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HomeMy WebLinkAbout1998-08-03 (Regular) Meeting Agenda• •. 0 - - • ... • 0 • AUGUST 3, 1998 REGULAR CITY COUNCIL MEETING ORDINANCE If, ,P, i, '¥, 54, 55, 56, 57, 58, 59 • RESOLUTION t ,'• 88, 89, 90, 91, 92, 93, 94, 95, 96 "' . •· • 0 f _ _ I - • • • • \, ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO AUGUST J, 1991 I. ca1 .. on1er The regular IIIClding oftbc Englewood City Council was called to Older by Mayor Bums Ill 7 :50 p.m. 2 . hmlcadoa The inwcation was given by Council Member Nabholz. The PlcdF of Allcgiance -led by Mayor Bums. 4 . ltellC.U Present : Absent A quorum was present. Council Members Nabholz. Ganat, Bradshaw, Habenicht, Waggoner, Bums Council Member Clapp Also praent: City Mmlqer Sears 5. M--. City A.aoraey BIOIZmaD Dq,uty Cily Cleft Calde Housing Fiauce Spocialill Grimmelt DiRaOJ ~ Neipbortlood wl Business Dcvelopmcnl DiRaOJ Black, Palb ... Reaalioa Poli'1c ()penlioM Divilioe Cllicf Vaadcnncc (a) COUNCIL Ml.Mal.a aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE 111E MINUTES OF 1111. RI.GUI.All Ml.I.TING OF .IULY 29, I ... A.yes : Council Members Nallllolz, Bradlllaw. Habellicllt. Nays: A.bllain : A.becnt : The motion carried. Waggoner, Bums None Council Mcmbcr Gamtt Council Member Clapp (b) COUNCIL MI.MHR aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE 1111. MINUTES OF 1111. SPECIAL Ml.I.TING OF .IULY 27, 1 ... A.yes : Council Members Nabholz, Ganat, Bradshaw, Habelliclll, Wagoner, Bums .i • • 0 l ] • Englewood City Council August 3 , 1998 Page2 Nays : Absent : The motion carried. 6. Scheduled Visiton lbcre were no scheduled visitors. 7. Noa-Kheduled Visiton • 0 I ~ • None Council Member Clapp a) "Robin Lenz-Salls, President and Executive Director oflhc Greater Englewood Chamber or Commen:c, reminded Council thal lhc Chamber has been actively panicipating in lhc South Broadway Steering Commillec meetings. Ms . Lenz-Salls advised lhal. because some oflhc members have expressed some concerns. the Board of Directors devised a letter, which she shared wilh Council. as follows : "Dear Council Members, 111c Greater Englewood Chamber of Commerce would like lo congratulate City Council and City staff for your progress on lhc South Broadway Plan. You have taken an idea and lhrough diligent cffon brought forward a plan ready for implementation. In regards to concepl we extend our suppon of lhc current plan. We do however have concerns wilh specifics that will need 10 be addressed to encourage panicipation and success. Our concerns are the following : Will matching funds and/or low interest loans be made available to assist participating businesses? Will present zoning and ordinances be viewed creatively to allow the plan lo be implemented as needed? Will consideration be given lo pcnnil businesses to keep landscaping funds 10 improve/change exteriors and signagc? What process will be used to review new and creative ideas which I plan ofthis magnitude n11y create? As we sec lhcsc concerns addressed we look forward to extending our full suppon.. Again, we congratulate your efforts for your progress. Rcspcctfully. Brian Y1ldidl. Chliffl1111 oflhc Board ." b) Lesler Myers. 4195 South Clartson Stn,ct, 10ld Council thal he is a llllive or Colondo. and has never expcriena,d so IIIIIIY problems in I city as he has in the 1111 tbrec years in Eaglcwood.. regarding vandalism and things or that nature. He Slltcd thal he is being hlnsscd by Code Enforccmcat Officers. lbcre have been several notices for things that did DOI have anything to do with him~- he staled. A notice was left on his door about some ICWCI' pipes that WCR llying in the alley, he aid. which lhe City left laying lhcrc. They were not C\'CII mine, he aid. They are up apillll my pntlC. he continued, but I do not ha\lC I way to l1IO\IC them. Mr. Myers IUllcd that Code Enfon:emeat aim pve llim a ticket last week . although he had a temporary pcnnil in the window. Whal he called to 8* diem._ ii , he was told he would ha\lC to lake it to coun. Some other people ill the oft"icc said she CXJUld uvc voided that ticket. he said. and saved him lhc IJOUblc or having 10 go to coun. There uc fn"C C.odc E nforcement Officers in the City or Englewood. which surprised him. he 5lid. bocaulc he feds dial is ow:r staffed. He said he sees them driving around quite I bil. 111d he "-fn,m working with odacr city councils in lhe past lhal Nonhglenn. for instance. only has one Code EnfOl"CCIDClll Off"ia:r wllo lho docs parking . Mr. Myers said he is not sure of the population raaio between the two aucs. bul he opacd IMI ,, - •. ... I· • , ]- - • • • , . . • ' <. Englewood Cily Council August 3, 1998 Pagc3 we need more police protection here than we do axle enforcement. He recalled several incidents where he has had windows broken out and it takes up to two hours for the police officer to respond to the call . He said he is looking for suggestions as to what we can do to resolve some of these problems, because there is a lot of vandalism in the Cily of Englewood. He said he would also like to know who his Cily Council Member is. Council Member Nabholz informed him that his rq,resentative is Council Member Clapp, and any of the Council Members At-Large. Mr. Myers again asked for suggestions. Mayor Bums said that, normally, we do not dialogue at this point. We have a Code Enfon:ement Advisory Committee that is in the process now , he said, because we have received feedback from the citizens that they wanted more axle enforcement. He said that, in Mr. Myers ' case, the Cily Manager can find out his particular cin:umstances and whether he has had a number of citations or contacts that are not his fault . Mayor Bums said the Cily does not go out of the way to target certain citizens, and we try to be somewhat reasonable about these things. We have an emphasis from the public on axle enforcement. As far as how this is carried out on an individual basis at an individual address, he said, they are all a little different . Certainly the Cily Manager's office oould look into your circwnstanc:a, he added, that may require some particular liCIISitivily or attention . Mayor Bums asked Police Openlions Division Chief Vandennce if he knew anything about this particular address. Mr. Vandennce responded that he did DOI, but reqllCllal tbal Mr. Myers ~ his phone number so he oould CIJlllaCl him a-10 obtain the particalars. He said he will do an inquiry and give him a written respome . Mr . Myers said there have been ICYU8I times that he has requeaed a police l'ClpolllC and they have - bothered to raum his c:alls. We 118d two vehicles with brmcn willdoM within one week al each Oilier, he said, and he spc*e to '* Clfficu who said there were approximalcly tliiny in tbal neighbortiood. Mayor Bums said ya. aould ahways Fl a response and there are IIIIDClimes CICher rmjt&y c:alls tbal bappen in ~ wllic:II aiglll delay a response, but certainly there llulld ahways be a ~ or phone call bldt. c) Mary Piper, 2929 Well Union Avenue, told Council 11111 Ilic 118d pai thea CKll a till al quaaioas -.ng die DaM:r WW Transfer Slalioa Pluned Unit De\ rlDP t wllicll llie ii_,- much concrmed .... She said • -w like to read thruugh the quelliolls. and med tbal they be alllWfflld sometu. in die -,, -f1llure. bccalllC it appears 11111 thillp aR ~ng inay fall oa this. Ms . Piper read the follcMiag: "The Community De\elopmeat Off"ICC al the City alSheridall 1181 illlonaed • tbal DalYer Walle Sysaam plaM a walle lnlllfer llalion for the pniperty jull eall al the lallc and wat al the Plane RM:r on Well Ullioe A-. Have Enalewood officials been ilMlhted willl die City al Slieridlll 's deciliOll to paail this PlalUled Unit De\elopmeat for a W1llle transfer IUlioa? How much property does Enalewood OWII in this Pluned Ullic De\rlapm~•t propcal? "'~ • • • 0 l • ]- • • • • Englewood City Council August 3, 1998 Page4 We assume an Environmcntal Impact Study has been compleled . Has the Impact Statement dctcnnincd how this sensitive environmental area will be impactcd'I Whal does the Environmcntal Impact Study propose to protect persons, property, walclWays, open space, wetlands, uadcrg,ound water sources, and the environment, per sc'/ Has the City ol Englewood provided prolCClion for its citi7.ens by pressing the City of Sheridan to provide ingral/qRa for their Heavy lndulllial Dillrict PlllUled Unit ~t, especially due to the fact dial the aarmit 'no truck' siping on West Uaioa A-.c cannot be cnforced'I The indulUial tnffic from Sheridan's cxisling industrial 111e has ahady illlpllCtCd neighboring raidenlial clitlric:U . How docs Sbcriclan plan to route 1CCC11 for their expanded heavy industrial opcrllion'I Have the citiuns living along West Union Avenue been advised as to the proposed land use and what PUD means? Why should this Englewood community alrcidy challenged by a waste transfer Slation be the rq,ository for Metro DaM:r's wasae7 1bc stench from Wasae Managcmcnt's transfer station is alrcidy bad. How will the Slcocb of more rolling gaut,agc and sewage affect the health and safety of those living nearby'/ Docs the Environmental Impact Slalcment weigh the dfect of two wastc transfer Slalioas in clolc proximity, the additional trafl"IC through nearby residential 8laS, the pollution, dua, noilc, toxic haz.ards, stench, future property devaluation and perhaps land lost to contaminatioa'I Does it oonsidcr the run-off of chemicals into the Plane River (a drinking water source and recralional waterway), and the leaching into the underground stream dial feeds the lake? Is this Planned Unit Development to be built OIi part of an old landfill'/ If IO, bas the soil been tested for radioactive particles'/ Docs the Planned Unit Dcvclopmcnt comply with all federal KU such as the Federal WllitS Pollution Act. the Clean Air Act. Rc1oun:e C-,vation ud Recovery Act. ud all odlcr applicable federal rcgulations'r' Ms . Piper said thclC questions arc ~ important to those who live in the an:a. ud in the \'Cl'Y - future, we would like to haYC this on the agenda or in a moetiag wllcR thcac -can be ......_ Council Member Bradshaw asbd wben the PUD will be going before the Sbcridan l'lallllillg aad 1.oai1t1 Commission . Ms . Piper said she docs not know . 1bc City of Sheridan jusl IOld them to Midi for the signs, which would go up on the property about two weeks in advana: ol the meeting, ud to cbect die Englewood Herald . We have been told that it has already been appnMld for the building of an office ud a warehouse, but the transfer station bas not come before them, she said. Mayor Burns advised thal IIIOll of Council has only known about this for a couple of days. He said lhll City Manager Scars intended to address this under his rcmarb later in the meeting, bul sugellOd lhll be might like to speak to it now . City Manager Scars responded that everything we know now is~ skdchy. He said be bellnl about this at the mayor/manager blakfut on Friday before lasl wa Sbcridan Manqcr Rudy YOUIII mentioned to him that there was IOIIIC plan that was being looked II by Sbcridan off"ICials. Mr. Scars said he lid up a meeting with Mr. Young last Monday to take a look at whal was happening. He lc:araal lhll . . .. •· • 0 l - ]- • Englewood City Council August 3 , 1998 Pages • 0 • their Council had approved on first rading, without even going through any other analysis, and over the objection or both the Community ~t Director and the Community Administrator, a plan for the site to include a shop and an off"K:C building. The PUD was to be forthcoming, although be did not know when. Mr. Scars said be went out to the site, which is now cleared oft', and made a,ntact with Ted Zigan, who apparently is the owner ol the site. He interjected that be a,uld give Ms. Piper his telephone number. Mr. Zigan mentioned to Mr. Scars lboul polclltially running a hydranl along the Englewood property, which is in public service along Union A-uc. and be wanted to see if tbcrc was support with the Englewood City Council .for him to do thal for fire suppression purpollCS. Mr. Scars said they got into a little bit of a discussion last Moaday night lboul that as part ol the cwlualion, but they did not go into any further delail. Mr . Scars said be called Mr. Zipn on Tuesday and told him they had not had an opportunity to talk about this in ddail, but the City of Englewood had a lot ol aina:ms about that site. In particular all the issues that Ms. Piper raised, the rdalionship to the lake, the stttam, the access onto the property, continuation or traffic enfora:mcnt issues, fire suppression. and whether or not the septic system they are proposing would work . They did not know whether a shallow well would work, because there is no water soun:c through our system that they are going to tap into or Denver 's system. Mr. Zigan said be guessed the City of Englewood is in opposition to this. He proposed to Mr. Scars that be would IIIO\'C the transfer station away from the lake ifwc would work with him with the hydrant. Mr. Scars said be did not have authority to do that, and Mr. Zigan said fine. based on that, be was going to put the transfer station next to the lake. Mr . Scars said they did not leave in a very positive relationship at that point. Subsequently, Mr. Sears said be has tried to gct in touch with Mr. Young, and be has been unable to do so. and docs not know the status of the issue in terms ol where Sheridan's Council is. He said be understands. however. that it is mncd heavy industrial, and to change that use would either be a taking of property or clown 7.0ning of property. He said it is a use by right thal they can go in there and develop that. Mr. Sears said be has instnic:ted staff' to lake a tom II all or the issues relating to fire suppression, and whether or not they are meeting the fire mdc. We have been in contact with the County, which would approve the septic system. he said, as the City would bavc to get approval from the County or health dcpartmcnt to do that. We do not have an arrangement 1h11 would encourage a water line. he added. He said all these issues have been mentioned to Rudy Young. the Sheridan City Administrator, and he encouraged Ms. Piper to bring this letter to the Sheridan City Council and inform them ol all these concerns . Mr. Sears said be is looking for the dircctioa of our Council. He said his intention is to dia:uss with Mr . Young any alternatives thal may be lomed at for thal site and then bring them back to Council. He stressed that Council is very CIOIICel1ICd abcJIII this ~- Ms. Piper said they intend to apprmcll Sheridan willl tlac CIIIClllicJa and -. but are baping for Englewood's support. because this is a IICrious sihlatioa. SIie lllied iftlley are not required to have u environmental impact statement and study clone when a scpuc system is planned next to a fishing lake. Mr. Sears said he docs not think so, as they have their own ICt of regulalions and building aJCles 1h11 tlley follow . They are an incorponted a>mmunity. so they can do thal. There are, however, a nwnber ol ooncems with the clcpanmcnt of health. and others, rcpnling the landfill and those relalions with the waterways, where they may have to get some approval . They have their own internal planning prooca, however, and they are not subject to our rules and regulations. Ms. Piper said it is her understanding thal they want to use it for all the trucu that now go to Eagle, like Summit and BFI and a ll these othcn. She asked Mr. Scan if he has asbd how they intend to gct to that property. Council Member Bradshaw staled thal she called Council Member Waldo. from Sheridan, today and chatted with him. and he basically said they have decided to pul it in, IO live with it. Ms. Bradshaw said she told him that was not aa,cplablc. She said she is going to call lOIIIC more oouncil people over there ' . . • .. ., • • 0 I - - Englewood City Council August 3, 1998 Page6 • 0 • and she ellalWllged Ms . Piper to pursue the PUD hearing. She asked Ms . Piper to call and let her know where it is, so that she can attend. Ms . Piper asked if there is anything else they can suggest for them to do in the interim. Mayor Burns said he can contact their mayor and oouncil people. Ms. Piper said once that goes in, the value of their property will be gone. She added chat, right now , the tnd traffic back on Union is bad again. Many times it is the same offenders that are doing it, people who aln:ady know they arc no1 supposed to be there. As long as there is nol a patrol car there, they will do it if they can. The police come, and they 1fY to do something about it, but two or three days, or sometimes hours later, they are right back at it again. What is this going to do to us, then, she asked. We deserve better lhan chat, and anything Council can do to help would be appreciated . Sbe said she would also appreciate getting toFther for a &IUdy on the situation. Ms. Piper asked if they would have to hook onto a sewer line. Mr. Sears said they arc saying they are going to use a septic system. Ms . Piper asked if they won't have to use a sewer line at all then. The State and the County must approve chat, Mr. Sears said, and we don't know what the regulations are at this point. We have voiced opposition to it through our staff level, but, again, this is no1 in Englewood's jurisdiction so we don't have the ability to veto, he explained. Mayor Burns and Council thanked Ms . Piper for coming. There were no communications. proclamations. or appointments. 9 . Public Heari•& No public hearing was schcdulcd before Council . 10. Con-tApda (a) Approval of Onlinanccs on First Reading There were no additional items submiued for approval on first reading. (Sec Agenda Item 11 -Regular Agenda.) (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITEMS II (I,) (i) THROUGH (ho) ON SECOND READING. (i) ORDINANCE NO. 50, SERIES OF 1998 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BE1WEEN lllE CITY OF ENGLEWOOD. COLORADO AND STEPHEN AND LORI MIU.ER FOR lllE PURPOSE OF INST ALLING A WATER MAIN JUST NOR.llf OF EAST BATES ON SOlfJ1f EMERSON snEET. (ii) ORDINANCE NO. SI , SERIES OF 1991 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER NABHOLZ) . . " -. ' ... •· • 0 , I ]- Englewood City Council August 3, 1998 Pagc7 '· • .. • • AN ORDINANCE APPROVING AN INTERGOVERNMEJ\IT AL AGREEMEJ\IT FOR MAINTENANCE OF LANDSCAPING ALONG nm SOl.TTH SAJ\ITA FE CORRIDOR BETWEEN TifE CITY OF ENGLEWOOD, COLORADO AND TifE CITY OF SHERIDAN . (iii) ORDINANCE NO. 52, SERIES OF 1998 (COUNCIL BILL NO. 43 , IN11lODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AlITHORIZlNG TIIE VACATION OF AN EIGHT FOOT UTILITY EASEMENT ON TIIE SOU11f SIDE OF LOTS I , 2 AND 3 BELLE ISLE GARDENS SUBDIVISION, 2ND FILING LOCATED AT nm SOU11fEAST CX>RNER OF WEST TUFTS A VENUE AND SOU11f WINDERMERE STREET. (iv) ORDINANCE NO. 53, SERIES OF 1998 (COUNCIL BILL NO. 44, IN11l0DUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AlITHORIZlNG TIIE VACATION OF RIGHT-OF-WAY LOCATED IN TifE 1800 BLOCK OF WEST CORNELL A VENUE AND SOUTH SHOSHONE STREET BY TifE CITY OF ENGLEWOOD , COLORADO. Vocerealts: Ayes : Nays : Absent: The motion carried. Council Members Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Bums Nooe Council Member Clapp (c) Rclolutions and Molions COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SIECONDED, TO APl'llOVE CONSENT AGENDA ITEM II (c) (I). (i) A CONnACT FOR CONSTitUCTION OF CONCRETE UTILITY 91 W111i 11IOU1T BRO'JHERS CONCRETE CONTRACTORS. INCORPORATED IN TIIE AMOUNT OF S291, 312 .25 . Ayes : Nays : Absent : The motion carried. II. ReplarApda Council Members Nabllolz. Garfflt, Bradshaw, Habenicht, Wagoner, Bums None Council Member Clapp (a) Approval al Ordinances on Fina Reading Mayor Bums llalcd lhal under A.-Item 11 (a) -have four items dull pel1aiD 10 Ille Eapwood Housing Authority , Ille HillOrical Society and the City involvia& Ille Dqlol. 8ccalllC he cbain Ille Housing Authority, Mayor Bums salcl he has been advillCd by Ille City AtlOnle)' lhal be is caaftidod ud . , .. • • 0 ,. • • • Englewood City Council August 3, 1998 Pages should abstain from voting on those items. Also, he said. Agenda Item 11 (a) (iv) is in need of some revision. This is the illSlallmcnt contract between the City and the HillOrK:a1 Society, he advised, and we have been asked by Slaff to pull that item. Mayor Bums left the dais and asked Mayor Pro Tem Habenicht to chair this portion of the meeting. (i) Housing Finance Spc:cialist Grimmcn praealed a recommendation from the Englewood Housing Aulhority to adopt a BiU for an Ordinance approving the sale or a property developed for Projecl BUILD . Ms. Grimmea advilCld that this is just a hn,wefreeping man.er requesting thal the pn,peny II m Well Oxford A-be appn,w,d ilr ale. '111c pnlject Im been compleled, she said, we have I alllllatt OIi ii and WC need to be able to clole OIi the property . The Deputy City Clerk -asked to rad COUDCil BiU No. 45 by title : COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE SALE ON THE OPEN MARKET OF A PROPERTY, WHICH WAS DEVELOPED FOR THE "BUILD" PROJECT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 45 ON FIRST READING. Ayes: Council Members Nabholz, Garrett. Bradshaw. Habenicht, Waggoner Nays: None Abstain: Mayor Bums Absent: Council Member Clapp The motion carried . (ii) Direclor SimpllOII praicntcd a recommendation from the Department or Neighborhood and Business DeYdopmcnl to adopt a Bill for an Ordinance approving the purcbuc, under certain tams and conditions, or the Depot property from the Englewood Historical Society. Mr . SimplOII asked the City AUomey if there arc any issues. City Attorney Brotzman said there is a Council question on this. Council Member Nabholz said she-W like clarification. She asked if there-1D1DC \at,iqc thal needed to be cleaned up. Mr. Brotzman said this is actually the purcbuc from the Hillarical Society and tllcrc has been no objection to this one by the HiSlorical Society or the Housing Authority. Council Member Habenicht asked for clarification as to whether she can wte on this if she is a member or the Historical Society . City Attorney Brotzman advised that she can wte. The Deputy City Cleft was asked to rad Council Bill No . 46 by title : COUNCIL BILL NO . 46 . lr-nitODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING PURCHASE, UNDER CERTAIN TERMS AND CONDmONS. OF THE DEPOT PROPERTY FROM ENGLEWOOD HISTORICAL SOCIETY . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 46 ON FIRST HADING. •, •· • 0 f - Englewood City Council August 3, 1998 Page9 '· • • • ... ,. Ayes : Nays: Council Members Nabbolz, Ganat, Bradshaw, Habenicht, Wagoner Nooe Abstain : Mayor Bums Abaenl: Council Member Clapp The motion carried. (iii) Dircdor Simpson presented a recommendation fnlm the Department of Neighborhood and Business Dewlopmcnt to adopt a Bill for an OrdiUDCC approving the exchange of City-owned real property for real prupeny owned by the Englewood Housing Authority under certain tams and Qlllditions. Mr. SilllplOII said that each one of these n:lates to -upcct of the Depot prupeny. Oac is for pwdlaK ol the lluilding. one is for the ground. and this OftC is an exchange of some ol the parking area near the Depot for compuable value properties alollg South Inca and South Acoma. he explained Rcpnting the memo Council recciwd on the back of the informatioo page, Council Member Bradshaw said, in the third paragraph. ii says "as an EHA program, Project BUILD would not be required to meet City policies, and procedures or subject 10 City ovenigh1." She asked wllll tha1 means. Mr. Simpson n:spondcd that, under Ibis panicular ammgemcnl, because wc an: using only Project BUILD funds IO acquire the Depot property, there will be no more City money and wc will not have clirca oversighl of that program any Ionser. 11 will be locally a Housing Authority program. They have made a commilment to follow similar guidelines that they have in the pas1 and continue a working relationship with us, but ii is fair IO say they do not have to. he said. The Deputy Cily Clert WIS asked to tad Council Bill No. 47 by lille: COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPER1Y FOR REAL PROPER1Y OWNED BY ENGLEWOOD HOUSING AU'JHORITY UNDER CERTAIN TERMS AND CONDmONS. COUNCIL MI.MBI.R BRADSHAW MOVI.D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (UI) -COUNCIL BILL NO. '7 ON rlltST IIUDING. Ayes : Council Mclllben Nabllolz. Gama. ........... Hallcaic:lll. W...-r Nays : None Abstain : Mayor Burm Abseal: C-ouncil Member Clapp The motion carried. Mayor Bums resumed his polilion on the dais. (iv) Council Bill No . 41 WIS pulled. (Sec .-,es 7 111d 1 .) (b) Approval ofOrdinanca on Second Rcadiag There were no additional ilems IUbmiltcd for approval on ICIOOlld radilll-(Sec A,cada llem IO - Conlcnl Agenda.) {c) Resolutions and Motions . . •. .. •· • 0 , I - • Englewood City Council August 3, 1998 Page 10 ·, • • - ... (i) Director Gryglewicz presented a recommcndalion from the Department of Financial Semas to adopt a resolution approving the appropriation of tnnsfer of funds to the Englewood Ulban Renewal Authority for lep1 services. Mr. Gryglewicz gave Council IOIIIC t.:ltground on this llllllter. He llated that. in 191S, the Authority iaucd tax inaanenl cldlt in just OYer $30 million. In June of 1991, the: Authority did not make its cldlt ICl'Yice and the: trustee deemed the bonds in default. NcMmber 26, 1997, the llllllCC filod a laMuit apinll the City, the: County and the: Authority. Unfortunaldy, be advised, the: Alllhority bas no funds of its own and is n,quesling funds from the: City to defend illdf in the: laMuit filod in NcMmber of 1997. Council Bill No. I, Series of 1913, which - appnwed February 22, 1913, provided for, not only llaffing to aailt the Authority, but al111 the: funding of lep1 services. They -. lberefme. requaling a tnnsfer of SS0,000.00 to the Authority and the: Authority will amend its own budget for tbal amount, be said . Mayor Burm ubd bow they armed at tbal figure. Mr. Gryglewicz raponded that it is just an atimate from their attorney. Mayor Bums asked if they would report back to Council as to bow much of that they spend. Mr . Gryglcwicz said they arc audited, just like the rest of the City funds. The bills arc actually looked at by City Attorney Brotzman and the Authority. Mr. Brotzman added that they arc reviewed the: same as all outside counsel . The resolution was assigned a number and read by title: RESOLtmON NO. 87 , SERIES OF 1998 A RESOLUTION FOR 11iE APPROPRJA TION AND TRANSFER OF FUNDS FROM 11IE 1998 BUDGET TO 111E ENGLEWOOD URBAN RENEW AL AU11IORITY (EURA). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)-RESOLUTION N0.17, SERIES Or 19'1. Council Member Habenicht asllcd if this in any way axnpromiscs us into anything inwl~ in this litigation. Mr. Brotzman said we are ainallly in this iaw.it ounehea ud we ~ ICpUIIC oullide OOUllld. We did review the: qrc,canem to be SUR there would llill be a lepll'llioa between EURA and die City, and having separate outside~ for EURA actually lllalglbeas dull polilion, be advilCII. Council Member Waggoner COIIIIIICIIICd that we ha\'C al111 paid -of their lep1 feel in pR\'iolll ,_... Vote-'tl: Ayes : Nays : Absent : The motion carried . 12 . Gcecral DillCIIIINIII (1 ) Mayor's Choice Council Memben Nabbolz, Gamu, Bradshaw. Habenicbt, Waggoner, Bums None Council Member Clapp (i) Mayor Bums exprcucd conocm OYer the llUlfer facility_, CenlCllnial Put. He said be looks forward lo I report from ltalr and the City Attorney iqarding all the: implic:alionl of dull 111 Council can review and determine I Olllll'IC of ac:uon . --~ \ . , ., •· • 0 - ]- • • 0 • (, Englewood City Council August 3, 1998 Page 11 (ii) Mayor Bums commented that we have been getting a lot of publicity in the last couple of days regarding the demolition of Cinderella City. There is a demolition celebration scheduled for August 18.... We have had bclicopcers hovering over the center as we came to work tonight and a lot of reports, so we are getting a lot of interest in what we are doing with that project. (iii) Mayor Bums said be has his report from the CML Conference tonight. (iv) Mayor Bums said be heard today that Denver has what they call ~early voting" in the pri11181)'. He asked ifwe have that in Englewood. Council Member Nabholz said that Arapahoe County does also, out in the 5200 block of South Federal Boulevard . (v) Mayor Bums reminded everyone that tomonow night is National Night Out. He encouraged Council to participate in that. adding that be has about six places scheduled to go in lhrcc hours. (b) Council Member's Choice (i) Council Member Nabholz: I . She asked if Code Enforcement has gotten their phones fixed yet . City Manager Sears said he spoke with Manager of Information Services Diebold regarding the phones. He said Mr. Diebold is working with U.S . West to complete those improvements and they were moving quickly ahead with that transfer. Ms. Nabholz said she has had numerous calls today and ii is real frustrating not to be able to gel a hold of Code Enforcement. 2. She said she wondered if Council would be interested in donating S2S .OO to the SK run for the Alie Bcndcz Foundation. Last year wc donaled about one or two hundred dollars to the golf tournament, she said, opining that it would be a nice gesture on the City's part to donate $25.00. 3 . She asked if we are just to go to block parties within our District, or will there be a list. Mayor Bums said be has a list. He suggalCd that she call Officer Petenoa. City Mana,er Sears said that he also received a list and he will call ()ft'"IQCI' Petenoa in the morning and sec if she will send oae to her. 4. Ms. Nabholz said she had a great Saturday at Belleview Park . There were a lot of children there and they cleaned up behind blcachcrs, she said . They all had a fun lime and ii -good IO -Ibale kids wort . (ii) Council Member Garrett : I . He said he would like to sec: a report on Denver Wac SY*1M reprding lcpl as well as political options. Not just a pure legal analysis. but other pcmible aaiom and maybe a list of pcaple we could contact . 2 . The Union truck problem is back with us. he commented . He said he would like to -what enforcement efforts we can make or have been making . 3. Mr. Garrett advised, for those who frequent the Recreation Center, they now have a cavernous carpeted area that is going to be a very nice facility for free weights as well as the machines . On the down side, wc have been missing a fourth exercise bike for allllOll a year now, and the early morning group would like to have it back. he said. . . -· •. .. .,; •· • I I Englewood City Council August 3, 1998 Page 12 • 0 • ..... Mayor Bums advised that he has asked City Manager Scars to find out ifwc ever got the $10,000.00 contribution back from Waste Management that they withheld . • • • • * (iii) Council Member Waggoner: 1. He said he was surprised that one of the earlier questions included the comment ~especially due to the fact that the current no truck signing on Wcsa Union Awnuc cannot be enforced." He asked if that was a true statement. City Attorney Brotzman said they arc talking practical rather than legal . Mr. Waggoner asked if they can't put polia: ca,s out there that arc in disguise. Council Member Nabholz agreed, adding that they need to do that on Danmouth also . City Manager Scars said that Operations Division Chief Vandcrmcc has tried to manage that issue. He asked Chief Vandcrmcc to speak about it. Chief Vandcrmcc advised that. dating back to when the restrictions were imposed, we have spent a tremendous amount of effort. assigning cars down there on a regular basis. One of the ~ is that we arc not dealing with traffic that goes through there on a regular basis. Most of them arc trucks from other counties. Certainly the construction at Belleview and Santa Fe influences it. and the traffic backs up on Santa Fe as a result of that. People stan taking short cuts . Council Member Waggoner said ifhe was a trucker and saw a polia: car sitting there, he would take another way, too . He asked ifwc can't put something out there and play some little games with them or something. Chief Vandcrmcc said, from an cnfon:icmcnt pcnpcctive, he docs not feel it bas anything to do with whether there is a patrol car there. By the time they ICC a polia: car, they arc in harms way ahcady , he advised. If they have made the tum to go eastbound on Union from Fcdcral. and we have been sitting at Decatur or Clay, once they arc there, they arc there . They can't awid the con1ac1 with the polia: at thal point. Mayor Bums said Public WOlb DiJector Eslcrty spolle about tllis previously , thal once you tuna and then ICC the sign. you can't tuna around . He asked if there is a sip thal caa be put• there tbal you cu ICC from Federal . Chief Vandcrmcc said there is not. there arc no advanald warning signs. and the Slalc bas frowned on it. He said he inquired about it earlier, and there is IOIIIClhing about the Slalc saying WC CU 't put any IIIIR signs on there to cluacr up the inlencction . Tbll is a pn,blcm. he said. in terms oCtrying 10 manage the uaffic. A truck. for example, that is southbound on Fcdcral that enters into the left tum lane to go CUlbound on Union, if he ICCS the sign, -has two choia:s to make . He can make a left turn and go into a rcstrirud area. or drive on the wrong side o( the road to try aad get back acroa the intencction and merge with southbound uaffic, he said. Chief Vandcrmcc said he has been spending quite a bit o( time down there and has not seen that as a problem . The truck drivers he has contacted genuinely do not sec the sign. arc not familiar with the area and have no idea that the restriction exists. He said he has not seen anyone he would tenn a malicious offender, someone doing it jusa to be nasty with the people who live there. Mayor Bums said he has seen signs in other municipalities that say no left tum next block . He said we really have a problem ir we can't warn anyone that they can not tuna in there. Chief Vandcrmcc agn,cd., but said he believes it is the State that a>ntrols the signqc on Federal and has said no more sign&. •. .. •· • 0 , ]- - Englewood City Council August 3, 1998 Page 13 ·, • • t• • Council Member Bradshaw asked if we can quit warning and issue tickc:ts . Chief Vandcnncc explained that tickets have been issued. He asked her to keep in mind that the issuance of a summons to someone from north Dcmier, docsn 't have any impact on someone driving a truck clown there from Douglas County . The prc8CIICC of a maned police car with its lights on. having llOppcd a truck, is the dclenent, whether a .....-is issued or not. He said he rec:eiwd a stack of about 2SO to 300 photographs from Mary Caacll, a resident on Wal Union A-..e. He aid he went through them with a magnifying glass and idcntificd-,y truck. He 11:111 them each a ldtcr, advising them or the violations and soliciting their cooperation. Chief Vandcnncc said he got calls blclt from WIiie Management, Wards, Sears and tnlCks all over the Denver area saying they wen: 11111)' and would pay attcation to that. But it is literally like changing the ooursc of a river. Council Member Nabholz recalled that, at a meeting held in June reprding the Dartmouth traffic, one of the things that was brought out was that tickets arc not issued unless they arc going nine miles over the speed limit. Letters received back indicated there were quite a few people who were upset, because that is a school zone. She said the Judge has infonncd her that if the officer writes ~school zone" on the ticket, they automatically double the fine . So if it says 30, basically they can go 40 on Dartmouth before a ticket is issued. Chief Vandcnncc responded that there is no prescribed tolerance for speeding. Many offWCB, cspecialJy when they arc working with radar, will give some latitude for the operation of the equipment, the circumstances, the attitude of the driver. and any number of points that suggest to the officer when to write a summons . Obviously, he said. our mission is YOIUDlary a,mpliancc, but they arc not compelled to write a ticket unless there is a prcYiously established ~-This might be because of a request from Council or a hazard. or whatever, where we opcraae under a no tolenmc:e policy. Speeding, by vinue of trying to prove the elements or the offense in aJWt. they generally build in 10111C latitude. Otherwise, there is nothing that says you ue not ll)ing to get a ticket unless you ue doing ten over. Council Member Nabbolz abd City Attorney 8nJlmWI if they need to do an onlinaaa: to protecl anJaDd the school 7.0IICS with ;mo tolenace. Mr. Brocmian iespoadcd that an ordinance would not be neceaary, she could jusl let Safety Services ~ and they will establish those 7.0IICS. Council Member Habcnic:hl abd if it was possible to use video to monitor the tnlCks on Wal Union Avenue. City Manager Sears responded that video enforcement is a controversial issue. He abd Chia Vandcnncc if this is uncthing they have looked al along Union A-. Chia Vandcnncc said they really haven't, but he is --or. -Stale law goycming video tJaffic enforticmenl. which he is not familiar with. He said he would be happy to research it . Mayor Burns commented that. if you can't sign Fcdcnl, you've goc a tough job. 2 . Council Member Waggoner asked if there would be an Executive Session after the meeting to discuss a property negocialion . City Attorney Brottman sugges&cd waiting one more meeting before doing that. Mayor Bums agreed that wc still need fccdback from all the presemas . Council Member Bradshaw asked if there can be an Executive Session next Monday, if the information can be ready by then. Council Member Habenicht asked if wc were talking about an Executive Session on litiplioll. City Attorney Brottman said that is what he was responding lo. Mayor Bums abd what Council Member ,. - '' .. ., • • 0 , - Englewood City Council August 3, 1998 Page 14 • • • Waggoner was referring to. Mr . Waggoner said it kind or has to do with the Union prublcm. but not quite the Union problem. The property negotiations. Mayor Bums said he thinks wc c::ould, certainly. City Managcr Scars asked Council to amsidcr having him put a letter togdhcr, that perhaps Mayor Bums could IClld to Sheridan, that would outline the 1X111CC111S that wc have. We could do this in the next a,uplc of days, be said. adding that be docs nol know how fast they an: moving on this. 11lat would then become the basis for fulurc dilCUaions, and, al the same time, WC could do-of the other discuaions rdated to the litualioo along Union and this property, and then bring that llldt to Council, he said. Mayor Bums agra,d that that was a good idea bec:aule it form a bcacbawk for cliscuslioa. City Attomcy 8IOIZlllaD said. fnlm a llafr penpect.i~. wc will allO be looking • the memo that is both mff oricneecl and lcpl, and put of ii will have Executi~ Session implications to ii. 13 . City Muqer'1 llcport (a) City Manager Scars confirmed that, if it is may with Council, he will put together a letter that he will ask Mayor Bums to send to Sheridan outlining the conccms, and then WC will 111CM: from then:. Council Member Bradshaw added that she is going to a>ntinuc to call Council members. City Managcr Scars encouraged all or Council to do that. (b) City Manager Scars said lhcn: was a conceni raiaed a a,uplc of weeks llldt about weeds in the medians on Hampden and Bcllcvicw. He ukcd Pam and Reaalioo Director Black to rcpon on that . Director Black said Open Space Manager Lee has addrcaDd the issue of the weeds along Broadway and along Bcllcvicw. There has been anolher issue regarding the weeds along Highway 215 west of Broadway. Thal is put of the new conuact we just awarded !Oday. A new CIOlllraCtor will take _. the maintcnanClC on Sanla Fe and Highway 215, he said. and he will sec that the iSIUC is addrcaDd quickly. (c) City Manager Scars cxprc-.1 ~ few the peat jab Diftdar B1ac:k is doing with the Safe Summer Program. • •••• Council Member Habcniclll aid that il is imperalM that we llave that Tri-Cities IIICldillg vay -, to addra& all wts of iaa in tcna of clcYClapmcnl wl laad -. a-a our tllnle cities. Council Member Bradshaw llrcaed that it is allO illlpCl'alM that Ncigllbomood and Busi- [)e,.dopment, in their free time. ga us the l.Olling for open apecc . City Managcr Scars said he will do a follow-up on that. 14 . City Attoraey'1 llcport City Allomcy Brotzman did not ha~ any matters to bring before Council. ••••• ,, - •, •· • 0 '-I ]- Englewood City Council August 3, 1998 Pa,elS <. • r • • Mayor Bums commented that, when you sit in the audience, it is \'el)' bard to bear. This l)'llcm IICIUDds ~ tinny, be aid, and the podium microphone is not picking up a whole lot. He said be hopes -~ a 1ta1e of" the an a,mmunications l)'llcm in the Foley ' 1 building. He added that, if you spclllk up, it helps. IS. AiljN.....C MAYOR aUllNS MOVED TO ADJOURN . The meeting adjourned at 1 :46 p.m. ~- • . .. • • 0 • 'I ]- • • ... .. • • • 0 • • - • • • ,~ . • ' <, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 3, 1998 7 :30P.M. 1 . Call to order. 7:5Dp.m · 2. Invocation . ,{)~ 3. Pledge of Allegiance . £1LVn,LJ 4 . RollCall. G,~ (afkJ-C4'f;) ,,, ~ 5 . Minutes. do-/(~) Ml"""" homthe RegoWCllyCouncil meetiog .. J,~ 20, 1~ . ~ •*1~ b . Minutes of the Special City Council meeting of July 27, 1998 . ~ Off>"&:o 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) [25' 8 . l'ioo-~~led~-· ors. (Please limit your p~ to five minutes.) ~ -ma.ry Pipe.r t.. e.sfe.r Communicati ns, roclamations, and Appointments¢' 7 . 9 . Public Hearing . (None scheduled) f11 10. Consent Agenda . a . Approval of Ordinances on First Reading . ¢' b . Approval of Ordinances on Second Reading . ~ i. Council Bill No . 40, granting a Water Line Easement at Bates and Emerson . Council Bill No . 42, approving an Intergovernmental Agreement with the City of Sheridan regarding Landscaping on South Santa Fe Drive. Council Bill No. 43 , approving the vacation of a Utility Easement In Lots 1-3, Belle Isle Gardens (2"" Filing). PINN nole: If you have• dlublllly and need auxllary aide or• '1aee, ..... nallly .. City of !nglewood (792-2405) at INat 48 hours In aclvanoe of when NrvlcN .. nNdad. 1-* you. • . •· • 0 r I ]- • 0 t• • ' Englewood City Council Agenda August 3, 1998 Page2 ~.63 iv. Council Bill No. 44, approving the vacation of a right-of-way in the 1800 block of West Cornell Avenue . c . Resolutions and Motions . /).). 9~ i. Recommendation from th:tepartment of Public Woms to approve , by motion, a contract for construction of Concrete Utility 98. Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc . in the amount of $298,382.25. STAFF SOURCE: Charles Eatarty, Director of Public Worb. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. I'~ ~(~) Council Bill No. 45 -Recommendation from the Englewood Housing Authority to adopt a Bill for an Ordinance approving the sale of a property developed for Project BUILD. STAFF SOURCES: Cheryl St. Clair, ExecJPlve DIJ99jor ~f EHA and Janet Grimmett, Housing Finance Specialist~ ii. Council Bill No. 46 -Recommendation from the Department of Neighborhood n .•• NJ '\ and Business Development to adopt a Bill for an Ordinance approving the ( ~~} purchase, under certain terms and conditions, of the Depot property from S ~ Englewood Historical Society. STAFF SOURCE1'obert~SI~'!• Director of Neighborhood and Bualneu DeV91opment. ~ iii. Council Bill No. 47 -Recommendation from the Department of Neighborhood D . .A.£) and Business Development to adopt a Bill for an Ordinance approving the ( ~~) exchange of City-<>wned real property for real property owned b~y Englewood 6 (J.Jl1-' Housing Authority under certain terms and conditions. STAFF SOURCE: b . Robert Simpson, Director of Neighborhood and Bualneu iv. 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: Robert Slmpeon, Dlreclor of Nelghbomood and Bualneu Dewlopment. Approval of Ofdinances on Second Reading.~ (p O .• :~1 ~esol=::~::~ the Depamnent of Financw Services to adopt a ~ resolution approving the appropriation and transfer of funds to the Englewood Urban Renewal Authority for legal services. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Sr.tcN. ~ • 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice . PINN noa: n you have a dlNblllly and l'INCI audlary aide or wvloN. ....... nollfy the City of 111 ... wood (712•2405) at ..... 41 hows In advance ol when NrVlces .. IINdld. Thmk ,OU. ..... • . ' ... • • • 0 '32x l • • ·, • <. ( • ·"Endlewood City Councll Agenda August 3, 1998 Page3 13. City Manager's Report . a . Englewood Center Update . 14. City Attorney's Report. Adjournment. i~t/(p The follow~nutes were transmitted to City Council between 7/17/98 • 7/30/98 : • Englewood Urban Renewal Authority annual meeting of February 4, 1998 • Englewood Housing Authority meeting of May 27, 1998 • Englewood Clean, Green and Proud Commission meeting of June 1 O, 1998 • Englewood Code Enforcement Advisory Committee meeting of June 17 , 1998 ....... nale: •,au haw a 1e tn,and llNd ....., ..... or•.1a11, ...-..., .. ca,a111•s!IOII (712-MOI) at ...... houra In ...... ., .................. ,.... ,OU. ------' . ' .. ., • • 0 • • "' - 0 • ENGLEWOOD CITY COUNCIL ENGLEWOOD, AllAPABOlt COUNTY, COLORADO JIiiy 27, .,,. All Council Members preaml liped -M ACKNOWLEDGMENT OF RECEIPT OF NOTICE" OF TifE "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." I. Call to Order The special meeting of the EngleMlod City Couacil -c:alled IO order by Mayor Bums al 6:0II p.m. Mayor Bums advised that this is a special meeting of the Englewood City Council for just one subject and they hfle signed a notice. 2. lavocalioB The invocation was given by Council Member Nabholz. 3. Pled&e of Allqluce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Council Members Nabholz, Clapp. Ganca. Bradshaw. Habenicht, Waggoner, Burns Absent: None A quorum was prescnl Also present City Manager Sears City Aaomcy Brotzman City Clerk Ellis Dira:lor Eacrty. Public Worb S. 0~ RmlutiMI MIii MllliMI (a) A resolutioa supponin& die Eqlewood ~ Foundalion's choice of a demolition coamor for the Cindcrdla City lile w Clllllidaed. City Manager Sears advised dial OudL Eslaly would be doiDg die praallllion. Mr. Sears lllled 11111 dlis is a very critical poinl in the deYclopmeat of Cindcrdla City Md dley are excited about die pnllpCCt of knocking the buildiop down shonly. He aid dlcy ieally appn,cialc die work llllt Public Worb baa done to put dlis fOFlber . Director Sears explained dllt dlcy law done die aalysis. but they are aking fur City Councirs support in the directioa tbal dley ... '° -toward die danolilion . Director Ellcrly said they took propcmll OD July 'zo* ... dlc low bidder for die CIOlllract for die bue amount, -a firm c:alled L VJ Dcmolilion . Al eo-:il'1 ....... Willa dlcy uaDlfand die ftmdl to die Englewood EIIVUOIIIIICldl FouadllioD IO pay for die caa of llirillc a danolilion CODll'aCklr, bul dley are loom& for dlil resolution to lllllrc an C--=il ii ...... die FCIIIMlliaa lO ID._•• dley ae askin& !ball to eadone birias L VJ a die tew••iol OllaWWW . 1'c 1111c W of dleir bid ia Sl,143,411 . Mr. Ellcrty advilDll dlll dley ae ..._. blct. • dlil poiat iD lime. bul dley will be implcmmi .. die ahalllllC 2. wllidl ii IO lmwe die W ....... ia place .-1 IUdl time a we dlc:ide wbedicr or DOI -are ddiailely IIJIIII IO 1111c dlll clDwa. TMre ii ... IO be a acoad IKliol dlll we ae 5 8 - • ..... . r,:\ • I l J • ·- .. • • - - . ' (. l•&h•-City c-u. Spedlll s-- .hly 27, 19'1 , .. 2 • • t• • FiD& to ~ to ay to Clpllft the fWI --m the Economic Dewlopmeat Adminilll'alioa am.. 1bat way the Clllire _. m die .-can be IIICCMled. Tbe iaolulioll -aaiped a lUllber 111d ._. by title: RESOLtmON NO . 16, SERIES OF 1991 A RESOLlTl'ION SUPPORTING nm ENGLEWOOD ENVIRONMEKl'AL FOUNDATION'S CJIOICE OF L VI ENVIRONMENl'AL SERVICES, INC. AS nm DEMOU110N eotmlACTOll POR 11E CINDEREU..A CTIY SrIE. COUNCD. MEMaER IIAIIENICBT MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITDI 5 (a)· RESOl:.IJ110N NO. 16. SERIES Or 1"'- Mayor Bums said be undcntood the fund blmfer is ,aiDg to a special acc:ount in the Colonial Bak. After conferring with Dim:tor Simp1011, Director Elterly advised lhll Ibey believe it is the Colonial Bak. Mr. Esterly explained lhal it is in a special accounl. 111d clearty kept separate from other funds. Mayor Bums noted that this is just liMlring the ldoction tbal the Foundation makes. because die City does not ~ a contract with this 01111bactor 111d -'t line ... only the Foundltioa does. Dnctor Elterly said that wu conect, the Foundation will line a conaact. But, be noted. Council, in previous clilCUllions, bu expralOd a concem tbal Ibey dida't want to aet out m touch with the activities tbal were ping cm. Council Member Habenicht said this does mean the rau m the building. the co11ap1e. the doilll away witll. the end and the beginning. Mayor Bums Slated it cel1ainly does. City Manager Sean advilcd Ibey would like. after this clilcussion, to ha-ve Pauleaa Punc:crdli talk a liale bit aboul wlult Ibey ~ planned on die I... It -clec:ided llllt Ms. Plmcerdli would speak to Coacil durin& Sludy Sellion. Ayes : CouDcil Members Nabbolz, Gama. Bndlhaw. Habeaidll. W...-,, Clapp.Buns Nays : Nolle 6 . MljN,_. MAYOR aURNS MOVED TO ADJOURN . Tbe meelin& acljounled • 6: IS p.m. " - • .. •· • 0 r r,,.. I - I. Call to Order • • I• - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seuion July :ZO, 1998 • The rqular meeting of the Englewood City Council was called to order by Mayor Bums at 7:34 p.m. 2. fllvocatioll The invocation was given by Council Member Nabholz. 3. Pledce al Allegiuce The Pledge of Allegiance was led by Mayor Bums. 4 . RollCall Present: Absent: Council Memben Nabholz. Clapp, Bradshaw, Habenicht. Wagoner, Bums Council Member Gam:tt A quorum was present Mayor Bums advised that Council Member Garrett's father passed away this morning and be has left the state to attend to that On behalf of Council, Mayor Bums off"emt their sympathies and best wishes to Mr. Garrett and his family . S. Ml11111e1 Also present: City Manager Sean City Aaomey Brotzman City Clert Ellis Director Ot-. Safely Services Director Ellaty, Public Wocb DiRldOr Giyglewicz, Finac:ial Services Acting CcH>iRCtor Meadows, Adminillralive Services DiRICIOr Simpson. Neighborhood and Business Development Engineering Manager Kahm (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THI MINUTES OF THE REGULAR MUTING OF JULY 6, 1991. Ayes: Council Memben Nabholz, Bradshaw, Waggoner, Clapp, Bums Nays: None Abstain : Council Member Habenicht Absent : Council Member Cilmu Motion carried . 6. Sclledaled Vltian There were no schcdulcd visitors. •. .. 5 Al .. •· • 0 f ? I • Englewood City Council July 20, 1998 Page 2 7. N011-tCllleduled Viliton • 0 • (a) Clara Slrogonova. 2749 South Broadway, advised that she was very disappointed in a " - judgement against her. She got a ticket, she said. for IIOl stopping at a stop line and the judge charged Ii,= $125 and he said she had lwo tickets before. Ms. Strogonova stated that the other two lickcts were unjustified. unfair. lying ... the police were lying in the tickets ... and she was charged and she paid. She ;:aid she wanted to invite the television. Tom Manino, and see how they arrest her if she doesn't pay the previous lickcts. She IIOlCd lhal the ticket before was written by the Englewood police. She staled she stopped her car between lines on Danmouth in the bus stop on the right side of lhe walk. Because she got a spasm in her leg, she came out, pused the light without interfering with any traffic, between the light and the bus stop ... she had to straighlen her leg and the police stopped her and lold her lo go into the Walgreen's parking lot. Ms . Strogonova advised it took him half an hour to give her a tickcl because he could not find. in the book. how to write the ticket. So, she mainlained. he wrote a lie that she stopped on a second line of the traffic and then she was charged $51 ... for whal ... for nothing. This was the second ticket. The fint ticket she was going on Yale hUning left, the light was green in the left line and she was forced in the lin,e. so she followed the cars and all of a sudden the left line changed for the green lighl to go across traffic. She said she stopped in the middle of the intersection waiting until the traffic. across, passing by and sh.: would go left. She said she did wait. bul the last car was passing already on ycl low ... and the ycllow immediately bccamc red. so she finished her inlcrscction on red of course. lnunediatcly the police stopped her and lold her she turned left on red. Ms . Strogonova told the police yes she turned left bcnluse she ~as waiting for the traffic and he pvc her a ticket for $75. She said can you imagine and Ibis is the trulh, tlu.s is justice? All of the society of America bccamc sick. mentally distwbed people because of this unjustmcnt. She advised she loaded her car and took a donatioo for the dogs and calS 10 the shop on Coifa."1; and she Slopped. she did IIOl pul the emergency light on. She told the shop thal she broughl a donation to sell for the dogs and calS and while she was talking with the man that sold the merchandise, they gave he:-a ticket for llql, she did IIOl put a dime in the meter. No compassion. no understanding ... nothing. She a.s..ed wbcrc this is going ... where is the money going ... who is cxtonion and for whal. Do you need to build a cily hall from money lhal you extort from people, what is going oo? Is ii for the solidily of the govcrnmenl? She said she docs DOC know. she wants to know. where is her money going? If she is guilr:,. yes she did DOC IIOp on the IIOp line, this is the INth and she explained why ... because she was slowly approacbing the inlcncclion and in front of her was a car and she just turned left ... ii was a quancr to eleven in the morning ... no lllllf'1t ... no pedcslrians ... and she was slowly ... she lurned lcft ... and she was c:oatinuiDg to go ... she did not IIOp and dlll was the 11111h. She did DOt stop dead. she just COlllinucd at maybe five miles per hour and the police came . Ms. S&rogonova said she asked them to plcue DOC give ::ier a lickct. pleuc DOC give her a tickc(_ She IIMCd we do aot have lolennl police. She said she came to the attorney and said she did not stop. this is the INh. but there was no traffic, no pedestrian. she did not do anything to make ii dangerous. So. he gave me one point. so she came to the judge and explained to him. Ibis is my situation and yes I did DOC llql, thll is the truth and she charged me $121 . This is no judgemc:L she said. Ibis is IIOl right. you cannot punish me so bad. She told them she has a complainl lboul this judgement She was 1old she nccdcd an attorney, after $12S she needs an anomcy . She askcd if Counc-J can imagine that? She said she doesn't have the $12S and she needs an attorney to protest the Sl2S. She said she asked where she should go and was lOld she should go 10 municipal coon . Ms. Strogooova saic she asked for a 1clcphonc number and an address and they did not know the telephone number, the addr:ss or anything. She complained thll she would have to spend $2000 to fighl the $12S. Mayor Bums explained that our judge in Ibis c:ommunily is elected and thal is a sepallllC branch of the Englewood govenuncnl . He said they have a full staff and phones over there and we don't control wha! :he judge docs. Ms . Strogonova asked why the coun docs DOC have the exact address and 1elcphooc number of that appe:il place . Mayor Bums ucd that they cenainly do. She asked whal they arc doing over there, what are ~ doing in the coun. if they don't know the address and telephone of the higher coun of appeal, bow come •• .... •· • 0 , - Englewood City Council July 20, J 998 Pagel • • • ,,,_ t~ they don't know. Mayor Burns advised that they do, he assured her that they do. Ms. Strogonova Sl.a.:.cd that they don't they asked each other if they knew they address. She asked what kind of administr:icv e do they ha\'e in the coun and they suggest that she spend anodler few hwxlred dollars to fight the S 125 She said thank you very much for this suggestion. but she does not have $125 to spend . Plus. she said. s.':.c bas also complained about the police, they have to have a little bit of compassion for the people. not eve:-:, bod; is criminal. not everybody is bad people. some of them are nice people. So they made a mistake. S.: :ne people are hard working and earn their money the hard way with sweat and blood. She said she wax:~ to find the ttuth with the district attorney, even find the truth with the district attorney ... she could not g::i froc. them the truth ... from the police. Ms. Strogonova advised that she has driven for 55 years. has an international license, is 70 years old and she knows how to follow the rules. If she is wrong. she is ,. 700g. but, she said, please don't lie, tell the truth and she will pay for UUlh ... reasonable. Mayor Bums thanked her for coming and told her he was sony she was so upset. Ms. Strogonova s;;.;.d she hoped he would give a message to the right people and she hoped they would have consideration for :xher people next time, because it has gotten out of hand already. So many people arc mentally and psychologically distwbed in this country, she said. because of this unjustice of the police and unjust,=: of the judges and unjustice of the taxpayers ... all the paperwork makes people crazy in this country . 11:=c ha:: to be an end to this, we want to be healthy. She stated she does not have medical insurance, because ibe can't afford this. and she said. you make me the mentally disturbed person I am. She said she know,; :.his whole public is sympathetic with her words and people are fed up with these decisions of yours. (b) An Emison advised that he presented an issue to Council two weeks ago and he jt.:..."' wanted to come and report that be has not heard back yet. Tonight however. he said. he spoke to Ha.. --old Stitt. the staff' person, and it appean to be an issue with utilities and just approving the final draft. E e: stated he is hopeful that at some point be will be able to resolve the issue, may be meet with Council ~ = some of the clctails. But mainly, be said, he just wanted to rcpon that he has not had a response in th: n.·o weeks since the last meeting. Mayor Bums said thal if he lalked to Mr. Stitt then he probably had the latest informaaion. Mr. Emi..,m saac that. yes. be did. 8 . (a) A proclamation clccwing August 4, 1998 as National Night Out was considered. COUNCll.. MEMBER 81lADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING AUGUST 4, 1991 AS NATIONAL NIGHT OUT. Ayes: Council Members Nabholz, Bradshaw. HabenichL Waggoner. C..app . Burns Nay s : None Absent : Council Member Oam:tt Motion carried. Mayor Bums said that. as they all know , our Neighborhood W11eh Program really turns out people f :,r National Night Out for dilferent gatherings all around the City. He noted that all of Council is schec.lied JC SC\'eral places thal e\'ening and he encouraged everybody to be very active and panicipate in Natioa:;J Night Out Mayor Bums presented the pmc:INPl!ion to Director OI-. Mr. oi-thanked Council very much :·or t1us and noted that C\·cry one who pmtic:ipllCIII realil.a whit a big event this is. It has really grown from 1 ~ small e\'cnt to the size it is righl now and. as they know, we have received national recognition for ti:!s. Sc. he said. be thinks it speaks very highl y or Ensiewc,oct and die mmlbcr ol people that are out there . r=~ encouraged them to get out and llllke it around and noted lhat. without a cloubc. they cannot make ii l1'0UIIC ..... • . .. I . • 0 , 2 - • Englewood City C1M1ncil July 20, 1998 Pace4 • • • ,, - t• to aU the different locations that arc holding .-,ics. Bul he said. they uy to get somebody as • rcprcsenWM or the City~ IO in IOIIIC rubion he and Nancy Peterson will be linking upto hopefully get somebody to all of these parties . But. he aid, it is just nic:c to have Council there just for • rew min.US. if" nothing dse. to show their suppon for them. Director Olson thanked Council and said ~- ~ it 9. hlllic Hearl•& No public hearing was scheduled before Council. 10 . C-tApda <•> Approval or Ordinances on Finl Reading COUNCU.. MEMBER NABROLZ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Iii) ud (Iv) ON FIRST READING. (i) COUNCIL Bill NO. 40. ll'ITRODUCED BY COUNCIL MEMBER NABHOLZ A Bill FOR AN ORDINANCE AUllK)RIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND Slcl'HEN AND LORI MILLER FOR THE PURPOSE OF INST ALI.ING A WA'IB MAIN JUST NORlli OF EAST BA TES ON SOUTii EMERSON STREET. (ii) COUNCIL Bill NO. 42, ll'ITRODUCED BY COUNCIL MEMBER NABHOLZ A Bill FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOU1li SANT A FE CORRIDOR BtrrWED; THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN . (iii) COUNCIL Bill NO. 43, INTRODUCED BY COUNCIL MEMBER NABHOLZ A Bill FOR AN ORDINANCE Al1J1IOIUZING THE VACATION OF AN EIGHT FOOT trrn.In' EASEMENT ON 1llE SOIJllf SIDE OF LOTS I, 2 AND 3 BEllE ISLE GARDENS SUBDIVISIOS . zND FILING LOCATED AT THE SOU11IEAST CORNER OF WEST l1JfTS A VENUE AND SOL TII WINDERMERE STREET. (iv) COUNCIL Bill NO . 44 , INTRODUCED BY COUNCIL MEMBER NABHOLZ A Bill FOR AN ORDINANCE Al1J1IOIUZING THE VACATION OF RIGHT-OF-WAY LOCATED IN THE IIOO BLOCK OF WEST CORNELL A VENUE AND SOU1li SHOSHONE STREET BY TiiE CITY OF ENGLEWOOD. COLORADO . Ayes: Nays: Ablcnt: Motion canied. c-il Mclllben Nallllolz. Bradshaw, Hlbcaidll. Wagoacr, Clapp. .... NoM Coacil Malbcr Olrftll • . .. • • 0 I I - • • . ' Eapewoocl City Council July 20, 1998 Page!! • 0 I • - (b) Approval of Ordinances on Second Reading "' - - COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i), (ii), (ii), (iv), (v) aod (,i) ON SECOND READING. (i) ORDINANCE NO . 42. SERIES OF 1998 (COUNCIL BILL NO . 33. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BE1WEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND lliROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3, 1998 . (ii) ORDINANCE NO. 43, SERIES OF 1998 (COUNCIL BILL NO . 3~. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AMENDING TITLE I, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO MUNICIPAL ELECTIONS. (iii) ORDINANCE NO . 44, SERIES OF 1998 (COUNCIL BILL NO . 35. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE OTY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD A!vfE~TI SECTION 110 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO BOND SALES LIMITATIONS FOR THE CITY OF ENGLEWOOD. COLORADO. (iv) ORDINANCE NO . 45, SERIES OF 1998 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE SUBMilTING TO A VOTE OF THE REGISTERED ELECTORS OF THE OTY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD AMENDING SECTl01' ~ OF THE ENGLEWOOD HOME RULE CHARTER WHICH WOULD CHANGE THE TIME PERIOD FOR SUBMITI1NG INITIATIVE PETITIONS PRIOR TO AN ELECTION FROM SIXTY DA VS TO NINETY DAYS . (v) ORDINANCE NO. 46. SERIES OF 1998 (COUNCIL BILL NO . 38, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlliliORJZING THE TRANSFER OF PROPERTY KNOWN AS CINDERELLA CITY BY THE CITY OF ENGLEWOOD. COLORADO TO THE ENGLEWOOD ENVIRONME~1 AL FOUNDATION . (n) ORDINANCE NO. 47, SERIES OF 1998 (COUNCIL BILL NO . 39. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AlliliORJZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HA.,lPDEN A VENUE TO BE USED BY THE ENGLEWOOD NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARlMEt,(J' AS A BUSINESS DEVELOPMENT FIELD OFFICE . ., I . • 0 , - • Englewood City Council July 20, 1998 Page6 Vote results: Ayes : Nays : Absent : Motion carried. 0 • Council Members Nabholz. Bradshaw, HabenichL Waggoner. Clapp. Bums None Council Member Garrell (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I), (Ii) and (iii). (i) PURCHASE OF A SAND AND SALT STORAGE STRUCTURE FROM DOME CORPORATION OF AMERICA IN 11IB AMOUNT OF $74,47S .OO (ii) CONTRACT WITH MUNICIPAL CODE CORPORATION FOR CODIFICATION SERVICES . (iii) CONTRACT WITH SCHULTZ INDUSTRIES , INC. IN THE AMOUNT OF $S4,6S0.00 FOR LANDSCAPE MAINTENANCE AT SOUTH SANTA FE DRJVE AND HAMPDEN AVENUE Vote results: Ayes : Nays : Absent: Motion carried. 11. Rqular Apda Council Members Nabholz. Bradshaw. HabenichL Waggoner. Clapp. Bums None Council Member Garrell (a) Approval olOrdinances on Fint Reading (i) Director Esaerty presented a recommendation from the Depanmcnt of Public Worn to adopt a bill for an ordinance amending Paving District 38 and to set a public hearing on this issue for Augusa 17 . 1998. He aiMICICI they arc fflqUCSling Council approve the ordinance. which amends by re- creating and re<Slablishing Paving Dillrict No . 38. They recently took bids for this project, on June 18•, and the prices were much higher than estimlled. panicularly in the area of concrete. he said. Pan of thal is attributed to hea")' consuuction pressure in the area and the other pan is that there has been a significant jump in concrete wlit prices, and they have seen that in the bids . Basically, he said. that has resulted in a situation where the assessments would not l'CCO\·er the funds thal would be expended on the project. Mr. Esterl y advised that they arc recommending Council set a public hearing on the ordinance for Monday. August 17"'. He explained that would facililale getting the consuuction stancd this year. in 1998. and would also take advantage of the bid process from June . beausc the CXllltnlelOr has agreed to maintain his prices if we can get back to him and tell him thal we arc prepared to give him a notice to proceed. Director Esterly stated that they arc asking Council to vary from their normal procedure, so they can save a few weeks in construction time, and go ahead and lppl'O\·e , on the I,..., if they so chose. the re-creation . The financial impact is outlined under that section. he said. One ol the thinp thal is of significant note. he advised. is thaL aside from jusa the concrete prices. they arc llking for an additional appropriation of $210.000 of City funds. PlF Funds. to go into the project 111d thal is llrFIY for the City's ponion of concrete in the project . However. he poinled out. the bulk ol tlat. 111111111 S 150,000, is for aorm sewer work that we had undercslillllled when we 111d oripl) dc\-doped the project . He said he would be glad to answer any questions. • •. I· • 0 -' ['fit , ]- • • • En&lewood City Council July 20, 1998 Page 7 • 0 - Mayor Bums said the two issues arc the maascd IXISI of COIICl'CIC 111d the aorm scwc:r wort. Dircc-..or Esterly advised that one is the increased IXISI ol the adjullmcnl IO die assessments and the other is the additional funding for the City portion of the project dlll does involve the storm sewer. Council Member Habcnichl asked if this includes some widening ol Tufts down that hill as it approa,;:ics. She asked if that is pan of that. She said she lalow5 there is some conocrn in the neighborhood in terms ::f truck traffic. Director Esterly said he is not sure 11111 widening is the right terminology. 1bcre is an addition of curb, gutter and sidewalk and it is going to a Slandard section. Ms. Habenicht asked if that :s that small area that had been annexed into the City. Mr. Esterly said he c:ouldn~ answer that question. Council Member Habenicht noted that there is some real concern, as we do that kind of sm:ct imprcr, e:ne:n: along Tufts Avenue. in terms of both the schools. Chenclyn and Clayton. and malting SUR that there !S 1 control of truck traffic there. Director Esterly stated that the controls that are in place to deal with tru.:it traffic, which we believe is thoroughly controlled right now. had to do with the intersection and the ;-.ll":l return portions that are in place and that the State Highway Department did to our design standards. r11S new section of Tufts would basically match the cross section that is out there at the intersection. that's created at the intersection. So. Council Member Bradshaw said it is not getting any larger. Director Esterly explained that for the sections funher back. the pavement would be widened. He said he couldn't tell them how much the:, -a.CUUli be widened, but they can sec exactly how wide it would be if they would look at what the width of th: intersection looks like. Council Member Habenicht said that. when they have talked about this over the years ... ten years ago. =!!!m years ago. six years ago ... there was some concern on the pan of the neighborhood tl1ere, that there be s.imi: sort of additional treatment that might make that less attractive for the trucks. Very similarly to wb:u ::as been done to protect the north end neighborhood from the Cinderella City development. Whether it be some sort of median or something. Director Esterly said he was not SUR what similar things she was looking for buL basically, the treatmcnL having to do with the geometry of the intersection and the racius of the curb l'ClW1IS thal arc allady in place • the inlencction. are the control measures that we sec pumnlf in place there. He advised that wc are not envisioning any additional control measures. like an island m ~ middle of the SIJcct to dircowage that turning movement. Council Member Habenicht said she would guess that is what she is asking about. Mr. Esterly said we were not planning that at this time and he -a.-:is not SUR a need for it has been identified . If there is a need to control that kind of traffic we can addr.:ss .L he advised. but we haven~ rcccntl) been l1lldc aware that truck traffic taking that route is a problem. r.c stated thaL if the work that wc do starts to encourage that. then we can address it. Council Member Habcnichl said she docs not think it is righl now. but sbe !hims there is some c:ona:rn thal the improvements thal arc being looked at could cxacatJatc a problem thal bas been there in the past. C cunci Member Bradshaw Slaled that she though& part o( the reason there was a problem there. in the past. ... 35 when Tufts went all the way to Santa Fe. She said she was lillR: that was the traffic conocm they ... c:-: ·:e:: worried about. Now with thal CW\·e in it. she felt it dircowages traffic a loc in that area. Director Esaerly stated that. logically. there is no •tlllClor to make a truck Iha& is driving down the tru.:it route. want to take that route . 'There is no reason a truck would want to do that Council Member Habenicht said that she Wlderslands that. She just ~ s there is some concern and she thought she would express it and make lillR: that is being looked at. Council Member Waggoner asked City Attorney Brotzmll'I if he looked 11 this and this is the proper ... ~. "tr go about this. Mr. Brotzman advised that both he and our bond counsel have approved that and this lS :he proper way to change that .. •· • 0 , • Ea glewood Cit~· Council July 20, 1998 Pace8 • 0 • The City Clerk was asked to n:ad Council Bill No . 41 by title : COUNCil.. BILL NO . 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll..L FOR AN ORDINANCE AMENDING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD . COWRADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING , CURB , GUTTER, SIDEWALi(, AND STORM DRAINAGE IMPROVEMENTS , TOGETHER Willi NECESSARY INCIDENTALS ; AND SETTING FORTI{ OTHER DETAILS IN CONNECTION Will{ THE DISTRICT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 41 ON FIRST READING. Motion carried. Ayes : Council Members Nabholz, Bradshaw , Habenicht, Waggoner, aapp, Bums Nays : None Absent : Council Member Garrett COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON COUNCIL Bll..L NO. 41 fOR AUGUST 17, 1991. Motion carried. Ayes : Council Members Nabholz, Bradshaw . Habenicht. Waggoner, Clapp, Bums Nays : None Absent: Council Member Garren (b) Approval of Ordinances on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (I) AND (II) ON SECOND READING. (i) ORDINANCE NO . 48, SERIES OF 1998 (COUNCIL BILL NO . 29. INTRODUCED BY COUNCil.. MEMBER BRADSHAW) AN ORDINANCE AMENDING TmE 16, OF THE ENGLEWOOD MUNICIPAL CODE 198S WI1ll THE ADDmON OF A NEW Tl11.E 16, CHAPTER S, SECTION 29 , ENTITLED TELECOMMUNJCA TIONS ANTENNAE AND TOWERS WHICH ESTABLISHES ST AND ARDS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS AND THE INSTALLATION OF RELATED FACil..mES AND MOVING Tm.E 16, CHAPTER 4, SECTION 21 TO Tl1LE 16, CHAPTERS, SECTION 30. ENTl1l.ED SATELLl1c DISH ANTENNAE IN THE CITY OF ENGLEWOOD . COLORAOO . (i i) ORDINAN CE NO . 49 , SERIES OF 1998 (COUNCIL BILL NO . 30. INTROD UCED BY COUNC il.. MEMBER BRADSHAW) AN ORDINANCE ENACTING A NEW Trn.E S. CHAPTER 27, OF THE E NGLEWOOD MUNICIPAL CODE 198S EllfllTLED TELECOMMUNICATION FACILmES AND TOWERS . Voce raultt: Ayes : Nays : Absent: . ..... Couacil Members Nabholz. Bradshaw . Habenicht. Wagoner, Clapp, Bums None Council Member Garrett • .. •· • 0 , ] Engle1'·ood City Council July 20, 1998 Page9 Motion carried . • 0 • (c) Resolutions and Motions •• (i) Dim:tor Gryglewicz presented a recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation of $6,488,000 and transfer of funds from the Capital Projcds Fund and General Fund to the Englewood Environmental Foundation for an accelerated site preparation plan, including environmental remediation. demolition. fill materials.. and the construction of Inca North. He said this resolution would move $6,488,000 to the Englewood Environmental Foundation for the Cinderella City site preparation, which includes fill material . demolition, construction of Inca Nonh and additional holding costs, which arc the costs incurred by the Foundation for the next six months . He advised that the monies arc coming from the General Fund unappropriated. unrestricted fund balance, the Public Improvement Fund and the Capital Projects Fund for this a=leratcd plan. The resolution was assigned a nwnber and read by title: RESOLUTION NO . 81, SERIES OF 1998 A RESOLUTION FOR TiiE APPROPRIATION AND TRANSFER OF FUNDS FROM TiiE 1998 BUDGET TO TiiE ENGLEWOOD ENVIRONMENT AL FOUNDATION FOR AN ACCELER-~ TID CINDERELLA CITY SITE PREPARATION PLAN . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPRO\ 'E AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 81, SERIES OF 1998. Ayes : Council Members Nabholz. Bradshaw, Habenicht. Waggoner. Clapp. Burns Nays: None Absent: Council Member Garrett Motion carried. (ii) Dim:tor Gryglewicz prcscnled a recommendation from the Department of Financial Services to adopt a resolution establishing fees for Telecommunication Facilities Licenses under Title 5. Chapter 27 of the Englewood Municipal Code . He advised that this was read on second n:ading on 11 (b) (ii) and in Title 5, Chapter I it requires Council to set the fees for licenses by resolution and that is what this resolution docs. It sets the initial fees for the tower• $200. the initial facility license fee ar SIOO and an annual renewal ofS25. The resolution was assigned a number and read by title : RESOLUTION NO . 82, SERIES OF 1998 A RESOLUTION ESTABLISHING FEES FOR TELECOMMUNICATIONS FACILITIES ASD TOWERS LICENSES UNDER TITLE 5, CHAPTER 27. OF TiiE ENGLEWOOD MUNlCIPAL CODE 1985 . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPRO\ 'E AGENDA ITEM 11 (c) (Ii)· RESOLUTION NO. 12, SERIES OF 1"8. Ayes : Council Members Nabholz. Bradshaw . Habenicht. Waggoner. Clapp. Burns Nays : None Absent : Council Member Garrett Mouon carried. ... •· • 0 - • • • Englrwood Cily Council July 20, 1998 Page 10 • 0 , . • (iii) Acting Co-Direccor Meadows presented a recommendation from the Dcpanmcnt of Administrative Services to adopl a resolulion approving the Collective Bargaining Agreement between the City of Englewood and the Englewood Employees Association for 1999, 2000 and 2001. She advised that significanl changes 10 this cootracl would include a 3'1. increase for the years 1999 and 2000 and a salary for 200 I wiU be ncgolialed in 2000. Under Aniclc 12, of page 8, there is change in the wording of the last scntcocc, to read "personal leave shall be prorated for employees beginning and terminating employment with the City during the November I, Occobcr 31 time period.• Ms. Meadows explained that the previous contrael indicated the time period is during the calendar year and this was a clarification of when the actual personnel leave would be paid to the employees. Under Anicle 33, and she said. this is actually a new article which CSlablishcs a Labor Management Committee. The Labor Management Commincc would consisc of four members appointed by the Union and four members appointed by the City . They shall meet on a quanerly basis and wiU deal only with group issues that arc not dealt with through exiSliog committees or grievance procedures . The Union will send it's agenda items to the Adminisuative Services Direccor al least one week prior to the day of the quancrly meeting. She asked if Council had any questions. Good job. Council Member Bradshaw said. Ms. Meadows thanked her . The resolution was assigned a nwnbcr and read by title : RESOLlITION NO . 83 , SERIES OF 1998 A RESOLlITION Al.ITHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I. 199911iROUGH DECEMBER 31. 2001. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c:) {iii) -RESOLUTION N0.13, SERJES OF 19911. Ayes : Council Members Nabholz. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Absent : Council Member Garrett Motion tarried. (iv) Director Simpson pcescnted a recommendation from the Dcpanmenc of Neighborhood and Business Dc\"Cloprncnl to adopl a resolution authorizing the City Manager 10 execute an application for funding under the U.S. Economic Development Administration Title IX Adjusunent Assistance Granc . Mr. Simpson said they arc requesting that the City Council provide authorization for the City Manager 10 appl y for the Economic Development Administration Granc . He noted this is kind of a confusing proa:ss. II is alw-ays fucinaling 10 wort with the Federal govenuncnt . He advised they applied for the grant previous! y. 10 go through kind of a pre-selection process and they ha,·e achiC\'ed that pre- selection process and it looks like we will be gccting our grant that we reques1cd for $800,000. But now , be said. we have 10 fonnally apply for thal and ii wiU be in a very fast tum around time. As our primary rcprcscniative , he said . Mr. Sean would be available to sign on that grant and applying for it. Then ,.e ,.;n go through the formal application and sec whclhcr we receive that . Director Simpson advised that the probability of receiving the grant. II this poi111 . is extremely strong. But. he commented. he doesn't want to count our chickens until we have the money in hand. The resolulion was assigned a nwnbcr and read by title : RESOLlITION NO 84, SERJES OF 1998 • ,,, - I· • 0 , rr,~ .. • t • , Englewood City Council July 20, 1998 Page 11 • 0 - A RESOLUTION AUTIIORIZING THE CITY OF ENGLEWOOD. COLORADO TO FILE AN APPLICATION WITH THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATIOI'• TITLE IX ECONOMIC ADJUSTMENT ASSISTANCE GRANT TO FUND ASSISTANCE TO DEMOLISH A PORTION OF THE CONCRETE PARKING STRUCfURE ON THE CINDERELLA CITY SITE. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iv) -RESOLUTION NO. IU, SERIES OF 1998. Council Member Habenicht said thaL since we don't have any fonnal development agreements. or an~· ;:;u;;b thing ... and she knew we were talking about a potential tenant at the site or somebody coming into the site ... she asked if this is in any way tacitly pre-approving something that hasn't come through both our Planning and Zoning Commission and any development agreement. or what have you. that we have. Director Simpson said he was a little confused. that this is a resolution that is only dealing with the Economic Development Administration. 1lle EDA people had set a few conditions upon this grant. Cne of those conditions was that we have compliance from any potential tenants that might be on site and the:: talked to them about those potential retailers that would be coming. One of those potentials. he said. ._.,::1uid be Wal-Man and they had some concerns that in the past Wal-Man hasn't always shown a willingness. Jvir. Simpson advised we have been working with Wal-Man very closely and Wal-Man has given evel)1hln~ from a paper standpoint, all their compliance papers and that was sufficient to the Economic Dcvelopme:n: Administration to be able to move forward to grant us this money. Council Member Habenicht said she would like to ask the City Attorney if he would verify that we are:r-. 1n any way committing owsclves or the City or making us in any way more liable to any kind of possible promise or intentive promise of doing something by voting for this. City Attorney Brotzman advised :lJ.a: what they are allowing is the City Manager to sign off on this application. This will come back to Cir;· Council for fonnal approval in an ordinance formal in the future. Council is not, he stated. pre-appn,,::m; anything al this point. And. Council Member Habenicht asked. if anything ever happens, this is not some son of breach of promise kind of thing or an)1hing like that. City Attorney Brotzman advised that you can twn the mone- down. City Manager Scars asked. jUSl to follow up on that. since Wal-Man did comply with wooong with thc:n on this and basically EDA is -hat relying on that information given to them. in terms of the tenam mix and then being potential pany there. that if they don't come to the site. docs the EDA Grant go av;;i,· or docs it depend on the tenant mix al that time . Director Simpson stated that it would depend on the tenanr. mix al the time . of course . He explained that the way the EDA Grant is essentially conditioned is that :r is tied to jobs. And what they like to do is they grant money based on the number of jobs that are coming -ir a propcny . In thi s particular case. he said. we count jobs for each retailer or an office and that kind of direction. So. he achised. they had talked to them about the preliminary mix of tenants and those. at the time. were Son~· and Wal-Mart. He noted that, as he said before, Wal-Mart created some le\'el of co=. wi th the Econonuc Dc\·elopmcnt Adminillnllion and we have addressed all those concerns ... Wal-Mm JllS actuall)' addressed those concerns, adequately enough. for us to move formall y into this process "'ith t.be Economic Development Adminillnlion. and it docs not commit us . He said he thought it was a real positive sign that Wal-Mart was willing to do this. because it is not something tliey have do to. So. Cc um::il Member Habenic ht said. that could have stood in the way of getting this money . Director Simpson aa,."'.!Zd thal they could ha,·e stood in the way and we would have lost $800,000 had Wal-Mart not been ll'illinii "tr agree and so he would tell her that she should view it positively on Ilic pan of Wal-Man. Council Me:ru:>er Habenicht said okay. Vote rault1: · . _ . tr,~ .. •· • C f ]- Englewood City Council July 20, 1998 Page 12 • 0 I • - Ayes : Council Members Nabhol z. Bradshaw, Habenicht Waggoner. Clapp, Burns Nays : None Absent : Council Member Garrett Motion carried. Director Simpson advised that he would keep Council informed as they receive word that we get the grant (v) A resolution recommending the appointment of Shawn Leonard to the Englewood Housing Authority was considered. Mayor Bums said that speaking as a member of the Housing Authority, he can advised that Mr. Leonard came to the last meeting of the Authority that was held on July B"'. It was actually the June meeting, but because of lack of a quorum, it was held on July 8"'. He made a very good appearance and the Housing Authority unanimously approved him . Mayor Bums noted that he knows that legally they don't have to do that. but they were quite pleased with him and recommended that the Council recommend that he be appointed. · Council Member Habenicht asked if this is a mayoral appoinunent not a Council appointment. Mayor Bums said it is, that as he undcrslands it it is after recommendation by Council . So a recommendation of Council is the conect procedure. So this resolution. Mayor Burns said. recommends the appointment. The resolution was assigned a number and read by title : RESOLUTION NO. 8S . SERIES OF 1998 A RESOLUTION RECOMMENDING 11iE APPOINTidE!IIT OF SHAWN LEONARD TO 1llE HOUSING AUTHORITY FOR 11iE CITY OF ENGLEWOOD. COLORADO. COUNCll. MEMBER WAGGONER MOVED TO APPROVE AGENDA ITEM 11 (c) (v) - RESOLUTION NO. IS, SEllUS Of 19'1. MAYOR IURNS SECONDED 1111: MOTION. Council Member Bradshaw said she would like to have some discussion on this. She advised that she is still having some trouble with coaflictedncss and she thought they were working through it and she appreciated everyone listening while she worked through it. But. she asked. why is Council inlcrvicwing candidalcs if they need to go through the Housing Authority . She said that is where she gctS confused. Then they remand it back to the Housing AIOOrity to say this is the person we want in our group and tbcn it comes back to Council . Ms . Bradshaw commented that that just seems confusing to her. Mayor Bums said. to give some hiSlOly on this. that be thought this staned with Jim Taylor back in the 70's. The Housing Authority asked. if there was a candidale that the Mayor was going to appoint. could they sit down with the Mayor and talk lboul who it was and so fonh and see what their background was. Mayor Bums stated it was a COUJ1CSy was all it -and that is all it really is today. He doesn't ha,'C to come to the Housing Authority meeting • all and in fact . Mayor Bums said. there was no vote liken per se about him. it was just a consensus. It was jma a councsy that the Housin1 Authority Board asked if they could sec him or talk to him . Council Member Bradshaw said when they were son of divvying up who docs what for different authorities and things like that. that the Council made a recommendation that Council Member Clapp be oa the Housing Authority and then that didn't go anyway ... there was no interview with the Housin1 AWIOrity , • •. •· • 0 , Enpewood City C1M1ncil July 20, 1998 Page ll • 0 • to her knowledge . or anything like that So, Ms. Bradshaw said. she thinks it is a mayoral appoinm:.::it it can be done without Council's approval, so she is going to abstain. Council Member Nabholz advised that she would have to abstain for the same reason . She said she -a.-as very impressed with Mr. Leonard. when they interviewed him for a board and commission, but that ;;he feels that as a Council Member she has no say in who goes on the Housing Authority Board, that is :eft up to Mayor Bums and the board She asked if there was a legal problem with that. City Attorney Brcczman said no . Council Member Clapp advised that she would be abstaining for the same reason. that she thinks th8 if the Mayor is going to appoint, that he should go ahead and appoint. If that is the proper procedure, she ;;aid, then lets just follow the proper procedure. Council Member Waggoner said that if that is the case. he would suggest that they don't interview a_-ymore for the Housing Authority . Council Member Bradshaw said that is right. Mayor Bums said thal is a legitimate question. the interviews have been done for many years and tl:= was a question as to whether Council should or should not Council Member Waggoner said it is actually a waste of time, that he didn't know why it wasn't brcc.gbt up before. why it wasn't ~ before. Council Members Nabholz and Bradshaw agreed . And hov. 11 got to the process. Mr. Waggoner said. and why the Council that did interview made the recommc:ndao.:-:i. Mayor Bums asked City Attorney Brotzman if that was correct. that a Council recommendation is rot ncccssary. Mr. Brotzman advised that Council doesn't have to make a recommendation. this can be :i. mayoral appointmcnl. He said that wc have done this as ceremonial in the past. so Council can say °:lC went through the process . Council Member Waggoner noted thal they ~ done Ibis for the last IS yc:an. since he has been cc Council any,ny. Council Member Habenicht said she wanted to cla"ify thal the position of the Mayor is within our C".::anc:r. is it noc ... thal is what appoints the Council rq,racn&alive ... all members of the Housing Alllhority . 5:bc: asked if that is it. City Attorney Brouman advised thal is actually by State Statute:. Council Member Bradshaw asked if URA is the same. City Attorney Brotzman said one other is Iha: same . Ms. Bradshaw said she thought it was URA noc DDA. because they put that in the DDA thing whe::. ~- c:realed thal. Mayor Bums said they may want to withdraw the resolution . Council Member Clapp said she hadjllll one qucstion ... thal they dc:tc:nninc:d a long time ago that 11 -a.-as or it was not a conflict of intc:rcst 10 appoint u Mayor and also be chair? She said she just wanted 10 c:.akc sure thal legally ... City Attorney Brotzman advised thal YIMI can do boch and all Council people ar: going to have this same problem when you sit on that separate board and they are doing transactions, bus=s transactions between them. which is true of anybody sining on that board. that you have to abslain :::-:,m voting. Then. Council Member Bradshaw saacl she has another question. She asked if wc have an agrcc:me:::n -..;th the Housing Alllhority on anything and anyone of us who would sit on the board. but particularly the Mayor who sits on the board. noc chairman. lhould thole agreements then be signed by Alex Habeo::ht on behalf of the City . because he sits on the boud. She said it would be like making an agreement wit= younclf. Correct . City Attorney Brotzman saacl and lhc:re an: very few exceptions. one is a real c:st:u ...... .,· •· • 0 , ., • Englewood City Council July 20, 1998 ··~ 14 ,, • 0 t• • transaction ... there is one section of the Charter lhat requires the Mayor's signature, but the others do cuncntly have the Mayor Pro Tern's signature. MA \'OR BURNS WITHDREW BIS SECOND. THE MOTION DIED FOR LACK OF A SECOND. Mayor Bums noted that Dan Brotmian's point is well taken. that anybody on the Council that sits on that board would have certain conflicts, the chainnan position doesn't have anything to do with that, it never has. Council Member Habenicht said she wanted to point out that she does not think that is the question, that the question is whether there is a conflict in having the authority to both appoint and serve on something. She DOied that is where it becomes a qucslion of conflict. Council Member Bradshaw said she did not think any other mayors have ever been on it. Mayor Bums said she was right. Council Member Habenicht noted it really makes it very sensitive, because then what you arc having is somebody who says that they are appointing who they are going to serve with. And. Ms. Bradshaw said. she did 11111 think any of them have that anywhere else. Ms. Habenicht said that is where the conflict comes. it doesn't come from serving on it and then having differences. It comes from having the authority and power to both appoint and so that is a lot of power to determine what decisions will come from that board, that is the concern. Mayor Bums comrncnlcd that the point is well taken. that he undcrslands . Council Member Waggoner stated it is only a conflict and concern if the individual makes it a conflict and a concem Personally, he said. ii doesn't bother him. And of course, Mayor Bums DOied. he was already on the board whco he became the Mayor so he didn't appoint himself or anything like tbat. He said he appreciated their thoug!U on that. that he thouglll lbcy were helpful . 12 . Geaeral DilCllllioa (a) Mayor's Choice (i) Mayor Bums noted we had the rec;cnt trqedy of two children who wm: loc:kcd inside the refrigerator on the resiclcncc of South Lipan and he knows we have an ordinance on that. He swcd that is a tragic cin:umslancc and he hoped that all the citizens of Englewood arc aware of that ordinance and the need to take the locks off those doors or lake the doors off rcfrigcra&ors that are no loqer plugged in. 10 avoid this kind of a tragedy in the future . Or, Council Member Bradshaw said. trunks or anything like that that children can hide in. Mayor Bums agreed. saying anything like that that children would want to bide in. He Slated that was just a tragic incident. (ii) Mayor Bums encouraged everybody to be active in the Night Out. (b) Council Member's Choice (i) Council Member Nabholz : " -. ' ., •· • , - - Engl-ood City Council July 20, 1998 Pa~ 15 . ' • ,- • !• • I . She thanked everybody for their Wldefs1anding and their patience wilh her in the last few wcclts. She said her mother had hip replacemelll surgery and it has DOI gone well, things arc still pretty intense. She thanked COW1Cil and Slaff for their suppon and understanding why she missed Study Session la.st Monday night. She also thanked COW1Cil Member Bradshaw for attcnding the Code Enforcement meeting Thursda~· night in her place, because they had a traffic meeting on the Dutmouth llaffac . She apologized for not making the dedication of the sundial in honor of Packy Romans. but she was donating more blood for her Mother that morning. Ms. Nabholz said she thought they accomplished a lot in the meeting that was held in regards to the traffic and problems on Danmouth. She opined they have some ways to go and some signs that still need to be put up. 2. She said she appreciates and needs to say thank you that this code violation appeared on her door. She advised she had her neighbors dump truck parked in her driveway and so this shows her that the:-: is not selective enforcement and she apprcciales this. Ms . Nabholz stated that she s incerely hopes that it continues, that wc don't have seleclM cnfon::emcnt. She noted that lime will tell on that one. 3 . She thanked Gary Sears for his personal phone call, calling all of Council in regard to the ingcdy of the two linle kids. 4. She said she would pass out her rqlOl'I from CML . She noted it is very brief and there an: pR5Cl'lts to Council al their seats. One rl the things. she said. that she took away from there. which she doesn t have enough of in her life. is hwnor. Karat Sumnan did a presentalion at the WIMG breakfast and then also al the Mayor and Council members luncheoa . She said she thinks with the decisions they an: making sometimes things Fl very iatmlC and we need to all laugh sometimes . Ms. Nabholz thanked Counc'J for the opportunity to ancnd. Mayor Bums said Iha& bis report is about 95,-. complete. Council Member Nabholz noted she is peful that she has finally camcd all of the credits so she finally got her letler from CML . Council Members Bradshaw and Habenicht offered their congratulalions. 5 . She asked. reprdiDg the COIICfflC cutouts for the handicapped that wc received a grant for. if Iha& is still moving further down. She said she "-5 Iha& they have cut several corners. but there has bc:n no rcplacelllClll Dircaor SimplOll llid it is under COIIIIIUclion. Ms . Nabbolz said they quit at Bannock and ~· haven't been back for probably three Meks ... tbey have done a lot rl cuts. Director Simpson ~ised they ,..ould follow up and report back . (ii ) Council Member Bradshaw : I . She said she wanted to tlunt the Parts Dcpanment for an excellenl. excclle lll fa cili ty at Rc man's Pm. She noted it is just n:ally pn:tty and she hopes it can Ila)' that way. Ms. Bradshaw said she iaxJ,.,s that is a diftkult part to handle some limes . 2 . She advised there is a tndlic oomplaim buic:ally on Danmouth from Broadway to Uni,·em~· and those people are bam:ling down tbeR. She aid she followed one of her neighbors up to his drivc"a ~ and told him that we don't go 45 miles • ho..-. She COIIIIIICl1led 1h11 she iu-s you s houldn~ do tba&. be:::ause somebody could have a gun . But she followed bim up lbcrc bccaule be has this huge Suburban and he was O)ing from Clarbon on to Fraaklia. She aid is WII jull ammng and ii wa1 prcll}' scary . ---~· • .. I· • 0 ]- • Englewood City Council July 20, 1998 Page 16 '· • 0 • 3. She said she wanted Council to pal themselves on the back. because tonight they made some resolutions that really got Cinderella City going and they all deserve a pal on lhe back for their hard wort and staff too . (iii) Council Member Oapp said she had a question for Council Member Nabholz. When Ocan. Green and Proud docs their commwlity clean-up, she asked if there is ever an opportunity to get rid of some of lhcse old refrigerators. Ms . Nabholz said yes, there is usually a $5 10 $8 charge because they still have the fn:on in them. which needs lo be removed . That is what Waste Managemem charged the last time. Council Member Waggoner asked if they don't also make arrangements with a group that picks those up. Council Member Nabholz said there used to bc ... shc didn't know if they are still there. on the oda side of Platte River Dmc. that would come by and pick them up ... A rs Appliance . Council Member Bradshaw advised thal Becker's used lo. Ms . Nabholz said there are a few out there. but yes there are opportunities to get rid of them. Council Member Oapp suggesled that maybe next time we can let people know . Mayor Burns opined that that is b\le, all it takes is one and you ha\'C a traged) (iv) Council Member Waggoner said he thought they all got this from lbc Slale of Colorado, Office of Legislative Legal Services. this talks about personal care boarding homes ia Ille residential neighborhood. but ii probably also applies to group homes. City Anomey Brocz-said dial was correct. Mr. Waggoner noccd he WU DOC sure he undenloocl what it said. that it seemed lillc ii said. just like we have beard before ... you can have all your nice maing rules and regulations • loag • dley don't apply to us . City Anomey Brotzman said thal is right and there was actually a noce dial thcy didn't get on top of tbis one. He advised that it c:amc: ia from Tom Blic:kmsderfer and he's lli1l -taaa widl die Attorney General's office and they forwarded Ibis to him and be knows Ibis isn't the -• - looking for. So, Mr. Brotnnan said. he is still having them do research and we fon.'Uded it oa to C.ouncil . So basically, Council Member Bradshaw said. they can put anything, anywhere in our cities 1bal dley want. Anywhere. as many as they want, Council Member Waggoner said . Council Member W aggoncr noccd that even lhe legislative rules say there has 10 be a certain dimncc between the homes, as he Wlderstood it City Attorney Brotzman said that was right. Council Member Bradshaw said that if they could get Tom Blickensderfer 10 change that to 1000, 2000 feel Council Member Waggoner Slated they haven't addreucd that yet. have they? Cicy Attomcy Brotzman advised that that is lhe question we -asking the Aaomey General's oft"ice and dley haven't answered thal yet. Mayor Burns asked if that is still back to the pre,anptioq issue too. City Attorney BRIWIIIIII said thal is right Council Member Habenicht said thal she Im brought this up from time 10 time at CML in the laa year and did have a call from a member of the National League of Cities Slcering Committee. She -ldliaa her, Ms. Habenicht said. thal some people in either Wisconsin or Illinois, one of those s&a1es back there, were extremely conccmcd about this issue • well. Ms. Habenichl said she had wanted 10 111111.e aft dial we were aware of that and thal we DClcd to be in IOUCh wilb &ban. because !here are oda COIIUIIUllities acroa the nation who are having some of these very , very ame qucllions and concerns lhal we are llaviag. Council Member Bradshaw said Manhlllan in New York is having a horrible time ... Rudi Meaiapr would be the person 10 get a hold of there. • ... 0 •· • ]- • Ea~ood City Council J•ly 20, 1998 Pa~J7 • 0 , .• • So. Council Member Habenicht said. this is one of the reasons she thinks it is so imponant to maintain our panicipal.ion in the National League of Cities. the Colorado Municipal League ... it is time wc SWt talking with each other and sharing thal this problem is such that we can bring to bear some influence on some legislative changes that are long overdue . Council Member Waggoner asked if wc can set our own distance regulations. City Attorney Brotzman advised thal our problem is. as that memo states, that you can set them, you just can't enforce them So. Council Member Habenicht said. wc need to be asking this question of our congressional candidates. Council Members Bradshaw and Nabholz said exactly. Council Member Waggoner commented that it was sure a waste of a good tree, because there is about five pages tbcrc thal says absolutely nodling. (v) Council Member Habenicht : I. She said she also wanted to thank everybody for the wonderful presentation thal was made 31 Roman's Part. She noted she wanted to say, especially, how proud she was to be able to hear the conuncnts of the Mayor and Council Members Bradshaw and Waggoner ... it was really neat . She said she thought the speeches they gave were fantastic, but she must say that Bev Bradshaw's topped them all . Ms. Habenicht said it was very heartfelt and wann and she enjoyed it very. very much and it is beautiful . She offered congratulations to everybody who had any part in thaL 2. She noted her CML report is about 5% done . 3. She said that she had a really diff"ICU.lt time understanding what thal woman was saying. who was speaking to us 31 the beginning. As she was listening she said she did hear that there was a lot of anger, she had an cxtmne amount of anger. And one thing that she son of picked up. and. she noted. she might be wrong, because her hearing isn't always the grealeSl and her listening might not always be the best ... but she heard thal she was extremely angry and what seemed to be making her angry, more than anything else. is what wc do in tcrm5 of ... and we ~ approved this in the City ... but maybe we need to look at this and how this affects people in terms al plea barpining and the like. Like when you IWl a red light and they give you a ticket for an obsllucled windlbicld.. but my windshield wasn't obstructed or something like that. Council Member Habenicht COIIIIIICIIICld thal sbe did not know what all she was talking about and what the concern was but she heard there --8IIFI' and frustration in tcnns of ... lets be honcsl and direct about what wc are dealing witb and maybe we just nc:cd to be listening to them. Council Member Nabholz advised thal she bas talked with Ms. Strogonova ownerous times and there has been several messages left on her answering macbinc and she is a very angry woman. She commented that when we break the law we have to pay the price and it has not just been one infraction or two. Ms. Nabholz noted that Ms. Strogonova has dealt with everybody here 31 City Hall and she has penonally given her the nwnbcr and address to the Disuict Court and she has spoken wi th the Assistant City Attorney Nancy Reid in regard to what her appeal process is. She opined that C\·crybody has really bent over backwards to help Ms. Strogonova and she wants the sl31c wiped clean. Mayor Bums said he sat on that ooun as an assiSlalll judge for many years and obviously her flllCS have c:scalatcd as her rumbcr of violations ha\'C escalaled and she admitted on two or lhn:ic occasions there thal she did have a violaaion. So . he noted. she wants to change the system or jUSI have someone not gi\'C her a citation. Mayor Bums commented that he was sorry she was so upset. but she has been through the system and had several \iolalions and the f111CS thal go with them . Council Member Habcmchl noced that. as she said. she didn't rcall~ undcnland what was going on . • ..... ;- • . •· • 0 ' Englewood City Council July 20, 1998 Page 18 • 0 • City Attorney Brotzman commented that she liked the plea bargain. she just didn't like the fine . City Manager Scars advised that they have worked with her on numerous occasions and there are legal aid opponunities at no cost. University of Denver Law School was named, by Mayor Bums and Council Member Bradshaw, as a possible source of assistance and Mr. Scars advised that he personally gave her thal name and number. Council Member Nabholz noted that she just wants ii all wiped clean ... and wc arc all evil. Council Member Bradshaw noted thal she has talked to Sue Bradshaw also . Council Member Bradshaw said she felt so helpless up here when a member of our community was this upset and she didn't know what to do. Mayor Bums noted you don't really, but that he could read between the lines when she was speaking as to what was happening there . But he agreed. we don't like to sec people that upset. Council Member Bradshaw said she just wondered if Victim's Assistance could do any counseling ... thal she just didn't know . Council Member Nabholz pointed out that the problem is that she doesn't listen. Ms . Nabholz said she felt thal wc have all tried to work very kindly and graciously with her and she is back in your face or leaving a message about how she is going to get you ... they are very hateful messages . 4. Council Member Habcnicbl said she wanted to bring out ... and she knows that they have talked about this and this is one of tbc things that when she used to talk Council Member Bradshaw a long time ago, jusl about lhinp that went on in the City, not Council member kind of llllff. but jUSI wkina widl somebody ... and she would tell aboul wlw it used to be like oo the Council a long time ago . Ms. Bradshaw. Ms. Habellichl said. Idled about a lot of the brainslonning thal used to go on about maybe we need this kind of business in Enpewood. maybe we need this ... and everybody SWICd to wen ....-111 do this. Ms. Habenidu stated that lbc: knows that over the ycan that has son of not happened ad Ilic thoughl maybe a lot of it was due to the negative impacts of the economy and all that . But she aid, * thought maybe it was lime that we do IOIIIC more of that brainstorming that Ms . Bradshaw talud aboul ad thal she son of looked at loogingly over all the ycan she has been on Council and it has never been something Council has allowed themselves to do. She stated tllat she thinks. when there is a vacam space in the community, that Council needs to start talking about it and talking among themselves in Sludy Session and the like. Council Member Bradshaw said like Pier One . Ms. Habenicht said yes, lilc Pier One and all thal and other properties. She said she knows they do that at the six118Ck and with the EDDA. but she thoughl we just need to do tbat more. that we need to all do that more. just talk more openly aboul wllal it is we want to sec and Siar! inviting people in . She opined that it is almost like we have been a cloled community. Mayor Bums said he thought thal would go along with, especially. on Broadway. as the South Broadway Action plan as that comes along and of course they arc doing a lot of brainstorming on Cinderdla City . He opined that Council is very interested in filling vacancies and that would go along with the South Broadway Action Plan. He said he hoped that would be a real catalyst to get people interested in South Broadway, as well as Cinderella City . 13 . City Muaerr'1 llepor1 (a) City Manager Scan said he apprccialcd uff's work last week and Council's underslallding last week when he -out of town . He advised that he knows Jerrell Black and 111ft' did a good job of keeping things going. Then: arc a lot of ilSUCS out there and. he staled. he knows tbal 111ft' is •· • 0 r I • Englewood City Council July 20, 1998 Page 19 • 0 I• - working extremely hard on the various issues and he wanted to say thanks to U1em for U1e work that they are doing. He noted we are moving ahead on the Cinderella City project. (b) City Manager Scars said he wanted to note that, with the approval tonight of the transfer of funds, that the Public Works Dcpartmcnt is negotiating with a number of different bidders for the project across the street We don't have that information to give to Council tonight. he said, because we are in the middle of negotiations. but the Foundation will be making a decision and bringing that decision back to Council so we can begin that project in an expeditious fashion. Mayor Bums asked if that was the demolition project. City Manager Sears said yes, and they are looking at the first pan of August for that to happen. City Manager Scars advised, regarding the source of funds. that pan of the funding for the project will come from RTD as we negotiate with them. the EDA Grant. the Certification of Participation that the City has and also the sale of land or lease of land from the developer. So. Mr . Scars explained, we are upfronting the cost for the development, but these funds will be coming back to U1e City as pan of the project. as we go into the approval of each of those agreements. Also, a ponion of the property will be sold or leased to the residential developer and those will provide a replenishment of those funds. So, he said, he wanted to. just for record. provide that information. City Manager Scars noted that is a summary of where we are . We are . he said. as U1ey talked about at Study Session. needing to talk about the identity . We are also, Mr. Scars advised. reviewing some of the initial plans on the City Hall and David Tryba has given all ol our llaff" und ol III updalcd view of how City Hall could function. it is '1ill a little bit in the roup QF. Priaaily, Mr. Scars said. he is trying to tic the accesses in for Coun. the Library and public purpoees lllen:. but we sboulcl be giving the plans to City Council in the next couple of weeks for Council to ~ • lo'* al It\ MMaFr" Scars asked if Director Esterly or Engineering Manager Kahm knew where Mr. Tryba is in ICnllS rl wllca dlal anformalicm can be comiq back to City Council oa the City Hall project. Mr. Kalun ad • .....W ay in about • l'MI or three ~u:k period. Mr. Scars advised lhat we would like to give ec-ca1 ._ ,a-. palClllially, in• ~· Session. Again. Mr. Scars IIOICd. the) don't really have that ~ ~ Scssaons conung up. but maybe the August 10• or August 11" meeting to give those to Counal Cit) Mameci" Scars adviscd 1M Tim Leonard and Marilee Utter have been working on this. but wc need to gi,·c CouaaJ • specific SCI of the decisions that need to be made on August IO "' and the status of each rl the uems • dial time. Council Member Bradshaw said she would like those as soon as possible. Hopefully, Mr Scan said. with the packet Ibis Thursday we could provide a li'1 of the types of things thal still have to be dccu.lcd by the City Council . 11131.. City Manager Scars noted, is the update. that a lot of this is happening as we go. If there an: any questions about any or the clements of the Cindcn:lla City projccl. he said. he "ould be happy to answer those right now or staff could answer those questions. if we haven't covered those. Council Member Waggoner stated that somebody was going to provide Council with an update on the economic status ... a zero balance type thing. City Manager Scars adviscd lhat lhat is one of the items on August 10"' that they plan to give lo Council. He said that is an issue lhat Dan Brotzman is worlting with, but we are trying to put together the framework . 1bcy received some infonnation on a BID. or a Business Improvement Di'1rict. lo maintain the various retail sites over there and to pay for those retail and conuncrcial propcnies and how that relates to the public propcnies that wc still want to contn>l. including the Ciry Hall . the public plaz.a. And those discussions. he adviscd. an: proceeding with Tom Peltz right •. • •· • 0 - • Eaglewood City CCN1ncil July 20, 1998 Pa,:e20 <. • • • now . But tbal will factor into ownenbip and bow the property will be mainlained and operated after the project is cle\doped. City Manager Sean asked if City Attorney Broczman would like to comment It all oo when: we an: with that. City Attorney Brotzman advised lhll dlcy an: doing a question and --.:r session tomorrow, with all the staff people. to make sme tbal all their coac:eras an: covered 111d n:pnling mainlmanQc issues and the BID and then we will be meeting with the de\elapmeat 111ft' • well. IO 10 OYCI' all thole issues. Council Member Bllldshaw asked bow many trees we an: going to lose owr then: OD that site ... an: we going to keep the ones oo the Hampden side. City Maaqer Scan lllkal Rkk Kabm about lhlt. He aid lie was not sun: that has really been defined OD the plan. Mr. Kabm aid be did not believe tbll 1111 been resolved yet. Mayor Bums asked if then: wen: any other quatioos. There wen: none . (c) City Maaqer Sean aid be is hippy IO note tbll be is looking to be a residmt bcre in EngJcwood. If the closings Mn out okay and if bis housing inspection still passes and dlcy will c:laling 00 bis boUle OD Monday and this boUle OIi Friday . So they will be moving OD the 29• of July . fie llalod be is looking forward to being a resident here. Council staled it will be good to have · m bcre. (d) City Maaqer Sean lhlabd Council for their mppon as we go through thClc iaa. He noted they an: vc,y complicated and be jull wanted to say tbll the words at CML were all wbal is happening with CindcrcUa City . people an: vc,y excited statewide with what is happening oo this project. 14 . City Atteney'I ~ City Attorney Bratzmm did not have any IIIIIICn to brina bd'OR Council . ' ' .. •, • l • t • 0 . I - - • ORDINANCE NO._ SERIES OF 1998 • • • BY AUTHORITY , . COUNCIL BILL NO . 40 INTRODUCED BY COUNCIL MEMBER NABHOLZ • AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND STEPHEN AND LORI MILLER FOR THE PURPOSE OF INSTALLING A WATER MAIN JUST NORTH OF EAST BATES ON SOUTH EMERSON STREET. WHEREAS, Stt!phen and Lori Miller submitted a Grant of Water line Easement agreement for t!ie purpose of installing a water main to allow water service t.o the property owned by Michael Thynne located just north of East Bates on South Emerson Street; and WHEREAS, the proposed easement would allow a sub-surface water line within a permanent easement granted t.o the City by the passage of Resolution No. 31, Series of 1985 for a public cul-de-sac; and WHEREAS, Mr. Thynne's water main contractors will be installing the 6" water main in Emerson Street up t.o the City Ditch easement and continue construction on the south side up t.o Lot l ; and WHEREAS, the water main portion which crosses the City Ditch will not be completed until a City Ditch License Agreement is obtained at a later date; and WHEREAS, the adjacent owners are paying all water main expenses and Mr. Thynne has submitted a check t.o the Englewood Utilities Department t.o be held by the Englewood Utility Department in the event of contractor defaults; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of Water Line Eaeement for this property at the July 14 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Grant Of Water Line Eaeement between Stephen and Lori Miller and the City of Englewood, Colorado, attached heret.o as Exhibit A, is hereby ac:c,epted and approved by the Englewood City Council. Section 2 . The Mayor is authorized t.o execute and the City Clerk t.o attest and seal the Grant of Water Line Easement apeement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and pUNd on fint readinc on the 20th day of July, 1998. -1- 10 bi .. •· • 0 , ]- • • • <' Published as a Bill for an Ordinance on the 24th day of July 1998. Read by title and passed on final reading on the 3rd day of August, 1998. Published by title as Ordinance No. _, Series of 1998, on the 7th 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 ia a true copy of the Ordinance paaaed on final reading and publiahed by title as Ordinance No . ~ Series of 1998. Loucrishia A. Ellis -2- ---------' II -. • . .. ' • • 0 l -. I - • ,,,_ • 0 I • • T:i!'3 Gil.AN:" cf a wace::-li!le easement: (t:ll:-.s "C~") i.s_ made t:.~:u I¢;:· ~ay cf' June • l.SI ,-2!. by Steohen M. Miller.and Lori L. Miller 1•c.r2--cr"J whose aaar•ss ~3 288? s, Emerson Street, Eng~ewood, C~ 80110 i!l !a-.rc: c.t. Che C:!.-:"! OP ENGL&'JfOOO, C:Ot.-OllAI:O. l •Graz:t:~") whcse adc:L--ess is 3400 Seueh ila~i St--aet. E:-:~ewccd. CO 90:!.10; "!!l.a par~ie:s ccv,ar.an-: a.-..d agree as f:l:cws: l . ~aseme:ic. P:oper:.y. Tl".e-"~aaemen-=. 1:-:pe~i-" •~ mean chi! =-~ prope~:r lec:,ced i:'1 ;:.e CC\lnC7 e~ A:a-;:~:bee. St.at:• o! Cclcrado. mon ~a::ic~arly desc::--l:~ er. !:=.:.::!.: A. c::.::.ei~ci~g of ~·~4~ pages. at1:ached Ae=~~o a:.c. i.~e=~cr3Cec h~~~~~ b: =e!er~ce. 2. Con:,ide~t.:.er:. A& e::mside-~c.i.oc f::::-.. ~. s G:an'!. Grai::.c•• ha& paid Granc~r the &'l:ffl of One deli~ (Si.o~: .nc.. oche:: C"oc:c: and ·.-alual:!e c-:::s~ciera:i::t:., t:-~e ~ee:.pt c~ wni:..': is he:e.cy ack=cwled;e~ cy Granco=. 3. Granc of Wac~:::-:t.i:e Sase!llect. G%an~or he=-e=y gra:1CS co Grai:1:ee, ics SUCCl99SCr.5 a=c! L!lsig-..s. a-p~'".:.&!. ncnex~ wr::. ·--easemenc l ~ "lfa.,:ar Line Easm:ie:~" ) ~=. ur-.d•:::-, ac-~as L"lC t.!J--cu;h. C!le Sasemer.c .P:::"::p•::-=y fc: t:=.e pu:r:,o•e cf cor.s,:.:-.ic-.:~,. cpe:a'C.i:g. nia::.:it:~::.:.::;, :-,~:.::g, replac::.nq, remevi::.g and e:tla..~uig Che "'Li:.es a:ic A;:p-J.:':e~ances, • as lle:einaf::.sr define-j. ~. "L.i:•s a:::c. Arv.:r:ec1u1ce9·" a.call :near.. c::.e or ll!OZ'a vaes:r pi.reline• az:d al.l. ne-::e,aa:::--J' u::.der;z:~ a:l! sur!.c:a ap~~cu -"'e"r"ee::i naceua..-y er des:i:acle fc: ~ C:ansnii.saia:: of wac=:-, i..-u:lud.in;-, l:ct not. l:.miced. '!O, fflL:.:lS, c::miui-:s. ~u.::.a. V'9r.t~lAcc::s, elec::~c: or ot:her ~t:::l svst:e=s. ca.i:l.es. wi=-s and c::::n:.ee-::.cn.s. • 4-. Access. G:-sr.::ee 1r.&!.l have c.!1e · pe--;:ee-.al. nc:uac:us:. .,.. :-:i.9hc cf i~••• az:d egrei; s in. c::=. c-,-::-. thr:~h and. ac::-ess cha Eas..-nc P--:s:e~.r !c:: a:.y ;:u:=-~• neceszary er desi::-al::le for t:e fU:.l ecjoy.ne~t c~ c:e =~~ts . gra...-icttd t:i G.rAnte.-w:.der C!".ia Grant. !'. Resc:oracicr.~ Grancee acr911s !:!lat: &!:s: che conac:-..u::-:~on. ma~near.anc•. :•pa.:.r: rwp!AC11mm1t, c:::- enla~e!llen: i.: a.r.y fer ch~. Lines and. A.,.,:ur::eca::c:es. G--ancee at:.al.l ra:stora t.:.e surface c! Che Euemem: 1'~•=-:v ae :wiu-ly as reaaonal:l• pcssi.ble cc c=• g:::-ade and c=ncl:..~~:n:-ic was • X H I • + A •. ., •· • 0 , ]- • " - 0 ,~ • immediace!y pr4c~ co said c::nst:-.1ctlor., m.ain:~nar.c~ . .::,~i:. z:-09_:l.•ce~n,:. or e:.la.::rement, except .1u1 me:, ce nec11s~3:'.r -:= ac:eommodate the !.i.:les and Appu:te.."la:::c:-=.s. Gnnt:e-e &~ !:o ~sccrr~ and :.pa;.:-any im;::oveme::.~ cf G.---nc.:::rr on .-: .. Saaer.i.nt P:::-=per::, wtu:h· are damaged, moc!i!~•= er al:a:-.c! :y Grar.tae c:.iring said ccnsc:-~c:tian, mainee::ance, rep4.:..:, replac:emene or enlcgemenc. Grantee ~.:.:-:.'11!:' agre~ -::: replaca any top:oil ramo'V'8d from ~y c:-.i.l-:ivaced or agri c:ul tu_""al A:•as on t:be E.Jreman~ E':::pe~y ~ cc =*"-. • any •~cess eart!:. resul:ing .f..'""Offl said ce:s::..-uc~ic:, ma:.ncenanc•, repai:. :eplac:11111ec: er e:il-..-;.emenc. a~ Grance~·s acle ccs~ and expcae. 6 . !lo I?':'lfr-=vement•. Grur::o:r ecvenant:111 and. -~~ :::t: t:: :or..st:-.1c:-:, ere:t, pla~ or plan ~: ":~rovame.n.~, • ~ nereina.t~•~ de£i~ed, on che E••atntL~t P:epe~y w1cbc:~= cbcaining tr.e pr:..cr writ:tan c:ouser.: c! G:~~ee. "Impr~n.u• shall mean any •f:..-..:~~e. bu::.ldi:ig, ;;:a:-·--s, t::e-_. er 1.!lru:bery o~",er t.bm & law::.. Gl:~ee ahal:. ~ t.~e right: co rl!fflCve, wi.thcut any l:.~:.l.::::t :o grm:~=~. r:y im;:rovuiaan~s r:cx:st.:i..c'=~d. '!t:re-::e-!. pla~d ::::-pl.antr-::: -::e Ea•~c P:::-oper::y wi :hout C:rar.e-' s l:lav:.::g cbt: aine<! :.:a prior wriet.~n co~sen:. cf Gr11cc::,r. 7. subj-.c:e:i::. and Lat~ra.l. Supp:;,~. Gr-~cor ~~i!:::.s anc AC;rees that G::-.ncee .rahall have -:he =i;=.:. cf acl:~ a.::•- and lateral a~:-: on e:ie Ea.semen: i:'01:e::-j' co wha~~-~ extent is nec:e.ssa:""/ r:: desirable for ::he f·~l, c:o~:~:!!. &::d u:a.c!:.•curl:,ed e:ijoytne."11: c! ~e rigJ:.:s sra.:::t:.ec. to c:~~~ ··-cer t:ii~ Gra.nc. a. ltight..s cf Gra..~or. Grant:or rese:-7es t:ha !--!: ri~!::.t tc t:ha \.::Cils:u=ed. c:,.me~;:, t:se, a:ici oc:cupa:-..:-.-: r.he Ea.aement P%'Cl=~Y i:wc:!ar as •aid. cvne:-sl:.ip, U9e.·a= oc:~anc:y i.s c:c-.A:..s1:e~-= v:.t.h a:c! does ce-: i~a.i: the ~;::::s g:ant:ed co Grant:~ ~ chis Gran.c. 9 . Al:landc=:en:. ~ t.he ~': t.!:.&:. Grant.ee ~:- abm:.dcn c=.e r:!.::t~ s g:ancad -:o i: u=:e:r ~~ Grall:, &:.:. ri.9 ht, :.:1.tle anc:. ::.nc.aresc ~~ c:. Gn=.-=ee shal: :.a..se and cel'.'minace, ant! G::sr.cor shall hclc! Sasen:am:: P:=pe--: , •• Che same may t:hen l::e, fre• f:"Qffl c:ia r:.;hu :! Grant .. sc; aca..'"tcioned &nc1 shall own all m&teti&is a:d •~r.1c~u:e• e! Grant:ee s:: e~d.ened., provide~ chac <.--.::.t ·-aball ba:-re a reascnable perioc. c! time et':er •&id. al,uu:c::::me:e in i.r:.:.:::::. t:, I"!fflOVe a.ny or aJ.l Linea &Ad Appur:anancas ~:-cm ~-~~t: P:cp11~y. :.n ~~• e"N!nt: that Easeniaac· ia •=andcr.ed k:; Grancea . Granter s:ial.l ha.~ ::i~ ri;ht, ac ~:s scl• ~:.=. ~e ~equi.::~ Gr-anc~e co r~move c: z:auc~.i:e 1my impr •. '!'.-E:::::s . con.wt:uc~ed in ehe Easemen~ by Grancee. 10. lfa~cy o.f 'r.!.t:.l.e. Gran~=: 14~c.s anci rep-resent:s t:-.a~ G::incox-is t':l.e fee si'll"IF~• e-.mer cf t::e laaemer.c Pr=per1:y and c!:ac ~r-ne:::,r baa :u:: r1gh:., ~::e a::c -2 - .... ,. le-.. , I· • 0 ' -• • • o11.ut:hcricy. cha,: cliis Grant i.s etfec:ti ve to g:a:: anci convey tc G-ran~ee c~e wacer Lins Eaaemant, &nd ebac ~s Grane o~ an 1ta.emezi1: is ~ericr to .&ll cc.bar grancs. ~er ~h.r c:~cs ;me. agr:es l:O il:::.d.etmify, ~c::c! and 1:1.cld Gr3nt•e ha..~ess L-cm. m:d ag.i.~ any adverse ela.i:n t= the t:.tlc: of c.:1: ~t l:ope~y by all a:d f!rre::-; persoc. ar pe....-scns lawf'.llly C:J.aiming Or' to ClU!n Che vh.c.:.e C:' a:y pa..-,: charwo:f. · 11 . Bi:d:i.cg Uf•~ . l"hisr G:ranc. s.baE. ~end t= a:d be bi::dinl;; 1.ipc:n t1MI be:i.rs, pu~ai J:"19prasanca-:::v11s, succaawaZ':31 az:c. us~ ct else ~ect.i..,.. p~!.-be:acc. 'Iha cerms. c:o•.renanc.. ac;ne1111tr1~s az:d c:cnditic:-~ :i!l Chis Grant •hall l::e censer.led as C:CTmlanta ~mni.,. --:.-:h ~~~ land.. I.'lll wtnr.ss REEREOF. el:e patti.es he~eca ha5 e:cec-~t•d chi• ~rar.,: of Water L.i:w Easeme:se t.:e drr c:d :::~-= .!.i:-st ~ vr:'..cter:.. · Gnncer: ( ~ ~enM. Ml.---=- ~ -_:, ~-C SDn OF COI.ORA:)O ..... COUil! OF Ac:Jccwledged b•f~ -t!U.• ~, c.! June 19 _!!.._ -.... 6 ... y_.~S~t-e-p-:h~ M. Miller lmd Lori L. Miller a.a Grantors __..~ ... , _, ,.,.,J,.....,.._Lw_i-1,,_.f_k_k::::::: ____ L_j_,"'f. /q ~ 11t:tc-/' ~he: Adcras•=----------- ·····--········-········ , . : EMJUE LEMAN : : '."t:;TARY PUIUC : : S'7.-l~ OF COLORADO : • • .... ., .. ;;;;,;;;;. .. ;.;;;; l~-·. My COftm\isaioi:. cq>ir••:~----------------- -3 - "' - • .. •· • 0 • ]- • • ]- Al::eae:.: c;razi,:a•: STATE OP c::oLODJ:10 ) } ... CCtmT?' OP AJUUSABCE ) Aclc::cw1adged. ~ ma tm.a -------day o£ June ; l.9..,9.i,e ____ by ___________ _ u, ________________ am:t -------------aa _ _.;::G:::r.:an:::.:;t;.;;e;.;;e..., ________ _ ifoca..-y Pu.Sile ~--:-------~ ...... ------ • • -4 - --------' ' . .. • • 0 Parcell • - EXHIB I T A EASEMENT PROPERTY Be;inn n; at t.1ie s.; ~rne: of _Plot 3, Elo::k _ l,·. ~a.i=s Forest H 11 Tccition tc City af Ehglewco::, Arapahoe .C=u.oo:~y, Colorado; t.1-i!?n·-e Ncrt.i.,e!! ry and along --:."le West-li!'le':· c! sa;c:· · Plot 3 a cistan::e·· of :75 . feet;· ~1ien=s E.a.s-:e?:ly' a~:-:aion; ~,e . S01Jt':"l line of a .fclr::el . oes.::·i~ ··in):i:::::k ·ue?.::at-=:~c;a · 3 "'10 ,._ !:1:1'--e ,.,__ .. 'i ~ .. .::·s · ·a d1·s-.... ;_ c1:· 7 ... A '•• • .. --...... e ~ ,.,,..a_--ow ·. '--n,,ilJ-.·~-w--·' _ _.,___ -....... , ----,. -·-·- . Southed:{ an: pa:allei ·to . the· west. rine c:'. Rid. Plc·t 3 a.· . c!istan~ of ·2s;s7' fee_i: := a p::_in~. 1.1f :·e~atili:e: t.1ieri:::a :.:.:::: · ·fet!t alor,,; t.1"le-_ a:: of a C".:rve to t.1ie .le::-:-.-hav:i~;. ~:: ::ac:.i~s c::. · lS fee.~ an::!.-a ·~t:al angle af. 62e2J .'·32" to a p::_i-::t-ef. :everse C'.J:•1e: t..1"lenc:,a -4l ~,92 . fee-: alcni;: t.'"ie a:: ·cf.: a: =-:i:·..rie t:i >-:.":e. ·right having a radius. of. 26 ~ -~ a cen~_•,:·.ai:=;!e ,.c~ .. S2=":: '14" t:, . a ncnt:.:snqent ._pc1nt: on t.~ .. So~h line~Qf '&ale· Plc-;· ;; t~:e: W.sterlv 25 ·.96 fNt Aft! along t.'ie' liei:-::1 . i ·~ne :a:;.:sai::· ilc": 3 t:, t.~t! Point· of !e; inning, :c::mta.!ni~ ··1, 2i;i · &qua:e . · ::ee-=, · m=:e or less. P!l::el 2: 'ni!": r,a:-=. o: ':."'le s;.J 1/4 cf t.1ie N'v 1/4 cf t.'ie NW l/4 c! See-..ion 35, Tc~shi? 4 Soct.,, bnge ea West c: t.-ie 6:.., :.!'!., des.::i~ as f~llOw"S :-· ~cin;. at a p:iint l6J feet Wese ct t.-ie · s:: c:~:::::'le: c: t."le sw· l/4 c! lltl 1/4 of tirl l/4 of · said Se::ion 3:~ t.~"'lee West along t."w!. ~ line -ct t."ie tliw l/4 c: lloi l/4 of &ai::: Se::--:icn i: a ~iatar,_e of 143 feet; thence N::::t.,e:ly.and ;:a:::t.:.Ie:. '-'it."i ~'ie East. line of the · SW l/4 cf. Mi l/4 of NW ·l/ .. c: sa.:.c: ~ion 35 a di•tanc:e at 3l9.9l. f8'!!t-b t."le SJ c::::,e: c! Pl:>t 3, !lock 3, ~ai:• Fo~er: Hill Adciti~ := t.~e C!.":"., ct Eh;lewoc::; then::e · tar.e:ly an:!· al::n; t..,e Saath line c:if. saic Plot. J a distal"-~ c:· 12.00 f"t tc -:..,e T:ue-Poin~ c! Beo;inning, Ric 'r!:ue Point of :8eo;inning !yin; an t."'le ~s:.erly :ighc of way of 2800 South ltnl!:son St:ee~ d-=:::!bc in :a.=~ 9'48 at pag~-S9, Mapahoe C::unty ~=i:da; th~=e ·F.z!s~e:-1:,.· an= along aaid &:,uth line of Pl.ct 3 a dia:a~ cif ·.ll.96 ~!Ml': ~ a p:, i!lt. of nentar.gent: e-.2rva ::.u:e; thenee l.B. Sl f"t al enc: o:.1"l• a:: o! • curve t:> t."le · :ight having a racius of 26 feia: e~ a cent:al an;l• of 40c46'5~· te I ncntan9en~ ~oin; en the !aaterl~ right ~f way of 2900 Saut~ E~eracn ceacrib~d in Book 848 a~ page S9, Arapahoe Countv Rec:~dar t~enc~ Rcrt~Htrly and . • along aa!~ !aaterly righ~ ~f way a di1~ancw ct 1 1.!5 !e•t to the T:~e-Point of l•9innin9, c:ntain!~g 100 ~~ua~e · fe~t, mer4 or leaa. · . · . NOTE: The foregoing real p~operty is the same pr~perty as that which is subject to the Resolution 31 Series of 1985 and t.~e Gra~t of Permanent Easement which are attached hereto as Ex.~~bi~s A-1 and A-2, re spec ti v e ly . ··· ..... I tr. ' • ' I I· • 0 , X - - • .. -• • • (. Rft'<ln1t"U •• 9, · ..J 'l o't1ac1r1Mrn ., -i 1ses ~t~:,1125,707(;1 HM'.;~ ;::1.: l'.\l:,. nr"""'P' EXEI3IT A-1 USCX.t1t'IOH 'WJ.J.j_ SERIES CF l98S acc,4.527,,,.1453 1. RESOLtl'rION M:::UTINC caABr c:.' f'Am'tmr.· ~ JICHARC T, IIC:lCHMD, JR. Ml> fWl.'"'OIIIE .l. IICIHMC ?OR r.,u:r. MiC.9!3 Ill CCIIST'llo::"!CN C: A COL CE S\C Qt !!mtSON S'%'RIEt' AS PM:' C. PAV?HC: DISTRICT 11:l .. 30. ~. the 2800 bloc:lc of s. l!Nncn St:Nt. i• in:l\l!a:! in Paving Diat:ic:': tt,. 301 an! lrtlGEAS, tn. editing etrat dNC! -=• at ~ Cl ty D1 ~!'\ in front cf 2892 s • .._aon ~t", own.! by ~.,. !t.elchard•, w,e 1:aqueated a,at t?-,a Qty eonauur:i: a ~.Jl d• uc: at. the d.-! n = facilitate tuming of l•~• vehic:ln auch II fir. t:Uc!Ca an:! ~llh f)ic:kup t:ix:lcs J and . NHESl&U, City ha• aiJniil: on ~ =ndition it. nceiv• a pamanenf. ••llrMI~· frcn t:.._.. prcpar":y <NM:• en ..t1ic:h par<: of t:.',e. c:uJ. de AC: would ba =nlt:UC:~: an! ~. the propr.y ownm:1 ha"• ~-t= 9nnt an .... .,t to the City .~ray they Nt.dn CNlenbip of tm ~1:ty ncuury to -t f\.-tU:a c:anatnll:tion/loi-covwa;a i9Cilliramts; IDI, 'fflERa'CRE, R rr RlSX.VC IY ffl! C?TY c:cmcIL ~ M ClT'l a, m::.a«m' 0:X.0,-'DO: S.:t:iOfl· l, in.t the CZClnt of lalallM'tt by· Rieh.ud. T, · liclmaid, Ji. iind twrjcd• J,· Biclchlrd t: ~ C1ty of ln;lwaad for 1t..-.t ps:;ic:s ... in ~:rue':!~.• C".Jl. de IC at t2'la dNd a of S. _..__,, St:Nt in tM 2900 block ia tmeby ae:ept-5, A capy of •id c:rant of !a....,t: i• attachad hart~ ani! il"IC1'rp:,rated ha:•in by rafff8'1'1Ctt. ACCPl'EO ~ APPRClr!D t.'iia 19th day of ~'Jat.,° 191S. •. .. •· • 0 I 1--- • • ,, -• • • EXHIBIT A-2 · :~::,45~7,! .; 454 l(No,.J ALL MEN BY THF.SE PRr.S~rrs, that RICHA?.O :-. a:c~-';.=-..:, ~. and HM.:OR!! J. BlCOOFO o! 2882. S. Dneuon St:::eiet, E:-,;:.. ... c:c, Colorado 80110, for a~ in consideration c! Ten D:llhri arc :t:."le: goad and ~luable censideration, in hand paid, do hEree: ~=3~~ anc c:nvey t:o t.'ie CITY Cl" ENG:,E:,1000, COLOAAOO, .a ml.:."licic=al :=r:x:=3::.on duly oqo1n.i :er: and existing under arx:3 by virtue of t.1ie =::r.s-:~ ~~,:ion . o! the St:~te of Cclorado, a pec:1anent eas~ent fer sceie': ?,;--;cses U?Q11, ac:-osa, in, t.'i:ough a~ unde:z: t.'ie followi:i,; c:es.:::ibr-;:,a::els of rea-l prcpe:ty situate in t.~e City of Englewg:c., C=i:: =-t c:: ~apahoe, State of O:lloraco, to ,.,it: · Pucel l: Beginning at t.~e Sil C::m,er . of ··.Plot: 3, Block ~. Mc'::.~:s -!'onst Hill Addition to Cit:y''of :,~lewccc, A:apahoe C:'.=:':.j', Colorado; t.~eice Nr:11:t.'ie:ry · and along .: t.'ie We~-:.i:"Se· c: sa;c Plot. 3 a distanc:q of · 75 · feet.;,,":.1ienc:e F.aster::.v an:r .·c~nc -:.'-:e . Sout:, line of a .pa1::al . desc~ibiac 'in ... &:c.k 'll€?.:.a~: ~;e • 33 o, ~apahoe. o,unty Reeords ;Za;cl istance·: o! .7 •. 4·4':°.:fee~;. ..·-.--::e . Sout.,er·ly and pa:alle(;tc.'.''t:.~eJWest ';.l'irie /cf'. Ai_c:.!Pl:t 3 :." di.stan~ of 25;&7,;feei:·~=~ai'."p::ln~. cf'·eur"1at:1re;~·t..~:e :~.!::: ·tNt al-:nc: t.'il!' ar:: of°.,i ·:c:cir,e '.')to'.:.t.~e -left:havi::; .-·:ac:;·.:s e! 1S feet. ai,d:.a · cent:aJ):m,g1i:fcf~.'&202J .•:32~:.:t:g _;'i .~p:::.ri'~ -c: :1!"£5'! c:u:ve; thence ,,U~,9; .. ~ee,:::ali:nc;~-~7:ar::~of .. ,:~·:-.::.:·,eT=i :-~-a =:.;ht having • adius of. 2&'-:fft~.:,ma:;.}c'ent'ralli'iini:".:-e':c!':-S,o:~' l4" t:, . • ncnangent ... pcint· on ~ t.~·· .. Seutti';·l1ne:~of1'aa·ia,Pio-:;.:~; ~.oe:o:a : .. l'Htarly 25 ·.96 t.et ana alcmc;ltna{&oijth1:Uiie(a!'.'u.:£ ;:.:,: 3 t:, t.~• Point· oCBag inning , .. =nta.i'nincf:l, 2iS' aqi.:a:a . ·fee-=, · =::e er :::~l :Z: .. }. :y~f<r'·:.: ·. · .... · ~·: · .. ,: 'n\at part of' t.,e Sol l./4 of t.'ie N'oi l/4 of t."\e ~ :./4 c! ~..ion 35, ~ship 4 Sout.'i, 'Range 68 West af t."le 6t.-:. ~.~., desc:i'bed as follows :-· . . . Co:llmenc:ing . at a point. l6J f•t West cf t.'ie S c::::1c c:-! :ie SW l/4 of tltl l/4 of "'1 l/4 of said Section 3!':. -:.~e. ;.u-: along t.~. ScQt."I line -cf t.'ie NW l./4 of 1M l/4 c! &a~:: ~~=n 3S' a di•tanct! of 143 fNt; thence Ncrt.'ierly . anc p~:e: .. ~~:1 t..',e F.ast. line of the SW l/4 of IIJ l/4 cf Yool l./, c: u~= Sec":icn 35 a di•tance of llJ.91. !Nt" to t."le SW c::r::e: c~ Pl~t 3, Block J, fl:O.ai%a !'mast Hill Addition t: ~"!e C!o:1 -::: !n;lewoo:3; thence J.aata~ly and al~ th• South line o! saf.c Plot. 3 • di.ata~ of · U.00 fNt to che T:u• POint e! Beginning, •id be taint of :!aginnil"ICJ 1Yi1"19 on t.-.e ~s~r!.:, dght: of way of 2800 ScNth llrmaan St:'Nf!. dNC:%ibc in iceic 8.U at paq•· 59, Arapahoe OM\ty Alicorda: than=e EHte:-:.::· arc alc,n,g .. id South line_ of Plot l • d1atanc1! of .l.3.9! f99~-::: 1 point. at ncntangent: en:v11tw:e; thence 18. Sl fN<: a!onc -=• u: o! a C'.&rve t:a tha· dqht having a radius o! 26 feic-: an.! a ; : ·. ;· . i:..:r~~·j·. .~: '. .... ,,.,.:.t .. ,• .. t-~,•••T • ...... ; ' Ir, • •. •· • 0 , - .... • • - am4527,,1 ,., 455 central angl• ot ,oa46'S,• to• nontangen~ point on the !a•t•rly right of way of 2800 Souta lmer•an deacribed in look 848 at page St, Arapehoe County Record•, thenc• llorth.r·ly and . alon9 aaid la•terly right~! vay a diatance of 11.!5 !eet to the TrY• Point of leginnin9, containing 100 ~quare f••t, nior• or leaa, · Guntore exprea11y ·.r•tain all rigtiti ·in and ta the proper~y whicb ia th• aub~ect or the v1tb1n.eaa--.nt which will not anrea•anably int•rf~r• with or be in derofation of th• right• herein 9unted. · · 'l'h•· City of Snqlewood, .. •• a candi.ticn to this •••e111en~ ahall prohibit parkin9 on .th•~•ntir• cul de . · ••c vbicb ii.either embraced ·vithin tbe :eaa .. eri~ h•r•in granted ·or for ... rly platted ·aa:· IINr•ori Stre•t. 'fh• City ... •hall euet appropriate •no parlcin9• ai9n1. and shall entorcw ·the . parlting . · · ... r1tstriction. . . · · · · _.,: .,,,·~--· •• 1;:..l . . . ·~. ,... _ ... , .. ·., ".; S?Ctml 1nd de-11.,•cltd th.ia · ,., 1 day ,o·f ·.·::-:...-.;,I "; :.i'9i!C ;~ \ ~ . • . -~ . °'Q.. • .., . '•' ' ·; ,.. • f . ' • • ' ' .. :,; ' ' I .. .,.....:. "\a . .,; 'o,,, ~ ·, ·, . ··.-::/ .. ,3: ... ,.: · ...... ·v ...,,,., -, .. · , · ,•,: ,·,:.· ·.·.. · .... ::''. ·· .. ' ·: .. ~\:···:• .,;: II ·'•. . . . . ., .· . . . : -~: . . . ~ . ._ '~ r, • ' . ... . -~ c:;_ SI -'\...' . -••. . . :,:~. . . . .. . . .... i , • . ..· . · :·~l~~Hd·t~ i!c~&a~d: ;~~~ ·· .':Ni~ .. "-'~!'l ./ .· .. ~~ ba . :::/:::~ !·~-, ' .':· ; j.t{(> . · flt~: ·for~9oing va~ ·.·.~k~o~l~~~d·; -~~:;··~· .. :·-~.:-.thia . ~-day 0 ~ .z:..t · · ··· · · ··, lt'I! ,a,y :~c:b'ard T.·.aiclchard, Jr. and · Marjoii~ .. i!cic&ird, ovnera. ln"joi.nt · t .ena~c:y o! 2112 &, lllencn Stre .. t ·,.. 9lewo~, Colondo .•. · ·· . .. · , . Witn••• •Y hand ind official aeal. My C01111i••ion exi,irea, ··r,.··' ., Co 'r ,:/ ,r ·, .," -'' I . .. I· • I ]- l ' f ' • • • --~· . , • ::=-(\ .. 002 @ • • 0 ]- ORDINANCE NO._ SERIES OF 1998 • • • BY AUTHORITY COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN. WHEREAS, the City of Englewood and the City of Sheridan agree to share the costs based on the percentage of landscaping located within the city limits of the respective cities; and WHEREAS, the intergovernmental agreement ia a coat sharing agreement for maintenance of landscaping along the South Santa Fe Corridor; and WHEREAS, the City of Englewood and the City of Sheridan have set forth their respective obligations in the Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se<;tign 1. The intergovernmental agreement between the City of Sheridan, Colorado and the City of Englewood, Colorado pertaining to the coat •harinc agreement for maintenance of landacaping along the South Santa Fe Corridor, attached aa "Exhibit l", ia hereby accepted and approved by the Englewood City Council. Scs;tion 2. The Mayor ia authorized to e:uc:ute and the City Clerk to attest and aeal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and pUNd on fint readinc on the 20th day of July, 1998. Published as a Bill for an Ordinance on the 24th day of July, 1998. Read by title and pUNd on final reading on the 3rd day of AUl\l.lt, 1998. Published by title as Ordinance No. ~ Serie, of 1998, on the 7th day of AUl\l.lt, 1998 . Tbomu J . Burna, Mayor ATTEST: Loucriahia A. Elli.I, City Clerk -1- • . 10 b ii • • 0 - ORDINANCE NO._ SERIES OF 1998 .. • • . , BY AUTHORITY ... COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER NABHOLZ I'~ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN. WHEREAS, the City of Englewood and the City of Sheridan agree to share the coats baaed on the percentage of landacaping locat.ed within the city limits of the respective cities; and WHEREAS, the int.ergovernmental agreement ia a coet •baring agreement for maintenance of landacaping along the South Santa Fe Corridor; and WHEREAS, the City of Englewood and the City of Sheridan have eet forth their respective obligation& in the lnt.ergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S@ctipn 1. The int.ergovernmental agreement between the City of Sheridan, Colorado and the City of Englewood, Colorado pertaining to the coet sharing agreement for maint.enance of landacaping along the South Santa Fe Corridor, attached as "Exhibit l", ia hereby accept.ed and approved by the Englewood City Council. Ses;tjpp 2. The Mayor ia authoru.ed to execute and the City Clerk to atteet and eeal the Acreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full. and pueed on fint readins on the 20th day of July, 1998. Publiabed u a Bill for an Ordinance on the 24th day of July, 1998. Read by title and pueed on final reading on the 3rd day of A\IIU&t, 1998. Publiabed by title •• Ordinance No . ~ Serie& of 1998, on the 7th day of A\IIU&t , 1998 . TbomaeJ.8W'D8 ,Meyor ATTEST: Loucriabia A. Ellie, City Clerk -1- ----- • t • ' 10 b ii .. • • 0 - - • • " • ,, ... I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pueed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A . Ellis "'~ ' ( . • .. • • , . • .. INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR THIS AGREEMENT. entered into thia __ clay of 1998 by and between the CITY OF ENGLEWOOD, whoae addreu ia 3400 South Elati Street, Enclewood, Colorado 80ll0 and the CITY OF SHERIDAN, whoee addreu ia 3231 South Zuni, Englewood, Colorado 80ll0. WHEREAS, thia ia a coat aharinc agreement £or maintenance of landacapinc alone the South Santa Fe Corridor; and WHEREAS, the project Ii.mite, alone South Santa Fe are from Englewood's north City limit line (Yale Avenue) and 10uth to Bic Dry Creek (Layton Avenue) (See Exhibit A); and WHEREAS, Englewood and Sheridan agree to share coats baaed on the percentare of landacapin( located within the City Limita of the respective cities. Percentarea will change u additional new landacaped areas are installed (See Exhibit B); TERMS OF INTERGOVERNMENTAL AGREEMENT NOW THEREFORE, IT IS AGREED by and between the City of Enclewood and the City of Sheridan that: 1. The City of Enclewood, Colorado agrees to provide the Collowinc services: A. Preparation of appropriate plam, IJ)8Cificationa and intersovernmental qreement document& £or the landacapinc maintenance. (Estimated in- houae coat $2,500) B . Adminiatration of any maintenance contract or, at Englewood'• aole option, the City may perform landacapin( maintenance with in-hoUN Corcea. (Estimated in-bouae coat S-UOO) 2 . The City of Sheridan, Colorado qreea to provide the followinJ aervicea: A. Reimbune Eqlewood £or Sheridan', ah.are of COllta £or tha landacapinc maintenance purauant to thia inte1"1099rnmental all'"ment on a aem.i- annual buia bepnnina Aucuat 4, 1998 with tha mat payment beinc due on February 4, 1999 and !nal payment due on Aucuat 3, 1999. Sheridan'• estimated annual ahare of the maintenance coat ia $39,575.36 u detailed on Exhibit "B." B . Reimbune Eqlewood £or coata of repain to landacapinc in Sheridan', portion not c:o,,wred under thia interp>YVDmental qnement. Enclewood will invoice Sheridan £or theae repain u illcidenta occur. Which invoice, ahall be paid within nilwty (90) claya al date or receipt by tha City of Sheridan. Enpwood will deduct amounta receind from rwaponeible partiee involved in automobile accidenta. -1- --[''"',t, • . .. •· • I "' ]- • 0 I • • (. 3. This intergovernmental agreement shall become effective u of Auguat 4, 1998 and shall terminate on August 4, 1999. The intergovernmental agreement shall be reviewed on an annual basis. Three additional one (1) year perioda may be negotiated by the Englewood City Manager and the Sheridan City Administrator. 4. Billins is to be baaed on the "actual landacaping maintenance coeta u provided in any landacape maintenance contract between the City of Englewood and a private entity." Enclewood may uae competitive bid procesa or negotiate a contract per Enclewood Municipal Code requirements. 5 . Englewood and Sheridan acree to share additional coats for vandalism, automobile accidenta, actl of God and other items not covered under this agreement at the same percentapa called for in this agreement. 6. For purpoae1 of this inuirgovernmental agreement. landscaping maintenance is defined u "the furnishing of all 1upervi&ion, labor, material. equipment, transportation and traffic control required to maintain the landscaping in an attractive, healthy, operable condition." 7. The City of Englewood by and through its employees and ar-nts shall be considered for all purposes of this intergovernmental agreement, to be independent contractors and not employees of the City of Sheridan. 8 . The City of Sheridan by and through its employees and age::i.ts shall be considered for all purpose, of this intergovernmental agreement, to be independent contractors and not employees of the City of Englewood. 9. This intergovernmental acreement may not be modified, amended or otherwise altered unlesa mutually •creed upon in writinl by the parties. 10 . The City of Enclewood ,hall not auisn or tramfer ita interut in the intersovernmental qreement without the written coment of the City of Sheridan. Any unauthorized auisnment or tranafer ,hall render the intersovernmental acreement null. void and of no efrect u to the City of Sheridan. 11. The City of Sheridan ,hall not &Nip or tranafer ita interest in this intersovernmental apNment without the written conaent of the City of Enclewood. Any unauthorized auisnment or tramfer ,hall render the intersovernmental agreement null, void and of no efrect u to the City of Englewood. 12. Either party of this intergovernmental agreement may terminate it by livinc to the other party 30 day, notice in writinc with or without good cauae 1hown. Upon delivery of 1uch notice by the City of Sheridan to the City of Enciewood and upon expiration of the 30 day period. the City o( Enclewood shall discontinue all 1ervice1 in connection with the pem,rmance of the intergover:unental agreement. A. aoon u practicable after nceipt of notice of termination. the City of Enclewood shall submit a ltltement. lhowin( in detail the semen perlormed under the intergovernmental qreement to the date o( termination. The City o( Sheridan shall then pay the City of Enciewood promptly that proport:ioD o( the preacribed charpa which the •men actually performed under the -2- "' - • . " ., •· • 0 , -• • • '· int.ergovernmental qreement bear to the total services called f'or under the int.ergovernmental asreement, leu such payments on account of the charps aa have been previoualy made . 13. All notices and co-unicationa under the int.ergovernmental qreement to be mailed or delivered to the City of Englewood ahall be to the mllowin( addreu: City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notice• and co-unicatioal pertaininc to the int.eraovernmental qreement ahall be mailed or delivered to the City of Sheridan at the fi>Uawinc addreu: City of Sheridan 3231 South Zuni Street Englewood. Colorado 80110 14. The terma and conditions of the intercovernmental asreement ahall be binding upon each City, ita succeaaora and aaaicna - 15 . Nothing herein ahall be construed aa creatinc any personal liability on the part of any officer or apnt of any public body which may be party hareto, nor ahall it be comtrued u civinc any ri(hta or benefita hereunder to anyone other than the City of Sheridan and the City of Englewood. IN WITNESS WHEREOF, the parties hereto have euc:uted thia inter(overnmental qreement the day and year firat written above. ATTEST: CITY OF ENGLEWOOD Low:riahia A. Ellie, City Clerk Tbomu J . Burne, Mayor ATTEST: CITY OF SBEIUDAN LL[ + .J -3- -----' "" • • • 0 • -• • ]- I l l 1 :1 "I j .. • .i • • • , ., I ] • • 0 I• • • SANTA FE LANDSCAPING/ HAMPDEN MEDIANS 1998-99 MAINTENANCE ESTIMATE 1998-99 COST 1998 SCHULTZ INDUSTRIES BID DEDUCTION FOR HAMPDEN MEDIANS (6,463 S.F @ $0.2779) $54,650.00 -$1,796 .10 ESTIMATED WATER ESTIMATED ELECTRICITY ESTIMATED PLANT REPLACEMENT & REPAIRS 1998 TOTAL COST: SHERIDAN TOTAL: ENGLEWOOD TOTAL : LOCATION 1 W. SIDE OF SANTA FE S. OF SANTA FE CR . 2 W. SIDE OF SANTA FEN. OF SANTA FE CR. 3 MEDIAN AT SANTA FE CR . 4 MEDIAN NORTH OF UNION 5 W. SIDE FOR SANTA FE O RED & JERRY'S 8 MEDIAN SOUTH OF FT. LOGAN SPUR 7 MEDIAN NORTH OF FT. LOGAN SPUR 8 S.W. CORNER OF OXFORD & SANTA FE 9 MEDIAN NORTH OF OXFORD 10 W. SIDE OF SANTA FE S. OF KENYON 11 W. SIDE OF SANTA FEN. OF KENYON 12 SANTA FE MEDIANO HAMPDEN 13 SANTA FE MEDIAN O HAMPDEN 14 SOUTHERN HAMPDEN RAMPS 15 NORTHERN HAMPDEN RAMPS 16 S. SIDE OF ROB ROY RD . 17 N. SIDE OF ROB ROY RD . 18 MEDIAN GI ROBROY RO . 19 MEDIAN SOUTH OF DARTMOUTH 20 W. SIDE OF SANTA FEN. OF DARTMOUTH 21 1ST MEDIAN NORTH OF DARTMOUTH 22 2ND MEDIAN NORTH OF DARTMOUTH 60 .31% 39.69% OWNER ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN SHERIDAN ENGLEWOOD SHERIDAN SHERIDAN ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGLEWOOD ENGlEWOOD ENGlEWOOD TOTALAMA: = = AREA( SF) 3,970 7,909 4 ,504 1,330 3,378 2,270 1,788 42,529 8 ,544 18 ,989 8,100 8,783 847 11 .na 12,649 20 ,250 21 ,489 2,971 550 3,578 353 7,982 $3,506 .00 $1,260 .00 $8,000.00 $65,619.90 $39,575.36 $26,044.54 PERCENT 2.09 4.16 2.37 0.7 1.78 1.19 0.93 22 .36 3.44 9 .97 4.26 3.S6 0.34 6.17 6 .65 10 .65 11 .29 1.56 0.29 1.88 0.19 4.19 1N,117.00 U . • X H I • I T B ·"' .. '~ .. • • • 0 ' - • ORDINANCE NO ._ SERIES OF 1998 ,. • • • BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AUTHORIZING THE VACATION OF AN EIGHT FOOT UTILITY EASEMENT ON THE SOUTH SIDE OF LOTS 1, 2 AND 3 BELLE ISLE GARDENS SUBDIVISION, 2ND FILING LOCATED AT THE SOUTHEAST CORNER OF WEST TUFTS AVENUE AND SOUTH WINDERMERE STRE.ET. WHEREAS, the Colorado Department of Transportation needed portions of Lots 1,2 and 3 for the Navajo/Tufts/Windermere truck route as part of the South Santa Fe Drive improvement project; and WHEREAS , the acquisition of portions of these lots has reduced the total lot area by approximately 1/3; and WHEREAS, in addition, usable area is further reduced by sight distance restrictions imposed because of the street curvature and speed limit; and WHEREAS, these parcels are located in and 1-1 , Light Industrial District; and WHEREAS, to maximize the usable portion of the Iota, the applicant requests that the eight foot (8') utility easement on the South side of the Iota be vacated in order to enable construction to the lot line; WHEREAS, the Englewood Planning and Zoning Commiaaion reviewed the vacation of an eight foot (8') utility eaeement on the South side of Lota l , 2 and 3 Belle Isle Gardens Subdivision, 2 .. Filing located at the Southeast comer of West Tufta Avenue and South Windermere Street at their July 16, 1998 meeting and recommended approval by the City Council; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Section 1. The "Vacation of an eight foot (8') Utility Euement on the South side of Lots 1, 2 and 3 , Belle Isle Gardens Subdivision, 2M Filing" Easement" is hereby approved by the Englewood City Council . Introduced, read in full, and pUNd on fint readinc on the 20th day of July, 1998 . -1- -~--' 10 b iii •· • 0 I • • ·, • ... Published BB a Bill for an Ordinance on the 24th day of July, 1998. Read by title and paaaed on final reading on the 3rd day of August, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 7th day of August, 1998 . Thomu J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -2- 'I • .. • • 0 • -. , . • - , ' "" " ', \ \ \ ' ~ ..... .~ 'L..-' . ,... .,_ •. \ ~ ··.\\ · .•. \. '\ I I \ I .\ I~, ·r:--~ . ' I ' ' \ . , I ~\ ·. ·, I ' I .'\' t . I\ \ l 1st . -;tjl l}~ --rH . ' · .... ... • • 0 , "'" I I - • ORDINANCE NO ._ SERIES OF 1998 . ' • • • .. BY AUTHORITY , . COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AUTHORIZING THE VACATION OF RIGHT-OF-WAY LOCATED IN THE 1800 BLOCK OF WEST CORNELL A VENUE AND SOUTH SHOSHONE STREET BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood received a request for vacation of Right-Of-Way from Philip Grimm owner of freeman signs which is located at 1920 West Cornell Avenue; and WHEREAS, Mr. Grimm's request involves an unimproved triangular portion of Right-Of-Way in the 1800 block of West Camell Avenue; and WHEREAS , the eastern side of the area to be vacated is the boundary between the City of Englewood and the City and County of Denver; and WHEREAS, the area to be vacated is approximately 780 equare feet ; and WHEREAS, it is unlikely that West Cornell Avenue would be extended to the east into Denver becauae of the number of rail lines, exiatiq etructures and lack of existing Right.Of-Way on the Denver aide ; and WHEREAS, thia portion of RiJht.Of-Way allo doe• not provide acceas to any adjacent property; and WHEREAS, vacation ofthia portion ofWeet Cornell Avenue will not impact the tranaportation crid of Enclewood ; and WHEREAS, theee parcela are located in and 1-1 , Lifht lnduatrial Diatrict; and WHEREAS, the City of Enclewood'• Neipborbood and Buaineas Development baa reviewed the requeated Ra1ht-Of-Way vacation and recommenda it be approved with the followi.ns oonditiom: 1 . A general utility eaeement •hall be retained which retlecta the orisinal Risht- Of-W ay; and 2 . All manholes muat be maintained uncovered at the aame level aa the 1urroundinc srade and eaaily aoceuible for utility maintenance operations. WHEREAS. the Enclewood Planninc and 7.oninc Comauaaion reviewed the vacation of the 1800 Block ofWeat Cornell Avenue and South St-hone Street Risht-Of-Way at their June 16, 1998 meeti.ns and recommended approval by the City Council 4rith the oonditiona liated above ; -1- ;~ • 10 b iv ... • • 0 - I ,~ r • ]- - • • • • • '· NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectjon 1. The "Vacation of Right-Of-Way on the of the 1800 Block of West Cornell Avenue and South Shoehone Street " including the above conditions is hereby accepted and approved by the Englewood City Council. Introduced, read in full, and pasaed on first reading on the 20th dsy of July, 1998. Publiahed aa a Bill for an Ordinance on the 24th dsy of July, 1998. Read by title and pasaed on final reading on the 3rd day of August, 1998. Publiahed by title as Ordinance No. ~ Series of 1998, on the 7th dsy of August, 1998. Thomas J. Burns, Mayor A'M'EST: Loucriabia A. Ellia, City Clerk -2- ~-,----- . , • . .. • • 0 l ,I • ro r l "1 -:J 008 ,I; LLJ ·,m r-, 140 -: 71 I _. 1 ffJ';-133 I I I ! I I ~ OOI !I I ~ ... . .. ~ ~ -· ... 1. I! 1! I ~ GI I I ,.; ,002 ..; ! ,. I I 2 NO FL.G .I .. f) I I: • 003 i n N ... ... ~ I xi; ~ ... I r-1• ... • ·151; ;:: • 004 ;~ (l')lli ,a ,.; ... 1! ... ... 4 I 005 I "' I ... • .. I ---------I '- r I ~ g 007 f: I • . .. ~ 008 . 009 140 015 143 011 016 @ 017 013 014 I ,. ·11--~~.;--.... ,.~.~~-r. . . , I • ,,,_ ' , • 0 :. -' alt I§ 023 ·1 008 21 so· LY 140 14Q I ·o ; ID AVE. "' ,r.; NI Ill Ill 9 4'0' I .. I I I I I 262.31 VISTA HTS • 007 2 NO F1..G . 219 .H E, 008 009 , ., ;, ~ ... -~ , .. •· • t .~ .. - ' .. .. 0 ',:: ..... .. . . ! :· .. ,.• . . . . • -· ... \ . .·~: .. ' 2 I - ,. • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject Award of Contract for Concrete August 3, 1998 10 Ci Utility 1998 Initiated By Department of Public Works I Staff Source Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 36, Series 1997 c~eating a Concrete Utility and Concrete Utility Enterprise Fund (EMC Chapter 8, Title 12) on May 5, 1997. RECOMMENDED ACTION Approve, by motion, award of a construction contract for Concrete Utility 1998 to Thoutt Brothers Concrete Contractors, Inc. in the amount of $298,382 .25. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section 11-38-1 of the Municipal Code makes it the responsibility of every property owner to maintain the concrete curbs, gutters, and sidewalks adjacent to their property. The City is responsible for maintaining all remaining concrete: returns, catch basins, crosspans, concrete alleys, and alley entrances. The Concrete Utility provides a sort of "concrete insurance· at a reasonable cost ($5 to $7 per quarter for a typical residential property) and a convenient way to pay (96% of the fees are collected with the water and sewer bills). The City contributes its share of the fees just like any private owner. FINANCIAL IMPACT Concrete Utility 1998 is scheduled for construction during the summer and fall of 1998. Funding for the project in the amount of approximately $530,000 is available in the Concrete Utility Fund. Bids were opened for Concrete Utility 1998 on July 22, 1998. Plans and Specifications were obtained by three (3) contractors, and three (3) bids were received as follows : Thoutt Brothers Stackholm Concrete Works of Colorado, Inc. $298,382 .25 $317,572 .00 $397,783 .00 The Engineer's estimate of $465,000.00 was determined using figures received for Paving District No. 38 in June, 1998, thus creating the high utimate figures . .. ., •· • 0 , ]- • • • <. The anticipated 1998 Concrete Utility fund breakdown is as follows : Total funding available $530,000.00 This Contract $298,382.25 Additional Work $141,617 .75 (allowing full benefit of low bids) Administrative/engineering/surveying/ 90,000.00 (17% of total project) material testing and necessary appurtenances and incidentals associated with Concrete Utility. UST OF ATTACHMENTS Bid Tabulation Sheet $530,000.00 --------' 'I •, .. • • 0 I - • _r' I • • C. . • ' ~- ... Concrete Utility 1998 BID PROPOSAL TABULATION July 22, 1998 10:00 a.m. Bidder/ Plan Holder BueBkl Bond Engineer's Estimate $465,250.00 THOUTT BROTHERS $298,382.25 CONCRETE WORKS $397,783.00 STACKHOLM $317,572.00 ' 'I ' y • Remarka .. • • 0 ]- • • , . • COUNCIL COMMUNICATION ~ Date Agenda Item Subject Sale of property developed for August 3, 1998 11 a i Project BUILD Initiated By Staff Sources Englewood Housing Authority Cheryl St. Clair, Executive Director of EHA Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has allocated $500,000 from the General Fund for Project BUILD. The money is to be used to purchase existing residential properties and develop new housing stock according to a policy approved by the City Council. RECOMMENDED ACTION To pass an ordinance approving the sale of the following property developed for the BUILD Project: 777 West Oxford Avenue. The Property will be sold for no more than seven percent above the appraised value, and no less than seven percent below the appraised value. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, City Council recommended a program be instituted in Englewood whereby newly constructed , single family homes replace seriously dilapidated or obsolescent homes. New homes would also be built on vacant land. This recommendation has also been incorporated into the draft Comprehensive Plan for the City. FINANCIAL •PACT The developed properties are to be sold to private parties who have their own financing . The City funds that were used t\l purchase and develop each property will be retumed to the BUILD fund when the property is sold and the new loan is closed. UST OF ATTACHMENTS Proposed bill for an ordinance .. • • • 0 . . - I' 11 , ORDINANCE NO ._ SERIES OF 1998 ' <, • • • BY AUTHORITY A BILL FOR t• COUNCIL BILL NO . 46 INTRODU~ BY ~N?L MEMBER a.,,4 _,.( AN ORDINANCE 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, single-family homes are built to replace seriously 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 : $ect,jon 1 Approval is hereby given for the sale of one property which waa developed for Project BUILD . Said property will be BOid to private parties who shall secure their own financing and the City funds, which were used to purchaae and develop said property, shall be returned to the BUILD fund. The sale price is to be the fair market price bued on apprai.lal plus or minus aeven percent (7%). 5ect;ion 2 The followin& property to be eold is property which waa developed for Project BUILD : 777 West Oxford Avenue The sale of this property 1hall require the purchuer to agree by aeparate document as follows : 1 . The purchuer ,hall be the occupant. 2 . The purchaaer 1hall not own any other reaidence on the date of tranafer of deed to the above properties. 3 . The property may not be rented by the owner during the lint three (3) yeara of ownerahip . $ect,iop 3. The Mayor and the City Clerk are authoru.ed to execute the proper form of deed for the conveyance of this property purauant to Section 71 of the Ena}ewood City Charter. Introduced, read in full , and pUNd on lint readiq on the 3rd clay of A\IIU8t, 1998 . -1- "' - • . } .. •· • 0 • • t• ·~ • (, .. Published as a Bill for an Ordinance on the 7th day of August, 1998. Thomas J . Burns, Mayor A'M'EST: Loucrishia A. Ellia, City Clerk I , Loucriahia A . Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreaoinc ii a true oopy of a Bill for an Ordinance, introduced, read in full, and pasaed on fint reading on the 3rd day of August, 1998. Loucriahia A . Ellia -2 - ---' " -. ' • . .. • • 0 ]- - ·~ <' • • • ' ,... Published as a Bill for an Ordinance on the 7th day of Aucuat, 1998. ATTEST: Aleundra Habemcht, Mayor Pro Tem Loucriabia A. E1lia, City Clerk I, Loucriabia A Ellia, City Clerk of the City of EDp!WOOd, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and pa.ed on first reading on the 3rd day of Auguat, 1998. Loucriabia A Ellis -2- . ' • .. .. • • 0 , -• • • COUNCIL COMMUNICATION Date Agenda Item Subject August 3 , 1998 Initiated By 11 a ii Staff Source Historic Englewood Depot Museum Neighborhood and Business Development Mark Graham, Planner 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 "Purchae Agl'Nffl8flt" to obtain seven properties and the Historic Englewood Depot Museum (Depot) in a transaction with the Englewood Housing Authority (EHA). The purchase agreement preserves a location for the Depot, facilitates vehicle circulation and parking, and also creates landscaped open space in North Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council directed staff to acquire the Depot and associated property on behalf of the City and the Englewood Historical Society (EHS). EHA provided the property to the EHS when the Depot was moved from south of Highway 285. The property includes seven lots with frontage on Galapago. The Depot building will in tum be sold to the Englewood Historical Society for $76,000 by separate agreement. The "Purchw AgrNment" permits Englewood to obtain ownership of the property and building at market value, estimated at $286,000. The transaction also retires outstanding EHS debt. EHA provides support for the Depot project and transaction by waMng accrued interest on the debt. The Englewood Historical Society and the Englewood Housing Authority both support the proposed agreements. Fundraising efforts on behalf of the Historical Society have not kept pace with loan repayment schedules and EHA cannot continue to finance Historical Society acquisition of the building and property. FINANCIAL IMPACT The attached Purchase Agreement uses $286,000 of Project Build program resources to purchase the Depot building and seven associated lots. EHA has committed to using the proceeds from the transaction to continue an EHA administered, Project Build type program . UST OF ATTACHMENTS May 22, 1998 Letter from City Manager Gary Sears to EHA Executive Director Cheryl St. Clair June 2, 1998 Letter from EHA Executive Director Cheryl St. Clair to City Manager Gary Sears Proposed Bill for An Ordinance Approving Purchase of the Depot Property from the Englewood Historical Society Contract to Buy and Sell Real Estate Warranty Deed •· • 0 May 22, 1998 Cheryl St Clair, Executive Director Englewood Housing Authority 3460 S. Sherman St, Suite l O l Englewood, co 80110 Subject: Parking Area Land Transfer Dear Cheryl : • • • . . I'm writing regarding the Englewood Depot and the adjacent properties owned by the Housing Authority . It is my understanding that the City Council and your Housing Authority Board recendy met to discuss these properties. Council has become aware of the Englewood Historic Society 's need for museum parking and as a result of the discussions. Council directed Sta.ff to make arrangements to acquire the properties. I am asking City Attorney, Dan Brotzman and Neighborhood and Business Development Director, Bob Simpson to meet with you or your staff and begin negotiations. Please provide Bob with whatever information you have about the property . We are particularly interested in any recent appraisals, surveys or site assessments. City staff can either prepare or review contracts, deeds and other documents relarcd to the transfer. Council is interested in completing the arrangements as soon as possible. We would like to schedule a meeting with you towards the end of the week of May !s-to bep negotiations . Bob 's staff will be contacting you to set the meeting location and time . Please call Dan, Bob or me with any questions or issues you have regarding this transaction. Sincerely , qi v -\:.C~ _/}uv-j tary ScF Englewood City Manager cc City Council Dan Brotzman, City Attorney Robert Simpson, Director, NBD /J1..i • . ' .. • • 0 - • Housing Authority City of Englewood Mr. Gary Sears CityM~ger City ofEuglcwood 3400 S. Elati St. Englewood, Colotado 80110 DeMGary: • 0 - hme!, 1998 ... 3o1'80 S. ~ • 11111a 101 EnglaWOCICI. Colnda 801 lO PIIOlle (103t 111-GOO ... (3113a 711-'503 roD l'IIIIJ 1.a -2151 ,W Voic:ll l-tOCMff-31156 As you know , the EnJlewood Housing Authority ( EHA ) made :i loan to the fn&lewood Hisloric3l Society ( EHS ) in October of 1994, and mother m JaallMry of I 1195. in ord« to save the historical Englewood Train Depot liom demolition, move lhe structure to a - loc.ition aud build and imt..U it on a proper fouudation. The I!HA approved the loan for l year, so the EHS could raise funds to re-pay the fHA. Sinc:e tb¥l tim-=, the EHS has made one inle'Cait paywmmt and has requested 3 one-year c:nensiom, which were gantl!d by the EHA Board. the principal amount of the notes total S286.000 .30 :md the: interest llCCttled totals $92,038 .19. The EHS is now requcstmg a founh cittemiou on lhese nuta. !be EHA still bolds title to the 6 lots adjacent re the 7 lots where the depot 11 oow located. The Englewood City Council has exp-essed interest in purchas1111 tbc 6 lots &om the El-IA to allow for parkin&: when the dcput 1w been nibabilii.ncd iPld opcucd u a museum. The lols wen, last appraised in October of 1996 for $60,000. N much a the EHA believes in the importance of the depot project. if the EHA ~ to arant mother extension to the EHS. we will have encuntbctcd the EliA prulffllll devclopm.:nt money b five years. This wowd pady n,duce the opponunities fur the ERA to develop a borne ownership program for tal1crs in En&lcwood. during the next year, which is a goal ofbodl lhc EHA and the City . You ad l have recently been working with a committee of EHA Board members. City Cowu.-il members, amt various statt to examine the filnare and best uses oftbc City"s Ptuject BlJlLD fund . There Im been interest in o.pandin1 the uses of the FUDd to i.ocludc more conuncrcial business opportunities, but IJOl to the e:otclusiun of fututc housms aeeds of the City. [ would like to propose to you the following plan -.iluch l think will :illow ~ the parties to reach their lftl)l.'CUVC i(>als: • ...... .. •· • f.. 0 ~ ! [ 0 ... I I • • [i ~ o~J fr" l -11 re: 11 ! E r \ ~ a.~ t" i·1 ~ ,1 o'.f H!dr ii~' f ii r g I a, Pi•.r10~ re fee Jrt ! 1· m~n,l!j l°'i j :~ i (f fl JJl~'ft i!t ti f !{i ff e. l I f s,. 0 f ti ;, # J J. ca, f ' i , 'f i • i J l . I . . s m 11 t's ·iJI . I 2. . b. J8 ' 'ir ·• , f OI [f J '!!~.III. I! 11 r 111!11: ~~I Ii r. I 111,1~m i1I ~ i I~ l ,8:1 larl ,,1 1 I ftil 1 l!J•i,J (11 ; t I! I ~·r~1 1 ~, mt '' s . 11; 11 HI , • . . e ll, rl 1 l , ,. ·, ' ( r I r L-...1 I I · a· ... . ,. ' 'l ' ]- • ,, - • • • //a_ ii BY AUTHORITY ORDINANCE NO._ SERIES OF 1998-COUNCIL BILL NO. 46 INTRODU!° BY J.OUNCIL MEMBER -'t«'1A«1 A BILL FOR 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 sits; and WHEREAS, the City wishes to obtain these lots to allo-: for landscaping and beautification of the area; and WHEREAS, the City desires to purchase the Depot and the seven lots on which it sits from the Englewood Historical Society; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS: Se<;tjpn I . The City Council of the City of Englewood, Colorado, hereby approves purchue of the Depot building and seven lots owned by the Englewood Hiatorical Society for $286,000. Said lots are legally deacribed as follows : Lota 18 to 24 incluaive, Block 2 , Taylor's Addition, County of Arapahoe, State of Colorado EXCEPT that Tract or parcel of land deacribed in the Deed . The oonditiona for purcbue are more fully deacribed in the Contract To Buy And Sell Real Estate attached hereto as "Exhibit A." Sea,ioo 2 . The Mayor Pro Tem ia authorized to execute and the City Clerk to attest and seal the Ac,eement for and on behalf of the City of EncJewood, Colorado. lntroduoed, read in full. and paaeed on first reading on the 3rd day of Auruat, 1998 . -1- .. •· • 0 , ~ 2 - - • .. • • ' Published as a Bill for an Ordinance on the 7th day of August, 1998. Alexandra Habenicht, Mayor Pro Tem ATTEST: Loucriabia A. Ellia, City Clerk I , Loucriabia A. Ellia, City Clerk o(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 paued on first reading on the 3rd day of August, 1998. Loucriabia A. Ellia -2- " - • . • 0 , 'l'>V I -• • . ' - 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 t.o 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 ~ that tract or parcel of land described in the Deed. t.ogether 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 as herein excluded, and called the Property. 2 . INCLUSIONS. The purchase price includes the old Englewood Railroad Depot as it exists on the date of closing, including all fixtures. 3 . PURCHASE PRICE AND TERMS. The purchaae price ahall be Two Hundred Eighty-Six Thousand Dollars ($286,000) payable in U.S. dollars by purchaaer at closing to be paid in cash, electronic transfer of funds, certified check, or cashiers check. The parties agree t.o share the closing coets with each t.o pay one-half (1/2) of said closing costs at closing. 4 . CONDITIONS OF SALE. 1. This contract is conditioned upon the Englewood Hiat.orical Society, Inc. furnishing at the date of cloaing , a releaae of the Deed of Trust dated October 20, 1994 , and also a releaae of the aecond Deed of Trust dated January 11 , 1995, said deeds of trust being granted to the Englewood Housing Authority by the Englewood Hist.orical Society, Inc .. 2 . The Englewood Historical Society provides a waiver for principal and interest to free the property of all Englewood Houainc Authority encumbrances. ..... ,. - • . •· • 0 I -• • I• • 4 . NOT ASSIGNABLE. This contract shall not be assignable by purchaser without seller·s prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 5. 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 closing. If 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. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of Arapahoe County. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this section 5, constitute the title documents (Title Documents). Each party must request the other party to furnish copies of abstracts of instruments listed in the schedule 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 after closing and pay the premium at closing. 6. DATE OF CLOSING. The date of closing shall be by mutual agreement at an earlier date. The hour and place of closing shall be as designated by Land Title Company. 7. TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance with the other terms and provisiona hereof, each Party shall execute and deliver a good and sufficient Warranty Deed to the other party, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, free and clear of all liens for special improvements installed as of the date of each Party's signature hereon. whether aaeeued or not; distribution utility easements, including cable TV ; except those matters reflected by the Title Documents accepted by the other Party; except those rights, if any, of third parties in the Property not shown by the public records in accordance with; and subject to building and zoning regulationa. 8 . PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other souroe. 9 . POSSESSION. POBBeuion of the Property shall be delivered to Purchaser as follows : Immediately upon closing. 10 . NOTICE OF ACCEPTANCE/COUNTERPARTS. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. ,- • . .. 0 • • 0 , I • . , -• ·, • <. THE CITY OF ENGLEWOOD , COLORADO • Purchaeer Alexandra Habenicht, Mayor Pro-Tem Date Addre88: 3400 South Elati Street. Englewood, Colorado 80110 THE ENGLEWOOD HISTORICAL SOCIETY, INC .· Seller Date Addre88 : , Englewood, Colorado 80110 • • 0 , 2 I ]- 1 • • • , . • ' 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 Dollars ( $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 succeBBOrs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described 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 parcel of land No . 25 Rev. of the Department of Transportation, State of Colorado, Project No. NH-FCU 085-2(51) lXFU 085-2(24) containing 637 aq . ft. more or less, 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 Weat, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel of land being more particularly described aa 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 aaid Lot 24 , &om which the W l/4 corner of Section 34 bea.rs S . 85°56'52"W ., a distance of 470.06 feet, more or leaa , to the Point of Beginning; 1. Thence S . 89"36'25" W . along the aaid north riJht of way line , a distance of 10 7 .00 feet, to a point on the eaat right of way line of S . Galapaco St. (March 1994), said point also being the west line of aaid Lot 20; 2. Thence N . 00"00'48" W. along aaid eut right of way line, a distance of 13.50 feet; 3. Thence S . 79"03'39" E ., a distance of 21.87 feet; • . .. ., I· • , 2 - ,. • • t• • ' i . 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 are baaed on a polaris observation of the East line of the NE 1/4 of Section 33, prepared by Gingery Assoc . 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 belonging, or in anywise appertaining, 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 grantor, either in law or equity, of, in and to the above bargained and described premises, with the hereditaments and appurtenances. TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its sw:cessors and assigns forever. And the Grantor for itself, its succesaors and assigns , does covenant, grant, bargain and agree to and with the Grantee, its successors and uaigns, that at the time of the enaelaing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estat.e of inheritance, in law , in fee simple, and baa good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assesements, encumbrance& and re1trictions of whatever kind or nature aoever. NA The Grant.or ahall and will WARRANT AND FOREVER DEFEND the above barpined premiael in the quiet and peaceable poe-einn al the Grantee, ita lucoeNm'a and aNiCJ11 apinlt all claim, on the whole or any part thereof. IN WITNESS WHEREOF, The Grant.or hu caUNd ita corporate name to be hereunto 1ubacribed by ita att.elted by ita the day and year 6nt above written. ATTEST: THE ENGLEWOOD HISTORICAL SOCIETY, INC. By: STATE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) -2- ----------.-.-- ,. - • .. • • 0 l • • 'I • • • The foregoing instrument was acknowledged before me the-------County, State of Colorado, this ___ day of 1998, by -----------------as and _____________ _ as __________ of the Englewood Historical Society, Inc .. My commission expires:-------- Witness my hand and official seal .. Notary Public • • 0 -3- -• • • 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 thiB 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 ~ that tract or parcel of land described in the Deed. together with all interests of seller in vacated streets and alleys adjacent thereto, all eaaementB and other appurtenances thereto, all improvements thereon and all attached fixture& thereon, except as herein excluded, and called the Property . 2 . INCLUSIONS. The purchue price includes the old Englewood Railroad Depot as it exists on the date of cloeing, including all fixture•. 3 . PURCHASE PRICE AND TERMS. The purchue price ehall be Two Hundred Eighty-Six ThoUB811d Dollars ($286,000) payable in U.S . dollare by purchaser at cloeing to be paid in cash, electronic transfer of funda. certified check. or cashiers check. The parties agree to share the closing coats with each to pay one-half (1/2) of eaid closing coat& at closing . 4 . CONDITIONS OF SALE. 1. This contract iB conditioned upon the Englewood Hiatorical Society, Inc. furniehinc at the date of closing, a releue of the Deed of Truat dated October 20, UMM , and a1ao a releue of the aecond Deed of Truat dated January 11 , 1995 , aaid deed& of truat being pnted to the Englewood HOUBUII Authority by the Ericlewood Hiatorical Society, Inc .. 2. The Englewood Hiatorical Society providee a waiver for principal and interest to free the property of all Englewood Houainc Authority eocwabraJMN . • • 0 , ? I - - • • • .. 5 . NOT ASSIGNABLE. This contract shall not be assignable by purchaser without seller's prior written consent. Except as so 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 closing . If 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. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of Arapahoe County . The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this section 5, constitute the title documents (Title Documents). Each party must request the other party to furnish copies of abstracts of instruments li111ted in the schedule 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 after closing and pay the premium at closing. 7 . DATE OF CLOSING. The date of closing shall be by mutual agreement at an earlier date. The hour and place of closing shall be as designated by Land Title Company. 8 . TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance with the other terms and provisions hereof, each Party shall execute and deliver a good and sufficient Warranty Deed to the other party, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, free and clear of all liens for epecial improvements installed as of the date of each Party's signature hereon, whether uaeued or not; diatribution utility easements, including cable TV ; except thoae matters reflected by the Title Documents accepted by the other Party; except thoae rights, if any, of third parties in the Property not shown by the public records in acconlance with; and subject to building and wning regulations. 9 . PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of aettlement &om the proceeds of this transaction or &om any other source . 10. POSSESSION. PosaeBBion of the Property shall be delivered to Purchaaer as follows : Immediately upon closing. 11 . NOTICE OF ACCEPTANCI!'JCOUNTERPARTS. A copy of this document may be executed by each party, aeparately , and when each party has executed a copy thereof, such copie1 taken together ,hall be deemed to be a full and complete contract between the partiea. .. •· • 0 ,_ ... I • .. • • .. • THE CITY OF ENGLEWOOD, COLORADO • Purchaser Alexandra Habenicht, Mayor Pro-Tem Date Address: 3400 South Elati Street, Englewood, Colorado 80110 .. THE ENGLEWOOD HISTORICAL SOCIETY, INC . · Seller Date Address: , Englewood, Colorado 80110 • • 0 I • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject August 3, 1998 Initiated By 11 a iii Staff Source Historic Englewood Depot Museum Neighborhood and Business Development Mark Graham, Planner 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 exchange properties with the Englewood Housing Authority (EHA) for the purpose of creating landscaped open space in North Englewood and to facilitate vehicle circulation and parking for the Historic Englewood Depot Museum (Depo(). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council directed staff to arrange for acquiring properties owned by EHA along South Fox Street, east of and adjacent to the Depot. EHA purchased the subject properties with expectations of providing affordable housing on them. EHA was most interested in getting developable properties in exchange. The proposed "Exchange Agreement" would trade three home sites in the Project Build inventory, for the three home sites along South Fox Street. On May 22, 1998 the City wrote EHA about acquiring the subject lots for Depot parking. EHA responded in a letter dated June 2 with a proposal to transfer ownership of 13 lots and the Depot. The details of the transaction have changed but the overall goal remains for the City to obtain ownership and control of the properties under and adjacent to the Depot. The "Exchange Agreement" relates only to the six lots (three developable sites) along South Fox Street owned by the EHA and to Project Build properties known as 3736/3740 South Inca Street, and 3938 South Acoma Street. The transaction is expected to provide for landscaped open space for the neighborhood, safe circulation of expected school buses to the Depot Museum and parking for museum volunteers and patrons . FINANCIAL IMPACT The three developable sites acquired for the Project Build program are considered comparable in value to the three EHA owned development sites along South Fox Street for purposes of the proposed exchange . EHA has committed to using properties from this transaction to continue a Project Build type program . UST OF ATTACHMENTS Exchange Agreement June 3 , 1998 Memo to Council regarding Englewood Depot and Project Build •. •· • 0 , ]- MEMO To: Thru: From : Date : Subject: • 0 t• • <, City Council and City Manager Bob Simpson, Director, Neighborhood and Business Development Mark Graham, Neighborhood Coordinator .l'ftt" June 3, 1998 Englewood Depot and Project Build Council recently directed staff to make arrangements to purchase several vacant properties adjacent to the Historic Englewood Depot to provide parking for the proposed musewn. The attached June 2, 1998 letter from Cheryl St. Clair, Executive Director of the Englewood Housing Authority, responds to Englewood's request to purchase the properties. The EHA Director proposes an agreement between EHA and the City to benefit EHA, the City , and the Englewood Historical Society, (EHS). The agreement involves transferring ownership to the City of Depot property including seven lots together with six adjacent lots in exchange for certain Project Build assets . The proposal also commits to continuing the Project Build program. however. it would be funded and administered by EHA using the Project Build resources transferred per the agreement. City Staff is reviewing Project Build program assets and the other associated costs and benefits of the proposed transaction. It appears that existing assets of the Project Build program could be exchanged for the Depot and adjacent lots. The City historically paid Project Build staff costs and provided in-kind services, such as : accounting, purchasing, payroll and legal. The proposals for EHA to take over administration of Project Build with EHA employees. is anticipated to both reduce City costs and facilitate Project Build program management. The exchange is desirable to the EHA because it provides vacant, buildable lots for their programs. There is also the benefit that the exchange frees up funds that have been locked up in a non-housing activity , the EHS Depot project, for four years. As an EHA program, Project Build would not be required to meet City policies and procedures or subject to City oversight. There is a willingness from EHA, however, to continue the program with the general guidelines as were previously proposed. EHS may be attracted to the proposal because it provides them a home without the burden of a four hundred thousand dollar debt. With the City as owner of the Depot, attractive le:isehold terms could be de veloped, for example : a market rate lease with a significant amount of the le:ise granted to EHS , thereby providing resources to leverage other grants. This could potentially change the focus of EHS activities from purchasing the Depot and parking properties. to planning exhibits and events at the property. ,~ • . ... \ • • , J - • • • Memo to City Council and Manager Englewood Depot and Project Build Page2 (, The City staff supports the proposal because it facilitates continuing the Project Build program with lower administrative overhead. Owning the Depot and leasing it back the Englewood Historical Society provides significant public support for this popular civic organization and provides the organization with the oppommity to return to other valuable activities. Development of the site as a historical museum and potential pocket park is desirable for this community and this oeighborbood. City ownership also provides residents ofNorth Englewood with needed open space and control over the level of property maintenance. With Council support of the proposal. staff will work with the En&lewood Housing Authority and the En&lewood Historical Society on the specifics of an agreement The resultina agreement will be forwarded to the City Council for approval. Attachment: June 2, 1998 letter from EHA .. • • 0 2 -• • • BY AUTHORITY ORDINANCE NO ._ SERIES OF 1998 A BILL FOR 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 proce88 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 : Se<;tion I . 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 building and land upon the terms and conditions as described in the attached contract attached hereto u "Exhibit A." The legal descriptions of the property to be exchanged are as follows : 1. Property currently owned by the Englewood Houaing Authority: Lots 25 -30, Block 2. TAYLOR ADDIITION , County of Arapahoe, State of Colorado also known by street addresa as: 607 West Dartmouth Avenue Englewood , Colorado 80110 with a P .P .I. Number of: Lota 25 and 26 -1971-34-2-24-030 Lota 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 as Project Build Iota : (i) Lota 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 .. .. • • 0 , ~• • • • • . . also known by street address a s: 3736 South Inca Street Englewood, Colorado 80110 (ii) Lots 11 and 12 , Block 5, LOGANDALE, County of Arapahoe, State of Colorado also known by street address as: 37 40 South Inca Street Englewood, Colorado 80110 (iii) Lots 11 and 12 , Block 1, JACKSON'S BROADWAY HEIGHTS , County of Arapahoe , State of Colorado also known by street address as : 3938 South Acoma Street Englewood, Colorado 80110 with a P .P .I. Number of: 2077 -04-1-007 -024 with a P.P.I. Number of: 2P77-03-3-0l-006 $ectjgp 2. The Mayor Pro Tem is authorized 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 August, 1998 . Published as a Bill for an Ordinance on the 7'lo day of August, 1998. Alexandra Habenicht, Mayor Pro Tem 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 ia a true copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 3rd day of August. 1998. Loucriahia A. Ellia -2- "' - .. •· • 0 , -• • t• • EHHIBIT A CONTRACT TO EXCHANGE REAL ESTATE 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: Lots 25 -30, Block 2 , TAYLOR ADDIITION, County of Arapahoe, State of Colorado . also known by street address as: 607 West Dartmouth Avenue Englewood, Colorado 80110 with a P.P.l. 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 Englewood as Project Build lots: Lots 9 and 10, Block 5 , LOGANDALE, County of Arapahoe, State of Colorado also known by etreet addreea aa : 3736 South Inca Street Englewood, Colorado 80110 Lots 11 and 12 , Block 5, LOGANDALE, County of Arapahoe, State of Colorado also known by street addresa as: 3740 South Inca Street Englewood, Colorado 80110 with a P .P.l. Number of: 2077-04-1-007-023 with a P.P.l. Number of: 2077 -04-1-007 -024 Lots 11 and 12 , Block l , with a P .P .l. Number of: JACKSON'S BROADWAY HEIGHTS, 2077-03-3-01·006 County of Arapahoe , State of Colorado also known by atreet addreea aa : 3938 South Acoma Street Englewood , Colorado 80110 "' - . ' . ' •· • 0 .... , 2 I ]- • 0 ,~ • 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 so 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 closing. If 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. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of Arapahoe County. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this section 6 , constitute the title documents (Title Documents). Each party must request the other party to furnish copies of abstracts of instruments listed in the schedule 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 after closing and pay the premium at closing . 7 . DATE OF CLOSING. The date of closing shall be arranged by mutual agreement. The hour and place of closing shall be aa designated by Land Title Company. 8 . TRANSFER OF TITLE. Subject to tender or payment on closing, as required herein, and compliance with the other terms and provisions hereof, each Party shall execute and deliver a good and sufficient Warranty Deed to the other party, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, free and clear of all liens for special improvements installed as of the date of each Party's signature hereon, whether aue88ed or not; distribution utility easements, includinc cable TV; except thoee matters reflected by the Title Documents accepted by the other Party; except thoee rights, if any , of third parties in the Property not shown by the public records in accordance with ; and subject to building and zoning regulations . 9 . PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement &om the proceeds of this transaction or &om any other source . ,, - • . . ... • • • C , ]- • • • ,. 10 . POSSESSION. Possession of the 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, Executive Director Date Addresa: 3460 South Sherman Street -Suite 101 , EDJlewood . Colorado 80110 ,, -. ' • ' , • • 0 , 2 I ·, • 0 • TBIS DIZD, made this_ day of , 1998 between TI-IE CITY OF ENGLEWOOD. COLORADO. a Home Rule City existing under and by virtue of the laws of the State of Colorado. grantor, and the ENGLEWOOD HOUSING AU'lliORl'IY. grantee: whose legal address shall be 3460 South Shennan Street. Suite 101, Englewood. Colorado 80110. W1T1Ut88ETII. That the grantor. for and in consideration of the the exchange of real property. the receipt and sufficiency of which ls hereby acknowledged. has granted. bargained. sold and conveyed. and by these presents does grant. bargain. sell. convey and confirm. unto the grantee. its successors and assigns forever. all the real property together wtth Improvements. if any. situate. lytng and being in the County of Arapahoe. State of Colorado. descrtbed as follows : Lots 9 and 10. Block 5. LOGANDALE. County of Arapahoe Englewood. Colorado also known by street address as: 3736 South Inca Street Englewood. Colorado 80110 also known by P.P.I. Number: 2077-04-1-007-023 TOGETIIBll. wtth all and singular hereditaments and appurtenances thereunto belonging. or in anywtse appertairung. and the reversion and reversions. remainder and remainders. rents. issues and profits thereof: and all the estate. rtght. title interest. claim and demand whatsoever of the grantor. either in law or equity. of. in and to the above bargained and premises. with the beredttaments and appurtenances. TO RAVI: AllD TO BOLD the said prcm1ses above descrtbed. with the appurtenances. unto the grantee. Its successors and assigns forever. And the grantor for ltaelf, its successors and assigns. does covenant. grant. bargain and agree to and with the grantee. its successors and assigns. that at the time of the enseallng and delivery of these presents, It Is well seized of the premises above conveyed, has good. sure. perfect. absolute and indefeasible estate of lnherttance. In law. in fee Simple. and has good right. full power and lawful authortty to grant. bargain. sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants. bargains. sales. liens. taxes. assessments. encumbrances and restrtctions of whatever kind or nature so ever. except TilOae of record . The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises In the quiet and peaceable possession of the ara,ntee. lta succesaors and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. • .,, - •. •· • 0 f - - • • . • ' IN Wt11U88 WBDBOI', The grantor has cauaed its name to be hereunto subscrtbcd by its Mayor Pro Tem. and its seal to be hereunto affixed. attested by its City Clerk. the day and year ftrst above written. ATTEST: Loucrtshia A. Ellis. City Clerk 5rATE OF COLORADO I -I ss. COUNIY OF ARAPAHOE I City of Englewood. Colorado A Colorado Home Rule City By ____ ....,..,--,------- Alexandra Haberucht. Mayor Pro Tem The foregoing Instrument was acknowledged before me this __ day of _____ _. 1997 by Alexandra Habenicht. as Mayor Pro Tem and Loucrtshia A. Ellis as City Clerk of the City of Englewood. a Colorado Municipal Home Rule City. My commission expires: Witness my hand and official seal. Notary Public Address : • . .. • • 0 • • 0 I • • WARRAl'f'IT DEED TBJ8 DEED, made this_ day of , 1998 between IBE Cl1Y OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by Virtue of the laws of the State of Colorado, grantor, and the ENGLEWOOD HOUSING AU'lrl0Rl1Y, grantee: whose legal address shall be 3460 South Sherman Street. Suite 101, Englewood, Colorado 80110. WITNES8J!:TB, That the grantor, for and In consideration of the the exchange of real property, 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 successors and assigns forever, all the real property together with improvements. If any, situate, lying and being In the County of Arapahoe, State of Colorado, described as follows: Lots 11 and 12. Block 5, LOGANDAI.E. County of Arapahoe Englewood, Colorado also known by street address as: 3740 South Inca Street Englewood. Colorado 80110 also known by P .P .l. Number: 2077-04-1-007-024 TOGETIIEll. With all and singular hereditaments and appurtenances thereunto belonging, or In anywtse appertaintng. 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 grantor. either In law or equity, of. In and to the above bargained and premises. With the hereditaments and appurtenances. TO BAVB Al'ID TO BOLD the said premises above descrtbed. With the appurtenances. unto the grantee. its successors and aamgna forever. And the grantor for it.elf, Its successol"5 and assigns. does covenant. grant. bargain and agree to and wtth the grantee. Its successors and assigns. that at the Ume of the enseal1ng and delivery of these presents. It Is well seized of the premlaes above conveyed, has good. sure, perfect. absolute and Indefeasible estate of Inheritance, In law, In fee simple. and has good right. full power and lawful authority to grant. bargain. sell and convey the same In manner and form aforesaid. and that the same are free and clear from all Conner and other grants. bargains. sales. liens. taxes. asaesaments. encumbrances and restrtcttons of whatever kind or nature so ever. except: 1bose of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises In the quiet and peaceable possession of the grantee, Its successors and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. •. •· • C f ]- • • • ... Jllf WIIW WHMWMKII', 1be ~ baa cauaed I.ts name to be hereunto subscrtbed by Its Mayor Pro Tem. and Its seal to be hereunto affixed. attested by Its City Clerk, the day and year ftrst above wrttten. City of Englewood. Colorado A Colorado Home Ruic City A'ITEST: By ____________ _ Loucrtahla A. EWs. City Clerk Alexandra Habcnlcht. Mayor Pro Tem STATE OF COLORADO ) _,..._ COUNIY OF ARAPAHOE l 'Jbe foregoing Instrument was acknowledged before me this __ day of ___ .,......_. 1997 by Alexandra Habcnlcht. as Mayor Pro Tem and Loucrtahia A. Ellis as City Clerk of the City of Englewood, a Colorado Mun1dpal Home Rule City. My commisalon expires: Witness my hand and offlclal seal. Notary Public Address: . ' • . .. • • 0 l • • • 0 • .... THIS DEED, made this_ day of , 1998 between TiiE CI1Y OF ENGIEWOOD, COLORADO . a Home Ruic City existing under and by vtrtue of the laws of the State of Colorado, grantor. and the ENGIEWOOD HOUSING Atrrli0RI1Y, grantee: whose legal address shall be 3460 South Shcnnan Street, Englewood. Colorado 80110. wllNESSETR, That the grantor, for and In consideration of the the exchange of real property. the receipt and sufficiency of which Is hereby acknowledged. has granted. bargained. sold and conveyed. and by these presents docs grant. bargain, sell. convey and confirm. unto the grantee. Its successors and assigns forever, all the real property together wtth Improvements. If any. situate. lying and being In the County of Arapahoe. State of Colorado, described as follows: Lots 11 and 12, Block 1. JACKSON'S BROADWAY HEIGl-fl'S. County of Arapahoe Englewood. Colorado also known by street address as: 3938 South Acoma Street Englewood. Colorado 80110 also known by P.P.I. Number: 2077-03-3-01-006 TOGl:TllltR. With all and singular hereditamcnts and appurtenances thereunto belonging. or In anywise appcrta1n1ng. 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 grantor. etther In law or equity. of. In and to the above bargained and premises, With the hercdltaments and appurtenances. 10 HAVE AND 10 BOU> the said premises above de9a1bed. wtth the appurtenances, unto the grantee. Its successors and assigns forever . And the grantor for ttllelf. Its successors and assigns. docs covenant. grant. bargain and agree to and wtth the grantee. Its successors and assigns. that at the time of the enseal1ng and del1very of these presents. It ts well setzcd of the prcnuaes above conveyed. bas good. sure. perfect. absolute and Indefeasible estate of Inheritance. In law. In fee s&mple. and bas good right. full power and lawful authority to grant. bargain. sell and convey the same In manner and form aforesaid. and that the same are free and clear from all former and other grants. bargains. sales. liens. taxes. asaesaments, encumbrances and rcstrtcttons of whatever kind or nature so ever. except: Those of record. The grantor shall and wt11 WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee. Its succesaors and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. - ,,, - ... 0 •· • 0 - J- .. • • • <, DI WilhiSB WHM#NOOI', The grant.or has cauaed Its name to be hereunto subaa1bed by Its Mayor Pro Tem, and its seal to be hereunto affixed. attested by its City Clerk. the day and year ftrst above written. City of Englewood. Colorado A Colorado Home Rule City ATTEST: Loucrlshla A. EWs, City Clerk By ____________ _ Alexandra Habenicht. Mayor Pro Tern SfATE OF COLORADO l -) ss. COUNIY OF ARAPAHOE ) The foregotng Instrument was acknowledged before me this __ day of ___ . _ __. 1997 by Alexandra Habenicht. as Mayor Pro Tern and Loucrtshla A. Ellis as City Clerk of the City of Englewood. a Colorado Municipal Home Rule City. My commission expires: Witness my hand and ofllctal seal. Notary Public Addresa: .. .., • • 0 f ,,,.. I - . . . . ·• • 0 t• • 1'Bl8 DEBI>, made this _ day of , 1998 between, lHE ENGLEWOOD HOUSING AUlHORrIY, grantor, and 1HE Cl'IY OF ENGLEWOOD, COLORADO, grantee, a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantee: whose legal address Is 3400 South Elati Street. Englewood. Colorado 80110. "' - wrnot88ETII, That the grantor, for and 1n consideration of the the exchange of real property. 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 conftnn. unto the grantee. Its successors and assigns forever, all the real property together with improvemen~. If any, situate, lying and being 1n the County of Arapahoe, State of Colorado, described as follows : Lots25-30, Block 2. TAYLOR ADDmON, County of Arapahoe Englewood. Colorado also known by street address as: 007 West Dartmouth Avenue Englewood, Colorado 80ll0 TOGETIIEll. with all and stn,u1ar heredltaments and appurtenances thereunto belonging, or In anywise appert.ain1n&. and the reversion and reversions. remainder and remainders, rents, Issues and pro8ta thereof. and all the estate, rtght. title Interest. claim and demand whatsoever of the ,rantor. either In law or equity. of. 1n and to the above bargained and prenmes. wtth the hereditaments and appurtenances. 10 BAVB AIID 10 IIOU) the ad premiaes above desa1bed. With the appurtenances. unto the grantee, Its succeuors and uatcns forever. And the grantor for ttaelf. tta successors and asstgns. does COftlW1t. pant. barpu1 and acree to and With the grantee. its succesaon and &IIIIIIM, that • the time of the enaealing and ddivay of the9e presents. it is well 9etzed of the txeudaes above conveyed. has &ood, aun:. perfect. absolute and Indefeasible estate oflnberttance, In law. In fee sample. and has good rtght. full power-and lawful autoortty to grant. bargain. sell and convey the same tn manner and form aforesaid, and that the same are free and clear &om all Conner and other grants. bargains. sales, liena. taxes. assessments. encwnbrances and restr1cUons of whatever kind or nature so ever. except: 1bose of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above barptned premises in the quiet and peaceable posaesaton of the grantee, tts succesm and assigns. against all and every person or persons lawfully clatmtng or to claim the whole or any part thereof. • . ' •· • 0 , . -t' ,..,, • • ·, • m wnw wwww. Toe grant.or bas awaed tts name to be hereunto subsc11bed. The Englewood Houmng Authority AITEST: By ____________ _ Cheryl St. Clair, Executive Director STATE OF COLORADO -I I ss. COUNIY OF ARAPAHOE I The foregoing Instrument was acknowledged before_ me this __ day of ____ __. 1998 by Cheryl St. Claim. as Executtve Director and ---------• of the City of Englewood. My commtsaton expires: Witness my hand and omctal seal. Notary Public Addreu: -------'' . . .. • • -• • 1~ - COUNCIL COMMUNICATION Date Agenda Item Subject Historic Englewood August 3, 1998 11 a iv Depot Museum Initiated By Staff Source Mark Graham, Planner Neighborhood and Business Development 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 an '1nstallment 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 for $76,000. 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 and the price established for the building is $76,000. 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 Historical Society and the Englewood Housing Authority both support the proposed agreements . Fundraising effoos on behalf of the Historical Society over the past few years have not kept pace with repayment schedules and EHA cannot continue to finance Englewood Historical Society acquisition of the Depot building and property. FINANCIAL IMPACT The City may recover up to $76,000 of the funds spent to acquire the Depot building and associated property from the Englewood Historical Society. UST OF ATTACHMENTS Proposed Bill for an Ordinance Approving Sale of Depot Building by the City of Englewood to the Englewood Historical Society Purchase and Sale Installment Contract .. I· • 0 , I - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY THE CITY OF ENGLEWOOD TO THE ENGLEWOOD HISTORICAL SOCIETY FOR THE TOTAL SUM OF $76,000 UNDER AN INSTALLMENT CONTRACT. WHEREAS, the City of Englewood is in the process of purchasing the Depot and real property related thereto &om the Englewood Historical Society under a separate Ordinance;and WHEREAS, the Englewood Historical Society desires to purchase the Depot building &om the City of Englewood, and the City desires to sell the said building to the Enclewood Historical Society, while retaining ownership of the real property under certain t.erms and conditions, for the sum of $76,000; and WHEREAS, the Englewood Historical Society approves the t.erms and conditions as set forth in the attached copy of an lmtallment Contract with the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scmoo l . The City Council ol the City of Eqlewood, Colorado, hereby approves the terma and conditions olthe lnatwllment Contract mr ..ie of the Depot buiJdinc to the Enclewood Hi9torical Society mr the aum ol $76,000, a copy al wmch J.natallment Contract is attached hereto u "Emibit A.· Sc,;tjgn 2. The Mayor Pro Tem is aut.borued to esecutc and the City Clerk to atteat and aeal the Apoeement for and on behalf of the City al Englewood, Colorado. Introduced, read in full, and puaed on 6nt reading on the 3rd day of August, 1998 . Publiabed u a Bill fur an Ordinance on the 7th day of Aucuat, 1998. Tbomu J . Burna, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- .. ~ . ' • . .. .,,; • • 0 I - • • • • I , Loucrishia A. Ellis, 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 paaaed on first reading on the 3rd day of August, 1998. Loucrishia A . Ellis -2- . ' .. • • 0 f on I • • ,~ • EXHIBIT A PURCHASE AND SALE INSTALLMENT CONTRACT THIS CONTRACT, made this_ day of , 1998 by and between THE ENGLEWOOD HISTORICAL SOCIETY, INC ., a Colorado non-profit corporation, hereinafter called purchaser, and THE CITY OF ENGLEWOOD , COLORADO a Home Rule City existing under and by virtue of the laws of the State of Colorado, hereinafter called seller. whose legal address is 3400 South Elati Street, Englewood, Colorado 80110. l. In accordance with the terms and conditions hereinafter set forth, Seller agrees to sell and Purchaser agrees to buy a building, currently known as the Englewood Depot which is located on property owned by the City, specifically Lots 18 to 24 inclusive, Block 2, TAYLOR's Addition, Arapahoe County, Colorado, together with all improvements thereon and all fixtures of a permanent nature currently on or within the building, in their present condition. This sale does not include any land under or adjacent to the building. The parties agree that Lots 18 to 24 inclusive , Block 2, TAYLOR's Addition, Arapahoe County, Colorado, are not included in this agreement. 2 . The City shall hold the Bill of Sale for this building which shall be e:r.ecuted and delivered to the Purchaaer upon payment in full of the purchaae price. 3. Purchaser agrees to pay Seller, as the full purchase price for the property, the sum of Seventy-Six Thouaand Dollan (176,000), the purchaae price, tocether with interest on the unpaid balance at a rate of :r.ero percent interest (0%), shall be paid in installments. Any amount which is spent by the Purchaaer on any documented improvements, may be counted by the Seller as payment and applied to the purchase price . 4 . Pouession of the property shall be delivered to Purchaaer on the date the Ordinance approving this Contract becomes final. 5 . From and after the date hereof, (1) Purchaaer shall keep the building insured against lou by fire with extended coverage endoraement, in an amount not less than the extent of Seller's interest in this contract, with a lou payable clause as interest of Purchaser and Seller may appear; (2) Purchaaer ahall pay the insurance premiums therefor and if Purchaser faila to procure auch inauranoe , Seller may procure same. In case of the failure of Purchaser to make 1uch payment& when due , Seller may pay such inaurance premiuma, taxea or -menta, and all moneys thua paid , with intereat thereon at zero percent (0%) per annum , shall become so much additional indebteclneu under the terma of this contract, or Seller may declare a default. 6 . 7 . Seller represents that all payment& due on emting encumbrancea have been paid. It is underatood that Purchaser doe, not &Nume the emting encumbrance, on the building. Purchaser ,hall not make any major alteration or addition to the buildinc without firat obtainmc permiuion of Seller, which permiuion shall not ba unrea.eonably withheld . All expenae1 incurred in maki.nc alterationa , addicioaa or improvement& ,, - • . ... • • 0 , I • • . • ' , .. to the building shall be promptly paid by Purchaser. Purchaser shall keep the building in a good state of repair during the term hereof. "' - 8 . Seller agrees to allow Purchaser reasonable access over existing drives and parking areu to use and maintain the building. 9 . Pun:huer and Seller agree that this contract will be recorded. STATE OF COLORADO ) ) 88. COUNTY OF ARAPAHOE ) Seller: CITY OF ENGLEWOOD Thomas J . Burns, Mayor Seller's Addreu: 3400 S . Elati Street Enclewood, CO . 80110 The foreaoinc inatrument wu ~ledpd before me thia day of ---------~ 1998 by Tbomu J . Burna u Mayor of the City of Enc)ewood, Colorado. My COIIUlliNion expires: Witnesa my hand and official aeal. Notary Public . ' • ' , .. • • 0 • -• • - Purchuer: ENGLEWOOD HISTORICAL SOCIETY, INC. .. Purcbuer's Addreaa: Englewood, CO. 80110 STATE OF COWRAOO ) )88. COUNTY OF ARAPAHOE ) The foregoing inatrument waa aclmowleclpd before me this ----day of ----------1998 by .. ________ _ of the Enclewood Historical Society, Inc .. My commiNioo upirea: Witne88 my band and official eeal. Notary Public • • 0 - ' Date August 3, 1998 Initiated By • • • COUNCIL COMMUNICATION 11 Ci Staff Source ,,. - ~ Subfect Resolution approving a supplemental appropriation and transfer of funds from the General Fund to the EURA for legal services Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Previous City Councils created and supported the EURA. The EURA was created to aid in the revitalization of blighted locations in the City of Englewood. In 1985 the EURA issued tax increment debt to aid in the assembling land to revitalize various areas in the City. In June of 1991, the Authority was not able to meet its full scheduled debt service payment, and the bonds were deemed in default. The Trustee representing the bondholders accelerated the payment of the entire principal. This action forced compounding of interest on the outstanding principal and unpaid interest. This has increased the tax increment debt payable to $31 ,815,137 as of December 31, 1997. On November 26, 1997 the Trustee, on behaH of the bondholders, filed a lawsuit against the Authority, the City of Englewood, and the County Assessor for breach of contract. The Trustee is seeking to force the extension of the life of the tax increment beyond the statutory 25 year limit until the principal and interest are paid in full. The Authority has very limited assets and no funding sources to defend itsett against this lawsuit. Therefore , the EURA is requesting $50,000 to defend itself in this lawsuit. The City Council approved Council Bill Number 8 , Sams of 1983 on February 22, 1983. This Council Bil provided for operating staff , equipment, and related support for the EURA. Section 4 of the agreement provides that the City of Englewood in addition to providing staff employees for the Authority, the City will provide the Authority with such other services as may be required in order to perform its public functions, including, but not limited to , accounting, treasury, management, procurement, personnel senrices, engineering services, planning services, and legal services." The agreement does require the City to provide legal services as requested in the attached resolution . RECOMMENDED AC110N Staff recommends City Council approve the attached resolution appropriating and transferring funds to the EURA. The sources and uses of thNe funds .. : GENERAL FUND: SOURCE OF FIN>S: Unreserved/Undesignal Fund Balance $50,000 USE OF FUNDS: Transfers out to the EURA Fund $50,000 The EURA will take separate action to amend its budget. . -. . '"t' • . • • , • • • FINANCIAL IMPACT This appropriation and transfer will reduce the General Fund unreserved/undesignated fund balance by $50,000. UST OF ATTACHMENTS Proposed resolution .. . ' ... • • 0 I ,..,... I - • RESOLUTION NO.~ SERIES OF 1998 . ' ... • • ~ • J/e,1 A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO THE ENGLEWOOD URBAN RENEW AL AUTHORITY (EURA). WHEREAS, the City Council of the City of Englewood, Colorado approved the City of Englewood's 1998 Budget on October 20, 1997; and WHEREAS, the Englewood City Council approved Council Bill No. 8, Series of 1983 which provided for support for the EURA; and WHEREAS, the passage of this Reaolution will appropriate the funds needed for the EURA to defend itself in a lawsuit which was filed on November 26, 1997 by the Trustee on behalf of the bondholders against the EURA, the City and the County ~ for breach of contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $e<;tjpp l. The City of Englewood 1998 Budget ia hereby amended as follows : GENERAL FUND: Sougq: pf Ft1ode: Unreeerved/1.Jndeeipated Fund Balance \Jet pf Fuwte· Tramfen out to EURA for payment of lepl feea for defeme of lawauit $50,000 $60,000 Scctior 2. The City Manqer and the Direct.or of Financial Semcea are hereby authoriaecl. to make the above cbanpa to the 1998 Budpt of the City of Enpewood. ADOPTED AND APPROVED this 3rd of Aucut, 1998. ATTEST: ThmDu J . Burna, Mayor Loucriahia A. Ellia. City Clerk I , Loucriahia A. Ellia , City Clerk far the City ofEapewoocl, Colando, hereby certify the aboYe ia a true copy of Reaolution No._ Seriaa of 1198. ----. -~ . ' • • • 0 , -· - • • • l • • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, AaAPAIIOlt COUNTY, COLORADO I . Call•O.- "~ Tlle aeplar aacliag af die Eaglcwaad Cily Council -callcld IO Older by Ma,ar Burns• 7:SO p.m. 2 .......... 3. ,W. af Al Ii C •. ..Call Prcleal: Coullcil Memllels Nabllolz, Gama. Bradshaw. Hlbcnicht. w...-,.Burns Coullcil Member Clapp AIID..-: Cily ........ Seas Cily...., .._ D1p11y eay am Cade ...... y-Specillill Griaad Dim.lDr Siaplaa. ti ·at• tnc1 ad...._ De\ I , DillacW-*. ....... Isa iee Paliceo,am-Diviliee c:.,v--- (a) COUNCIL IONMa a&\ltSIIAW 110YD. .AJ119 ff WAS S&CON9U. 10 Al'l'ltOVlt 1Blt MIJlfU'll:5 o," 1Blt a&GVLAa Id& I ING OI' JULY JI. I,_ Ayes: ~.._._.Wz. ......... lW.. . k w...--.... Nolle ~ ..... o.w. ~MrallcrClw (I,) COUNCIL NDOl'a w.lSIIAW IIOVD. .AJ119 ff WAS RC0NND. 10 Al'l'ltOVlt 1Blt MIJlfU'll:5 o," 1Blt sncaAL IIU1'iNG o," JULY 27. ,,_ Ayes: ~.._._.Wz.0.W.. ......... 1111111 ·t w...--. .... • ' .. I . • , 'J.') I - • Englewood City Council August 3, 1998 Page2 Nays : Absent: The motion carried. There were DO schcdulcd visilOl'S. • 0 • Nooe Council Member Clapp a) ·Rabin Lenz-Salls, Pn:sidenl and ExeculM Dirccuw of thc Gffllla Englewood Chamber of Commcrt:c. reminded Council dial thc Chamber bas been actMly participaling in thc South Broadway Steering Commiucc mcclings. Ms. Lenz-Salls advised that, because 10111C ofthc membcn have cxprcsscd some concerns. the Board of Directors devised a lc:ucr. which she sban:d with Council. as follows: ~Dear Council Members. The Grcaacr Englewood Chamber of Commcrt:c would like to a,ogralulale City Council and City Slalf for your progress on the South Broadway Plan. You have taken an idea and through diligent cffon brought forward a plan ready for implcmcntlllion. lo rqanls to coocq,t we cx1end our support ofthc current plan. We do however have concems with specifics thal will need to be addressed to cncouragc participation and suca:K. Our coacems arc the following: Will matching funds and/or low illlereSl loans be made available to assist panicipating businesses? Will present zoning and ordinances be "icwcd aativcly to allow the plan to be impkrncoted as nccdcd? Will c::onsidcration be given to permit b11sin to keep landscaping funds to improvc/cbanF exteriors and signagc? What process will be used 10 review new and acaaiYc ideas wbicb a plan of this mapilude may As WC sec these cona:rm addrcsscd WC loc* forward to CXlcllding QUI' fidl support.. Again. WC a,ngratulate your dforts for YCJUI' progrc&. llcspectfully, Brian Yaklich. Chairman of the Board.~ b) LcS1er Myers. -419S Soulh ClaJtDI Street. told Council tbal be is a llalivc of Colorado. and bas DC\'eT cxpcricna,d so many problems in a city as be has in thc lasl thR,c years in Englewood. rqarding vandalism and things of that nalUl'C . He staled thal be is being barallcd by Code Enforcemem Offiocf'S . There U\'C been several DOlices for things thal did DOI llM'C anything 10 do with bun ~. lie staled. A notice was left on bis door about IOIIIC sewer pipes dial wac laying in tbc alley. be said, •1licb thc City left laying there. They wac DOI even mine, be aid. TIiey arc up apiml my can,c. be c:ont.imlCd.. but I do not have a way 10 DIIJYC them. Mr. Myers stated dial Code ~ also Pft bun a tidtcl lasl week, although be bad a tcmpora,y permit in tbc window . WIien be c:alled 10 aa them IIIOUl 1t. be was told be would have to take it to coun. Some OCbcr people in thc office said sbc oould llM'C voided 1h11 tictcl. be said, and saved laim thc trouble of llaviag to ID 10 CXllll1.. ~ an: five Code Enfon::cmcnt Off"icen in thc City of Englewood. wbich swprilCld laim, be said. ba:lule be lccls dial is over llaft"ed. He said he SCCS them driving around quite a bit. and be ~ 6-~ with adaer c:ily aJUDcils in thc past that Nonhglcnn. for illSlaDCC. only has -Code Ellfot C C C a Officer MID aim tbs parking. Mr. Myers said be is DOI sure of thc populaaioa ralio ~ tbc ._ cities. bun be apiml dial • "' - I· • C ' .... ;1l~ '!' ti~ 1111 ,,~1i1t1• ~ ii 111~l «11 I I 11 1 r,1~ 1111 1• t1[ iii ~1111 1 11l111Jrl I II ~1111 ~, I I l fl ,~I ·J il sri (~f t( (ll 1J I~, ~,I ~ 1 f• iif ... Jwtj 1.l 1t'i luf<f l.91h·1·1f1 1r $1 Jt .•J. -r f • > I , 1 f ~ ~ I • i . B 1· J. f: r ~ i 'i t ~ ~ r I ! f t J 1• ii ! ! 1 r l ('I !ii! 1~ M· l:li If l' . · r f 1: i r t Ii ' .i ,..c ii ti:i t: ·tl~1l 11 I "X I r r f I· J i i r . i' r . . r if x j t ~ i 1, ,; [iii 11 lar i!~ (!.tri(f 1 l~li I f. 1! Jf td1 Jr )It' if f I UIH1 1 1 . ii :f l '" " l' f r l i r • l I ( l I s I s· . a· t f i ~ f ! I 11' it t I· J ~ i . ·1 ~ 1· 1 !1 [if 1 i ! ! l if f ~ , •• It 1 ~t if, '11~~,r f ,,,, f ft J.l I ft f1j t~I ([ifJ!i t ~,fsl 1· l I I l Ir · 11 R' . I R' i J Sl R' (Tl g-t i !1 1,1, jl It, 11! t!11talr ! lr;I r ,[ 1 !H .i tf 1! .-!rf t-l [,i, 11 f 11 1 ~I 1 '~irae r [if~ , . \, 0 .... . . J I' I I . . . ... . i' ..: ~~ WIJO lOf ••ai[ fE i~· ii!j fir !li!1 iJ If! !i 11111 II 11111~ fl! 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I! ~i ~ (l 11l ;1 Ii tf lrl 11 i f1J~ fi :,(! w§ •l t t(Ji .i • la w}, I f lt11 ,I t!~~ I• tr t 1,1~ l 1f 11111 1 11 ~ 1 1 Ii 1 s • 0 • t.- 1 I O . • . ~ ' ~ \: . ~ :Ji 1r; 111 1~ ii; i~ll 11!J:ll'lf~'!illll 1111;t•~ill 1!1 Iii I! lt~f~ ~1 ,1~J 1;1•r1 l;~llglfl:·~·,g11;1!i~ i9 ~~J ~i :•11·1 tlf i1l[!l~1l!1lfrJ;lt~l1~•l1 iJ.i!ljil i Ill ',J ti~ i l!ts J ·1i 1i(J5 (1i:(~1!;{;!;JJ~ff!1 1 :1~lli ·~ · l i · 0 i l J it 1 ~-( i .&· 1 I f • l r r l ~ =-D i I I · I J 1· 11· 0 J i' l '•! !! la~_i •11 t:···J;s,111,,111: 1~~1!i1~11, 111 Jr, !11i!l1~lilii!l!i1 11t1II :iJ i ! .n f I r, J if f • ~ l ti i . ( er ifs j1 i.f 111 ( ~-1 I a I! s s f :. :. • ., . t I ~-f I i I i f 6' !: :i. s e: : i I i • I . : If 8' 6' IL '\1 . &~t ir: frl, JI . ii[rl'!,'ff~!8 ! it .; 1;1°111w'1 1:1 (, rirt ~i1 !'~~Jli'11,i11!i1ii1if!J•!1,:Jjl I f !1' f I ! l ' } 1 I a if f .,. i K e • i l ~ I f . a. l r ' • g: ll J . J t!i 1r (ff 1 11~ It fiitJ11!~J!~Jil[fl!1 r1 1,,11ft I i• 1! Jl~I ~1 1 '1!;,11;1a1r.1rw$i1t •!ti ,1111 I i I i s · 1: 11 I sf ! ~-!: l If ~ · 11 J H f f l i r( i 11 f:: ! l h t ~ l r l s i J ! 'f I! r i 6'r r K 11 f .JI 6' l t ~ ! l r1· 1 J· 1· 1· i JI; 1, la I i t .f . l if E ' t Ir If ~-f Ii J • . J Ir Ir , • 0 • F I . . . ~ ' .. . ,. I ]- Englewood City Council August 3, 1998 Page6 • 0 I • • 111d she encoun,cc1 Ms. Piper to pursue tbc PUD bearing. Sbc asked Ms. Piper to call and lei ber ~ wbcrc it is, so dial she can aaeod. Ms. Piper asked if tberc is aaydling die they CUI IUgell lilr diem IO clo ill die maim. Maya,' 8mm said be can coa&act tbcir mayor ...i aJUDCil ~-Ms. Piper llid c.:.e 11111 ,aa ia, die value aftbcir property will be p,oc. She: added that, rigbl -. tbc Ind ballic-* cm Ullian is bad again. Mally limes it is the same affcadcrs dial arc doiDg it. people MIO mady l!mw tbcy aR 11111 .....-. to be tbere. As long M tberc is not a pllnll c:ar tberc, they will clo it if tbcy CM. '111c polic:c ame, and tbcy try IO clo DDC«bing about it. bul two« tbrce days. « ,omc:riws llaan mer. tbcy -rip(-* at it again. Wut is this Finl to clo to US. tbca. sllc asked. We clelcne bc.aa' dlaa dlat,, ad -,dliq Couacil CUI clo to lldp 1"Jllld be appra:ialed. Sbc said sllc -.Id also appra:illC -.. .,.._ lilr a li1lldy oa tbc situation. Ms . Piper asked if they would have to book OIIIO a sewer liac. Mr. Scan said they arc saying they arc going to USC a septic system. Ms . Piper asked if they -'t have IO IIIC a -liac at all then. 111c Slare 111d die County must approve that. Mr. Scars saicl. llld we don't~ wbat tbc regulations arc at this point. We have wiad opposition to it through our staffbd. but. apin. this is DIil in Eaglcwood's jurisdictioa SO WC don't have the ability to \'do, be explained. Mayor Bums 111d Council thanked Ms. Piper fOI' coming. a. cc-.. iati-. Tberc -Ill) COGIIPIIDic#ions. pmdamaions. QI' appoillllllallS. 9 . ....Ilaria& No public llcarillg -scbedulcd befoR C-ouac:il . 10 . c.....~ (a) Appro\'al af 0--cm Finl RcadiD& Tbcrc -ao additional ilmll lillbmiaed lilr approval on fint ieadiag. (Sec A,eada hem 11 -Rcplar Apda.) (b) Appro\'al af 0--OIi Second Reading COUNCIL MDDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPIIOVE AGENDA ITEMS It (II) (I) TllllOUGR fl¥) ON SECOND HADING. (i) ORDINANCE NO. 50, SERIES OF 1991 (COUNCll. Bll.J... NO . 40, INlllODUCED BY COUNCll. MEMBER NABHOLZ) AN ORDINANCE AIJTHOIUZING A GRANT OF WATER LINE EASEMENT BE1WEEN 11iE OTY OF ENGLEWOOD. COLORADO AND S1B'tiEN AND LORI MILLER FOR 11iE PURPOSE OF INST AU.ING A WATER MAIN nJST NORTII OF EAST BA "mS ON SOtTl1f EMERSON 511tl!P:J'. (ii) ORDINANCE NO . SI, SERIES OF 1991 (COUNCn. BllJ.. NO . 42, IN11lODUCED BY COUNCD.. MEMBER NABHOLZ) ' ,- • . < •· • ' EagleM,od City Council August 3, 1991 ... , .. • • • AN OltDINANCE APPROVING AN IN'JEROOVERNMDn'AL AORE.EMENI' FOR MAINIENANCE OF LANDSCAPING ALONG 11IE SOUl1I SANJ'A FE CORRJDOll BE1WEEN 11IE CITY OF ENGLEWOOD, CXlLORADO.AND 11IE CITY OF SHERIDAN. (Iii) ORDINANCE NO. 52. SERIES OF 1991 (C'OUNCD. BllJ. NO . 43, omtODUCED BY COUNCD. MEMBER NABHOl:l) AN OU>INANCE AtmlOIUZING 11IE VACATION OF AN EIGHT FOOT Ul1IJTY EASEMEm' ON 11E SOU111 SIDE OF LOTS I, 2 AND l BaU ISLE GARDENS SUBDIVISION, itm FILING LOCATE> AT 11IE SOU11IEAST CORNER OF WEST TIJFl'S AVENUE AND SOUl1I WINDERMERE S'JltEET. (iv) ORDINANCE NO. 53. SERIES OF 1991 (C'OUNCD. BllJ. NO. 44, INTilOOUCED BY COUNCR. MEMBER NABHOl:l) AN ORDINANCE AU11iORIZING 11IE VACATION OF RIGHT-OF-WAY LOCATE> IN 1llE 1800 BLOCK OF WEST CORNELL A VENUE AND SOUl1I SHOSHONE S11lEET BY 11IE Cl1Y OF ENGLEWOOD. COLORADO. Ayes : Council Memben Nlllllolz, Gama, Bndsbaw, Habcnicbt.. w..-.-. Bums Noae Council Member Clapp COIJNCIL IIDmE& WAGGOND IIOVED, AND IT WAS SECONNa, 10 Al'l'llOVE CONSENT AGENDA ITDI M (c) (i). (i) A CXJNTRACT FOR CONS11lUCl10N OF CONCREre Ul1IJTY • \VJ11f 11IOUTT BR011IERS ~ CONnlACTORS. INCORPORATE> IN 11E AMOUNT OF 1291. )12.25. Nays: Ableal: The mocioa carried. II ....... ~ (a) C.oaacil Meabers Nabllalz. Gama. Bmlsllaw. HallCllick. w...-. .... Noae Council Mclllbcr Clapp Ma)w" a.. IIIIICld ..__.A..-baa 11 (a) we aw._ ileal .... pcrlaia • die F..r aaod llllmilll Alldlarily. die HillDricll Socicly .. die Cily ........ Dlpal. ..._ lie can Ilic Houlills Alldlarily. Ma,ar ....... lie ............ .., Ilic Cily Aaar-, ... lie ii cmaic:lld .. • . • • 0 , - Englc'MIOd City Council August 3, 1998 Pqc8 . ' • ~- • ,. • sllould abllaia frum WliDg oa dlole ilems. Alm. be Slid. A,r:ada baa 11 (a) (iv) is iD -S al some lffllion. Tllis is die inmP-~ betwem die City ad die HiilDricll Sacicty, be advi9ed. and we moe ._. abd by tlall'ID pall dill ilem. Mayac-Bmas left die dais ad abd Mayor Pio Trm Habe:uick ID cllair dlis por1ioa a{ die medillg. (i) lblsillg FIDIIIIZ Specialill Oriwa ........ a la: e F n ~Mioa frum die Englc'MIOd Hoasiag Audlority ID ldapc a Bill far an Onliaaace appnllViac die sale al a property dew:loped far l'nljecl BUD.D. Ms. Grimmelt advised dial dlis isjmt a ........... ..acr reqaesliag dial die property• 777 Wat Oxbd A-be appnMd far sale. Tbe pnlject IFas ._. c FjHed. Ille Slid. we uwe a camracl OD it and we -S IO be able IO clale CM die property. Tbe Depiily City Clat -alkcd to lad C-=il Bill No . 45 by title: COUNCIL Bll.L NO . 45, INlllODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING l1tE SALE ON l1tE OPEN MARKET OF A PROPERTY, WHIOf WAS DEVELOPED FOR lltE "BUllD" PROJECT. COUNCIL MEMaER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL aOL NO. '5 ON '111ST READING. Ayes: Council Members Nabbolz, Ciam:tt. Bradshaw. Habenic:bl, Waggoner Nays : Nolle Abllain : Mayac-Bums Absent: Council Member Capp Tbe IIIOlioa canicd. (ii) Dinaar Sunpma praimed a 11CC C m MMNW frum die Dqwrtmc:n( al Neipborllood and Busi-. Del el ' C ID ldapc a Bill far•~ WftMaa die pardlale. ads c:enaia 2a1III and coadicioas. oldie Depa: property frum die EIFpWOlld HmDrical Society. Mr. Suapaw aacd die City A::aney if clleR arc ay ma. City AC£onFey Bruczman aid chcR is a COIWCil qaacioa oa dli5. Council Mcllller Nabllolz aid die ..... c:larific:aliaa SIie .... if._ ----. .... .aled co be clcued lllp. Mr. 8IUSZaaa said £llis is aclllally die pardialc rn. die Hil£oric:al Society .... ._ ...... ., al,jeaicw co £llis oac by die Hil£oric:al Society or die Hoaiaa AIICllorily . Council MellFla Hallcllidll abd far clarific:lbce a lO MIida die ca "* oa £llis if die is a aaFlllcr a{ die Hiscoric:al Society. City A2£anFty ~ advilCd £iFI£ die -"*· Tbe Dq,uty City Clat .... aacd so lad Council Bill No . 46 by title: COUNCll. Bll.L NO. 46 , IJmlODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING PUllOIASE, UNDER CERTAIN TERMS AND CONDITIONS, OF 11IE DEPOT PROfERTY F1tOM ENGUWOOD HISTOIUCAL SOCIETY. COUNCIL IUIIKll UANIIAW IIOVD, ANa ff WAS SU'CNINa, TO Al'l'IIOYE AGENDA ffEII 11 (a) (I) -COUNCIL IIILL NO. 46 ON naST DAM11G. • ' .. •· • 0 ' -' ..... , , Englewood City Council August J, 1998 Pqc9 • ,. - • • Ayes: Nays: CGucil Mallllers Nabliolz. Gama, Bladlllaw, Habeaiclll, Wagaacr Noac Allllaia: Mayora.. Alllall: c-il Malba" Clapp The IIIOlioa carried. (iii) DiJeCIDr Suapma pr--.1 a 10 ~•• fiaa die Dqww al Ncqllborllaad wl Basiw De\ :I )II : ID adapl a Bill ilr aa Onliam:e lRl"M8& die cia:m1tF al Cily-oMled .al prapaty -.al pnipaty --by die Eap:wood Hoaillg Aadlority ..... a:ttaia term ad ; andli1.-.. Mr. Sillpma llicl 11111 cacll oae aldlelc n::1-. ID W aapecl aldle Depol pnipaty. o.e is b pardlaK aldle buildill&, oae is ilr die.,...., ad dlis oae is u odlattF al- aldlc patitl& --die Depol ilr ccapanlllc vahle pnipaties ... Sam laca and Soadl Acoma. he aplliaed. Rcpnlil!I die -Cow:il .eceiwd oa die bldt aldlc ........ paat, c:-:il Member Bradshaw llid, ill die dinl paragnpla. ii ays -. a EHA p.apaa, l'nljctt BUn.D -.Id llllll be requind ID med City policies, ud prucolures or llllljccl 10 Cily ovcnipl." She med wua dial .... Mr. Simpsoa n:spoaded !hat. under this paniadar affMll'IDCIM bec:allle we -using oaly l'nljctt BUil.D funds 10 acquiJe die Dcpol prapaty, tbcrc will be ao -City ~ and we will 8111 ~ dina CMnigbl aldlal prapam aay lcJDFr. II will be llllally a Hoaillg Alldlority pn,graa. They~ aade a commilJaem ID faUaw similar guiddiDcs dlal dley lla\'C in die plll ad COlllinae a -"ing td#ionship willl 111, but ii is mt ID say dley do DOt U\'C ID, he llicl. • The Dq,uly City Clerk -med ID tad CGUCil Bill No. 47 by lide: COUNCll. Bll.L NO. 47, INl1lODUCED BY COUNCD... MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING EXOIANOE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENCiLEWOOD HOUSING AtmlOIUTY UNDER CERTAIN TERMS AND <X>NDITIONS . COUNCIL MEMHR llllADSIIAW MOVED. AND IT WAS SECONDED. TO Al'l'llOVE AGENDA ITEM 11 (a) (Iii)-COUNCIL 9IU. NO. 47 ON '111ST HADING. Ayes: c-il Mallllers Nabllolz.. Gama, Bradaaw, Hallcaidll. w...,..- Nays: Noac Allllaia : Mayor ... Abeal: CGUCil Me'*r Clapp TIie ... carried. Mayor Burm telUliled llis polilioa oa die dais. (iv) C-.cil Bill No. 41-palled. (See .-.s 7 ad I .) (I,) Appn,wal al~ -Secaatl ..... 111cre-ao addiliaaal ileas ....... ..,_.. _ __. .--.. (See A.-Ilea 10- C--Aptla.) (c) .......... Maliaa ... ... •· • 0 • ~l pt i l i-(~i ~i 8>1 at !ll'f '1tlJcfilf~( l R' ~ I· i f l ,. , ! ~ ~ § l ~ ll g: f. f I !. I f if [ BJ -[ • t t J:~ 3 1 a if -(J~1 1i 1Pi~~~~I _ l f l E I '· I 1 ~ ii z S -iJ I :t .i t ~ t f .. ·· I " ~ l"f 11 I .. 1 1'1 . ~1· !ffi I ! J.4,(lf ,·1 ~iri•J!'"!i' i n· I ! ! ~ f f l r . •· i I , I e i({ [ffi I !!11 I, ,1 i l ~l)i !tllliiJ!lt iii ! I I ,111JI g~ ii ; JJ1! ll1'~1•l11· ,1 9 I I t II l:a ~g 1'i1 ' [1·~f1· ·1 · J! i t 111· •. i! i; ,· h1 li,MI 1 ·1 Ii J ' • I-!!~ iii :r!~j(!i'. I r rjlJ •1 ~s IJl 'Jrl1,l'1i 1J . I J: ·1 · J ~~ r :r J-·[l-111 ,i ~. I r f I a i 1'r~ r-iJ .;f 1' f.i ~ i h'· I ~ ·1f !! Uh it.tf , l I J 1 Ir I Ir I· JI Ii &' 'f' rJ .1 t t I ·, s f , ~ • 0 -. L...J !!f ig. i . r L...J I ,' I . . . ~~ ~ • a • , '- I - - • • - Englewood City Council August 3, 1998 Page II (ii) Mayor Buras rommeated 1h11 we llave bcCD F(ting a lot of publicity in tbc last couple of clays repnling tbc clemolitioe of CiadereUa City. 11leR is • clemolitioe c:dclnlioa IICbeduled far Aupll I... We llave bad bdicaplen boverill& _. tbc c:enla' • we came to wort toaigbt and a lot of rq,ocU. ID we aft F(ting a '!Jt of i-.at in wllll we aft doing with dial project. (iii) Mayor Buras said be has bis rcpon from tbc CML Conference tonight. (iv) Mayor Buras said be beard today 1h11 DeaYer bas wbal they call Mearty wting" in tbc primary. He 8*ed if we llave dial ia Englewood. Council Memller Nabholz said dial Anpaboe COllllly does allO, GUI in tbc 5200 block ofSoudl Federal Boulevard. (v) Mayor Buras n:miDdcd cvayonc lhat tomorrow night is National Night Out. He encourqed Council to pu1icipalic ia that, adding dial be bas about six places scheduled to go in lluee bows. (b) Council Member's Cboioe (i) Oluacil Member Nabholz : I . She 8*ed if Code Eafonlemenl bas g,ollCD their phones fixed yet. City Manager Sears said be spoke with Manager of lnfonaMion Services Diebold repntiag the phones. He said Mr. Diebold is 1IIUkiag with U.S . Wesa to a,mplc:le those impro.aaencs and they were moving quic:kly ahead with 1h11 uansfer. Ms . Nabholz said she bas bad awnerous calls today and it is real fnasuat.ing aot lO be able to get • hold of Code Enfonlemeal. 2. SIie said sbe woaderal if Council would be inleraled in domliag $25 .00 to tbc SK nm far tbc Alie Bendez Foe•acl#ion Laa ,ar we cloaltOII abcllll oae or i.o lllllldred dollars to tbc .,ar toumamea1, sbe said, apillillg dial it --ad be a aice .-.e • die City's 11111 to cloaale S25 .00. 3 . SIie 8*ed if we aft jull ID go ID block parties willlill -Dillric:t. or will dKft be a list. Mayor Buras said lie bas. list. He ......... tbal • c:aU Officer ....... City Mua,er Sears said tbal lie allO nmvcd a list and be will call Officer Pelersm in tbc aaniiag and 1ee if slle wl lead oae ID lier. •. Ms . Nabholz said Ille had • pal Salunlay • Belleview Pallt. 11leR -• lot of c:llildrea dKft and they deaned up behind bleacbers. Ille said. 11ley all had. fall time and it -Fad to -dlOle kids wort . (ii) Oluacil Member Gama: I . He said be would like ID -a rcpon ca DeaYer Walle Syaaa repntiag lepJ • well • political options. Not jull a pure lepJ analysis. but adicr paaillle acsioas and maybe a list of people we c:ould aJlllaCt. 2. The Unioa truck prablea is back lrilll 111, lie me t 1. He said be would like ID -wbll eafon:ement dl'oru we can aaike or llave beca aaillg. J . Mr. Gama adviSlld. a dlOle w11o fnlqua,s tbc Recn:ation Center. they -11ave a c:avenaas c:arpded -dial is FUii ID be a -, llice lilcility far he weipss • well • die macllines. Oil die doMI side, we llave beca milliq a foatll excn:ile bilr.c far alaDll a year-. ud tbc early atnillc pa,p would lillc ID llave it back, lie Slid. ' .. ,,; •· • 0 , • Englewood City Council August 3. 19911 Page 12 • 0 • ..... Mayor Bums advillCd that be has asked City Manager Sean 10 find out ifwe ever got the $10,000.00 aJlltribution back from Waste Management that Ibey withbcld. ••••• (iii) Council Member Waggoner: 1. He said be wa surprised that one of the earlier questions included the a,mmcnt Mespecially clue 10 the facl dial the CUlfflll no uuck siping on West Union A\'Cllue c:annot be enforced ." He asked if dial was a true Slalement. City Attomey Brotzman said Ibey are talking practical rather than legal . Mr. Waggoner asked if Ibey aui 't put police cars out there that are in disguise. Council Member Nabholz agRCd. adding that Ibey need to do that on Danmouth also . City Manager Sears said that Operations Division Chief Vandermce has tried to manage that issue . He asked Chief Vandermce 10 speak about it. Chief Vandcrmee advised that. dating back to when the restrictions wen: imposed. wc have spent a tremendous amount of efl'ort. assigning cars down there on a regular basis. One of the problems is that wc are not dealing with traffic that goes through there on a regular basis. Most of them are uucks from other c::ounties. Cenainly the a>nstruction at Belleview and Santa Fe inOuenccs it. and the traffic backs up on Santa Fe as a result of that. People start taking shon cuts. Council Member Waggoner said ifhc was a uucker and saw a police car sitting there, be would take another way, too . He asked ifwc can't put something out there and play some little games with them or something. Chief Vandermee said. from an enforcement penpcctive. be does 11111 fed it has anything to do with wbctbcr there is a pall'Ol car there. By the time Ibey scc a police car. Ibey are in harms way alrQdy, be advised. If Ibey have made the turn to go casdlound on Union from Federal. and WC have been sitting II Decatur or Clay, onc,c Ibey are there. Ibey are there. 1bcy cu't 11\'0id Ille COlllatl with the police II that point. Mayor Bums said Public Worts Dircclor Eltcrly spoke IINlUI this pRViously. that once you tum 111d tbcn ICC the sign. you can't tum around. He asked if there is a sip that call be put OUl there that you call - from Federal . Chief Vandennce said there is 11111.. there are no advaaa:d warning signs. and the Stale has frowned on it He said be inquired IINlUI it earlier, Ind there is-.thiaa about Ille Stale saying we cu't put any more sips oa there 10 cluacr up the inlcnec:tioa. 11111 is a pniblem. he said. ill terms al trying to manage the tratric . A lnlCk. for example, that is IOUlllbouad 1111 Federal that eaters iato the left tum 1w 10 go CIISlboulld 1111 Ullioa. if lie -Ille sip. -has two clloiccs ID aac. He cu aa11e a left lllnl aad go into a restricted-. or dmc oa Ille wnJ111 side oldie nm ID try aad .. Ndt aaoa die: ~ and merge with SOU1bbound traffic. 11e said. Chief v....ser-said 11e 1m been speadiJI& quite a bit a1 time down there Ind has not seen that as a plOblem . The tndt driwn lie Im aJMacllCd ,eauiady do aot !ICC the sign. are not familiar with the ara ud have DO idr:a that Ille ralric:1ioa cxisls. He said he has aot sccn anyone he would term a malicious offender, -doilta it jlm ID be 11a11y with die people wllo live there . Mayor Bums said he has 1ee11 sips in other municipalitia that say 110 left 111n1 aext block. He aid we really have a problem if wc can't warn aa,-that Ibey cu IIOI bin ia there. Cllicf v ..... ...-. but said he believes it is the Stale that ODlllrOls the sipqc oa Foderal aad i... aid ., -sip&. • "' - • •· • 0 - • • Englewood City Council August 3, 1998 Page 13 • • , . • Cooncil Member Bradshaw med if wc can quit warning and issue lickcts. Cbid Vandcrmec explained that tickets uw been issued. He med ber to keep in mind tbat the iaaDcc ol a IUIIUDOIIS to -.c from north Deaver, clocsn 't uw any impact oa -driving a Ind down there from Douglas County . The praacc ol a maibd policle car with its ligbts oa, bavill& IIDppDd a Ind. is the cletareat, wbcchcr a IUIIUDOIIS is issued or not. He said be fflCCiwd a ack ol lbout 250 to 300 pholDpapbs from Mary C:-U, a raiclenl oa West Union Avenue. He Slid be .all duaup them with a mapifyiag glaa and ideolificd every truck. He IClll them each a letler, advising them ol the violalioas and toliciting their a,operatioa. Cbid Vandcrmec Slid be got calls back from Wastc Manqement, Wards, Scan and 1n1Cb all ewer the Deaver ua saying they -mny and wwld pay ancntioa to that. Bui it is litcnlly lilrc changing the a,unc ol a river. Cooncil Member Nabbolz recalled that. at a meeting bclcl in June repnling the Danmoulh traffic, one ol the things lhat was brought out was lhat tickets arc not issued unless they arc going nine miles over the speed limit. Letters n:cci-S back indicated there were quite a few people who were upset. because that is a school mnc. She Slid the Judge bas informed her that if the officer writes Mscbool zoneM on the ticket, they automatically double the fine. So if it says 30. lmic:ally they can ID ~ on Dartmoulh llcforc a ticket is issued. Chief Vandenncc rcspoadcd that there is no pn:scribcd tolcnace b spoc,diag . Many officers. especially when they arc MIiting with radar. will givc-lalillldc b die opcnlioa oldie equipmcat, the c:iJountUna"S die llliludc ol the dri\'CI". and any number ol poials dial SIIIFII IO die officer when to write a-· Obviously . be said. our mission is wl-.y ,......i-a: 1Nlt dlcy arc DO( a,mpdlcd to wrile a ticket ualas dlcrc is a p,eviously established ,-1'llis aipl llc --ol a n:,quesa from c-il or a lluanl. or whalcwr, where we opcmc udcr a • lllla'-a: palicy. Speedil!I. by vinue ol lryills IO pnM die cleaeals olthe offense in c:owt. dlcy ,-nilly lllllilll ia -laliclMk:. Odlenrilc. ~is ..... dlll says you arc DO( going to p:t a ticket..._,---.•-· c-il Mclllla Nabllolz med City Allomcy 8--ifdlcy ..S IO do•.._ 10 ,-ec:t .... die ICilool -widt-lOlcraace. Mr. Braczmu ~ ..... .._ ....... -,, * Clllllld jllll Id 5my SclVic:a ~ and they will Clllblilll dmc -· Coua::il Mclllbcr Hlllmidll med if it was paaiblc ID -vidm ID aoailor die u.c:ls oa Wat Uaioll A~. City MauF° Scars~ dial vidm=---is a~-· He med Cllid' V..-.-if dais is --«l!iag dlcy lla\'C loaud • aloa& Uaioll A-. Cllid' V-*'-said dlcy rally llavea ·1. 11111 lie is --ol a -SC. law .,_... vidm lnffic Cllforteacal. wllidl lie is • familiar •1th . He Slid lie would lie llappy ID ,-di it. Mayor Bunls CIOlll--.t dial. if)'Ollcan 't lip Federal. you 'w got a lOllpjab. 2. CouDc:il McllO:r W...-, med ifdlcrc -.Id lie• ExeailiYc Scllioa after die ~ ID dilcuss a pn!pCl1y negotialioa. City Aaoncy 8raczmu illlF*d MitiJI& 011C -mcelill& before cloiag Ihm. Mayor Bums ..,... that WC still aced foecllldt from all die p.--.'S . Council Member Bradshaw med if there can be an ExeculiYc Scaion acx, Moaday , if die illb1allioa can be ready by then . Council Member Habcaicllt med if we were talkills lbout • Elllalivc Scllioa oa liliplioa. Cily AIIOnlcy Broun.a Slid Ihm is wllll lie w ,apoadi. ID. Ma)'or Bllrm lllked w1111 Caacil Mclllla "' - • . .. I· • 0 I Englewood City c.ouncil August 3, 1998 Page 14 • • • - Waggoner ns referring to. Mr. Wqaoner said it kind of 1111 to do with tbe Uaioa prublcm. but not quite tbe Uaioa problem. The pnipeny lqlllillioas Mayor Bums said be tllinb -could. CICl1ainly . City Managcr Scars allied ~ IO COlllider llaviaa llim put a lcaer lllplber, that per1lapl Mayor Bums could leDII ID Sbcridall. tbal would oadiDe die coacam dial -llflc. We could do this in tbe DCXt couple m days. be said. addiq tbal be docs aat tmw llow flllt dlcy arc ~ on this. 1bal would tbco become tbe basis b fillwe dilcuaioM, wl. II tbe W tilllc, -could do -m tbe Ol'.lcr clilCUISions relaled ID tbe sillllllion along Uaioa ud dlil pniperty, ad tllcll briag dial back ID Council, be said. Mayor Bums agreed tbal dial -a pod idea becallle it ilrms a bcacbmark b discussion. City Altorncy Bnllmml said. fnJm a llalr pcnpet1M. -will alto be looting II tbe memo that is bolh staff oricnled and 1cp1, and p111 m it will haw ExeculiYc Session implicalioas to it 13 . City Muaaer'1 ltepert (a) City Managcr Scars a>afirmc:d that. if it is okay with c.ouncil, be will put together a letter that be will ask Mayor Bums to send to Sbcriclan outlining tbe concerns. and then we will 1110YC from there. c.ouncil Member Bradshaw added that she is going to CXllllinuc to call Council members . City Manager Scars cncouragcd all of c.ouncil to do that. (b) City Manager Scars said there-a c:oncem raised a a,uplc mwccks back about weeds in tbe medians on Hampden and Belleview. He asked Parts and Rec:rcalion Director Black to repon on tbal. Diru:tor Black said Open Space Manager Lee 1111 ~ tbe illuc m tbe weeds along Broadway ad along Bcllmcw. T1lcrc 1111 been aaotbcr illuc rqarcliaa tbe wceds along Highway 21S west m Bruadway. Tlllt is plJt m tbe new CXlllb'aCl 1l'C jusl 8-*d ladly. A new c:iontrac10r will take aver tbe waintenaeoe on Sula Fe and Hipway 21S. be said. ud lie will w tbal tbe illuc is ~ quietly. (C) Cily MMIF° San cxprcaed ...,ncialicJa far die pat jab Direcl0r Black is doillg widt die Sas-Pragna. • •••• C.-il Mclllbcr Hlbclliclll llid dial ii is illlpaalM dial 1l'C ~ dial Tri-O&ics aeetiq wry -. ID addlal a11 au m ialel ia .. m *' 11, ad lad-..._._. t11rcc cities. Council Member Bradsllaw ~ dial it is allO illlpenlM dial Ncipborllood and Busi.a Daelopmcal. in their he time. .... tbe nmillc far opea ..-cc. City Managcr Scars said be will do a follow-up oa tbal. 14 . City Anomcy Brotzman did not haw any maacn ID bring bc:rore Council . ••••• ------' •· • 0 l - • , Ellglewood City Council Mpal, 1991 Plpl5 · ... • II - .. • e. • Mayor Baral «J am 2 111111,.,.. ,-lit ia die---. il ii W1Y uni ID liear. Thil sylflrm _. W1Y tiaay, Ill aid, ud die podila micnJpllaac ii .. pidmls l!p a wllalc lot. He aid lie bap:s WC ba\'C a ... «11ie art llOll!nmic:aCicw.,.. ia die Poley'•......_ 11c added..., if )'1111 apeak up, it llelpl. 15. M,INrs t MAYOR aURNS MOVD TO ADIOIJRN. 'l1le ........... al 1:46 p.a. t ' .. • • 0 -• ... • C. ·. • .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS AUGUST3,1118 NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAIIE ADDRESS ~~ t~-a.-~\\!) G~. ~\wu"-C>r:>§Si<:: :!>:59\ ~-]c.,e,t;\. ee,j \e!>ter bu.er:. LW\S::!),C..Vtr~ 0 ~8&:J f,'p£ e Jf-19 W Ll.v,·o,I lli11; u..J. T I CCS1GN1 ' TOPIC Ss,.rlS:B~t,d, +~v> (?p\ \ Yt G'rcrr«."J IQ~ 44.k_:t.,J: 1il,.11s fr-,e Re1111e ttles7c :!.T,o r. 11v . . •. • • 0 • • - ... . ' Raala..a T,..1111•rta11on Dlalltcl General Manager July 28, 1998 Mr. Gary Sears Englewood City Manager 3400 S. Elati Street Englewood , CO 80110-2304 DearMr.tt/s~ • • • (• 1600 !Malce S- Denver . Colorado 80202-1 399 303/828-9000 6' - n/) () •.• RlrD RECEIVED JUL 3 11998 CITY MANAGERS OFFICE ENGLEWOOD . COLORADO Thank you for your response to John Claflin 's letter regarding RTD concerns about the Cinderella City redevelopment project progress. I am aware that RTD and Englewood staff have been working for some time on issues related to our agreement. Mr. Claflin's letter should not have been interpreted to be inconsistent with the cooperative nature of previous staff discussions . It appeared to me that the letter simply outlined several issues yet to be resolved . In particular, it reiterated the essence of the agreement which was to have construction in progress to allow the timely completion of the required parking and bus transfer so vital to the successful implementation to the Southwest Corridor . I understand from Mr. Claflin that he conveyed RTD's concerns to your city council and they have approved the contract for demolition of the site and the actual work will begin August 3 , 1998. This action directly addresses our issues and keeps us on schedule to insure the timely completion of both the RTD's and the City of Englewood project goals . I've been assured that the remaining issues of funding and design approval have been discussed at length and that progress is also being made to clarify requirements for resolution. Please be assured that RTD feels that this transit-oriented development will be a focal point of the Southwest Corridor and we will certainly do our share to support the efforts of the City of Englewood in the redevelopment of the site. Again thank you for your letter and please let me know when I can be of further assistance . Sioei"9) (/ d~ Clar~ r£.e:: ( dC- General Manager cc : John Claflin , Assistant General Manager Ahmad Fazel. Sr . Manager of Engineering The Honorable Tom Burns , Mayor, City of Englewood GMRl3823 • • • 0 - - .. • • • • I• . • ' <. QUESTIONS CONCERNING THE DENVER WASTE TRANSFER STATION PLANNED UNIT DEVELOPMENT The Community Development Office of the City of Sheridan has infom1ed us that Denver Waste Systems plan a waste transfer station for the property just East of the Lake and West of the Platte River. o "' 'JJ .D v-.~ A Have E nglewood officials been involved with the City of Sheridan's decision to permit this Planned Unit Development for a waste transfer station '' To what extent has Englewood approved of this decision '' How much property does Englewood own in this Planned Unit Development proposal" We assume an Environmental Impact Study has been completed . Has tht: Impact Statement determined how this sensitive environmental area will be impacted" ,, - What does the Envi., nmental Impact Study propose to protect persons , property , waterways, open space , wetlands. lmderground water sources , and tht: t:nvironment , per se? I las the City of Englewood provided protection for its citi1.ens by pressing the City of Sheridan to provide ingress /egres for their Hea y lndw;trial District Planned Unit Development , especially due to the fact that the current --No Truck .. s igning on West Union A\'enue cannot be enforced . The indu stnal traffic from Sheridan 's existing industrial use has alrcad) impacted neighboring residential districts How does Sheridan plan to rou1e access for their expanded heavy industrial operation " 1 la,c the c1tw:ns Ii ing along West 1110n /\venue been advised as lO the propo sed land use and what Pl II) mean s'1 Why should thi s f ngk"ood C ommu111t~ already challenged by a Waste T ransfe r Station be the repositor~ for Metro Den er' s "aste' 1 • . • - ,.,· • • 0 - •. • ,.. • • ~ The stench from Waste Management 's Transfer Station is already bad . How will the stench of more rotting garbage and sewage effect the health and safety of those living nearby'7 Does the Environmental Impact Statement weigh the effect of 2 Waste Transfer Stations in close proximity , the additional traffic through nearby residential areas, the pollution . dust , noise , toxic hazards , stench, future property devaluation and perhaps land lost to contamination'.' Does it consider the run-off of chemicals into the Plane River (a drinking water source and recreational waterway,) and the leaching into the underground stream that feeds the lake. Is this Planned Unit Development to be built on part of an old landfill? If so , has the soil been tested for radioactive particles? Does the Planned Unit Development comply with all Federal Acts such as the Federal Water Pollution Act, The Clean Air Act, Resource Conservation and Recovery Act, and all other applicable Federal Regulations? . . ;- . ' • ' ~ . • • 0 r --I ]- - • laEWNI ..... -.. CHAMBER OF COMMERCE July 28''\ 1998 Mayor Tom Bums City Council Members GarySears City of Englewood 3400 S . Elati Street Englewood. CO 80 l l 0 Dear Council Members, • • • . . The Greater Englewood Chamber of Commerce would like to congratulate city council and city staff for your progress on the South Broadway Plan . You have taken an idea and through diligent effort brought forward a plan ready for implementation. In regards to concept we extc:nd our support of the current plan . We do however have concerns with specifics that will need to be addressed to encourage participation and success . Our concerns are the following: • Will matching funds and/or low interest loans be made available to assist participating businesses? • Will present zoning and ordinance& be viewed creatively to allow the plan to be. implemented as nccdcd? • Will consideration be given to permit businesses to kcq> landlcaping funds to improve/change exteriors and signage? • What process will be used to review new and creative ideas which a plan of this magnitude may create? As we see these concerns addressed we look forward to extending our full support. Again, we congratulate your efforts for your progress . Respectfully , Brian Yaklich Chairman of 770 West Hampden . #100 • Englewood . ColorodO 80110 • (303) 789-4473 • Fax (303) 789-0098 , . . •• • . .. ,,: • • 0 '-I - • .. 1. 2 . 3. 4 . ... Call to order. Invocation. • • (, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 3, 1998 7 :30P.M. ~or' ()fl'(\ Pledge of Allegiance. i~ Roll Call. '-, I 02w D 5 . n 1fJes . -:!)~a.I,, ~ Minutes from the Regular City Council meeting of July 20, 1998 ~' b. Minutes of the Special City Council meeting of July 27, 1998. ~. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 ~~~~-~~~w~ 8 . ~1,n~tlons. Proclamations. and Appointments . ,J!!5" 9. Public Hearing. (None scheduled) p 10. Consent Agenda. Approval of Ordinances on First Reading . p!/ a . b . Approval of Ordinances on Second Reading . ,tJ. •50 i . ~.is/ ii . fltl .t.5D iii . Council Bill No. 40, granting a Water Line Easement at Bates and Emerson . Council Bill No. 42, approving an Intergovernmental Agreement with the City d Sheridan regarding Landscaping on South Santa Fe Drive . Council Bill No . 43, appro1tlng the vacation d a Utility Easement In Lots 1 ·3, Belle Isle Gardens (2"" Filing). ,.._ noea: If yau twve a IIHtdllr and need....., alda • •lf1a11, ....... ..., .. Clly ol llcatsaNd (7U-240I} at 1Net 41 houn In......_ olwllM _.. .. ......_ ,,_. ,.,_ ' • . . L • r .. • • 0 • • - • • • 0 • Englewood City Council Agenda August 3, 1998 Page2 -~~iv. Council Bill No . 44, approving the vacation of a right-of-way in the 1800 block of West Cornell Avenue . Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, a contract for construction of Concrete Utility 98 . Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc. in the amount of $298,382.25. STAFF SOURCE: Charles Esterly, Director of Publlc Works. Regular Agenda. a . Approval of Ordinances on First Reading . Council Bill No. 45 -Recommendation from the Englewood Housing Authority to adopt a Bill for an O · ce approving the sale of a property developed for Project B CES: Cheryl St. Clalr, Executive Director of EHA Janet Grimmett, using Finance Speclallat. Ii) __ ./ _ iii . Council Bill No. 47 • Recommendation from the Department of Neighborhood t>JVU / ·i and Business Development to adopt a Bill for an Ordinance approving the IQ '0 ~ exchange of City-owned real property for ntal property owned by Englewood der certain terms and conditions. STAFF SOURCE: rector of Nelghbomood and Bualneu Development. Recommendation from the Department of Neighborhood and Business Development to adopt a BIU for an Ordinance approving the sale of the Depot Building to the Englewood Hlstortcal Society under an installment contract . STAFF SOURCE: Robert Slmpeon, Director of Neighbol'hood and Bualneu Development. b . Approval of Ordinances on Second Reading . c . Resolutions and Motions . Recommendation from the Department of Financial Services to adopt a resolution approving the appropriation and transfer of funds to the Englewood Urban Renewal Authority for legal services . STAFF SOURCE: Frank Gryglewlcz, Dlr9Ctor of Financial .... ..._ 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice . .. PINN nola: If you haw a dla1IIIIJ and Mecl 8lldary alda • • da 11, ....... nollfy .. City ol 11 ... aood (712-2405) at 1Net 41 howa In...__., ..... _.... .. ---. Tlalk ,-. .. , • • 0 , ]--- • • • • <, Englewood City Council Agenda A11g1,1st 3, 1998 Page3 13. City Manager's Report. a. Englewood Center Update . 14. City Attorney's Report . ~ Adjournment. The following minutes were transmitted to City Council between 7/17/98 -7/30/98: • Englewood Urban Renewal Authority annual meeting of February 4, 1998 • Englewood Housing Authority meeting of May 27, 1998 • Englewood Clean, Green and Proud Commission meeting of June 1 O, 1998 • Englewood Code Enforcement Advisory Committee meeting of June 17, 1998 PINN noee: •,...._••,,,..,and ....a....., ..... ••¥far,, ....... nomy .. ca, ol 11 ... •oad ('112-MGI) al lNat 41 IIOln In.._.. olwlwl ..._ .. ........_ "'-* ,au. • . • • 0 f ,.,.. I • 0 ,. - • ---- • ~ -=_ _j':iJ:_L _________ _ • _cfc114i:t;_j ~~ a; (U ·L, ~ 5J:.._ .AMd2 -r\ ... :---~ Lt~ -l111J) cJ-pJJ;;.(Ja,,~ -~ -~-b.«J.J --- • • . . . I· f 2 • C • • 0 ,. • ' • --()~/5/io --------- ------- -------- -:._ OL .. l'l!U -~ ii, )b.~-~-;n71. -~--. - ~-..• A -TJ.:.-:_ '"'~ __ ~/~-411~ --~~-I -=~_.(}.fl/ =-~·.:a.&.-o -<J.¥,h --~ ------ ------------- ----------- --.---------------. . -' . " . . I· • ' ]- • 1. Call to order. 2. Invocation . • • • .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 3, 1998 7:30P.M. 3 . Pledge of Allegiance . 4 . Roll Call . 5 . Minutes. a . Minutes from the Regular City Council meeting of July 20, 1998 b . Minutes of the Special City Council meeting of July 27, 1998. 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes .) 8. Communications , Proclamations . and Appointments. 9 . Public Hearing . (None scheduled) 10 . Consent Agenda. a . Approval of Ordinances on First Reading . b . Approval of Ordinances on Second Reading . i. ii . ii i. Council Bill No . 40, granting a Water Line Easement at Bates and Emerson . Council BIN No . 42 , approving an Intergovernmental Agreement with the City of Sheridan regarding Landlcaping on South Santa Fe Drive . Council Bill No . 43 , approving the vacation of a Utility Euement in Lola 1-3, Belle Ille Gardena (2"" FIHngj . PINN nala: N you haw a dl11)My and ...a....., ..... • •llt111, ....... lllltlfy .. Clly ol lllfllt oad (712·240ll• 1Net41 lloun ln ....... ol ................... ,..,... ... ,; •· • 0 , 2 I • ,,. . • t• • <. ' r Engl-ood City Council Agenda Augu1t 3, 1998 I Page2 11 . 12. iv . Council Bill No . 44 , approving the vacation of a right-of-way in the 1800 block of West Cornell Avenue . c . Resolutions and Motions. i. Recommendation from the Department of Public Works to approve , by motion, a contract for construction of Concrete Utility 98. Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc. in the amount of $298,382 .25. STAFF SOURCE: Charles Esterly, Director of Public Worka. Regular Agenda. a . Approval of Ordinances on First Reading . i. Council Bill No . 45 -Recommendation from the Englewood Housing Authority to adopt a Bill for an Ordinance approving the sale of a property developed for Project BUILD . STAFF SOURCES: Chet'yl SL Clair, Executive Director of EHA and Janet Grimmett, Housing Finance Specialist. ii. Council Bill No . 46 • Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the purchase , under certain terms and conditions, of the Depot property from Englewood Historical Society. STAFF SOURCE: Robert Simpson, Director of Neighborhood and Business DeV91opmenL iii . Council Bill No . 47 -Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the exchange of City-owned real property for real property owned by Englewood Housing Authority under certain terms and conditions. STAFF SOURCE: Robert Slmpeon, Dnctor of Neighborhood and BualnNa o.v.lopment. iv . Council Bill No . 48-Recommendation from the Department of Neighborhood and Business Development to adopt a BIii for an Ordinance approving the sale of the Depot Building to the Englewood Historical Society under an installment contract. STAFF SOURCE: Robert Simpson, Director of Neighborhood and Buslnea Development. b . Approval of Ordinances on Second Reading. c . Resolutions and Motions. i. Recommendation from the Department of Financial Services to adopt a resolution approving the appropriation and transfer of funds to the Englewood Urban Renewal Authority for legal services. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. General Discussion. a . Mayor's Choice. b . Council Members' Choice. P1NN nole: If you haw a clublllty and nwl M1Xllary.,. or---. plew nom, lhe Clly ol 11 ... wood (712-24CII} .......... hours In advance of ..... ..,,... ... IINdecl. ,.... ,au. .. • • • 0 , ~? I -• • ~ • ' <. Englewood City Council Agenda August 3, 1998 Pagel 13 . City Manager's Report . a . Englewood Center Update . 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council between 7/17/98 -7/'J0/98 : • Englewood Urban Renewal Authority annual meeting of February 4, 1998 • Englewood Housing Authority meeting of May 27, 1998 • Englewood Clean, Green and Proud Commission meeting of June 10, 1998 • Englewood Code Enforcement Advisory Committee meeting of June 17, 1998 "~ ....... nole: • you .... ,,, ,., ........ euxllary .... • 41111, ..... nolfy .. Clly ol 11 ... •ood (712•2«11) ...................... o1 ..................... 1-*,au. , . • . .. • • 0 , I • -•. • • . . • .. • August 17, 1998 R~.;;;,;uncP!)i;;ting • •