them a picture. Mayor Burns said be thought they had been through this before and he didn't know what this Council could do al this moment. He stated be would like to have this filtered through the Utilities Department, because that is where all these issues have come before . And perhaps, he suggested, they can have the Utilities Department look at this again. City Manager Sears noted that he is not at all familiar with this issue, being new here, but Director Fonda could make a recommendation and as the Mayor indicated it should probably go through the Water and Sewer Board before corning back to the City Council. Council Member Waggoner said it seemed like there was some traded right-of-way though, at the time . Mayor Burns noted tbere are a lot of issues involved in tbis and it gets a little complex . Council Member Waggoner commented that they probably just need a rcpon from staff. Mayor Burns said if there is somdhing new here. fine. but if we are going back through the same issues all over again. they need to know that too . Dr. Ohl-said that to his knowledge the iaucs arc all new. everything dsc bas been settled. He advised they went througll a condcmnalioo suit and the City of Eng!N'OOCI gave Highlands Ranch title to the road, Hi..._. Ranch pvc it to Douglas~. which gi\'CS him dal the jud,c lllkcd for . which is YCbicular aalCII into his propcny . Then he was mrprised by the Idler, 111d lie ICIII a copy to Mr en.-. saying 11111 diey ....acd to tear down the bridge . Thal is llis poilll lallipl. Dr Cllllla aid. dill lie WOllld mtbcr diey • ICar cloMI the bridge and perhaps the City would IOO. He c rd .. • • <wieiVlllllc 11111 it ii -• '-*'rical piece of how you cross the Highlinc Canal bd'-1900, .. nafll44'a) Illa._. ._ for preay -'Y a 100 years. _. .._ advilcd Dr. Ohlson that he was recommclldias 1M .. _ ...... -* IO C-1 ....... -.ie UUlil.-Dq,anmenl or perhaps through the Water and Se.a-._.• -.e, ca..._ wllat lie II,...,.... He though! that would be very helpful to C--1 ~ ........ -... -.. ..,._ C r neicacioe,, Proclamation, ud Af• lira I It 111m: were DO conununications, proclamations or appoiet_.s 9 . l'lllllklkM'ill& (a) COUNCIL MIMSIR aRADSHAW MOVE•, AND IT WAS SECONDED, TO OPEN 11111: ,uauc HI.AIUNG TO GA 1111:R CITIZEN INPUT ON A ••LL roa AN ORDINANCE AMENDING PAVING DISTlllCT • Ayes : Council Members Nabhol1_ GamlL Bradshaw. Habcnichl. Waggoner. Clapp. Burns Nays : None Motion carried and the Public Hearing opcacd. Director Eaerty. duly sworn. submitted the Proof of Publication to the City Clcrlt and noted that this public bearing was properly advcnised. He advised that Council pusccl RCIOlution No . 40 on March 6, 1997 creating Paving District No . 38 . The District was Conned for the purpOIC of construction ol improvcmenll of stJCcts and sidewalks during the swnmcr of 1998. The cost of the improvements arc intended to be \ ~ ',\, •• l' I. , , ' ... . . . _-----.-.---- • • • 0 - • Enpewood City Council Auplt 17, 1998 Pase4 "' -• • - assessed against the properties that benefit from the improvements. On July 20th Council approved amending the ordinance regarding Paving District 38 on first reading. Mr. Esterly stated thal this ordinance recreates and reestablishes Paving District No . 38, addresses the actual costs thal are associated with the construction of the project and provides for the assessment againsl properties. This is the second step in re- creating the DiSlrict and the new schedule is that we would have this Public Hearing tonight. August , .,.. and, he said, their intent is, asswning that Council acts on this also later this evening. that by Monday, September 21" the ordinance would be in full force and effect . That would allow us to award the construction contract that has already been bid and we can expect construction to stan shortly thereafter and we could complete portions of the Phase I construction yet this year and then go back again after the winter and complete Phase II . He said he would be glad to answer any questions. Council Member Nabholz asked if this is not included in the Concrete Utility Program . Director Eslcrly said no it is not, that the concrete that drove the prices in this project is largely new concrete, concrete that didn't exist before. The biggest example of that is over on Prentice by the park. The street is not fully developed and there is no concrete at all there . No curb. gutter or sidewalk. Mayor Bums commented that our Concrete Utility is really for replacing existing concrete. Director Esterly explained that the Concrete Utility is intended for maintenance not for initial construction. Council had no funher questions or comments. Mayor Bums noted tllat no one signed up to speak al the Public Hearing. but he asked if anyone wanted to come forward and address Council . There was no one present to address the issue. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON A BILL FOR AN ORDINANCE AMENDING PAVING DISTRICT JI. Ayes : Council Members Nabholz. Gam:11. Bradshaw, Habenicht. Waggoner, Clapp. Bums Nays : None Motion carried and the Pwlic Hearing closed. 10 . c-t A,:aida (a) Approval of Ordinances on First Reading There were no additional items submitted for approval Oil rust reading. (Sec Agenda Item 11 -Regular Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 11 • Regular Agenda.) (c) Resolutions and Motions COUNCIL MEMBER NABHOLZ REMOVED 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (Ii) alld (Iii). •. • ' • • • 0 Englewood City Council August 17, 1998 Page5 ' '· • 0 , . • (ii) EXTENSION OF THE CITY'S AUDIT ENGAGEMENT WIIB VAN SCHOONEVELD AND COMPANY FOR AUDIT YEARS 1998 AND 1999. ,, - (iii) CONTRACT WITH ALL SEASONS TENNIS COURTS IN THE AMOUNT OF $38,999.00 FOR TENNIS COURT RESURFACING . Voteraultl: Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner, Clapp. Bums Nays : None (i) A contract with Burt Chevrolet. in the amount of $69.594.00. for the purchase of a work truck was considered. Council Member Nabholz stated she wanted to make sure this truck was equipped with air conditioning. Director Fonda said he wasn't sure. but he thought they were all coming in with air conditioning. Council Member Nabholz noted that they were assured they were all coming in with air conditioning. So, she said, she has no problem with this if it is coming in with air conditioning. Director Fonda advised that if it isn't they will make sure it is. But, he said, he is sure it is. Mayor Bums asked if they would have to change the bid if it isn't included. Director Fonda staled they would, but that he was sure it was included as they have all been ordered that way . City Manager Sears advised they would double check with purchasing to make they built that in with our specs. He asked that Director Gryglewicz make sure that purchasing focuses on air conditioning in vehicles. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH BURT CHEVROLET IN THE AMOUNT OF $69~'194.00 FOR THE PURCHASE OF A WORK TRUCK. Ayes : Council Members Nabholz, Garrett, Bradshaw. HabenicN. Waggoner. Clapp, Bums Nays : None Motion carried . 11 . Replar Apda (a) Approval of Ordinances on First Reading (i) Director Simpson presented a recommendation from the Departmena of Neighborhood and Business Development to adopt a bill for an ordinance approving the sale of the Depot Building to the Englewood Historical Society under an installment contract . He noced that this item was pulled by Council last time, due to the fact that the Englewood Historical Society had some concerns with the sale . 1bose concerns have been addressed. he advised. specifically, the contract tcnns which the Council had suggested. which are no tenn and no interest, and they an: clearly understood by the Englewood Historical Society and they are fine with this. They will pay it back as they can. he noced . Mayor Bums said he thought one other concern of the Historical Society was that members of the Society wanted to make sure that they weren't individually liable, potentially, in the future . City Attorney Brotzman said that was correct and that has been resolved . Council Member Nabholz advised that a couple members of the Historical Society contacted her ... and this is just clarification. it has nothing to do with where we arc at now with the contract ... regarding clarification of where the City's improvements stop and where the Historical Society improvements stan. She said they had, in tJicrc. the brick retaining wall and bringing in tJic railroad tracks and it was their Wlderstanding that ' • . "' • • 0 - • • • 0 • '. Englewood City Council Aupn 17, 19911 Pace6 they would still do that or was the City to be pan of that? Tiicy wanted some clarification of that. Director Simpson stated thal probably, in reality, we'll work very closely together. But, he noted, he would say that the way this is constructed is that this structure is whal is being sold to them and their value is going to be applied to that structure and that would also include that patio area to the east . But , he said. he would suspect we will work closely together as a team . The City Clerk was asked to read Council Bill No . 48 by title : COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY Tiffi CITY OF ENGLEWOOD TO nm ENGLEWOOD HISTORICAL SOCIETY FOR nm TOT AL SUM OF $76,000 UNDER AN INSTALLMENT CONTRACT. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 48 ON FIRST READING. Ayes: Council Members Nabholz. Garrett, Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (ii) Mayor Bums stated, regarding Council Bill No . 49. a bill for an ordinance amending the current agreement with Pro Pun. Inc., that the City Manager has advised him that it needs some additional work and there is a recommendation that that be pulled for now and brought back later. Council Member Bradshaw said that she also has a concern about the mainlcnancc on that. Mayor Bums 11oted that wc had a newspaper review of these facilities rcocntly that he COflllllCllled on. He said he thinks they have done a little work on it. that he took a look at it the other day . Director Black said he would be happy to answer any questions. He stated he knows there have been some concerns about the maintenance, the upkeep, out there and staff has had discussions with Mr. Simpson and he has been told that Mr. Simpson has made some improYCments in terms of signagc and the greens. Mr. Black said that he can't gjYC Council the spccirlcs, but that he has been told he has made some improvements. He advised that when this item is brought back to Council for discussion, Mr. Simpson will be here to answer any questions they have about his facility, the concerns. the newspaper aniclc or whatever. Mayor Bums commcnled they had exJffSSCd I c:ona:m because: the newspaper article ocnainly _, \'CIY complimentary to this facility . And obviously. he said. that is not what we like to sec in the press . Dira:lor Black agreed. Mayor Bums noted he looked at it over the weekend a liHle bit and it looked like he made some improvements . Director Black said that is right , that that is his undcrslanding. Council agreed to pull this item and Mayor Bums asked Din:ctor Black when he might come back with it. Mr. Black said it is his hope that they will lia,·e this back al either Ilic first or second meeting in Scplcmber. Council Member Habenicht asked what the implication 111'0Uld be if Council doesn't approve this . Dinldor Black explai11Cd that it has to do with an item related to insurance. as discussion as 10 whether we arc talking about taking that cost olT the gross or off Ilic net or whatever. He advised we haven't finalil.CICI tboec discussions yet. Mayor Bums commented that it is a ratlicr narrow contract 1en11 wc arc talking about here. Din:aor Black said yes it is. I " • • ]- • • • • En&lewood City Coundl Auplt 17, 1998 Pace 7 Mayor Bums thanked Director Black . (b) Approval of Ordinances on Second Reading (i) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) ON SECOND READING. ORDINANCE NO . S4. SERIES OF 1998 (COUNCIL BILL NO . 41 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING PA VINO DISTRICT NO. 38. IN THE CITY OF ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB , GlJJTER, SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS TOOE1llER WITH NECESSARY INCIDENTALS; AND SEITINO FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. Vote raults: Ayes: Council Members Nabholz. Garrett, Bradshaw . Habenicht. Waggoner, Clapp, Burns Nays : None Motion carried . • •••• Mayor Bums said this brings us to items 11 (b) (ii), (iii) and (iv) which is second reading on three items that evolved from Project Build and the Historical Society and the Housing Authority . He stated that as he did last time, since he is the Council ,epescntllive on the H011Sing Authority. he will abstain from voting and discussion on these three items . Mayor Bums said he would leave the dais and tum this portion of the agenda over to Mayor Pro Tem Habenicht. Mayor Bums left the dais. (ii) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Ii) ON SECOND READING. ORDINANCE NO . 55, SERIES OF 1998 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING THE SALE ON THE OPEN MARKET OF A PROPERTY . WHICH WAS DEVELOPED FOR THE "BUILD" PROJECT . Council Member Bradshaw advised that she has been on the phone toda y with some people who adjoin thal propeny. Apparentl y. she said. there is some graffiti on that property and some weed problems. So there is some concern there . Ms . Bradshaw noted that she knows it doesn't have a thing to do with the Council Bill, but her ronccm is that propcny has IOl1 of jusl been left to sit and go to Nin. She pointed out tbal the weeds. when she went out there. were well above what our Code Enfort:emcnt Officers would tolcnlC . City Allomcy Brotzman advised tbal a QOIICCfll of the purchaser is they have a closing dale set and thcy would like to get in there . He Slated this is an ex-police offlCCI' and obviously he would like to be pr'CIClll at the site so he couJd take care ol the graffiti, take care of the weeds and take a>ntrol of the property and ltop lhal . Council Member Bradshaw said that was good. Vote rcalts: Ayes : Council Members Nlbhol z. Oam:tl Bradshaw . Habenicht. Waggoner, Clapp ' • . I .. • • 0 • • • En&Sewood City Council Auplt 17, 1998 Pa,:e 8 Nays : None Abstain : Mayor Bums Motion carried. (iii) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (Iii) ON SECOND READING. ORDINANCE NO . S6 . SERIES OF 1998 (COUNCIL BILL NO . 46, ltlTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING PURCHASE. UNDER CERTAIN TERMS AND CONDmONS, OF 11IE DEPOT PROPERTY FROM ENGLEWOOD HISTORICAL SOCIETY. Vote reaaltl: Ayes: Nays: Abstain : Motion carried . Council Members Nabholz., Garten. Bradshaw . Habcnichl. Waggoner, Clapp None Mayor Bums (iv) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (Iv) ON SECOND READING. ORDINANCE NO . 57 , SERIES OF 1998 (COUNCIL BILL NO. 47. ltlTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORITY UNDER CERTAIN TERMS AND CONDITIONS. Vote raults: Ayes : Nays : Abstain : Motion carried . Council Members Nabholz. Gar,ctt. Bradshaw, Habenicht. Waggoner. Clapp None Mayor Burns • •••• Mayor Burns returned to the dais. He !hanked Mayor Pro Tern Habenicht for chairing lhal ponion o(the meeting . (c) Resolutions and Motions (i) A n:commendatioi1 from the Administrative Services DcpartlllClll lo adopt a n:solulion establishing employee compcnsalion for I 999 was considered. The n:solution was assigned a nwnbcr and read by litlc : RESOLUTION NO. 88. SERIES OF 1998 A RESOLUTION APPROVING COMPENSATION PLANS FOR llfE CITY MANAGER. lllE CITY A1TORNEY .111E MUNICIPAL JUDGE. DIRECTORS. MANAGERIAL. SUPERVISORY , CONFIDENTIAL, UNCLASSIFIED AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF lllE CITY OF ENGLEWOOD FOR 11IE YEAR 1999. • .. • • 0 • • - Enc!ewood City Council Aupst 17, 1998 Pacc9 • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. a, SERIES OF 1991. Motion carried. Ayes : Council Members Nabholz, Gamtt. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None 12 . General Dhnalon (a) Mayor's Choice "' - I . Mayor Bums advilcd that the Olde Tymc Fair is this weekend II Millcr Field, both Saturday and Sunday . He said he will be 1hcrc Satwday to help kick that off and he encouraged everyone 10 go . 2 . Mayor Bums Slated that the Malley Center has a picnic on the 20• and recognition of volWIIClcrs on the 2s•. He said he understands some of the Council members have volunteered to appear at that He said he thinks he can make the pialic. bul he may not be able lo make the volunteer cclcbratioo. 3. Mayor Bums commented that he thought Ilic Business Appreciation Breakfast. last Thursday, went very well . He noted we had four members of Council then:, Council Members Nabholz, Bradshaw. Habenicht and himself. Mayor Bums congratulated the Neighborhood and Business Development Department for the work they did and An Scibclli especially did an awful IOl of work on that, and Bob Simpson. Mayor Bums opined that we have a very good relationship with both our retail and manufacturing communities who wen: pn:senl II that breakfast and then: seems to be a good feeling of suppon for the Cinclcrclla City project. 4. Mayor Bums Sllled 1h11 tomorrow ii our demolition celebration 11 10:00 a .m. He cncowagcd everyone to be there and noled that of course the public is invited p the staff. He noted it should be a lot of fun . He said ii will really kick off the clcmolilioo phase of the Cinderella City project . 5. Mayor Bums congraulated Lauri Clapp on her victory in the Prinwy. for the Republican Party in District 37 . 6 . Mayor Bums commcnled that the flon:lcent yellow and gRCn school crossing signs. warning signs. that have been put up are n:ally very obvious and he thinks they are cxccllcnt. 7. Mayor Bums advilcd 1h11 Friday he will be at the Governor's Mansion for a baltJeaac to accept a sman Growth Award for the Housina PriV1lle Activity Bolld PnJsnm. He said die Mein> Mayor's Caucus is receiving OIIC of tbolc ll'MUds. wllidl they are very pniud of. He said it will be his a-to be theR to accept that . (b) Council Member's Oioice (i) Council Member Nabhol z: I . She said she would also like 10 congnlulate Lauri Clapp. 2 . She lhankcd Neighborhood and Business Development. An Scibclli and Bob Simpaon, for the Business Appreciation Breakfast. Ms. Nabholz said she thought it was very nicely attended. 3. She advised that Satwday she aucnded a NEON, a neighborhood orpnil.ltion meeting. they have staned that back up again. Then: was a bike dcconling contest. a bike race for Broncos tickets and Rockies tickets. Some of our officers showed up thcR. she said. and actively pelticipated in waler fill* with the kids and judging the bike raca andjud&ing the bcsl demrated bicycle. so ii was a fun lime for Ill. •. • ... I .. • • 0 - • • Englewood City Council Auplt 17, 1998 Page 10 • • ,~ • 4. She said she would also like to thank Ladd Vostry , Rick Kahm and Mark Graham. Ms. Nabholz advised they had a meeting last Thursday at the Library with the neighbors that arc concerned over the Dartmouth traffic issue and things arc starting to come together on that . She thought the next piece, according to Lieutenant Knoll, is enforcement as to how they can work that in. S. She said she would like to know where wc stand in addressing Barbara Fout's letter that she put in all their packets last weekend ... and one was dropped olT al her home ... regarding the City ditch . Mayor Bums staled that he spoke to Dan Brotzman this morning about that . He said he Wlderstands that she has not gone to Stu Fonda with that yet , she went directly to City Council . Director Fonda advised that he hasn't gotten back with her yet. He said she called and then they went out and investigated and they are going to give her a propo&al that they think might work ... when: wc could put in some piping on part or her property to protect the house that is below it and then they would pipe up to her propeny on the other side. Mr. Fonda staled they haven't discussed this with her yet because he thinks she has gone on vacation or something. That should work, he said, but ir it does continue to leak then wc would obviously have to pipe it. but we will try everything we can to avoid piping it, because it is an amenity in her back yard. (ii) Council Member Garrett : I. A resolution supponing die choice or die Englewood Environmental Foundation and Miller/Weingancn as to a residential developer ror die Cinderella City site was considered. !Clerk's note : This resolution was liSled as 12 (b) (i) on the Agenda. I The resolution was assigned a number and read by title: RESOLUTION NO. 89, SERIES OF 1998 A RESOLtmON SUPPORTING 1lIB CHOICE OF 1lIB ENGLEWOOD ENVIRONMENT AL FOUNDATION AND MILLER/WEINGARTEN AS TO A RESIDENTIAL DEVELOPER FOR 1lIB CINDERELLA CITY SITE . COUNCIL MEMBER GARUTI MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO."· SERIES or 1998. COUNCIL MEMBER CLAPP MOVED TO AMEND RESOLUTION NO. 19 TO SPEClffCALL Y PROHISIT ANY FEDERAL MONEY OF ANY KIND, INCLUDING SUBSIDES FOR 111:NTS, ONLY PERTAINING TO 111E HOUSING COMPONENT OF THE CINDERELLA CITY DEVELOPMENT. Council Member Oapp asked ir anybody had any questions, ir that was clear whlll she was trying to get 111 hen: . COUNCIL MEMBER BRADSHAW SECONDED THE MOTION. Mayor Bums said he had a question. He stated wc are asking for Federal money for this pa,tr.ing ltnlC:lUR . He asked ir that is going to get involved in this at all . Council Member Clapp said just the housing component. Mayor Bums commented that housing needs parking, he ukcd ir dais getS us into lhlll -at all . Director Simpson said he believes he IUldcrslands that lhcrc are concerns that dlis maintain long 1a111 quality and he IUldcrslands lhal is the goal . He stated that his onl y concern is simply that we do have some ·~ . . ,. I .. • • • 0 ]- • • En&lewood City CCN1ncil Aupst 17, 1998 Pace 11 " -• • • difficulty trying to figure out how to make this whole project come together at this time . Mr. Simpson said he believes it is very unlikely that we will use any of these kinds of funds for that area, that he is just concerned about precluding any options at this time . If that is where the Council goes. he advised, they will make sun: it works that way . Council Member Habenicht said ... please com:ct her if she if wrong ... that it is her understanding that what this resolution is doing is saying that Council approves working on a development agreement with these people . And not knowing what might come out of that agreement, we wouldn't put in any kind of stipulation al this point. that wc are not tacitly approving or disapproving any agreement that might come IO us. wc are just indicating our suppon of moving ahead with that. She asked if she is reading this right or are wc making some son of formal agreement that we are going to be doing something that she doesn't see written here. City Attorney Brouman explained that this was saying that you are negotiating, but he thought what Council Member Clapp is looking for is ... negotiale ii. but don't do it with any federal subsidy. Ms. Clapp said that is right. So, Mr. Brotzman said. lhere is an additional condition . In response 10 Council Member Waggoner . City Allomcy Brotzman advised that in ncgotialing the agreemcnl, one of the terms Ibey would add is ... you may not use a federal subsidy at any time, now or in the future, on this projecl. Bui. Mayor Burns said. you are nol talking about the whole projecl . Mr. Brotzman staled this is the Forest City componenl of the projecl. Council Member Bradshaw staled. even though she seconded the amcndmcnl just for discussion purposes, as she thought it was somc:lhing Council needed to discuss. that she is going IO have lo VOie againsl the amendment. because she thinks the financing is so critical. especially on the residential component. She commented that she spenl the last five days helping a friend who is relocating lo Denver, probably visiting 28 different apanment complexes. and the majority weft with federal funds and she did not sec where there was a deterioration or anything in the quality . So. she aid. she would hne 10 ,·ote againsl this. Council Member Habenicht stated that she wanted IO clarify for lier own thinking ... thar when we do come up wilh a development agreement there Slill would be an opponunily if that -pan of ii or not part or il ... lO either agree or disagree or makeanendmcnts• lhat lime. bacd m dlis iaue. She acid if that_ right. Council Member Olrfflt said he would like to clarify lhal. only bccas Council will llOI do any negotialions. the Environmental Foundation is looking lo the Council for pidanc:c on how lhcy will look at their negotiations. Bui. he aid. be lllinb what the recommendation is. is that in our wisdom this is what we think you should do. It is not binding. he noted, but Ibey &0n or take our vie\1-poinl as persuasive. Mr. Ganat advised that Council will not sec the devclopmcnt agreement. Council Member Habenicht qucSlioned that they would not sec the development agrceme• al all. Council Member Ganat explained they will. but ii will be late in the process . He opined thal if Council is going 10 do this they should do it now. give them guidance now . Council Member Waggoner asked if Hood i111U11111ClC is federally subsidized . Din:ctor SimplOII said yes . Mr. Waggoner commented that what Little Dry Creek will carry is a 100 year storm and there is also what they call a SOO year storm. which could very easily Oood that whole propeny and you would cenainly want. if available. 50IIIC kind or Hood insurance . Din:ctor Simpson advised thal Hood insurance is through FEMA. the Federal Emergency Management Act . Which. Mr. Waggoner noted. is federal funding . Council Member Clapp stated they could exclude insurance. that she is looking for COnlrOI factors . She opined lhal the Cily should always maintain control of that. Mayor Bums stated that he was also going to vote against it. He said he Wldcrslands Ms. Clapp's concern and it is not the in1cn1 to build something subsidized, that his problem. as the Council n:pracn1a1ive on the HOU5ing Authority, is wilh 855Wlling thal anything that miglal have a fodcral IUblidy is s11blllllldanl. He emphasized that things that the Housing Authority have built have never been substandard . Some of the units where they have had complainls ... where you have Section I tenlnls. for instance ... arc not OWIICld by the Housing Authority . He explained they are privately owned and lhc whole idea of Section I, in that regard. was to have people housed in private homes. instead or standing the cost or building public ' • .. ,) • • 0 - • • • • • •, Englewood City Council Aaplt 17, 1998 Pase 12 facilities . But also, he said. he is not clear enough on whether this would impict any ocher kinds of federal funding on this project and he just has a concern about it. Mayor Bums Slaled he does not think this Council intends, in any way, to build a subslandard product over there. or have it built. But, he said. he was not clear enough that this would not be some problem in the future . Council Member Habenicht said she still does not have a clear understanding. She noted she is considering voting against this. that she understands Council Member Clapp really wants to avoid seeing this become a Section 8 Housing Development and she thinks a IOI of people in this community would agree with that. Ms. Habenicht said she understands the debate is ... will this motion hamper any federal funding or not ... but what she is asking is if Council would not pass this amcndll1CIII. later when this development agreement comes to Council, if it has something in there that says Section 8 Housing, that Council can al that point, by not voting favorably for this. that doesn't mean they aren't saying they would disagree with that at some panicular point in time . She asked if that was right. City Attorney Brotzman said he thinks Council Member Clapp is actually doing the reverse, what she is saying is proactively work on not including funding from Section 8 or similar sources . Director Simpson commented that he doesn't know whal all that implies and he is just fearful of that. Council Member aapp staled 1ha1 from today 10 lomorrow agrccmenls are forgoncn and changed unless they arc put in wriling . Council Member Garrett advised that one of his concerns would be ... and he though! it was worthy of discussion now ... because they know how dclicalely the financing of this little package is that is being pu1 together ... if ii comes lo Council with something thal they mighl fmd objectionable. bul ii comes so late in the process thal all of sudden the house of cards may f•. Council Member Bradshaw said that was a good point. Mr. Garrett staled 1ha1 is his concern and if ii is an issue now Ibey should deal with ii now . Because, he said. he would h.1te for them ID CXIIIIC to Council and say this is my package and Council doesn't want that . Council Member Bradshaw noted. for the benefil vL the rest vL Council, dlal probably one vL the nice1t rental projects we have in our City is the Marks OYCr by Waaerford, • f• • quality . And 1h11, she pointed out, was built with federal dolt.s and they hive to hive a cenain pen:,eiugc vr different incomes in there. You can't make more than S6S,500 for one person. that is the income qualifJCation . Council Member Oapp said she would guess her poilll is. do we ever wanl to be in the sitllllion where the federal govenwent is laying out guidelines for a project that really should be under the control vr the Cily . Council Member Bradshaw stated that she really doesn't think that amendment addresses that islue. Mayor Bums said that he thinks thal if Foraa City builds it and manages it as they pnlpOIC, 1h11 it is their project. not the City's project . He commented thal there was an issue raised previously. as to whether the Housing Amhority itself was involved in this project and it is not. and cenainly ii does not. inaend to be . Director Simpson stated that the Housing Authority is not in any way, whatsoever. involved with this and they have not been consullcd on this . Council Member Waggoner called for the question . Vote raalt1 oa tlw aetloa to aaeN Raelatloa No. 19, Serirl el I"': A)cs: Council Mcmbcn; Nabhok Gamtt. Clapp Nays : Council Mcmbcn; Bradshaw. Habenicht. Waggoner. Bums Motion defeated . Vott raalt1 OIi aotioll te appr"M"e Relolaliea No. 19, Series ti I"': Ayes : Council Members Nabholz. Gam:tt. Bllldshaw. Habenicht. Wagoner. Bums •. • • • 0 - • • • 0 • Englewood City Council Aucust 17, 1998 Page 13 Nays : Council Member Clapp Motion carried . 2. A resolulion supporting the August 10. 1998 Master Plan proposed by lhe Englewood Environmental Foundation and Miller/Weingarten for the Cinderella City sile was considered . tClert's note : This resolution was listed as 12 (b) (ii) on lhe Agenda. I The resolution was assigned a number and read by title : RESOLlITJON NO . 90 , SERIES OF 1998 .. - A RESOLUTION SUPPORTING THE AUGUST 10, 1998 MASTER PLAN PROPOSED BY THE ENGLEWOOD ENVIRONMENT AL FOUNDATION AND MILLER/WEINGARTEN FOR THE CINDERELLA CITY SITE . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 90, SERIES OF 1991. Council Member Habenicht asked if this means that Council is tacitly approving everything that is on that development. City Attorney Brotzman advised Council is saying go forward with that master plan that is on the agreement and negotiate with the people that they identified. which arc Sony and Wal-Man at this time. Again, he said. the development agreemenls will be coming back to Council. you will sec them. you will get to go over lhosc. except what you an: really saying al 1his point. is to go forward. these an: the people thal you want to sec come lo lhis site. Council Member Habenicht stated tlat she has 110 problem wiU1 saying let's move ahead. wc have been working together, let's see where wc go from here, bul she doesn't wanl to be in a situation when: she is going to disagree with something that she sees coming up later and all ol a sudden she has given away her ability to challenge something or to change something by making a vote on. really. something that she has nothing to look at. She said she just wanled to clarify that She asked what she is assenting to hen:. City Attorney Brotzman Slated that she is not giving up ... and the resolution actually talks about this ... any govenunental authority . Which means that all of the regulalory issues that she has. she keeps and she doesn't give any of those up. For illSWICC, he advised. all the zoning issues. design issues and design standards are going first through Planning and Zoning . So they sec them and make recommendalions upon those . Those an: coming back to Council. Mr. Brotzman said. they never give those up. Whal they arc saying is that they are supporting the Environmcnlal Foundalion's plan that is on this document including. Council is telling them to move forward with negotiations and finali;ze the negotiaaions with Sony and with Wal-Mart . Those will be coming back to Council and Council will be making requests to make recom1nendations upon those agrecmenls in their final fonn ... but Council will probably be seeing them in a final form al 0181 time . Council Member Habenicht Slated that she would love to be able to move forward and with everything that comes up on this issue and Uie redevelop1nent to be able to vote for it. because she is very supportive of everything. She said she is very supponive of a lot of the concepts. But she noted. the portion of that 1h11 she is not very supportive of and slie would guess that it would be difficult for her to vote for this resolution because or it. although she wants lo be in strong support of going ahead with the negotiation. trying to do the very best we can. But ifU181 is 1aci1ly approving what he said. lhcn she is not so sure she can go there and slie would have lo vote no . Mayor Bums urged Council to move ahead wi1h this resolution. U181 he thinks ii is vital that wc move ahead ~ilh our negouations with Uie cinema and Wal·Man . He pointed out that wc really have some deadlines to meet with RTD and he didn't Ulink we could meet those unless we move ahead. Wal-Mart is, he staled, a source of salC!i tax revenue and Uiat means so much as far as the financing on this project is concerned. He said he thinks the Council has a great deal of comrol over this project al the prcsenl time and will continue ' .. • • • • Ea&lewood City Council Auplt 17, 19911 Pace 14 ,, • • • ... 10 have thal control and ii is time lo move ahead wilh 1hese negotiations lo mccl our deadlines . Council Member Bradshaw concurred with whal he said. Council Member Clapp stated that she wanted to say, for the record. thal she does support Cinderella Ci1y, that she thinks wc have a great plan, thal she definitely feels they could put some safeguards in in regard to the housing and thal componcnl she continues to be very uncomfortable with and for that reason she probably will not be supporting the resolution. Council Member Nabholz staled thal she also has reservations in regard to the Sony lbcatcr and she also shares the concerns over the housing aspect of ii, bul she docs nol wanl to sec us get off track and derail this. She emphasized they have worked loo long and hard and have a lot of things in place. But, she said, she hopes that they will continue to be very diligent and wa1ch over this project . So, she advised, she will be supporting this project . Mayor Bums said he agreed. Council Member Bradshaw called for Ille question . VoCcreaalts: Ayes: Council Members Nabholz. Garrett. Bradshaw, Waggoner, Burns Nays :. Council Members Habenicht. Clapp Motion carried. 3. Council Member Garrell advised Council thal he will not be bcrc for the meeting on September s"'. (iii) Council Member Bradshaw: I . She congra1ula1ed Lauri Clapp. 2. She noted wllcn she was on Council in the 80's they had Council ethics and she would like to advise staff lo look at that. She said they weR just some ethical procedures that all of Council was aware of ... that we don'I talk about another Council member ... wc talk to them. not about them ... those kinds of things. Ms. Bradshaw stated they did have ethics and if they did have a question tllcy talked 10 the pcl'SOO. instead of 1alking through other people. She said she would just like 10 have staff lake a look at that, because it is on record. but she didn't have a copy at home . 3. She said she wanted to give Council a heads-up that a mortuary is proposed at Dartmouth and Univcrsily. Mayor Bums stated that he had some contact on this too and he had the miootcs of the Planning Commission meeting faxed to him and ... this is his District ... so he had many people appear at the hearing of the Planning Conunission on Tuesday. He asked if they arc in quasi-judicial al the present time. Cily Attorney Brotzman said thal is right. Mayor Bums commented that he is sure they will be hearing - about this as it moves to the Council . Council Member Bradshaw stated it is the church properly . Council Member Waggoner said he Wlderstood they arc combining the church and the mortuary area. Council Member Bradshaw agreed . Mayor Bums advised he rc:cc:ived a call on tllis from Den\'Cr City Council Member Joyce Foster, whoec district is right across the strccl. Council Member Waggoner asked if ii will come to City Council for a public hearing and the whole worts . Mayor Bums said yes. . , I • • 0 En&lewood City Council Aupst 17, 1998 P•&e 15 • • • Council Member Waggoner asked if it docs take a zoning change. City Attorney Brotzman said that was correct. Council Member Habenicht asked when that public hearing will be. City Attorney Brotzman advised it has gone with Planning and Z.Oning and they approved il Director Simpson said he will come to Council for first reading probably around the 8"' of September and then probably as a public hearing around the 21". The public hearing will be set at the first reading. Council Member Bradshaw stated this has caused gJCal concern with her neighbors and she thought Council needed a heads-up. (iv) Council Member Oapp : I . She noted they received a copy of an article, she thought was from the Post. but she can't be cenain, on the lntemet regarding an incident with an adult and a 13 year old . She said it didn't specify whether that was a home computer or where that actually took plaa:. She asked if she could find out, that she was real curious. City Manager Scars said he thought it was a home situation, but he would find out and get that information to her. 2. She apologi1.ed as she meant to make it to the business breakfast., but she had to go to a press release on the momillg of the breakfast . Council Member Bradshaw asked if she would continue to serve on Council through the dcction . Council Member Clapp said yes. through November. until the General ... it is not over w11il the General. which is November 3••. Council Member Bradshaw advised that people have asked her and she thought that was Ms. Clapp's intent Ms . Clapp said yes that is her intention and she believes she has made a commitment to the citizens within her District and that was to follow through on Cinderella City and that is whal she intends to do. (v) Council Member Habenicht : I . She said she also wanted to congratulate Lauri Clapp. 2. She noted she and Ms . Clapp voted no on that second resolution for different reasons, but she has been really pleased as to how they have been working on all of this . Ms. Habenicht said she just wanted to make a comment about that. because it was difficult to vote no on thal resolution . But she said. she thought it was imponant to do so. 3. She complimented our stalT in terms of what we have been doing with the business community and the business community breakfast . She said she thought thal was about the fourth one we have had now and each one has been very gratifying. Ms. Habenicht noted thal she shared • table with the young couple who have purchased the Melody Music: building for the Catholic •ore. She said it was really interesting visiting about that and she just thought she would share that she understands it is one of the oldcsl buildings in Englewood and thal it might have been a stagecoach stop• one point in lime. Actually , she advised , Rosemary LaPorta was at that table and she had been doing some research on thal . Ms. Habenicht said that she would like to suggest that maybe the Historical Society might look inlo thal and they might be some help to these people . She understood that they are redoing the whole top pan of the building and it sounds like it will be utiliud very well . She stated it was• very nice breakfast . Mayor Burns st •ed thal he thinks it is i~t that we emphasize the wort that we arc doing on Broadwa y as we do the Cinderella City project. because thal is very importanl to thole mcn:hanlS . . . • . .. • • • 0 ' I - • • • • , . • <. En&lewood City Council August 17, 1998 Page 16 4 . Ms . Habenicht asked if Council could get a report sometime as to what is going on with the Gothic property . She asked if the northeast area is supportive of that . Council Member Nabholz advised that she talked to An Scibelli the other day and the gentleman that boughl lhe Gothic will be in town. She stated she had mentioned to Mr. Scibelli that the next time he came to town she wanted to sit down and meet with him, because they arc doing a lot of work. So, she said, she will touch base with Mr. Scibelli and get an update. 13 . City Mana,ier'1 Report (a) City Manager Sears thanked Council for their support and direction on the project . He said he knows that staff and Council working together will make this project go and he knows staff is working extremely hard as a team to try to pull together the best way to accomplish this to bring it back to Council . (b) City Manager Sears thanked Pauletta Puncerclli, 01uck Esterly and Rick Kahm for putting together the demolition project tomorrow . He noted they have really done this in a very quick tirneframc. Leigh Ann Hoffl1ines helped out and a few others and. he said. he thinks it will be a real exciting time tomorrow and he knows that due to their efforts. especially Ms. Puncerelli's. that this thing is really going to come together. (c) City Manager Sears advised that we arc in the process of hiring a Human Resources Dircctor and we ha\ee over 2SO applications for the position and he was happy to see that . Mr. Scars stated be is working with a group of department heads and employees to do some screening of the candidates. Also. he stated. he has been in contact with Bob Brazil who is the Personnel Director for Swedish who has been willing and very interested in working with him in the selection process, along with a couple of other human resource people that will also be in the selection process around mid September. City Manager Sears opined that we have some really qualified people in the running for that job and they will take a real strong look at trying to fill that by the end of September. (d) City Manager Sears noted we arc in the middle of budget right now . He reminded Ann Nabholz and Bev Bradshaw that they will meet Wednesday to go through that . He advised that Frank Gryglcwicz and the department heads have been working on the various issues and he is very impressed with the quality of the budget so far . There has been a lot of preparatory work and pulling together all of the details. so everybody has been working through that. (c) City Manager Scars said that he knows thal Jerrell Black has been talking to PauJctta Puncerelli about some type of award and be didn't know if this too premature an announa:mcnL He thought Council might be inlerested in it. Dircctor Black advised that they juSI found out laSI Friday that we rocei,·ed a Regional SlalburSI Award from the Colorado Lottery . He said they submitted the airplane in Belleview Park as a special project and they received the Metro Arca Award for the amount between SI0,:100 and SS0.000 . So. he noted, we have a plaque and they will be some photos and some infom1a1ion Ulal the Lottery will be putting together to show at our State conference the firSI week of October in Grand Jimction . There arc two other recipients in the category across the State. so Uicrc will Uirec in the running for Uic State award and Uiey will find thal out at that time. Mr . Black said they are extremel y pleased and Gary Hultberg. our Recreation Manager. did a lot of hard work putting the infonnation togcthcr and submitting it to Uic Colorado Lottery . He stated we arc pleased to be a regional wiMCr . Council Member Habenicht asked if we have shared that infonnaaion wilh Lockheed Martin. 1h11 they mighl want to put that in their employee newsletter . Slic said she thought thal goes to thousands of people, but she knew they took a big role in Uiat and perhaps that might be something they might enjoy celebrating. Dircctor Black agreed that Uiey were very involved . But, lie said, they juSI found out Friday afternoon about the award. so Uiey will be contacting them later in the week and the Colorado Lottery will be putting some information out about the award as well . ' • . I ., • • l - - • Ea&lewood City C1N1acil Auplt 17, 1998 Pace17 '· Council offered their congratulations. • • • (f) City Manager Sears thanked Jackie Meadows. Andrea Lcschin and Colleen Caudill . He said they have done a fabulous job of keeping the hwnan resources function going on an interim basis. 14 . Chy Attoney'1 Report City Attorney Brotzllla!I did not have any mauers to bring before Council . IS . Mjoan1-t , . . ~ • • 0 • 'I -• • (. - • • • 0 , • - - 1 . 2. 3 . 4 . • • ,~ . • ' (. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 17, 1998 7 :30 P.M. Call to order. '7;.j5~ Invocation ./)~ Pledge of Allegiance. ~ RollCall . 7 ~ 5 . Minutes. IJl:Jtu/ (,_ , / a . Minutes from the Regular City Council meeting of August 3, 1998. /)J ./J./d ,, ·rr'{1t8lf111}:~t.J-fP) . .,...... ·-tf 6 . Scheduled Visitors . (Please llmit your presentation to ten minutes.) 7 . ~~ Visilv· (Please limit your presentation to five minutes.) 4.. fr/Cr e #I IS() , I 6--. llD8llr t)H/.S6µ 8 . Communication&, Proclamation&. and Appointments . t ~ ,JWJ/n.d11111 ... ~ 9 . Public Hearing . 'Pf''l-{) I/II.J.UJl()/1fl.,Hl) 0 ~;/Jl;r_-~~-7/ a . A Public Hearing to galher c:llinn inpul on a Bil for an Ordinance amending Paving ...... ,. 4fPd '7-0 $WA11u1 /til.fflJ.. tr i!Llet, lb~ ~ 10. Consent Agenda. a . b . App~Ordlnances on First Reading. Approval of Ordinances on Second Reading . fr PtuN note: If you haw a dl11t1111r and need....., aide or• .tDee, piew llllllW .. ca, ol 11 ... •ood (712-2405) a11eaa1 • 11cus 1n ..._ ... or ... wv1cea .. ......_ 11-* ,-. •. 'I • . I • ,, • • 0 -• 0 • Englewood City Council Agenda August 17, 1998 Page2 AJ~~l!ot-z... Ulftoue o ID e.-1 rl<.tJf( rill!-~J.}fi,,Jtr AfiMIJ!f Re I t"ons and Motion .W-/Oa, ii 'f-!!i' Uf/J f l'J-O men ation from t ilities epartment to approve , by motion, the purchase of a Work True . Staff recommends awarding the bid to Burt iJbrv/ ?-0 Chevrolet, under the Colorado State Bid process, in the ai~n! of $69,594.00 . . r,=v STAFF SOURCE: Stewart Fonda, Director of Utilities. vv-JP- ii. iii. Recommendation from the Department of Financial Services to approve, by motion, the extension of the City's Audit Engagement with Van Schooneveld and Company for Audit Years 1998 and 1999. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Recommendation from the Department of Parks and Recreation to approve, by motion , a contract for tennis court resurfacing. Staff recommends awarding the bid to the low bidder, All Seasons Tennis Courts, at a cost of $38,999 .00. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . i. ii. Council Bili No. 48 • Recommendation from the Department of Neighborhood and Business Development to adopt a Bili for an Ordinance approving the sale of the Depot Building to the Englewood Historical Society under an installment contract. STAFF SOURCE.:,l;Jo~rt Slmp~n, Director of Neighborhood and Business Development. ~ Council Bili No. 49 • Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the current agreement with Pro Putt, Inc . STAFF SOURCES: Jerrell Black, Director of Parka and Recreation and Bob Spada, Manager of Golf Operations. b . Approval of Ordinances on Second Reading . (JU. .l5l/-f>ff/ fJ{) i. Council Bill No . 41 , amending Paving District 38. ~ {)1.JJl-[Js' ii. Council a· I No. 45, approving the sale of a property developed for Project C'fPd l'Jf<!NAJ : &/~to . ~NA _ ,~ / iii. Council Bili No. 46, approving the purchase, under certain ~'!"1. ~ 1onditions , ~( A 1!,S(t.-IV : 'J{'l}'f!'ft property from Englewood Historical Society .//~ oil/5~ iv . Council ((iJ1 No . 47, approving the exchange of City-owned real property for real 't-/ --~~rty own~.by ~ng~ewood Housing Authority under certain terms and ,t'&:i;11A):~tions. /:,~ c . Resolutions and Motions . Recommendation from the Administrative Services Department to adopt a resolution establishing employee compensation for 1999. STAFF SOURCE: Jackie Meadows, Acting Co-Director of Administrative ler.tceL ~ PINN note: H you have a disability and need auxiliary &Ida or NrYlcee, plew MIiiy tlle Clly ol 11 ... wood (712·2405) at least 41 hours In advance OIi when NrVlcN .. IINdld. 1'** you. .. ., •· • ,·,-, ]- Englewood City Council Agenda August 17, 1998 , Page 3 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice . ' • ,, ~ • t• - M fti i. A resolution supporting the choice of the Englewood Environmental Foundation ..t-? 6 • • • , lisM -..t· II~ ~ _',and Miller/Weingarten as to a residential developer for the ~~rella City site~ -,r , . i.;,~PJ Sf:t. #Ot/1,; 1"() A /J ii. A resolution supporting the August 10, 1998 Master Plan proposed by the ~ff'90 Engle~~l)vironrnental Foundation and Miller/Weingarten for the Cinderella tJf!' 5-;i. City site .~ r r lfft1!;:IIA-8h.)1W,-1u..,vp) 13 . City Manager's Report . a . Englewood Center Update . 14. City Attorney's Report . Adjournment. r: 3/1 f*-' The following minutes were transmitted to City Council between 7/31/98-8/13/98 : • Englewood Election Commission meeting of May 13, 1998 • Englewood Cultural Arts Commission meeting of July 1 , 1998 • Englewood Planning and Zoning Commission meeting of July 7, 1998 • Englewood Liquor Licensing Authority meeting of July 8, 1998 • Englewood Parks and Recreation Commission meeting of July 9, 1998 • Englewood Clean , Green and Proud Commission meeting of July 14 , 1998 DEFEATEO:M (AYES : NMHOlZ, GARRETT, ClAPP) CLAPP MOIIEO TO AMEND RESOLUTION NO. N TO SPECIFICAU. Y PROHalT AHY FEDERAL MONEY Of AHY IONO, INCLUDING IIUNIOES FOR RENTS , ONLY PERTAINING TO THE HOUUIO COWONENT OF THE CINDERELLA CITY DEVELOPMENT PINN note: If you haw• dlublllly and nNd auxlllary alda or wvloN, ....-nam, 1118 Cly of 11!11glewood (712-2405) at INat 41 hows In advance of when Nrv1oN .. nNClad. n.1k you. . ' • .. •· • 0 , ~?)('I ]- ] 1. 2 . 3. 4 . • • • . . AGENDA FOR THE REGULAR MEETING OF \, \. THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 17, 1998 7:30P.M. Call to order. '7;J5~ Invocation./)~ Pledge of Allegiance. ~ Roll Call. 5 . Minutes . /Jl94J ~,. / a . Minutes from the Regular City Council meeting of August 3, 1998. /)J~,. -rr "{.f8fn11J: tt.,tf P) · ---·-tf 6. 7 . 8 . 9 . 10. Scheduled Visitors. (Please limit your presentation to ten minutes.) .£:~~uled Visitor-.. (Please limit your p1'8S8ntatlon to five miriutes.) 4.. ~~ e#'i/SIJU Ir. /lD8llr t)Hts,JJ Communications, Proclamations, and Appointments . ~ . ·,JWJ/n~J~JuA~ PublicHearing . 'Pf''J.-0 ~~ g~4}_;r:-.~...,71 a. A Public Hearing to gather citizen input on a Bill for an Ordinance amending Paving , . . District 38. dfP/ '7~ $/J.-bJJw ~tr~ th,~~ Consent Agenda . a . b . Appr~Ordinances on First Reading. Approval of Ordinances on Second Reading . fr PINN noee: H you haw a dlubllly and IINd ...-, alda or wrlau, ....... nallfy Ille Clly ol lL ... aood (712•2405) at leut 48 houn In advance of ..... ..,,,.. .. ........._ Tlwlk you. ' I .. •· • 0 f n ]- • " - 0 , . • Engl-ood City Council Agenda August 17, 1998 Page2 A}lc/)/101,2-,e,.~oue.D IO I!.. 1 r~~" nit ~J/9;.JfT A(i,IW~A Resolutions and Motion .d[-/Ott ii y-ii/ ~/fJ-O o men ation from t 1lities apartment to approve, by motion, the purchase of a Work True . Staff recommends awarding the bid to Burt ~ fJ-0 Chevrolet, under the Colorado State Bid process, in the '?'~n! of $69,594.00. -rru STAFF SOURCE: Stewart Fonda, Director of Utilities.,,,,,_,,.,,,_ ii. iii . Recomme(ldation from the Department of Financial Services to approve , by motion, the extension of the City's Audit Engagement with Van Schooneveld and Company for Audit Years 1998 and 1999. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Recommendation from the Department of Parks and Recreation to approve, by motion , a contract for tennis court resurfacing . Staff recommends awarding the bid to the low bidder, All Seasons Tennis Courts, at a cost of $38,999.00. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . i. ii. Council Bill No. 48 -Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the sale of the Depot Building to the Englewood Historical Society under an installment contract. STAFF SOURCE;,i,o~rt Stmp~n, Director of Neighborhood and Business Development. ~ Council Bill No . 49 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the current agreement with Pro Putt, Inc. STAFF SOURCES: Jerrell Black, Director of Parks and Recrutlon and Bob Spada, Manager of Golf Operations. b . Approval of Ordinances on Second Reading . tJ1d, :J:5'/ 6ffJI f/-() i. Council Bill No. 41, amending Paving District 38. ~ (!ZJJl,-fl;a,,J !iifsrt;/: lfll;'J~g1 B~ving the sale of a property developed for Project ~"4. ff, I iii. Council Bill No. 46, approving the purchase , under certain ~'!"1. ~ .,onditions, • ~{ j /!,Sflt-lV : 'Jl'/Jff'ft property from Englewood Historical Society.//~ ~~ iv . Council "I No . 47, approving the exchange of City-owned real property for real ',-/ --~~~rty own~.by ~ng~ewood Housing Authority under certain terms and ,f~/A):~tions. t:,~ c . Resolutions and Motions. /).Jut 8f 1. ofl-''7-() Recommendation from the Administrative Services Department to adopt a resolution establishing employee compensation for 1999. STAFF SOURCE: Jackie Meadows, Acting Co-Director of Administrative s.r.tc:es. ~ PINN nae.: If you haw a disability and need auxlllary aids or Nt'VlcH, plNN noaty Ille Cly ol Englewood (712-2405) at least 41 hows In aclvMce of when NrVlcn .,. l'INded. Tiwlk you. •• ' ·- ... i •· • C f 2 • • • -_Englewood City Councll Agallda August 17, 1111 Pap3 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. ~jitt I. A ruolutiofl supporting the choice of the Englewood Environmental FoundallonJ..1.. • • 1 .---'"4fJ, . A 1 .u11 "land Miller/Weingarten as to a residential «;teveloper for the ~rella City site~ • ~..J 5e~ ~Ot/14) 11J A/AaJ/J /Ji.AJl,n,. ii. A resolution supporting the August 10, 1998 MaaterPlan proposed by the ~W. E~~~ Foundation and Miller/Weingarten for the Cinderella ~s ... :,.. Cityslte.~ -rr t "'411:,.:llltB#IJIN/r/UH,) 13. City Manager's Report. a Englewood Center Update. 14. City Attomey's Report. Adjoumment. f: !:1/ f*-,' The following minutes were transmitted to City Council between 7/31198-8/13198: • Englewood Election Commiulon meeting of May 13, 1998 • Englewood Cultural Arts Commiuion meeting of July 1, 1998 • Englewood Planning and Zoning Commiaion meeting of July 7, 1998 • Englewood Liquor Licensing Authorlly meeting of July 8, 1998 • Englewood Parka and Recreation ColMllulon meeting of July 9, 1998 • Englewood Clean, Glwl and Proud Conwniaion fflNllng of July 14, 1998 Cl.APP IIIOVED TO M8G IIUOWl10N NO. •10 IPEC:.ICALL Y ~ /111'1 l'IDIIIAL IIONEY 0# /111'1 ICIND, INCIUONa wmu P'OII IIINTS, ONLYNlffW TOTHI HOUIING~0/1 THI C'WIIEUA CITY DEWI.OPMINT ......... : ,,....._. •• ea, ........ r , ......... , ..... ..., .. a,.,•wi .. ~ (7D-1411)al ............................... _ ...... ,...,... • . • • 0 - , 1 . 2 . 3 . 4 . • • - AGENDA FOR THE REGULAR MEETING OF ' (• THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 17, 1998 7 :30 P .M . Call to order. '7:J5~ Invocation./)~ Pledge of Allegiance . ~ RollCall. '7 ~ 5 . Minutes . ,, - IJl:Jtu/ (,_-/ a . Minutes from the Regular City Council meeting of August 3, 1998. /)/_Nd .,, -rr"(,f8lfl1IJ:WfP) . · ~-·-tf • 6 . 7 . 8 . 9. 10. Scheduled Visitors . (Please limit your presentation to ten minutes.) £:~uled Visito,... (Please limit your presentation to five minutes.) 4.. ~ !tr I! #I IS/JU Ir .11..01ur ~H~JJ Communications, Proclamations, and Appointments . ~ ~~JjJ,, .. ~ PublicHearing . 4/)fl'l-o ~./1r.Hd .b~~(~~.~-~~-7} a . A Public Hearing to gather citizen input on a Bill for an Ordinance amending Paving .District 38 . 'fP' '}~ ~J.tlnv ~ 1J ~ ih.~ ~ Consent Agenda . a . b . App~Ordinances on First Read ing. Approval of Ordinances on Second Reading. fr PINN nae.: It you hew a dlNbllty and need 8IDdllry alda ar w .rta11, plaW nally .. ca, ol ltlfllsaood (712-2405) at IN9t 41 holn In adwanoe GI when aarvloN ......... T1lalk you. ' • . ... • • 0 'a2xl 1- • ,.. - 0 I• • Engl-ood City Council Agenda August 17, 1998 Page2 A}lc/)/l()t,2-~~orJe /) IO/!_ I r~t nit ~~ ~IJA Resolutions and Motion .ti,-/Oa, ii.,.. iii' Uf/J/1;-o o men tion from t 11ities apartment to approve, by motion , the purchase of a Work True . Staff recommends awarding the bid to Burt ~ fJ-0 Chevrolet, under the Colorado State Bid process, in the a~n! of $69,594.00. ·rrv STAFF SOURCE: Stewart Fonda, Director of Utilities. vv~,.,._ ii. Recommepdation from the Department of Financial Services to approve, by motion, the extension of the City's Audit Engagement with Van Schooneveld and Company for Audit Years 1998 and 1999. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iii . Recommendation from the Department of Parks and Recreation to approve, by motion, a contract for tennis court resurfacing . Staff recommends awarding the bid to the low bidder, All Seasons Tennis Courts , at a cost of $38,999.00. STAFF SOURCES: Jemtll Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda. a . Approval of Ordinances on First Reading . i. ii. Council Bill No . 48 • Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the sale of the Depot Building to the Englewood Historical Society under an installment contract. STAFF SOURCEi l}ot>rt Slmps~n, Director of Neighborhood and Business Dewlopment. ~ Council Bill No. 49 • Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance amending the current agreement with Pro Putt, Inc. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Bob Spada, Manager of Golf Operations. b . Approval of Ordinances on Second Reading . 1)1,d J:sz/. 6f!JI f/-() i. Council Bill No . 41, amending Paving District 38 . ~ ~~dfpl ~\ lu';;if'.I B~ving the sale of a property developed for Project ~~ _ {~ / iii. Council Bill No. 46, approving the purchase , under certain ~'!'11. ~ ;enditions, ~{ A /jSf"t,./,) : 'Jl'lJ~t property from Englewood Historical Society.//~ 0Tll5:~ iv . Council ~I No. 47 , approving the exchange of City-owned real property for real ',-/ .. _~rty ownf11~by ~ng~ewood Housing Authority under certain terms and ,4~1L):~uons. g~ c . Resolutions and Motions . /]Jull:8Y 1 · off''l-0 Recommendation from the Administrative Services Department to adopt a resolution establishing employee compensation for 1999. STAFF SOURCE: Jackie Meadows, Acting Co-Director of Admlnlatratlw Ser+'tcN. ~ PINN noee: N you have a dlsablllty and need auxlllary aids or wvlces, pleaN nollly a. City of Eliglewood (712-2405) at least 41 hours In advance of when NrYlcN .. ........_ 1"IWlk you. ' •· • 0 r ...," ]- - • • • • ~gl-ood City Council Agenda August 17, 1998 Page3 12. General Discussion . a . Mayor's Choice . b . Council Members' Choice. iii i. A resolutiofl supporting the choice of the Englewood Environmental Foundation..t-1~. __ , ., 11 , ~--'land Miller/Weingarten as to a residential developer for the Ci"9Ctrella City site~ I : r..;,wrn/JJ ~t. lfOt/N) ttJ A 11.UJD ii. A resolution supporting the August 10, 1998 Master Plan proposed by the ~ Engle~~vi_ron!"ental Foundation and Miller/Weingarten for the Cinderella tJp/i~ City site.~ r r :11A-~1t11r1u.,,,,) 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. Adjoumment. r: YI,._,,. The following minutes were transmitted to City Council between 7/31/98-8/13198: • Englewood Election Commission meeting of May 13, 1998 • Englewood Cultural Arts Commission meeting of July 1, 1998 • Englewood Planning and Zoning Commission meeting of July 7, 1998 • Englewood Liquor Licensing Authority meeting of July 8, 1998 • Englewood Plll1<s and Recreation Commission meeting of July 9, 1998 • Englewood Clean, Green and Proud Commission meeting of July 14, 1998 CLAPP MOV£O TO MEND IIHOWTION NO . •TO IPECF~Y PIIOtalT Ntr FEDEIIAL MONEY OIi' lilf't laC). INCi IIDNQ WIDES FOii llENTS. ONLY NRTMalG 101"E HOUSING COMPONENT OIi' THE CINDEIIEUA CITY DEVELOPIIENT PINN nole: If you haw•«• HIily and IINd....., aldl or •'1~ 11, plaw nallfy .. Clly of lllfllliwood (712-2405) at least 41 houra In advance of wlwl wvlcN .. ......._ ,,_. you. •. • I • • • 0 - . . • • • CITY OF ENGLEWOOD AUGUST 17, 1111 AGENDA ITEM NO. 9 a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL . TOGA~CITIZEN..uTON AIIIIJ,. FOR AN ORDINANCE AIEltDIIO PAVING DISTRICT a PLEASE PRlff Nftllf ADDRESS . ' • • 0 • • .. • • • 0 • "'~ • ,~ . -' , ENGLEWOOD CITY COUNCD. ENGLEWOOD, AltAPABOE COUNTY, COLORADO AUGUST 3, 1,- l . Cal .. °'*" nc rep1ar meeaag c1111c Eaglewood City Council was called ro on1er by Ma,or Burm • 7:50 p.m. 2 ......... nc ilMll:alioa -gn,ea by Council Member Nabholz. 3. ~.t Alletfeeee nc Pledac « AUqiuce -1ec1 by Ma,or Burm . 4 . ...Cal Present : Council Members Nabliolz. Gama. Bnldsbaw. Habenic:bt, Waggoner, Bums Council Member Clapp (a) COUNCIL Mana a&USIIAW MOYD. AND IT WAS SEC'ONDD, TO APl'llOVE TIR IIONUTl:5 or TD DGUIAa IID1'DIG or JULY .. IM. A,a: C4Wil Meailias Nabliolz. ........ llllla.iclat. w...-...... Nays : Abllaia : Ablait: l1ie IDllbOII c:arricd. Noee CoaaJ Meaer Gama C4aaciJ Meaer Clapp (b) COUNCD. IIUlm NADSBAW MOYD, AND IT WAS 5ECONKD. TO APl'llOVE TIR MINUTES OF TIR 5nCL\L 111U11Nc o, JULY 21, IM. Ayes.: Cow:il Maalias Nalaliolz, Gama, Bnlllllilw, H I ·cru, w...-. a.. ' • . • • - Englewood City Council August 3, 1998 Pagel Nays: Absenl: The motion carried. 6 . Sdledaled Yuiton Then: were no schcdulcd visilOB. • 0 • None Council Member Clapp a) Robin Lenz-Salls, Pn:sidenl and Excc:uciYc Dircclor m tbe Grcaler Englewood Chamber m Commertc, reminded Council lhal tbe Chamber bas been aclMly panic:ipaling in tbe Soulh Broadway Steering Committee meetings. Ms . Lenz-Salls advised lhat, because some of tbe mcmbcB have expressed some concerns. lhc Board of Direcaors devised a lcttcr. which she shared wilh Council. as follows : "Dear Council Members, The Grealer Englewood Chamber of Commen:e would like 10 congralulale City Council and City staff for your progress on lhc Soulh Broadw.ly Plan. You have taken an idea and lhrough diligenl dl'ort broughl forward a plan ready for implemenwion. In regards IO conccpl we exlend our support of tbe cum:nl plan . We do however have concerns wilh specifics Iha! will need IO be addressed IO encourage participation and success . Our concerns are lhc following : Will malching funds and/or low inlereSI loans be made available IO assiSI participating businesses? Will present zoning and ordinances be viewed crealively IO allow lhc plan IO be implemenlecl as needed? Will consideration be given IO pennil businesses IO keep landscaping funds IO improve/c:bangc exteriors and signage? What proc:css will be used IO review new and c:rcative ideas which a plan of lhis magnitude may creale? As we see these coocerns addrcsscd -look fonnrd IO exlcllding our full support. Again, we a,agrallllale your efforts few your progress. Rcspectfu1.ly. Brian Yaklich. Cbairman of the Board .. ~ b) Lcslcr Myers. 4195 Soulh Clarkson Streel, told Council Iha! be is a native m Colorado, and bas never experienced so many problems in I city as be bas in the lasl l1lrce years in Englewood, rqarding vandalism and lhings m Iba! nature. He l1alod 11111 lie is being hanssed by Code EnfortaDelll Officers. There have been ,everaJ notices for lhings Iha& did not 1laYC anything IO do widl him~. be swcd. A notice was left on bis door aboul .,_ -pipes Iba! WCR laying in the alley, lie raid. which the City left laying there. They were nol even mine, lie said. They are up apillll my IPDF, lie continued, bul I do not have I way IO move them. Mr. ~ llaled tbaa Code Enforccmc:al also ~ him a ticket WI week. allhougb be bad I ICmplnl'y pennil in die window . W1lcn lie called IO a them aboul ii, he was IOld be .. -ould have IO &ake it IO court. Some other people in the office said sbc c:ou1d 1laYC voided lhal ticket, be said, and 11\'Cd him the IIOUble m haviaa IO go IO court. Then: aR five Code Enforccmenl Olf"ICCrs in Ille Cil)' m Englewood. •tiicla aupriled bim. lie said, becalllc lie feds dial is awer staffed. He said he SCCS them driving around quite I bit. and lie ~ 6-workiD& 1Willl odicr city councils in tbe pu1 Iba! NonbglcaA. for illlWICC. oaly bas -Code Ellfortcmcat OffiCler .tao allD dDa puking. Mr Myers said be is nol sure m the popeelacion ratio ..._ the IM> cities. blll lie.-dial ... - I· • 0 , • • • • • • • Englewood City Council August 3, 1998 Page 3 -need more police proccaion here !ban -do c:odc enforccmcat. He ra:alled ~ incidents wbeR be has bad windows broken out and it takes up to two hours for tbc police officer to respood to tbc call. He said be is looking for s11ggcstioos as to what -can do to raol\lC -altbese prublems, because there is a lot of vandalism in tbc City cl Englewood. He said be 1IWOUld also lille to "-who bis City Coullcil Member is. Council Mcmba Nabbolz informed llim dlal llis •• ~ is Coullcil Member Clapp, and uy al tbc Council Mcmbas At-1..arF . Mayor Buras said that. --1ly, -do aot clialague at dlis point. We ba\'C a Code Enforccmalt Advi..y Committcc !bat is in tbc pruces -. be said, bccaUllc -U\'C aeceivcd fecdlmt from tbe citizens that they wanted more c:odc caforccmcat. He said that. in Mr. Myers' case. tbc City Mana,cr can find out bis panicular c:iaa11D11aDCCS lild wbedicr be has bad a llllillber of citations or aJlllac:tS tlw arc aot bis fault Mayor Buras said the City docs aot go OUI of the ,ny to tarlC( c:cnain citizens. and we uy to be IOIDCWhal rcasoaablc about tbesc lhings. We bavc an empllasis from the public: oo c:odc cnforccmcnt. As far as IIIM-tllis is c:arricd out oa an individual basis at an iadividual add.as, be said, they arc all a lialc diffamt Catainly the City MaalaFr's office oould lea into )'OUr c:imllillllDCCS be added, that may n,quirc IOillC panicular sensitivity or atlclltion . Mayor Bums med Police Operaliolls Division Chief Vudermce if be kalcw anything about this panicular address. Mr. Vudermce aapoaded that be did not. but requested that Mr. Myers i-e llis plloac number III be oould COilllCt him .__ to abcain the puticulars. He said he will do an inquiay and give him I wriaea aaplllllC. Mr. Myers said tbcrc UVC beat ~ times that be has n,qucslCd I police n:spoi11C and they UVC ncvcr bodlmid to mum bis calls. We bad two \ICliiclcs widi baulim willllaiws within oac week al eacb otlicr, be said, and be spolle to one offiQCr who said there wcae appn,ximalcly tbiny in that IICigllborhood. Mayor Bums said you sbould always Ff I n:spoi11C wl dac 1R wwrtim oda ~ calls dill llappca in bclwccn. whic:11 migllt delay I n:spoillC. but cenaiDly tbcrc slloald always be I iapcaR or plloac call back . c:) Ma,y Piper, 2929 West Uaioa AVCDUC:. told Coullcil that she bad pa tbcm cadl a litl of questions a,ac:cmiag the Denver WW Transfer SCatioD Plaaaed Unit Dc,.dopmcDt. wllidl she is vay muc:b OODCemCd about. She said she 1IWOUlcl lille to lead duuugla the qacsticm. and med t11a1 they be answered IOIIIClimc in the vay near liaturc. because it appears dlal lhings arc moving preay fast oa dais. Ms . Piper lead the following: "The Community Dcvdopmcnt Office: of the City al Sbcridu has iDformcd us dlal Deaver WIiie SyslemS plans I waste taaasfer llalioD for the paupcrty jusl Cllll al the lake and west al the Plane River oa West Ullioa A-. Have Englewood officials beat iDYolved widl die City al Sllcridu' I clec:ilioa to permit this PlaiUlcd Unit ~k:p : a for a twW a...rcr 1717ioa7 .... • . .. • • C ' • • 0 I• • Englewood City Council August 3, 19911 Pagc4 We assume an Environmelllal Impact Study bas been completed Has the Impact Stalement ddenniDcd bow this sensitive eovil'OIIIIIClllal area will be implcled7 Whal does the Environmelllal lmplcl Study pnlpOIC to prolCICl penons. pruperty, waterways, opc:n space, Mllands, 'underground waaer IOUl'CCS, and the CIMl'OIIIIIClll per se? Has 1be City al EDglewood pRMdcd prolCIClioa for its citimls by pRSling lbe City al Sheridan to provide mgrea/egras for dleir Hca\'y llldullrial Dillricl Plawd Ullil ~ apeciaUy clue to die facl dial die canail 'no tnd' sipiDg OIi WCII Ullioa A-CIIIIIIOI be edJn:ed7 Tbe illduslrial tndfic from Sberidaa 's existiDg induslrial lllC bas alrcady illlpKlal aapboriag resideatial disuias. How does Sheridan plan to nJUliC IICXlell b dleir expaded la")' ...... aperaliOII? Have lbe citizens living along West Union Avenue been advilc:d a to die propomt land lllC and what PUD means? Why should this Englewood community already challenged by a IWaslC transfer station be lbe n:pository for Melro Demer· s was1e? The SlellCh from Wasie Management's transfer-. is already bad. How will !be SICIICla al more rolling ga,bage and sewage affect lbe bealtb and safety al thole liviag acuby? Does 1be Enviromnea&al lmpacl SaalCmCIII weigh the drCCl al._ 1Was1C tnmfer ..__ ia c:1oK proximity, the additional traffic tbrougb ~ resideatial -. die pollUlicm, .... aoile, liDXic bazank. SlalCh. fulurc prupeny devaluation and pertaaps laad lclll to roncaminatioa? Does it consider the rwHJft" al cbemicals into the Plaae RMI' (a clrillkiag Mier DUCC ud rea'Clliaul walerWay). and the lcac:hiag into lbe underground SIRIUD dial feeds the lake? Is this Planned Uail Develapmenl to be buill OD pan al u old ludfill? If so, bas the lllil been ICSICd for radioactive panic:les? Does the Pluaed Ullil Dc,ielopmall comply willl all Weral ac1S sudl a the Federal Water Pulllllioe Aa. the Cleu Air Aa. ~ ~ aad lta:oway Aa. .. all odler applicable Weral rqul#icws7" Ms. Piper said lbese questions ~ very uapc,nam ID thole wllo 1M ia die ara. and ia lbe vay - future, we would like to have dais• die.-or ia a_... WWR !MIC a.:am c::a be~ Council Member Bradshaw asked wllen dac PUD will be Fi111 bciR die Sheridan Plaaaiag ud z.oaillg Commission. Ms . Piper said sbe does DOI kmM'. Tbe Cily al Sheridan jull lllld them ID Midi for die signs, which would go up on the property aboul '-weeks ia advuce al die aeeciag. ud ID cbeck die Englewood Herald. We have been 1111d lhal ii bas already beea apprOYed for the building al u office ud a warehouse, bul lhe lranSfer station bas DOI come bef'OR them, slle aid. Mayor Bums advised tbal IIIOll al Council bas oaly k-.. aboul dais for a caaple al days. He aid dial City Ma11aF Sean illlCDded to addral this Wider his ,-ts Iara ia die aec1i111, 11111 ....... 11111 lie migbl like to lpClllt to ii -- Cily Ma11aF Sean rapoadcd dial evaytbiag we kmM> -ii_. *-II)'. He aid lie lard lboul chis al the mayor/mua,er bn:akfml OIi Friday bciR laa Mia! Sliaidaa M-., Rady Yomc WWdicwal ID biJa dial tbeR --plan dial -beiaa loaud al by Sliaidaa afficiak. Mr. Scan aid be ICI up a IIICCliag willl Mr. YOUlll lall Moadly ID l&e a .. al.............. He lwlllld 11111 - • •· • C , ]- • • • Englewood City Council August 3, 1998 Pages • 0 I• - their Council bad apprD\'Cld OD first reading. without even going through any Olbcr analysis, and O\'CI' the objection afboch the Community Dadopmeat Dircclor and the Community Administralor, a plan for the site IO include a shop and an office building. The PUD -IO be fonllaJming. although be did not know when. Mr. Scars said be wen1 !)Ill ID the site, wbic:b is now clcan:d on: and made contact with Ted Zigan, who appan:ntly is the owner aC the site. He inlCrjectcd that be c:oulcl pc Ms. Piper bis tdepboac number. Mr. Zigan IIIClllioncd 10 Mr. Sears about polClllia1ly running a bydrul along the Englewood property, wbic:b is in public 1C1Vic:c along Union Aw:nuc:, and be wanled to see if there -support with the Englewood City Council for him IO do lbal for fire lllppRlsion IJIIIPl*I. Mr. Sears said they l')l inlO a little bit aC a clilJCIIISioa l&ll Monday aigbl about dill as i-t aC the evaluation. but they did not go iDlo any further ddail. Mr. Sears said be c:allcd Mr. Zigan oa TIIClday and laid him they bad not bad an opportunity IO talk about this in cklail. but the City aC Eaglcwood bad a 1oc aC concerns about that site. In particular all the issues that Ms . Piper railed, the rdalMasbip IO the lake. the stream. the access OD10 the property. mntimA!ion aflraffic enforcrmcal i-. fire IIIIIPfalioa. and whether or not the septic system they arc proposing would wort . They did not know whether a shallow well would wort. because there is no water source through our system that Ibey arc going IO tap inlO or Denver's sySlem. Mr. Zigan said be guessed the City of Englewood is in opposition IO this. He proposed 10 Mr. Scars that be would 1110YC the uansfer station away from the lake if-would wort with him with the hydrant. Mr. Sears said be did not have authority IO do that. and Mr. Zipn said fine. based OD that. be -going IO put the uansfer station next 1a the lake. Mr. Sears said Ibey did not ave in a very positive rda1ionsbip a1 thal poinL SubiicqllClllly. Mr. Sears said be bas tried IO Fl in laUcb with Mr. Young. and be bas been unable 10 do ID. and docs DOI know the SllblS of the UIUC Ul lcrms af whee Sheridan' S Council is. He said be unden1ands. howe\u. tllal ii is zoned bea\'y iaduslrial. and IO c:ban,e that USC would either be a laking of property or do,o11 mning of pruperty. He said ii is a use: by right lhal they can go in there and cbdop tbaL Mr. Scars said be bas UlllnlClcd sull" 10 lake a look al all of the issues rdaling IO fire suppression, and •11dber or DOI Ibey arc~ the file aide. We have been in aJlltact with the Counly. which would approve the sq,tic system, be said. as the City would have IO Ff approval from the County or health dcpanmcnl to do that . We do DOI bavc an arrangcmm1 that would CIICOUl'llF a water line. be added. He said all these issues ha\ -c been IDClllioacd IO Randy Young. the Sheridan City Administral«. and be cna,uragcd Ms. Piper IO bring this 1eaer 10 the Sheridan City Council and inform them of all these a,nccms. Mr. Scars said be is looking ror die directioa aC our Council . He said bis illlablD is to disam with Mr. Young any allenlalivcs lhal may be 1oabd al for 11111 site ad dlca bring them back IO Council. He stressed that Council is very --about dais illUC. Ms. Piper said the)· illlClld 10 approacll Slaidaa 10'0 tJiac ......,_ Md man:. bul arc boping ror Engn'OOCl 's support. ilccaulic lllis is a ~ Sllllalioa. SIie asked if dicy arc .. reqlliRd 10 bavc aa cnviroamcnral impaa sblCIDeal aad llhld) doac dCII a sq,tic sy11m1 is plaucd IICXI 10 a fisllUlg lake. Mr. Sears said be docs not tJ1i11k ID. as dicy bavc dlcir OMI .. a( n:plMioN wl buildiag codes di# dicy follow . Thcy arc an UICllll1)llfate c I isy. 111 dicy c:aa do dial.. Tllerc -. bowcYcr, a mllllller ol a,nccms with the dcpartmcal ol bcaldl. 111d adicrl. rqarclillg thc landfall 111d thole rdalioas with thc Wllenl'l)-S. •1lcre thcy may bavc IO Fl -appnMII. 11icy bavc tlleir own inlcmal plaaaing procca, howc\-cr, and Ibey arc not subjca IO our rules Md n:p:IMioN Ms . Piper said ii is bcr lllldcnlaadin& di# thcy _.. IO IIIC ii for all thc Inds lhal now go to Eagle, like Swami! and BA and all thcK adlcrs. SIie allal Mr. Sears if lie bas asked bow llley illlCDd 10 Fl 10 lhal pruperty. Council Member 8radsllaw llalcd dial s1le callad COUIM:il Member Waldo, from Shcridaa., today w1 cbaacd with 1lim. wl lie basically aid thcy bavc clecidcd IO pal ii ia, m live MIia it. Ms. Bradllllw aid she told him lhal --eco:p!#c. SIie aid Ille is goiag IO call --c:aa:il pa,plc _. ~ • ... II - • . ' - •· • 0 , 2 I • • • Englewood City Council August J , 1998 Pagc6 • 0 • and she enc:owqcd Ms. Piper to pursue the PUD bearing. She asked Ms. Piper to call and let lier kmM where it is, ID !hat Ille can IIIClld. Ms . Piper asked if~ is -,dliag cls dlcy can ..,.. far lbea to do ia the ialcrim. Mayor Bara aid lie can CDIUCl dleir-,... al~ people. Ms . Piper aid aace dial FIS ill. Ille value aldleir propeny will lie pae. SIie __. 11111. ripl -. die Uw:lt lnlllic-* • Ullicm is lad apia. May lina ii is dle-Cl&Mas .. ae *-11 ii. people wllo allady kmw dley ae .......... ID lie dleft. As 1aag • dleft is .. a ,.... car 6-. dley will do ii if dlcy ca. ne palice-. ad dley uy ID do .,..,.. ... ii........ ..... • i+es ..._ Illa', --ripl '**. ii apia. ,,.,... ........ ID .... ~ ...... Wc*-w..._ ........ ..,.....C-=il c:adoto lldpwaaldlleq; ·-............. 4# ............. farandyoadle ........ Ms . Piper .ted if dley .,.... lave ID .it a111 a -liK. Mr. Scars lllid dlcy are saying dley are ,oiag lO -a llqllic ~ Ms. Pifer .ted if'dley-'t lave ID -a -lille • all then. TIie sa. aad Ille c.ouaay 1111111 approw: 11111. Mr. Scars lllid. ad we._ '1 t.w wllal tlle rqulalioas are at !his point. We baYe voiced awlfilNIII IO it dnDp our mlf bet. -. apia. lllis is 11111 in Eoglewoocl's jurudiclioa ID -don 'I baYe tlle allilily IO WSO, lie explaiaal. I . Ce-r tr There -no QOffln•aicat~. prodamarioos. or appoi..,.,. 9 . l'IIWic Ilaria& No public bQriag -ICbcdulal lldiR Council . 10. C.....A..- (a) AppnMI o(Ordiamzc oe Finl Rmdiag There -110 additioaal iiea. ll!bmiacd far appn,wal 08 finl radilt&-(See A.-baa 11 -Rcplar Apela.) (b) AppnMI o(OnlinaDca CIII Second Radillg COIJJICll. MEIDU WAGGONER MOVED. AND IT WAS SECONHD. TO APPROVE AGENDA ITEMS II (It) (i) TBllOUCH (ff) ON SECOND llEADINC. (i) ORDINANCE NO . 50, SERIES OF 1991 (COUNCll. BllL NO . 40, IN11l0DUCED BY COUNCIL MEMBER NABHOU) AN ORDINANCE AlTl'HORIZING A GRANT OF WA11:R LINE EASEMEJllT BETWEEN ntE crJY OF ENGLEWOOD. <XX.ORADO AND S1UHEN AND LORI MIU.Ell FOR ntE PURPOSE OF INST ALLING A WAlBl MAIN nJST NOR111 OF EAST BATl!S ON SOlTl1I EMERSON STREET. (ii) ORDINANCE NO . 51. SERIES OF 1991 (COUNCll. BllL NO. 42. DffllODUCEl> BY COUNCll. MEMBER NABHOLZ) • •. • • 0 ··-. : ·~ f. ' EagleMIOd City C.ouacil AupaJ.1991 Pqc7 . . • • .. AN CWU>INANCE APPROVING AN Dm:ROOVERNMENl'AL AGlll!EMElff FOil MAINTENANCE OF LANDSCAPING ALONG 1ltE SOU11I SANl'A FE CORRIDOR BETWl:EN 11IE CTTY OF ENGLEWOOD, COLORADO AND 11IE C1Y OF SHERIDAN . (iii) ORDINANCE NO . S2, SERIES OF 1991 (COUNCD.. Bill. NO . 43, INTRODUCED BY OOUNCIL MEMBER NABHOU) AN CWU>INANCE AtmtOIUZlNO 11IE VACATION OF AN EIOKI' fOOT trmJ1Y EASEMENT ON 11IE SOU111 SIDE OF LOTS I, 2 AND J IE.LE ISLE GAltDl!NS SUBDIVISION, t-' PILING LOCATED AT 11IE SOUl1IEAST CORNER OF WEST 1UFl'S A VENUE AND SOU11I WINDEltMERE STREET. (iv) ORDINANCE NO . SJ. SERIES OF 1991 (COUNCIL Blll. NO . 44. INTilODUCED BY COUNCD.. MEMBER NABHOLZ) AN ORDINANCE AU1HORIZING 11IE VACATION OF RIGHT-OF-WAY UX:ATED IN 11IE IIOO BLOCK OF WEST CORNEll. A VENUE AND SOU11I SHOSHONE STREET BY 11IE C1Y OF ENGLEWOOD. COI..ORAOO. C.ouacil Melllben Nabllolz. Gural. Bradshaw. Hllbmiclll. w...-a . ... Nae Couecil Member Clapp (c:) Paoh~ ad Moliw COUNCIL IIDREll WAGCONEll MOVED. AND IT WAS SECONDU. 10 APl'llOVE CONSENT AGENDA ITDI II (c) (i). (i) A CON11lACT FOil CONS11WCTION OF CX>NCltE1E lTIUJ1Y • Willi 11IOl1IT Blt011EtS alNCIIE1E c::otrmACTORS, INCXIU'OllATED IN 11IE AMOUNT Of S291, Jll.2S . Ayes : Nays : Ableal: The IDlllioa carried. II ....... qma (a) c-il Mclllben Nallllalz. Olm:a, Bradlllaw. Habalidll. w....-. ... Nae Couecil Member Clapp ...,_.._ ........... A..-lllall(a)•awicfwilealllllllpalaia•6cP ,i • ...... Alllllarily, die Hien:al Sally .. die Cily .... * .,.._ a--.. c:llain ... ...... Alllllarily, ...,. ................... .., .-ea,~ ..... -~- . , •, .. • 0 I Englewood City Council August 3, 1998 Pqe& • • • ... lbould abslain from WliDg oo lhme items. Also, be said. A,mda ban 11 (a) (iv) is in aml of_ revision. This is die imaallmcnt coattact bctMca die City and die Hillarical Society. be advilCd. and we .-e been asbd by Slaff' to pull dial itan. Mayor Baras ldl die dais ad asbd Mayor Pru Tan Habenicbt to chair this portion o{ die meding. (i) Housing Fiaancc Spa:ialisl Grimmett preaaud a recommcnctMioo from die Englewood Housing Authority to adopt a Bill for an Ordinance approving die sale of a property dewdopcd for Projccl BURD. Ms. Grimmett advised dlll dais is jusl a bourtecpiag maacr requatiag that die pn,paty M m Wat Oxford A-be appnMd b sale. TIie pn,jec:t Im been completed, she said. we .-ea CIOIIUXt oo it and we aml to be able to dme oo die property. Tbe DqJuly City Cert -asbd to rad c-:il Bill No . " by tide: COUNCll.. Bll..L NO . 4S. INTRODUCED BY COUNCn.. MEMBER BRADSHAW A Bll..L FOR AN ORDINANCE APPROVING l1iE SALE ON l1iE OPEN MARKET OF A PROPER1Y , WHJOi WAS DEVELOPED FOR lliE '"BUILD" PROJECT . COVNCU. MEMSER •RADSBAW MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITEM 11 (a) (i) • COUNCIL •Ill. NO. 45 ON FlltST HADING. Ayes: Council Mcmbm Nabllolz. Gamll, Bndsllaw. Habeniclll. Wagoner Nays: Nooe Abllaia: Mayor Buras Absent: Council Member Clapp Tbe aocioo carried. (ii) DiRCtor Simploa pr--.1 a 11111 I 1Mioe from die Dcplr1W o{ ~ wt Bllsi-.1:k,idapmalt to adopt a Bill far• 0.-appnMIII die pllldlw. ader ccnaill laml and condilioos. o{ die Depoe property rn. die~ HillOrical Society. Mr. Suiipa,a aabd die City Aaorney if lllcre arc aay iaa. c-:il Mallllcr ~aid* .-Id like darificalioa. Sllie .... ildlcrc --W111i1F dill ~ to be clc:ual up . Mr . Bruu.mu lllid dais is aa.auy die purc1me r,-die Hitlaric:al Society _. dlcrc 1m 11ca ., cqec:lioD to dais OIIC by die HillOrical Society or die Housing Alllllority. Council Member Habellidll asbd for clarific:alioo B to MICdler ac c:aa wale oa dlis if ac is I mcabcr o{ die HiSIOrical Socidy. City Altonlcy Brouman advised that she ca11 wale. Tbe DqJuly City Clat -asbd to rad Council Bill No . 46 by tide: COUNCll. BILL NO . 46 , ll'mlOOUCED BY COUNCll. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING PURCHASE. UNDER CERTAIN 11:llMS AND CONDITIONS. OF l1iE DEPOT PROPER1Y FROM ENCil.EWOOD HISTORICAL SOCIETY. COVNCU. MEMUll SUDSIIAW IIOVED, AIU IT WAS SU'OIIIN8, TO APP110VE AGENDA ITEM 11 (a) 00-COIJNC'IL 811.L NO.• ON '111ST UA81NG. • .. • • 0 , -• • - Englewood City Council August 3, 1998 PIF9 Ayes: Nays : Abllaia : Ableal: Couacil Mmlllas NabWz, Gama, Bndmw, Habeaicbt. Wagoner Nae Mayor a.. Couacil Mmlller Clapp Tbc llllllioo carried. (iii) DiftlClllr Siapma pr--.1 a 10 1Jrie• rn. die 0qa._. oL Nelgllbadlood and Bllliw ~ I If C SO adopt a BiU for• Onbalc appnMIII die cxdlaaF oL Cisy-.ed .al property for .al property owlllld by die F........., Hamiaa Aadlarity adr:r calaia 1mm wl mnctisions Mr. Si..-aid dlll c:acll w oLdlclC idalm sow alpllCl oLdle Dcp,l property. 0ae is ror pan:11aK a die bllildia&. -is for die an-d. ad £llis w is• adlaaF « -a tbe putmg aaa acar tbe Dcp,t 1or , a111e va111e pnlpClliel a1oac Saa£1i 1aca ... So1121t Aaaa. lie Cllplaiad. RcprdiDg £be -Ccwil .-iciwd OIi die bact oLdle ............ Couacil Melllla' Bladlllaw aid, in tbe dwd pangnipla, is says~-an FHA pn,pam. Prajcc£ BUILD would .,. be ,equired so 11at City policies. and procedu,a or subjcc:t 20 City CMl'ligbs." SIie IIIUd Mia£ tbas means. Mr. Simpson ,apoaded that. under this puticular am.....-,. bccaulc M arc using only Prajcc£ BUILD fUllds III acquiR tbe Depot property, there wiU be no -City moaey and M wiU .,. llave dina CMl'liglls oLtbas program uy loqer. 1£ wiU be IOSally ..... All2llority p,ogram . TIiey llave made a _.,.... so illlow similar piddiws ,.., dley llave ia tbe ... ud CIJIISiw a ...tiag id#icJnship wish us, bu£ is is fair Ill say 1lley do ... llave Ill, lie said. TIie Depusy City Cleat -.... Ill ,ad Couacil BiU No . " by lisle : COUNCn.. Bn..L NO . 47, Im1lODUCFD BY COUNCIL MEMBER BRADSHAW A Bn..L FOR AN ORDINANCE APPROVING FXOIANOF OF CITY-OWNED REAL PROPFR1Y FOR REAL PROPFR1Y OWNED BY ENGLEWOOD HOUSING AtmlORl1Y UNDER CERT A1N 1ERMS AND CONDITIONS. COUNCIL MEMaER aliDSBAW MOVED, AND ff WAS SECONDED, 10 Al'PllOVE AGENDA ITEM 11 (a) (iii) -COUNCIL an.L NO." ON naST IIEADINC. Ayes : Council Maabers NabWz, Gama, Bladlllaw. Ha1aic11£. W~ Nays : Nc-e Ablsain : Mayor e.. Ableal: Council Mmlller Clapp The ..,..,. carried. Mayor Bums ,awned his position OIi tbe dais. (iv) Council Bill No. 41 -pulled. (See 11115 7 ad I .) (b) Appi'IMI W~ OD SeaJad Radiag There -., addi£ioaal ilcms lllilllai£2lad for~ c-ll!Cllllld .adias. (See A.-baa 10 -c-Ale*-) (C) ,- • . .. I· • 0 ~ 0 [l " 1r Ii illi ~i ii It' !ll'f iitffJilf[ !if ei £ ( . I I J:FI ,~a~~ . g1~1r .J1J~~t1[1 i1 l!s ! I 111 i f l!fl ii;~~ i 11111 II:itil{!is i r·f i I 1111 7 ~ ~ I .. fir~ ,,~~rl•J'·i t , .. I~ s i I l r · • 1 I rl i(f [IS[ f !lJf ii 11 i ! ~l}i !tllfiiJflf ii, ! I 1 11Jil• ~5 II ; Jl1! 111 1 ~1tlJl,1 9! I I t II 1~ ;g F't{ .. i•'t1·1·1· U i } f tJ· •. 51 1 im f. h1 liti(!I 1 •1 II • ... i -! !Q 9[1 ~,,~j(~i' 11 f : 1 1fi1 •a Ji I': i'liJ1,itl, ' . r ·t' I a ii! ,rr~ .,~,J~lf 1' I •· ir ~ I •. .! 1 ; s Ji I 1 ul. I ~ ;.n n11u.,f , I 1 1 1 l r 1 1J r I· JI 19 .. 'f .. · rJ .1 . , , , ... s r , . \ • • I . . . i #!..; . . . . 'II • • • 1:1~ 1~ 11~ l}~ 1r~ ff~ iJ}t~ J1 i, ~,1 !!f !11~ Ir 11-11 IJ i!f J:I, iJl'' ~ I r] !h io ff ti ac: . I 111 ll 1c:f I J-1 ·• • ., iJi 1 !l Ii I ii [i~ ! t ltil~ Bi 11 Ii 1 I ifl· i ii~! 11 if i r~ Ui f1il · Plf i 1 ):I i 1if f ·fl~l'f J r , ;;· 1 • 1 J • al, 1· ., ( 1 1 ! r I r r ~ : r Ii• II Ji r1 f~i iil 1'1, r ii·!~~ I ·1 ff! J!I t! 1 !1 r· ffl ifl 1!1111 !1 IIJ i tfJ~ 11( l ! r I f • 11 • !' , l r I f h r 11 if •·~ f 11 rJ ~6~ '111 ~111 r1 1r, ';~, 1 1 • l 11 1 r i ~ f. 1 t. . ! e . r ~ r I r J. It H i 1 · i 1 ,f, ~ n i, u It I i i: J. r i 1JJ ~ if !i lrf . ~! i!lf II I~ 1 '•· I I . ~, .1 'lJ ,i ,11r '1 11 , 111 1: t I• r ~!f I' !'~1 ti ', !I~ f I il t f It ir f Pl ~ r I • , . \, . 0 • • ~ .. r , L..J I I .... ~ . ' " ' - • Englewood City Council August 3, 1998 Page 12 ..... • 0 •• - Mayor Bums advised that be bas asked City Manager Scars 10 find OUl ihe C\'CI' go1 the SI0,000.00 a,ntributioo back from WW ~laagrmc:n« dull Ibey witbbclcl. ..... (iii) Council Member Wagoacr: I . He: said be was surprised that one m die earlier qualiom iacluded the COIIIIDClll -especially due 10 the faa that die CWTClll ao Ind signing oa Wal Ullioa A-CIIIIIOC be eafon:ed.-He: asked if dull was a true SlalCIDClll. City Attorney Broumaa said Ibey arc lalkiag pnc:tical l'llber than legal . Mr. Wagoner asked if Ibey can't put police cars OUl there dull arc DI clilguix. Council Member Nabholz agreed. adding that Ibey need to do thal on Dartmouth also. City Manager Scars said thal Opentions Division Chief Vandcnnce bas tried IO manage thal issue. He asked Chief Vandc:rmec: to speak about iL Chief Vandc:rmec: advised lhal.. elating back to wbca the rcstrictiOIIS were imposed, we have spent a tremendous amount of effort. assigning cars ckn>11 then: on a regular basis . Oae mthe problems is that we arc not dealing with traffic that goes through then: oa a regular basis. MOit m them arc Inds from Olber counties. Ccnaialy die COIISlnlction • Belleview and Santa Fe: inftucnccs iL and the: lrlffic backs up oa Sallla Fe: as a rault m thaL Pmplc: sun takiag sllOlt cuts. Council Member Waggoner said ifbe was, tJUCkcr and saw a police car sitting lllcR. be~ t* anotlier way, too. He: acct ifwc can't put somccbiag out tbcrc and play anc: littlc games widl dian or somdhiag. Chic:f Vandc:rmec: said. from III c:nforcc:meat pcnpc,ctivc. bc: docs not red it bas aaytbiag to do with whctbc:r thc:rc: is a patrol car thc:rc:. By the time: Ibey 111C1C a police car. Ibey arc DI banns way already. bc: advised. If Ibey have made: the: lW1I to go easlbound oa Union from Fedcn1. and we have becD silliag • Decatur or Oay. once Ibey arc thc:rc:. Ibey arc there. T1lc:y can't a\'Oid die c:oataa witb die police• dial point Mayor Bums said Public Worts DiJCClor Esterly spolr.c: about this plfflCIUSly . that oacc: you tun ad tllea 111C1C the sign. you can't tum around. He: asked if there is , sip that c:aa be put OUl there dial you caa - from Fcdc:nl . Chief Vandc:rmec: said lllcR is not. there arc no ad\'lnccd 1WW1WII sips. m die Sllle 1115 frowned oa it. He: said be: inquired about it c:artic:r. and lllcR is somccbi111 about die Sllle sayilla we caa 't put any more sips Oil thc:rc: IO cluncr up the Ullel'leCSioa. 11lal is I pn,blca. be: said. UI tcral WIIYUII ID manage: the tnff'ic. A lnlCk. for c:uaaplc:. that is a•Wlouad oa Federal tbal ClllCft UllO die ldl 111111 1w to go easlbound oa Union. if be: ICICS the sip. -bas I.a c:lloica to aake. He: cu make: a ldl 111111 ad go into, rmricted area. or drive oa the wrong side: mthe road 10 uy 11111 .. back across die~--- and mc:rgc: with fOUlhbound llllric, be: said. Cbic:f Vandc:rmec: said be: bas becD ~ quile I bit m time: down then: and bas not scen tbat as a problc:lll. Tbc: Ind dmas bc: bas axacted ,-..cty do • 111C1C the: sign. arc not familiar witb die area ud bavc ao idea tbal tbe lalriC1ioa exit1s. He: aid be: 1111 • IIICICn anyone: be: would term a malicious o«cndcr, -doiag it jusl ID be llllly widl die ~ MIO live then:. Mayor Bums said he: bas wa sips io Olber •1aicip1litia tbal ay • ldl 111111 aext block. He: aid we rc:a11y have a problem if we can't WUll lll)'OK tbal dlcy caa • 111111 ia lbc:ft. Oicf V-*'-...... but said be bdic:Yes it is the Scale tbal c:ootnJls tbe 8P1F oa Fedaal ad 1111 aid m -1ipa. • "' - • I· • f 1r ii I,,~ I 11(!1 iii !tft 1 1·11~ it'flii filill!ll 1 1!! fl rl t H I if'!f I ,11 Un ,1t ,iii 1hrl1ffl 1 " ti · fr t! !fJrl 111 Jli!Jl,I 11111 ii~1<it1~~11 i ~1 I 1 ~t ! l~ II afl 1;:J}·~;11 J11 1 I · 1 f~llifl !i ~ l ~ 1 f~i 1 : Ii 1 ft ·lf~f ~~l{J '!Ji•1~li 11 r I fl ~ .,,,• 1~1 l .• •1.H :th~ 1, ·[ lu JJ ! I fi I 1rftl tr, iJ11(1 11 l~f:J lt~!rl•ft i' 11 1t I ~111111, lit~tf!r J!lil 11I1ltJi! r! f J If l il(~i f•1'!11tftff1J' tff}J ff!ti 11,iit 11 · J I r J I i . f I I I r ('I ;: . I ' •• f J I r : ~ i t ': , I t I<~-f I I I IJ ~ f 'I· f I Ii I ( ! I . t 'j r 1· 1< ii , J, t ,, ••. i•t r lt, ''llli' l.i I iJ. !11, 1'1 f.i,tt'J ,;1 ,, 1J : ,1181 . . Is •' i . I ~ s s . I J ! '! 'i rt r , . \_ 0 • I I . . . . , .. . ~ • . " I I 'J 'fi ti t ,.,1;~ 'i r1 ~ lff ~fili ~i !If Ii I I 'I ii .111~ If f!~ i l .r l,r!f IR : I f r &' ! r 11 ! r !' t ' I ! •t I I l fr 1 • ii s. 'J 1·1 i 11 . lfi ~, Ii ( ,f ~,1,s f i t •. ! f &' . f I il' a, r l I i f f • f I I 1· . I I I r , - 1 f, •111 1 1f,f1 &t rt I IJf I ',Ii 1~ , ! l a. I 1 1If 11 t, s, . . . 1? , s 1, . I ! ii f i . I :.11 ,I i! !I nl ,if n ; = s. ; 'I. i 1 : 1· J 1111 l U I J ! J 1 [ r J 11 I ft . l 1 . ( f . . I · 1 'i I· I:: ·1 I 11 Ir r a, f 1r •1 r 11, 111 s II :~! 1!11! 1! i f Jr , ·~,,,. , '& 'I '1Jfl ,t l • f ! '1' 1! i [ I [ Ir iuU u I~ i ! f'fa. I lr !I rl ti JI r •1 t 11~1!1 : 11 1, •rl111! J J Jl!Jif f 1! 11 l[flf I s · ' 1 I t 1 s If l I . . . ~ 'l • ' _, ·"· , . 1~ • ' . b • p l' 0 • ]- Eacl oad Cily c.-:i1 Mplll, 1991 ... ., . ' • • • Mll)wBlnl 11111, .._,ouil ill dleaadacc, it is-,._.• Ills. n...,_...as ,. - - wry lilllly, lie llid, w1 die,.... iiliu..pllollc is w pictills IP a wllale a.. He.-lie llllpcs we M¥C a w flllle at -eicaticw .,._ ia die Foley's bllildias-He ..... llill. if,-.-ap. it lldps. IS. ~ z• IIAYOll auaNS IIOVD TO ADIOUU. 1k ...._.._...a l :46 p.a. . ' • . .. • • 0 I - • • PIIOOF OF PUBUCATION -ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF MAPAHOE - I, Gerard J . ......,, do solemnly - lllllamtt,e~ ... PlllM t1 of the ENGLEWOOD HERALD; that e. -is a WNkly ne •~ pub- lished in the City of Littleton in the c:o..y of~ ... of Col- ..... and has a general circulation '*-in; that said ~ ha bNn ....,,., corCinuoUaly and unir*ffllPl- ecly in Aid couner of ArapallN for a ~ al rno,w than 52 WNb pnor to .... publication al the ........ lloe: that Niel n• ~ is ---in .. Paa! Office al ~ CcllolailD. • 5-ld Clasa Mail matlllf and ... the said newspaper is a ne~t within the meani119 of the act of the Ganeral ~ al ttw -of Col- ..... approV9CI March 30. 1923. and ..-.ci "L.elal ...._ ... Mos .... _... and Olher ac:11 rwlating to e. prinllng and publishing of legal nallca and -published in !he ragular ancl en11re _.. of said ,,....,.,..., once NCh week, on ttw same day of Nd! week. for a period of / canNCUliw insellions and 11111 iiifiini publication al saiO notice -in the~ al said ~ Claled ~~tf ,g!if ...o-..:;:a:: al said notice -v..: ... al said newspaper -- ~~~~~~~~~~ 1~ ~4= ~ and swom tc bllbw me, a • this~day c"'-.-~IW,.,,l~"5r:-,,.-A1m' ..,.Cos ····~- • • • CITY OF ENGLEWOOD ...... -·-------Clllalll ........ C 2 ~-....... ..... ................ c...al ...... _.-ru,-.aT:11 .... ..... c...al~ .. ............... -... ... , ............... a.L .... . =-.... ...-:r• •• .... ClffCII' _ _.. CCIICIPNN); _ .... CCIIISTMC1DI -..niLl,A1IDIICII' .._,. ...... .... ama. _.. .. .,.,.. .... USC -rn, Jaanat_... -rWMWl'M.8:,.. anaa,....~..,..,.. IIDl ........ ana:r. tcCUCLa.L IG.CII ..................... ..................... ........................ ---a.-...... -.-1l,111L ..... ..... ..................... ... --Glllt'a--,...... ...... -.. ..................... --.................. -c.a,,a. u,aallliaA. .... ~ c:a,a. ............. _ ...... .... .......... Clllla* .. . ... ,,,_ .. •· • 0 ]- - • . ,, ~ • • .. • CITY OF ENGLEWOOD PAVING DISTRICT NO. 38 RE-CREATED AND RE-ESTABLISHED PUBLIC HEARING AUGUST ·11, 1998 Pubic .... Dep&r111w.,t Qwtes Esae,ty, Directar d Pubic Wortca 782-2500 Ra Kahm , Eligi .. itag ...... 782-2503 Paul Kapaun, F"181d Opera&,.• Adminilllab 782-2504 782-2350 ' ' ' • i • . . . • • 0 -• ·, • AMENDED SCHEDULE FOR PAVING DISTRICT NO. 38 W!I1::1 BOND SALE Thursday, May 28, 1998 Monday, June I, 1998 Thursday, June 4, 1998 Thursday, June 11, 1998 I st Notice to Conlncton. Plans and Specs available. )Id Notice to Coalractors. Thursday, June 18, 1998 Open bids at 9:00 a.m. Monday, July 20, 1998 I st rading of Amended Ordinaoc:e . Friday, July 24, 1998 Publiclrim of Amended Ordinaoc:e. Notice of Public 8-riasmailed. .._..,, ~ 17, 19'1 .... llwtal• Ar drd Ordiauce. ..... rwliac .u. 1,1 o. .. r--. Monday, Seplember 21, 1998 OnliaaKe ill full fan:e and effect. 12:01 a.m. Monday, Sepeember 21, 1991 Award ofCoallluc:tioa Coalnct. 7 :30p.m. Tllelday, Sq+ her 22. 1991 NCllice to Proceed. Wedaaday, Sq I • 1 r 23 , 1991 Ell. dlllle of start COlllll'Uc.1ioa plme I. Friday, Ocliober 30, 1991 Elt. dlllle of complraoa. plme L Monday, April S, 1999 Ell. dlllle of start C011S11UCtio11. plme D. Friday, Jw 25 , 1999 Ell. dlllle ofcomplrtiaa, plme D . July, 1999 {Ampile and rail 111 IMIIIS Early Sepllember, 1999 November IS , 1999 (OI' Im Oct.) Catify 11 rt ID~- Jammy I, 2000 St 2 i N . ' • . .. • • r .,_,, I • -• • • . . PROPOSED P.H"J.'VC DISTRICT 38 /IF .. --,,_ IIAl,."le ,u,r i ,,_ I I -.. I: .. .. .. • i • I I I --.. .. I i ; I I i ·-s I: ! . i . .. ! ;: ~ ; ~ .. i I i ~ ' . . ,. i: : --.. .. . .. .. • .. .. -·~ /IO !IC.AU .. ---- .; 0 1300-1500 W. Radcliff Avenue • 1300-1500 W. Stanford Avenue • • C, 1400-1500 W . Thomas Avenue 0 4600 S. Beverly Drive e 4600 S . Garden Street 0 • 3400 S . Emerson Street • 4300-4500 S . Windermere Street 0 l 000-1500 W. Prentice A venue C> 300 W. Jefferson Avenue , ..," I .... .) J MU~U->I '', 1:1::JO PAVING' SECTIONS FOR PD#38 r-6.s',-f ~ . -~ I •. ·,• '•ibt j:zQ '·I";•·· ''" . :-',. r ~ >: ..-'..-':° ..... 1111111 .. 40' Wide -S!liha5.F.F. Per Side CPavlng Only) . S52.00 ENGLEWOOD LITTLETON ......... ,21.00 20' Wide -"IH,OQ.f .F. CPavlng Only) I, "Priced beeed on Eatlmated 10' Width (',c:i'.'i ':· .. u,l f-u'-j :ZJ ~ . . 4" MollUIIIC 32' Wide -"13~F.F. Per Side (Paving Only) $33.00 4" MonoNlhlc Rodclilf Avenuu 4• Monolllhic Standford Avcnu, Prnnlir.n Avnnuo F.mornon Siron! ~ ,----.. ~ .. , ... ~m~-~; - • 0 • L--1 ;l...,J i I ,' •A r I . • 7 ~ •' - . . a. • I I £ . ~ ., . I .f .; I . . ' Public Hearing t;1ty ot tnyluwoou PAVING SECTIONS FOR PD#30 f-1.5~ ~ ,~ __ r. 111,Gradl~ ~ .. • t . . VC&G only 31' Wide -'*3:M.F.F. Per Side (Paving Only) '39.00 J-4'~~----~~~~~:~ t::::;:Jf~[ :::==-----:----_, ... MonollhiC (VCA.O w/lltllched 4' W .. ) e• 1nw11r1a1 v-Pan 24' Wide -~ F .F. Per Side (Paving Only) e• lndullrlal v -Pan '34.00 . 24 1 ____ __J 1·~· .. ·;?..r:, ... t!',•·· ..... ···'' ". :a ., ..... , ........ ·~\'~ , .. •.u,~-,,-,,.\.'·<·.'t·· '"\• ·'i\' •;-,h ·)· ... ,,, •...•.. ,, . ,· .. ·.·:.,s>,',·· , .. , ., t •. a• Thick u• Concrete .Street Paving ") ~ • I 0 • ~- August 17, 1 Windermere Street Beverly Drive · Garden Street Thomas Avenue Jefferson Avenue -,, • ~ -- - • • • I• • TYPICAL CONCRETE SECTIONS PER RUNNING LINEAL FOOT ArN•I.ISF/LF Const. ,. Sidewalk ,. thlc:ll STl:IIILF ,. l:ID.00 ~:J,;:;;:;;;~~·---t Conat.~llclewalkl·thic:k~ SECTION OF VERTICAL CURB a GUTTER a SICEWALI< 4' SPECIAL tQJSJflAL Y-PAtt Conat. llonoUthlc ,. thlc:ll~ ..... z· Const. llonollthlc r thlc:ll lSIMIG/LF .,.oo Conll. ,. V-Pan r 1t1k:k ~ 123.50 -Other factors affecting c08t, which are not included In the pricN above are: Concrete Sawing and Removal & Replacement of Asphalt. • I • . .. ., • • 0 ]- • ORDINANCE NO ._ SERIES OF 1998 ' • • • BY AUTHORITY A BILL FOR <• COUNCIL BILL NO . 41 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE AMENDING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD, COLORADO ; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB , GU'M'ER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS ; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood , Colorado pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of Colorado, found and determined that there existed a necessity for the creation of Paving District No . 38, in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk , and storm drainage improvements, together with necessary incidentals, within the District; and WHEREAS , the City Council desires to amend Ordinance No . 34, Series of 1997 which was passed in May , 1997 which originally created Paving District No. 38 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : $ectjon I BH:l'catjqp o( the Digriet. That special improvement district, Paving District No . 38 , for the removal and replacement or new construction of the improvements hereinafter described, is hereby re-created and re-established in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the State of Colorado, and shall be known and designated as "Paving District No. 38". All proceedings, heretofore taken and adopted in connection with the District are hereby ratified, approved, and confirmed. Section 2-Encinurinc Pleat and Snci0Ati9PI-That the amended engineer's reports, together with the details, specifications, ellti.mates of coat, maps, and schedules attached or appended to said reporta, are hereby approved and adopted . $ectjon 3 . Diatriet Boundary. The Diatnct shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb, gutter, sidewalk and paving do not meet City standards, which real property may be assessed with the coat of the improvements. A list containing the addrell8etl of said real property is attached hereto as "Exhibit A." -1- "~ • .. •· • 0 ]- • • • • ·-.. • <. Section 4. De,criptjon of ImprovemcPU. (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described, including the real property within one•half (1/2) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd·shaped lots and parcels of property. (b) The improvements to be constructed or installed are as follows: (1) Necessary grading and excavation, with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks , curb On W . Radcliff Ave . W . Stanford Ave. W. Thomas Ave . S . Beverly Dr. S. Garden St. S . Windermere St. W. Prentice Ave. and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: From S . Windermere St. S . Windermere St. S. Windermere St. W . Tufts Ave . W . Thomas Ave . W. Quincy Ave. S . Windermere Cul-de•sac ± 360' E. of Navajo Cul-de·sac ± 330' E . of Navajo S . Garden St. W. Thomas Ave. Cul-de·sac ± 220' S. of Thomas Ave . W . Tufts Ave. S . Hickory Lane (2) Necessary cradinc and excavation, with 6" compacted cravel baae coune and 2" aaphaltic concrete surface, concrete walb, curb On and gutt.er where not aJready installed or not meeting City standards; tocether with appurtenances and incidentala on the followinc atreets and avenues: From To S . Emerson St. E. Girard Ave. E. Hampden Ave . On (3) Necessary crading and excavation, with concrete street paving; together with appurtenances and incidentals on the following streets and avenues: From To W . Jefferson Ave. S . Cherokee St. Alley E. of Cherokee (c) Prior to the removal and replacement or new conatruction of the improvements within the propoaed diatrict, affected property owners will be allowed a specified time period in which to have aaid improvements removed and replaced or constructed on their own initiative . (d) The probable total coet of the improvements to be oonatructed and inatalled within the Diatrict ia 11 ,630.000. -2- . ' ... .. • • 0 r I - . , • Paving: • • ·, - ( . (e) The probable amount of the total cost of said improvements which the City shall pay is approximately $730,000. (f) The balance of the total cost which is not paid by the City will be aS11essed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows : 40' width, 8" base, 3" asphalt 30' width, 8" base, 3" asphalt 24' width, 8" base, 3" asphalt 20' width, 8" base, 3" asphalt 32' width, 6" base, 2" asphalt $52.00 F.F . $39.00 F .F . $34.00 F .F . $27.00 F .F . $33.00 F .F. Concrete: Monolithic curb, gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4 " Sidewalk 6" Sidewalk $51.00 L .F . $46.00 L .F . $22.00 L .F. S23 .50 L .F . $68.00 F .F . S 5 .00 S .F . S 5.50 S.F . No assessments will be made for curbs, gutters, and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Public Works, from which the approximate amount to be assessed againat any particular lot or parcel of property may be determined. $ection 5. JmptQDPMPY Aythgriud . The removal and replacement or new construction of the improvementa described above in and for the District, and aa shown by the amended plans, specifications, and maps as approved and adopted by the City Council, is hereby authorized and ordered. The material to be used in the removal and replacement or new oonstruction of said improvements is to be in accordance with such plans, specifications, and maps. Section 6. Aueurncnt o{ Cop. The probable total cost of the improvements to be removed , replaced, or constructed within the District is $1 ,630,000; it is propoeed that the City of Englewood will pay approximately $730,000 of said total coat. The balance of the total cost which is not paid by the City of Englewood will be aaaeued against the real property located within the District and specially benefited by removal and replacement or new conatruction of the improvements. The approximate amounts to be assessed agamst said properties on a front foot , linear foot , or square foot buis shall be as more particularly set forth in this Amended Ordinance, Series of 1998; said unit costs are incorporated herein by specific reference. -3- . ' •, { .. • • 0 ]- • • • • . . Section 7. Payment o( AtRIIQlCPt•. The costs of the removal and replacement or new construction and installation of the improvements, less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty within the district. If the asseSBment is not paid in full within the period of time set forth in the assessment ordinance, the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the asseSBment ordinance. Sectjon 8. Benefit•. The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole. Sectjon 9. S@urability . If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judpient shall not affect. impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 10 . B•N•ler. All ordinances, or part.a thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. Sectjon 11. PybliQltipp apd Effpya Day. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the eignat\ll"e of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of thie Ordinance, a copy of thie Ordinance ehall be provided to the County Aueuor and the County Treasurer of Arapahoe County and to the Diviaion of Local Government in the Department of Local Affairs of the State of Colorado . Thia Ordinance ahall become effective thirty (30) days after publication followinc final puaage . Introduced, read in full, and paued on tint read.inc on the 20th day of July , 1998. Published as a Bill for an Ordinance on the 24th day of July , 1998. Thomas J . Bums, '.\layor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoin& is a true copy of a Bill for an Ordinance, mtroduced , read in full , and paued on tint read.inc on the 20th day of July, 1998. Loucriahia A . Ellis -4- . ' .. • • 0 • • PP! Sla.m 1971-35-3-23~32 HAMPDENA VEEl51 1971-35-3-23~33 NSTS3475 1971-35-3-23~34 NSTS3435 1971-35-3-23~37 -NSTS3401 1971-35-3-23~31 Cl.ARKSONSTS3426 1971-35-3-24-001 EMERSONSTS3444 1971-35-3-24-009 EMERSONSTS3446 1971-35-3-2~12 IHAMPDENA VEE955 1971-35-3-2~13 ~ ---NSTS3496 1971-35-3-2~14 !NO ADDRESS 12077~3-2--02~11 ic:HEROKEESTS3610 12077~3-2--02-012 icHEROKEESTS3612 12077~3-2--02-01 3 icHEROICEESTS3620 • • • '.'fame ud .-Wdraa Columbia HallbOae r..:.c ~3 S. U1srer St. •1200 Deawr.CO 80237-23!1 Columbia HeailhOne r..:.c ~3 S. U1srer St. •1:ZOC ~.co 80237-Z!!"3 Columbia HeailhOae r..:.: 4643 S. U1srer St. :#120C Denver.CO S0"'.37-23!1 Craig Hospilal 13425 S. Cladaon St. IEulewood, CO 801 IC-:Sll pqffospiai 0425 S. Clariaon St. &alewood. co S01 IC -:Sll Columbia He:lilhOne r..:..: ~3 S. U1srer St. :,11:c,: Denver, CO so:,;, -zs.:; Columbia HaithCne r..:.: ~3 S. U1srer St. :#1:o,: IDmver.CO S0"'..37-~· .. 3 !Columbia ffailhOae r..:.: ~3 S. Ulmr St. •1:0,: Dmvc.CO 80237-2!!3 ·-· ffallhOae r..:.: ~3 S. U1srer St. •1:zo,: IDmvc.CO 80237-2!!3 ·-HailhOuL.:..C ~3 S. Ulmr St. ~1:c4= !Dm,,er.co 80237-2!!3 11-R. Salliva 0610 S. CJmokee St. ~ co IOl l C-3526 tr111111111y G. Creedoll 13612 S. Cherokee St. ~ co IOl l :-3526 IDcmld A. A: Bmy I . I~ IT TEN ~910 S. Galapqo St. co I01 l •:-t523 Pap I ....... ._ ... .. • X ... I • I T A l - . ' • . .. • • 0 ,. - PPI 077~1-00-037 STANFORDA VEW13Sl 077~1-00-031 STA.'llFORDAVEWlJOI • • , . • Nameud,\dd,- . M. Molller .I: Linda L Uapr, IT Ten 642 S. Cherokee St. CO IOl 10-3.526 Lee Cooper S2 W. Jeftmoa Ave. CO IOI I0.3S3S IOIIO IOIICMS62 I JS I W. Slaafard Aft. CO IOl 10.SS33 indlar hlclamill, .. 13SI W. SlaafardAft. CO l0ll0.SS33 "' - • . ,l I· • 0 ---- ' -'"t' I - '· PPI Slta-m 12077-09-1~7 l1u nn • A VEW1300 2077--09-1~8 ,. .. ""' "":" A VEW1252 2077--09-1-oo--069 W1NOERMERESTS4550 2077--09-1..0().-070 ISTANFORDA VEW1582 2077--09-1..0().-073 ~OADDRESS 12077-09-1..0().-07 4 STANFORDA VEW1401 2077--09-1..0().-075 W1NOERMERESTS4390 207i--09-l..0().-076 NO ADDRESS 2077-o9-l-16-006 nJFTSA VEW1510 CDOTLOTS ALONG CURVE 2077-o9-l-16--010 THOMASAVEW1515 2077--09-1-17..()()4 !GARD~ 12077--09-1-17-005 ~ARDENST$46j() • • - N-eaadAddral Windsor lnduslries, Inc. 1351 W. SCmfordAve. Englewood, co 80110-5533 Windsor lndumies, hie. 1351 W. SranfordAve. ~ewood. co 80110-5533 Lone Siar Plywood cl: Door CorponDOD "25 Anne Or. #200 Coppell. TX 750194608 Wmdsor IDduslries, Inc. 1351 W. StaafocdAve. -co 80110-5533 Wmdsor IDduslries, Ille. 1351 W. Slmford Ave. Englewood. CO 80110-5533 DMH Properties LLC 1401 W. Sllllfcxd Ave. Englewood. CO 80110 Renaud Ille. ~390 Wmdermere SL ,_ CO IOI 10-S539 blllldhlc. ~390 W"mdermere St. Eqiewood. CO 80110-S539 Joe R. a: Barban A. Zyfslra, JT TEN 1510 W. Tutb Ave. ,:, CO IOI 10-5538 ... ~000 S. Holly Sere. Denwr, CO 111222 Aan: Paul Fon11r "', ... _ .. --· % Dlaiel F. Hamy 1495 W. Thoma Ave. -CO 80t10-S5i7 -va--~--•-- 5 IO Powdlrtlanl Dr. co I0132-k2:? Oaartes C. Hamy 332:? W. Ababa Ave. II ,_._ CO lllll3-':'924 ,, - . - '"""t' .. . ' • • I - . ' PPI Sitm-m • • L• • Name :uad Addnsa LTRPannmhip 1470 W. lbomu Ave. CO IOI 10-S.S44 .1: Virplia Neilipi, IT lDl 75 s. WiDdermere St. co I0110-.S542 eme S . .I: Mary Parw, IT lDl 1460 W. Tutls Ave. CO IOl10-.S.S36 AB~ .SO I S. Navajo St. CO IOl10-S529 AB~ .SO I S. Navajo St. CO IOII0-5529 llilld Mldliaa IDc. S4 I S. Navajo St CO IOl10-SS29 iDdllll' IDdmaia. IDc. 13.SI W. Sla!lrd Ave. CO IOI 10-.S.SJJ " - . ' • . ,i •· • 0 ----, ]- . , PPI • • • L Popish .t Jamie M. Holtz 70 CteSlbrook Dr. co 80465-2232 co 111110-5533 Submtlm Pim .t R.ecnmaa Dillric 31 S. Uniwnily 8hd. co 111121-2973 ..... -- .. . ' • • 0 • - • • PIIOOF OI' PUBUCATIOMr THI ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE • I, Gerard J. Healey, do solemnly_, that I am the PrNldent and Pubbllw of the ENGLEWOOD HERALD; that the same is a WNkly newspaper pub- ll1hed in the City of Littleton in the County of Arapahoe, s-. of Col- Oraclo. and has a general circulation therein; that said newspaper 11111 been IM)lllhed continuously and uninlemlpl- ecly in said County of Arapahoe for 1 i:wrioc:t of more than 52 ~ p,tor to the flrlt publication of the annexed no, lice; that Mid n-.paper ii entar9d In the Poll Office of Ulllelon, Cololado, a Second Clall Mail matter and that the said new1paper is a new1paper within the meaning of the act of the General 4-nbly of the .... of Col- cndo. approved March 30, 1923, and erlllled "IAIIII NOllcee and Adve.._. ...... and other acts '9laling to the prinls,g and publilhing of legal nollcel and -published in the regular and entire i8alN of said neWIPIIP8f', once each week, on the same day of each M8k. for a period of / c:onNCutiw insertionl and that ~ publication of said natice -in :q-;-;:wff ~/..: lion of said nollc:e -Ir~ iall,e of said newapaper daled --- ~--------~ 1~ ~A4-= Subecribed and swam tc babe me . a ,thil~day r",.--7'---~~-c::r-.A1~ JUDITH A. Bl.OD1EN NOTARY Pl8JC STATE Of COI.OIW>O • • • CITY OF ENGLEWOOD -·...uc-.............. """' ..... _ c..a.r .. Cllr .. ........ Cllelae, _ _....e ...... ................ c:a,c....a ___ ...,.,.,.,,, .... , .. ,.. Ill .. Cllr c..11 Cllelilal9 .. ......... -..... -........ .............. AILLPORM ••wica-w alSI' NO:-.• na an CII' _...., COIQMN); c.-nacaanu:naN -laTMLA-CII'~ MWl9, am. ama. ____ .,..,__... ___ .... ToanalNnt --M.8:-anwG...ntcmalDn'MS• QWIIOWNnt11alaTIC'I'. ICQIINCL ILL m. '"I ._.... ..... .., ..... ................. ,.... ....................... " .. Cllr a.. " 1:81 ~ -_......,.,,.ti& ,..,.. ...... .............. -... ... .... Cllr CIIIIC'a oa.e. ,.._ . ............ pa 1 •• ...... -..... ....-... ... ..... ., .. .....-ca, Clallll. .............. c:acaMa CllrCIIIII Cllr ........... . _ ... _ .... .........,emi.a ... ~ ---. . ' •, .. • • 0 I --I ]- • • • ,, - • • COUNCIL COMMUNICATION Date Agendaltem Subject Purchase of one Work Truck for the Utilities August 17, 1998 m ... Department Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval, .,...... r the purchase of one Chevrolet work truck in the amount of $69,594.00 from Burt Chevrolet. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed work truck, #1378 is used by the Utilities Department Distribution/Collection crew for water and sewer main cleaning and repairs. The purchase is being recommended to replace the existing seven year old unit according to the CERF replacement schedule. The base bid amount is $68,329. An additional option of $1,265.00 is added for a 30,000 lb . capacity tow package making a final amount of $69,594.00. This also includes the CNG conversion package. FINANCIAL IMPACT The vehicle will be purchased under the Colorado State bid from Burt Chevrolet for $69,594.00. The entire amount will be funded by the CERF Fund. UST OF ATTACHMENTS Bid Tabulation Sheet • • 0 ]- - l I i I i • • • t. fl( .¥ f i ~I I ~ .. • ... I I a # .. 8 • I :"' I I I 'I r' pr ~ii ,~ ... 0 a • • 8 ~ II 0 0 r I I I I ,,, •, I :a • I I' r I I - < II ! ' re .. 1 =l ii ~~ ~i i1 = ~= II ~-• .. .. "n 8 ffl 11 ~ •i I Iii i I .. ' -. Q q a I I !P a: i c:: ii ' g! I - • . . . • I . . • 0 Date August 17, 1998 Initiated By • 0 • . . COUNCIL COMMUNICATION Agenda Item 10cii ' Staff Source Subject Motion xtending the City's Audit Engagement with Van Schooneveld and Company for Audit Years 1998 and 1999 Department of Financial Services Frank Gryglewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On August 20, 1990, City Council approved a motion naming Van Schooneveld as the City's auditors for 1990, 1991 , and 1992 by motion. Council approved a motion to extend Van Schooneveld's engagement with the City for the 1993 and 1994 audit years on December 6, 1993. On August 7, 1995, City Council approved a motion extending the audit engagement through 1997. RECOMMENDED ACTION Staff recommends City Council approve a motion extending Van Schooneveld's contract for audit services for the 1998 and 1999 audit years. Scope of services include audits of all City funds as well as the Englewood Downtown Development Authority, and Littleton/Englewood Wastewater Treatment Plant. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED The City of Englewood has contracted with Van Schooneveld for the past seven audit years. City staff has been satisfied with the quality and timeliness of their woril . The Department of Financial Services plans to perform a RFP for audit services at the end of the propoeed engagement. The alternative to this extension would be to perform a request for proposal (RFP) prior to the 1998 audit. FINANCIAL IMPACT The fees for professional services are $36,000 and $37 ,000 for the 1998 and 1999 audit years respectively . The fees for 1995, 1996, and 1997 were $35,000, $36,400, and $37,500 respectively . UST OF ATTACHMENTS Letter of engagement for 1998 and 1999 audits of the City's funds, Littleton/Englewood Wastewater Treatment Plant , and the Englewood Downtown Development Authority. .. ., •· • 0 I ]- • • • July 10, 1998 City Council Members City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Council Members : • 0 • P nnc1p als Jack C. Schroeder Larry R . Beardsley Richard M . Carlson Mark D. Elmshauser Ke v in F. C ollins We would like to confirm our understanding of the arrangements made with you regarding our engagement for audits of the general purpose financial statements of the City of Englewood and the financial statements of the Littleton/Englewood Wastewater Treatment Plant and the Englewood Downtown Development Authority for the years ending December 31 , 1998 and 1999 . Our audits will be conducted in accordance with generally accepted auditing standards and will include tests of the accounting records of the City of Englewood and related entities and other procedures we consider necessary to enable us to express an unqualified opinion that the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles . If our opinion is other than unqualified , we will fully discuss the reasons with you in advance . If. for any reason, we are unable to complete the audit, we will not issue a repon as a result of this engagement . Our procedures will include tests of documentary evidence supponing the transactions recorded in the accoUDlS and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals. creditors and financial institutions . We will request wrinen represenwions from your attorneys as pan of the engagement . At the conclusion of our audit, we will al~o request certain written representations from you about the financial statements and related matters . An audit includes examining, on a test basis. evidence supponing the amounts and disclosures in the financial statements ; therefore . our audit will involve judgement about the number of transactions to be examined and the areas to be tested . Also , we will plan and perform the audit to obtain reasonable assurance about whether the financial swements are free of material misstatement. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions . there is a risk that material errors, fraud or other illegal acts, may exist and not be detected by us . However, we will inform the appropriate level of management of any material errors and any fraud that come to our anention. unless clearly inconsequential . Our responsibility as auditors is limited to the period covered by our audit and does not extend to maners that might arise during any later periods for which we are not engaged as auditors. 6000 Greenwood Plaza Blvd .. #1 10 • Greenwood Villa1e, CO 80111-48 1 i 303-779-4000 • FAX 303-n0.9276 • E-mail : vscocpu <l vsc ocpa .com Mcmben: Amman llul11uae of Ccm f,ed Pub lic A.,..,..._ • S.E.C 111d Pnv111 Pncucc Seaioas • Colondo Society oi Ccn,lled Pllblic AccoullUDU • •. ... •· • 0 t - • Page Two City Council Members City of Englewood July 10, 1998 • 0 • We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the establishment and maintenance of adequate records and related intemal control policies and procedures, the selection and application of accounting principles and the safeguarding of assets. Management is also responsible for identifying and ensuring the organization complies with applicable laws and regulations. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways thai we believe management practices can be improved, we will communicate them to you. Our audit will also include a Single Audit which will be conducted in accordance with generally accepted auditing standards; the standards for financial audits contained in Governmenr Auditing Slandards, issued by the Comptroller General of the United States ; the Single Audit Act Amendments of 1996; and the provisions of 0MB Circular A-133, Audits of Sla1es, Local Governments and Non-Profit Organi1J11ions and will include tests of the accounting records of the City of Englewood and other procedures we consider necessary to enable us to express an unqualified opinion dw the financial statements arc fairly presented. in all material respects, in conformity with generally accepted accoumin.g principles and to report on tbe Schedule of Expenditures of Federal Awards and on the City of Englewood's compliance with laws and regulations and its intemal controls, as required for a Single Audit. As required by the Single Audit Act Amendments of 1996, our Single Audit will include tests of transactions related to federal assistance programs for compliance with applicable laws and regulations . However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactioas, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us . We will advise you, however. of any matters of that nature dw come to our aaention, and we will include such matters in the reports required for a Single Audit. The City's Finance Department will assist us to the extent practicable in the completion of our engagement. The City will be responsible for drafting, printing and binding the various financial reports . City personnel will furnish us with schedules and documents as we deem necessary . A list of such schedules will be furnished to you prior to the commencement of our field work:. Our fee for the audit of the City of Englewood and related entities will be based upon our standard hourly rates . Our fee for the audits of the City of Englewood and related entities are as follows: 1998 1999 $36.000 $37,000 Our fee is also based on the assumption that unexpected circumstances will not be encountered during the audit . If significant additional time is necessary, we will discuss it with your appointed representative and arrive at a new fee estimate . .... •. .. I· • 0 f - ]-- Page Three City Council Members City of Englewood July 10, 1998 . ' <. • • t• • We will not represent others using information contained in our City of Englewood audit worlcpapers which was obtained during the audit of the City of Englewood . We will not perform a rate study for any District that maintains a contract with the City of Englewood for sewer treatment services for a period of three years after date of termination of this agreement without obtaining approval of the City in writing. We will not advise or consult on rate matters or Littleton/Englewood Wastewater Treaanent Plant Joint Venture operations for any Distria that maintains a contraa with the City of Englewood for sewer treatment services for a period of three years after termination of this agreement without obtaining the approval of the City in writing. This provision also applies to Mr. William Van Schooneveld so long as he is a consultant to our firm or aas as a consultant through our firm . Requested consultation and required calculations regarding Amendment 1 or TABOR will be performed at our standard hourly rates . The woricpapers for this engagement are the property of Van Scbooneveld and Co ., Inc. and constitute confidential information. However, u required by the Single Audit Act of 1996, as amended , we are required to make certain wortpapers available to the grantor or regulator upon request for their regulatory oversight purposes . Funbermore, upon request, we may provide photocopies of seleaed workpapers to the pamor or regulator . Access to the requested worlcpapers will be provided to the grantor or rqulalor under the supervision of Van Schooneveld and Co ., Inc . audit personnel and at a location desipmd by our firm. We would like to thank you for this oppommity to be of service to you and we hope that these arrangements meet with your approval. If so, please sip the duplicate copy of this leuer in the space provided , and rerurn to us . If you have any questions concerning this engagement, please contact us . Very truly yours , VAN SCHOONEVELD AND CO ., INC. ~~~~ Cenified Public Accountants / ' APPROVED : Sianature , Title and Date " - . ' • .. I· • 0 ]- - • .. • ·, • .. COUNCIL COMMUNICATION Date Agenda Item August 17, 1998 Initiated By Department of Parks and Recreation Subfect ell Staff Sources Jerrell Black, Director of Parks & Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ,, - Award a contract for the repair of Romans Park Tennis Qourts and other all-purpose courts at Sinclair, Jason, Centennial and Bates-Logan . Council has previously approved the repair of tennis and all-purpose courts at all park locations. RECOMMENDED ACTION Staff recommends approval,.,...., e contract for the repair of tennis and all-purpose courts at Romans, Sinclair, Jason, Centennial and Bates-Logan to All Seasons Tennis Courts. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED All of the above mentioned courts are cracked and in need of resurfacing and repair. A maintenance schedule is compiled, on a annual baala, of courts needing repair and resurfacing. Last year Sinclair and Bates-Logan tennis courts were repaired and resurfaced. Requests for bid were sent to five vendors . Bids were received from two vendors. FINANCIAL IMPACT All Seasons Tennis Courts was low bidder at a coat of $38,999.00 to do all 10 courts requested in the bid . Sufficient funds were budgeted for tennis court repair in the Conservation Trust Fund. UST OF ATTACHMENTS Bid Tabulation Sheet --------' . ' • • 0 f __ I • I ~ l • • JJ City of Englewood Bid Tabulation Sheet Bid Openlng 1Daa: JULY 24,199810:00 a.m. Bid ltlm: T .. nlalRacquetbalUAII Purpose Court Resurface & Repair VENDOR All SNson Tennis Court,Coatlfl{ls, Inc. IElcar Fence & Supply I Tennis Court Spec. 'Malott Peterson Renner QTYIP. 0 . Box 11n 5903 Lamar Street 2155 S. Valentia 3143 W. Center Ave. 1375 W. Alameda Ave. Denver, Co. 10208 !Arvada, Co. 10003 IDenver, Co. 80231 Denver, Co. 80219 !Denver, Co. 80223 S2t,ltt.OO $35,466.00 1 I $1,IOO .OO $4,000.00 $1,IOO.OO $4,000.00 $1,IOO.OO $4,000.00 2 $1,500.00 $2,500.00 $1,I00.00 $4,000.00 TOTAL BK> $31,IN.OO $53,968.00 NONE NONE LISTED THE AIIDUNT9 UITED FOR EACH PARK ARE THE COSTS FOR THE TOTAL COURTS SHOWN. (COURT.RESURFACE .TAB) • ~ • \ 0 • I r I 0 • • " I • - • - • • • COUNCIL COMMUNICATION Date Agenda Item Subject Historic Englewood Depot August 17, 1998 11 a i Museum Initiated By Staff Sources Mark Graham, Planner City Council Neighborhood and Business Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This item was discussed at Executive Session of Council on July 20, 1998. RECOMMENDED ACTION Staff recommends that Council approve the agreement to enter into a "Contract" without a specified term and at 0% interest for the purpose of selling the Historic Englewood Depot Museum building (Depot) to the Englewood Historical Society. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council directed staff to prepare agreements to sell the Depot building to the Englewood Historical Society. Although the City paid the fair market price for the building and property, the two are separated with this agreement. The terms of the agreement are intended to provide assurances of City support for this project to the community and Englewood Historical Society (EHS). The price and terms of the agreement provide EHS with an acceptable repayment commitment. The agreement also recognizes the commitment of the City as owner to provide landscaping and property maintenance benefiting Englewood . The Englewood Historic Society and the Englewood Housing Authority both support the proposed agreements. Fundraising efforts on behalf of the Historic Society over the past few years have not kept pace with repayment schedules and EHA cannot continue to finance Englewood Historic Society acquisition of the Depot building and property. FINANCIAL IMPACT The City may recover some of the funds spent to acquire the Depot building and associated property from the Englewood Historical Society. LIST OF ATTACHMENTS Proposed Ordinance Approving Sale of Depot Building by the City of Englewood to the Englewood Historical Society ' , - .. •· • 0 I - • ORDINANCE NO._ SERIES OF 1998 • • • BY AUTHORITY AIILLPOR COUNCIL BILL NO. 48 INTRODUC~D.~IL MEMBER -,,.,~-.,l/:!LltllCl!.J.u..w~~--- AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY THE CITY OF ENGLEWOOD TO THE ENGLEWOOD HISTORICAL SOCIETY FOR THE TOT • .\:. SUM OF $76,000 UNDER AN INSTALLMENT CONTRACT. WHEREAS, the City of Englewood is in the process of purchasing the Depot anci real property related thereto from the Englewood Historical Society under a se,iarau Ordinance; and WHEREAS, the Englewood Historical Society desires to purchase the Depot building from the City of Englewood, and the City desires to sell the aaid build::ii tc the Eqlewood Historical Society, while retaining ownership of the real proper.y U&C::!' certain terms and conditions, for the sum of $76,000 ; and WHEREAS, the Englewood Historical Society approves the terms and conc:E:ions .:..S set forth in the attached copy of an Installment Contract with the City of Eqlewooc.: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF~ CI:T OF ENGLEWOOD . COLORADO, AS FOLLOWS: 5c<;tjgp l. The City Council of the City of Eqlewood, Colorado, hereby approves :.:ie terms and conditions of the Installment Contract for sale of the Depot buildini to t1:.: Eqlewood Historical Society for the sum of $76,000, a copy of which Inatallme:it Contract is attached hereto as "Exhibit l." 5c<;tjgp 2. The Mayor Pro Tem is authorized to execute and the City Clerk ~ a,..est and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on first reading on the 17th day of Aug,.at, l998 . Published as a Bill for an Ordinance on the 21st day of August, 1998 . Thomas J . Burm, Mayor ATTEST: Lcucriahia A. Ellis , City Clerk -1- . . ... •· • 0 f _ -I -• • • I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full , and paued on &rat reading on the 17th day of Auguat, 1998. Loucriahia A. Ellia -2- . ' • . • • 0 I .,'l v. I -• 0 t• - PURCHASE AND SALE INSTALLMENT CONTRACT nns CONTRACT, made this __ day of 1998, between :-HE ENGLEWOOD HISTORICAL SOCIETY, INC., a Colorado non-profit Corpor..oon, hereinafter called "Purchaser'', and THE CITY OF ENGLEWOOD, COLORAI:•:•. a Home Rule City existing under and by virtue of the laws of the State of Colcndo, hereinafter called "Seller", whose legal address is 3400 South Elati Street, Englc~,,.,,::>od, Colorado 80110 . l . In accordance with the terms and conditions hereinafter set forth. 5,!:!.ler agrees to sell and Purchaser agrees to buy a building, currently known as the Engle-..1 ::>od Depot, which is located on property currently owned by the City, specifically: Lots ~ ~ to 24, inclusive, Block 2, Taylor's Addition, Arapahoe County, Colorado, together wi.= all improvements thereon and all fixtures of a permanent nature currently on, Vllitl:= or servicing the building, in their present condition . This sale does not include any land under or adjacent to the Engle ":"..-,::>od Depot. The parties agree that Lots 18 to 24, inclusive, Block 2 , Taylor's Adc..::=i0n, Arapahoe County, Colorado, are not included in this Contract pro"ided, however, 5,!:Jer shall convey to Purchaser by separate Easement Deed in the form attached here=: as Exhibit "A", a blanket casement in, through, over and across said Lots 18 to 24, inclus:ve, Block 2, Taylor's Addition, Arapahoe County, Colorado, (which lots shall hereinaf-..e:: be referred to as the "Property"): a) to operate the Englewood Depot in its current location (tog~er with all appurtenances thereto, such as water, sewer and utility service lines ) I!S a historical society facility which use shall include the operation of the Englewood C ,:;,ot as a museum for the general public ; b) to use whatever parking lot(s), sidewalks , pathways and :dler facilities that are constructed on the Property by Seller; and c) for ingress and ingress in, through, over and across the ab:-ve- dcscribed Property for any purpose needful for the full enjoyment of any other rip: of occupancy or use provided herein . The casement shall terminate at such time a:; the Purchaser either sells the Englewood Depot or relocates the same to another location. 2 . The Englewood Depot shall be conveyed by Bill of Sale . The Bill of Sale and the Easement Deed shall be executed by the City promptly after execution oi -:his Contract and both shall be held by the City and delivered to Purchaser upon payme::x: in full of the purchase price . E x · H I B I T 1 •. •· • C - • • 0 • 3. Purchaser agrees to pay Seller, as the full purchase price for the Englewood Depot and Easements, described above, the sum of Seventy-Six Thousand Dollars ($76,000 .00), the purchase price, together with interest on the unpaid balance at a rate of zero percent (0%) interest, shall be paid in installments . Any amount which is spent by the Purchaser on any documented improvements, may be counted by the Seller as payment and applied to the purchase price . Purchaser shall not be personally liable on its payment or other obligations under this Contract and Seller agrees to look solely to the Englewood Depot and easements referenced above that are serving as collateral for the performance of Purchaser's obligations in the event of a default hereunder, and Seller hereby expressly waives any and all right to a personal judgment against Purchaser on this Contract or in connection with any foreclosure proceedings that may occur in the event of a default. 4. Possession of the Englewood Depot shall be delivered to Purchaser on the date the ordinance approving this Contract becomes final, together with the right to use the Property for the purposes contemplated herein during the entire term of this Contract as long as Purchaser has not materially breached its obligations hereunder . 5. From and after the date hereof, (1) Purchaser shall keep the building insured against loss by fire with extended coverage endorsement, in an amount not less than the extent of Seller's interest in this Contract, with a loss payable clause as interest of Purchaser and Seller may appear; (2) Purchaser shall pay the insurance premiums therefor and if Purchaser fails to procure such insurance, Seller may procure same . In case of the failure of Purchaser to make such payments when due , Seller may pay such insurance premiums, ta.,:es or assessments, and all moneys thus paid, with interest thereon at zero percent (00/o) per annum, shall become so much additional indebtedness under the terms of this Contract, or Seller may declare a default. 6 . Seller represents that all payments due on existing encumbrances have been paid or otherwise discharged . It is understood that Purchaser does not assume existing encumbrances on the building . 7 . Purchaser shall not make any major alteration or addition to the Englewood Depot without first obtaining permission of Seller, which permission shall not be unreasonably withheld . All expenses incurred in making alterations, additions, or improvements to the building shall be promptly paid by Purchaser. 8 . Seller shall install and maintain such landscaping. parking lots, sidewalks, rest areas and related improvements on the Property u Seller in good faith determines are -2- • ,,,_ • .. 0 • • C , ' - J - • . ,~ • ~. reasonable and necessary for the operation of the Englewood Depot by Purchaser and to encourage visitation by members of the general public of the museum to be located therein. 9 . Should Purchaser fail to comply with any of the terms hereof: Seller shall give Purchaser written notice, giving particulars in which Purchaser is in default, and should Purchaser fail to cure such default within thirty (30) days of receipt of such notice, Seller, shall have the following remedies immediately upon Seller's written election: a) Seller may be released from all obliptions in law or in equity ro further convey the Englewood Depot and Easements and Purchaser shall become at once a tenant at will of the Seller. All payments which have been made hereunder on this Contract by Purchaser shall be retained by Seller as liquidated and agreed damages for breach of the Contract and for the rental value of the Englewood Depot, provided, however, that should payments of principal exceed fifteen (IS%) of the purchase price, plus Seller's other actual and provable damages, then and in that event, such excess shall be refunded by Seller to Purchaser. The remedy of this Paragraph shall not be available to Seller from and after the time Purchaser shall have paid to Seller 33 l/3% or more of the purchase price. In the event 33 1/3% or more of the purchase price has been paid, then Seller's sole remedy shall be foreclosure in accordance with the laws of the State of Colondo. 10 . Seller and Purchaser agree that this Contract shall be recorded. SELLER: -3- CITY OF ENGLEWOOD By: _______ _ Thomas J. Burns, Mayor Address: 3400 S . Elati Street Englewood, Colorado 80110 . ' .. • • 0 I - • • • • t• • <. STATE OF COLORADO ) ) ss : COUNTY OF ARAPAHOE ) The foregoing instmment was acknowledged before me this __ day of _____ ___, 1998 by Thomas J. Bums, Mayor, City of Englewood, Colorado. WITNESS my hand and official seal; My commission expires----- PURCHASER : STA TE OF COLORADO ) ) ss: COUNTY OF ARAPAHOE ) NOTARY PUBLIC ENGLEWOOD HISTORICAL SOCIETY, INC . By:-------- Address: The foregoing instrument was acknowledged before me this __ day of _____ ___, 1998 by as of the Englewood Historical Society, Inc . WITNESS my hand and official seal; My commission expires----- NOTARY PUBLIC -4- 'I .. ., •· • 0 .. I -• • t• • EXHIBIT A EASEMENT DEED THIS EASEMENT DEED, made this __ day of 1998, between THE CITY OF ENGLEWOOD, a Colorado Home Rule City existing under and by virtue of the laws of the State of Colorado, hereinafter called "Grantor", and THE ENGLEWOOD IDSTORICAL SOCIETY, INC ., a Colorado non-profit corporation. hereinafter called "Grantee", whose legal address is 4400 E . Mexico Avenue, Denver, Colorado 80222. WITNESSEffl: FOR AND IN CONSIDERATION OF the sum of and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, Grantor does hereby grant and convey to Grantee, its successors and assigns, a permanent easement in, through, over and across the real property described below (hereinafter "Property''), for the following purposes : a) to operate the Englewood Depot in its current location (together with all appurtenances thereto, such as water, sewer and utility service lines) as a historical society facility which use shall include the operation of the Englewood Depot as a museum for the general public; b) to use whatever parking lot(s), sidewalks, pathways and other facilities that are constructed on the Property by Seller; and c) for ingress and ingress in, through, over and across the above- described Property for any purpose needful for the full enjoyment of any other right of occupancy or use provided herein. The easement shall terminate at such time as the Purchaser either sells the Englewood Depot or relocates the same to another location; TO-WIT : Lots 18 to 24, inclusive, Block 2, Taylor's Addition. County of Arapahoe, State of Colorado, EXCEPT the following described parcel conveyed to the Department of Transportation. State of Colorado, by wmanty deed dated June 21, 1994, and recorded September 2, 1994, in Book 7691, Page 270, of the Arapahoe County Clerk and Recorder's office, to-wit: I' - .. 0 •· • 0 , I - • • • • A tract or parcel of land No . 25 Rev. of the Department of Transportation. State of Colorado, Project No. NH-FCU 825-2(51) IXFU 085-2(24) containing 637 Sq. Ft more or less, in Lots 20 thru 24, Block 2, TAYLOR'S ADDITTON, a subdivision in the SW 1/4 of the NW 1/4 of Section 35, Township 4 South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel of land being more particularly described as follows : Beginning at a point on the north right of way line of Dartmouth Ave. (March 1994) said point also being on the south line of said Lot 24, from which the W 1/4 comer of Section 34 bears S. 85°56'52" W ., a distance of 470 .06 feet, more or less, to the Point of Beginning: · 1. Thence S. 89°36'25" W . along the said north right of way line, a distance of 107 .00 feet, to a point on the cast eight of way line of S. Galapago St. (March 1994), said point also being the west line of said Lot 20 ; 2 . Thence N . 00°00'48" W . along said cast right of way line, a distance of 13 .50 feet ; 3 . Thence S. 79°03'39" E., a distance of21.87 feet; 4 . Thence S. 84 ° 14' 51" E., a distance of 85. 96 feet, more or less, to the Point of Beginning. The above described parcel contains 637 sq . ft., more or less . Bearings uc based on a polaris observation of the East line of the NE 1/4 of Section 33 , prcpucd by Gingery Assoc . at J.L.: D-1733 .001 dated Sept. I 098, prepared for the City of Englewood . (N . 00°02 ' 12" E . ). - TO HA VE and to hold said casement unto the Grantee, its successors and assigns forever . As part of the grant herein contained, Grantor and Grantee mutually agree and covenant as follows : The Grantee shall have and exercise the right of ingress and egress, in, to , over, through and across the Property for any purpose needful for the full enjoyment of any right of occupancy or use provided for herein. • ..... ·- ... •· • 0 -• • l • • <. 2. Grantor reserves the right to use and occupy the Property for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger the Grantee's Englewood Depot building, or the use thereof. 3. Each and every one of the benefits and burdens of this Easement Deed shall inure to and be binding upon the respeciive legal representatives, heirs, executives, administrators, successors and assigns of the parties hereto . IN WITNESS WHEREOF, the Grantor has executed this Easement Deed as of the year and date first above written. STATE OF COLORADO ) ) ss: COUNTY OF ARAPAHOE ) CITY OF ENGLEWOOD By:--------- Thomas J. Burns, Mayor ENGLEWOOD lilSTORICAL SOCIETY, INC . By: _______ _ The foregoing instrument was acknowledged before me this __ day of ______ ...., 1998 by Thomas J. Burns, Mayor, City of Englewood, Colorado . WITNESS my hand and official seal; My commission expires ----- NOTARY PUBLIC "' - .. • • • 0 r ,, I • ,,. -. , . • " • . , (. - STATE OF COLORADO ) ) ss: COUNTY OF ARAPAHOE ) The foregoing instrument wu acknowledged before me this __ day of -----~ 1998'by u of die Englewood Historical Society, Inc. WITNESS my hand and official seal; My commission expires----- NOTARY PUBLIC • • 0 - • • • • . ' • COUNCIL COMMUNICATION Date Agenda Item Subject Amendment to Pro Putt, Inc. August 17, 1998 11 a ii Contract Initiated By Staff Sources Jerrell Black, Director and Parks and Recreation Department Bob Spada, Golf Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 1988· Initial agreement with -Pro Putt, Inc. was to provide 54 hole Miniature Golf facility. Term was for seven years. (Resolution # 1) 1990· Change in contract to include a Go-Kart facility and reduce the number of golf holes to 45. Term of contract was for ten years. (Resolution# 67) Deduction for insurance was included in contract. 1990-Sign agreement for lease of entry sign (Resolution # 95). 1992-Amend existing agreement regarding fees. (Resolution # 49) 1994-Purchase of clubhouse building and lease of building to Pro Putt, Inc. (Ordinance # 30) 1995-Amend existing agreement to set fees, including Drag strip and extending contract to the year (Resolution # 40) RECOMMENDED ACTION Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance amending the current agreement with Pro Putt, Inc . The amendment would allow for Pro Putt , Inc. to deduct insurance costs (not to exceed $7,000) for Go-Karts and Dragsters. Staff recommends that th is be effective beginning January 1, 1998 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pro Putt , Inc . began a miniature golf operation in 1988. The City of Englewood leases the property to Pro Putt , Inc . and Pro Putt, Inc . pays a percentage of the gross sales to the City of Englewood. In 1990 Pro Putt , Inc . was allowed to deduct the insurance cost from its gross sales . However, in 1995 when the contract was again amended the insurance deduction was inadvertently omitted from the contract. • •· • 0 , - - • • I• • FINANCIAL IMPACT Since the insurance cost deducted from gross sales cannot exceed $7,000 the loss of revenue will be limited to the percentage amount owed by Pro Putt, Inc. For example, in 1998 loss of revenue will be $7,000 X 13% = $910 . The following is a chart of lost revenue tor the duration of the contract: $7,000 X 13% = $ 910 $7,000 X 14% = $ 980 $7,000 X 15% = $1,050 History of revenues received from Pro Putt, Inc.: 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 UST OF ATIACHMENTS Proposed Bill for an Ordinance Pro Putt, Inc. Contract $4,403 $15,205 $13,151 $34,329 $20,532 $13,387 $14,616 $14,688 $16,422 $14,900 ' , • .. • • 0 , I ]- ORDINANCE NO._ SERIES OF 1998 ·, • • • BY AUTHORITY ABILLFOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE PRO::PUTT SYSTEMS, INC. AGREEMENT. WHEREAS , the Englewood City Council approved an agreement for a miniature golf course at the Englewood Golf Course by the passage of Resolution No. l , in 1988; and WHEREAS , in 1990 the Englewood City Council passed Resolution No . 67, authorizing a change in the contract to include a Go Kart facility ; and WHEREAS, the City Council passed Resolution No. 49 . in 1992 amending the agreement regarding fees and allowing a deduction of the cost of insurance for Go Kart rentals from gross sales; and WHEREAS, in 1994 the City Council authorized a lease of the Clubhouse Building by the passage of Ordinance No . 30 ; and WHEREAS , the City Council passed Resolution No. 40 , Series of 1995 amending the existing agreement to include a Drag Strip at which time the contract was amended and the insurance deduction was inadvertently omitted ; and WHEREAS, by the passage of this Ordinance the Agreement will be amended allowing the deduction for the insurance cost from gr088 sales; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : $ectjgn 1. The City Council of the City of Englewood , Colorado hereby authorizes an amendment to the "Agreement For Operation Of Miniature Golf Course And Go Kart Track -1995" under Section 4-C , amending the Agreement allowing the deduction of liability insurance cost for Go-Kart and Dragster concesaions from its gross sales . a copy is attached hereto as "Exhibit A." $ectjgn 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Agreement on behalf of the City of Englewood . Introduced. read in full , and passed on first reading on the 17th day of August, 1998 . -I - • 1 ... •· • 0 I I -• • • Published as a Bill for an Ordinance on the 21st day of August, 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 paned on first reading on the 17th day of August, 1998. Loucrishia A. Ellis -2- ' . .. • . ' • 0 I ~!) I - - • 0 • AGREEMENT FOR OPERATION OF MINIATURE GOLF COURSE AND GO KART TRACK · 1995 THIS AGREEMENT is a contract that is binding upon the parties, who are the CITY OF ENGLEWOOD [hereinafter "City"] and PRO:: PUTT SYSTEMS, INC . [hereinafter "Operator"). IT IS THE INTENTION of the parties that there be a twenty-seven (27) hole miniature golf course and Go Kart facility to be constructed and operated in a beneficial and aesthetically compatible manner upon a portion of the premises of the existing Englewood Municipal Golf Course. NOW , THEREFORE, in consideration of the covenants and agreements herein contained and of the fees and monies hereinafter set forth , the parties mutually agree and contract as follows : 1. Right to Occupy and Operate The City hereby grants the exclusive right, license, and privilege to Operator to construct, operate, maintain and provide amenities for a twenty-seven (27) hole miniature golf course, Go Kart facility , miniature drag strip, boat ride facility , bike and trail rental facility and clubhouse upon a parcel of land described in Exhibit A attached hereto, and which is presently a part of the existing Englewood Municipal Golf Course. The Clubhouse and eighteen (18) holes shall be wheelchair accessible . Such construction, operation, maintenance and provision of amenities shall hereinafter be referred to a s "ConceBBion. • The City shall at all times retain and maintain its ownership of the real property so occupied . No other activity may be conducted pursuant to this Agreement without the written consent of the City Manager. 2 . Conceyjon Subject to Approval The ConceBBion and its operation, including construction, design, signage , maintenance. and provision of amenities , as well as all activities set forth in the following paragraph, shall be subject to the approval of the City, through its designated repre sentative, which approval may be granted or withheld in the City's sole discretion for any reason when acting in good faith . The City must act promptly in deciding to grant or withhold its approval for any action of the Operator affecting the Concession. The Operator must promptly provide the City with any and all de tails of, or changes in, or make available upon request to the City any and all detail, of, or chances in, the following : Go Kart equipment, construction deaicn, location, landacaping, acheduling, materials, standards, contractors, subcontracton, work.mg penonnel, name, operational design, layout, location, landscaping, hours and day1 of operation, . ' •. ,;' •· • 0 I ]- • • 0 • materials, standards, signage, employees, employee dress , food and drink, sale goods , concession items, all business accounts and books , receipt totals, and any and all business records reasonably necessary to determine accurate, true and correct fees due and owing to the City . Operator shall keep and maintain detailed records of all sales of any kind whatever and of all expenditures in the construction and operation of the concession. If at any time, come or any portion of the construction or design of the concession or its operation is unsatisfactory to the City in its sole discretion, then the City may order and require that such concession and/or operation be altered and changed forthwith in a fashion determined by the City in its sole satisfaction and at the Operator's sole expense. 3. Tuc.m.. This Agreement shall be in effect through September 1, 2010, unless sooner terminated pursuant to the terms set forth herein; and the Operator shall have the exclusive right to renew for two (2) successive, additional five (5) year terms. Renewal shall be automatic unless either party gives written notice no less than si."'tty (60) days prior to the expiration of the then current term of this Agreement that renewal is terminated . This Agreement is not and shall not be construed as a franchise , and the City and Operator shall have the right to mutually and/or unilaterally cancel this Agreement as set forth herein. 4. f.=.a. The operator shall compensate the City by monthly payments for the following items : A. Miniature Golf -beginning January 1, 1995 -10% of the grosa income from the gross gate fee or of any other fee for admission for the miniature golf concesaion. Beginning January 1, 1996 -11 % of the gross income from the grosa gate fee or of any other fee for admi88ion for the miniature golf conce88ion. Beginning January 1, 1997 · 12% of the gross income from the gross gate fee or of any other fee for admission for the miniature golf concession. Beginning January 1, 1998 -13% of the gro88 income from the groes gate fee or of any other fee for admi88ion for the miniature golf concesaion. Beginning January l , 1999 -14% of the gross income from the gross gate fee or of any other fee for admission for the miniature golf concession. Beginning January 1, 2000 -15% of the gross income from the gross gate fee or of any other fee for admi88ion for the miniature golf conceuion. -2- •• . ' •, .. .. • • • 0 - - • • t~ • ' B . Go-Kart, Jr. Dragster a nd Bo a t Re ntal· beginning January 1, 1995 -10% of the gross income from the gross gate fe e or of a n y other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental conce ssion . Beginning January 1, 1996 -11 % of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1, 1997 -12 % of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession . Beginning January 1, 1998 -13% of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1, 1999 -14 % of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1, 2000 -15% of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. C . PRO:: PU'M' SYSTEMS. INC. will be allowed to deduct the liability insurance cost (not to exceed $7 ,000 annually) for Go-Kart and Dragster concessions from its gross sales to the City of Englewood . D . Mountain Bike and other Trail Rental -15% of the gross income for the term of the Agreement. E. Food and drink sales 10% of the gross income for the term of the Agreement. All fees shall be due and payable within fifteen (15) days after the end of the prior month. Reports with sufficient information and approval by the Director of Financial Services shall be made for each month the conceSBion is operated. Failure to make timely payments as required shall cause a finance charge to accrue against the Operator and for the City in an amount equal to one and one-half percent (1.5%) of the unpaid balance per month. Any such failure to make payment shall be considered a material breach of this Agreement. 5 . fll.r.ki..D&. Parking shall include those existing parking spaces presently available to the Englewood Municipal Golf Course. 6. City Partjcipat10n . In addition to those matters set forth elsewhere herem, the City shall also pay the charge for the water tap and the sewer tap . The water tap and sewer tap shall at all times be the property of the City of Englewood, The City shall pay for the installation of a fire hydrant within one hundred (100) feet of the clubhouse. The City shall pay for the installation of the water and sewer lines. The Operator shall be responsible for all service charges on water and sewer service . -3- ,,, - • .. • • • 0 , -• -• • , . . • ' 7 . Utilities and Security . The Operator shall be responsible for installation, provision and payment for all utilities (except water and sewer to the extent they are considered and construed to be utilities as set forth previously herein). Security shall be the responsibility of the Operator, who shall ensure that the public, and any trespasser(s), shall not occupy and use the concession and its premises when it is not open for business. 8. Personnel and Maintenance. The Operator shall be responsible for providing any and all personnel for operation of the concession, and for proper maintenance thereof, subject to the City's approval as set forth above . The Operator shall be reasonable for maintaining that area two feet (2') outside perimeter fence to the sole satisfaction of the City. The City shall be responsible for maintenance of remaining City property, ,including easements. 9. Safety of the Public The Operator shall operate the concession so as to keep the public and its users safe from reasonably foreseeable harm . Any and all injuries or damage to the public shall be reported to the City within one hour thereof, or if same should occur after City hours or on weekends, then by 8:30 a.m . the next working day. 10. Obediem:c lP All Laws and Payment of all Charges Operator shall obey and immediately comply with any and all applicable local, state and federal requirements, ordinances, regulations, rules, laws and statutes. Operator shall also comply with all ordinances, resolutions and rules of the City of Englewood. Operator shall pay all taxes, fees and charges imposed by others on it's concession operation. 11. Performance Bond The Operator shall furnish to the City a performance bond in the amount of Ten Thousand Dollars ($10,000) guaranteeing faithful performance and payment of all terms, covenants, and conditions herein, as well as compliance with any and all applicable local, state and federal requirements, regulations, rules, laws and etatutes as well as in the event of construction of improvements. -4- ,- • I • .. I· • 0 - l • • I • - '· 12 . Indemnification and Insurance Before any construction or any activity related to construction shall commence, the amount of which will exceed Ten Thousand Dollars ($10,000) in whole or in part, or any activity related to construction, the Operator shall provide a payment and performance bond to insure payment of all obligations incurred as a result of said construction or activity . The performance bond shall be in a form approved by the City. The Operator shall before any construction begins procure and maintain in full force and effect at it's sole expense a public liability insurance policy naming the City as an additional named insured . This policy shall remain in full force and effect continuously during this and any successive term of this Agreement, and it shall include comprehensive liability coverage as follows: $1 ,000,000 for injury or death of any one or more persons; $1 million for injury or death occurring as a result of any one accident; $1,000,000 for property damage ; $1 ,000,000 for product liability. A certificate evidencing said insurance policy shall be kept on file at all times with the City and it shall contain a provision that it may not be altered, amended or canceled without fi.rst giving written notice to the City thirty (30) or more days prior thereto. Such policy or policies shall contain no right of subrogation against the City. The Operator hereby indemnifies the City from any and all claims against it arising from any activities pursuant to this Agreement. The City owns and operates a municipal golf course nearby and each party is responsible for its own operations. The Operator agrees to carry adequate lost business, general business, fi.re , theft, personal injury and property damage insurance covering all aapecta of the concession operation in an amount and with a company to be approved by the City Di.rector of Financial Services. All policy or policies shall contain no right of subrogation acainllt the City. 13 . In,nection of Premises . The City shall have the right to examine and inspect the premises, including, on reasonable notice, private office areas . 14 . No Assignment or Subletting The Operator, may not sell, a88ign, mortgage , sublet or otherwise convey, release or pass on any part of its interest in the concession without the prior permiBB1on of the City, which has a right of first refusal as set forth below . The Operator, may not suffer or ca use a lien to be filed against the concession or any part thereof. The Operator shall be responsible and liable to the City for any and all fees and payments to the City , as well as any and all other terms and conditions of this Agreement. Such assignment to the Bank/SBA is conditioned upon the City having a right of first refusal to approve succe880r Operator appointed by the Bank/SBA. If the City refuae1 a proposed successor operator other than for cause, City will caah out the loan. -5- " - • . ' ... • • • 0 I ') -• 0 , . . • ' 15 . Material Breach The parties agree that the happening of any of the following events shall constitute a material breach of this Agreement and City may, at its election , terminate the Agreement upon the happening of any of the following eve nts: a. Operator shall fail to maintain and operate the concession according to the terms of this Agreement. b . Operator shall fail to pay the City the fees provided in Paragraphs 4 or 5, whichever is applicable , within thirty (30) days of date when they are due. c. Operator shall deny the City the right to inspect the concession at reasonable times upon notice . d . Any assignment or transfer of any interest of Operator without the City's approval. e . Operator shall be bankrupt as defined by the laws of the United States, of America, become insolvent, or a receiver, whether permanent or temporary, for all or substantially all of the Operator's property shall be appointed by any Court, or Operator shall make a general assignment for the benefit of it's creditors, or a voluntary or involuntary petition under any bankruptcy law shall be filed with respect to Operator. f. Operator shall fail to keep in effect insurance as provided herein. 16. Right of Fiest RefueaL In the event that the City gives its permission to the Operator to sell the concession, the City may exercise a first right of refusal as follows : Operator must present a bona fide offer of sale-purchase to the City. The City may then match or exceed the sale- purchase price and purchase the concession. 17 . Effect of Termiontioo by Cjty . Upon termination of this Agreement by the City upon a material breach, the City shall have the option for thirty (30) days following such termination to purchase Operator's leasehold improvements. fixtures , signs, equipment and other property for a aum equal to the fair market value leas all monies due to the City under this Agreement. Fair market value shall be determined by two appraisers, one appraiser selected by the City and one appraiser selected by the Operator. If these two appraiaera tiul to agree on fair market value , then the two appraisers shall select a third appraiser who determine fair market value of the property . If the City refuses to purchase the improvements then the Operator shall have thirty (30) days to remove the fixtures and equipment. The City may withhold sufficient fixtures and property in order to pay all monies due to the City under this Agreement. Any s um to be paid shall be offset by any payment to third parties. -6- ,- • ' .. • • • 0 , ]- • • •, • <. 18. Trade Name The trade name of RIVERSIDE MINIATU RE GOLF CLUB shall remain at all times the property of Operator unless purchased by City. 19. Termjnatjon by Operator This Agreement may be terminated by Operator upon sixty (60) days' written notice to the City . Operator shall, at it's option, have the right to remove all buildings, furniture , fixtures , signs, equipment and other property and leasehold improvements within thirty (30) days of notice of termination delivered to the City other than those improvements supplied by City, which are water and sewer tap and fire hydrant. 20 . Delivery Upon Termination. Subject to the terms of this Agreement, Operator shall deliver the concesaion and premises to the City at termination of this Agreement in as good condition and state of repair as when received, except for ordinary wear and tear or loss or damage caused by act of God . 21. Force Majuere . Performance of this Agreement shall be excused if rendered impOBBible by act of God . 22. Attorney Fees Any breach or failure to pay any fee required hereby shall entitle the succeaaful party, who was required to collect a fee sum or charge or enforce this Agreement, reaaonable attorneys fees and costs of collection. SO AGREED. CITY OF ENGLEWOOD By :------------ Thomas J . Bums, Mayor PRO :: PUTT, INC . By: __________ _ Scott L . Simpaon, Preeident Date: -7- ATTEST: Loucrishia A. Elli.e , City Clerk By :----------- Debra L. Simpaon Secretaryfl'reuuntr . ' \. .. • • 0 , - - , ORNNUIC&lilD.-- SERIES OF 1998 • • • BY AUTHORITY COUNCIL BILL NO . 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD, COLORADO ; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING , CURB , GUTTER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood , Colorado pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of Colorado, found and determined that there existed a necessity for the creation of Paving District No. 38, in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with necessary incidentals, within the District; and WHEREAS, the City Council desires to amend Ordinance No. 34, Series of 1997 which was passed in May, 1997 which originally created Paving District No . 38; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 BCH?l'eetipp or tho Qimic;t. That special improvement district, Paving District No. 38, for the removal and replacement or new construction of the improvements hereinafter described, is hereby re-created and re-established in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City , and the laws of the State of Colorado, and shall be known and designated as "Paving District No . 38". All proceedings, heretofore taken and adopted in connection with the District are hereby ratified, approved , and confirmed. Section 2. Encinurinc Plane and Seec:iflretiPDI, That the amended engineer's reports, together with the details, specifications, estimates of cost, maps, and schedules attached or appended to said reports, are hereby approved and adopted . Sectjon 3. Qiuric;t Boundary. The District shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb, gutter, sidewalk and paving do not meet City lltandards , which real property may be asseBSed with the cost of the improvements . A list containing the addreBSes of said real property is attached hereto aa "Exhibit A." -1- . , 11 bl "' • • 0 , ]- ] • • • Section 4. Descrjptjop of hpprovemeots. (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described , including the real property within one-half (l/2) block of such streets and avenues. Adjus tments for the aSBessment of costs will be made for irregular and odd -shaped lots and parcels of property. (b ) The improvements to be constructed or installed are as follo ws : (1 ) Necesaary grading and excavation, with 8" compacted gravel base COUJ'8e and 3" asphaltic concrete surface , concrete walks, curb On W . Radcliff Ave . W. Stanford Ave . W. Thomas Ave . S . Beverly Dr. S. Garden St. S . Windermere St. W. Prentice Ave. and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: From S . Windermere St. S . Windermere St. S . Windermere St. W . Tufts Ave . W . Thomas Ave. W . Quincy Ave . S . Windermere Cul-de-sac± 360' E. of Navajo Cul-de-sac± 330' E . of Navajo S . Garden St. W . Thomas Ave. Cul-de-sac± 220' S . of Thomas Ave . W. Tufts Ave . S . Hickory Lane (2) Necesaary grading and excavation, with 6" compacted gravel base course and 2" asphaltic concrete surface , concrete walks, curb On and gutter where not already installed or not meeting City standards; together with appurtenance• and incidentals on the following streets and avenues : From To S . Emerson St. E . Girard Ave . E . Hampden Ave . On (3) Neceeaary grading and excavation, with concrete street paving; together with appurtenances and incidentals on the following streets and avenues: From To W . J e fferson Ave . S . Cherokee St. Alley E . of Cherokee (c) Pnor to the removal and replacement or new construction of the improvements within the proposed district, affected property owners will be allowed a specified time period in which to have said improvements removed and replaced or constructed on their own initiative . (d) The probable total cost of the improvements to be constructed and installed within the District is $1 ,630,000. -2- -.....-~-\ ,,, - . ' • ' .. •· • l - Paving: • 0 t• •, - (e) The probable amount of the total cost of said improvements which the City shall pay is approximately $730,000. (f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvemen.ts. Probable costs per front or linear foot for said improvements are as follows: 40' width, 8" base, 3" asphalt 30' width, 8" base, 3" asphalt 24' width, 8" base, 3" asphalt 20' width, 8" base, 3" asphalt 32' width, 6" base, 2" asphalt $52 .00 F .F . $39 .00 F .F . $34.00 F.F. $27 .00 F.F. $33.00 F .F . Concrete: Monolithic curb, gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Sidewalk 6" Sidewalk $51.00 L.F . $46 .00 L.F . $22.00 L .F . $23.50 L.F . $68 .00 F.F . $ 5.00 S.F. $ 5 .50 S .F . No assessments will be made for curbs, gutters, and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the acbedule of proposed asseBBments which will be on file in the Office of the Director of Public Works, from which the approximate amount to be aaaeased against any particular lot or parcel of property may be determined . Se<;tjon 5 . lmproyemcnta Authoriged . The removal and replacement or new construction of the improvements deacribed above m and for the District, and as shown by the amended plans, specifications. and maps as approved and adopted by the City Council, is hereby authoru.ed and ordered. The material to be used in the removal and replacement or new construction of said improvements is to be in accordance with such plans, specifications, and maps. Section 6. Aue11mcnt or CQIY . The probable total coet of the improvements to be removed, replaced, or constructed within the District is $1 ,630,000; it 18 propoeed that the City of Englewood will pay approximately $730,000 of said total cost. The balance of the total cost which is not paid by the City of Englewood will be assesaei against the real property located within the District and specially benefited by removal and replacement or new construction of the improvements. The approximate amounts to be assessed against said properties on a front foot, linear foot, or square foot baaia shall be as more particularly set forth in this Amended Ordinance, Series of 1998; aaid unit costs are mcorporated herein by specific reference. -3- ..... . ' • .. .. I • • 0 , ?. I - • • • • <. Sectjon 7. Payment of Aate11meot1 . The costs of the removal and replacement or new construction and installation of the improvements, less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district baaed upon the benefit conferred by the improvements upon each parcel of realty within the district. If the asaeasment is not paid in full within the period of time set forth in the aasessment ordinance, the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the aaseasment ordinance. Section 8. Btiotftta. The City Council hereby finds and determines that the improvements propoeed to be removed and replaced or constructed will confer a apecial benefit upon the real property within the District and a general benefit upon the City as a whole. Section 9 . Sevcrahility . If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sectjon 10 . B•pcal•r. All ordinances, or parts thereof, inconaistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. Section 11. Pyblic;atipp apd lff@ixt Date . Thia Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the aignature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of thi.e Ordinance, a copy of thia Ordinance ,ball be provided to the County Aueuor and the County Treuurer of Arapahoe County and to the Divi.aion of Local Government in the Department of Local Affain of the State of Colorado. Thia Ordinance •hall become etiec:tPe thirty (30) days after publication following final puup. Introduced, read in full, and p.-d on fint reading on the 20th day of July, 1998. Publiabed u a Bill for an Ordinance on the 24th day of July, 1998. A Public Hearing wa1 held on Auguat 17, 1998. Read by title and paased on final reading on the 17th day of Auguat, 1998 . Published by title as Ordinance No.~ Series of 1998, on the 2lllt day of August, 1998. Tbomu J . Burm, Mayor ATTEST: Loucriahia A. Ellil, City Clerk -4- . , "' .. • • 0 I • • • <. • I , Loucriahia A. Ellis, City Clerk aC the City of Englewood. Colorado, hereby certify that the above and Corecoinf ia a true copy oftbe Ordinance Pll88ed on final reading and published by title as Ordinance No . _ Series of 1998. LoUcriahia A . Ellis -5- 'I • • 0 - PPI Situ-ID 1971-j5-j-2J-032 V .0. u"=ENA VEEl51 1971-35-3-23-033 NSTS3'75 1971-JS-3-23-034 ,_ ---NSTS3435 1971-j5-j-2J-037 ----NSTS3401 1971-j5-3-23-038 .n .111tc<:nNSTSJ426 1971-jS-j-24-001 E.'\1ERSONSTS3444 1971-j5-3-24-009 EMERSONSTS;446 1971-j5-3-24-012 ~DENAVEE9'S 1971-35-j-24-013 NSTS3496 • 1971-35-3-24-014 NO ADDRESS 2077-03-2-02-011 CHEllOKEESTS3610 2077-03-2-02-012 CHEROKEESTS3612 2077-03-2-02-013 CHEROKEESTS3620 • 0 • NameaadAdd,- Columbia HcallbOae LLC 46'3 s. U1ar St. #1200 !Dmwr. co 8023i-2153 ~okabia HaidlODe LLC ~3 s. U1ar St. #1200 Deawr. co 8023i-2153 Columbia HaidlODe LLC ~3 s. U1ar St. #1200 Deaver. co 80237-2153 Craig Hospilal 3425 S. Clariaoa SL Eqlewood. CO IOII0-2111 Czai& Haspira1 3425 s. Clariaoa St. Eqlewood. CO IOI 10-Zll I Columbia HeailllOne LLC ~3 s. U1ar SL ,moo Denver. CO 80237-21S3 ~olumbia HaldlOae LLC 14643 s. U1ar St. #1200 Denver. CO 80237-2153 Columbia HaidaOae LLC ~3 s. U1ar St. #1200 Dmwr. co 80237-2153 Columbia HallbOae LLC 46'3 s. Uillllr St. #1200 Denver, CO 80237-2153 Columbia HaldlOae LLC 46'3 s. Uillllr St. #1200 Denver. CO 80237-2153 Janes R. SalliYIII 3610 s. Clleraue St. CO IOl 10-3526 irimodly G. c,... 13612 s. Cllerobe St. -CO I0110-j526 ~A.&BcyI.~rrTEN ~910 s. 0....., St. -CO l0l1CMS23 Papi • ~ I • I T A . ' •. .. •· • 0 I • "' - •. 0 I• - PPI 077--09-1~7 AVEW1300 CO IOI IO-S533 AVEWl:252 CO IOI IO-SS33 077-09-1~9 WINDERMERESTS4SSO ANFORDA VEWIS82 077-09-1-00-074 STANFORDA VEWl401 077-09-1-00-0iS WINDERMERESTS4390 077--09-1-16-006 VEWISIO 077-09-1-16-010 ... • • 077-09-1-17-004 0 IO 123· 7924 Papi • • , - ]- - PPI OADDRESS OADDRESS OADDRESS • • ·-.. • 13.51 W. Sllaford Ave. CO SOI 10-5.533 CO SOll0-5.533 Sullarbm Pam .t: a.a... Dmria "I S. Ulliwnily Blvd. co I0121-2973 ..... -- ' • , . . • 0 ]- • • • • I BY AUTHORITY aaDD•na: MOfh SERIES OF 199 COUNCIL BILL NO 45 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDlNANCE APPROVING THE SALE ON THE OPEN MARKET OF A PROPERTY, WHICH WAS DEVELOPED FOR THE "BUILD" PROJECT. WHEREAS , the Englewood City Council allocated $500 ,000 from the General Fund for Project BUILD; and WHEREAS, in 1990 the Englewood City Council recommended a program be instituted whereby newly constructed. aingle-family homes are built to replace serioualy dilapidated or obsolete structures, or are built on vacant lots; and WHEREAS , one such developed property is ready to be sold to private parties who will secure their own financing, thereby replacing the City funds used and returning them to the BUILD fund ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1 Approval is hereby given for the sale of one property which was developed for Project BUILD. Said property will be sold to private parties who shall secure their own financing and the City funds, which were used to purchaae and develop said prope.rty, shall be returned to the BUILD fund. The sale price is to be the fair market price based on appraisal plua or minua seven pen:ent (7%). Section 2 The following property to be eold is property which waa developed for Project BUILD: 777 West Oxford Avenue The sale of this property shall require the pun:huer to agree by aeparate document as follows : l . The purchaaer ahall be the occupant. 2 . The purchaaer ahall not own any other ruidence on the date of tranafer of deed to the above propertiea. 3 . The property may not be rented by the owner during the fint three (3) yean of ownerahip . Section 3. The Mayor and the City Clerk are autboru.ed to euc:ute the proper form of deed for the conveyance of this property punuant to Section 71 ol the Enpewood City Charter. Introduced, read in full, and paaaed on 6nt readinc on the 3rd day ol Aucut, 1998 . -1 - . , • 11 bll .. • • 0 , • • ·, • .. Published as a Bill for an Ordinance on the 7th day of August. 1998. Read by title and puaed on final reading on the 17th day of Augwit, 1998. Published by title as Ordinance No. ~ Series of 1998, on the 2lat day of August, 1998. Thomu J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forecoinc ia a true oopy of the Ordinance paued on final reading and published by title u Ordinance No. ~ Series of 1998. Loucriahia A. Ellia -2- ,, - • I • . .. ., • • 0 1 .32 x I ]- ' .,_/M_ SERIES OF 1998 • • • . . ... BY AUTHORI'l'Y COUNCIL BILL NO . 46 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING PURCHASE , UNDER CERTAIN TERMS AND CONDITIONS, OF THE DEPOT PROPERTY FROM ENGLEWOOD HISTORICAL SOCIETY. WHEREAS , the Englewood Historical Society owns certain real property at South Fox Street and West Dartmouth on which the Depot building sita; and WHEREAS , the City wishes to obtain these lots to allow for landscaping and beautification of the area; and WHEREAS , the City desires to purchase the Depot and the seven lots on which it sita from the Englewood Historical Society ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sect,ipn l . The City Council of the City of Englewood , Colorado, hereby approves purchase of the Depot building and seven lots owned by the Englewood Hist.orical Society for $286,000. Said lota are legally described 88 follows : Lota 18 to 24 inclusive , Block 2, Taylor's Addition. County of Arapahoe , State of Colorado EXCEPT that Tract or parcel of land described in the Deed. The conditions for purchase are more fully described in the Contract To Buy And Sell Real Eatate attached hereto 88 "Exhibit A ." Sect,ipn 2 . The Mayor Pro Tem is authorir.ed to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado . Introduced , read in full, and passed on first reading on the 3rd day of Auguat, 1998 . -1- "' - • < • . 11 b iii .. • • 0 ]- • • • . . Published as a Bill for an Ordinance on the 7th day of August, 1998 . Read by title and pasaed on final reading on the 17th day of August, 1998. Published by title as Ordinance No ._ Series of 1998, on the 21st day of August, 1998. Thomas J . Burm, Mayor . ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foreaoinc ill a true copy of the Ordinance pused on final reading and published by tide u Ordinance No . _ SeriN of 1998. Loucriahia A. Elba -2- . , ' .. • • 0 f .,l'\v l ' • • • ,, EXHIBIT A CONTRACT TO BUY AND SELL REAL ESTATE 1. PARTIES AND PROPERTY. The City of Englewood (Purchaser), agrees to buy, and the Englewood Historical Society, Inc. (Seller), agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Arapahoe to wit: Property currently owned by the Englewood Historical Society, Inc.: Lota 18 -24 , Block 2, TAYLOR'S ADDITION, County of Arapahoe, State of Colorado Em:111 that tract or parcel of land described in the Deed. together with all interests of seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except u herein excluded, and called the Property. 2. INCLUSIONS. The purchue price includes the old Enc}ewood Railroad Depot aa it exists on the date of cloein&, ~udinc all fixtures. 3. PURCHASE PRICE AND TERMS. The purchaae price shall be Two Hundnd Eichty-Six Thouaand Dollars ($286,000) payable in U.S. dollars by purcbuer at c1oainc to be paid in cash, electronic transfer al funds , certified check, or caabien check. The parties qree to 1hare the cloainc COits with each to pay one-half (1/2) al uid cloainc COits at cloainc. 4. CONDfflONS OF SALE. 1. Thia contract ii conditioned upon the Eqlewood Hiltorical Society, Inc. furnilhinc at the date of cloainc , a release al the Deed of Trust dated October 20. 1994, and alao a releaae al the NCOnd Deed of Trust dated January 11 . 1995, said deedl oltruat beiD( sranted to the Enc}ewood Houainc Authority by the Enc)ewood Hiatorical Sooety, Inc. . 2 . The Enc}ewood Hiltorical Society providee a waiver for principal and int.el'Nt to free the property of all Enc)ewood Houainc Autbonty eDClllllbranme. ----o-- . ( • . .. • • 0 f I • ,. - • • 5 . NOT ASSIGNABLE. This contract shall not be assignable by purchase:-v.·1thout seller's prior written consent. Except as so restricted, this contract shall= to the benefit of and be binding upon the heirs, personal representatives, succe:.;.;:ll"s and assigns of the parties. 6 . EVIDENCE OF TITLE. Each Party shall furnish to the other at its ow:: ~xpense, a current commitment for owner's title insurance policy in an amount equa:-;::; the agreed upon fair market value on or before the date of closing. If a title :.=.surance commitment is furnished , each party shall furnish copies of instruments er abstracts of instruments) listed in the schedule of exceptions in the title :l1$urance commitment to the other party. This requirement shall pertain only to i.tl.=uments shown of record in the office of the clerk and recorder of Arapahoe County ~e title insurance commitment, together with any copies or abstracts of instrume:::r..E furnished pursuant to this section 5, constitute the title documents (Title Documents). Each party must request the other party to furnish copies ci ai>stracts of instruments listed in the schedule of exceptions on or before the date oi ~osing. Each party will have the title insurance policy delivered to the other as sc= as practicable after closing and pay the premium at closing. 7 . DATE OF CLOSING. The date of closing shall be by mutual agreement a: an earlier date . The hour and place of closing shall be as designated by La=.a. 'iitle Company. 8 . TRANSFER OF TITLE. Subject to tender or payment on closing as req=ed herein and compliance with the other terms and provisions hereof, each Party si:.a..L execute and deliver a good and sufficient Warranty Deed to the other party, on clcmng, conveying the Property free and clear of all taxes except the pneral taxes :i::r the year of closin&, free and clear of all liens for special improvements inatalled as rr ~e date of each Party's eipature hereon, whether useued or not; distribution uci.ir.y euements, includin& cable TV; except those mattere reflected by the Title Documents accepted by the other Party; except those ripts, if any, of tl:;..~ parties in the Property not shown by the public records in aocardance with; and sum:iect to buildin& and zonin& rqulatiom. 9 . PAYMENT OF ENCUMBRANCES. Any encumbrance required to be pal.LC shall be paid at or before the time of settlement from the proceeds of this transa....":lon or from any other eouroe. 10 . POSSESSION. Possession of the Property shall be delivered to~ as follows : Immediately upon cloain&. 11 . NOTICE OF ACCEPTANCE/COUNTERPARTS. A copy of this documo=: may be executed by each party, separately, and when each party has executed a =Y thereof, such copies taken topther shall be deemed to be a full and compume contract between the parties. ' -. ,..,, I • I· I • 0 I • . ' ]-,.. • • ,~ THE CITY OF ENGLEWOOD, COLORADO • Purchaser Alexandra Habenicht, Mayor Pro-Tem Date Address: 3400 South Elati Street, Enclewood, Colorado 80110 .. THE ENGLEWOOD HISTORICAL SOCIETY, INC. • Seller Date Addreaa: , Enslewood, Colorado 80110 • • 0 ]- • • «• . -' WARRANTY DEED THIS DEED, made this __ day of 19 , by and between the ENGLEWOOD HISTORICAL SOCIETY, INC. (hereinafter "Grantor"), and the CITY OF ENGLEWOOD , COLORADO (hereinafter "Grantee"), whose address is 3400 South Elati Street, Englewood, Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the sum of Two Hundred and Eighty-Six Thousand Dollara ( $286,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm , unto the grantee, its succeasors and 888igns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, cleecribed as follows : Lots 18 to 24 inclusive, Block 2, Taylor's Addition, County of Arapahoe, State of Colorado . ~ the following described parcel conveyed to the Department of Transportation, State of Colorado, by Warranty Deed dated June 21 , 1994, and recorded September 2 , 1994, in Book 7691 , Page 270, of the Arapahoe County Clerk and Recorder's Office , to-wit: A tract or paroel of land No. 25 Rev. oft.be Department of Transportation, State of Colorado, Project No . NH-FCU 085-2(51) IXFU 085-2(24) containin& 637 eq. fL more or lesa, in Lots 20 thru 24, Block 2, TAYLOR'S ADDITION, a aubdiviaion in the SW 1/4 of the NW 1/4 of Section 34 , Township 4 South, Ranp68 Wat, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel of land bein& more particularly described u follows : Beginning at a point on the north richt of way line of Dartmouth Ave. (March 1994) said point also being on the south line of said Lot 24, from which the W 1/4 corner of Sect.ion 34 bears S . s5•56'52"W ., a distance of 470.06 feet, more or leea, to the Point of Beginning; 1. Thence S . 89•36'25" W. alonc the said north richt of way line , a diatance of 107.00 feet, to a point on the eut richt of way line of S . Galapqo St. (March 1994), said point alao being the west line of said Lot 20; 2 . Thence N . 00-00'48" W. alonc said eut richt of way line, a diataDce of 13.50 feet; 3. Thence S . 79-03'39" E., a diatance of 21.87 feet; 4. Thence S . a4•14•51• E ., a diatance of 85.96 r.et. more or leaa, to die paint of Beginning. "'~ . ' • . ' .. • • 0 I - - ,· • ,,_ • • - The above described parcel contains 637 aq. ft., more or less. Bearinp are based on a polaris obeervation of the East line of the NE 1/4 of Section 33, prepared by Gin&erY Aaaoc. at J.N.: D-1633.001 dated Sept. 1980, prepared for the City of Englewood (N. 00-02'12" E .). TOGETHER, with all and singular hereditaments and appurtenances thereunto beloncinc, or in anywise appertaininc, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the crantor, either in law or equity, of, in and to the above barpined and described premiaes, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premiaes above bargained and deecribed, with the appurtenanoes, unto the Grantee, its S'IICce880r& and aasiJns forever. And the Grantor for itaelf, its successors and uaipa, doea COV"enant, crant, barpin and qree to and with the Grantee, its aucceuors and uaipa, that at the time of the enaelainc and delivery of theae preeents, it is well aei.Rd of the premiNB above conveyed, has aoocl, 811ft, perfect, abeolute and indefeasible estate of inheritance, in law , in Cee simple, and has sood richt. full power and lawful authority to crant. barpin, aell and convey the same in manner and form afiireaaid, and that the same are free and clear from all former and other p-ants, barpins, sales, liens, taxes, UNUDlents, ._...._ and restrictiona of whatner kind or nature -ver. The Grantor ahall and will WARRANT AND FORE\'ER DEFEND the above barpiDed premiaes in the quiet and peaceable p::tnni.cm of the Grantee, its~ and uaicna apinat all claims on the whole or any part thereof. IN WITNESS WHEREOF. The Grantor has cau.aed its corporate name to be hereunto subecribed by its attetted by its the day and year first above written. -2- --------- . . • . • • 0 I ---_ I • ,,, - . ' ]-• . • • - ' AT"l'EST: THE ENGLEWOOD HISTORICAL SOCIETY, INC. By: .. STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foretoinc imtawent wu ac:knowleclsed before me the ------County, State of Colorado, tbia __ clay aC 1998, by --------------.. and •• ________ _;«the Ellll-ood Hiatorical-. -Society----. lnc.--_------ • ... • • 0 -3- r ~? v I -• • • BY AUTHORITY SERIES COUNCIL BILL NO . 47 INTRODUCED BY COUNCIL MEMBER BRADSH..\ W AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORITY UNDER CERTAIN TERMS AND CONDITIONS . WHEREAS, the City of Englewood is in the process of buying the old Englewood train Depot (Depot) and land belonging to the Historical Society ; and WHEREAS, the City desires to obtain the buildable lots at South Fox and West Dartmouth Ave . adjacent to the present Depot property, which are now owned by the Englewood Housing Authority, for the purpose of landscaping and beautifying the area around the Depot; and WHEREAS, the Englewood Housing Authority is willing to exchange those lots for lots belonging to the City under its Project Build program; 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 approves the exchange of real property owned by the City under the City's Project Build program for the real property adjacent to the Depot buildinc and land upon the terms and conditions as deacribed in the attached contract attached hereto as "Exhibit A ." The legal deacriptiona of the property to be exchanced are u follows : 1. Property currently owned by the Englewood Houaing Authority: Lots 25 -30, Block 2 , TAYLORADDlmON, County of Arapahoe, State of Colorado alao known by street addreu a s : 607 West Dartmouth Avenue Enclewood. Colorado 80110 with a P .P.I . Number of Lots 25 and 26 -1971-34-2-24-030 Lots 27, 28 and 29 -1971-34-2-24-031 Lot 30 -1971-34-2-24-032 2. Property currently owned by the City of Englewood u Project Build lots: (i) Lots 9 and 10, Block 5, LOGANDALE , County of Arapahoe, State of Colorado -I - with a P .P.I. Number of: 2077-04-1-007-023 . . • . 11 b iv .. • 0 ]- - • • • • ·~ • also known by street address as: 3736 South Inca Street Englewood, Colorado SOHO (iJ.) Lots H and 12, Block 5, LOGANDALE. County of Arapahoe, State of Colorado also known by street address as: 37 40 South Inca Street Englewood, Colorado SOHO (iii) Lots H and 12, Block 1, JACKSON'S BROADWAY HEIGHTS, County of Arapahoe, State of Colorado also known by street addre81 aa : 3938 South Acoma Street Englewood, Colorado 80110 with a P.P.l. Number of: 2077-04-1-007-024 with a P .P .l. Number of: 2077-03-3·01-006 5ectjgp 2 . The Mayor Pro Tem ia authoriaed to euc:ur.e and the City Clerk to atteat and aeal the Agreement for and on behalf al the City al Eap!wood, Coiando . Introduced, read in full, and pUNd aa finl ........ cm the W ..,. al~ 1998 . Publiabed u a Bill for an Ordinance on the ,.. day al Aupal. l Read by title and pUNd on final readiac cm tbe 17th U y al Allpal., l Publiabed by title u Ordinance No ._, SeriN al 1911, cm die %ht day al Aucuat, 1998 . ATTEST: Tbmua J . Burna. Mayor Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia. City Clerk al the City alEnclewood, Colorado . hereby certify that the above and foresoinc ia a true copy al the Ordinance paaNCl on 6nal readinc and publiabed by title u Ordinance No . ~ Series al 1998. -2- '' ·- .. ... • • 0 I ,,,, I - ]- • • , . • (. • CONTRACT TO EXCHANGE REAL ESTATE EHHIBITA 1. PARTIES AND PROPERTY. The City of Englewood and the Englewood Housing Authority, (Parties) agree to exchange, on the terms and conditions set forth in this contract, the following described real estate in the County of Arapahoe to wit: Property currently owned by the Englewood Housing Authority: Lota 25 -30, Block 2 , TAYLOR ADDIITION, County of Arapahoe, State of Colorado also known by street addreu as : 607 West Dartmouth Avenue Englewood, Colorado 80110 with a P .P.1 . Numbers of: Lots 25 and 26 -1971-34-2-24-030 Lots 27, 28 and 29 -1971-34-2-24-0 Lot 30 -1971-34-2-24-032 Property currently owned by the City of Enclewood u Project Build lots: Lots 9 and 10, Block 5 , LOGANDALE, County of Arapahoe, St.ate of Colorado alao ~ by atnet acldre.. u : 3736 South Inca Street Enc]ewood, Colorado 80110 Lots 11 and 12, Block 5 , LOGANDALE, County of Arapahoe, St.ate of Colorado aJao ~n by atnet acldre.. U : 3740 South Inca Street Enc)ewood . Colorado 80110 with a P .P.I . Number of: 2077 -04-1-007 -023 with a P .P .I. Number of: 2077-04-1-007 -024 Lots 11 and 12, Block 1. with a P .P.1 . Number of: JACKSON'S BROADWAY HEIGHTS. 2077-03-3 -01 -006 County of Arapahoe, St.ate of Colorado aJao ~D by etftet addftN U : 3938 South Acom.a Stnet EncJew«,d , Colorado 80110 . , • • 0 r ,,.,.. I • • , . • together with all interests of the respective parties in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and called the Properties. 2 . INCLUSIONS. None . 3 . PURCHASE PRICE AND TERMS. The purchase price shall be an even exchange of properties. 4 . GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 5. NOT ASSIGNABLE. This contract shall not be assignable by either Party without the other Party's prior written consent. Except as eo restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 6 . EVIDENCE OF TITLE. Each Party shall furnish to the other at its own expense, a current commitment for owner's title insurance policy in an amount equal to the agreed upon fair market value on or before the date of cloeing. lf a title insurance commitment is furnished , each party shall furnish copies of instruments (or abstracts of instruments) listed in the schedule of exceptions in the title insurance commitment to the other party. Thie requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of Arapahoe County . The title insurance commitment, tocether with any copies or abstracts of instruments furnished pursuant to this aection 6 , constitute the title documents (Title Documents). Each party muat request the other party to furnish copies of abstracts of instruments listed in the achedule of exceptions on or before the date of closing. Each party will have the title insurance policy delivered to the other as soon as practicable aft.er cloeing and pay the premium at cloeinc. 7 . DATE OF CLOSING. The date of closinc ahall be arranced by mutual agreement. The hour and place of cloeinc shall be a& designated by Land Title Company. 8 . TRANSFER OF TITLE. Subject to tender or payment on cloeing, aa required herein . and compliance with the other terms and proviaiona hereof, each Party shall execute and deliver a good and suflicient Warranty Deed to the other party, on closinc, conveying the Property free and clear of all tun except the general tuea for the year of cloainc, free and clear of all hena for 1pecial improvements inatalled u of the date of each Party's sicnature hereon, whether uaeued or not; diatribution utility euementa, mcludinc cable TV ; except tboae matt.en reflected by the Title Documents accepted by the other Party ; except tboee righta, if any, of third parties in the Property not s hown by the public records in accordance with; and 1ubject to building and zoning regulations. 9 . PAYMENT OF ENCUMBRANCES. Any encumbnnce required to be paid shall be paid at or before the time of settlement from the proceede of this tranaaction or from any other aource . ;- ., I • 0 , ]- ]- • • • •, 10. POSSESSION. POBBeuion ofthe Property shall be delivered to Purchaser as follows : Immediately upon closing. THE CITY OF ENGLEWOOD, COLORADO Alexandra Habenicht, Mayor Pro-Tem Date Address: 3400 South Elati Street, Englewood, Colorado 80110 THE ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, E:ecutive Director Date Addreas: 3460 South Sherman Street -Suite 101, Englewood, Colorado 80110 . . .. • • 0 r I -• • • COUNCIL COMMUNICATION Date Agendaltem Subject 1999 Wage Increase for City August 17, 1998 11 Ci Employees Initiated By Staff Source Jacqueline Meadows, Acting Co-Director of Department of Administrative Services Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved resolutions in 1997 granting wage increases in 1998 of 3.4% on the 1997 base wage rate effective January 1, 1998 for directors, managerial and supervisory employees, and confidential employees. Council previously approved resolutions in 1997 granting wage increases in 1998 of 3.25% on the 1997 base wage rate effective January 1, 1998 for part-time, benefit-eligible; and unclassified, benefit-eligible employees. The 1998 COLA covered all employee groups set forth below with the exception of City Manager, City Attorney and Municipal Court Judge. RECOMMENDED ACTION Staff requests Council approval of the attached resolution for cost of living (COLA) wage increases for calendar year 1999 for the following groups of employees: City Manager, City Attorney and Municipal Court Judge Directors Managerial and supervisory employees (General Ser.pees, Police and Fire) Confidential employees Part-time, benefit-eligible employees Unclassified, benefit-eligible employees Staff requests Council approval of the attached resolution for performance compensation for the year 1999 for the City Manager and City Attorney. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED Employees covered by this resolution will receive the following increase on the 1998 base wage rate: C ity Manager, City Attorney and Municipal Court Judge D irectors , managerial and supervisory employees, and confidential employees Part-time, benefit-eligible ; and undauified, benefit-eligible employees 3 .0% 3 .50% 3 .0% • . •· • 0 , - • • • • ·, • .. The City Manager and the City Attorney shall receive an additional 2"/o as performance compensation. The increase will be effective for the first paycheck in 1999 with a pay date of January 8 , 1999. The increase in items 1 and 3 above is comparable to the 3.0% increase being given to the Englewood Employees Association. FINANCIAL IMPACT The projected impad of the COLA on wages and benefits impaded by wages for 1999, is approximately S 272,757 as follows: City Manager, City Attorney and MIM'1icipal Court Judge Directors Managerial and supelVisory employees General Services Police Fire • Confidential employees • Part-time, benefit-eligible employees • Unclassified, benefit.iigible employees Total UST OF ATTACI •ENTS Proposed Resolution $ 9,285 $ 27,324 $ 118,818 $ 28,359 $ 17,285 $ 42,125 $ 24,308 $ 5,253 • %12.1SI " -. ' • . , • • 0 i '--~ I - IIB80LUTION NO.~ SERIES OF 1998 • • - ,. - l • A RESOLUTION APPROVING COMPENSATION PLANS FOR THE CITY MANAGER, THE CITY A'M'ORNEY, THE MU NICIPAL JUDGE , DIRECTORS, MANAGERIAL, SUPERVISORY, CONFIDENTIAL, U NCLASSIFIED AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1999. WHEREAS, by Charter amendment effective April 13, 1981 , City Council provided for the establishment of managerial and supervisory employees within the service of the City of Englewood ; and WHEREAS, by virtue of managerial and supervisory duties assigned to these positions by the City Manager, it has been determined that they are excluded from membership . participation or representation in any collectively bargained employee system of the City of Englewood ; and WHEREAS, by Charter amendment effective April 13, 1981 , City Council provided for the establishment of confidential emplayees within the service of the City of Englewood; and WHEREAS , by virtue of the duties assigned to these positions by the City Manager or the City Attorney, it has been determined that they are confidential and therefore the City makes no promise of continuous employment, permanent employment or any specific length of employment and these employees are therefore excluded from membership, participation or representation in any collectively bargained emplayee system of the City of Englewood and are exempt from the Career Service System; and WHEREAS, the Englewood Municipal Code, Section 3-1-3 provides for the establishment of unclassified emplayees within the service of the City of Englewood ; and WHEREAS , by virtue of the service status of employees determined to be unclassified, benefita-eligible employees, it has been determined that the City makes no promise of continuous employment, permanent employment or any specific length of employment and theae employees are therefore excluded from membership , participation or representation in any collecuvely bar(mned emplayee system of the City of Englewood and are exempt from the Career Servioe S ystem; and WHEREAS, part-time benefits-eligible emplayees are defined to be thoee working an average of 20 or more hours per week over a 12 month period with no break in service; and WHEREAS, the City makes no promise of continuous employment, permanent employment or any s peafic length of employment and these employees are therefore excluded from membership , particpation or representation in any collectively bargained employee system of the City of Englewood and are exempt from the Career Service System; and WHEREAS , this Resolution would apply to Directors whose compensation is set by the City Manager; and WHEREAS, this Resolution would apply to the City Manager, the City Attorney and the Municipal Court Judge who are compensated by the City Councl under aeparate reaolutions; and ' ' -..... '' • .. I· . , • 0 l _.. I - - • • ·, • WHEREAS , this Resolution would not apply to employees covered by a union in the City of Englewood as they are compensated by contract under separate resolutions; and WHEREAS , under the Compensation Plans for directors, managerial, supervisory, confidential, unclassified and part-time benefits-eligible employees, City Council desires to establish the pay rates for the year 1999; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertioo 1. The City Council of the City of Englewood, Colorado hereby approves the following pay increases on the 1998 base wage rate effective for the first paycheck in 1999 with a pay date of January 8 , 1999, for the calendar year of 1999: l ) Directors, managerial, supervisory, and confidential employees of the City of Englewood · 3 .5%. 2 ) Unclassified benefits eligible and part-time benefits-eligible employees of the City of Englewood -3 .0 %. 3) The City Manager, the City Attorney and the Mumcipal Court Judge of the City of Englewood -3 .0 %. 4) The City Manager and the City Attorney shall receive an additional 2" as performance compensation. ADOPTED AND APPROVED this 17th day of Aucuat, 1998. Thoma• J . Burns, Mayor ATTEST: Loucriahia A . Ellis, City Clerk I , Loucriahia A Ellis, City Clerk for the City of Enc)ewood, Colorado, hereby certify the above is a true copy of Reaolution No . ~ Seriea of 1998. ,,,_ . ' • . .. • • 0 - ·, alOLlfflON N00 SERIES OF 1998 ·a+ '· • • • WHEREAS, the Englewood Environmental Foundation was formed to relieve the burdens which would otherwise be a88umed by the City of Englewood, Colorado in connection with the environmental remediation. land use planning and preparation for development of the Cinderella City shopping center; and WHEREAS, the Englewood Environmental Foundation was formed to provide support for the redevelopment and enhancement of the City'• commercial environment and is a separate and distinct corporation; and WHEREAS, the City Council of the City of Englewood, Colorado supports the Englewood Environmental Foundation and Miller/Weingart.en's choice for the reaidential developer for the Cinderella City site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectioo I . The City Council of the City of Enclewood, Colorado hereby npport,a the choice of Forest City Reeidential West. Inc . u the residential developer for the Cinderella City aite by the Englewood Environmental Foundation and Miller/Weinprten. ADOPTED AND APPROVED this 17th of August, 1998. ATTEST: TbomuJ. Buma, Mayor Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City of Enpewood, Colondo, hereby certify the above is a true copy of Reeolution No .~ Seriee of 1998. - • . t2bl .. • • 0 f 'l'lvl -111110..-IL~lfflON *> 1) SERIES OF 1998 '· • • • A RESOLUTION SUPPORTING THE AUGUST 10, 1998 MASTER PLAN PROPO Y THE ENGLEWOOD ENVIRONMENTAL FOUNDATION AND MILLER/WEINGARTEN FOR THE CINDERELLA CITY SITE. WHEREAS, the Englewood Environmental Foundation was formed to relieve the burdens which would otherwise be assumed by the City of Englewood, Colorado in connection with the environmental remediation. land uae planning and preparation for development of the Cinderella City shopping center; and WHEREAS, the Englewood Environmental Foundation was formed to provide support for the redevelopment and enhancement of the City's commercial environment and ii a separate and diatinct mrporation; and WHEREAS, the City Council of the City of Englewood, Colorado supports the Muter Plan propoaed on August 10, 1998 by the Englewood Environmental Foundation and Miller/Weingart.en for the Cinderella City site from Elati Street West; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $es;tiop 1. The City Council of the City of Englewood, Colorado hereby supports the Master Plan propoaed on August 10, 1998 by the Englewood Environmental Foundation and Miller/Weingart.en for the Cinderella City site from Elati Street West. Section 2. The City does recognize that by supportinc the Muter Plan it is recommending that the Englewood Environmental Foundation and Miller/Weinprten continue negotiations with Sony Theaters and with WalMart for their iodlllion on the site. ScctiPo 3 . Thia reeolution support in no way waives or delept.ea the City'• replat.ory powers, duties and responsi bilities with reapec:t to soainc and aovernmental ..... ADOPTED AND APPROVED this 17th of Aucuat, 1998. ATTEST: Tbomu J . Burm, Mayor Louc:rishia A. Ellia, City Clerk I , Loucrishia A. Ellia, City Clerk for the City of Enclewood, Colorado , benby certify the above ii a true copy of Reeolution No._ Series of 1998. . , .. • • 0 I I • ,,, - 0 - ...J I ~rro .. - 7 90 ll s::i --· ~--~ c _: ------·- • ---· 0 Master Plan ...... , • ,- ] • . 0 t~ • ·-- • • •· • C . ...:r.. ,. .. .. ... • • ...... - • • ,, -• 0 : . • • . ___ -7.-(!JJJ 1o~tJ7~dt!L~=====66~------- __ g_ ~~:.IIL._f~~=::A---------- T. ~ /iaf::F __ . ---=-7!ut_-UL["'--:-=-------- • . _. 7 • . . . I· f • C • " - - 0 • l ... £n11lewood r.·, .I \t rro,,..,,..:I A ----• -. -=--~ --= ~:Yff-/ -rf/7r';~ /:--- ~ MhM '"/-~~-- ~~---I • I· • C ' • - Englewood c · itv CnuM,..il A,.. .. _.,._ • . - • 0 - ; . I· • C • • • ,. - . ' - 0 I • -. , -. Englewood Cit V Council Ana"..4 ... ~---11~ L ~ -_ --- I· • C ' ".'.) • " - . ' 0 I • -' . ' Englewood Citv Coun,-H "" __ ..,_ I· • . . ' • ,, . - 0 I • . • l . .. .. '" ... Englewood Citv Cnu",..;i ,. ___ ..,_ . ----r/ijr -. ~ -- --~~ /.--~----i ---@ -r-------j --= ---(9 --~-~--i , --- • . . . I. . 0 , f ,, • 0 I • • Englewood Citv Cn11",..a "---.• I I • • • 0 ' • • . 0 I • • Englewood r.itu r,... .. _ -H .. -------- ----------~~ ------- ------------ --- • ., • I· • 0 --- ' f ]- • • • • <. Englewood Citv r.--.. ~-" • _ . 1 . 2 . 3 . 4 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 17, 1998 7:30P.M. Pledge of Allegiance . ~ R~lcaft '7~ 5 . Minutes. /a. Minutes fro~e Regular City Council meeting of August 3 , 1998. ,, } : {!,l/rfP . . Schff Visito . lease limit your presentation to ten minutes .) 7 . yourp~~win~6J/~A@ rnr.lamJ•tln,ns, and Appointments . dfr~~· ~~;7~;;;3_r~fl/ 10 . Conse~- 8 . a . b . Approval of Ordinances on First Reading . Approval o~inances on Second Reading . ff PIUM nole: It you have• dl1rlnlllY and need...-,.._ or •v1ar1, ,._.. .-, .. CllY ol lllfllli•ood (7fl-2405) at ..... 41 hoWS In advanN ol WMl'I ....... nNdld. 'n.tk you. ' • I .. • • 0 , . • • • 0 • Englewood City Council Agenda August 17, 1998 Page2 c. Recommendation from the Utiliti Department to approve, by motion , the purchase of a Work Truck . Staff recommends awarding the bid to Burt Chevrolet, under the Col id process, in the amount of $69,594.00. STAFF SOURCE· art Fonda, rector of Utilities. ~,,. Recommendation from the Department of Financial Services to a(,{{love , by motion , the extension of the City's Audit Engagement with Van Schooneveld and ,,f') { ,rzl~anyfor Audit Years 1998 and 1999. STAFF SOURCE: Frank Gryglewicz, r'/-V ~ '[?"ector of Financial Services. ~ Recommendation from the Department of Parks and Recreation to approve, by lY motion , a contract for tennis court resurfacing . Staff recommends awarding the bid to the low bidder, All Seasons Tennis Courts , at a cost of $38,999.00. STAFF SOURCES: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. 11 . Regular Agenda. a . Approval of Ordinances on First Reading . i. Council Bill No. 48 • Recommendation from the Department of Neighborhood n --Tl and Business Development to adopt a Bill for an Ordinance approving the sale of '(~ V the Depot Building to the Englewood Historical Society under an installment contract . STAFF SOURC~J,!\~lm~~rector of Neighborhood and Business Development. ~ ~ ~ .. ii Bill No. 49 • Recommendatio from the Department of Parks and ecreation to adopt a bill f inance amending the current agreement with J, • .J. o Putt, Inc. ST RCES: Jerrell Black, Director of Pa~!_~~ ....1. AJHI J ~ ecrntlon Spada, Manager of GoH Operations. ~ ~ c,r•:i Id; , v b . Approval of Ordinances on Second Reading . ~ -(J:iAv,~.,. rriJ/-521: ~if)-0::,ouncil Bill No. 41 , amending Paving District 38. ~ &{ JI .55'_ ii. Council ill No . 45 , approving the sale of a property developed for Project (),J. .fF ~ ~-~;,r,ii~""'" · , ""'""""' the ,,..,.,., ""de' "'""" IPF,•,:>J~ 'i"dltloo,, ~ . L,,. ,:f .'~e Depot property from Englewood Historical Society. I/~ m_dj.. SJ.. -~n~BIJl>,#.!it, approving the exchange of City-owned real property for real / _ L 1 _ property owned by ~~wi<:~~~si_!)ltAuthority under certain terms and 6ft, (fl -~*li ~i-\ ro ll)J,l}W"' c . Resolurns and~ons. i. Recommendation from the Adm inistrative Services Department to adopt a resolution establishing employee compensation for 1999. STAF:.!'t'J:~ fl__ r; :(Jackie Meadows, Acting Co-Director of Admlnlstrattv. Servi __ -rv '7/f ', .....,._.. Please note: If you have a dlublllty and nNd awdlmy aids or NrVlcea, pleaN nollfy the City of Englewood (762-2405) at leut 48 hour• in advance of when Mt'vicH .. needed. Thank you. • ...... •· • 0 ' 2 X ]- - • • ~ . • . .. Engl-ood City Council Agenda August 17, 1998 Pagel 12. General Discussion . a . Mayor's Choice . b . a . Englewood Center Update . 14. City Attorney's Report. Adjournment. /Jlj;WJ ~. f. 3 7 ~ The following minutes were transmitted to City Council between 7/31/98-8/13/98 : • Englewood Election Commission meeting of May 13, 1998 • Englewood Cultural Arts Commission meeting of July 1, 1998 • Englewood Planning and Zoning Commission meeting of July 7 . 1998 • Englewood Liquor Licensing Authority meeting of July 8 , 1998 • Englewood Parks and Recn,ation Commission meeting of July 9, 1998 • Englewood Clean, Green and Proud Commission meeting of July 14, 1998 " - ,.. PINN nole: If you haw a Cr llaty and need...., alda • • '1w, plNN nallly .. C1J ol lllllT•ood (782-2405) at INst 41 hour9 In advance of when..,._ ......... 11-lk you. --~-------- . . ' .. • • 0 f __ I ]- • • • September 8, 1998 Regular Citv Council Meeting . ' •