Loading...
HomeMy WebLinkAbout1998-02-17 (Regular) Meeting Agenda• • • I• • . . .. REGULAR CITY COUNCIL MEETING FEBRUARY 17, 1998 ODIUIIC& ~ Y' 11, lt, H, J_l _, ____ .,_ R£S0LUTION I~~~~~,>", 49, SO, 51, 52, Sl •. • .. 0 • ., •· • 0 f _7 x l -• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Feltnary 17, 19'8 The regular meeting of the Englewood City Council was called to order by Mayor Bums at 8 :00 p. m. 2 ......... The inwcalion was pen by Council Member Nabholz. 3. 1'Wae fll Allqilett The PlcdF fll Allegiuae WIS led by Mayor Bums . 4 . ...c ... Present: Ablent : A quorum was paeat. -. .. 5. Miatel Council Members Nabbolz, Clapp. Garrett. Bradshaw, Habenicht. Waggoner, Bums None City Mlnqer Sears City Attonley Biounan City Clerk Ellis Planning eom-ity Coordinator Stiu Director l!llelty, Nllic Works Director Si111p11111. Neigllborllood and Busincs ~dopmcnt Director Gtyglcwic:z, Filmlcill Savices Engineering Ml-,er Kahan (a) COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'l'llOVE THE MINUTES or THE HGULAR MEEnNG OF n•RUAllY 2, 19'1. Ayes : Council Members Nlbbolz. 0urett. Bradshaw. Habenicht. Wagoner, Clapp, Buns Nays : None There weR no IChedulcd visitors. 7. ,, -. , I • • 0 • Englewood City Council February 17, 1998 Pagel .. • 0 , . • (a) Norwood McFarland said he wanted to see how he could get this thing straightened out with the Police Depanment, because he is not getting any results with all this harassment going on down at his mother's place at 2290 Vallejo Street: He said they do have some people who have moved in across the street from his house, but the cops have been to his house, a week ago since Sunday . But. he noted. when he went back to that police station over hen:, this Friday past, to try to get things straightened out by the officer, they started harassing him at his mother's house. But this cop would not take any word from his mother, from him, and he tried to tell him to get the heck out of the station over hen:. down the block and he noted, Cooncil knows when: that is at. But, he said, he doesn't know what to tell Cooncil, that he has these people over hen: that are causing problems with him and calling the cops on him and he is not doing anything to those people. Mr. McFarland advised he is working for a gendeman, he has a barber shop, but his father owns that house. but he has found out what the people an: causing the problem and harassing other people on then:. But. he stated, he is not doing anything to those people, he doesn't even know who those people an: in that house when he comes home from his job. So, he advised, this is the second time he has called the cops and they came to his house and tried to tell him that they want no pan of it. Because these people try to tell him that he is showing his finger at them . Mr . McFarland said he can 't explain it , that he can't even go over to that space down then: and talk to the Police Depanment in the right way to get this thing clear out of his system. He said he got the paper to go lo coon on March 4th . He noted with his condition. with his seizures, that lie gets all worked up about this dam thing and he is setting tired of it. This is the second.. since five years ago, when he was kicked by another gendeman that lived down by his place. And they never did anything lo that person, he got away with this whole situation. He reiterated he can't explain it to Council . He said he knows Al Stanley no longer worts for that department, that Chris Olson has taken his place and he was all mixed up since last Friday. Mr. McFarland stated he didn't get the officer's name, but that he was dressed up in a tie and a suit and he got real cocky over then:. He said he swears to God, that he doesn't know what kind of officers we have, that you cannot talk to the people in this world today . He can 'I treat the people and tell you to get out of this station, that he doesn't want any pan of it. What they are hen: for and they an: getting paid by us. the taxpayers and he does not think it is right what they an: doing to us . He said he should file a complaint against the Police Department, to get this thing off' his back, with these people down here harassed at him . Mr. McFarland maintained he does not even know what they look like, they are in the house all the time, but they can look out the window over then: ... and he doesn't need to look at them ... but they call the cops on him again. But, he said, he is hoping Cooncil can talk to the chief of police to find out what this is all about . He noted his name and address is on the sign up sheet, but then: is no phone number. He offered to give the clerk hi business card. Or he saill they can contact his mother and ask for him or he can send Council a letter. Mayor Bums advised Mr. McFarland that he can send Cooncil a letter and if he wanted to leave his card he can also do that. Mr. McFarland said he knows, but this life is too shon to be fighting all of the time. So, he said, he doesn't know what it is all about down there, he swears . He stated he cannot even walk out of his mother's house and walk down to the bus 5IOp in the daytime to get his bus with all this harassing him . And the cops come down then: and stan causing him and giving him this ticket for him lO come back to coon . He noted he has the sheet right in his pocket. right hen:. when he is supposed to come in . Mayor Bums advised he will have to appear on that but if wanted to write a leuer. he can do that, and Cooncil can refer that for a report from the police dcpanment . Mr. McFarland said right, then: are no charges or anything, but this is what happened ... they called his mother on the phone and .... he said, he takes that back, that they called the Police Department and told him he took the bag against that dog up then:. He said the dog had never been out in the yard ... that he doesn't even know who they an:. What happened was he got home at a quarter to five and the police depanment came to his mother's house around 6 :30 last Sunday. 11ley came banging on his mother's door and he didn 't know who he was . He found out he was an Englewood police officer, who told him what he did to that dog, that he hit that dog in the face . Mr. McFarland maintained that that dog was not even in his yard when he came home from the sboppin& "ntcr. He said "I IWCII' to God to you, I am not even lyina to you ." But this is the second time this is going on in his mother's yard for the last five years now . They have been down in that place 36 years staning in September. But, he said, he is just hoping they don 't have all this .. . - • • 0 T II • En&lewood City Council Febniary 17, 1998 Pagel (. • 0 , . • problem with the police department coming down all the time. He stated his mother can't be running out of her house, that she has a bad heart condition. She has a bad heart and has been in the hospital three times now by the paramedics here, by the Englewood Fire Depanment. He advised he is living with her. but he is hoping it doesn't happen again . But he talked to the people at the front . up around the front. and they told him to put it in writing or come to the hearing and explain it to Council in person. Mayor Bums told him that Council appreciates the fact that he has come and if he wanted to write a letter he should feel free to do that. Council Member Bradshaw encouraged Mr. McFarland to leave his card . Mr. McFarland said he would leave his card, but that he hoped they could do this for him. that he would appreciate it very much. He thanked Council. (b) Rohen D ' Amico, Regional Manager for Waste Management Inc., advised they have a facility at 2400 West Union Avenue in Englewood . He noted that Council will consider Council Bill No . 12 tonight. which would place some restrictions on Union Avenue and west of Clay Street. as the ordinance is wriucn . He said he would like to oft'er some input on that proposed ordinance, from Waste Management's perspective. Mr. D ' Amico advised that he has been the Regional Manager here in Denver for about ten years and he is very familiar with the facility . As a matter offact, he said. one of his first associations with Wasae Management elates back to 1980 when that facility was originally constructed. Obviously, he noted. their tl5C of Union Avenue does put truck traffic on that section of Union Avenue . from Santa Fe Drive to Federal . He said he would like to clarify their operation for Council . He stated they actually have two operations at the Union Avenue facility. 11iey base their truck neet there. which consists of about 100 vehicles. but they also operate a transfer facility and a recycling facility and he thought they have had the opportunity to have some of Council there in the past . In connection with the transfer and recycle facility they do accep( public traffic, both at the transfer station and for people depositing their recyclables for processing. Mr. D' Amico advised they were in to talk to Gary Sears and Chuck Esterly last week about the proposed ordinance and thl.'Y discussed some possible alternatives. He said they were encouraged to come in and offer some input and they welcome the opportunity to do that . He stated they appreciate the concerns of the residents on Union Avenue. especially those residents that actually front Union Avenue. He acknowledged there is a lot of heavy truck traffic on that stretch of Union Avenue. He said they have. in fact. routed all of their trucks from Union Avenue. cast to Santa Fe . 11iey have instructed their heavy route trucks. their refuse collection vehicles. to use that route . Periodically they will have a truck that comes in from Federal Boulevard and they continue to police that within their own Rect , because they are sensitive to this issue and, he said. he thought this issue has been before Councilkfllic. What lhcy are primarily concerned about are the restrictions that are being currently considered. He advised that they think they are much too low. The average refuse vehicle weighs approximately 35,000 pounds. He said they think if Council would focus on the type of vehicles that they really want to exclude from that portion of Union Avenue, that we could end up with a solution that they could be comfonable with. Mr. D' Amico advised that they really do not want their heavy trucks traversing that area of Union Avenue anyway, they realize there are some safety issues there. There is a part just to the nonh of Union Avenue there, it is quite common to have children in the area. So it makes good business sense for them to keep their own heavy refuse vehicles off that street . But , he noted , with the traffic they generate at both the transfer station and the recycling facility , it is common for them to have vehicles in the 20,000 pound range that are not large trucks. not what you would think of as refuse trucks, that utilize their facility . He said they have a lot of traffic that consists of construction contractors that bring their demolition debris into the facility . 11iey also have stake bed trucks. roofing contractors and the customers who use the recycling facility . So. he said, they think a limit in the range of20,000 pounds would be much more realistic. Mr. D ' Amico advised that he just happened to sec the ordinance a few minutes before he came up, and the way it is currently written it appears to him that it would exclude virtually all vehicles other than a pickup truck, from using Union Avenue between Clay and Federal . He said he was not sure that was the intent of this Council to do that . He noted that a couple of other points he would like to make is that, just having been at the facility on a weekly basis. it seems that since they staned construction, or reconstruction. of the Belleview/Santa Fe intersection. they have had a lot more •. .. ., • • 0 - - • Ell&lewood City Council Ji'ebnaary 17, 1998 .• , ' ... • • (• • traffic on Union A'\'Cnuc than they had previously. He commcnled that he suspectS when that intersection is completed that some of the traffic that is currently using Union A'\'Cnuc will probably be back on Santa Fe. So, he said, he would ena,uragc: Council to consider that if they arc going to put this restriction in place. From the business standpoint it would be much mon: wortablc if they wailed until that particular intcnection is completed. He stated he would also suggest that Council might want to consider a traffic study to deCcrminc exactly what impact on directing the traffic to the cast will have on the Santa Fe Union intencction. That section was recently improved, with some significant improvements. as they have improwd Santa Fe Dri'\'C . But, he noced. they arc going to add a lot of traffic to that intersection . He advised they arc conccmcd about some of the congcslion that could de'\'Clop there. that they have some backups for the traffic lights. He opined that a traffic study may. in fact, help Council make the right decision in tenns of what level of weight restrictions they want to consiclcr on Union Avenue . He stated tbollC arc the primal)' commcots he wanted to make tonight and he ukcd that they consider them when they clclibcnde Council Bill No . 12. (a) . .uetlCI' from Amcmarie Leonard indicating her resignation from the Englewood Public Library Board w considcrcd. COUNCIL MEMBER IIAIIENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OJI' AMEMARIE LEONARD FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Council Member Habenicht thanked Ms. Leonard for her scrvia:. Motion carried. Ayes : Council Members Nabbolz. Gurcu, Bradshaw. Habenicht, Waggoner. Clapp, Bums Nays : Nolle (b) A letter from Ed Soulliere indicaling his rcsignalion from the Englewood Urban Renewal Authority -consideral. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OJI' ED SOUUBRE FROM TRI: l:NGUWOOD UUAN RENEWAL AUTHORITY. Motion carried. (c) considcn,d. Ayes : Council Members Nabbolz. Ouren. Bradshaw. Habenicht , Waggoner, Clapp, Bums Nays : Nolle A resolution appointing Carol Belt to the Englewood Urban Renewal Authority was The resolution wu aaipcd a number and read by title: RES0Ll1ll0N NO . 43, SERIES OF 19911 A RES0Ll1110N APPOINTING CAROL BELT TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO ,, -. , I ... • • I ]- - • Ensiewood City Council Febnaary 17, 1998 Pqe5 ·, ,, • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) -RESOLUTION NO. '3, SERDS OF 1'91 Motion carried. Ayes : Council Members Nabbolz. Garrett. Bradshaw, Habenicht, Waggoncr, Clapp, Bums Nays : None Mayor Bums presented the raolutioll, a certificale and City pin to Ms . Belt. (d) A raolution appointing Rebert Lindsey as a liaison to the Englewood Urban RcncwaJ Authority -Clllllidered . The rellllulioa -....... -..lier ... rad by title : RESOUmON NO. 44, SERIES OF 1991 A~ ROBERT LINDSEY AS A LIAISON TO 11fE URBAN RENEWAL AU'l1IORITY FOR 111EC11Y OF ENGLEWOOD , COLORADO COUNCIL IIUlaEll WAGGONU MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I(') -USOLUTION NO. 44, SERIES OF 1"' Ayes: Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoncr, Clapp, Bums Nays : None Mayor Bums prelCllled the iaolulioa, a celtific:aR and City pin to Mr. Lindley. (c) A rellllution reappointing Rabin Weddle to the Englewood Urban Rc-.1 Authority -Clllllidcred . The relDlution -...... awambcr and rad by title : -RESOLUTION NO . 4', SERIES OF 1998 A RESOLllnON REAPPOINl1NO ROBIN WEDDLE TO 1liE URBAN RENEW AL Alfl'HORJTY FOR 1liE CllY OF ENGLEWOOD, COLORADO COUNCIL MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (e) -RESOLUTION NO. 45. SERIES or 1"' Motion carried . Ayes : Council Members Nllbbolz. Garrett. Bradshaw, Habenicht , Waggoner, Clapp, Bums Nays : None 9. Polk Beariaa (a) Mayor Bums notod lllis ii a public hearing to plhcr citizen inpul on South Subwtlan's Plaued Unit~ a ...... mcnt for Comcnloec Past COlllinucd fnlm January 19, 1998. . , •, I .. • • 0 Englewood City Cooncil Febniary 17, 1998 Page6 ~. • • - COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBUC IIEARING TO GATHER CITIZEN INPUT ON SOUTH SUBURBAN'S PLANNED UNIT DEVELOPMENT AMENDMENT FOR CORNERSTONE PARK. Ayes : Council Members Nabholz, Garrett, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing opened. All testimony was given under oath. Planning Community Coordinator Stitt advised that this is a continuation of a public hearing that was continued from January 19, 1998, to consider an amendment to the Planned Development for Cornerstone Park. He &Wed that at the time of the continuation in January there were several issues brought forward for consideration by the IWI' and Council. He said be would like to rq,ort tonight that, from a land use standpoint, those issues have been resolved. The condition that the Planning Commission placed upon the Planned Development has been incorporated into the park . That being that the skate park should be SUJTOUDded by a miniamn six foot high security fence with a locking gate. Additionally, the Planning Commission also made thlec n:commendations for Council's consideration of this Planned Development amcndmcnt.1'hosc being pcdcslrian access af4lic southeast corner of the site at Prentice and Hickory. to consider the impacts of vehicle headlights on the sunounding neighborhoods when they arc in the parking areas and to mitigate those impacts. and consideration of the lighting of the parking lots in the park, by a lighting study, to mitigate the impacts on adjacent properties. He advised that all of those issues have been taken care of. Additionally, be stated, there was a request from Council that they review the 1993 traffic study to determine if the proposed chanp to the park would generate additional traffic and hence require modifications to the surrounding streets and parking aieas. Mr. Stitt said be has a letter from Aldridge Transportation Consultants, which was submitted to his office today. advising that the revisions to the Planned Development do not significantly impact the original traffic study done in 1993 . He advised be also has a memo from our Public Works Department that concurs with those conclusions. So , be stated. from that standpoint, they believe the traff'ic issues have been resolved . Mr. Stin advised that if Council has any other questions. pertaining to the land use aspects of this Planned Development. be would be happy to answer those . Council Membcu • I midlt asked if dlis proposed chansc affects any change in any of the other lighting in the dcvclopmcnt. Mr. Stitt said no, that the existing lighting will remain as it is. He advised that the conccm that was cxprcaed at the Planning Commission public bearing was that. clue to the proximity of the propolCd changes to the park, the lkale park and the in-line hockey . tbcrc was oonccm thal the adjacent rcsidcntial propatics might be impacted by the light. So the Planning Commission recommended that a lig)lling study be undertaken to show what the illumination lcvcls would be off the site from those lights. He noted if it would be too great the illumination would be changed, either the lights reduced in intensity or the height of the lights nxluced. But. be advised. the study has shown that the amount of light spilling off the site is negligible and should not impact adjacent residential properties. And, Council Member Habenicht said, the fact that on the CW1'Cnt dcvclopmcnt there is light that is negatively impacting other residential propcnics, isn 't addressed in this planned use. Mr. Stitt said be was not sure be understood which light she was referring to. Ms . Habenicht staled that Council keeps getting complaints about the ball fields, for example, and the rcsidcntial areas in Englewood that arc suffering from light pollution there. Mr. Stitt &Wed that the issue before the Planning Commission was the amendment to the southern ponion of the park and ii did not involve the softball flClcls on the north side of Bcllcvicw . So, be said, the lighting study did not addias those particular issues . . ' t .. • • 0 1- Englewood City CINlncil Febnaary 17, 1998 Page7 <. • • • .... Council Member Clapp asked what time they close the park. Mr. Stitt said he thought it was 10 :00 p .m. but, he noted, she might want to direct that question to the South Subulban representatives here tonight. Mayor Bums noted we previously made: a record of notices being published and so forth and this is a continued hearing. Mr. Stitt said that is right. Dave Lorenz, Executive Director of South Subwban Parks and Recreation District, 6631 South University Boulevard, passed out an intergovernmental agreement which was authorized by their board at the last public hearing. This agreement would allow Englewood residents South Suburban rates at the miniature golf course and baiting cages at Cornerstone Park. South Suburban residents, in return, would get Englewood resident raleli at the swimming pool Englewood is planning to build near the Home Lumber site. Mr. Lorenz advised that we jointly agree to have our Slaffs wort cooperatively to create sufficient parting for the fourth ball field they would like to build, as well as for the swimming complex the City is planning to build. In addition, he said. he has handed Council a letter whereby South Suburban is agreeing to pay Englewood $8,000 per year for City services to Cornerstone Park. as it was taken off the tax rolls when it was acquired by South Suburban. Also, as identiflCd earlier. he noted. he included a letter from their"11ffic engineer, which he believes addresses the concerns that were raised by Council in the previous meeting. Mr. Loreaz said he hopes that with these agreements Council will move quickly, as quickly as poasible, to approve their revised nmter plan for Cornerstone Park. so they can construct in- line hockey and a skate board park. He staled he believes that this cooperative agreement between our two entities, when entered into, will only benefit the citi:zcns of both communities and that our dream of jointly ~ng a cmuaJ park for all people of the area. regardless of which taxing entity they happen to live in, will be realized. In response to Mayor Bums, City Attorney Brotzman advised that the intergovernmental agreement will a,mc back to Council, in ordinance form. II the next meeting. Mayor Bums noled, for the ~ they had I IIIClding. thal he, Council Member Bradshaw, Council Mcmba' Wagoner and Slaff met with-olSoulh Suburban's board members. in an ancm;,t to wort OUI Ille qllCllicllll we had about ~ in lieu al taxes and residcnl ntles. He opined it was I very pradllc:ti\'C mming and • a rmalt lhcre has been an excllaale ol lcaers since. and now this Ullap'el1IIDCDI agmacl't. TIie idea beiq to wort this OUI bdwcen our entitie5, by agreement, and to tnO\'C alad •idl II II 9lbaltlul's put, 1k ** put and also something Souah Suburban has wanted for IIOIDC time, an extra ball field, and we CXlllld have -extra parting. Mayor Bums COIIUIICIIICd that he is \'CIY plcued dial we have been Ible to wort on this as sua:essfully as he thinks we have . This will CllllllC back to Council, al tbc next meeting. in tbc form of an ordinance to adopc this agreement . He poilllad OUI dial other Couacil members can comment in the meantime. but he thinks we have tbc basis of an ag. tC here and liukly he ii wry plcued with it. Mayor Bums advised Mr. Lorenz that they appreciate bis c::ooperalion and thal al bis bolnl mcmhers. Council Member Clipp lllked wlull time they clole Cornentone. Mr. Lorenz advised that their curfew in the parks is 11 :00 p.m ., but on the lighted ball fields they try to finish the games by 10 :00 p .m . to allow people to leave. He nolcd ii is the same with the minillure golf course. they try to close that down about 10:00p.m . There were no further questions and there was no one dsc present to speak to the issue . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING TO GATHER C111Z£N INPUT ON SOUTH SUBUUAN'S PLANNED UNIT DEVELOPMENT AMENDMENT FOR CORNERSTONE PAlllt Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenicht. _.----..-~ ---' I .. ·- • • 0 - - • Enckwood City Council Febnaary 17, 1998 Pagel . ' • • • Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing closed. I • Mayor Burns advised that the matter will come back to Council. for their vote. at the next meeting, both the intergovernmental agreement and the PUD . Council Member Waggoner said he assumed, regarding the intergovcrnmc:ntal agn:ernent. that Council will receive a recommendation from staff. City Manager Scars advised that that is correct . 10. (a) Approval of Ordinances on Fint Reading COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ud (Ii) ON FIRST READING. '(i) ,.. COUNCIL BILI. NO. 8, IN"raODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 136 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (ii) COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING T111..E 12, CHAPTERS IB AND 2, OF llfE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EXTENSIONS . Vate-'11: ..,. ~ Oluncil Members Nabholz, Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (') (I) ad (ii) ON SECOND READING. (i) ORDINANCE NO. 16, SERIES OF 1998 (COUNCIL BILL NO . I. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITI.E 16, CHAPIBR 4, SECTION 17 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 16-4,17 AND ENACTING A NEW TITLE 16 . CHAPTER 4, SECTION 17. ENTITI.ED FENCES , WALLS AND VISUAL BARRIERS . (ii) ORDINANCE NO. 17, SERIES OF 1998 (COUNCIL BILL NO . 9 . INTRODUCED BY COUNCIL MEMBER NABHOLZ) ·~~ ... .,.-,1,·: ,,,_ ., . ,, ~ . - • . ~ .. • • 0 - • En&kwood City CCN1ncil Febnaary 17, 1998 Pqe8 ' • • • Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing closcil . , . Mayor Bums advised that the matter will come back to Council, for their vote, at the next meeting, both the intergovernmental agreement and the PUD . Council Member Waggoner said he assumed, regarding the intergovernmental agreement, that Council will receive a recommendation from staff. City Manager Sears advised that that is correct . IO . (a) Approval of'Onlinanocs on Finl Reading COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) ud (II} ON FIRST READING. (i) .• . COUNCIL BILl. NO. 11. INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 136 TO THE SOUTHGATE SANITATION DIS11UCT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN 1llE D1S11UCT BOUNDARIES . (ii) COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER HABENICHT A BIU. FOR AN ORDINANCE AMENDING TmE 12, CHAPTERS IB AND 2. OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EXTENSIONS . V•raalb: ._ ..-,.: Council Members Nabholz. Garrett , Bradshaw . Habenicht. Waggoner. Clapp, Burns Nays : None Motion carried. (b) Approval ofOnlinanocs on Second Reading COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i) ud (II) ON SECOND READING. (i) ORDINANCE NO . 16, SERIES OF 1998 (COUNCIL BILL NO . I, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING Tln.E 16, CHAPTER 4, SECTION 17 . OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TmE 16-4-17 AND ENACTING A NEW TITLE 16, CHAPTER 4, SECTION 17 . ENTITI.ED FENCES , WALLS AND VISUAL BARRIERS . (ii) ORDINANCE NO . 17, SERIES OF 1998 (COUNCIL BILL NO . 9 . INTRODUCED BY COUNCIL MEMBER NABHOLZ) • I ~ ..... ',_,,· t t . -4-~ • . I .. • • 0 - - • • E•&lewood City Council li'ebnary 17, 1991 ..• , . ' ,, • • • AN ORDINANCE AUTIIORIZING llfE LEASE OF A PORTION OF A BUILDING LOCATED AT 2909 SOUTII BROADWAY BY llfE CITY OF ENGLEWOOD . Voteraaltl: Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. (c) Resolutions and Motions There were DO additional resolutions or motions submitted for approval . (Sec Agenda Item 11 ( c) - Regular Agenda.) 11 . Replar Apda (a) ApplllMII of Onlinanccs on First R.cading (i) Director Eslcrly plllClltcd a recommendation from the Dcpanmcnt of Public Worts to adopt a bill for an onlinance revising truck rou1c designation on West Union Avenue. He advilcd that the inlent of the propmcd onlinance is to cwaridc the traffic engineer and rctn1M: the truck route designation from a portion of West Union Avenue only. As written, the ordinance leaves the restriction of truck weights to the discretion of the traffic engineer. Mr. Esterly advised that they an: asking that Couocil approve the onlinance on first reading and set a public hearing for March 16, 1998. The City Clerk was asked to read Council Bill No. 12 by title : COUNCIL BIU. NO. 12, Il'mtODUCED BY COUNCIL MEMBER BRADSHAW A IIIU. FOR AN C.OINANCE REMOVING THAT PORTION OF UNION A VENUE FROM FEDEllAL BOULEY ARD TO Cl.A Y STREET FROM THE DESIGNATION OF A TRUCK ROIJI'E IN THE CITY OF aa.£WOQD, COLORADO . COUNCU. MEIDER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCU. alLL NO. 12 ON ffllST HADING AND TO SET A puauc llliRING TO GATHER CfflUN INPUT ON REVISING THE TRUCK ROUTE DESIGNATION ON WEST UNION AVENUI fOR MARCH 16, lMI AT 7:JO P.M. Motion carried . (b) Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht, Wagooer, Clapp, Bums Nays : None Approval of Onlinanccs on Second R.cading There were DO additional items submitted for approval on ICICOlld rcadillg. (Sec Agenda Item IO (b)- Colllent Agenda.) (c) Resolutions and Motions • • 0 - J - • • Ea&lewood City Council li'ebnaary 17, 1991 Pase9 <, • • • AN ORDINANCE AUllfORIZING TIIE LEASE OF A PORTION OF A BUILDING LOCATED AT 2909 SOU1H BROADWAY BY TIIE CITY OF ENGLEWOOD . Voteraaltl: Motion carried. (c) Ayes: Council Membcn Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Resolutions and Motions Tberc were no additional resolutions or motions submitted for approval . (See Agenda Item 11 (c) - Regular Agenda.) II . llqldarApda (a) ApplVVIII or Ordinances on Finl Reading (i) Dim:tor Esterly i-otcd a reoommendation from the Department or Public Worts to adopt a bill for an ordinance revising tnd route designation on West Union Avenue . He advi9cd that the intent ortbe propolcd ordinance is to ovaridc the traffic engineer and reDIO\'C tbe tJUck route designation from a portion of West Union Avenue only. As written. the ordinance leaves the restriction of truck weights to the discretion of the traffic engineer. Mr. Esterly advised that they are asking that Council approve tbe ordinance on firsl reading and set a public hearing for March 16. 1998 . 1be City Clerk was asked to read Council Bill No. 12 by title : COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER BRADSHAW A &ILL FOR AN ORDINANCE REMOVING lllAT PORTION OF UNION A VENUE FROM FEDERAL BOULEY ARD TO a.A Y STREET FROM nm DESIGNATION OF A TRUCK ROUTE IN nm CITY OF ...-.SWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 12 ON mtST READING AND TO SET A PUBLIC BEARING TO GATHER Cl11ZEN INPUT ON UVISING THE TRUCK ROUTE DESIGNATION ON WEST UNION AVENUE ,OR MARCH 16, 1991 AT 7:30 P.M. Motion carried . {b) Ayes : Council Membcn Nabholz, Garrett. Bradshaw, Habenicht , Wqgooer, Clapp, Bums Nays : None There were no additional items submitted for approval on lCICOIICI readiag. (See Agenda Item 10 (b)- Coosent Agenda.) (c) Resolutions and Motions •. • . /. .. • • 0 - • • En&lewood City C1N1ncil Febnaary 17, 1998 Page 10 (' • 0 I • • (i) Director Simpson pn:senled a recommendation from the Neighborhood and Business Development Department to adopt a resolution approving an Encroachment Agreement for a retaining wall at 4096 South Cherokee . He advised that this is an appeal for an Encroachment Agreemenl and that Encroachment Agreements, for the City of Englewood. arc typically administrative agreements that allow foe use of public rigbl-d-way for a variety of things. such as signs or walls or fences . They arc n,quind IO meet cenain criteria before they arc granted and they arc required to be reviewed by the Dircctor of Public Worts and the Dircctor of Neighborhood and Business Development. In this panicular case, he said, this Encroachment Agreement was going through the system and it was nol approved becausc the wall was not in the a>rrcct location. It was denied by the Dircctor of Public Works. He advised that Ms. Swanson, the applicant for this Encroachment Agreement. was in attendance tonight, if they would like to speak with her. Mr. Simpson explained that because this is an appeal there is no staff recommendation and staff is seeking resolution from Council . Mayor Bums asked about the status of notice of violation. Mr. Simpson said that Ms. Swanson was before the a>urt and m:eived notice to proceed to a>rrcct the violation. This reqllCSI for appeal is her allempl to not do that. He explained that the situation is that a wall was buill, directly adjaccnl lo the sidewalk. We require that thoac walls be built one foot back from the sidewalk. He noted that. as Council mighl have read from the backgroud. theft were a series of difficult ciraunsaances thal lead up 10 this and 1his panicular<egnlCIIICllt does IIOI meet the criteria. Ms . SW3IIIOII has chosen lo pursue lhis roulc and she is seeking dircction from Council . Council Member Bradshaw asked about the rationale behind the wall being one foot off of the sidewalk . Mr. Simpson advised she probably needs to direct 1ha1 question 10 Public Works. He noted he 1hough1 everyone was in attendance tonight to answer mos1 of Council 's qllCSlions . He a>mmcnled that. from a Neighborhood and Business Development standpoint. they didn 't sec significant problems. But, he said, he thought it was a safety issue from a Public Works standpoint, more than anything. Director Esterly said he could address it IO some extent, but in fact it is a City Council ordinance that requires the one foot. Pan of the rationale, he advised, and particularly in a location like this, where the sidewalk is~ narrow , is that it doesn't allow you to actually utilize the full width of the sidewalk. If you arc right up againsl the wall as you arc walking down the sidewalk. your arms and shoulders can 't negotiate the sidewalk . Mr. Esterly pointed out that it is a significant encroacluncnt on the use of the facility and it isalllally a lldativdy narrow sidewalk at this location, too. Council Member Bradshaw a>mmcnted that it is exceptionally narrow in that one pan . Mr. Esterly noted it is not exceptionally narrow , that actually there arc other locations around this area where encroachments like this have either been allowed or just occurred without a permit and there has been no enforcement action taken and they arc typically on sidewalks that arc wider than this one. In response to Council Member Bradshaw. Director Esterly advised that this is two and a halffcct. MayOI' Bums a>mmcnted that one of the notes says that Neighborhood and Business Development staff reviewed the Encroachment Agreement and finds it will have no negative impact on the neighborhood. and it will not adversely affect adjacent property. He asked exactly what docs that mean . Again . Director Simpson said, their criteria is fairly limited and he thought Public Works reviews it mostly from the distance and location. He advised that, from their standpoint. their Encroachment Agreements arc really not defined all that well and when they look at Encroachment Agreements they want to make sure thal generally they arc revocable if they need to be and that they don 't impair development of adjacent properties. He advised that this one docs not . He added that they try to make sure 1hey don 't create situations for the City that can 't be resolved at a later date. Mr. Simpson stated that. from their standpoint. this docsn 't 1CC111 to have a negative impact on the a>mmunity ... from their saandpoint. He stated that is why this is before Council ... because it takes two to make that decision and they arc not in agrccmcnt. He noted that is okay . ' •. • • 0 - • • Englewood City Council Fdn11ary 17, 1998 Page 11 • • • Council Member Waggoner asked, even when a wall is one foot behind, if there isn 'I a requiremenl that ii be sloped one foot back away from the sidewalk. Director Esterly advised that since we are doing an encroachment permit there are sort of exceptions and they are done on a case by case basis. In some cases they are sloping back and in other cases they are very short walls. He commented that a two and half foot sidewalk may be okay for an able bodied person to walk down there, but you get into a situation where somebody is trying to manipulate a wheelchair and Slay on the sidc:walk, with elbows out ... it just doesn 't give any room for a person like that to make use of the sidewalk . Council Member Habenicht asked.if the neighbors have been contacted, if there has been any concerns in the neighborhood about this ... pro or con. Director Simpson said not that they are aware of. Mayor Bums noted that the way this BB"JCIIICRt reads it is revocable at will by the City. Director Simpaon explained that all Encroachment Agn,cmcnts are revocable at will, because of the fact that there is use of public right-d-way ... if for some reason we need to take that space back. In other words, c-ncil Member Habenicht said. if we approve this we would be approving that we could also unapprow: it wlicae\icr we wan&cd to. Director Simpaon advised that is correct, that one of the things that comes with this ... ia dlis partiallar cue ... that he thaugbt, in the next few years. we would be seeking to wideo that pm1icular sueet. He asked Director Esterly if that was correct . Mr. Esterly said tha1 he docsn 't have that infOIDlllion in front of him. Bue basically, he advised. the concept of just letting them do it and rewking ii taler on, is diffiaalt because at this point in time, by gran1ing the encroachment pennit you are cacowaging them to expend a significant amount of money on creating a structure. To undo that later on, he noted, you arc asking them to remove the structure. which they paid to put up, which they would again pay to take down . He pointed out that it is a little different if we were talking about Paul's Ralaurana and he wants to have an encroachment that allows him to put up an awning oul in the llrClct. The cost for him to remow: that awning is negligible . Bue. he commented, in this case you have a wall that is running the entire lateral length of the street Council Member Habalichl asked if it is true that it is already there . Director Esterly advised it is under COllllnlClion. Council Member Wagoner noted it is not complelcd. Mr. Esterly stated there is a portion of it there . He advilcd llley havc laaonlmd to Slap wort on it. Council Member Nabholz asked if there are any Olhcr retaining walls in the neighborhood similar to that Director Eslcrly said yes there are . Council Member Bradshaw quellioacd if they are within that one fool. Director Esterly stated that the retaining walls they have sccn havc had a different width of sidewalk in place at those locations and to his knowlcdgc no one has researched whether they have are pennitted or not. They are physically there. Council Member Waggoner said with a wider siclcwalk . Mr. Esterly st.atcd that the other locations are with wider sidewalks. Council Member Habenicht asked how much of it is already consuueted. Director Esterly said he does not know, that he hasn't been OUI there recently to tour the site. He suggeslcd that perhaps the property owner could answer those questions . Council was advised that 20% has already been constructed. Council Member Waggoner noted lllll is not much. Council Member Bradshaw asked. hypothetically. if we were 10 ask the people to remove the wall 1ha1 is constructed. would they be advised u to the possible width of that llrClct, so they would only have to deal with this once. She ukcd if llilaff" would tell them. If there were plans in the worts to change this street somehow, Ms . Bradshaw said, she docsn 't want them to have to build the wall twice. Director Esterly " ,: I • . ' ' . . I - • • - • • Ea&kwood City Cwncil Febnaary 17, 1998 Page 12 <. • 0 • Slated if there were plans in the wor1ts lo widen the strccl, more typically we would wind up being in the widening business ourselves. Ms. Bradshaw said whal she is uying lo say is, if the wall is construcled, within these rules that we have here, would the City come back in five years and ask them 10 knock the wall down, because of the street improvement. Director Esterly Slated he cannot tell her at this point in time. He said be cloesn 't believe this strccl is scheduled for an improvement in the next five years. Council Member Bradshaw asked about the next ten years. Mr. Esterly advised they do a Five Year Plan. Then, Council Member Nabholz said, it is not in the Five Year Plan. Mr. Esterly said ii is not in the Five Year Plan for an improvement. Mayor Bums noted that he is a little confused by looking at it, exactly where the encroachment is. Council Member Waggoner indicated it is all the way next to the sidewalk. Mayor Bums asked if ii is all along the wall. Council Member Clapp advised that she drove by this today and ii was hard to see the front of it, but she could see the side of it on Oxford. On Oxford, she noted, you have the newer, wider sidewalk and then on the front you have the very nanow . So on lhe busiest part of the walkway you do have plenty of room. lben, she said. it appeared 10 her that ii narrows in the rron1 or1he propeny . Mayor Bums uud llow bigh they plan to go . He was advised it will be 30 inches. Council Member Hlbenic:llt said tlml if is 20% compldcd, what would be the problem for anybody who is involved in this pn,jcct, to grant the encroachment for jusl the part they have completed. Director Simpson advi9ed they can't, because it is the foundation that is 20-/o complete and in order 10 get comcted it would have to be put back one foot . Ms. Habenicht said then ii is the encroachment part that is complete. Mr. Simpson Slated that is right Directing her question lo Mr. Esterly, Council Member Bradshaw wanted lo know if they asked this resident lo comply with the letters from Public Works, would Ibey be coming back 10 this person in the future and asking them to lake the wall down. Director Esterly advised they could, that lhal is part or the Encroachment Agreement, that we could come back to them if we wanted to make any improvement 10 the strccl wbalsoevcr, and at their COSI they would remove the wall. He Slated that is true or any Encroacbment Agreement that we appnwe . Council Member Bradshaw thanked him for the answer. Council Member Gama allcd, if they buih it one foot back from the sidewalk. they move the wall back and the City thcavi1ew the street and the wall needs to be removed, would that be the City 's COSI . Director SimplOII said no. Mr. Garrdt said it is not encroaching. Mr. Simpson explained that they are meeting the criteria of the Encroachment Agrc,emcnt, it is still within the public right~f-way. So, Council Member Bradshaw said, either way, if they continue lo build the wall. Ibey still might have 10 tear it down and if they follow our rules they may have to tear it down. Director Simpson said potentially. Director Esterly advised they could, that we could require either one to be taken down. He commented that he thought we have -precedent in the past, where we might assume some responsibility for rea,nstructing that if ii was part of a large widening project. But we are not required to do that. Council Member Habenicht asked if this foot were not an issue, if this would be an improvement or would ii be something that would be an eyesore . Director Simpson advised that that is where he came in to the situation. Council Member Bradshaw asked that he tell them. Mr. Simpson Slated that he would tell Council that he thinks ii becomes an improvement, aesthetically ii is an improvement . Bui, Council Member Waggoner pointed out. ii is difficull for people 10 walk on a two fool eight walk with a wall right beside the back of the sidewalk . Yes, Council Member Bradshaw said. and it is difficult ror kids 10 ride bicycles ... that is a concern . ,,. - I • • 0 , - • En&lewood City Council Ji'ebniary 17, 1991 Pqell (. • • t• • \. Council Member Clapp said that she wanted to get some clarification. She noted we have talked about widening lhe stm:ts and those possibilities, but she wondered about sidewalks . She asked if there are any plans to widen lhe sidewalk . Director Esterly advised that we do noc have a program in place throughout the City 1h11 would routinely widen sidewalks. If wc were widening this strecl, he staled. we would go 10 a different sidewalk section, probably, ifwe had enough right-a-way. Council Member Habenicht asked if there isn't a bike lane somewhcR there on Oxford. Council Member Waggoner IIOICd that tricycles don 'I usually ride in bike lanes. Ms. Habenicht questioned how we can accommodate these little kids. The resolution was assigned a number and read by title : RES0Ltm0N NO. 46, SERIES OF 1998 A RESOLIJl10N AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ENGLEWOOD 'S RIGHT-OF-WAY FOR A RETAINING WALL AT 4096 SOUTH CHEROKEE STREET. COUNCIL MEM8U<IIABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE ~ AGENDA ITEM 11 (c) (i) -RESOWTION NO. 46, SERIES OF 1998. Motion c:arricd . Ayes : Couacil MemlJen Nabllolz, Garrett, Bradshaw, Habenicht , Clapp, Bums Nays : Council Member Waggoner (ii) Dim:tor Gryglewicz presented a recommendation from the Department of Financial Services adopt a resolution declaring lhe intent of lhe City of Englewood 10 reimburse ilSClf with proc::ecds of a future bonvwing for capital outlays at lhe Safety Services communication center. He explained that this resolution declares lhe intent of lhe City of Englewood to reimburse itself for the costs that are currently being expended on lhe communication system, at lhe newly constructed communication ccnlcr. Normally when WC CXlllllrUct a capital project, he said, WC borrow lhe money first and then COIIIIJUCt. He adviled 1h11 wbal we are doing is baving lbc IOftware and hardware installed and paying it in inaancnts.• Al lhe cad mlllll wc ~borrow lhe funds to reimburse lhe City . • Mayor Bums asked about lhe lilalUS of this project. as he thought it was suppose to be operational in March. Dim:tor Gryglcwicz advised that is should be completed by lhe end of this summer . Mayor Bums CIOllllllmled it was last fall, then it was March and now it is at lhe end of lhe summer . Mr. Gryglewicz said he can '1 answer lhe questions on lhe complexity of this project, but basically all of lhe software is being developed, all the data is being converted. it is all cusaom software, it all has to be tested and pcoplc need to be trained. That. he advued. is lhe reason why it is taking so long to get ii up and running and make sure its is 100-le before ii goes on-line . He staled that al the end of lhe process the City will probably issue, basically, a lease purchase agreement on this equipment . City Manager Sears SWCld they can give Council a status rc:pon because it has been going on a while. But. he said, communication systems arc rcally complex to tnnsfcr. He reiterated they should give Council an updated n:pol1 CAI that. Council Member Nabholz said that she would appfflciatc that, that she served on that Task Force and she hasn't heard about it in a while. The resolution was assigned a number and read by title : ,. - ' . ' . • I • • 0 • • ] • • Englewood City Council Febnaary 17, 1998 Page 14 RESOLtrnON NO. 47, SERIES OF 1998 • • , . • A RESOLUTION OF THE CITY OF ENGLEWOOD. COLORADO DECLARJNG ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A FUTURE TAXABLE ORT AX - EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES TO BE UNDERTAKEN BY THE CITY; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWl11-I . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. 47, SERIES OF 1998. Motion carried. Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None -4iii) Director Gryglewicz prc:sc:nted a recommendation from the Dcpanment of Financial ServiQ:S to adopt a resolution applOVing a supplemental appropriation and transfer of funds from the Capital Projects Fund and General Fund to the Englewood Environmental Foundation. Inc . He staled that. actually. the funds for this projcCI will be transferred in whole from the unreserved. undesignaled funds in the General Fund, to the Englewood Environmental Foundation. Inc . in the amount ofS62S,OOO. Earlier this evening. he noted. Council met with the potential architect and these monies would be lnUISfemd there as needed. He Slated they will not be transferred all at once. they will be lnUISferrcd as they are needed in the Foundation . Mayor Bums noted they did have a presentation by Mr . Tryba and he found it quite impressive. He opined that we have to handle our monies carefully and we had many queslions for them as far as their duties arc concerned . Bui, he said, he thought it was a favorable resolution, that we need to move ahead on the Foley's building. Council Member Ganett noted it is a two llep procas. where we are going to have a 30 to JS day evaluation for an holllly rate and if that is sua:cssful and we 1111M: forward, then we will have another pica:. And this iltlDe one group of monies, • opposed to two piea:s of monies. which. he stated, is the pan he doesn't understand. City Manager Sears noted that Mr. Rick Kahm can probably review that. But. he said. in essence we are proposing that the money be given lo the Foundation with the intention of hiring Tryba as the architect. And, he explained, that covered within that S62S.OOO , is the initial phase of this. a 30 day review of the feasibility of the project . He asked Mr. Kahm lo talk about that in a little bit more detail and what that entails. Engineering Manager Kahm advised that the first phase is a feasibility phase and David Tryba talked about. this evening al Study Session, looking al the building and looking al the mechanical and electrical . But, he Slated. a bigger issue than that, that he will be getting into. is the programming and functioning of the building. Mr. Kahm maintained that they need lo be looking at issues during that lime frame . such as . can we put the courts in that building with the ocher uses and can it be elfcctive. will the building accommodate those type of mixed uses and get us those separations and those types of thinr. Mr. Kahm advised that his breakdown for that first phase is $2 3,SOO and the idea is that by March 20 we would have enough infonnation 10 come back 10 Council and say that we think we can make those fuoclions work together in the building, that they make sense, and that the overall project makes economical sense . ,,. - • I .. • • 0 I 1- • • Enpewood City Council Febnaary 17, 1998 Pace ts • 0 • Council Member Bradshaw asked what the $625,000 goes for. Mr. Kahm advised that that takes us all the way through the project. Ms. Bradshaw asked if that will go to build out. Mr. Kahm said absolutely. that includes the preliminary phase, the schematic phase and then you get into all of your design. which would be done by mid-summer. And 25°/o of that fee is the construction, administration phase of the project. So, he noted, that takes him all the way through the project. it is a complete contract . Council Member Garrett said that it is his undcrslanding that $23,500 gets us this preliminary review and then we will have to look at a contract and approve the contract . He commented that it seems they should only be moving $23,500 !Oday, and then ifwe go IO final contract then we move the rest . Council Member Bradshaw agreed . Din:ctor Giyglewicz advised that this approves the entire appropriation. But, as they have done with the Foundation before. they have only moved money from the City General Funds as needed to the Foundation and they have updaled Council with reports on their expenses periodically. So. he stated. they would not expend that money without Council's knowledge. Essentially, CouacilMember Waggoner said. they would approve the full transfer now. but they will only do it as needed. Dircclor Giyglewicz stated that is right. And if, Council Member Habenicht asked, you decide you want to do something after Council said they didn't want to, could Council stop them and take the money back. Mr. Kahm responded affirmatively. Council Member Bradshaw noted she was son of confused based on that presentation and she asked if Mr. Kahm could clear it up. Because, she stated. he said that then he goes to a percent of the construction cost. Mr. Kahm advised that his overall contract is at $625,000 and that is based on a percentage of construction and what they have done with him is negotiate his contract . His original proposal was about S 125,000 higher than where it is setting today . But, his contract calls for a fee of 8 Y,% based on a $5 million construction contract. If it goes up to as high as $7 million his fee drops, on that next $2 million. drops to 7 Y,% and if we wen: to go above $7 million on construction his fee drops to 6 V,%. So . Mr. Kahm stated, it is a sliding scale, the larger the project. the smaller his fee . Council Member Bradshaw noted the percentage is smaller, but she docs not know if that is a smaller fee . Mr. Kahm acknowledged it is a smaller pen:cnlagC. He advucd that typically this is the way these type of projects work and the $625,000 is hued• the S7 million COIISlNClion project . Mr. Kahm advised they have talked with David Tryba extensively and they have written the number of$6 million in the contract and it can be changed by mutual agrccmcnt But, he noted, we have a provision in there that. if he designs a project that comes in bid higher than what we have approved, then he redesigns the project to come up with a project that can be built within our budget. Council Member Bradshaw asked if this is just for the City Hall, just the Foley's building. Mr. Kahln said yes . Mayor Burns commented that several cities have decided that courts should not be in the city hall . but rather with the police administration building or something like that. He said he knows that Lakewood and Littleton arc doing that. He asked what if we should decide the courts should go somewhere else and then we have another cost to have that. Mayor Bums asked if they were taking all of that into considention. Mr. Kahm stated that is what these first 30 days will tell us, that it will tell us whether this makes sense or if we should be looking at something totally diff'en:nt. He noted that the Foley building is a one acre footprint, with the landscaping around it that is two acres and with the parking requirements it is five and a half acres. So this starts to become IO % of the project, and as we go forward it may be determined that with the grade diff'en:ntial over then: and the fact that this is at elevation 7.Cro and the light rail station is 250 feet away at elevation 18 and you stan dealing with grades and all . that it may be . . .. ' ' ' I • • I - • • • • E•&lewood City Council llebnaary 17, 1998 Pqel6 cldennined that this doesn't make sense. Mr. Kahm opined that the 30 days will tell us that. So, Council Member Bndsbaw said, we will have those answers in Man:h. Mr. Kabm mled tbal is a critical answer 10 have for your developer, as well. Sooner or later we have 10 clcciclc what is going into this project and it is critical that we have those answers by March 20..,. City Ma-., Sean advilml Mr. Kahm that the question Council is asking, which he wasn't sure he UDdentood either, was if Council oould give authomatioa up to a certain level, $23,000 or $30,000 or whalew:r, for the finl phase and then come back to transfer the additional funds for the second phase without impeaiog the CXllltnCt that you have put toptber with them . Mr. Kahm staled that the contract is IClually for $625,000 ia pbaling and we can termiaale the COlltr1lcl at any point. So, io dfect, if Council goes forward with this finl plme. wblc:h is $23,500, that that is all they would be expending until Council pw them further approval. So, Ille advi-. what Dirmor Gryglewicz is saying that Council is ~ the cxpenditlft. but the money DIMI' mows to the fOIIIMlllion . So, he said. Council is really llllldng tbal clecilioo March ~. wblc:h is a Friday and the day they put in his a,ntract . The l'Cllllulioa -. ...,., • 8111111,cr and rad by title: RESOUmON NO. 41, SERIES OF 1991 A RESOLUTION FOR 11IE TRANSFER OF FUNDS FROM 11IE GENERAL FUND TO nlE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . COUNCO. MEIDU WAGCONl:R MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (W) -RUOLIJ110N NO. 41. SERIES 01119'1. COUNCO. MEIDER allADSBAW MOVED, AND rr WAS SECONDED, TO AMEND THE RESOLUTION TO CHANGE 5'25.111 TO $25.111, ON AN AS NEEDED aASIS. Coucil Mamer Nabllolz aid lhc tbougbt tbll was real smart. Theo. CouaciJ Mellllller ln:1 h " noted. they will aec wllal tllle 30 days tells them and then they oould audlaria NOOc•• ....... CouaciJ Mamer Hllleaic:lll lllfed Ille wollld pnilllbly lean towanll tbll. CXapl when they -doing the earlier pllw al leaillg up tllle COlplll1llion ud doing w al the llllow-.p kinds al tlup tbal nccdcd to done, with tyiq up the ends al tllle ..,.illiaM ud all altbll. dlll we did a similar kind al resolution and Ille dloupl it -beaeftcial to their beiag able IO ..,.ilille in our bell intaat. Ms . Habenicht advilCd that Ille felt comfbrllble with the l'CIOIUlioD • its p,acaled. Mayor Bur111 qreed and comDICDfod dial lie doesn 't tllillk it mallel that much dift'erenl:e . When they say they would CDIIIC back IO CouaciJ .. any fla1lller tnmllers alluadl. he ..... iftbll was right . Mr. Kahm advilCd dial they arc oal apadiDa more du tllle $23.500 --CouaciJ dcli,a, after 30 days, 10 go forwanl with the projed ... llllllllltcly. Ma,-............... UICl'CIIICIIII after tbll. ...... they go IO tllle full c:oallKl, wollld tilley CW back IO Coucil b ..... iacr f lJ after dial . Mr . Kaluo adYiaed dlll tllle ClllmKl is lllalrea ialO piecm, for i-..z tllle IClleallic plmc is 10% or 15% ol the ownll fee and tllle Cllllllnlcdall ............. aa tllle tail cad -25% altllle CMlall fee . So, he noted, it is bnlllcD iato tbale pieces. • • 0 - Ea&lewood Chy Couacil ll'ebraary 17, 1998 Pqe17 ·"· • • • Mayor Burns asked if Council approves the oontract if we go beyond the initial phase . Mr. Kahln stated that Council would authoriu the Foundation to go forward. But, Mayor Burns said, they also have a contnct they are going to sign. Mr. Kahm said that is oonect. Council Member Bradshaw oommented that they are going to sign a contract for $625 ,000 . Mr. Kahm said yes. But, Ms. Bradshaw said, you an: only going to spend $23,'°°. Mr. KahJn stated they an: only ll)ing to do the first, $23,'°° phase . So, Ms. Bradshaw IIOled. they bavc to bavc this resolution so they can show him they bavc the money to sign the contract. She emphasized that she doesn't like being over • banel like that. Council Member Wagoner noted they can't sign the contract unless Council approves $625,000 ... you have to revile the oonttact If you don't trust staff', you don't applO\'C it, if you trust staff you approve it. Council Member Bradshaw commealed that she doesn't know if it is that simple. Council Member Habenicht said that is what she wanted to ask ... what we giveth. can we taketh back . City Manager Scars SWed that oae suggestion is that the Council authorize the expenditure. with also authorizalion of the first phase of the project and then you don't really gel into the money . And afterthe int phase is done, then they come back to City Council and try 10 figure out whether the second. third and fourth phases all go together or whether 10 break those into pieces or not . Al that point in time , be said, they could a,me back to Council to say lets proceed with the next oouplc of phases. So , be noted. you would athori7.C the funds, but basically Council is then authorizing specific phases of the contract . Basically, he said, approval of the agreement, with the first phase approval as being the only approval given . So, Council Member Bradshaw said, we are authorizing the signing of a contract they haven 't seen became the Fouadalioll is doing that type of llUff. City Manager Scars stated the Foundation does that . Ms. Bradshaw 8*cd why we did the Foundalion . City Attorney Brotzman advised it was to put an extra hunlle in any envuaameata1 lilbility and since they own the property. ii now would make sense. that the O'Mla' would be birillg die an:llilcct. BIil. Council Member Bradshaw said, ii is our money . Mr. ~ said t1III ii CllffeCt. c.ouacil Mc • WIii' DH ailed for die qucllioa OIi the amendmeal. V• nalll•dle I I f I t: Ayes : COIIIICil Mcmben Nlbllolz, Garrett. Bradshaw Nays : Council Members Habenicht, Waggoner, Clapp, Burns Motion defeated . Council Member Wagoner called for the question on the resolution . Voteraaltloadle ........ ..,._.I rt doaNa.'8: Ayes : Council Members Nabhol z, Gumt. Bradshaw. Habenicht . Wagoner, Clapp, Bums Nays : None Motion carried. (iv) Director Simpson pracnted a recommendation from the Oeputment of Busincu Development to approve, by motion, the Miller/Kitchell Pn*\ldopmcnl Agreement . . ' I • • 0 Ea&lewood City Council Febnaary 17, 1998 Pace 11 <. • 0 • Mayor Burns advised that he asked City Attorney Brotzman about this earlier, to explain exactly what we are doing here, because this is not a full development agreement. Director Simpson advised that this is the period of time, that is a 180 day period of time, that we have defined ... Council Member Bradshaw asked ifit is 180 or 90 . Several Council Members said 90. Mr. Simpson stated there is a 180 day prcdevelopment period that allows for a development plan to be created. And, he said, that is being created baled on Council's December ts"' direct.ion for that conceptual TOD plan. He advised that this contract calls out for six clements. six TOD's. Transit Oriented Developments elements. to be considered in the dcvdopmcnt plan. It also calls for a 90 day pop-up period. that would require the developer and our owner's reps to come forward to present to Council an opponunity to find out whether this project, using as much as possible, the six Transit Oriented Development principles. whether it was financially feasible, tenant appn,vablc and included those TOD clements. City Attorney Brotzman IUgesled that on all three of these IIIO(ions, to make it clearer, if they would add, after by motion, add the words "the City Manager to finalize ." He pointed OU1 they don 't have a final agreement on any of' thcsc yet . These are all in draft form. he said, and they need to finalize all of these agreements. He advised that they don't even have a draft of the Miller/Kitchell agreement yet . Mr. Brotzman cxplai-S that what &hey are really apprming is City Manager Ga,y Sears to finalize these three agreements. Council Member Habenicht said that she wanted to clarify I.hat these arc the three agreements they discussed at the Study Session and that Council is rccommcnding that they go ahead with the agreements as they understand them to be. To be finalized by the City Manager based on what all of Council understands it to be. She was advised that that was com:ct . Council Member Waggoner noted it is kind of a concept agreement. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, FOR THE CITY MANAGER TO nNAUZ.E THE PREDIVELOPMENT AGREEMENT WITH MILLER/KITCHELL Ayes : Nays: Motion carried . Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Burns None (v) A nx:ommcndation from the Department of Business Development to approve. by motion. the Citiventurc As1ociatcs Agreement was coasiclcml . Council Member Bradshaw llalal she had a question on this one. She asked if this includes l)c,cpwalcr Point Company also . Director Simpson said yes it would . So, Council Member Bradshaw said, then the total is S 12.SOO for both . Director Simpson said no. it is a consultant contract to act as owner's reps that would include Marilee Utter and Tim l...conard to act as our owner's reps . It is I cap ofS12.SOO per month for those services. City Manager Scars said this is for all of the consultants within their group. It was noted they will be within thal umbrella. E,ia:pt . Council Member Waggoner said, for Calthorpc. Director Simpson said yes. that 1s I separate issue. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, FOR THE CITY MANAGER TO nNAUZE THE AGREEMENT WITH CITIVENTIIU ASSOCIATES.. Coullcil Member Wauoacr mm1DCD4al dial wllca )'QU lol* ll lhis o,pniZ#ioNI diapUI it jull lCCIIII like there is too much sa-:e between our City Manager and the clevdoper. He noted we have I lot of' pc,oplc in there and a lot of time consumed just going from one pany to the other. He swcd that it just ' ... • • 0 - • • Englewood City Council February 17, 1998 Page 19 • 0 • seems like, to him, that we are duplicating services somewhere. Mayor Burns asked if this is linear or son of side by side. City Manager Sears acknowledged that is a legitimate, real concern. He said he has had a discussion with Tim Leonard, Marilee Utter and Bob Simpson and he thought their intent was that they were going to separate themselves from the developer or the way they were going to work with the developer and kind of be the representatives through them. And, he advised, he disagreed with that. Mr. Sears Slated he agrees, that if there is something the developer can't come to some conclusion on, if there is something he can't wort through them on, then he needs to come see him. the City Manager. and then they need to wort as a team to try to resolve the situation. City Manager Sears stated that he made that clear to Tim Leonard, because he has the ability to go over his head to Council on some basis, if again, it is of impact to this development. He pointed out they all just want to make the development the best that they can, but on a day to day basis, he doesn't really see that he is going to be working with Skip Miller. as he sees that that would really be their responsibility. Mr. Sears advised that what he has asked Bob Simpson to do, and asked them to do, is focus on issues that will be of concern, as this gets developed . Such as parting, the transportation that goes through there. the way the Plua worts. and the Foley's typeS of things. He noted there are probably six or seven issues and on those issues he would see them working pretty much as a team. Council Member Habenicht asked City Mauger Sears if he felt the direction would be clear if Council passes this motion. Mr. Sears stated Council could add some language into that motion, if they would like to, that says that Council feels that the developer should also be present as a panicipant with the City Manager. He opined that would be fine . He commented that since they had that meeting he didn 't get them to review that, but that is his intent on how this is going to come together. Basically. Council Member Bradshaw said, what we have is a City team and the developer 's team . She was advised that that was right. So, Council Member Waggoner said, there is not a big bunch of people in between . Council Member Bradshaw commenled that we are just all on the same team. Mr. Waggoner said then it doesn't take ten days to go from one end to the other. Council Member Bradshaw asked how long it should take. Director Simpson advised it shouldn't take but about two minutes, which is a telephone call. Comal Member Waggoner 5lalCd he has some questions he is concerned about. He said he doesn't know whether it bas been cxplaiaed to Council, by either of the teams ... that he knows they talked about selling pads at the last alllling.Oling this and doing that ... but that he is not clear who is going to own this property after we are all done. One time. he noted. they talked about uansferring the ownership. because they didn't want the City to be owner for any period of time, because of liability and the cost. and now we are talking about selling pads or we have talked about selling pads. He asked who will own this propeny after this is all done. Director Simpson Slated that it has been the intent as we have continued forward that we own the parting within the entire project . That has been kind of the intent since our beginning and it still remains that way . Council Member Waggoner asked who owns the pads. the buildings. Mr. Simpson advised that the pads may be owned by the developer or the individual tenants. Then. Mr. Waggoner asked. how do we assure ounclvcs that we are going to keep this area in good repair and looking nice without an overall owner, either. be it the City or be it the developer, or a bomeowncr's association type of thing. He questioned how we can guarantee ourselves that. Actually. Director Simpson advised, those are some of the methods. there are mechanisms that are out there that can be put into place that assure those kinds of things. Council Member Waggoner asked when those will be addressed. Mr . Simpson stated those will be addressed and ii is a mechanism similar 10 a homeowner's association and they become a set of covenants thal pcm behavior and tcnanl hours and kind of the appcaranoc and all of those kinds of things associated with tenants. So that will be addressed. he advised, as we move forward . Then, Council Member Waggoner said, we will have another maintenance agreement like we had on Cinderella City for the parking . Director Simpson stated that he has never seen that. Mr. Waggoner said he was sure the C ily doesn 't want to stripe it. sweep ii . clean it and repair ii . • " .. I • • 0 - • • l.•clewood City CGIIIICil Febraary 17, 1991 Paae:zo ,, • • t• • Mr. Simpson said that we would probably, on the parking portions that are owned by the City , end up having to create a mainlenance agreement for the parking areas . Council Member Waggoner said then any tenant would pay into the maintenance agreement, that type of approach . Mr . Simpson stated they will sure work on that part, make sure we get some revenue generation . Director Simpson opined it is their intent that we maintain long tenn control over significant portions of this property. Council Member Waggoner said that he knows, when we were entering into a development contract. that was one of the things we discussed quite heavily . Mr. Simpson stated that is correct and it stiU remains an important goal . Council Member Waggoner emphasized that he still be~ we are duplicating effort. Director Simpson said that is true. He said the thing he would say is that there may be some duplication of effort, but he opined that what is created is some assurances that have created trust to allow this project to move forward . He acknowledgcd there is some cost associated with that duplication . but there is also some significant progress that is occurring because of it. COUNCIL MI.M81.R BRADSHAW ADDED A FRIENDLY AMENDMENT TO THE MOTION - "AND THAT Tlm'CITY MANAGER AND THE DI.VI.LOPER CAN TALK AT ANY TIME IF 1.ITBER PARTY PEELS IT IS NECESSARY." Ayes : Council Members Nabholz. Garrett, Bradshaw. Habenicht , Clapp . Bums Nays : Council Member Waggoner Motion carried. (vi) Dim:tor Simpson prescnccd a nx:ommendation from the Department of Business Development to approve, by motion, the Calthorpe Associates Agreement . He explained that Calthorpe Associa&cs would act IS advillOI', 0\/CflCICing significant Transit Oriented Development principles and ICCking to provide that review capacity to David Tl)'ba Architcds. as the developer 's uchilect. So in cacncc, be Slid, what we ~ created here is poccntially the Cily design review capacity OYCI' the dcvcloper and .tacre the project i•gaiag. City Managcr Sears said be thinks in 1Cl'IIIS or further clarificalion, that be believes in their discussions and in his discussions with Pelc, Calt.borpe that be would be mainly working through Tim Leonard and Marilee Utter. He really wouldn't be a,ming to the City Manager, but be may be in conllllCl with Bob Simpson. Bul, Mr. Scan DIiied, it will be much less direct than, say , working with Skip Miller 's team . He opined lhal. apin, lhal door wiU be open CNI -key ima tbcy DD)' bring beck . But for the IIIOll part be would be working with Tim Leonard and Marilee Utter. City Manager Sears staled that be also knows that there are some coacerns in the agreement and be doesn't know how well they have been addrellcd. in terms of the City's requirements on ownership of documents and t.llOlc things . City Attorney Brotzman adviaed lhal they are not incorporaaed yet, but in principal they have been agreed to . Mayor Bums asked ifthcle are quellions railed by Mike Miller and younelf. Mr . Broezman staled that thole are being incorporated into the new agreement IS well . Council Member Bradshaw asked if that is SlS,000 tolal « $20,000 total . Director Simpson said be believed the conuaa read $20,000 tolal ud it is for a period of 90 days . But. Ms . Bradshaw DOied. be wants SS ,000 up front . She •'IS adviaed that was concct . I ., • • 0 - - • En&kwood City CCN1acil Febniary 17, 1998 Page 21 ' .. • 0 t• • Council Member Waggoner advised he had a Slatcmcnt to make. He said that ii seems like, lo him. lhal anytime you get two arcbilectS trying lo agn:,c on one thing, ii is jUSl 10lally impossible and as ii is a duplication of service, he advised he wiU be Wling no again. MAYOR 8URNS MOVED, AND IT WAS SECONDED, FOR THE CITY MANAGER TO FINAUZE THE CONTRACT WITH CAL THODE ASSOCIATES, CONSISTENT WITH THE COMMENTS OF CITY ATI'ORNEY DAN 8ROTZMAN AND MIKE MILLER THAT ARE CONTAINED IN THEIR MEMORANDUM IN THE COUNCIL MATERIAL Motion c:arried . Ayes: Council Members Nabholz, Garrett, Bradshaw. Habenicht, Clapp Bums Nays: Council Member Waggoner 12 . Gaenl Dimllliea (a) Mayor's Choice I . Mayor 8mm advised that several Council Members went on the RTD lour of the Southwest Corridor Light Rail Project last Thursday. He thought they were really impressed by the presentation, the slide presentation in Littleton, and about how fast this project is moving. He pointed out ii is on lime and it on budget and S4 7 million is in the administration budget this year for this project. which RTD is quite pleased with. Mayor Bums advised that he, City Manager Scars and the Mayor. some City Council members, the City Manager and Assistant City Manager from Lilllcton, met today with Representative Dan Schaefer and discussed this with him. Mayor Burns said that he continues to be very supportive of the Southwest Corridor Light Rail and he did Slate that the S47 million isjUSl the budget proposed by the administration and the Congress actually puts the budget together. He advised that Representative Schaefer said lhat once these projects Slart they continue lo be funded, the only caution is ... as they saw in the paper today ... is the unfortunale pllling of Russ Tarvin. a very supportive RTD board member for the Southwest Corridor. He DOUld tberc wa an interating scheme, described in the paper, about how his repllCCDICDI WIS going to be IClcctal drpeading oo how many registered voters there are in the City and County of DclM:r and bis clillric:t and Arapahoe County, and who selects. Mayor Burns opined that it is very imponant to have Mr. Tarvin replaced by --who supports light rail. because there are still enough votes dowa6'Rtll put this project in -jeopardy. For, he thought. if that board ever voted 10 reject funding, from the cum:na buqet. ii would be a very ha7.ardous thing for this project . Mayor Burns advised 1h11 he is perDWly calliDg baud ....tlcR of RTD 10 jusl touch bae with them. The tralllpOl1llion ClOllfermct 1h11 tlley ancad every year in Wahington. wiU be held March s"' to 11"' and they will be visiting Congrell tllen and of aiune their Chair, Mr. Caldara. bas been vocally in opposition to this corridor and written lenen trying to reject funding and encourage Coogress to reject funding and so forth. Mayor Burns DOUld 1h11 he fdt a ccnain-. of that is going to be going on, so he feels ii is important for us IO keep in touch with tllOae board members and keep in touch with this process of the replacement of Russ Tarvin. He said he bas 8*cd 1h11 we send a card from the City to his family , because we unanimously supported Guide the Ride and we have all supported this project . Mayor Bums noted the paper repo,tcd on the meeting that WIS held in August at the nursing home after he had the stroke. and he Slated, that WIS an heroic effort for him to go to that meeting. Mayor Bums advised he was there and it was something for Mr. Tarvin to get through lhat and he has gone to a couple or meetings since . Thal meeting approved $62 million in new contracts for the Southwest Corridor and Mayor Burns pointed out, it was a pivOlal meeting. So, he said. he thinks the City is very thankful lo Russ Tarvin for the work he hasdooe. 2. Mayor Burns Slated that he also enjoyed going to the VFW Post 322 65"' Anniversary party on Saturday. He noted Council Member Nabholz came over too and they met the members and c:elcbralcd .. " - . . ~ . ' • • 0 )- • • Englewood City Council Febnaary 17, 19911 Page 22 <. • 0 ,~ • with them. He commented that it is quite an organization and they have many members of that group. that have been around for 40 or SO years, since the second World War, that have put in countless hours of service to the community through that organization. 3. Mayor Bums advised that on February 7"' he was elected the Chair of the Metro Mayor 's Caucus for the next year. He said they did have a discussion at that meeting about the legislation in the Colorado Legislature to change the governance at RTD. He noted it was not on the agenda, but it was brought up for discussion and he cautioned them agains& taking any stand on that, because he thought that was dangerous for the City of Englewood and it was not a good thing to do. They did not take a position on that. And sure enough, he said, as they saw a few days ago, that bill was killed in the Senate Transportation Committee. So, he opined, it was fortunate thing to do, to not take a position on that . He stated that so far it hasn't taken much time and Pauletta Puncerelli went to the meeting with him and was very helpful. Mayor Bums said he does not see it as taking a great deal of time . He advised Council he will tell them, and he did at that meeting. that if there is anything being discussed that he thinks the City of Englewood should take a panicular position on. or that he should not take a position on himself. that bis first obligation and loyalty will be to this City as far as that body is concerned . (b) Oouncil.Melllbcr's Choice (i) Council Member Nabholz: I. She said she also wanted to say congratulations to the VFW on their 6S"' Anniversary . 2. She advised Council that the third and final meeting to discuss the General Iron Works plan and what the neighborhood would like and would not like. will be Tuesday the 24d'. from 7 :00 p.m. to 9 :00 p.m . at Bishop Elementary . She said she also has those flyers to pass out . 3 . She noted she is looking forward to the Code Enfon::crnent meeting tomorrow night in regard to the Public Nuisance Ordinance . Ms. Nabllolz COIIIIIIClllcd that hopefully they can tum the heat up on that. 4 . She stated that she spoke to Susan Clark in regard to landlord regiaratioo and she thinks they need to bring it up at 9ludy Scaion fairly quickly so they can address ii once apill. S. She advised that her constitUCIIIS have also asked if, after these mcctings. she could possibl) meet with them once a month . Ms . Nabholz said she needs to find out if that is acceptable . If she could meet with her cons&ituents once a month, in the Library or somc:wllcre . JUS1 keep it a IICI time. whatever is convenient for them, whether they show up or not . She llalcd she is more than willing to do that . 6 . She 5lalcd that she has quite a few code problems and she is really getting frustrated with this problem. One of them is the Golhic and the second oac is a citation that was given to 3057 South Broad,ny in regard to mercbandi1e on the sidewalk. ~ the aore right next door was not cited . Council Member Nabholz pointed out that wc have sandwich boanls up and down this City and banners. She said she feels thal ifwc are going to cite oac. wc might as well go up and down Broadway and cite the resl of them. She 5lalcd that Cart M. Duncan, the CPA who owns that property. would like for her to read bis lc:ncr into public. Ms . Nabholz read -To Whom it May Concern: Plc:asc be advised that the real C!Ute located at 3057 South Broadway. Englewood, Colorado. has a building which is set back about ten feet from the sidcwallt. This area, on which there is no building. but which has outdoor carpet, docs not belong to this City or any other municipal authority, but rather is private propeny, owned by my client. Joan L . Duncan . Her renters pay for the spaa: and are aulhorizcd to U1C it in any way to promolc their business." There again. Council Member Nabholz said. if our ordinance Slates "evcl)1hing olf the sidewalks" then lets enforce it. ' • • 0 - J • 1:a&kwood City Council Jl'ebnary 17, 1991 Pqe23 '· • • t• • She advised that in the 2800 block of South Sherman, in the alley between Sherman and Grant, approximately four houses down from Amherst, there are six vehicles in the alley. One has 1996 Colorado license plates and two others have no license plates at all. There are approximately four unliClemcd vchiclcs in front of the house and they belong to the same indiviclual that lives there. Ms . Nabbolz ltalCld the lady that livcs behind this house can't even get into her own garage. She said she undenlands that the lady called the police the other night and when they called back they said they could DOC 1ocMc the problem. So she was very frustrated . At the comer of Bates and Broadway • towards the alley, off of Broadway and Lincoln, on the north side of Bates, there are so many large vehicles where this individual Is working on them, that a lot of times you cannoc have two way traffic on Bates. You cannot come out of the alley and sua:cssfully make that tum to head west. Mayor Bums asked about the zoning there. Council Member Nabholz advised that it used to be a limousine ICIVicc and the guy works on cars, it is right behind the check cashing place and it is a problem . But, Mayor Bums asked, what is the zoning. what is allowed. Ms. Nabholz said she was no1 sure. she would havc to look that up. She commented that she thought it was B . Council Member Bradshaw advised that it is B,J. Council Madler Nlbholz stalled she is sony, but that she also feels the frustration of this, that she has to oontinually bring up the same addresses over and over. She IIOled that she is a Council liaison , as is Mr. Garrett. on the Code Enforoemcnl Advisory Conunittcc and she thinks it is lime we tum up the heal and we act on this stuff and quit talking and roll upeur slccvcs and get to wort . (ii) Council Member Bradshaw: I . She advised that she wrocc a thank you note to Bob Tonsing for the Rm tour. She told him he really knew how to throw I tour. 2 . Sbc llated thal 1111c has a question and a conccm about study session items. Ms . Bradshaw opined that Couacil --IO clcal widl 011C thing per study session, IS sbc felt cbcaled tonight with the architect. Eidier dllll, Ille aid. cw dlcy need to aee1 ll S:00 p.m. if thcy havc two ilam. She lllted thal just -'t ru .• lllle clidll't .. ~ willt die Housing Aulhority, and dlcy didn't SM the ardlitcct his time cida, aad Ille...,_...,. fed rwlled like thal. So, 1111c aid, dlcy arc clcaling with two ma11as that 1111c cxaidcl's ~. "1illlC to thia" IIIIIICrl and thcy need to limit tllOlc on study sessions. 3. Sbc DOICld 1111c had die a,mplaint again. and this WIS the same complaint raised by Bill Belt on die u•, abcllll t....-s ill BcUcvicw Part. She aaed if there WIS any enforcement going on . She said 1111c thauglll --goiag to look ll lhll. They arc by the shelter and ll one lime they were having wild pdlcrings ~-Sbc OIJPIMllled thal she didn't know that they can have that in the winier. ii has been a little chilly, but that 1111c WIS IUl'C in the spring that heats up. She noted there is also a nudist in that area. Additimally, lhc aid, ll CNIC time people were burning the shingles off that one far shelter, in the fireplace. to llay warm . Ms . Bradshaw said she clocln't know ifthal has happened lately, but she suggaled they might check to -if our shingles arc still there. 4 . She stated she would like the Code Enforcement Commincc. or soi.-, 10 look at increasing the penalty for graffiti . She said she still thinks that is a viable thing. S. She said that she, Mayor Bums and Council Member Clapp need 10 set up al lime to talk about the Housing Authority issue. (iii) Cowici1 Member Clapp: . , • I • • 0 - - Eqlewaod City Council Fellniary 17, 1998 Pqr2' • • • I. She said she would also like 10 congralulale thc VFW. as she also attended. She noled she had a very busy schedule Saturday. but she was there towards thc middle. to congratulale lhem. and she though! it was important. 2 . She said she thought it was real interesting that Council is talking aboul code enforcement. She noted she brought up a situation with Cricket Thicket, at thc last regular session, and talked aboul thc King Soopcrs trucks. Apparently, she said, code cnforocmcnt went out and spoke with thc lwo owncn.. and according to her Council request packet, they said that there was no problem. basically. Well , she adviaed, she called thc owners today and asked if this was raolwd to their satisfact.ion . Ms. Clapp stated the owner told her she couldn't believe that it would say that there is no problem. that that is not what she told Joyce Parsons. The owner said she told Ms. Parsons it was a concern. as her business is growing and she would like to know where they draw the line with public parking and storing business vehicles. The owner staled that as a citi7.en she would not be able to come down there and park an RV and she asked what was the difference. Ms. Clapp commented that we have a very unhappy business here and lhal she is very disappointed that code enforcement did not handle ii a liltle helter lhan lhal . She maintained thal we are talking night.and day between the response of the business owner and whal she is being told in 1he Council request. Council Member Clapp stated she can'I tell Council how disappoinled she is with thal . It conccms her a great deal and she wondered how many other code enforcement requests she has made that have come back to the contrary. Council Member Habenicht advised that several of them attended the Chamber of commerce's annual meeting and at her table that was a topic of discussion and there was concern aboul those trucks. She staled she beard it from a different business as well. that ii is reall y detrimenlal. Council Member Clapp stated she would ha\'C 10 agm: wilh Council Member Nabholz . 1ha1 perhaps 1his is IIOIIIClhing that should be looked al in another area of lhc City. Ms . Clapp opined 1ha1 Chris Olson does a plOd job as a Safety Services Director and she is sure he is a fine officer and a fine fireman . But. she said. Ille docs DOI know if he is good at code cnforccmall . City Muqcr Sears sugcsled thal Council mike 111is a subject of a study session. Potentially, he noted, tllcy IUlvc a fn,c night the 23.i, next Moadly lliglll . TIiey IUlvc a youlb night thal night. but. he said. they CXIUld foaas on ca*_...._ • dley COllld mire ii a llllbjca for die 2 ... and ID through die lilt of short term items and focus in on each of the iaa tllcy IUlvc raied. or how we addRSS codc cnfon:ancn1 iaa. He advilod he would be ~ to -ill dial direction if Council would like 10. Mayor Bums asked how thal cllM:Uils with the Code Elll'orccmcnt Advisory Committee and where are they moving al this poiDL Coaacil Member 8r8lllllaw med if Council is doing their wort . Council Member Nabbolz said no. not IICICCIIIUily , thal she tlliaks there ncccls 10 be some din:ction from Council . Bui, she noted, she thinks it is illlelating when Council talks about the graffiti removal , or some of the registrations or public nuisance ordinances. that they want to look at . 1ha1 they give ii 10 lhe Code Enforcemcnl Advisory Committee or the Clean. Green and Proud COmmission . Ms. Nabholz mainlalned that sooner or later Council has to step up to the pla&c and take responsibility . That. she said. is what Ibey have hired these people to do. She opined the IOOIICI', the better, that they lake a look al lhis. Council Member Habenicht maiNaincd thal this lakes them back to a concern lhal she brinp up every once in awhile thal has to do with the adminilllalive policy ordinances thal we have pused and the way our departments have changed willy-nilly, from here 10 !here, from here to !here and code cnforocmcn1 has been pa5ICd otrlikc: the bad boy or iOIIICbody , from one department to another. to thili 10 thal . She said she really docs think that Gary Sean is new and he has 10 lid al how he wants this is to be done and she docsn ·1 know if Council should be rushing him to answer questions. Bui. she pointed ou1 . lhal docsn ·1 ' • ,, • • 0 - • l.a&kwood City CcN111Cil Febnaary 17, 1998 Pase25 • • - mean we sboulcln 't be addressing the code i5511CS and all of that. but she is thinking that rather than trying to do a rally quick study session, that ma)i,c it is one of these administrative things that he needs to be looking at ... where does code enforcement fall into place and how is it being done ... while addressing the immediale needs, but ma)i,c looking at the overall problem. Council Member Bradshaw nokd that it used to be in the old, old days, even before her other term on City Council, that policemen ... when they were out and about ... would take notice of code violations too, if they happened to notice it. Now, she said, it seems that we spend a IOI of oor time doing things that are pretty obvious, like the property she reported across from Miller fidd. The guy said take me to coun . That was bis relpOIIIC to that . Ms. Bradshaw acknowledged that is a lot of City resources, but we are in the City and we need to make our City a pretty place to live, a safe place to live. Council Member Nlbbolz staled she agrees with Council Members Habenicht and Bradshaw, that City Manager Sean needs to take a look at it and we also need to do the enforcement aspect of it and not the ldcctive enforcement. She emphasi7.ed that this is making her crazy. Ms . Nabholz commented she felt like Council Member Clapp, as she got back that her n::qucst was completed and there were no problems. She staled she hll&poblcm with that, because she physically goes out and takes a look at this stuff. Council Member Clapp aid that her -jor CIIIICml witll that is DOI only did the problem DOI get resolved, but she is being told one thing from code enforcement and another from the property owner. 3 . She said she woolcl like to pass along lier thanks to Division Chief Vanderrnce for putting out the sman car. Obviously, she poinled out from the complaints of its presence it was needed. She advised that she woolcl appreciale bis enfon:ancnt in that area . (iv) c.ouncil Member Waggoner: I . HeadvilCd dial IODigbl be pve to City Manager Seanan audit that was 1CDt over from EDDA . He aid be -DOI SUR wllo dial -mppc-i to go to, but he amamcd Mr. Sean would find the p,oper .-,ty. Mr. Sean-. Mr. w..,_. be will ddermine ifit is Dan BRJlZman.. Frank Gryglewicz or Bab Siapala. 2. He.,..._ Wt ..... Uld lelll • to each Council member. Cinderdla City comments from Cliffilnl WciabcrFr. He aid it was lllldc clear II the EDDA mccting. that that was DOI the EDDA 's position, dial dial -only Mr . WciabcrFr's position. 3 . He aid rqanlia& llle eacroacluacal. dial OD the CIICl'OKUICIII qRICIDCIII ii says that they have to indemnify, bold harmlca the City. Council Member Wagoner ukcd if they shouldn 't give the City a ccrtificalc of umaraacc. lillillg the City as an additional ilmll'Cd . C ity AUomey Brotzman advised that we haven't done that, bul we can look into it. Mr. Wagoner poillled OUI dial if IOIIIClbody gets hun on that wall, it woolcl-like we lllould be an additional ilmlRd on their insurance policy, so we don 't end up funding ..acthing dial we an: DOI mppc-i to do . (v) c.ouncil Member Habcnicbl : I . She aid she WIIIICd to aate for the ruonl that she has received a phone call from Al Vormittag and he IICllds his bat wishes. Mayor Bums asked where he is. Ms . Habenicht IIOlcd her IIUlbaad Chuck took the call, as she was II a mccting. She said Mr . Vorminag. II that time, was in Texas, and they were lllllll&in& 1 liule aate camppound for IOIIIClbody while they were taking a vacation . They were rally having a good time and meeting a lot of inaeresiing people . Mr. Vormittag wished everyone well. ... ., • • 0 r. I Ea&lewood City Council Ji'ebnary 17, 1998 P-.26 • 0 • 2. She advised that she attended the CML legislative workshop and policy committee meeting. Ms. Habenicht said she just wanted to draw attention to the two sort of surprises that came out of the policy oommittee. One was the recommendation from Slaff to oppose Martha Kreutz's health insurance bill . She said she thought it was very interesting that the discussion chose to take no position in monitoring. Perhaps, Council Member Habenicht suggested, since she is our representative we may want to let her know that wc were not suggesting opposing her bill. She opined that could be very positive. Also, she noted, Senate Bill 6 , Standing, confers political subdivisions standing to assert or defend property or contract rights with each other. The recommendation. the vote, from the growth committee. was to oppose, but it was very highly controYersial . She said she thought that maybe this is something, that if our City Attorney is not aware of, that maybe we look into it to sec what implications ii has for Englewood. Because, she noted, it is dealing with municipalities or other government bodies having standing with each other. It is how we relate to South Suburban. how we relate to Sheridan, how we relate to Highlands Ranch, how they relate to us and she opined. wc need to look at ii carefully and make sure that wc arc either supporting or not supporting something that is in our own best interest . She stated she thinks it is complicated and we need to look al it . 3 . She noted, n:gardingthe intergovernmental agreement with South Suburban, that Council has not really discussed it. If they arc going to have it come forward to Council. she said, she wanted to ask if this tacitly approves that fourth ball field and would they have to come back . She advised she has some concern about that., because of the neighborhood, and having real problems with the lighting, and that. and really impacting the quality of life for the backyards there. She noted here we are taking such great pains to protect some Littleton residents on the other side, from some lighting problems. and here we arc flood lighting these backyards. Council Member Bradshaw noted it i; until I0:00 p .m . Mayor Bums noted they can do an amended PUD to do that and they could bring up those very same issues. City Attorney Brotzman said that is right . Council Member Bradshaw advised that those issues can be raised again, as far as that agreement. Council Member Habenicht stated that is what she is really concerned about and she just thought she would make sure that Council knows those arc issues out there and that we do have residents that have been trying to communicate with South Subwban over the past three to five years and they have been brushed off and blown off" O\'CI' this. She said she just wanted to make sure we arc not giving away thelann. Mayor Burns IIIW"Cld her that they do not have carte blanche to build whalevu they WUL Couacil Member Bradllww noted it was also the fact that they would help pay half of the parking for ac.,oot tao, lhll was die tnldc off" on that. Yes, Mayor Burns said. to increase the parking. In repnl to the parking. Council Member Clapp said. she noticed that they said they would split costs on parking to ICCOIIIIIIOda1e these things with us. She asked if they arc also willing to contribute the same amount of land for parking that we are. Council Member Habenicht stated she agrees that is an important piece. She asked if that is in there. as she dido 't recall seeing that. Council Member Bradshaw asked Council Member Clapp what she meant and asked that she say it another way. Ms . Clapp said if we are going to split the costs for parking in this agreement, for the swimming pool and all of this, shouldn 't we also be putting up the same amount of land for parking. Mayor Burns noted that the question they had was they would take the parking that otherwise would be on the City 's property, on the site required, and move land over into their property, where the ball fields are. In other words, take their property, to expand the parking. So. Ms . Clapp said, they are going to put in land. Council Member Bradshaw stated they arc contributing land, plus they are going to enhance the parting lot to the north. She conuncnted that during that meeting, every once in a while, the whole group would lean back and go ... ··wcn wc are getting our share" ... so she said, the body language was pretty evident. ' . . "' - I .. .. • • 0 • • )- • Ea&lewood City Council li'ebnaary 17, 1998 Pqe27 (, • • • ' y Council Member Habenicht commented that she noticed there is land across the street. from the ballpark, for sale right now . Council Member Garrett asked if that is on the west side ofWindcnncre. Ms. Habenicht said that would be a lot closer than any other parking to that ballpark and she thought that would be a nice place for them to have parking. And it wouldn't interfere with our nature area . Council Member Bnidshaw asked if it is by RBI. Mayor Bums asked if it is by the car wash . Council Member Habcnicbt said it is somewhere there. 13 . City M ...... ', ae,ort (a) City Manqer Scars thanbd Council and llaft', bec:a1a1c he said he really thinks it has been a lot of.uk, tbal a lot of people have put into it, to mavc abcad with the Cinderella City project . And, be aid, be thim tbal with the agn,emenll and this 90 day time hmc, that we have a mission to move ahead on this project and get it to a state where it can be built. But, he Slaled, he knows staff' has worbd bani on that and he just wanted to say thanks to them for their dl'olts and to Council for their scrutiny and review . (b) . Ci~.Managc, Scars advised that he was selected to go do a review of a graduate school of public affairs program in Sinta Fe. He said they arc .-ying the full way and he will be taking a couple of holidays that week. He noted he just wanted to let Camcil know that he wouldn't be here later this week, for that pwpoK, and the City is in good hands with Chuck Esterly and staff'. So, he said, he was sure they will lakc cue of things during the time he is goac . (c) City Manqer Scars SlalCd he appreciated the comments on the code enforcement . He IIIMled be will llllke that a high priority. He said he knew that would be a difficult issue, as it is in almoll ~ city around. He pointed out that it is IIOI only the manner of what the violation is. but how ii is followed up 1111. It lakcs a lol of skill and ability to deal with both sides of these issues. Mr. Scars ac:kmwledpd that he hml 't really looked at that, but what he would like to do is work towanl some long lcr1II solution. It will lakc a liulc bit of time, but, he noted. he is IIOI sure if it is being as effectively clone • it lhould be done. He_. them tbal he hears cxac:tly, Council's conccms. As with the Housing Audlarity, be aid, be thim they need to lay-allerlUIIMs out to Council 1111 how we can aa)'be do a lillle bil bcacr jab of 4l)'illa to wort dlrough 1h11 ~-But, he ratenled, it will lakc a liulc bit of time to mavci-»tllll. 14 . City"*'-''• ..... City Aaoney a--did aot have uy llllltas to bring bdiR Council. 15 . ,WJaa,-- ' , •, .. • • 0 • • I> -• . , ' -• • ~ • - ··~· - • • • 0 • 0 - '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 17, 1998 7:30 P.M . 1. Call to order. g ; ()!) r-,, 2 . Invocation . IJ~ 3 . Pledge of Allegiance . ~ 4 . Roll Call . '7 ~ 5 . Minutes. tf4 fJ -0 a . Minutes from the Regular City Council meeting of February 2, 1998. ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) 7 . 8. g N9n-Sc,t"1eduled Visitors. (Please liJnit ~rJ)[.85Wl,tation to_five minutes.) P... Alb~J,.MtJJJ /111rNt.i-A-AIIJ AA70 VM....U:,..1'0 ST· . #-. /?..OU/tr /}_1ftMl~0,.1 W'~ Ar,Ar1~.-te6IOIJk. Al~. Communications, Proclamalions, and Appointments . J®t!Jf!) a . /~ 1-{) ~'?-O b. Letter from Am~~rje .~ indicating her resignation from the Englewood Public Library Board . ~tJ./ · Letter from Ed Sou11'1f ffld!cating his resignation from the Englewood Urban Renewal Authority f7ll.-&I-UU- ~ /J ,j.31'9?--cf'esolution appointing carol Belt to the Englewood Urban Renewal Authority~ • a A ,Ji,Lli L ~ Resolution '1?~, ~~ert Lindsey as a liaison to the Englewood Urban Renewal • µtJi7f' -r, ,r"" ?-t,\uthority. ~r/U/~ ~ a,,/1'1-J"esolution reappointing Robin Weddle to the Englewood Urban Renewal Authority~ 9 . Public Hearing . ~ ?-0 ~ ~ ey-'/>'4'-~ ~ a . Public Hearing to gather citizen input on Soutri Suburban'• Planned Unit Develop'l'itni a~ment to;_C:of'!'!~r&tone P~. (Continued m,m January 19, 1998.) -PlrVf.. t..a..ePt-~j M)lo;a:p} ~~lit.It.. . 'l-o ~&r . PINN nota: If you have• dlUblllly and nNd auxlllary .._ or ..,... ....... plaw nalfy ... Clly ol Inglewood (712-240&) at !Nat 41 hours In advance ol when NrVlce9 .. nNded. Tiwlk ,au. ' . ' • • • 0 • • ,. -• 0 • Englewood City Council Agenda February 17, 1998 Page2 10. Consent Agenda . t1f!l'1-0 ii. Council Bill No. 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance amending the Englewood Municipal Code regarding reimbursement for water and sewer main extensions. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ,J b 1 1 _ /q>prov~l ,of Ordinances ~econd Reading. /. . • .. (J/;J;q '7-0 ~ ALHI-U_ ~ ~J.L /CJ rr I ')L-//. ·p I I L i. Council-~illNo. 1, amen.-a§" the Englewood Municipal Code regarding Fences, J'?/-r /t:, Walls, and Visual Barriers . Council Bill No. 9, approving a building lease at 2909 South Broadway. c. Resolutions and Motions. ff' 11 . Regular Agenda. a . Approval of Ordinances on First Reading. b. C. i. Council Bill No. 12 -Recommendation from the Department of Public Works to adopt a bill for an ordinance revising truck route designation on West Union Avenue I!!& to set a public hearing for March 16, 1998 to gather citizen input b-\. ,I. J.. ,.. on this issue. STAFF SOURCE: Chuck Esterty, Director of Public Worbg~ ~val of Ordinances on Second Reading. Resolutions and Motions. i. Recommendation from the Neighborhood and Business Development fl:. LJt, Department to adopt a resolution approving an encroachment agreement for a fllxl .J 1..-f , ~,taining wall at 4096 South Cherokee . STAFF SOURCE: ~ ~~. -7r fJ.. fll ( Jll'/:fJ//66()1)f.1... yrector of Neighborhood and Buaiws Development. ~ ii . Recommendation from the Department of Financial Services to adopt a resolution declaring the intent of the City of Englewood to reimburse itself with proceeds of a future borrowing for capital outlays at the Safety Services communication center 12~~A!~ ~~CE: Frank Gryglewlcz, Director of Financial Services. rt,~ iii. Recommendation from the Department of Financial Services to adopt a /J • . 41 Lio, resolution approving a supplemental appropriation and transfer of funds from ~ fdT~ 7 the Capital Projects Fund and General Funds to the Englewood Environmental tin -0 Foundatio&~JjT~F SOURCE: Frank Gryglewlcz, Director of Financial · '!Tl Servlc91"'7'it" .. N-> . ~ .--.c:. d11.JA1l:J . J-tf ~ //Ul>d.fr ~/1UHOllUl _1,t-~ -"7'(jj~: iA/JflPJ.Z.1 ~ ~'#~) ~)'Z't' ti -~~~ I ~ a.,.....; ~~~ P ..... note: tt you have • dlublllty and IINd auxiliary aids or wvlcN, plNN notify the City of Englewood (712-240&) at INst 48 houra In advance of when Nrvlcn .. IINdad. Thank you. ' I "' • • 0 ]- - • Einglewood City Council Agenda February 17, 1998 Page3 ·, '· • • • iv. Recommendation from the Department of Neighborhood and Business .Ah -O Development to approve, by motion, the Miller/Kitchell Predevelopment 'ft 'I· Agreement. STAFF SOURCE: Robert Simpson, Director of Neighborhood and Business Development. Bradshaw mOwd for the Cltv Manager to finalize the pl'9Clev'alopme agrwnent with Miller/Kitchell I/ v . Recommendation from the Department of Neighborhood and Business Cl)-) Development to approve, by motion, the Citiventure Associates Agreement. IY: IJIM,/,()/JE:..i_ STAFF SOURCE: Robert Slmpeon, Director of Neighborhood and e,..,_ mowd fol' the City Manager to tlnaliza the ..--wllh Citiwnlura AAociatas and that the City Managar and the ~ can talk at any time If eiltl« pe,ty fNls ii ls ,-sa,y vi. Recommendation from the Department of Neighborhood and Business d.lO!bA !-/ \ Development to approve, by motion, the Callhorpe Associates Agreement. ""f!ru/'AJ!: A/~.JSTAFFSOURCE: RobertSlmpaon, DnctorofNelghborhood and Bums mowd fol' the City ........ to tlnallza the conlrec:t with Callhorpe Anocilltas, conslstant with the CDffll,•a al City Attorney Dan Bromnan and Mika Miller that -contained in their memorandum in the Council_.... 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a . Englewood Center Update. 14. City Attorney's Report. Ad~#j»J The following minutes were transmitted to City Council between 1 /30/98-2/12/98: • Englewood Firefighters Pension Board meeting of January 9, 1997 • Englewood Joint Pension Board meeting of February 18, 1997 • Englewood Urban Renewal Authority meeting of December 3, 1997 • Englewood Housing Authority meeting of December 10, 1997 • Englewood Clean, Green and Proud meeting of January 13, 1998 • Englewood Planning and Zoning Commission meeting of January 20, 1998 . ( • .. • • PINN noee: If you have a dlaabillty and need auxiliary aide or wvlcN. plew nollfy the Clly of 111 ... wood o (782·2405) at INat 48 houra In advance of when NrVlcH .. IINdad. T'-* you. - 1 . 2 . 3. 4 . 5 . • 0 I • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 17, 1998 7 :30 P.M. Call to order. g'; tJt'J ~ Invocation. /J~ Pledge of Allegiance .~ RollCall. '7~ Minutes . t;;,'IJ-() a . Minutes from the Regular City Council meeting of February 2, 1998.~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) g 7 . ~-m,~~~~A~t%J'.t AAIBT~fivi;;.inutes.) #-. /I.OU/tr /)_/ltMlt0.1 ,cl~ A',ArtU!..-UF,/DIMf-A~. 8 . Communications, ProclamatiOns, and Appointments . • '!-(). ~'7-0b. Letter from ~_Leonard indicating her resignation from the Englewood Public Library Board. f'IU'n{W · · Letter from Ed Sou11i9J! ~~ting his resignation from the Englewood Urban · Renewal Authority /'T~/,JU- /b,.,,. ,j. _3 ~')..if'esdution appointing Carol Belt to the Englewood Urban Renewal Authority~ d Resolution~,~ Lindsey as a liaison to the Englewood Urban Renewal /lJ,,,1-W-tfi'?-t>.uthority . ~11,V- ~ ('f/1'1-cf esolution ruppoinlil ig Robin Weddle to the Englewood Urban Renewal Authority~ 9 . Public Hearing . '1/1' ?-o $111«1.JJ.r ,ltLl7Jt,I $""~~AM,,~ a . Public Hearing ID gat,er cilinn input on Soulti Subwban's Planned Unit --71 ~~'?.~~j,;J,~D;;lt'r" 19, 1998.) . IJ-() ~ 6s-- PINN nole: If you haw•..._., and need--.,Y alda or •w1a11, pleW noaty .. Clly al 11 .... ood (792-240&} • leNt 41 hours In advance ol when N1W1N .. flNCled_ 11-* ,au. ;,·,;.; . , •. ... •· • 0 , • 0 I• • Englewood City Council Agenda February 17, 1998 Page2 10. Consent Agenda. fffl'l-0 ii. Council Bill No . 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance amending the Englewood Municipal Code regarding reimbursement for water and sewer main extensions. STAFF SOURCE: Stewart H. Fonda, Director of Utilltlea. r/?-0 ~ Ordinances ~econd Reading/O v-i -~ !/ . fl' , L i. Cou~1. ame~ewood Municipal Code regarding Fences, J11-r /~ Walls, and Visual Barriers. Council Bill No. 9. approving a building lease at 2909 South Broadway. c . Resolutions and Motions. % 11 . Regular Agenda . a. Approval of Ordinances on First Reading . i. Council Bill No. 12 -Recommendation from the Department of Public Works to adopt a bill for an ordinance revising truck route designation on West Union ,. - Avenue ~to set a public hearing for March 16 , 1998 to gather citizen input&..,,. L,_,.. on this issue. STAFF SOURCE: Chuck Esterly, Director of Public Worbg~ b. c. A~val of Ord.inances on Second Reading. Resolutions and Motions . i. Recommendation from the Neighborhood and Business Development IJ. Department to adopt a resolution approving an encroachment agreement for a ~ ,J 1..-f I/(., . ~.taining wall at 4096 South Cherokee. STAFF SOURCE: l!oJa ~.....-.. 7 r (). "' ( J/1(:liK,{,(JIJEL _yirector of Neighborhood and Buaiwa DewloptM11t. ~ • ii. Recommendation from the Department of Financial Services to adopt a resolution declaring the intent of the City of Englewood to reimburse itself with proceeds of a future borrowing for capital outlays at the Safety Services communication center-JJi~~! J!!~CE: Frank Gryglewlc:z, Director of Financial Servtc:N. ~~ iii. Recommendation from the Department of Financial Services to adopt a ~ .j Lin, resolution approving a supplemental appropriation and transfer of funds from l)}:j7 the Capital Projects Fund and General Funds to the Englewood Environmental Tr '-() Foun~F ~URCE: Frank Gryglewlc:z, Dnctor of Flnanclal ~·IQ "j:;; "'~Amd6-~~ -. *"tlflLl.1f,WS/rj ~) ~,AIJO tr ~~,~ I t,, ~ ~~J,L~ PINN nae.: II you haw • dlaablllly and IINd awdllary alda or wvlcN, plaw nallly the City ol lnglewoocl (712•24CII) at INet 41 houn In..._ al wtwn ..,,_. .. neeclad. 1-* you. I· • , I - -~ City Council Agenda February 17, 1998 Page3 ' .. (. • " • • iv. Recommendation from the Department of Neighborhood and Business h'-0 Development to approve, by motion, the MIUerlKltchell Predevelopment '/· Agreement. STAFF SOURCE: Robert Slmpeon, DlreclDr of Nelgh· ... bol-rh .... lOOd- and Business DeveloDn*lt. · ~ ITIOY8d for the City Merlllger to tlnalin the PNda,llopment illll••.all wilt, Mlhr/KIICMII I.J v. Recommendation from the Department of Neighborhood and Business rp-.... ,_ '\ Development to approve, by motion, the Citiventura Associates Agreement. IY: "Mil,()J.Jt:.C.J STAFF SOURCE: Robert Slmpeon, DhcllN' al Nelghbomood and ~ fflCMd far the City Manager 1D flNllla the ..,..._t wilt, CIMnbn A-111 I I and that the City Mar...-and the ----can talk It any time If ... party........... I I y / vi. Recommendation from the Department of Neighborhood and Business tlDbl'I !-Development to approve, by motion, the Callhorpe ~ Agreement. Tru}'A,>1: IJ~ STAFF SOURCE: Robert ....... Dlleclor of Nalghborhood and Suma fflCMd b' the City ...... to flnella the con1nd w11ti callhafpe ... a Ill , COi ........ with the -·--al City //tliJJ#rwtt Dan Bnlmnan 111d MIiia Mllerthllt-COlilllllll!d in llllr-•ldum in the C-.cil,,......, 12. General Discussion. a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. The following minutes were transmitted to City Council betwNr'I 1/30/98-2/12/98: • Engles.rood Firefighters Pension Board meeting of January 9, 1997 • Englewood Joint Pension Board meeting of Febnay 18, 1997 • Engles.rood Urban Renewal Aulhority meeting of Decamber 3, 1997 • Englewood Housing Authority meeting of Decamber 1 o. 1997 • Engles.rood Clean, Green and Proud meeting of .-..y 13, 1998 • Engleuood Planning and Zoning Comniaion rneetillg of .-..ry 20, 1998 "' . ..._. naa : •you...,. a 1 tlly aid lwed auxllary alda or• t1111, ....... ...., .. City ol l& .... •ood pa.MIi) a1 .._, 41 hours In adwance .,,...., ..,,.. .. ........_ T-* you. • ... "' .. • • 0 ]- - • • · ... • PUBLIC COMMENT ROSTER AGENDA ITEII 7 " NON 8CII.UUD Vl8ITOld DATE: FEBRUARY 17, 11N ,.. NON-8CHEDULED VISITORS IIAY SPEAK FOR A IIAXIIIUM OF FNE lalUTES. EACH PERSON SHOULD SIGN THIS PUBUC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. k , , '::;, ', , ,.«, , , ' { 4.,:;,J~).'~$.,.1.,~Jf.-, .... .,,. , ~'-... PLEASE PRINT NAME ADDRESS TOPIC M cr,A/'(C,.,,,I // P 1.t.-0 & ,,.qp '?-~ 9 ° s .:v /I? t-,c oi C, err 'l?j~f;~ IF· gN~;/;494J1E . t U/vl t7 N ;tfv;;. ~(//\)~,~ ~/4,. J;,;i. "' - • . ' .. . • • 0 - ]- • • • • . .. CITY OF ENGLEWOOD ... IC .... IIWTER ' FEBRUARY 17, 1118 AGENDA ITEM NO. 9 a \ ,. PU8UC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL ¥ ~ , -;,. x~'',._ '-;,. 'f.'«~•,.::_-=W::::t-"'..,. , , ,.,,,,.......,_..... .au /~.,_ ~ .,. ,, Y, , ""-:,:; • , ; ~ ,f(, ~.;:~, ::::.: ; ,, ' PLEASE PRINT NAME ADDRESS . ' , • • 0 )- • • •, • (. ENGLEWOOD CITY COUNCB. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I . Cal II Onler 2. la1 I.._ ne UMaliaa .. ..-bJ c-il Member N11111o1z. 3. ......,A.,._ ne PledF r1 Allepace-lcd by Mayor Bums. ,. ...Cal Preleat: Council Membcn Nabllolz. Clipp. Ganm. Bradshaw, Habenicht, w...--.a... Allmll: None Aquorum-pn:amt. Alm pn:IClll: City Mampr Scan City AlfillrDey Bnlczman City Clat Ellis Dnctol' Eaerty, Pulllic: Worts Plmiq AlliW DamiDa. Ncipbarhood wl ~ I:lnelapam Diviliaa Cllid' v---. SIily ServiCN DiW Suapma. .......... _ Busi.-Dewlapmelll It-. ServiCN M-.r Hultberg DindDr Bliek, Palu .... a-... (a) COONCB. IQIOSII SIIADSIIAW IIOYD. AND rr WAS S&CONDD. TO Al'l'IIOVE TIU MINOTa 01' TIU a&GUIAlt IIUTING 01' IANUAllY It. 19'1. 6 . (a) aomilwc, Ayes: Council Malllal NabWz, Glmla, Bndllaw, llllleaiclll, w...-,. Clapp, .... Nays : None • . .. • • 0 • • - En&lewood City CCNIDCil February 2, 1998 Pagel ·, • 0 I• • Mayor Bums commental that each resolution would be read in its entirety and be invital Roscoe Davidson. Superintaldmt of Englewood Scbools and Kaahy Cbrislie, 1 • Vice President of the Englewood School Board.. to join bim at the podium for the presallaliom. Mayor Bums invital C\'elyooe to altcDd the nx:q>lion afterwards honoring the nominees. Council Member Habenicbt opined that it -rally imponanl to ra:opize that this award celcbnlles and bonon the wort that these young people haw done, with the support systems they have been able to devdop, to really make a difference in their 1Ms. and in the lms of the people around than. She stated that they will bear, in the Wberas', dial there are -rally iDleresting and difficult sillllllioDs tbele kids have OYCl'OOllle. 1bcre are IIMllitia 11m we will bear about. But. she noted, this is DOt an award that celebrates advemties or cliffiallties. but the spirit tbele young people have shown to overcome them. Mayor Bums stated that the llllllliDees c:aa ID OD 6om this award ~ to a county 1-1 and nominees from each county go to a special awards banqllCI. (i) As Ms . Banning -DOI~ yet. this resolution was addessed larer in the meeting. See pages 6 and 7. (ii) A raolutioa supporting the nomination of Ronald Chavez for the 1998 Metropolitan Mayon and Commissioners Youth Awards was considered. The resolution was read in full . RES0LU110N NO. 5, SERIES OF 1998 A RESOLU110N SUPPORTING 1llE NOMINATION OF RONALD CHAVEZ FOR 1llE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOl1Ill AW ARDS . COUNCIL MEMSIR IIAalNICBT MOVID, AND rr WAS SICONDID, ro Al'PllOVI AGENDA ITEM' (a) (ii) -USOUITION NO. 5. sums or .,., Motion c:arried. Ayes : Couacil Mcallen Nabllnlz. Gama, Bradlllaw , Habcaiclll. w...-,. Clapp, Burm Nays : Noac (iii) A remlllliaD lllplllll1iDa lllc wwiwioe ofCluyalis M . Daiei b die 1991 Meuopolitan Mayon and CommieiNwn YOlldl A-* w CDllsidend. The reaolUUOD was read in full, fna tk lllinl Wllaea. RESOLUTION NO. 6, SERIES OF 1991 A RESOLUTION SUPPORTING 11IE NOMINATION OF CHRYSALIS M. DANIEL FOR 11IE 1991 METROPOUT AN MAYORS AND COMMISSIONERS YOl1Ill AW ARDS . COUNCIL MDRU IIAHNICIIT MOVID, AND rr WAS UCONDD, ro Al'PllOVI AGINDA ITEM' (a) (Iii) -USOLUTION NO. "sum or .,., Ayes : Couacil Mcallen Nabllnlz. Gama. llndlllaw, Hlbeaidll, w...-,. Clapp, Burm .. •· • 0 , ]- • - (. En&ieWood City CoallCil February 2, 1991 Pap:l Nays: None Motion carried. Mayor Bums coql'lllllaled Ms. Duid ucl praeDIOd her with • badqJack ucl other ilCIIIS. (iv) A reaollllion supporting die nomiDMioa of Maabew J. Dower for die 1998 MdropoliWI Mayon ucl CommimDIICIS Youdl Awds -coasidered. The reaolUUOII w rad in filll. from the fourth Wbereu. RESOLU110N NO . 7. SERIES OF 1998 A RESOLU110N SUPPORTING 11tE NOMINATION OF MATI11EW J. DOWER FOR 11tE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUIH AWARDS . COUNCIL MDDD ILUENICBT MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA rrEM 6 (a) (iv) -IIESOLU110N NO. 7, sum Of 19'1. Ayes : Council Members Nlbbolz. 0amtt. Bradshaw. HabeaidU. Waggoacr. Clapp. Bums Nays : None Motion carried. Mayor Bums conpabllaled Mr. Dower ucl praellled him wilh a badqJack ucl other ilCIIIS. (v) A reaollllion suppol1iDg die nomiDMion ofMic:bad Fulton for die 1998 MdropoliWI Mayon ucl ComllPIP'l nen Youlh Awards w Qldlideied. RESOLU110N NO. a. SERIES OF 1'991 A RESOLU110N SUPPORTING 11tE NOMINATION OF MIOIAEL FULTON FOR 11tE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUIH AWARDS . COUNCIL MDDD IIA8ENICIIT MOVED, AND rr WAS SECONDU, TO APPROVE AGENDA rrEM 6 (a) (Y) • USOLUTION NO. I, SE81D Of 19'1. Ayes: Coacil Members Nabllolz. 0amtt. Bndlbaw, HabeDicbl. w...-,. Clapp. Bums Nays: Nolle Motioa carried. (vi) A reaolulion suppol1iDg die nomina«ion ofToai Gallcp for die 1998 MdropoliWI Mayon ucl Commillioaen Youlh Awds w COlllidcred. The reaoluliaa -rad ill fWl. flam die butll Wllenll. RESOLU110N NO. 9, SERIES OF 1991 .. ., •· • 0 I ~o I - ] • • • (, l.apewood City C•acil llebnaary 2, 1991 Pap:4 A RESOLunON SUPPORTING nm NOMINATION OF TONI GAU.EGOS FOR nm 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOU11{ AW ARDS . COUNCU. MEMBER IIASENICBT MOVED, AND IT WAS SECONDED, TO Al'PROVE AGENDA ITEM 6 (a) (YI)· USOLUDON NO.,, SERIES or 19'1. Ayes : Council Members Nabholz, Gama, Bradshaw, Habenic:bt. Wqgom:r, Clapp. Bums Nays : None Motion carried. Mayor Bums congnllllaled Ms. Gallep and preseDled her with a bKkpack and other items. (vii) A resolution supponing the lllllllillalioa fl Benjamin Grimsley for the 1998 Metropolitan Mayors and C-milliooen Youth Awanls •• coasideftlcl The resolution -read in full, from the founh Wbaas. RESOLunON NO . 10, SERIES OF 1998 A RESOLunON SUPPORTING nm NOMINATION OF BENJAMIN GRIMSLEY FOR nm 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUll{ AW ARDS . COUNCU. MEMBER IIASENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (Yil) • USOLUDON NO. It, SERIES Or 19'1. Ayes : Council Members Nabholz, Gama. Bradshaw, Habenicht. Wagoaer, Clapp. Bums Nays : None (viii) A relllluliaa lllppOl1ina the ~D#ioa fl Jam Headl for the 1991 Mcttopolitan Mayors wl C-ieionm YoDlh Awanll w c:omidaed. Council Member Habalic:lll .... lbal the relllluliaD be read in full fnlm the third Wllaas. SIie apologii.ed for ,-criq ._ the third ud fourth Wllaw. But. sbc DIiied, sbc is IJyillg DOI ID be repetitive and SW1ing widl lllc third Wbcrcal ii DOI beill& nipclilM. The resolution -read in full. fnlm the third Wbcrcal. RESOLunON NO. 11 , SERIES OF 1991 A RESOLunON SUPPORTING 11IE NOMINATION OF JAMES HEATII FOR 11IE 1991 METROPOLITAN MAYORS AND COMMISSIONERS YOUI11 AWARDS . COUNCU. MEMBD IIASENICBT MOVED, AND IT WAS SECONDED, TO Al'l'llOVE AGENDA ITEM 6 (a) (YIII) • USOLUDON NO. 11, uam Or 19'1. Ayes : Council Members Nabllalz. Gama, Bndlllaw, Hllleaicll&., Wagoaer, Clapp, Burm Nays : None ---- • . .. I· • 0 - Enpewood City COIIKII Febnary 2.1991 Paces • • • Mayor Bwns c:oagnlUlaled Mr. Hcalh and presented him with a backpack and other items. (ix) A rrmlution supporting the nomill#ioa aC Veronica Lara for the 1998 Metropolilall Mayon and CornroiPioaen Ycub Awards was c:onsidmd The raollllioa -rad in full. from the lllinl Wberas. RESOLtmON NO. 12. SERIES OF 1991 A RESOLtmON SUPPORTING 11fE NOMINATION OF VERONICA LARA FOR 11fE 1998 MElllOPOLIT AN MAYORS AND COMMISSIONERS YOlJllf AW ARDS. COUNCD. MEMBER IIAIIINJCBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (is) • U:SOLIJ'l10N NO. 12. SERIES Of 19'1. Motion carried. Ayes : Council Members Nlbbolz. Garfflt. Bradshaw. Habenicht Waggoner. Clapp, Bums Nays: None Mayor Bums cx,ngratulaled Ms . Lara and .,._ated her with a backpack and other items. (x) A resolution supporting the nominalion of Verina McNurlen for the 1998 Metropolilall Mayors and CommiPioaen Youth Awards was considered. The raolUlion -rad in full. from the dlinl Wbcmls. RESOLtmON NO. 13. SERIES OF 1991 A RESOLtmON SUPPORTING 11fE NOMINATION OF VERINA McNURLEN FOR 11fE 1991 METROPOLITAN MAYORS AND~ YOlllll AWARDS . COUNCD. MEMSU IIAllltNJCBT MOVltD, AND IT WAS SltCONDltD, TO APl'llOVE AGENDA ITEM 6 (a) (s) • U:SOLIJ110fll NO. ll, S1t1U1t5 Of 19'1. Ayes : C-=il Members Nlbllolz. Garfflt. Bradshaw. Habellic:bl. w....-. Clapp. Bums Nays: Nos Mayor Bums CXlllplllllaled Ms. McNlll1ra ad prCICllllld lier wilb a bal** ad odler *-· (xi) A raollllioll lllPIIOffllll Ille nomiWion aC We*y Moon: for Ille 1991 Metropolilall Mayon ad Cornroillicwwn YCllllh Awards was comidered. The raolUlion -rad in full . from the dlint Wbcmls. RESOLtmON NO. 14, SERIES OF 1991 A RESOLtmON SUPPORTING 11fE NOMINATION OF WESLEY MOORE FOR 11fE 1991 METROPOLITAN MAYORS AND COl6GSSIONERS YOl1111 AWARDS . •. • .. .. I· • 0 , ]- • • ·, • {. Enslewood City Comicil February 2, 1998 Pqe6 COUNCO. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (d) -RESOLUTION NO. 14, SERIES OF 19'1. Ayes : Council Members Nabbolz. Gam:tt. Bradshaw, Habenicbt Wag,ner, Clapp, Bums Nays : None Mayor Bums coagntulaled Mr. Moore and presented him wilb I backpack and other items. (xii) A resolution supporting the nomiDMioa rlCryml S. Thorson for the 1998 Melropolitan ~ and Commissioners Youth Awards w Cllllllidered. The raohllioa -read in fiall, from the third Wbcrais. RESOLUTION NO . 15, SERIES OF 1998 A RESOLUTION SUPPORTING 11IE NOMINATION OF CRYSTAL S. llfORSON FOR 111E 1998 ME'mOPOLITAN MAYORS AND COMMISSIONERS YOlmf AW ARDS. COUNCO. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (Iii.I) -RESOLUTION NO. 15, SERIES OF 19'1. Motion carried. Ayes : Council Members Nabholz. Gama, Bradshaw, Habenicht Waggoner, Clapp, Bums Nays : None Mayor Bums congnlUlaled Ms. Thorson and pracnted her wilb I backpack and other items. (xiii) A resolution IUppOl1iDg the nomiDMioa rlNicolc M. Trujillo for the 1991 Melnlpolilall ~ and OlmmiRioncrs Youlb Awards -..--.idnd. The resollllioa -read in ftall. from the third Wllaal. RESOLUTION NO . 16, SERIES OF 1998 A RESOLUTION SUPPORTING 11IE NOMINATION OF NI~ M. TRUJllJ..O FOR 11IE 1998 ME'mOPOLIT AN MAYORS AND COMMISSIONERS YOlfflf AWARDS . COUNCO. MEMBER HABENICIIT MOVED, AND IT WAS SSCONDU, TO Al'l'llOVE AGENDA ITEM 6 (a) (all} -RESOLOTlON NO. 16, SHIIS 0, 19'1. Ayes : Council Members Nabbolz. Gama, Bradlbaw. Habellidll, w...-,. Clapp, Bnnll Nays : Nolle Mayor Bums CIOllp1llllla&o Ms. Trujillo and pr--.! lier widl a backpack Md odler ilea&. (i) A reaolulion IUppOl1iDg die -iMiae rlTil'uy llwlilta for die 1991 Melnlpolilall ~ ud Ca "si •n Youdl Awadl w Cllllidlild.. . . • .. • • 0 ,_ 1.agtewood City COUIICil February 2, 19911 Pqe7 RESOLUTION NO. 4, SERIES OF 1998 • 0 - A RESOLUTION SUPPORTING 1llE NOMINATION OF TIFFANY BANNING FOR 1llE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOl.TIH AWARDS . COUNCD.. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (I) -RESOLUTION NO. 4, SEIIIES or 19'1. Ayes: Council Members Nabbolz, Gamtt, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays: None Geri Hodges. one of Ms . Banning's Englewood Student Opcion Program teachers, accepted the nominalioa OIi her behalf. * •••• • Mayor Bums lhankcd Mr. Davidson and Ms. Christie for assisting with the prcscnlation of the awards and asked for the audience to give tbcsc wonderful young people another round of applause. (b) Brid Reception Council recessed at 8:05 p.m. for a brid reception honoring the 1998 Metropolitan Mayors and Commissioners Youth Awards nominees. The meeting was n:convcned at 8:30 p.m. with all Council members present. Mayor Bums thanked everyone for participating in the reccptioa and apin offered bis coagralUlalions to the nominees . ••••• Mayor Bums explained that, with Council's permiaioa. he -.Id be takiDg an item out cl order aa this point. He advited that Public Worts DifllCIOr Clluck &laty and EapaceriDg ManaF' Rick KaluD have asked to make a brid prCIClllalioa to Council on the 11ab11 cl die ldeclion cl an:hitccu for the Foley's building. Dilector ESICl'ly S1llal they ,nn&ed to brid' Council on ..._ we arc: PIii with the aimultant sdoclioo . They received propcmls 6am allllllltaatl on J....-y 19*' ud UMIDd -dift'erenl an:hitecu to IUbmit propcmls to the City. They alled for pnlpOlals 6am Micllad Blrbcr Arcbiteclllle. Beaaca, Wagner .t. Grody, Eric Bartczak An:bitecu. Tbc Allred An:llitecblnl Group, Filber Aax:i11cs. Dmd Owen Tryba Arcbitccu and CLC A110Cia1e1. lac. He lldviml that cl the-ft,-, oae cltbc linns ... Micbac.l Butler, witlldrew. Two otbcr linns ... Bcllllell. Waper .t Grody ud Eric BancDk Arcbitects, weal IOgelller ud IUbmiaed oae propmal . So. be aid. they l'CICICMd a latal cl fM propcmJs. Tbcy weal through a ldeclion procea with • ldeclion .... which iDcludel bimelf. Rick Kabm. Ga,y Scars, reprcaea&iDg the City Manqcr's omce, Jcndl Black~ tbc Culblnl Ans Commillion. Tamara Wolfe n:praealUI& the Coun. Haak Loaa ~ the Libnry ad Hanild Sein rcpraeating COIIIIIIUDity clndopmcnt. Tbcy have beea nepcwing willl die udliteCI wllicb w lClected. He noted the gn,up -iD favor cl Tryba An:lli1ee11. 1-loMwr, die m ill' this pn,ject are well owr a balf million dollan. At this poinl iD time, be IIIIMad, they bavc IICfllblllll .. • far • Ibey can with llllir llnl c:boice cl an:liilecll, Tryba. He nalld lbcy are not 11ft Ibey an ..aJy lady ID ipeDll die di&ralce ia CXlll for him ud .... _ cldle olbcr ardlilll:ll llliglll CXlll al dlia ...... ~-Aclually, be ldrial. .... •. •· • 0 '•: , Ir, ' - • Ea&lewood City COUIICil February 2, 1998 Pace 8 • 0 I• - this week the selection committee will be getting back together and talking over really how much they like the architect they arc negotiating with right now and if they believe they arc wonh what the diffcrcncc in fees is for the project. So, he advised. they will be coming back to Council very soon with a rccollllllClldation of who they arc going to select Director Esterly DOied that he just wanted lo keep Council posted that that is moving ahead right now and things arc aclivcly going on right now . He said he would be glad to answer any questions. Council Member Bradshaw asked about the half million he was talking about Director Estcrly explained that the fee for the archita:t is running over half a million dollan right now . Ms. Bradshaw asked what the fee ooven:d. Mr. Esterly advised that that is just the fee 10 design the project and there would be additional fees if wc were to engage them during the construction phase . Either totally as a construction manager or as an advisor. there could be two different ways lo do it Council Member Waggoner said then lhal would be for the preparation of plans and specifications 10 rehab the Foley's building into the City Hall. Court and Library facility. Director Esterly said that was correct Council Member Habenicht said and the cultural facility . lo response 10 Mayor Bums. Director Esterly advised that. depending on who the other architect is that you might go with. the spread is about SI S0.000 in what the fees would be for the various finns. He commented that that is a significant diffcrcncc. And. he noted. there is a significant diffcrcncc in the finns and their apparent creativity. Director Esterly said they have lo weigh how much value they provide for that additional cost. Thal is something the committee will be considering. City Manager Scars commented that Mr. Esterly might also want to note that pan of the proposal ... which he opined. Mr. Esterly did a really nice job on ... calls for a kind of initial review al 60 or 90 days, where wc don't expend the entire IDIOWll of money until they kind of get the go ahead. He noted he thought it was good to show the full picture. bul there is, • lcall. that preliminary look at that building. Director Esterly adviled that they an: nqociating with them about the total fees, so wc all have a handle on what wc an: FUiag info and wllal dlis is rally going to COil us. He noted thal. as Council may remember, one of the ft.-they didn't Idea. BartCDk ArdlilCldl. did. in about a week and a bal( an evaluation of the building and said they didn't find any falal flaws in tbe building. Al this point in time. he said, one of the first things the new an:hileCI would do would be to review tbat wort and then go in and do their own wort . Aclually spending -time looking • the plus. n:aauring dlemleMs that therc is not a falal 0aw 10 the projcct that would rally drive the COIi up and 1111111c it impnClical IO proceed. So that would probably happen when they arc only about 10% of the way through the plans. Mayor Bums questioned the source of funds 10 pay for the fees . Director Esterly stated that the source of the funds is whalcvcr source of funds wc care to assign 10 them. Al this point in time the source of funds has not been identified, he advised. bul the Gcncral Fund would be a likely source . City Manager Scan advised that they have kind of talked in terms of both the l'CSffl'C fund and a designated reserve fund and also there were funds set aside in this yean budget to remodel the coun. So those two sources of funds would. he opined. be identified a the two they would probably CX11DC back to Council with. Director Esterly Slated that there is a significant amount of funds in the PIF and one of tbe reasons wc got into this project was becaUle we were going to spend a larF amount of money, IIIOllly out of the PIF and some out of the Capital Fund. to make improvements to City Hall . And. if we proceed with this, we would not do those im.,_u ID City Hall. But. lClllally, the funds need to approprialfd and ii would be a supplemental, because they have never been assigned to this project lleloR . •• ...... .• - • •· • 0 -• • • '· Enctewood City Comacil llebnauy 2, 19'1 ... , Mayor Bums akal if there 'MR any other questions. There wen: none. He thanked Director Esterly. Mr . Estaly adviscd they will keep Council up IO dale. (a) Olp Wolosyn. 3210 South Llncoln, Chaiman of the Cultural Ans Commission, advised dial she W praent with fellow .-.bcl'S of the C-jpjog IO show support for the reaollllioo moc,mmenctiag ammal funding for an art ia public pl.ics pn,gnm ia Englewood. She DOlrXl that the Commiaioll is aanm11y ilMIMII ia wortmg on two pnljlm. One is '° rep1ace the 11a111e at 1>1y ens Plua and another is working with the art at the llatioa group ID pul ia place. and commislion, an original art wort dial~ sit ia the windlcreen. Ms. Wololya CCJmm ......, that a prngnun like this would be a great, obvious boost IO the SIKXICllfu1 c:omplelioa of thac two projecls. ID general. she opined. the Commission appreciales Couacil's COlllidentioa of a rule for the arts ia their plans for Englewood's future. In fact. she noted. one member feds that the .-ac of this resolution would signify a true reaaimaa: ia Englewood. (b) Marvin Hall. a property owner and business owner at 2800 South Elati Street. advised that be fumisbcd the City Clert with a lclter. and enough aipies for Council , rqarding his views on the north Englewood small an:a redm:lopmcat plan. He n:qucsled that the letter. with his views, be made part of the official record of the meeting. Mr. Hall opined tbat it is an urgent issue that deserves Couacil' s immedille aaeatioo. Perhaps. be said. at the cad of the meeting Council could. during their general discussion, open this up for some delenniallioa IOlligbt. He IIOlrd if they read what he passed out they will see tbat be tbinb it is urgent. He said be can't stay for the cad of the moeting. Couacil Member Bndsbaw akal if be -a raicleDt of Eaglelwood. Mr. Hall advised that be is not a resident. bul be is a property owner, taxpayer and business owner. 8. c:C--iel ~:a11f'1111--.,. Pred-etiolll • Af••fstm u (a) A pmdanwtioa laaiag the 65* Amliwnary of the VFW w CDlllidered. COUNCD. MDISER CL.\l'P MOVED, AND rr WAS SICONDD, TO PIIOCL,\DI nm MONTB 01' RSRUARY, 19'1 AS vrnRANS 01' roaaGN WARS MONTB IN HONOR 01' OUR ENGLEWOOD VJrW POST 322, 65,. ANNJValSAIIY. Ayes : Council Memllels Nabllolz, Cilmll. Bradlbaw, Habmic:bt. Wagoaer. Clapp, Buras Nays : None Motion carried. Mayor Burm prelCOtal the proc1amatioa IO Troy Bracbal. VFW POil 0:Ma-llder and Men Rodi, VFW Ladies Auxiliary President. ••••• Mayor Buras advi9lld that next we uw a aeriel of..,.._ 1fPCMBli"I various lmlllbal of the COllllllllllity to our boudl and coemillioN He ..,.. tbat twice a ,_. eo-:il i-.vicwl ...:C a tbae board and c:ommiaioa paltl ud be tbollgJlt we bid.,... of 100 oftllem. (b) A raolutioa lfPCMBliBI Lwctl 8analiae 10 die Enpwood Liquor l..iceDliD& Audlority -crmidcred. ,, - ... •· • 0 , Ea&lewood City Coucil Jl'ebnaary 2, 1998 PqelO • 0 • The resolution was assigned a number and read by title : RESOLUTION NO. 17. SERIES OF 1998 A RESOLUTION APPOINTING LAURETI BARRENI"INE TO 1llE LIQUOR LICENSING AUTHORITY FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCB. MEMBER aRADSBAW MOVll:D, AND rr WAS Sll:CONDED, TO APPROVII: AGENDA rrll:M I (II) -RESOLIJ'DON NO. 17, SEIUll:S OJI' 1'91. Motion carried. Ayes : Council Members Nabbolz, Gureu, Bradshaw, Habenicht, Wagoner, Clapp, Burns Nays: None (c) A rcsolutioo appointing BiU Belt to the Englewood Retirement Board was consideml. The resolution was assigned a number and read by tide : RESOLUTION NO . 18, SERIES OF 1998 A RESOLUTION APPOINTING Bll.L BELT TO 1llE RETIREMENT BOARD FOR 1llE CITY OF ENGLEWOOD , COLORADO . COUNCB. MEMBER WAGGONll:R MOVll:D, AND rr WAS SECONDED, TO APPROVII: AGENDA ITEM 8 (c) -RESOLIJ'DON NO. 18, SltlllltS OJI' 1998. Motion carried. Ayes : Council Members Nabbolz, Garett, Bradshaw, Habenicht, Waggoner. Clapp. Burns Nays : None Mayor Bums presented the resolution, a catificale IIICI City pin to Mr. Belt. (d) A rcsollllioa reappointing Billy Douglas to lbe Eaglcwoad Pluaillg wl l.oaiag Commission was COlllicleffd. The resolution was assigned a aumber wl read by tide: RESOLUTION NO. 19, SERIES OF 1998 A RESOLUTION REAPPOIN11NG Bill. Y DOUGLAS TO 1llE PLANNING AND ZONING COMMISSION FOR 1llE CITY OF ENGLEWOOD. COLORADO . COUNCB. MEMBER aRADSBAW MOVll:D, AND rr WAS Sll:CONDED, TO Al'l'a()Vlt AGENDA rrll:M I (II) -llll:SOLU110N NO. It, SUlltS OP 1"'- Ayes : Council Members Nabbolz, Gama, Bradlllaw, Habenicbt. Wagoner. Clapp, Burm Nays : None Motion carried. Mayor Bums praented lbe rcsolulion. a ccrtificllc and City pin to Mr. Doqlas. "' - •. •· • , - • • En&letrood City Coucll February 2, 1991 P•ll • 0 • I • (e) A resolution appointing Don Edwards to the Englewood Clean, Green and Proud Commission was c:onsidered. The resolution was assigned a number and mid by title: RESOLUTION NO . 20, SERIES OF 1998 A RESOLUTION APPOINTING DON EDWARDS TO 11IE CLEAN, GREEN AND PROUD COMMISSION FOR 111E CITY OF ENGLEWOOD, COLORADO . COUNCIL MDIBl:R WAGGONER MOVED, AND IT WAS Sl:CONDl:D, TO AnROVE AGENDA ITEM I (e) • USOLU110N NO. 20, Sl:llll:S OF 19'1. Mooon carried. Ayes : Council Memben Nabholz. Gamtt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (f) A resolution appointing Katherine fifchblch to the Englewood Code Enforcement Advisory CommiltCIC was c:omidcred. The resolution was aaigned a IIWllbcr and mid by title: RESOLUTION NO. 21, SERIES OF 1998 A RESOLlJl'ION APPOIN11NG KA1HERINE FISOIBAOI TO 11IE CODE ENFORCEMENT ADVISORY COMMnTEE FOR 11IE CITY OF ENGLEWOOD. COLORADO. COUNCIL IIDl9U IIADNIC8T MOVED, AND IT WAS SEC0NHD. TO Al'PllOVE AGENDA ITEM I (I) • USOLU110N NO. 21, Sl:llll:S OF 19'1. A,m: Council Memben Nabholz. Olma, ~. 1W1eaic11t. Waggoner, Clapp, Bums Nays : None The rea,lution -aaiped a ..-er ud read by tide: RESOLUTION NO . 22 , SERIES OF 1998 A RESOLLmON REAPPOIN11NG MARGARET GIFFIN TO 11IE PUBLIC LIBRARY BOARD FOR 11IE CITY OF ENGLEWOOD , COLORADO . COUNCIL MDIBl:ll WAGGONER MOVED, AND IT WAS Sl:CONDU, TO AnROVE AGENDA ITEM I (I) • USOLUTION NO. 22, Sam:5 OF 19'1. A,m: C4mlcil Melllben Nlbllolz. Olma. Bndllllw, Hlbenidll, w...-,. Clapp, Bums Nays : Nolle ,,. - •· • 0 , - - Ell&lewood City COIIIICII Jl'ebnaary 2, 1991 Pqel2 Motion c::arried. (. • 0 t• • Mayor Bums presented the raolution. a cenific:ate and City pin to Ms. Giffin (h) A resolution appointing Jill Gillert to Ille Eaglc-,d Clean, Green and Proud Commission was consideRd. The resolution -aaigaed .. number and read by title : RESOLUTION NO. 23 , SERIES OF 1991 A RESOLUTION APPOINI'ING JILL On.BERT TO 11IE a.EAN. GREEN AND PROUD COMMISSION FOR 11fE CTIY OF ENGLEWOOD. COLORADO. COUNCil. MEMBER WAGGONER MOVED, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM 8 (Ii) • RESOLUTION NO. 23, SERIES 01' 1991. Ayes : Council Members Nabbolz. Gufflt. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Mayor Bums presented the resolution, a cenific:ate and City pin to Ms. Gilben. (i) A resolution reappointing Kristen Gillmoo to the Englcwoocl Clean, Green and Proud Commission was considered. The resolUlioo was assigned a nwnber and read by title : RESOLUTION NO . 24, SERIES OF 1991 A RESOLl1l10N REAPPOINTING KIUS1»l Gill.MON TO 11IE a.EAN, GREEN AND PROUD COMMISSION FOR 11fE CTIY OF ENGLEWOOD. COi .QRAOO. COIJNCIL MUlaU WAGGONU MOVED. ANlt ff WAS SECONDO, TO Afl'llOVE AGENDA rnM I (I)· USOLUTION NO. M. SDUa OI' 19'1. Motion c:arricd. Ayes: ~ Mmllas Nlllllalz, Gama. Bndlllaw. Habenicbt. w...,....aa...a.. Nays : None (j) A raolutioa reappointin& Austin C.-IO Ille Eapcwood Pub and Recsalioa CommiMioa was c.oasidered. The l'C:IOIUlioo was aaigaed a nwnber and read by title : RESOLUTION NO. 25 , SERIES OF 1991 A RESOLUTION REAPPOINTING AUSTIN GOMES TO 11IE PARKS AND RECREATION COMMISSION FOR 11fE CTIY OF ENOLEWOOD. COLOR.~. . ' •· • 0 r ~" I - Ea&teweed City c-il rebnaary Z. 19'1 Pap: 13 • 0 • COUNCD. MDDIUl WAGGONER MOVD, AND IT WAS SECONDltD, TO APPROVE AGENDA ITEM I (j) • RESOLU110N NO. 25, SElllES or 19'1. Ayes : Council Members Nabholz. Gam:tt. Bradshaw, Habenicht, Waggoaer. Clipp, Bums Nays : Nooe Motion carried. Mayor Bums presealed the raolulion. a ClCl1ificlle and City pin to Mr. Gomes. (k) <XIIISidcffld. A raolutioo reappointing Matt Guy to the Englewood Water and Sewer Board was The rmo1Ulioo -amped a IIUlllber and read by title: RESOLtmON NO . 26, SERIES OF 1998 A RESOLtmON REAPPOINTING MA1T GUY TO mE WATER AND SEWER BOARD FOR mE CITY OF ENGLEWOOD . COLORADO. COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (k) • RESOLU110N NO. 26. SltlllES or 19'1. Ayes: Council Melllben Nabholz. Gam:tt. Bradshaw, Habenicht, Waggoaer. Clipp, Bums Nays : Nooe Motion c:arried. (I) A raolution appointing DdJonb Llduam to the Englewood Planning and Zoning Commillion-~ The raolulion -aaiped a llUlllbcr and read by title: RESOLtmON NO . 27, SERIES OF 1998 A RESOLtmON APPOnmNG DEBORAH LA11DlAM TO 11fE PLANNING AND ZONING COMMISSION FOR 11iE CTIY OF ENGLEWOOD. COLORADO. COUNCD. MDDIUl WAGGONER MOVED, AND IT WAS SECONDO, TO Al'l'llOVE AGENDA ITEM I (I) -RESOLITl10N NO. 27, SDmS OJ 1-. Motion carried. Ayes : Council Melllben Nabholz, Gama. Bndlllaw. Habenicht, Waggoaer, Clipp, Bums Nays : Nooe Mayor Bums praenled the raolulion. a a:nificae ud City pin 1111 Ma. Laduam. (m) A raolulion rappoiDfiDg Jo Lay IO the Enpwood Eleclian Ownmillion - ~ Tbc raolulioa w laiped a aumbcr ud read by title: RESOLtmON NO. 21, SERIES OF 1991 . . •. ... •· • 0 , - 1:a&lewood City C-11 ll'ebnaary 2, 19'1 Pap:14 • • • : . A RESOLtmON REAPPOIN'l1NG JO LAY TO 11IE ELEC110N COMMISSION FOR 11IE CTIY OF ENGLEWOOD, COLORADO. COUNCD. MDIBl:R WAGGOND MOVED, AND ITWAS SECONDED. TO Al'PaOVE AGENDA ITDI I(•) -RESOLUTION NO. 21. sums 011' .,., Ayes : Council Members Nabbolz, Gama, Bradshaw. Habenicht. Wagoacr, Clipp, Bums Nays: None Motion canicd. (n) A l'Cllllution appointing Sandy Marvin to die Eoglewood Clean, Green and Proud Commislion -OODSidercd. The resollllioa -assigned a number and read by tide: RESOLt.mON NO . 29, SERIES OF 1998 A RESOLUTION APPOINTING SANDY MARVIN TO 11IE CLEAN . GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD , COLORADO . COUNCD. MJ:MBl:R WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITl:M I (a) -RESOLUTION NO. 29, S&all5 011' 1"'- Ayes : Council Members Nabbolz, Gurdt, Bradshaw, Habenicht, Wagoacr, Clipp, Bums Nays : None Motion carried. Mayor Bums presented die resolution, a certific:ale and City pin to Ms. Marvin. (o) A resolution appoinling Virginia Mclnlolb to die Englewood Board of Adjusbnent and Appeals -OODSidercd. The l'Cllllution -assigned. number and read by tide: RESOLt.mON NO . 30, SERIES OF 1998 A RESOLUTION APPOINTING VIRGINIA MclNl'OSH TO 11IE BOARD OF ADJUS1MENr AND APPEALS FOR 11IE CTIY OF ENGLEWOOD, COLORADO. COUNCD. MDDU WAGGONER MOVED, AND IT WAS Sl:CONDD, TO APPROVE AGENDA ITl:M I (o) -RESOLUTION NO. JO, sums OJ 1"'- Ayes : Council Members Nabbolz, Gama, Bradshaw, Habeaic:bt, Wagoacr, Clapp, Bums Nays : None Motion carried. Mayor Burm praeoted die l'Cllllulioa. • certificalc ... City pia .. Ms. Mclalalll. (p) A l'Cllllution reappoin«ina SIC\'e Ne,a • die ~ Pllb ..a Rm.-iaa Commillioa -COlllidend. ....... II ~ • . •· • 0 I Englewood City Council February 2, 1998 Pase 15 • 0 • The resolution was assigned a number and read by tide: RESOLUTION NO. 31. SERIES OF 1998 A RESOLt.mON REAPPOINTING S'lcVE NEYER TO 1HE PARKS AND RECREATION COMMISSION FOR 1HE CITY OF ENGLEWOOD. COLORADO. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (p) -RESOLUTION NO. 31, SERDS OF 1"'- Ayes : Council Maoben Nabbolz. Garffll. Bradshaw. Habenicht. Wagoner, Clapp, Bums Nays : None Motion carried. ( q) A resolution appointing John Louis Parkinson IO the Englewood Public Library Board was considered. The resolution was assigned a number and read by tide : RESOLUTION NO . 32 . SERIES OF 1998 A RESOLUTION APPOINTING JOHN LOUIS PARKINSON TO 1HE PUBLIC LIBRARY BOARD FOR 1HE CITY OF ENGLEWOOD , COLORADO . COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I ('I) -RESOLUTION NO. 32, SEIUU OF 1"'- Motion carried. Ayes : Council Maoben Nabbolz. Ganm. Bradshaw. Habenicht. w...-,. Clapp, Bums Nays : None (r) A resolution appointing Doupas RiniDF" to the Englewood Pluaillg and Zoning Commission -coasiclcred. The resolution was assigned a number and read by title : RESOLlITION NO . 33. SERIES OF 1998 A RESOLlITION APPOINTING DOUGLAS RININGER TO 1HE PLANNING AND ZONING COMMISSION FOR 1HE CITY OF ENGLEWOOD . COLORADO . COUNCll. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO Al'l'aOVE AGENDA ITEM I (r) -RESOLUTION NO. 33, Sl:all:S OF 1"'- Aya: Counci1 Mcmllen Nabbolz. Ganm. Bradlllaw, Hlbeaicht. w...-,. Clapp. Bums Nays : None Mayor Burm p,aealed the raolulioe. I oeniflcae ud City plll ID Mr. lliaiapr. • I • • Ealiewood City Council February 2, 1998 Pace 16 • 0 • (s) A resolution appointing Tim Tucker to the Englewood Code Enfon:cmcnt Advisory Committee was considered. The l'CIOlution was alligped a number and read by tide: RESOLUTION NO. 34, SERIES OF 1998 A RESOLUTION APPOINllNG TIM TIJCKER TO 11IE CODE ENFORCEMENT ADVISORY COMMITI'EE FOR 1llE CITY OF ENGLEWOOD, COLORADO. COUNCB. MEMBER HABENICHT MOVED, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM I (1) • RESOLUTION NO. 3', Sl:llm OJ 19'1. Ayes : Council Members Nabllolz, Gamtt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : Nooe (I) A l'CIOlution appointing Mitch Waldmu to lbe Englewood Parks and Recreation Commiaion was considered. The l'CIOlution was assigped a number and read by title : RESOLUTION NO . JS , SERIES OF 1998 A RESOLUTION APPOINllNG MITCH W AlDMAN TO 1llE PARKS AND RECREATION COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCB. MEMBER WAGGOND MOVED, AND ff WAS SECONDED, TO Al'PllOVE AGENDA ITEM I (t) -RESOLUTION NO. 35, Sl:llm OJ 19'1. Ayes : Council Members Nabllolz, Gamtt, Bradlbaw, Habcaic:bl. Waggoner, Clapp, Bums Nays : None Molioa carried. (u) A l'CIOllllioa appointing Cliff' Wciabcrlcr to die Englewood Dowwwn Dewelapmcnt Authority was coosidered. The l'CIOlution was assigped I aumber and read by title : RESOLUTION NO . 36, SERIES OF 1998 A RESOLUTION APPOINllNG CUFF WElNBERGER TO 1llE ENGLEWOOD DOWNTOWN DEVELOPMENT AtmiORITY. COUNCB. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA REM I (a) -RESOLUTION NO. l6, SEIUl:S OJ 19'1. Molioo carried. Ayes : Council Members Nabllolz, 0ama. Bradlbaw, Habenicbt, Wagoner, Clapp, aw. Nays : None ..... ,, - •. .. •· • 0 f 1- • Engl-ood City Council Febnaary 2, lffl Pa~ 17 • 0 I • • (v) A resolution reappointing Carl Welker to the Englewood Planning and Zoning Commission was oonsidercd. The resolution was assigned a number and read by tide: RESOLUTION NO. 37, SERIES OF 1998 A RESOLUTION REAPPOINTING CARL WELKER TO mE PLANNING AND ZONING COMMISSION FOR mE CITY OF ENGLEWOOD, COLORADO. COUNCU. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (v) -RESOLUTION NO. 37, SERIES OF 19'8. Motion carried. Ayes: Council Members Nabbolz. Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None • •••• ,, ~ Mayor Bums asked that everyone join him in giving a round of applause to these wonderful volunteers. 9. Public Beari•c (a) COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN THE PUBUC BEARING TO GATHER INPUT ON AMENDMENTS TO THE ENGLEWOOD MUNICIPAL CODE REGARDING FENCES, W~, AND VISUAL BARRIERS. Ayes : Council Members Nabbolz. Garrett. Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays : None Motion carried and the public hearing opened. All testimony was given under Ollh . Planning Assislant Brad Denning Slated he is with the office of Neipborbood and Business Development He submitted for the record Proof of Publication of Noticz of Public Hearing. which appeared in the Englewood Herald on January 9, 1998 . He advised that Sldrequesll thal City Council amsider testimony duriag this public hearing on the prClpOICld ~ Compn:bensive Zoning Ordinance amendment. Scclion 16-4-17, to revia existing fence and nil llaDdardl in the City or Englewood. The propo,cd ordinance, he noced, is an implemenlalioa llql for Ille ooaceplS, suasegies and actions oontained within the South Broadway Actioo Plan. lbis onlinancc. he explained is an c:ffi>n by Englewood to redevelop the enti~ City of Englewood derived from Ille South Broadway implementation process . The ordinance is a result of recommendalions from raidcnts, the busi11CS1 community, the Chamber or Commerce and odlers. Staff' is focused on f'ol1owiDg c:enaia orientalions or policy -to improve the current ordinance. ffe swed that thole -. pedelarian orielllal to proleCl the safety or people OD the sueets, whicb is one of the 1111111 important objectiYe&, llleniby iclentifyillg and defining a more comprdlensive explanalion of a SUODg sight clulaDce lriuglc, to provide grater sec:urity for the business community and to coasider a more aeabccic:ally plealilla alpllCt offmciag. • well. He llaled lllff' believes they have found a conu-. puuDd. a balallcc ...,..111e1e i-. aml odlcn, in the ordinuce being presented tonight Mr. Denning poinled out thal die ... DDlllllc pn,vilions for allllidenlioa - visibility. closely resembling the current onlinancc. but witla additional llalldanls spd1ed out and height . ..... • • . ., I· • C ]- • • • Enctewood City C-il Febna...,, l, 1998 Paaetl SlaDdards. which have been ,enerally iDcrealed to provide securily and safely . He advised that Slaff is available for questims prior to tbe public bearing. Council Member Wagoner IIOled dial llllder cl.-of fences, Wider malcrials, there is a lot of raereacc to • high quality brict, lligb quality metal. high quality Sled, high quality 8*Crial. He said be is c:oafllllld by tbe lenD lligb quality. He ukcd Mr. Denning bow be would ddine lhal. Mr. Dcnning llllal tbat rdaliwly speallina it dq,eedl OD tbe iadividual, but we are looking II mataials tbat have cbaapd IMI" time. Such • tbe -villyl aad plalics tbat are out there. So, be noted. high quality is obvioully a penzpliOD aad it wuuld be ditncult to ckfiDe. Council Member Wagoner poillled OUl lbal be bas aeen ,ome wood lbal cloml't look to be very high quality, for instance when you get rough cut cedar. Prec:isdy, Mr. Deanill& aid. Mr. W...-r questioned wbctber lhal is something Ibey need to address before Ibey !*I tbe onlinance. Mr. Dcnning ad\liml tbat Ibey are looking at new malcrials, so if somc,bing is replaced it is not replaced witb somc,bing lhal bas been lying around. He commented tbat there are some fmca in cWrerent -lbal ll'C .. died witb • variety of dift'erent malcrials, so you several difl'erent designs or types in one fence . It makes it look like a palCbwork, piecemeal type of fence . Mr. Waggoner noted lbal eYeD if you me cedar, oncc .-r sprays on cedar it 5laJt5 changing rolor and so when you replace a boud on tbat you get a nice, bright, shiny new cedar boud and until you spray some water on it it cloml 't gct to be the same color. Mr. Denning agreed lhal it bas a natural aging process. Council Member Wagoner advised tbat the otbcr question be bad was under clec:tric fence , Class 7, WOYm wiR. He said be lalows tbere are some people lhal will bury an dectrical wiR in order to a>otrol a dog witb a collar. Mr. Waggoner asked iflhal would be consideral a fence . Mr. Denning said no, that be bcliewd the Planning and l.oning Commission determined lhal was not a fence, that it was more of a dog rdaled rccic:tion. So, be advised, it is not considered a fence, in this repnL Council Member Habenic:bt asked if this addRsses tbiDgs like ban on windows. Mr. Denning said no . COUNCB. MDUU WAGCOND MOVED, AND rr WAS SICONDU, TO CLOSE TRI: PUBUC IRAIUNG TO GATBl:ll lNPIJT ON AMENDMENTS TO TID ENGLEWOOD MUNICIPAL CODE UGAIIDING RNCES, WALU, AND VISUAL M••JUS. Ayes : Council Mmlbcn Nabbolz, Gama, Bndlbaw, HabeDic:bt. Waggoner, Clapp, Burns Nays : Nooe Motion carried and the public bearing cloaed. Mayor Bums advised tbat it is Council 's CIIIIOIII that Ibey do not \/Ole OD the onlinaDce the same night Ibey have the public bearing. 10 . c ... ~ (a) Appro¥al of Ordi.nanc:a on First RadiDg 1bae wen: no additional items submitted for approval on lint reading. (Sec Apnda Item 11 -Regular Agenda.) (b) Appro¥al of Ordi.nanc:a OIi Second RcadiDg COUNCB. MDIUll WAGCOND MOVED, AND rr WAS SICONDU, TO Al'l'llOVE CONUNT AGENDA ITDI It {It) (I) ON SICOND HADING. •· • 0 , - • •, • Ea&tewood City C.-:il Jebnaary 2, 1991 Pqe19 (i) ORDINANCE NO. 14, SERIES OF 1998 (COUNCll. Bll.l. NO . 2. IN'IllODUCED BY COUNCll. MEMBER WAGOONER) AN ORDINANCE AtnHORIZING AN INmROOVERNMENTAL AGREEMENT E.N1T1l.ED "GRANf OF CT1Y DITOI RIGHT-OF-WAY" BE'JWEEN 11IE ENGLEWOOD HOUSING At.mlORITY AND 11IE CITY OF ENGLEWOOD FOR 11IE PROPER1Y KNOWN AS 3400 SOUTH SHERMAN. Vote.-lu: Ayes: Council Memben Nabbolz. Ganal. Bl'ldlbaw, Habeaicbt. Waggoner, Clapp, Bums Nays: None (C) Raolucioas and Motions COUNCB. MDDD WAGGONER MOVED, AND rr WAS SECONDO, TO APPROVE CONSENT AGENDA ITEMS 11 (c) (1), 00, (Ill) aN(IY). (i) RESOLUTION NO. 38, SERIES OF 1998 A RESOLunON ESTABLISHING FEES FOR AUTO SALVAGE AND RECYCLED MATERIALS YARDS LICENSES UNDER nn.E 5, CHAPTER 10, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985. (ii) RESOLUTION NO. 39, SERIES OF 1998 A RESOLlTOON AMENDING SECTION 6 OF 11IE CT1Y MANAGER'S AGREEMENT. (iii) RESOLUTION NO. 40, SERIES OF 1991 A RESOLunON ESTABLISHING 11IE ANNUAL SALARY FOR 11IE CT1Y ATIORNEY FOR 11IE CALENDAR YEAR 1998. (iv) RESOLUTION NO . 41, SERIES OF 1998 A RESOLunON ESTABLISHING 11IE ANNUAL SALARY FOR 11IE MUNICIPAL COURT JUDGE FOR 11IE CALENDAR YEAR 1991. Vote raala: Ayes: Coullcil Membell Nlllllolz. Gama. ......._, Habeaidll, w...-,. Clapp. Bani Nays : Nolle II ........ A..- (a) Approval alOnliaucel oa Finl Radilla . , •· • 0 I Eapewood City Coudl Febniary 2, 1991 Pqe20 •, • 0 , . • (i) A rec:ommendalion from the Deputmcllt of Safety Services to adopt a bill for an ordinance approving a building lcalC at 2909 South Broadway to serve as a Community Policing Substation was consiclered. COUNCU. MEMBER NAIIBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCD. alLL NO. 9. COUNCil. BD..l. NO . 9, INTRODUCED BY COUNCil. MEMBER NABHOLZ A BD..l. FOR AN ORDINANCE AurHORIZING 11fE LEASE OF A PORTION OF A Bun.DING LOCA'IBD AT 2909 SOUlll BROADWAY BY 11fE CITY OF ENGLEWOOD . City Manager Sears adviml that Division Chief Tom Vandcnnec was present to address any questions . Mayor Bums asked Mr. Vandennee to comment on the proposed ordinance at little bit, for the record. Mr. Vandennee advised that the recommendation is that an ordinance be passed to enter into a lease for the property at 2909 South Broadway . Tbc use of the building wiU be as a subslation for the Deputmcllt of Safety Services police division. and it wiU house the impact team and the a>mmunity relations function. He noted they also anticipate the building wiU be used for smaller neighborhood type meetings and would scm: a very beDdicial liaaction in the community by making even -available the street officers. the patrOI officers. as well as the impact team and the a>mmunity relations function. Council Member Bradshaw compli-aed Mr. Vaadennee oo this iDDOYalive idea and opined it is really a 51ep in the right direction. She s&alal she rally appreciates all their eft'ons . Mayor Burns noted that it is a ranarbble cbugc of use for tlw location. Council Member Nabbolz agreed tlw it is and noted that it is long CMrdue . Council Member Habenicht Slaled. for Ille record. lbal Council does not have a lot to ditcuss here because they did dilcula it at a study ~ and Ille replal-Council madiDg IM> weeks ago . And. sbe COIIIIIIClllal. sbe thought all of Council -llnlagly supportive. Mayor Bums agreed. Motion carried. Ayes : Council Malben Nabbolz. Gama. Bradshaw, Habenicbt, Waganer. Clapp, Burns Nays : ~ (i) Council Bill No . 99, approving an 1mcndmenc to the Englewood Municipal Code reprdin& 11111b removal -~ COUNCD. MEMBER WAGGOND MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (')(I)· COUNCD. an.I. NO. "· Council Member Habenicbl comm 1 lbal • • prablbly llad -calla, -comw wl ._ been llopped in the pocay IIOle. oa Ille llnllll ud wllll llll¥C yoia. oa this onliMDCC -dlan OD ay other for • loaa time . Sbc opined CWll,tiody -to -Ille FOd 11111 caa -of this ordi--. bul other people are really ODIKlCnlld lbaul ..,..11111......,., ..._ wida a priYlle ,..._ .._ they c:an perbapl ck) ii lllcmslvel. Ml. Habalic:III aid Ilic ID 1 ... a lot of Ille ~ IMI a lot of "' - • t • • l - - En&kwood City Council Febnaary 2, 1998 ,.21 • 0 • the citi7.Cns have will be addressed in a fonbcoming licensing ordinance. She asked if that is correct . City Attorney Brotzman advised Council has already passed the lic:cnsing ordinance. Council Member Habenicht asked when Council is supposed to take into account the cooccms of some of the people in terms of going together with some of their trash hauling or some of the kids helping their parents. She questioned how they are dealing with that. Ms . Habenicht 5Wcd she would like to have that addressed. Because. she advised. thal is one of the major issues people bring up. Council Member Nabholz opined thal the way the Commission viewed this is as a code enforcement tool. She noted, as Council Member Clapp staled, it is like having car imurance, we are not going to be Slopped. unless we are doing something wrong. to prove thal we have that insurance. She maintained it will not be like we are using our code enforcement department to go out daily and check to see if each one of us has a trash removal service. If the trash swts to accumulale in the alley or in the front of the house. then the code enforcement officer has that right to be able to go to that door and say ~do you have a licensed trash hauler in your name." And. she advised. there won 't be any , quote unquote. enforcement unless it becomes a problem. Council Member Habenicht asked if Council Member Nabholz thought there would be any problem with the coercion on the pan of say, a trash hauler, to track down people who don't have trash hauling. Son of forcing them into spending their money . Ms. Nabholz said no, she did not think so. not if they are properly having their trash removed. She noted. as Dan Brownan said. it could be a neighbor removing their trash. Council Member Clapp said that. as she understands it. we are not going to be heavily policing this, we are not going to be looking into records, we not going to be asking for records . That the only time it would become an issue is if there is a problem or a CXIIICCr1I at that paniaalar address. Ms. Clapp stated she has really stnagglcd with this one. but she really does believe thal we need to give code enforcement the tools thal they need to carry out enfon:ement or some or our code violations. She stated it has been a c:oncem or hers for a long time through lier constituenU. She said she can tell Council that. almost weekly. she FIS 10111C kind or a code cnfon:ement concern . Whether it be something she needs to pass on or some type or illformation piece. She llaled the enforcement pan really bothers her and she did get with our City Auorney and she uaderslands that through the Code Enforcement Advisoiy Committee they will be looking II ways to clccriminalu.e that. 111CM: that forward. She llaled we can look at other ways to enforce this in the fulure if necessary . So. she said. II this time she would really have to go with it. Council Member Bradshaw llaled that she really apprecilla the dron or the Clean, GReD and Proud C«-micsion. SIie said she has a problem with this. thal she really thinks the laws that we already have on the boob can work. if they are enforced properly. She advised that. baled on the citizen input she received. she will be voting apiml this. Council Member Garffll advised that be came in leUling toward voting for it. but he would probably be voting apiml it. He llaled it is a split ismc. I difficult i-. and it is ript OD either side and bow he could come dawn. But. be DOied. after he beard some or the oom:am &om the public bearing ... they dealt with trash in the alleys. they dealt with trash cam in the wrona places aad people puaiDa trash in dumpllcrs ... that be doelll 't tlliM tllil will lllM thole pniblam. 8-. be DIiied. we are noc going to be knodtial OD cloon. If .-ebody ii FUii to avoid this ismc and~ to put trash in a~ dumpller. we will never kNw. If their trash cam are too fu out in the alley, this-'t do it either. He ltalCld there ii really only -iwace wbere the pel'IIID tc:mfied that there -an acxunw•la1ioa or trash. and be tbaupt thcre -Olbcr code Cllforcrmeal's that we could do. He said be -uyina to think or ahenillMI we can do and-or diem is duou&h code enfon:amN.. OD that c:ommiaec they will uy to tlliM or Olbcr things. The Olbcr thiq is wbclhcr we can have an enforcaneal _.,..niw after you haw •. ' .. • • f }- • EqiewNIII City C•acil Fdlnlary 2. 1991 ,.22 • 0 • bad a ........ Wllelhcr • tbat poiDI thc City aJUld make -kind of requirement that you have malldllar)' trail pa up for a period oCtimc. after you have bad ai violation. That. he noced. is another al~ 111111 lie did !MIi "-wbclbcr -aJUld do that. He said it is one he would put to thc City Ananiey. Mr . Gama llaled be Jllll lbiaks Ibis one is slighdy beyond for what he has heard from people tbat -IIIDd.. 11111 -miglll loc* • odler allermlivcs. Council Mallller Waaoacr opiDed tbat tbaac imlCS arc cxactJy thc same issues Council heard in 1995. when thcy told die Clean. Gna ud Proud Olmmission to Sbldy tbe problem and come back with a solution. Tbc c-iPicJD worllal oa it. bad a lol oC meclings and. be pointed out. this was a group of cili7.cns, IIJIII a IIOIIP oC CouDcil people. but a sroup oC citi1Jcnl. that actually bad the hearings and went through all tbe procas and this -tbc bat that thcy aJUld <XIIIIC back with. So, he SlalCld. he would guess he -.Id haft to rapoct their ability to rally take a look al what is needed in the City to clean it up and to take inlo COlllideralioa the same questions that Council got al thc public hearing. Mr. Waggoner advised tbal be definitely will vote yes for it. Council Member Nabholz stated that the Clean. Green and Proud Commission. as Mr. Waggoner said. has studied this since 1995 and careful. careful consideration and input was given and there was a lot of hard wort on tbc part of the Commission. She noced this was one of the issues former City Council Member Al Vormittag spearheaded. Ms . Nabholz advised there was a lot of struggling going on as to what thcy did and dido 't want and one of the things that she understood. and heard loud and clear in the public hearing. was that people didn't understand that thcy weren't making people take their trash cans to the front of the house. that they weren't mandating one licensed trash hauler. It was basically to have people have trash removed. So. she said. she applauds the Commission and their hard work on this. She reiterated they were given direction from Council in 1995, as Council Member Waggoner said. Mayor Bums stated that he tends to agree. that they put a lot of work into this. He acknowledged that there may be Olher things that need to be enforced too and Council Member Garrett made a good point there. But if the Code Enforcement Advisory Committee can come back with some additional things that may need enfon:emcnt. he said. he doesn't think that means you don't pus this one. Mayor Burns opined that this is an imponant first SICp and because of the way this is going to be enforced he felt comfonable with it and wou1cl be voling for it. Council Member Habenicht swed she still did not know quite how she was going to vote, as it is such a difficult one for her. She opiDed that there arc liming imlCS inwlwd. that she does support the Clean, Green and Proud Commission. She maintained that this has been one of the most difficult issues they have ever faced . Ms. Habenicbl noced that from the very beginning sh: has supported having a city-wide trash hauling program. whether it be contracted out. whether it be done with the City, and that this become ... not a burden to citizens, not an onus upon citil.Cll5 ... but a way to provide a service to the citizens in an equitable way . Ms. Habenicht llaled that she bas been told time and time again. by membcn of the Clean. Green ud Proud OlmmilPOII, that this is thc linl 11cp toward gcaing a community trash hauling program in place. She said she is IIJIII sure that everybody Wldentands that ... that this is thc linl llcp ~ gcaing a a>mmunity tnlb baaliDg program in place. The logic here, she said, is that if you make it IIIICOIIICortab for people • t1lll thcy haft to haft it and pay for it anyway, that when we <XIIIIC in with a program that allows than IO buy inlo it al a cbcaper ra1c to have it all over tbe City. that it will be lcSI oaenJU1 to them . She said she -.Id guess that she has fdt from the very beginning that if that is whal -arc n:ally goiq to do t1lll -lllou1d bite the bullct and do it all • once and be clear on what we are doing. Ms. Habenicbt com r tell tbal she feels that by doing it in this pi«:emral approach is a lot like pullina oft' a bandqe ... a little bit II a time and burling ud burling and hurting. Sbr DOfed she wished she didn 't have to vote oa this ba:alK she wants to support the Clean. Green and Proud Commission. but she truly believes that if -do this we should do it all al oner and we should have a comprcbrnlive program to place bcf'OR thc public t1lll Ibey can buy into, as a community. -• ,- •. •· • C f - Eapewood City c-11 Febnuary 2. 1991 Pqe23 ' • • I • • and not just prepare them for the next Slq> wilbout rally lcaing them know that is what the next Slq) would be . She said their guess is as good as hers. that she does not know how she is going to vote when it comes time. Council Member Clapp stated she would like to share that she has no knowledge of any proposals al this time to go to one carrier. And. she aid. if thal should come forward, al this time, she would have some serious coocems lbout tbal. thal she does not support moaapolies Ms. Clapp DOied that she sees this more u a health iaue for our City and she does know that -aras of our City arc getting a little out of band with COlllpOll piles aad dliap like that aad per1lllpl they would lllili2.e a trub pick up if they bad it She reitenled she just wUlrd to lllle. for tbe reconl. that she bas no knowledge of going to one trub carrier. Council Member Nabbolz med Council Melllber Habenicht to comet her is she was wrong, but that what she is hearing is that after dullC ,ears of cllarging Clean, G-and Proud Commission with the tult of coming up with something like this. that sbe -bean her saying that basically we as Council need to design a program . Ms . Nabbolz opiJml thal after three years of hard work and many, many volunteer bows, that what she is bearing tbe -.,rjty say is DO, or it is not enough . So. she said. she thinks this is where they, as Council, need to bile tbe ballet Council Member Habenicht aid she would guess that she needs to say that all the work that has gone back and forth ... and Council bas 111111 it back and forth to the Clean, Green and Proud Commission ... and they have come up with this u the w:ry best blusb that can come onto it ... seeing that we will address, through code cnfon:emcnl .... and she will 111111 that that will happen, that -will be responsible in the enforcement of this, that we arcn 't just giving a lic:eme to trash haulers to force people to subscribe to their services ... she DOied she bas uusted bef'on: and been cbagrined ... but she would make this a vote of trust and vote for it. Council Member Bradshaw said thal when she was elecuid to Council. and this bu come up before , thal sometimes she can not vote her opinion. that sbe DMlll vote the opinion of the people she represents. She stated thal is what this vote of DO ..-U, Ms. Bradshaw statcd thal she rally appRCiales what the Clean, Green and Proud Commiaion bu done. But. sbe DOied. she aim thinks that it is so confusing out there, people arc just terrified about what this is going to do. And from the input she ra:emd she would have to vote DO . Vote re.ita N .,,.....a el: ORDINANCE NO. IS SERIES OF 1997/1991 (COUNCD.. Bll.L NO . 99) AN ORDINANCE AMENDING 1TI1.E 1,. CHAP1U. 2, EllmTI..ED TRASH, JUNK AND SALVAGE, OF 11iE ENGLEWOOD MUNICIPAL CODE 1915 . Ayes : Council Mcmbcn Nabbolz, Habenicht. Wagoner, Clapp, Bums Nays : Council Mcmbcn Gama. Bradlbaw ••••• Direclor Simpal .-.. that bis pr MiN -ad be sllOlt IDllipl • Coucil i.. bad thele dnc ~ ... eemeall, A,-la IW 11 (II) (ii), (iii) and (iv), bdoft diem plfflClaly. He DOied that Cheryl St. Clair -plelelll taaipl IO addrea 111)' quellioas or CDBCa111 Coucil my IIIM. Mr. ,. - • '-. .. • • 0 , - • Eapewood City CCN1ncil Febnaary 2, 1998 •• 24 • 0 I• • Simpson advised that staff' has met OD these iaa and they fed comfor1ablc with them at this time, based OD the input they have reociwd. and they would still recommend appruval. Council Member Habenicbl advised that she still bas 90 many questions and she would like to requesl that Council po11p011C Agenda Items 11 (b) (ii), (iii), (iv) and (c) (ii). City Manager Sears advilCd that the Housing Authority is scbeduled to meet with Council OD February , .,. . He sugesled Council consider this at that meding. Council Member Habenicht noted that she -sugesting Council jull pollpOIIC and then it could jull come fonvud when it is approprille. She Slid she -not Pig:sring a dale cenain. City Attnrncy Brotzman advised that if she -pollpOlling it. she should really Id it for a dale cawn, but if she was going to table it. she c:ouldjull table it COUNCR. MKMBU IIAIIENICBT MOVED, AND IT WAS SECONDED, TO POSTPONE AGENDA ITEMS 11 (II) (ii), (W), (IY) ud (c) (ii') TO MARCH 2. 1'91. (b) (ii) Council Bill No . 4. an Intergovernmental Agreement with the Englewood Housing Authority. (iii) Council Bill No. 5, an lntcrgoYemmental Agreement with the Englewood Housing Authority regarding <Ammunity ~ Block Grant funding. (iv) Council Bill No. 6. an lntergoYenlmalla Agreement with the Englewood Housing Audlnrity reprding ProjClc:t Build. (c) (ii) A n:llllutioa IIUlferring ftulds ~ the ProjClc:t Build Fund to the General Fund and CDBG Fund. Council Member Bnlilllllaw .... * -really dillppoineed lhll Council -tluvwing this back ud delaying things for the Hnllling Audlnrity ud Ille baped they would accewit her apolopes. She advised that she is ~ ready IO"* oa diem loaipt Ms. Bnlilllllaw noted she -on the Housing Audlnrity ud maybe lhll iaside illfonllliOII pa la cliflaall inligbt But. she staled. she dDa apologize to stafl'beclls Ille~ dlis bll been a llnlgle. Dircctillg bis requat to Dil'OCIDr 5uapma. Cauc:il Member Gama noted that in the ProjClc:t Build ud CDBG agreemmu. the coauacu arc botll lamilllblc, ad be aed tbal be sepuatc the allocalioa • tbe back m them . He maimaiaecl it would be wier to look • diem individually, their COil fac:lon. • far• tbe allocalioa. TIiey arc CDlllbiaed. be said. but you CICIUld lerainalc either one ud then you arc 11111 m stuck with the alloc:alioas. Mayor Bumi CIOIIIIIICDted lhll this -bnJuaht up a tbe Study Scaioa earlier ud be talbd about it. but be can't talk about it-. bec:aa be is oa tbe Hnllling Alllllority • tbe PftilClll time,• well• City Council . So, be Slid. be can't dilcua it or"*• it. except IO lllllaia. Veterealll•---•......-: Ayes : Coullcil Memben Nablaz, Gama, Habeaic:lll, W...-,, Clapp Nays : Coullcil Member Bllllllllaw Allllaia: Mayor Bunll ,,, - • . • • 0 , - En&lewood City Council February 2. 1998 Pqe25 • 0 • I• Mayor Burns adviled that this matter is continued to March 2•, but will be discussed at the meeting with the Housing Authority on Tuesday, February J,'h. He c:ommcnted that Monday, February 16.., is a holiday, so Council's rquJar meeting will be OD Febnwy ,,.. (c) Resolutions and Mocions (i) Recration Services Manager Guy Hullbcrg presented a recommendalioo from the Cultural Ar1I OJmmillioo to adopt a raolulioo mcom-'ing annual funding for an Ans in Public Places l"nlpml. He DOiied Council bad D appodDllity to dilcua this pn,poal at Sludy Session OD JanUIJY 1.,., T1ae mcommended funding soun:e -*I be 1% ol the Genenl Fund Capital Projec:U. He adviled tbll 6mding -*I be appnMd by Council Klion tbnJagb the annual budget process and the first year olfimdillg -*I be 1999. The rcsollllion -assigned a number and read by title : RESOLUTION NO . 42. SERIES OF 1998 A RESOLlJTION RECOMMENDING ANNUAL FUNDING FOR AN ARTS IN PUBLIC PLACES PROGRAM FOR 11IE CITY OF ENGLEWOOD . COUNCD. MEDER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rrDI 11 (c) (I)· RESOLUTION NO. 42. SERIES or 1"8. Council Mauller Bradshaw said she wanted to c:ongralUlale Council Member Habenicht on bringing this to fruilioll . Ayes : Council Members Nlbbolz. Gama. Bradshaw. Habenicht. Waggoner, Clapp. Burns Nays : Nooe Molioo carried. (ii) This A,enda Item -addraal _., 11 (b). See Pqe 24 . 12 . c.-'111.,...... (a) Mayor's Choice I . Mayor Bums lhanbd Council Mauller Bndlbaw ud Council Member Wqaaaer for their help in negncilCing with South Subwllu Pub and ReaelCioe Dillric:t in trying to racb a iemlulioo oC the difflcultia with the Comcnlw project. He adviled we naMld a leacr from lbem.. after their board meeuna aa. Wedlladay . Mayor Bw1II opined we are on a PftllY FfJd c:ounc to reach a resnlulioo oC lbat problem. Hr aid be thinks lhat is terrific . 2 . Mayor Bums appreciafed Council's COlllidcnlioa oa Ille isluc oltbc Metto Mayor's Caucus. He Slaled be will try to carry OIi according to their wishes repnliaa lbe polClllial cbairmanlbip of lhat body for the IICXI year . (b) Coullcil Member's Cbnice (i) Council Member Nabbnlz: ' • •· • 0 , . -, li r, . . I - • • Ea&lewood City C•llcil Februry 2.1998 Pqe26 • 0 - I . She Slaled she bas some code enforcement issues tbat she can put in writing to City Manager Sears. One. she DOied, is ll 310 I Saudi Elali. 2. Rcprding lhe Gothic Theater. she advised she bas bad four calls on that in this week alone. The boards baw: been lmocbd out and lhe doors baw: been smallled in. She maintained it is really looking bid. Ms. Nabbolz said she doesn't know what we need to do with Mr. Allen, but that we need to swt impoling somc«bing upon this owner. 3. She advised tbe1e is a bollK at Cornell and Bannock tbat rally needs to be cleaned up. She said she cannot find lhe add.-OD tbis, wbetber it is a Bannock add.-or a Cornell add.-. Council Member Bradlbaw asked ifit bas been cleaned up, tbat she tbougllt Ibey bad swted. Council Member Nabbo1z QCVDlll"IMfd that she WUjusl by it today, SO she waDled to know if that WU considered clean. She was advised tbat tbey W&ft cited and Ibey haw: llalllld to deaD it up . 4. She Slated that in today's DaMr Poll !here was u aniclc writtal by Anp Cortez, ~steely reaction to plu" and in it Ibey also showed a map. Council Member Nabbolz advised that she bas bad numerous, numerous callsCM:r tbis. She said she doesn 't know ifit would be appropriale or not to send a letter under lhe Mayor's si~. with lhe resl of Council signing it, as to, number one. where she got the map ... but also. she opined. !here are a lot of inaccuracies in this aniclc. Ms. Nabholz maintained this only fuels lhe clcbatc in north Englewood. S. She said she doesn't know wbat was involved to get a traffic oount OD Danmouth, both directions. between Suta Fe and Broadway. City Manager Scars advised Ibey will follow up on that. 6 . She advised she put her report to Council in tbcir boxes today. on her trip to Pbiladclpllia and sbc idcmificd lhe lellliun and ---she atlmded. 7. She a.s she would like to bring forward once apin, ll a IIUdy eaioa. lhe landlon1 regisualioa. She IIOICd it -to haw: been moved back. 8. She DOied sllc badecl out to Council, befon: clinncr toaipt. her request tor funds to the N11ioaa1 League of Cities Coafcnmce in Wasbingtoa. D .C. Mardis* tbnlugb die 10-. Ms. Nabbolz adYilcd dial her tollll cxpaas wllile lllelldillg lhe coaference would be Sl.259. SIie aid sllc would appn,cille Council's~ oftbis. COUNCll. MEDU BAaENICIIT MOVED, AND ff WAS DCONDD, TO APPROVE COUNCll. MEDU NdBOLZ ATnNDING TBE NATIONAL LL\GUS OJ crrDS CONRUNCE IN WASIIINGTON, D.C. IN IIIAIICII AND APPIIOVING l'IJNDING UP TO S2,J81. Mayor Bums QCVDIDCl!led dull 11c lltCDdDd die N11a11 1..cape of Cities Comam lllil ran with Ms. Nabbolz, and she was u ....,bmiMic: panic:ipalll iD lllll. He aid sllc is \'CIY iDlcraled iD NLC events and \'Cl)' excited about goilla to lllil Wideiea.:c. Ma,ol" Bara .... lie .....,. her iD that ....... Ayes : Nays : Motion carried. Council Members Nabllolz. Gutm. Bradlbaw. Habellicllt, Wagoner, Clapp, Bums Nolle • • 0 l 1.allewood City Coucil February :Z. 19911 Pace27 . ' • 0 t• • (ii) Council Member Bradshaw said that she just wants to keep the Union Avenue issue on the ftolll burner. She swal she would like to maybe have Slaff look at a cbaJ11e in moing for that park _. there. She -led that she cloc:s aot know wbal it would be. but that she would really like to have Slaff km at maybe an open space mning classifiooioa for our oommunity . Because. she said, she cloc:s aot feel real comfortable having a park. mned iadustrial . Even tbougb there is a gm,eJ opendioa and a lot of SlUff there. But. she reilCnlal. she would like to keep that on the fordroot because she thinb thole citizens have endured enough and she thinks it is lime for this Council to take action. She ~led that. wbelber it is c:hangiag the truck route, pulliag up sips ... only certain si7.c: trucks, she just lhinb the citizens in that put of our community have conducled lbemseM:s very maturely, very ratioaaUy, and every lime they have praented a case in fiont rl Council, that poup bas been just amazingly calm. She pointed out lhll it 9CICIIIS like Council IIIO\'a mter when people rant and lllYC and she would like to see Council start rewarding people for approprialc behavior in front rl Council. also. (iii) Council Member Clapp : I . She advised she would like to km into a situation on Broadway. at the Cricket Thicket. She said she has receMd a a,mplaint from the business owner there that King Soopers is parting and storing their trucks behind her ston:froot They have additional parting in the rear, which obsuucts the view of the sign and it also c:uts down on her customer parting. Ms . Clapp said she would jUSI like to let Council know that we almost lost this puticular business at one point in lime and the owner decided she would move into the downtown Englewood area specifically for better parting. So. she conunented. anything that we could do to help her out would be really appreciated. 2. She SIIUd that 1be. and Council Member Nabholz. met with the School Board and Roa:c,e DavidlOn and it lams as dloagla wc are fawring 111/0 clifferent l'OUleS on the fund raising sales tax. Ms. Clapp DOied that there -IO be a lot of mimndt:ntaading about that. She said she bas beard numeruus lllillp. 11111 wllal dlcy are ially looking at is pcmibly a gift in kind or pcmibly a 111e tax. Malting the vador pay the tax. ID that the flllall and lelCbers that are out there worting tbele fund raisers do aot have to deal widl dais tax. She commaad that is seems to her that this bas come up almost aanua1ly during her tam. She ICk-acdpd it ially is difflc:ult because you have a lllmlMr widlin the schools. with the parea11 and lelebers. So that. she advised. is what they are kind of looking at. 3. She adviled that Gene Tuntbull wuted them to bring forward. to let Council know . that be is ially polilM about dais c-il. Thal it is the finl lime, in I pal 111111)' years, that be bas felt very confident that we have I Council that ii really listeaing to the schools and the people IDII trying to work together to better our oommunity. So. she said, she just 'MUiied to let Council know ad b1Wlld tbole feelings . She stated be allO ...... Council have clinaer with die Scbool Board DK111bcn to funhcr our communicalions. so that wllea dliap like dais come up wc aR not billiDg any .....-aap. She poiDled out that we have-very upm llllllben IDII that type of thing out there. that they doa 't Wldermnd what we are trying to do here. Thal wc 1R just tryina to help, DIil bun. Ms. Clipp advised 11111 be lllgaled we do that and. she IIOlal. they IR williag to pul oa the Ii,. dinaer and if we would be williag to put on a dinner. maybe the last six IIIOlllhs fl the year. She tbougbt tbal would be I good idea. (iv) Council Member Waggoner: I. He opined, rqanling -of tbele lri .. out towa. or to die Nalioaal Leape of Cities. or w~. that rMber dlan a repolt of the lltClldance II meetinp, or that IOl1 of tbiag. tbal be would mucb radler w --,.ing come t.:k tbll says I found dais out IDll lllis ii wllal I think WDllld beaftt Englewood. He said wllll be meam is they need more ~ a nml1s orieDted, rllber 111111 aa ccndlnce type repolt. Council Member Bradlbaw said action orieDted, action plM. Mr. w.....-.... tbal is the problem he bas with coaference ccndlnc:ie, is tbll lllOll of the IUM )'OU go 10 I codeiea.c: IDII )'OU lillen •· • 0 ' l- • Englewood City CINlncil Febnaary 2, 1998 Pace28 • 0 • ,. - to meetings, but hardly ever do -bring back somcthing that really benefits Englewood. for the pria: that -pay . He Slaled be thinks it is about time we swt bringing back something that -can utiliz.e to further the position of Englewood. Council Member Nabholz adviled that slle bnJught back a whole suitcase of stuff, that slle put on the Mayor's desk, that is available stufffOI"-, different depanment. She Slaled that she heard positive things about our Finana: Department from ICMA, they knew Frank Gryglewicz personally. She advised she bad a company approach her that Slid they would be glad to recycle the concrete at Cinderella City and they could give her a dollar amount right then and !here. $23,000. There was a code enfon:ement program that would inten:onnect, like our Building Department and Neighborhood and Business DevelopmenL Ms. Nabholz swed she appn,cialcs Council Member Waggoner giving diRction. Council Member Waggoner Slated be would ialber see something like that in her report. rather than meetings that she attended. Ms. Nabholz Slid she would be glad to do that and encouraged him to just tell her how be wanted her to write it. Mr. Wagoner suggested she tell him what she saw or what she brings back that would be of benefit to Englewood. llecausc: be pointed out. the citizens are spending a lot of money to send us to conferences. coaw:atioas and -ought to be bringing back something that helps assure them that this is really worthwhile. Mayor Bums said he thinks that is uue and some of his cxperiena: is. that some of the things you get out of it. is just personal. Things that allow you to get more out of meetings. and 10 anange meetings better and that .wt of thing. He noted he lricd to do a little bit of that in his last repon . He commented that be bas a box full of stuff too and he took ii up to Sue Bradshaw one day and she asked what he wanted her to do willl iL Mayor Bums Slid he lbougbl abcllll it and lbougbl maybe they could copy the facing page of eacb plllJlic:Mioa they bnJugbl back. ID people can look at that and w if they want to see that particular item. ea-, be poi.-d out. lberc AR ID ~ cliw:ne lhillp you can pick up at lbele coafaeaces . Or. be DOlld. you Cllll dilllibule dlOIC IO depillW beads. He Slid you can bring back ID muc1I stuff, but whit do you do widl it. ud bow is ii lebiewllle ID ii is UICful by ~. If you can figiR out a way to 111111c it awilabk • fllr • whit you bnJtlpl. lllea people cu pick ud c-. wbaa they would like to see and it-·,., to waae, likc ii mipt Cllllenris. Couna1 Member Habenicbt Slid she thiab Council Member Wagoner is right. that it happens a lot. that a loc of p,d ideas and new ways of doilll thillp come oua of allellding conferena:s and Council members do talk willl Slaff members ud lhillp ICI pill&. but -don 'I really c:all allelltioo to ii Dnetimcs. So, she suggelled. maybe the Slaff could help III IDD. when ,ometbing bas been spearheaded lbrough the aacndaDcc al .,.,....bing, then say by the way Ibis idea originlllad when Mayor Bums came back from a conferena: ud sugestcd -look illlo diis Md Ibis bas pvwn out ofdlis. She maiatained dial would be help(ul too. Ms. Habenicbt opined that IDOCber thing is that we as Englewood haw: the ability to impact how odlcr COIIIIIIUIUties look at their ima ad their IXIIICla'III bMed on what we do. She aid sbe thinks -do -really remarkable lhillp ill EllpWOlld ud we lallc -strong ladenbip positicm. And. she collllllCIIICd, she thinks we AR DOI jull lberc ID Ft. but that we AR also lberc to give ud to lead and to help get the i-,e acroa ofwbaa we was imponaat in a home community, like ours. ID dial dlOIC kinds of legillatiw: things. in a lobbying « policy making group lillc CML. can cany forward tiJr our citizens. And. sbc said, we can really am our voice known tbroupout lbe swc or the nation, depending on where it is. She opined that is an irnporlUI role loo. Council Member w....,... ..... be dam -arpe wilb that al all. but if be WUlted to -..... meetinp you did attclld OI" could ldad. all Ill~ have IO do ia read the brocbuR or ilillenry. Coullcil Member Hlbeaic:bt ...-11111 w buly wart. Coacil Member w...-, men u ~ dial if IIIIDllbody wae to lell Ilia dial be weal IO a blJ Md 11111 a cm.-al driab widl a py l'rom Padllllk ud IIIR ia WU1 I l'owld out. He DOied dial .,..1_ ya. .. -illfDnMIIOM • vi .,..,.;ng lib lbll 1111111 you do a • •, , •· • . . . trr, - • Eapewood City C-.il Pebnary 2. 19911 Pqe29 • 0 • f • • lot of times aa the meetings. Mr. Waggoner commented that very possibly you learn more from the social CODlaCU than you do from tbe meetings. Council Member Nabbolz DIiied she bpi to menlioa, that Tbunday meeting from 7 :00 to 9 :00 p.m. she has invited the Eaglewood ia1h aeipbon to dilalll the North Eaglewood's 1111111 ma plan. She invited all of Couacil IDO. She told City AllllnlCy Brauman she -DDl sure if that bad to be polled. At this point in lime. she adviNcl. she is jail looking. it. being tbeir ,ep,tWIIIMiw: and Council Member Bndsbaw will join lier • Council Member At-Larse, in womng duuap tbae ima. But. she swed, one af the tbinp she leuned. that came up in one of the IDedinp. -to Fl your constituency to become I pan of tbe solution, in difl'ereDt coknd file folders ... and panted. Ille DIiied. Ille may not ~ bad to haw gone to Pbiladelpbia ... but she bad different coknd file folders Ibey are pg to wort oa, whether it be trees, lights ... just concentnling OD General Iron Wons. Council Member Waggoner said that is the type of thing be is talking aboat ... don't tdl Council that you aamdcd the meeting and said this ... tdl us what actually happened. what you brought back. Ms. Nabbolz Slated she will do that. 2 . Council Member Waggoner advised that Ibey bad a leaer from Englewood High Scbool asking for a lXIDlribution to send kids to the Clo&e-Up Program . He noted that u he remembered the al5I of that project is SI 199 per student and Ibey wanted to send seven students to the program . He amunenled that Council bas about SI SOO left in their Aid to Other Agencies buqet. He staled he would like to assist those students and the program. COUNCR. MEMSER WAGGONEll MOVED, AND rr WAS SECONDED, TO AUTBOIUD SJSI TO TBE PROGRAM, 51'1.rr BE'IWEEN TBE SEVEN STIJDENTS. Aya: Coaacil Memllers Nabllalz. Gamtl. Bnldlbaw, Habenicbt. w...-. Clapp, Burm Nays: None (v) Council Member Habalicbt: I . She noted dial about six months ago, Council in I study scssioa, bad indicalcd a willingness to gM ssoo to help support the reYOlving --.... by the UilaltgalCy tam. to help people out with eme.FDCY rau and tbinp like that. Couacil Melllber Bnldlbaw aked if it -tbraugb Englewood ICbools. Ms. Habeaidil .... yes. jUlt Eapwood Sc:bools. COUNcn. MEMSU IIAHNICIIT MOVU. AND rr WAS SECONDED, 111AT OUT or TIO AID TO OTIUll AGENCY nJNDS 111AT WE AUOCATE ,-ro nm DIGUWOOD EDUCATION ft)lJNDATION EAllMARDD AS PAIIT or nm REVOLVING PONDS roa nm INTERAGENCY TEAM. Aya: Nays : Motion carried. 2. She aid she ~ allO like to echo Council Member Bnldlbaw 's Cllliq c-il bwanl to 111CM quic:kJy and deciliwly OD belpillg out tbolc citizem • Ullioe A-. SIie • r CI~ that she tllinb Ibey cu:uad and cam • with IIIIIIC rally IIIOd idllll of ways SO -...... SIie opiMd tllll all IOlllld .. and Ibey ... to jull do it SIie said lbe lallly lila the .. of llmlll • .. ..-:e 1J1111U11 ilr our pans and our IIIIUl'C ma. •· • 0 ' ....,J I --- [If ill ['f Ji l'i Jflli lf~ri~ 'fff~ lflf P l't 1!r h ~l! :Ir ii rif f i; f t1,1I iiJ:~ ~ I he 9 11:J l l"n ... ,i t•J Iii Ii~ ~r 1•1 Jfl!r lf,!Ji [rsf9 liiii I In , l 'f !Jf . t 'l • .; · t ft lir"li dllf r, f · J Ir ! .r HI !i [!t ij! ii hlf h :1hr iJ!h 1 r I . • rli (&I !ti II ~~I Iii.,,·! f~ !s1-.l 11'! 1!1 . -~i I . I ;ll ?l!if ii J 1 lj~K ~ f'j i rrr rl, 1$ lai J.,.1 1f'l1 ft1il 11fl ' '; ~ . r~ )f t( ,UI hl"f 1!!1 ~ ff J r/i ir: ·~i ,i 11 ·•1 ~'Jf! iiftr 1•li 1 'li• rlr 'ti If ti Jtf ti •i i •~ •f!if 1,; l!J }la Ji 5 1 lJ ,~,1, 1J;~1 1~1f1 l(tl flt t!f l fr : if · ~~1h jf !f. i U t11 1,1 i~ I tr i,lt fJ il ;11il ,tir '-• ,(J 11• 1[ • F o.ri a ff ff J~ lf'i . 'l ::, • 'J ... J l Ir a. if 8 l ! i I l . I ! G'' · 1 f I j ' 8 ) · ( 8 ~ • () • ~ -------~----------------------------~----_,.,,,,........_ ----------------• - - • • Eapewood City C-.il F'ebnaary 2., 1991 Pqell 0 • , . - agreement Council can c:onsidcr that night from Skip Miller and also from Tim Lmnard and Marilee Utter. He asked if City Attorney Broezman would like to CXlllllllelU on !bat. City Attorney Bl'CIIZllllll ldvmd tbcy will be in raagll propcml f-and with Council. s CXllllelll tbcy will take diem forward to pt them fiaalized. Obviously, be poillted OUl. tbe dneloper' s is ll)ing to be a IOI rougher thin tbe architect's. City Manager Sears Sllll.lld be thought that will -badt ia Council's regular meeliag on tbe I,. for approval. So, Mayor Bums said. tbcy will DO( just ba\'C tbe aintracts. bul they will also have an uadenlaading of what tbe rdMioaships are bet-. tbele folks . City Manager Sears Slaled that is right. And again. be said. pan af thal may be in Exec:ulM Seaion. . .... Council Member Habeaic:111 said she jusl WMIOd to a,mpliment staff on the new logo on the Englewood Ciliza. SIie opi-1 it is very IIIJaclM and it lallly loc*s super. She said she knows a IOI of hard wort 1DCS imo tbe publicalion and a IOI ol citilJens read it. She noted that a IOI of citi7.cns told Council during tbe baud and commission ialervins 1h11 that is where they gel RIOSI of their information about the City . Ms. Habcllicbl Slaled she apprccillCS Iba! wort . . . . . . Council Member Habeaic:111 med wbca she mns DRCOG . Mayor Bums advised that what DRCOO aormally waaas is a lc:aa from tbe City idallifyillg iftbcy ba\'C a new rqxesenWivc. He noted tbcy cancded tbe meebllg for)-, ba:allc tbcy dia 't ba\'C enough OD the a,cnda. Ms . Habeaicbl said she --*ring why she clidn 'I pt uydlillg. Ma,ar Bums CXlllllllelUed ii will be Ibis monlh. City Manager Sears ldvi9ed 1h11 be tbougbt tbcy bad already been IIOlilied. bul that be would double check . Mayor Bums Slaled she will pt a l**el, delM181 to her door, wilh all tbe agenda ilems . ••••• Council Member Bradshaw said she jusl wallled 10 remind Council 10 lake a look al the letter from Soulh Subwban, which is a propcml. She eacoun,ed Council to really lake a serious look a1 it. Ms. Bradshaw swcd that she thinks ii is probably tbe best deal we can get. Council Member Waggoner poialed out that there are some wording changes that need to be addreacd, bul lhal can be ia the iatergoYa1Ullallal apcmcnt. Ms. Bradshaw said yes. that is what she wants . BecaUlc Jim Taylor worted on that and that is bis rapome from tbe baud's cliffl:lion. so that is basically the baud's response. Hopefully, Council Member Bradshaw said. she would like to sec the whole lhiag wnppcd up and finali7.ed by March 1•. if possible. Mayor Bums oommcnled lllal be lhougbl they bad a very ll)Od meeling wilh diem and they really aired out iaa from the pall ud what tbcy can do ia die fulun:. He fell lbere was a SlnJllg ~ to mcM clown lhc road. to pt Ibis put built for tbele kid&, die IUling ua. and Uy to Sllid'y some of lhcir needs and the City's needs aad really embark on a._ relalionlbip. Council Member Bradshaw ldvi9ed lllal Ille comalll -lllal people area 'l ll)ing to put II lhe Soulh Subwtlu ball 6clcls lhen walk CM:r to Ille Eaglcwood swimming pool ud make that cliaj!W'tion a Ibey • •· • 0 ' 2 I ]- • • • are ..-mg aroud. SIie meiPCIJiw it ii a repmal pall wl dlat.-Mal ID wk topdler. She opined --cu. Ma,ar Bani ...... 14. Cly~·· ..... (a) City AlllneJ BrolZma allred ifdlae ii a dlircl mmller afCouacil ping ID tbe mxth Englewood meeaag. dllt Ibey jail let _.kmw • dleJ ca pllll it. Couaci1 Member Clapp llaled sbe migllt ID jail ID lilleD. Oby, Mr. Blaa-aid, 1111a 11C will pllll it. Couacil Member Habenicbt IIOlrd sbe caa 't ID, bat dllt a waald lilre ID. ••••• Coucil ..... Hlllllliml ........ -~ ...... Nlbllolz-plll III switch. SIie said a-:ii ....._ Cllfp ila't ... ID dD CML _,*ii laial ID be tbe alCa1*e and Ms. Nabllolz will be tbe CML a+ ite. ML Hlllllliml .._ if ... ii ripl. Coua:il Member Nabllolz aid a ...... ML HllleaicM-dle .... wt •-die......_ Coucil Member Bndlllaw ...... ML Nlllllalz lllid * ii die......_ ~ ....._ llllleaiclll llllllld sbe jail w..-1 ID clarify dial. 1S. Mjwar COUNCB. MDBU WAGGON&a MOYD TO ADIOUU. TIie mmiJlg ad;clarillld • 9:50 p.a. ~t?.(/,L -~--~ ----- . , • .. • • 0 f ......... I - ---- February S, 1998 Englewood City Council City of Englewood 3400 S. Elati St. Englewood CO 80110 • • • "'· Please accept my resignation froa the Englewood Public Library Board, effective immediately. I find that I am unable to complete my appointed term ending in the year 2000. Thank Iou for having allowed ae this opportunity to serve my coaaun ty. Sincerely, Aaeaarie De Saet Leonard CtCS S. Lipan Dr. , SDcJlewood (X) ,o, ,~_. n O /J C:::-• -~ cc: SDcJ l ewood Public Library Board RECEIVED FEBO 9 1998 CITY MANAGERS OFFICE ENGLEWOOD. COLORADO 11 -• . , • . • • 0 - - 3096 South Logan Street Enalewood, co 80110 Jamwy 26, 1998 The Honorable Thomas J. Bums Mayor, City of F.uglewood · ... Members of die Englewood City Council 3400 South Elati Street ' Enalewood, co 80110 .. Dear Mayor Bums and Members of Council : • • l't • Tbak you for die opponunity to ~ oa die Eapcwood Urban Rmewal Audlority . I regret lblt I must resip my ~ to 1be Audlorily. Oda OOIMNibnr:lfl preYelll me from ""'""int die meea,., and panic iplci• oa die AudNorily . Tbak you again. Sincerely , Ed Soulliere RECEIVED FEB 11 1999 CITY MANAGERS OFF ICE ENGLEWOOD . COLORADO ' ' , • . ~ . .. ... • • 0 - - • • • ' ,. -==II0.'13 A~ .fOllft'ING CAIIOL DLT TO 'ftlB UIIIWf lf&MffWAf. AUTHORITY POR THE CITY OF ENGLEWOOD, COLORADO. y WHERBAS, then ia a Yacancy in the Englewood Urban Renewal Authority; and WBBRBAS, Carol Belt baa applied to aerve u a member oft.be Englewood Urban Renewal Authority; and WBBllBAS, tbe Mayor with the approval or the Enpwood City Council desires to appoint Carol Belt t.o the Englewood Urban Renewal Authority; NOW, THEREPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ec;tigp 1. Carol Belt ia hereby appointed to the Enclewood Urban Renewal Authority. Carol Belt's term will be effective immediately and will npire February 5, 1999. AOOPl'ED AND APPROVED tbia 17th day or February, 1998. , Tbomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellis, City Ciak fiJr tbe City or l!:aplwoocl, Colando, benbJ ~ tbe above ia a true copy of ReaolutioD No._, Seriel of 1988. . , • . • • • 0 ~ Cl1Y OF ENGLEWOOD, COLORADO County of Arapahoe State of Colorado United States of America CERTIFICATE OF APPOINTMENT Greetlnge: TO: Ou-ol Belt .... -...... - I, Thomas J. Bums, Mayor, with and for the City of Englewood, do hereby certify that at a regular meeting of the City Council of the City of Englewood, held on the 17"' day of February, 1998, you are appointed to the Office of Member of the Urlmn RennMl Authority In and for the City of Englewood, as appears from the Official Record of Minutes In my office. IN WITNESS WHEREOF, I have hereunto set ~y hand and Official Seal, this 17"' day of February, 1~. Y1 ~~~ U.14. - , • • L..-1 ,• r I . ~ !: ~ I .. ' • - - aaoLU'ftOlf MO. ii SERIES OF 1998 • • • A -,i.ullOII AflQDl'l'DfO IIOBDI' LDfD8ft AS A LW80M TO 'l'IIB UDAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council desirell to appoint a liaison to the Englewood Urban Renewal Authority; and WHEREAS, Robert LiDd8ey meets the requirements set forth by City Council for appointment u liaiaoD to the Englewood Urban Renewal Authority; WHEREAS, the Mayor with the approval of the Englewood City Council desires to appoint Robert Lindaey u a liaillon to the Englewood Urban Renewal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ft:tim 1. Robert Lindaey is hereby appointed u a liaiaoD to the Urban Renewal Authority. Robert Lindaey's term will be effective immediately and will expire February 5,2003. , ADOPl'ED AND APPROVED this 17th day of February, 1998. Thomu J . Burm, Mayor ATTEST: Loucriahia A . Ellia, City Clerk l , Loucriabia A. Ellia, City Clerk for the City ofJ!:allewood, Colorado, hereby certify the above is a true copy of B.NolutMm No ._, Seriea of 1998. . , • . Id .. • • 0 '----• - ~ 0 • • ---- CllY OF ENGLEWOOD, COLORADO County of Arapahoe State of Colorado United States of America CERTIFICATE OF APPOINTMENI' Greetlnae: TO : Rohm I..uul#y ~ ---·-~ ---~ ~ I, Thomas J . Bums, Mayor, with and for the City of Englewood, do hereby certify that at a regular meeting of the City Council of the City of Englewood, held on the 17"' day of February, 1998, you are appointed to the Office of Member of the Urlltus Rmewtd Authority In and for the City of Englewood, as appears from the Official Record of Minutes In my o/flce. IN WITNESS WHEREOF , I haue hereunto set my hand and 0/flclal Seal, this 17"' day of February, ~-44' mas J. ~ Mayor , • • L,.J I , r I . • ~ .. I )- - • DIIOUJTION MO. f:{ SERIES OF 1998 ·, "· • • • A......,._ llat\PPOINTING &OBIN WBDDLB TO TBB UJUWil RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAs, Robin Weddle is a current member of the Englewood Urban Renewal Authority; and 'WHEREAS, Robin Weddle'• current term expires February 5, 1998; and WHEREAS, Robin Weddle has applied for reappointment to the Englewood Urban Renewal Authority; and WHEREAS, the Mayor with the approval of the Englewood City Council desires t.o reappoint Robin Weddle to the Englewood Urban Renewal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedigp 1. Robin Weddle is hereby reappointed t.o Englewood Urban Renewal Authority. Robin Weddle'• term will be effective immediately and will expire February 5, 2003. , ADOPTED AND APPROVED this 17th day of February, 1998. 11iomu J. Burns, Mayor ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of En,lewood, Colorado, hereby certify the above is a true copy of Reaolution No .~ Sen. of 1998. •• I ' . .. •. • , . , • 0 I ~ 0 - CllY OF ENGLEWOOD, COLORADO County of Arapahoe State of Colorado United States of America CERTIFICATE OF APPOINTMENT Grntl .... : ' TO : RJJbin We,ld/e I, Thomas J . Bums, Mayor , with and for the City of Englewood, do hereby certify that at a regular meeting of the City Council of the City of Englewood, held on the 17"' day of February, 1998, you are appointed to the Office of Member of the Urban Rmewa/. Authority In and for the City of Englewood, as appears from the 0//lclal Record of Minutes In my office . IN WITNESS WHEREOF, I haue hereunto set my hand and Official Seal, this 17"' day of February , ~ Mt\._/ ~Ma:,, • • • I r I . • -; " 1/ ,, _ • • • COUNCIL COMMUNICATION Date Agenda Item Subject South Suburban Park & Recreation District Planned February 17, 1998 9a Development Amendment Initiated By I Staff Source South Suburban Park and Recreation District Harold Stitt , Planning Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Previous Council Action: The City Council held a public hearing on the proposed Planned Development Amendment on October 6 , 1997. This public hearing was continued until January 19, 1998 and again to February 17, 1998. The original South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution Number 95, Series of 1993. Previous Planning Commission Action: The Planning Commission held a Public Hearing on the proposed Planned Development amendment on August 5, 1997. The Planning Commission voted to recommend approval of the Planned Development Amendment with the following condition and recommendations: condition 1 : The skate park shall be surrounded by a minimum six-foot high fence , with locking V gates. recommendation 1: Improve and provide additional pedestrian access from the southeast fJlL'Pi!. Y- comer of the Park to the internal path system , with defined crosswalks and sidewalks. ~ recommendation 2: Impact of vehicle headlights on surrounding residential uses shall be mitigated by use of grading , benns, or other means to prevent intrusion of the headlights on the residential uses. recommendation 3 : An in-depth consideration of lighting specifications for the parking lots and skating areas be undertaken , addressing issues such as height of standards, deflection of light rays downward, foot-candle rating of bulbs. A lighting plan encompassing this intonnation, as a m in imum , shall be prepared and presented to City Council for their consideration at the time the amended PD is referred to Council. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED The South Suburban Park and Recreation D istrict Planned Development was approved by City Council through Resolution Number 95 , Series of 1993. The total park site contains 66.5 acres and has been under continuous development since 1993. The District is now seeking to amend the Development Plan to include 2 in-line hockey rinks , 1 skate park, 4 infonnation kiosks, 4 shelters without restrooms, and 107 additional parking spaces . Of these , the most noteworthy changes are the 2 in-· ey rinks and the .~.':!~ark. The hockey rinks and the skate park facilities are located i "'?,~ ·~ib)_JJ1r-~ .... • . • • 0 , -• • - BY AUTHORITY ORDINANCE NO . _ SERIES OF 1997 COUNCIL BILL NO. 82 INTllODUCED BY COUNCIL MEMBEJl~.....,.. ..................... - A BILL FOR AN ORDINANCE APPROVING AN AMENDMENT OF THE PLANNED DEVELOPMENT FOR CORNERSTONE PABX (SOUTH SUBURBAN PAlllt AND RECREATION DISTRICT) AND INTDGOVEBNKENTAL AGBEEMENT FOR THE INCLUSION OF 2 IN-LINE HOCKEY BINKS, l SEATE PAlllt. 4 INFORMATION KIOSKS. 4 SHELTERS WITHOUT RESTROOMS AND 107 ADDfflONAL PAllKING SPACES. WHEREAS, the ED...-,d City CawM:il approved the South Suburban Park and Rec:nati.cm Dimict's Planned Development with the PllllllllP of Resolution No. 95, Seri• al 1993; and WHERE.\S, South Suburban Parks and Recreation District filed an application for an amendment to the 1993 Cornerstone Park: and WHEREAS, the propoaed amendment wowd include the inclusion of 2 in-line hockey rmka, l skate park. 4 information kiosks, 4 shelters without restrooms and 107 additional parkin( spaces; and WHEREAS, the Enclewood P1armmc and Zoaiq Commipjm held a Public Hearing an .Aupst 5, 1997, ~ the Ammdmeat of tbe Plamuici Develapmmt and added tbe followin( condition: 1 . The skate park sball be lmTOUDded by a mmimum m foot (6') mp r.ace. with J.oc:kill( ptes; WHEREAS, the Eqlewoocl P1armiq and Zoaiq Commipjcm alao made the followin.s recammeadetion• to tbe Dimict: l . Tha Dietrict ebowd improq and pr,mda aclctitiaaal ped..criaD -- Cram the S:rz± rt carmr oltbe Pm tD tbe iDtmw path.,._. with defined c:roeewaJb and aidawalke; ad 2. 3 . The Dietrict lboaJd mitipta tbe impKC a{ 'febide beedJip,ta Oil IUffOUIMDIII raidctial Illa by UM of pwlin(, bmu, ar CJcblr maDI to prtl9at intruiaD of tbe hewiJipte CID the naideaaaJ UNI; and An in-depth l'ffl-af lichtmc epem!caacme &r the parmu, lote and skatin( -be UDdertakm by tbe Diatrict, addrNl1DI --such u heicbt of scudarde, deftec:tiaD af licht ra:,a downward. fook:andl• ratin( of bwhe. A lichaa, plan mcompeein1 thie imbrmaaaD, u a mizlimWD, lball be pnpend and pram1:lld tD City Comu:il ebowinr a mit:ipam a{ the i.mpect a{ tbe paopawd lichaDI fir both the -- and the parkinf lote CID the laffOUDdinr rwidma•I QNI; -l - "' - • • 0 --• • ·, • (. NOW, TBEllEFOllE. BE 1T ORDAINED BY TBB CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sstim 1 Tba City Carmcil altbe City alEapwood. Coiondo IIDds that the Dia1:rict baa ad*-d tbe Plmmmc md 1.aams CommilRaa rwommmd•daaa Secsim 2, Tba Eapwaod City Camu:il banby ~ tbe Amendment to the Pwmacl 0..1bpr:rmt fir Samb Saharba Pub wl Bec:reu:iGD Diacrict'a eam.... Park ......... -Bmillit A. rib die c:mctitian that tbe .... park aball be awf"OIIDdild by • rni11imom liz fbot (8'} biafa &mm, wdh klclmaa ~ Sectim 3 Tba City al ....... aad 'n. Soada Salwaba. Park wl BatHIIDllll Diatm:t acne that die~ al......,... lball be aram-1 Saad! Sabarblm Pub 8Dd BacraCiall Diaerict'a r-wentl•I ma Ir die -al all fai:ilitia ill CGl'Ul'IIIIIIUI Park. Sectim , The City al En..-,d wt n. Saal:b Sailarba Pm md Becrw:ion Diatnct acne to~ a payment ill Jim al1:aaa far CarwiRIIIWI Pm. Introduced, read iD fall. md puNd cm Inc nadiar cm tbe 2Dd day al Septambar, 1997. Puhliabld u a Bill firm OrdmaDce cm die 4th day al~. 1997. 'l'bama J. Sama, lla,ar ATTEST: Law:mbia A. BIUa, City Ciak I. Low:riabia A. BIUa, City CJarit alb City alBapn,ood, Colando, ~ catiff that tbe ._.. wl finlamc ia a t:naa 1X1P1 al a BID Ir m Orc1iuDce. ad:i1ldmed. rwl iD ran, md ..-I cm am rwtiac cm die 2Drl day al%: ber, 1117. .. • • 0 -• • • INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, entered into this __ day of , 1998 by and between the CITY OF ENGLEWOOD ("Englewood"), whose address is 3400 South Elati Street, Englewood, Colorado 80110, and SOUTH SUBURBAN PARK AND RECREATION DISTRICT ("South Suburban"), whose address is 6631 South University Boulevard, Littleton, Colorado 80121. TERMSOFAGREEMENT In consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, it is agreed by and between the City of Englewood and South Suburban Parle and Recreation District that: 1. South Suburban will provide resident rates for the citizens of Englewood with respect to batting cages and miniature golf at Cornerstone Parle. 2 . Englewood will provide resident rates to members of South Suburban for their use of the pool and accompanying facilities to be built at Belleview and Windermere (expected to be completed in 1999). 3 . Each entity will advertise the other's facilities referenced in paragraphs I and 2 above, in their respective summer recreation catalogues generally distributed to their residents . The size of the advertisement would be a minimum of one-quarter page. 4. South Suburban and Englewood agree to have their staffs work cooperatively to design and implement parking for the pool to be constructed at Belleview and Windennere and the ballfield to be constructed at this intersection as well as access and parking for the shelters located in this area. Cost for construction and parking shall be equitably apportioned. 5 . Both parties understand that this Agreement is subject to annual review, approval, and budgeting by the Englewood City Council and the South Suburban Parle and Recreation District Board of Directors, and may be terminated by either party if such annual approval is not given. 6 . All notices and communications under the Agreement shall be mailed or delivered to the City of Englewood at the following address: ......... . ' .. ., • • 0 '~, I 1- • • • <. Gary Sears, City Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notices and communications under the Agreement shall be mailed or delivered to South Suburban Parle and Recreation District at this address: David A. Lorenz, Executive Director South Suburban Puk and Recreation District 6631 South University Boulevard Littleton, Colorado 80121 ,. - 7 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the South Submban Puk and Recreation District and the City of Englewood. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: By:------------ Loucrishia A. Ellis, City Clerk ATTEST: By:----------- 2 CITY OF ENGLEWOOD By: __________ _ Gary Sears. City Manager SOUTH SUBURBAN PARK AND RECREATION DISTRICT By, ~1a~ David A. Lorenz, Executive° . . • . • • 0 - - • • • • '· • South Suburban loOld al DNc:ton cna,ies E. Stroh Cno1rrnor" T Park and Recreation District Admlnllflatlve Olllce James J Ryan Ill Rooerta F G 1ll tS T,morn v J Flynn James A Taylor 6631 S. University Blvd . 303 /798-513 1 Littleton. CO 8012 1 Fax 303/798 -3030 www.ssprd.org Execu!Ne DileCto< David A. Lore nz February 17, 1998 Mr. Gary Sears, City Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80110 RE: Intergovel:Dllelltal lloD-Bindi.Dg Letter of UDderatanding for Service Pee Payaant Dear Gary: This letter will serve as confirmation of an intergovernmental non-binding understanding reached between the City of Englewood and South Suburban Park and Recreation District, respecting services to the Cornerstone Park facilities. As we have discussed, South Suburban wishes to ensure that services to this property are continued. To that end, South Suburban desires to make a service fee payment annually to the City of Englewood to ensure the ongoing availability of various governmental services . Since South Suburban is a political subdivision of the State, Cornerstone Park has been deleted from the tax roles. Nevertheless, South Suburban is willing to pay an amount yearly, est i mated to be the impact upon the City of Englewood to assist in the provision of services such as road maintenance, law enforcement, and fire protection. We have currently collectively determined that amount to be $8,000. We request a continuing monitori ng of the cost of such services, and an annual accounting of those costs for reevaluation purposes. Based upon that annual review, and of course upon appropriation of the funds, South Suburban expresses its intent to continue to @ . , • • 0 - - February 17, 1998 Page 2 • • • ... cooperate with the City of Englewood and the provision of compensation for impact caused and benefits received by the parties. Any continuing future payments shall be made to the City through your office with reference to this Letter of Understanding. As noted above, nothing herein shall be deemed binding, mandatory, or enforceable against the other party. Nonetheless, South Suburban restates its desire to continue an open cooperative relationship with the City of Englewood, and to fairly evaluate benefits and impacts caused or received by each of the parties. Yours very truly, f} (,'\,"tl'LC-1 o David A. Lorenz Executive Director /ab . ' •. ... • • 0 )- • • , . • ALDRIDGE TRANSPORTATION CONSULTANTS Advc1nced 1i ansp01 lnt1011 r1~m1i11g nnd SJ-stem l>e~i~n 5600 GREENWOOD PLAZA BLVD SUITE 220 E NGLEWOOD. COL O RADO 8 0 1 1 1 TELE 303-669-0333 r "" 3 0 3-6B9-0444 CFU ' ::"O::" 594 4 1 32 February 13, 1998 Mr. H . William Woodcock , ASLA Manager uf J>lannmK & ( ·omtn,ct ion 6631 South University Blvd . Littleton, Colorado 80 I 21 RE: REYIEW OF REVISED CORNERSTONE PARK PU.N FOIi TRAFFIC CONCERNS Dear Mr. Woodcock : The firm has reviewed your proposed revisions to the referenced project and find that no additional impact to the adjacent streets and intersections will be occasioned from what we had described in our report (as John Aldridge & Associates) prepared in August, 1993 . We note that the existing and planned accesses to the park, internal circulation, and location of parking areas remain the same. In our previous report we said that the accesses, circulation and parking will provide a high level of service and efficiency for traffic movement. The revisions, specifically a skate board park and more parking ofapproximately 107 spaces. will not create additional traffic impact because of the following reasons. I) Most users of the skate board park will not be licensed drivers. They "'ill either walk. ride bikes. or in some cases. use the RTD to access the facility . Some "'ill be dropped off and picked up by parents or friends. In the competitive area for in- line hockey teams. (maximum of four teams with six players each). most of the activity will be during the non-rush hours of the adjacent streets and intersections. As with the softball and soccer fields. weekday games will probably start around 6 :00 PM and change over at around 7 :30 PM which is when traffic on Belleview and Windermere is sib'llificantly reduced from the rush hour (4 :30 PM to 5 :30 PM). ... • • 0 , - - • 6'- ,.. • ~ • . , (. ALDRIDGE TRANSPORTATION CONSULTANTS Letter to Mr. Bill Woodcock February 13, 1998 Page 2 2) The additional parking docs not generate traff"tc by itself Traffic generation is product of land use and facility. We expect positive benefits of the additional parking by reducing on-street parking on W . Prentice Ave . Also, with the additional parking space, more people can enjoy special events at the park such as the 4• of July celebration. Additionally, we have reviewed the pedestrian and trail system and find it to be outstanding. The inner loop with two surfaces ( concrdc for bicyclists and crushed mines for pedestrians/joggers) is exceptional . The addition of sidewalk this summer on the north side ofW. Prentice Ave. will benefit traffte flow and safety. We recommend that crosswalks and signs be placed on W . Prentice Ave. at every other intersection, say S . Dat..-a and S . Foaat Hi ll. These would facilitate pedestrian movement to and from the neighborhoods 50Ulh of the .-,k. Thank you for the opportunity to be of service. Principal JMWA/me ~~ . , • . .. • • 0 I • . , . • . . ALDRIDGE TRANSPORTATION CONSULT ANTS Advanced Transportation Planning and Syst~m Design February 13, 1998 Mr. H. William Woodcock, ASL.A Manager of Planning &: Constrw:lion 6631 South University Blvd Littldon, Colorado 80121 Dear Mr. Woodcock : 5600 GMENWOOO PUZA BLVD. SUITE 220 ENGLEWOOD. CoLORADO BO 1 1 1 TE1.E. 303-689-0333 F All: 3036890444 CELI..: 30~ 132 The firm bas reviewed your proposed revisions to the referenced project and find that no additional impact to the adjacent sttects and intersections will be occasioned from what we bad described in our report (as John Aldridge cl Associates) prepared in August, 1993. We note that the existing and planned acceaes to the part. internal circulation. and location of parting areas rrmain the same . In our previous report we said that the IICCellleS, circulation and parting will provide a high level of savice and efficiency for traffic movement The revisions, specifically a skate board pm and more pamag of approximately I 07 Sl*CS, will not ~ additional traffic impact became of the following nwons . I) Most users of the skate board pm will not be licemed drivers. They will either walk, ride bikes. or in some cues, use the RID to accas the facility. Some will be dropped off and picked up by parents or mends. In the competiti\'C area for in- line hockey teams, (maximum of four teams with six players each), IDOlt of the activity will be during the non-rush hours of the adjacent streels and intenectiom. As with the softball and soccer fields, weekday pmes will probably Slart uound 6 :00 PM and chlnae over at uound 7:30 PM which is when traffic on Belleview and Windermere is sipificantly reduced from the rush hour (4 :30 PM to S:30 PM). . . ... • • 0 - - I". • • • " · ... • ALDRIDGE TRANSPORTATION CONSULTANTS Letter to Mr. Bill Woodcock February 13, 1998 Page2 .,,_ \ ,.. , 2) The additional parking does not pneraee uaffic by i1lelf Traffic p,neration is product of land use and facility. We expect poaitiw benefits of the additional s-tiJl8 by ffllucing 01M11reet partiDs on W. Prmlice Ave . Allo, with the additional parting space, more people can enjoy special eYeDts at the park such as the 4• of July celelntion. Additicw.aly, we ba¥e nMeWed the pedCllrim al trail S,-. ad find it ID be Ol~"I The inner loop widl two surfaces ( concrete for bicydills ... awlled lmaa for pedalrianwjoaen) is exceptiwl. The addition of sidewalk Ibis IUllllner OD the aarda side of W . Pnlllice Ave . will benefit lldic flow and afcty. We reccnlllflld dllt CIW-ab al lipl be placed OD W. Preabce Ave. at ew:ry oda inleaiOCliuo, ay S. Dllula and S. FOlal Hill. Theae would &cili1ate pedeslrian movement lo and fium the aeipbomooda IOUlb of the pn. Thaalt you for the opportunity to be of la\'ice. JMWA/me . ' , . • . ~ . • • 0 - - • . <. MEMORANDUM • • • \ r TO: Harold Stitt, Community~ loo.Range Planning FROM: Rick Kalan. Engineerina ~ V DATE: Febnmy 17, 1991 SUBJECT: Review of MYiled CwaallllllC Park plan for tnffic c:onccms Traffic staff reviewed the ccwnm enlS OJIIIWined in the letter from Aldridge Tramportalion Consultants dated Febnmy 13, 1991, rea-din& SoUlb Suburban's proposed revisions to the Comentonc Park Development Plan. Staff concurs with the Aldridge's findings. The plan revision to add 107 parking spaces will impro'YC parking conditions. We don't believe the additional parking will C8UIC a suhunrial change in traffic impact for adjacent streets. This is consimnt with Aldridae'• tnffic report from 1993 . ~ . < ' ' .. •. • ' , • 0 - - ORDINANCE NO. _ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO. 136 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Soutbpte SaaitatioD District recommends the inclusion of appromnately 4.886 Krell into the Dilltrict; md WHEREAS, Mid incluaion ia loc:at.ed in Greenwood Villap W-Eut Belleriew and Eut Orc:bard alf South Colorado Blvd.; and WHEREAS, the -inc of tbia property ia linsle family residence Raident;i•J R2 .5; end WHEREAS, Mid 8Dl.leY•tion of tbia edditionel pen:el of Jud will DOt increw the tap ellocet:ion to tbe Soutbpt,e Sanitation District; end WHEREAS, the Enpewood Wets end Sewer Board recmnmencled epproYel of Supplement No. 138 to tbe Sau«tip1e Sanitation Dialrict et tbe Jewry 18, 1998 meetinr; NOW, THEBBPOBE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLOllADO, AS FOLLOWS: Sgtiqp 1. 1be All-t ~ tbe City of Enpewood wl Savthpte Sumet:iao Diatric:t entitled "Supplmlmt No. 138, to c.mnectar'• Air• :sot", wbicb indudee eppl'CIIDID8Wy 4.888 ea. Jocet.ed in 0-waod ViUap --.. Beat BeUm.. wl Eut On:berd aff Soutb Calondo Bml., ia banby ecceptied wl .... u,ed by tbe Enpewood City Council. A copy of Mid A11-t ia ettecbed --u "Emibit 1• ud incorpontecl bereiD by ......... Ses1im 2. 'lbe Mayor and City Clerk ere banby •utbaliad to llip wl ettat, ,eepectiwely, tbe Mid "'1-t far wl CID behalf of tbe City Coancil md tbe City of Enrl-ood, Colorado. Introduced, reed in full, and puNd CID tint l'NUI( CID tbe l 7tb day of F~, 1998. -1- 'I •. -. .. • • 0 ]- • • I• • ' .. COUNCIL COMMUNICATION Date Agenda Item Subject February 17, 1998 10 a i Southgate Supplement #136 Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their January 13, 1998 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #136 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by the Southgate Sanitation District representing the owner, Bobby G. and Delaine Stevenson, for inclusion into the Southgate Sanitation District. Supplement 1136 is for an area approximately 4.886 acres. The zoning per Greenwood VIiiage is for a single famify residence . Residential R2 .5 zoning is the intended use of the property. The legal is attached as Exhibit A . The property is located between E. Belleview and E. Orchard off S. Colorado Blvd. in Greenwood Village . FINANCIAL IMPACT None . UST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement # 136 ---~ .. ..,_ " - 'I • ., • • 0 I ORDINANCE NO. _ SERIES OF 1998 • • • ,. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE APPROVING SUPPLEMENT NO. 136 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitaticm District recommends the inclusion of appronmately 4.886 acres into the District; and WHEREAS, said inclusion ia located in Greenwood Village between Eut Belleview and Eaat Orchard off South Colorado Blvd.; and WHEREAS, the zoning of tbia property ia Bingle family residence Residential R2.5; and WHEREAS, said annexation al tbia additicmal parcel of land will not increue the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval af Supplement No. 136 to the Southpte Sanitation Diatrict at the January 13, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Soc;t;icn 1. The A,reement between tbe City al Englewood and Soutbpte Sanitation District entitled "Supplement No. 138, to Caanect.or'1 Acr-t", wbicb includel appromnately 4.886 acna locat.ed in Gnmwuod VUlap between Baat BeUmew and Eut Orchard fl! South Colondo Bml., ii --, aicceptlld and appvwed bJ the Eqlewood City Council. A copy al Aid .Acr-m-t ia attached mnt.o u "Bmibit 1 • and incorporated herein by reference. Sgtiqp 2. The Mayor and City Clerk are bm"eby autbariwl to lip and au.t, reapectively, tbe Aid Act-ent for and Oil behalf of the City Council and tbe City al Eqlewood, Colorado. Introduced, read in full, and puNd on tint readinc on the 17th day alPebruarJ, 1998. -I - -------- . , • . .. .. • • 0 , ---• ]- • • • .. Publiahed as a Bill for an Ordinance on the 20th day of February, 1998. 'lbomu J. Buma, Mayor ATTEST: Louc:riabia A. Ellia, City Clerk I, Louaiabia A. Ellia, City Clerk of the City of Enpewoocl, Colorado, hereby certify that the above and fonroiDC ia a true copy of a Bill for an Ordinance, introduced, read in full. aacl palNd on tint readiq on the 17th day of February, 1998. lAuc:riahia A. Ellis -2- 6' - ' l • . .. • • 0 - - • • • • .. SUPPLEMENT NO. ~ TO CONNECTOR'S AGREEIENT THIS AGiR E fT, mail and .-911 inm ~ and b1tW9a1 the CITY OF ENGLEWOOD, adlnll ~ and 1m11q1 its duly aulharimd Mayol' and Cly Clenc . tweiillllll' caled the "Cir,• and sountGAlE UNITA110N mllllCT. ~ and Douglas CountiN. Cdlndo. t.eeilllllll caled the "Dlalrtct.. Wl1MESIE'TH: WHEREAS, on the 20lh day at June . 1981 . the City and the Olatrict .-911 inlD an P@w,_.. in which the City agrwi ID lr9at ..-ge Oi igimlQ from the Olllriel's sa1ilary __. systam will1in the .-served ~ the Dl9trict. which P@Wi--lTIOlt ._., ra-i ~ ConnediOl'S Agiwnent ci.-d Nuwl•• 18. 1988: and WI L iEAl, lllid Conra:IDr's P9w1•.t pnwidla ltlll tt. dlaiCl ~ nat ..... its ..va .. will10Ul the wriltlrl cor-,t of the Cly; NOW, TH!R!FORE. in C01tlideiation of the mulUal w.e.•• and U1Midlil-bllci*i'n11119• tw9in Nl farttl. the pstill agl'N • follows ; 1. 11-City ha9by ~ ID the indulion d CIIWI ....... .. locaad in Oauglal County, Cdlndo. awned ~ ...., G. ... Dalllll9 Ill;.•-and mcn U, daCliied an Ellhibit A llllaChSS talllO and icu1D-.ii her9in ~ ,..,.._, inlO ~ Sanallon Olatrict . n. City ~ .. laid additionll .. may be --wilh the ..... facilltills of the Oillncl. and .. the City wil nm the~ dlldWgad into the City'111Unk line from laid addllaNI .._ II in a.u,;dliU will the Connec:D"I Agl--,,t daai NuwilltNi 18, 1988. Ac:olldl11gly, EJChibit A llifll1Wd ID in Pa;agraph 1 of the CUiwwcu's AQIW•• il daai ,.....,._ 18. 1988. is ha9by arnandlld ID includll such addillaNI ... It Wl1Nll8 WI EIEOF, the pstill i.. Nt lheir twldl and ... ttil_f»lld __ .19_. ATTEST : CITYCI.IM (SEAL) CITY OF l!NGU!WDOD By: _______ _ IIA'IOII IOUTHGA1E UNITATION NTS:T, M#///ffa4IMIJ DOIICII MCCUIIB. COIOIUDO ------- H I B I T 1 .. • . . • 0 • • ·, - .. EXHIBIT A Legal Deacriptian LOT 3, SIERRA VISTA, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF ARAPAHOE, STATE OF COLORADO, TOGETHER WITH A NON- EXCLUSIVE PERPETUAL EASEMENT FOR INGRESS AND EGRESS ON AND ACROSS THE PRIVATE ROAD EASEMENT ON THE EASTERLY lS FEET OF LOT 4, SIERRA VISTA, AS SHOWN ON THE RECORDED PLAT. Also known as: 3949 East Garden Lane, Littleton, Colorado 80121 LOT 4, SIERRA VISTA, ACCORDING TO THE RECORDED PLAT THEREOF, EXCEPTING AND RESERVING FROM SAID LOT 4 IN FAVOR OF THE OWNER OR OWNERS OF LOT 3, SIERRA VISTA, A NON-EXCLUSIVE PERPETUAL EASEMENT FOR INGRESS AND EGRESS ON AND ACROSS THE PRIVATE ROAD EASEMENT ON THE EASTERLY lS FEET OF LOT 4, SIERRA VISTA, AS SHOWN ON SAID RECORDED PLAT, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known as: 3901 Garden Avenue Littleton, Colorado 80121 . , • . .. • • 0 , -• • • COUNCIL COMMUNICATION Date Agenda Item Subieet Reimbursement for Water and Sewer Main February 17, 1998 10 a ii Extensions Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Existing Municipal Code 12-1B-3B, Extension of Distribution Mains and 12-2-9A, Extension of Collection Mains. RECOMMENDED ACTION Council approval of the Ordinance to change Municipal Code #12-1B-3B and 12-2-9A for reimbursement for water and sewer main extensions . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing policy of water and sewer main extensions has been reviewed regarding the City incurring the initial expense of extending the water and sewer mains subject to recovery from the requesting party. The Water and Sewer Board, at their January 13, 1998 meeting, recommended Council approval of an Ordinance where recovery shall be upon completion of said extensions and shall involve the entire cost of the main extension. It is proposed that the Municipal Code shall read: "Recovery shall be from the requesting party or parties and shall be upon completion of said extension. Recovery shall be defined as the entire cost of the main extension . The requesting parties shall demonstrate the ability to reimbunie the City for construction costs prior to construction ." FINANCIAL IMPACT None . UST OF ATIACHMENTS Proposed Bill for an Ordinance ' ' 0 • • 0 , I ]- • • ORDINANCE NO. SERIES OF 1998 . ' (. • • C• • BY AUTHORITY ABILLFOR COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 12 , CHAPTERS lB AND 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EXTENSIONS . ,, - WHEREAS, the current policy concerning water and sewer main extensions has been reviewed with regards to the City incurring the initial expense of the extensions of water and sewer mains subject to recovery from the requesting party; and WHEREAS, the Englewood Water and Sewer Board, at their January 13, 1998 meeting, reviewed and recommends the recovery shall be upon completion of said extensions and shall involve the entire cost of the main extension; and WHEREAS, by the passage of this Ordinance the City shall recover the entire cost of the main extension upon completion of said extensions for water and sewer mains; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the amendment of Title 12, Chapter lB, Section 3, Subeection B, which shall read as follows: 12-1B-3(B): Extension Of Distribution Mains: When it ia n,queeted in writing to extend a distribution main in order to aerve a responaible applicant or applicants whoae property ia located within the City, the City will make such eztenaion at its own expense subject to recovery . RECOVERY Slw.L BE FROM THE REQUESTING PARTY OR PARTIES AND Slw.L BE UPON COMPLETION OF SAID EXTENSION . RECOVERY Slw.L BE DEFINED AS THE ENTIRE COST OF THE MAIN EXTENSION. THE REQUESTING PARTIES SHALL DEMONSTRATE THE ABILITY TO REIMBURSE THE CITY FOR WATER MAIN CONSTRUCTION COSTS PRIOR TO CONSTRUCTION. In the cue m new 1ubdivisiona or reviaed plattinp, the applicant shall submit to the W.r 9i, iaiea CITY three (3) approved prints of the area involved upon which lball be lhown the lot and block numbers and the house numbers . All water mainl lhall be CONSTRUCTED ACCORDING TO STANDARDS AS ESTABLISHED BY THE CITY AND Slw.L BE located within dedicated public n,bts of way or acceptable recorded eaeementl . • • • 0 I -• • (~ . -' '· Section 2. The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 12 , Chapter 2, Section 9 , Subsection A, which shall read as follows : 12-2-9 : CONSTRUCTION OF SEWERS; EXTENSION OF MAINS ; COSTS ; INSPECTION : A. When an application is received to extend the collection main in order to serve the applicant or user whose property is located withlN the City, the City shall make such extension at its own expense , subject to recovery of said cost.s and provided that the extension is to serve land properly subdivided. RECOVERY SHALL BE FROM THE REQUESTING PARTY OR PARTIES AND SHALL BE UPON COMPLETION OF SAID EXTENSION . RECOVERY SHALL BE DEFINED AS THE ENTIRE COST OF THE MAIN EXTENSION . THE REQUESTING PARTIES SHALL DEMONSTRATE THE ABILITY TO REIMBURSE THE CITY FOR SEWER MAIN CONSTRUCTION COSTS PRIOR TO CONSTRUCTION . ALL SEWER MAINS SHALL BE CONSTRUCTED ACCORDING TO STANDARDS ESTABLISHED BY THE CITY AND SHALL BE LOCATED WITHIN DEDICATED PUBLIC RIGHTS OF WAY OR ACCEPTABLE EASEMENTS . In the event that the extP.nsion is to serve nonsubdivided , industrially zoned lands within the City, the -DireeieP CITY may require that the applicant or user extend the collection main at his own cost and expense, subject to an equitable method of recovery of cost.s . Introduced, read in full , and passed on first reading on the 17th day of February, 1998. Published as a Bill for an Ordinance on the 20th day of February, 1998. Thomas J . Burns, Mayor ATTEST : Loucris hia A. Ellis , City Cle rk I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full , and passed on first reading on the 17th day of Fe bruary, 1998 . Loucri1hia A. Ellis ,,,_ • I " 0 • • 0 , I ]- - • ORDINANCE NO. _ SERIES OF 1998 • • • '· BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN OllDINANCB AMENDING TITLE 16, CHAPl'ER 4, SECTION 17, or THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 16-4-17 AND BNACTINO A NBW TITLE 16, CHAPTBR 4, SECTION 17, BNTlTLED FENCES, WALLS AND VISUAL BARRIERS . WHEREAS, the propoeed ordinance is another step in the implementation of the Concepts, Strategies, and Actions contained within the South Broadway Action Plan; and WHEREAS, this propoeed amendment to the Comprehensive Zoning Ordinance is applicable to all properties in the City of Englewood, Colorado; and WHEREAS, the propoeed amendment addrmaes concerns that have been voiced to City staff by property owners regarding height restrictions, fencing materials, maintenance of fencing, and clarity of regulations; and WHEREAS, the propoeed amendment was prepared with the goals of improved language clarity and easier administration which will result in benefits to both staff' and to the general public; and WHEREAS, the propoeed revised provision.I are intended to eliminate ambiguity that property owners have experienced in co11.1truction of new fencing, or replacement of fencing; and WHEREAS, the Englewood Planning and Zoning Commiuion reviewed and approved this proposed amendment at their November 18, 1997 Meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Se,;tiop 1. The City Council of the City ofEnclewood, Colorado hereby repeala Title 16, Chapter 4, Section 17, entitled Fences And Retaining Walla, of the Englewood Municipal Code 1985, and enac:ta a new Chapter 16, Chapter 4, Section 17, entitled Fencee, Walla And Visual Barriers which shall read as follows: IM-17: FENCES, WALLSANDVISUALBABBIC88: A. PURPOSE : THE FOLLOWING PROVISIONS ESTABLISH STANDARDS TO REGULATE THE DESIGN AND LOCATION OF FENCES, WALLS, AND VISUAL BARRIERS IN A MANNER WHICH ENSURES THE FOLLOWING: 1. AN ATTRACTIVE ENVIRONMENT OF SAFE, DESIRABLE CHARACTER; 2. REDUCED POTENTIAL FOR PEDESTRIAN OR TRAFFIC CONFLICTS; AND 3 . PROTECTION AND SECURITY FOR THE OWNER AND ADJACENT PARCELS . . ' 10b i •· • 0 • 0 , • • B. PERMIT APPLICATION: NO FENCE, WALL, OR VISUAL BARRIER MAY BE MAINTAINED OR ERECTED WITHOUT A VALID ACCESSORY PERMIT ISSUED BY THE CITY. AN ACCESSORY PERMIT SHALL BE FILED ON A CITY APPLICATION FORM, TOGETHER WITH FEES, PLANS, AND ANY OTHER INFORMATION REQUIRED BY THE CITY FOR ALL FENCES AND WALLS. C. DEFINITIONS: FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS APPLY: I . OPEN 2 . SOLID 3. HEIGHT MEANS A VERTICAL SURFACE WITH 50% OR MORE OPEN SPACE. MEANS A VERTICAL SURFACE WITH LESS THAN 50% OPEN SPACE. MEANS THE DISTANCE OF THE VERTICAL SURFACE MEASURED FROM FINISHED GRADE TO THE TOP OF THE VERTICAL SURFACE. D . VISIBILITY: SIGHT DISTANCE TRIANGLE • ALL ZONE DISTRICTS . NO VISUAL OBSTRUCTION OVER TWO AND ONE-HALF FEET (2 11'2') IN HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE ERECTED, PLACED, PLANTED, OR ALLOWED TO GROW WHICH OBSTRUCTS THE VIEW OF PEDESTRIANS ON THE SIDEWALK OR OBSTRUCTS THE TRAFFIC VISION AT INTERSECTIONS. COMPLIANCE WITH THE SIGHT DISTANCE TRIANGLE SHALL BE DETERMINED BY THE CITY TRAFFIC ENGINEER. 1. FIGURE -1 AND CHART 1 SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY AT MAJOR STREETS/AVENUES AND MINOR STREETS/AVENUES. Fipre -1: SIGHT DIBl'ANCE TRIANGLE . ------~---. -----1::i= r= --------~---. -----· A ! A Cbart-1 .... a.,,_, .,i~ IIIGIIT DIID'ANCB Minimum Required lntenec:tion Tvne of Intenection S......d M.P .H . Surht Diatance A B Minor Major Street/Avenue Street/Avenue Minor Street with 20moh 15' 200' a Maior street 25moh 15' 215()' 30mllh 15' 300' 35 fflnll 115' 350' 40moh 15' 400' 45mnh 15' 415()' 50moh 15' 500' 2 •. D ,,; • • • 0 , • 0 • (, 2. ALLEY SIGHT DISTANCE TRIANGLE • ALL ZONE DISTRICTS . NO VISUAL OBSTRUCTION OVER TWO AND ONE HALF FEET (2 1/2') IN HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE PERMI'ITED WITHIN TWENTY-FIVE FEET (25') OF THE SIGHT DISTANCE TRIANGLE AREA OF AN ALLEY AND STREET/AVENUE INTERSECTION. SAID TRIANGLE IS MEASURED FROM A POINT WHERE THE CURB LINE AND THE CENTER LINE OF THE ALLEY MEET. THE DISTANCE FROM THIS POINT SHALL BE TWENTY FIVE FEET ALONG THE STREET/AVENUE CURB LINE (•B•l AND TWENTY- FIVE FEET ALONG THE ALLEY CENTER LINE (•A•). THE THIRD SIDE OF THE TRIANGLE (•c•) CONNECTS THESE TWO SIDES, CREATING THE SIGHT DISTANCE TRIANGLE. BOTH FIGURE · 1 AND FIGURE · 2 SHALL BE USED TO DETERMINE CROSS-CORNER VISIBILITY AT STREETS/AVENUES AND ALLEYS . Fipre · 2: AU.EY SIGHT DISTANCE TRIANGLE POINT OF INTERSECTION STREET/AVENUE .,....__... B i B A '" Center Alley Line, Twenty-five (25') feet B • Curb line, Twenty-five (25') feet ALLEY 't + E. CUSSIFICATIQN OF FENCES WAP:S AND \1ISUAL BARRIERS. SINGLE STYLES FOR FENCES, WALLS AND VISUAL BARRIERS ARE ENCOURAGED. CLASSIFICATION OF FENCES, WALLS AND VISUAL BARRIERS SHALL BE AS FOLLOWS: CLA88 8TILB JIIA'NID,H Cluel Maaonry Hip quality brick, atone, concrete, block, or other aimilar material Clua 2 Decorative metal Hip quality metal, auch u cut iron, calvaniaed ateel, aluminum or other metal fenc:iu materiala Clua 3 Chain link Rich quality ateel or aluminum Clue4 Wood ,. Rich quality material rated for exterior fence uae Clues Alternative Vmyl, plutic: or compoaite fence proclucta deaitmed anacifically for fencirur Clue6 Combination fence/wall/vegetation Combination fenc:ea lhall conaiat of two or more quality materiala Clue7 Woven Wire tturh quality ateel or aluminum 3 ... - . . • •· • 0 , • • '· F. MAINTENANCE: ALL FENCES, WALLS AND VISUAL BARRIERS SHALL BE KEPT IN A STATE OF GOOD REPAIR. A MAINTENANCE AGREEMENT ON THE CITY ACCESSORY PERMIT FORM SHALL BE SIGNED BY THE PROPERTY OWNER. G. DISTRICT STANDARDS: FENCES, WALLS, AND VISUAL BARRIERS SHALL CONFORM TO THE FOLLOWING STANDARDS: 1. BARBgD WIRE. NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE SHALL BE ERECTED OR MAINTAINED IN ANY RESIDENTIAL ZONE DISTRICTS OR WITHIN ANY ZONE DISTRICT FRONT YARD SETBACK. 2 . EJ,ECTRIC FENCE. ELECTRICALLY CHARGED FENCES SHALL ONLY BE ERECTED OR MAINTAINED IN INDUSTRIAL ZONE DISTRICTS OR WITHIN ANY APPROVED PUD INDUSTRIAL DISTRICT. 3 . FENCE HEIGHT ON Bl'J'AINJNG WALLS · WHEN A FENCE IS ERECTED UPON A RETAINING WALL, THE HEIGHT OF THE FENCE SHALL BE MEASURED FROM THE TOP OF THE RETAINING WALL . WHEN A FENCE IS ERECTED UPON A WALL WHICH IS PART OF OR INTEGRAL TO THE FENCE CONSTRUCTION, THE ENTIRE STRUCTURE SHALL BE CONSIDERED A CLASS 6 FENCE AND SHALL COMPLY WITH CLASS 6 FENCE HEIGHTS. 4. TEMPORARY FENCES • TEMPORARY FENCES FOR CONSTRUCTION SITES OR SIMILAR PURPOSE SHALL COMPLY WITH THE SECTION 3303 OF THE UNIFORM BUILDING CODE . 5. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ERECT A FENCE OR FOR ANY PROPERTY OWNER TO ALLOW A PERSON TO ERECI' A FENCE WHICH DOES NOT CONFORM TO THE STANDARDS ENUMERATED RBREIN AND STANDARDS FOR ALL ZONED DISTRICTS AS DESCRIBED IN FIGURES 0-1, 0-2 AND 0-3. 4 . ' • . '• .. • • 0 I I l • • J CITY OF ENGLEWOOD ZONING ORDINANCE RESIDENTIAL DISTRICT Standards, Fi,rure G- ZONE FENCE LOCATION PERMITTED PERMITTED ADDITIONAL REQUIREMENTS/COMMENTS DISTRICT FENCE MAXIMUM CLASS HEIGHT R-1-A FRONT YARD SETBACK R-1-B L Solid Conttruction 1,4 Three feet (3') R-1-C R-2 b. Open Conatruction 2, 3, 4, 5,6 Four feet (4') R-2 -C R-3 FRONT YARD SETBACK R-4 .. Solid Construction 1,4 Three feet (3') b. Open Construction 2,3,4,5,6 Four feet (4'), For ell residential uses, four feet (4 ') shell be the e:rcept 88 noted mHimum height. in Additional For office, institutional, and profeBBionel Requirement11 building developments for ClBBs 1 end 2 fences only, si:a: feet (6') shell be the mHimum height. R-1-A, SIDE YARD SETBACK/FENCES BACK R-1-B, OF THE FRONT BUILDING LINE R-1-C, Solid and/or Open 1, 2,3, 4, 5,6 Sia feet (6'), Fences on comen lots shall only be permitted up R-2, R-2-C, Construction except 88 noted to three feet (3') in height within the front yard R-3, R-4 in Additional setback . Requiremen~s Side yard fences shall not obstruct visibility at the intenection of the alley with a street. R-1 -A, REAR YARDSETBACK R-1-B, Solid and/or Open 1, 2,3, 4, 5,6 Six feet (6'), When the rear yard of a property abuts the aide R-1-C, Conatruction except BB noted yards of an adjoining property, the height of the R-2, R-2-C, in Additional fence constructed in front of the front building R-3, R-4 Requirements line of the house on the adjoining property shell not exceed three feet si:a: inches (3'6"). Rear yard fences shell not obstruct visibility et the intenection of the alley with a street. R-1-A, CORNER LOT 1,2,3,4,5 Si:a: feet (6') Fences on comen lots shall only be permitted up R-1-B, For buildings located on comer lots, aide in the area except u noted to three feet (3') in height within the front yard R-1-C, yard fences in the yard abutting a public twenty-five in Additional setback. R-2, R-2-C, right-of-way feet (25') Requirements Side yard fences shall not obstruct visibility at R-3, R-4 behind the the intenection of the alley with a street. front property line •, 5 • • 0 -• r . , I • • ... l • " F, •or ret[Ulat1on1 l'el ant •a ·~ ZONE FENCE LOCATION DISTRICT B-1,8-2 FRONT YARD SETBACK L Solid Construction B-1, 8-2 FRONT YARD SETBACK b. Open Conatruction ci-2,4, 5, 1 ~111~~11111111 B-1, B-2 a-2,4,5 Cl888 l l .. ---· -~ ~ -· 6'6_/ -· . ·-Poat ff J B-1,B-2 REAR YARD Solid and/or Open Conatruction B-1,B-2 SIDE YARD 1n front of the building line • ..... • 0 • CITY OF ENGLEWOOD ZONING ORDINANCE BUSINESS DISTRICT Standards, Figure 0-2 Section 16-5 of this Title, Ge ----------- PERMITTED PERMl'M'ED MAXIMUM ADDITIONAL FENCE CLASS HEIGHT REQUIREMENTS/COMMENTS 1,4,5,6 Three feet ( 3') 2,6 Six feet (6') A eolid and open construction may be permitted where a eolid bue shall have a maximum height of thne feet (3 '). The open co1111truction built on top of that hue ahall have a muimum height of three feet (3'). a 2,6 Six feet 1i11 inches (6'6·) for Clau 1 Poata/Pillan set no closer than five feet (5') on center. The height of the connecting fence section• shall be Cius 2, 4, or 5, not exceeding 1i11 feet (6'), eo long u its vertical surface is more than SK open. Thia provioion ,hall not apply to educational 1, 2, 3, 4, 5or6 Six feet (6') inatitutioaa. Rear Yard fencea ohall not obetruct viaibility at the inte..-tion of the allev with a atreet. Thia provision ahall not apply to educational 1, 2, 5 or6 Three feet (3') inatitutiono. Side Yard fencea ahall not obetruct viaibility at the inte..-tion of the allev with a atreet. , ~ r I .. I 0 ~ • 'I 1 l • • ,J I ~ CITY OF ENGLEWOOD ZONING ORDINANCE INDUSTRIAL DISTRICT Standards, Figure G-3 P"or-labooa reqwred 1ereenm.e, -11111>11ect1ona 15-4-141\. ZONE DISTRICT FENCE LOCATION PERMl'M'ED FENCE PERMI'M'ED ADDITIONAL CLASS MAXIMUM REQUIREMENTS/COMMENTS HEIGHT 1-1 , 1-2 FRONT YARD SETBACK Solid and/or Open Construction 1, 2,3,4,5, 6,or7 Six feet (6') 1-1, 1-2 SIDE YARD , . Solid and/or Open Construction 1, 2,3,4,5, 6,or7 Twelve feet (12') Barbed wire or similar materials may be uaed on permitted fences more than six feet (6') in height. Electrically charged fences are permitted . r I 0 • Side Yard fences shall not obstruct visibility at the intenection of the alley with a street. ~ I-1, I-2 REAR YARD Solid and/or Open Construction 1, 2,3,4,5,6,or7 Twelve feet (12') Barbed wire or similar materials may be uaed on permitted fences more than six feet (6') in height. Electrically charged fences are permitted. Rear Yard fences shall not obstruct visibility at the intersection of the alley with a street . • , • , 0 • ]- • • • <. Ses;tign 2. Safety Clauaea The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is nec:euary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation to the proper legislative object sought to be obtained. Sed;ign 3 Severability If any clauae, aentence, paragraph, or part of this Ordinance or the application thereof ID any penon or circumstances shall for any reuon be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other perBODB or circwDBtan-. Sed;ign 4 Inronaiatent Ordinansea Nothing herein contained shall be deemed a waiver of the proviaiom of any other Code aection or regulation applicable to fences. If there ii a conflict between the regulatiom in this Section and any other Code section or regulationa, the more stringent regulatioDB shall apply. Ser;tign 5 Effect pf repeal gr mgdificatign The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance ahall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision ahall be treated and held u atill remaining in force for the pmpoeea of sustaining any and all proper actiona, auita, proceedinp, and proaecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoee of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actiona, IRlita, procwinp, or proaecutiODII. Sed;ign 6. fmalty. The Penalty Provision of E .M.C. Section 1+1 shall apply to each and every violation of this Ordinance. Sed;ign 7. £gim,ng f'@nc;oa. Any fence in emtence prior to the effective date of this ordinance, but which doea not conform to the limitatioaa eatabliabed by thia ordinance, shall be nonconforming. A nonconforming use, allowed punuant to this Section, may remain at ita location u a lepl nancoaforming use IIUbject to the termination requirement. of nonconforming -u cleecribed in thia Title. Because it ia a purpoae of thia Ordinance to eliminate nonc:onfonning UNS, a nonconforming uae shall not resume if it baa been diacootinued for a continuoua period of at leut one hundred and eighty days or would terminate aa provided for in the general nonconforming uae provisiom of thia Title. Introduced, read in full, and puaed on tint reading on the 5th day of January, 1998. • ... .. .., •· • 0 , ~• - .. • • • <. .. Publiahed u a Bill for an Ordinance on the 9th day of January, 1998 . A Public Hearing wu held February 2, 1998. Read by title and puaed on final reading on the 17th day of February, 1998. Publiabed by title u Ordinance No. _, Series of 1998, on the 20th day of February, 1998. 'lbomaa J . Buma, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Low:riabia A. Ellia, City ci.t al the City of Enclewood, Colorado, hereby certify that the abcwe and fCJl'IIIOUII ia a tnle copy of the OrcliDance paued OD final reading and publiabed by title u Ordinance No. _, Series of 1998. . ' • . .. • • 0 f ~~v I - oeDfAHCB NO. SERlES OF 1998 • • • (. BY AUTHORITY COUNCIL BILL NO . 9 INTRODUCED BY COUNCIL MEMBER NABHOLZ -· a l!'IIIIUIMIII-.A.IM"'*••aw . ' LOCATED AT 2909 SOUTH BROADWAY BY THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood has diacuaaed the issue of a community-orientated Police Substation; and WHEREAS, the Deparbnent of Safety Services ia in need of additional office space; and WHEREAS, with the pauap ofthia Ordinance the Englewood Department of Safety Services will move its Impact Team, Community Policing and Community Relations functions and personnel to this new location; and WHEREAS, this location ia central to an area in the City where the community's expressed and actual need for these services has been the great.est; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tim 1. The City Council of the City of Englewood, Colorado hereby authorizes the Leue Agreement for a portioo of a buildinc located at 2909 South Broadway, Englewood, Colorado, a copy of which ia marked u "Emibit A• and attached hereto. Sec;tim 2. The Mayor and City Clerk are hereby authorized to sign and attest uid Leue OD behalf of the City of Englewood. Introduced, read in full, and paued on fint reading on the 2nd day of February, 1998. Published u a Bill for an Ordinance on the 6th day of February, 1998. Read by title and paued on final reading OD the 17th day of February, 1998. Publiahed by title u Ordinance No . _. Seriea of 1998, on the 20th day ol February, 1998. Tbomu J . Burm, Mayor ATTEST : Loucriahia A. Ellia, City Clerk • l • 10bil .. •· • 0 l • ]- • .. • t• ·., • \. I, Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed on ftnal reading and publiahecl by title u Ordinance No. _, Series of 1998. -2- ~- • I • . • • 0 - • • 0 I• • .. 1. •&arm• Tbia Lea••, dated, for retenaae parpcNl99 oalf, :r!MMID 21, 1111 , b -d• bf ud be-n, IMSI h41Dl '9GPH*AP, w,r , Cber• aalled •r..ear") and Cit! of 1P9l-,oocl, , tbarela oallad •t..iaaw•). J. ·--· a poniaD af • buildiD'I cnot -t.b .-.,, -~-la~ J,OOG 11'1· ft. of 9ro•• 1 .... ar ... Leaeor b•rebf •--to Lee•-aad Leaaae 1 .. -troa Leeeor for tbe tena of ..JUUL.ill r-r•, aDd upoa all of t.be ooDdJ.tiooa •• fortb baraia, tbat. oartaia r .. 1 property a1t11ated 1D tlla CouDty of Mmntss atat.a of Colorado, ooaarmly kDDWll •• 21H -" 11 C ~ -1 C, GslP« ... MIii • aa.ld r .. 1 property inolwSin9 t:ba land and all iapro9'-ta tb•reoa~a Ura.la called •tba •r-1•-·· 3. -· J .1 bsaa Tba tena of tbia LN.aa aball N for ...a&-C l I r-r• OG111N11Gin9 oa rMruea ''t l''' end ending on ---···-· -UDlN• eooDer terainat.ecl purauant to any prow • on hereof . J .2 Delay tac ra-at.1 llotvitbatandin9 aaid c~-t dat.e, if for uy r .. aon LNaor cannot da11Yar poaaNaion of t:ha •r-1•-to Lea•-oa -id data, Laaeor ahall not be aubject to anr liability therefor, nor •hall euob failure affect tbe validity of t.hi• t.ea•• or the oblit•tiona of Lee•-hereunder or Ntend tN teem :;r::! ·.:::1.1:. •1~0~.:::~:.cs~·~:::,11P;:•tid~,o~~~ ~:.rrf r.=.::~~~fl:.~:!:: d•livered po•••••ion of the Pr-i•-vithln tbht.y (lOI day• fn• eaid COIIIINIIC-.rlt date, lA••-.. y, at. Le••-·• option, by not.lee in writing to Leeaol' vithin ten tio, :~r· 0~~1~:~~~~~· hc:t.cu·n~::1:n:;-:~~· .!~.~ic:.::::!s t:: [!~~~ a~~ 1~.!!·:1:::r!. f~~: Pr-i•-prior-to aaid c0111N11c..-nt date, et.10h occupancy ahall be at.abject to all provieiona hereof and a11eh oooupanay ahall not Hwanc• the teraination date . .fl . nn, Th• rent •hall be I l ,ftt,11 per aonth . Th• rental paid for -oh aubaaquent option y .. r ehall be incr .. eed by thr-(ll percent over the rental paid during the previou• year. Lea•-•hall pay Leaaor upon the execution hereof S~ ::r!•:!r:~ w~fc~llf:Yro1! '1•~'•*-nt~n•"::~hl!,.it':. · • :::tr•':: :O"!t1r::~~d t~:r!::t:~; inatall.aenta. lent ahall by payable in lawful aoney of the United It.at-to Laeaor at th• addra•a atated herein or to •uch other peraona or at auch otber place• •• Leaeor uy daaignate in writing. 5. aacua1n DSPOel'r1 a aeourit1' dapoalt la waived bf lAeeor. S, 1 ....... aball depoait with Leaaor upon execution hereof ...AL.I._. aa aacurity for Le••-·• faithful perfonunca of La••-·• obligation• hereunder. tf Lea•-faila to pay rent or other charge• due hereunder, or otharvi•• default• vith rNpect. to any provialon• of thi• Leaaa, Laeaor MY uae, apply or retain all or any portion of aaid dapoait foe the payment of eny rant or other char9a in default or for the pa,-nt of any other aua to vhich LNaor .. , becoae obligated by r-aon of Lee•-·• default. ~-~~.:• ~r"f°c,tr!9 !~u!~ec:..~:!~P ::l:g::r:::th::::~!~, f ~:':di ~~-:'i~r 1 a 10 :c:U::h ::=~ :; i~~!r::~ ::~rt-;.t. 0 /i~~r=t •r::1 i-:1a ~!.~:0t.: •• '::.·~~r~a:~~':,~'• :!~~:~~ to th• laet aaeign ... , if any, of Lea•-·• inter .. t hereunder) at. tbe Npiratlon of th• tan1 hereof, and after t.eaa .. haa wacatecl the Pr-l•-. llo truat ralationeblp ia cr .. ted between Le•aor and Le••-with r .. pect to aaid Security Depoait. ,. .. .. Cor tb!· ~lt:-:; S:i.:::la .. ~~ ~r 11~ 0 :::"o;:~:!::. only for anr1tioa oCCic11 ,.a c...pu-vtt~ .... Lea-aball, at '-·-·· ··--· caaply pr-tly vit.b all applicable atatut-, ordinancN, l'UlN, revulatione, ordece, c .. trictiona of record, and raquireaenta in effect during the tara or any part of the tera beceof r99ulating tbe ua• by Lee•-of the Pr•i•-· Lea•-ehall not uee nor penait tbe 11•• of the Pr-iaN in anr -nner that vlll tend to cr .. t• waata or a nuia•nc•, if thara •h•ll be aor• than one tenant in th• building containing the Pr•l•••, ahall tend to diaturb aucb other t .. anta. 6.J ColMllt:J.-of Pr_i_a, ll&bject to provialona cont.aiaad in Para9rapb 16.25Cbl. Lea•-acknovlad•-that neither Leeeor nor Leaaor•a ••ant hea Md• any repreaentation or warranty aa to the auitability of the Pr•i•N for th• conduct of lA••-·• buain .. a . 7 . 11&1-UD &LftMll'l-1 1.1 Leeeor'• Oltll9a&i-•1 Sxcapt for d-t• cauaed by any negli9ent or intentional act or oaiaaion of lA••-, Laa•-·• a9enta, a11ploy-a , or invlt .. a in vhi c h avant L••••• •hatl repair th• daM9e . Leaaor, at Leeaor •a ••pen••, ahall keep in good order, cond lt.lon and repair the follllclationa, extel'ior valla and the axteclor l'OOf of th• Pr•i•-· Leaaor ehall not, bovevar , be oltli9ated to paint a...ah eaterior, nor •hall Leeaor be required to .. intain the interior aurfaca of extarioc wall•, window•, door a or plat.a gl•••. Leaeor ehall have no obli9ati on to .. ar.a irepaica undec thi• Pacagraph 7. 1 until a rNeonabla tiae after receipt of written not.lea ot the need for euch repaira . Jn addition Leeaor vill iu11ra that NVAC •r•t-·a, .. jor electrical ayat-and pluabinq 11niu ar• aperabla at ti-'-•-occ11pi .. the pr-i•-· '-•- •h•U provide ached11led uintananae far NYAC 11nita. 1-aor aball be r .. ponaible for any -jor repair• ar nacHHtJ raplaa-t af ••id IIVAC •rat-. ...... " .. •. • • • 0 f • • • 0 - 1.a Le•-·• 011U9au-, (a) Lea•-, at i...-·• ...,_.., ellall keep iD 9(JOCI order, OODditioa Uld rapair tb• Pr-.i•-· 1DaladJ.a9, vU:bout Ua.i.t.lag tb• .-,.ralltJ of tb• forerto1Dt, iDt•rior pluabl.a9, electrical Uld l.19btiD9 fi.atur-and equipaaat vitblD t.11• tr-.iaN, 1.Dtarior valla Uld i.Dt.erior aurfao• of asterior wall•, ceiliap, vindalla, doora, aDd plat• glH• located vitb.lA tb• proai ... and d-lu ad1ac•t to tb• proai-. (bl If Laa-fail• to parfona ..._ •• obliptioaa lllldM' t.11.J.a Para9rapb 7.l, Leeaor .. , at Leeeor•a opt.ion -tar upaa tbe Pr-.t-after 10 clar• prior vritt.- Dotica to Leaaee, a.ad put: t.ba •-iD good order, ooadil:ioD aDd repair aad tbe oo.t. tbareof t099tber witb l.ot•r-c tbareoa at t:be rat.a of 10, per ---allall be d11a aDCI payable, if DOt. ao paid, •• adclitioaal rea.t to Laaaor togetllar wit.b Leaa-·• aaat. reatal i.Aat.allaeat. Le••-aba 11 1:Jrr.c:s.;b:b!·::~:.:'to t:.!:-1:~rh-:~:..:r c:~r:lo::'a~ea~~~!~ cl-n, ordioary W-r ADd t-r a&cepted, IAaaN aball repair &DJ d-r· to t.ba •r-.J..aN occaaioned by the reaoval of it• trade fi.xt.uree, fu.rniebinga and equ paent pireuant to ••r•9rapb 7 .l(d), which repair aball include tb• patching and filling of hol-and r.palr of etructural d ... , •• l. J Uteretio-aad additio••• (a) Lee•-aball not, vitbout Leeeor•• prior written conaent, uk• any alteration•, .iaprov-.nta, addition•, or Utility lnatellatlona in, or about tbe Pr-ia .. , eacept for nonatructural alteration• not eaceedin9 S2,500 in coat. A.a ueed in thi• Para9rapb 7.3, th• tena •utility Inatallatlon• ehall ... n bu• ductin9, power panel•, wiring, floreacent fiaturee, apace hNtera, conduit•, air conditionJn9 and pluabln9. Should Le••-aake any alteration•, 1.aprovaaenta, addition• or Utility Jnetallationa without tha prior approval of Leeaor, Leaaor .. , req11ir• that Leea .. raaove any or all of auch and rNtora pr-iaN to their prior condition. Cb) Any alteration•, laprov-nta, addition• or Utility Jnatallationa in, or about the Pr-ia .. that LN•-ehall d .. ir• to aaka and which requir-the conaent of th• Laeaor ahall be pr-anted to Laaaor in written fona, with propoaed detailed plane. If Leaaor ahall 9iv• ita cona.,.t tha conaant ahall be d.....S conditioned upon Le••-acquirin9 a penait to do ao froa appropriate 9overnaental •t•ci .. , th• furniahin9 of a copy th•reof to Leeaor prior to tha co-.ncaaent of the work and the coaplianca by Laa•-of all condition• of aaid panait in a proapt and aapaditioua aattar . cc) IA••-ahall pay, when due, all clailu for labor or aat.ariale furniahad to or for La••-at or for uaa in tha Pr-ia-, which claiaa ara or aay ba aecurad by any aachanic•a or aatarialJlen•e llaa a9alnat th• Pr-i••• or any intereat tharain. La••-ahall 9iva Leaaor not l••• than ten ( 10) daya notice prior to th• coaaanc-•nt of any work in tha Pr-iaae, and Leaaor ahall have th• right to poat d ... nd, th.,. Le•••• ahall, at lta aola axpena•, dafand itaelf and Leaaor againat the •a•• and ahall pay and aatiafy any auch advarae judg-•nt that aay ba th• condition that if Leaaor ahall raquira. .... ... ehall furniah to lAeaor a euraty bond aatiefactory to Leaaor in an aaount equal to auch cont-tad 11 ... claia or d ... nd indeanifyin9 Leaaor e9ainat liability for the •-and holdin9 tha Pr-i••• fr•• fro11 ~::.::f:C!t:!r:.; 0 .h, 1,1::. 0 .i;_dc~~~-in 1':,.:~~~1::~.n~!:0 ~u=' -~tl~~r~f ~=r t::h:~r declda it ia to ita beat int•r-t to do ao. Cdl UnlNa Laeaor raqulr .. tbeir raao•al, ae eat fortb in ••ra9raph 7.lc•I, all altarationa, illprovaaenta, aclclitiona and Utility lnatallationa tvhat:her or not auch Utility lnatallationa conat.ituta trade f laturN of Leaa .. ), which .. , be .. da :~t~h~::-:/.:.-:-~.:h:: 1 t::C::1t:.~r::5::t:h:f t'::.-:'r :::v~:::n:rn: ~~~ t;r:~~~:::r:: thia Paragraph 1.) Cd), Laa•-·• .. chinery and aquipaant. other tban that which ie affixed to the pr-i•-ao that it cannot be raaovad without aatarial d ... 9• to tha Pr-i•••, ahall r ... in tha property of Lee•-and .. Y be r111110vad by Lee•-and uy be removed by Leea .. allbject to tha proviaiona of Para9raph l.2tc1 . I. IUUUIICS1 1-l'H fore• :~~in~·~~1 t~~~rt8..T:' .... ':·:-,:~:!~· o~t c!:~~~· .-..-.r;::-.:.:ttt~i:a:rty k~r ... !; ~:: ~rr°p:::Y o~S:::i~~·u:.-.~•o!::;:!:: 1:9•.::i::!!-:::-:i89th1;•:r::J.~~-~~~it:1:r!:!:: appurtenant tharato. Such inauranca ahall ba a cOllbined ainql• lialt policy in an amount not l••• than Sl.000,000,00, Tba policy ahall contain croaa liability andora-nt• and ahall inaur• perfonunca by Le••-of th• indeanlty proviaiona of thi• Paragraph I . Th• Uaite of aald lnauranca ahall not, howavar, Uait tha liability of L•••-h•r•und•r . In tha avant that tha Pr-i••• conatituta a part of a l•rCJ•r property, aaid ineuranca ahall have a Leaaor•a Protective Liability andora-.nt attached th•rato. If Le••-ahall fail to procur• and .. int.ain ••id inauranc•, Laaaor •av, but. ahell not ba required to, procure and .. tntain tha •• .. , but at t.ha axpenaa ~~-~:~-: ... ::::~-:~~ ~-== =.z::-.:.!:~.::. ·:: :::·::::!:,:•'·~::.:: 1ha U, &11:•••a•• aai.• i.aa11•a11aa •• a•• 1 • •• •a,11i.•N a, I.a•••• Prev-MIM, Ila • • •, lllal. i11 11:a • aRI. at.all •••• ........ al Iha ,U,a9i.lia, t.11e11••11•• i.11:a•a••• •• M•• •II•• li.11, p••••11• t• .. ••• 1ha .... ..._.....,.._.. ...... 1 ...................... M.Hl~U~ ..... 1 I.II.a aa .. al •hi.• l.aa•• Ila • ••, Illa &..,111•• al lo••••• •• ••t111i.....__..,_...,~~ •• •••1• ahaU, ••• a:a ll••••il I.a reli.a a l.aa1a• I••• a~1ati.aa1 111allar I.Iii.a La1aa 1.2 Propertr 1aaura1NN1 (a) Leaaor ahall obtain and keep in force durin9 the te111 of tbia Lea•• a policy or poliai•• of ineuranca covarin9 loaa or d ... ga to the aulldint and •r-1a .. , but not LeaaN' a fiaturu, equipaent or tenant lllprovaaanta in the aaount of th• full raplaceaent value thereof, providing protection agalnat ell peril• inchadin9 within the claaaification of fire, eatended covara9e, vandali-, .. licioua aiachiaf, apecial aatended pariode (all riak, but not plate glaaa inaurance . Jn addition, t.ba LNeor ehall obtain and k-p in force, during u,e tara of thi• I.Nae, a policy of rental incoaa in•uranca covarin9 • period or aia aonth•, with loH payable to LeHoc vllich 2 • " - • • • • 0 - • • 0 - i.Daurano• eball alao oo••r all r-1 Mtate taaN and i.Dauraaa• aoeta for aald period. ID tb• .... t tb• Pr-1•-cootaina aprillklara, t.bea tbe i.Dau.raaoe OOYera .. aball l.Dolud• apriDJtler 1-k•9• t.uurance. Cb) LN•-aball pay to LNaar. duriD9 tb• t•ra baz'eof, iD adcUt.ioD to tba reat, tba ..aunt of pr-.l1aa for t.ba 1.Dauranca raqui.rad IIDder t.bla ••ra9rapb I. 2 &Del aucb a.a ab.all be part of tba Ntiaated Taa loauraace tlDCI CUI obar.-wtaiob are Nt.iaated ,_rly a.ad cbarpd oD a 1/12 a:,at.b baaia. Tb• -tiaata of aucb obas--for th• tint J•ar of tllia '-•• 1• $l .t5 per aquar• foot of 1--ar-. a. J l_r_... llallal-• IDa&&raace required bas-auDdar aball be 1a caapaa.i- boldiD9 a ·GeDeral Pollc:yboldara htUICJ• of • plua oc betteE" •• .. t fortb 1D tba aoat ourea.t iaaue of .... t J:uuraaca auicle•. LN-aball dali•ar to LNaor oopiN of polici-of liability 1.Deuranca required under tba Para9rapb 1.1 or cartificataa Midencin9 the eaiateaca and aaoW11t.a of aucb iaauraaca with loaa payable olaua- aatiafactory to Leaeor. Ila eucb policy eball be oaocelabl• or ellbject. to reduct.ion of oovera9e or ot.ber aocltfication .. cept aft•r t.en C 10) d•y• prior vrit:ten natice of Leeeor . Lee• .. ebell, wit.bin tea (10) day• prior t:o t.h• ••piration date of euch rn!!:!::~ ~~1 ::.:::·~~-v~~:tr~b-:r·.!,·f 0:0 ·;!::~~-v\h1-:b 90 ~t i.:::~~ ~ :::::.:u:: Lelle .. upon d-ad, Lee•-ahall not do, or perait to be done, enytbin9 which •hall invalidate tbe ineurance polici-referred to in Para9raph I. 2. 1.• Wai.,.r of ........ ~ioa1 Lea•-and Lea•or -ch hereby waiv-any and all right• of recovery avainat:: the other, or a9ainet th• offloera, e11ploy-•, a9ente and repr-entatl•-of the other, for loaa of or d-9• to auch vaivin9 pact.y or it.a r~:::~ya::1ntahte ~:~!!: r:.u0 rC..hn~r: ;~~:; ::·ro°i-'::net~~ 1 th:h:::. ~~ 0 :u!:·~o:: o~-:-.:.!~ Le••-and Leaaor aball, upon obtaining the policiea of inauranca raquired heraundar, giva notice to the ineuranca carrier or cacriara that tha foregoing autual vaivar of aubrogat.ion ia contained in thi• L••••. I.I I t 1•1'• "••••• ••• "••••• allaJ.1 .1.11,-.i.a, ... llaJ.• lla .. J.aaa •••II •••• .,.......&11•• a111 a11• all •J.•'-••l•i.111 •••• "•••••'• 111:aa al Sha ••-i9ae, •• •••• ""• :::::::. ·:,'"::::::a ... :--:!11 :::11:· ,::·: .. ::t:!~l;. w:::. ·: .. :11!:::1 ":::~ .. ::~::::.:; •Rli llaJ.fi h..wlaaa "••••I' I••• aRII •1ai.11a, • .,.........-e-1-1 alai.lla a1"iai.a9 •••• a11, ll5•aaR •• ••••w.11: •• ..... ............ •• • .. , ... U ,1••"=•11 ........... «a ....... II• ......... llftllletf Iha ,..... al ,hia l.eaaa ae ••ia:ifllt I••• aa, ••tli9a11 aa al ,ti a "•••••, •• aft~ el J.aaaaa«a ••••••, •••••••••••, •• ..,1•,•••• ••II I•·•• a11fi ••••••• alJ. aaac.a 1 as.•••••,•• I•••, •••••••• •11• J.4.allii.Li~.._. i.11. ,11a •••••• .... &.-a~........_ .............. ..,.........i-ea •• p•eeeelliR,.........h4'--4h ...... , J.•••••· .. ........,......e ..... 1. •••• ..,.........11 llaleMI .... e ... al l.aaaea• a anpa11aa 11, aa111•aal •••••••IIJ.J aasiala•,••, •• l••••• "•••••, •• a 11a1.a•!al •••" •• ,a.a ••••&.••••C..ia11 la L•••••, 11•••11, ••• ••• all_.,..11 •• II••••• 1.e •••11••1., •• .i.11:jt.1.•Y I.a ••••••• i.11 111,•• •• Mlla111:1. I.Ila ••-i.••• ••4•i•I •••• aa, aa111:aa, ••• '1:••••• h•••, 111ai. •• all ala.iaa 6.11. ••••••• Ill••••• ••••••• '-••••• 1.6 •• ... tion of Laaaor frca Liability, Lee•-hereby agr-• t.hat Leaaor ahall not. be liabl• for injury t.o Lee•-·• buatn .. a or any loaa of incaaa t.h•rafrca or for d ... 9e to the 9ooda, varea, -rchandiaa or ot.her property of IA••-, LNa .. ·a employ-•, invit-•, cuatoaara or any other peraon in or about. t.he Pr-iaaa, nor ehall Laeaor be liable for injury to t.b• paraon of L•••-, Le••-·• eaplor-. a9enta or cont.raotora, wh•ther auch daaa9• or injury ia cauaed by or r••ult.a fl"OII fire, at.e .. , alectcicit.y, 9aa, wet.al" OI" rain, or fl"oa the breakage, leakage obetruct.ion or other defect• of pipaa, aprinklel"a, wicaa, appliancaa , pluabin9, air conditioning or lighting fiat.urea, or frca any ot.har cauaa, whether tha ••id da1M9e or injury l"NUlt.e froa condition• ariaing upon th• Pc-iae• or upon other portion• of tha building of which tha Pr-l•-are • part or froa ot.her aourc-or placaa and regardl••• of vhather tha cauaa of auch d ... ga or injury or th• ... n• of repairing t.ha .... i• inaccaeaibl• t.o Le••-· Leaaor ahall not be liable for any da1M9a• •riaing froa any act or neglect of any other tenant , if any, of the buildin9 in which tha Pr .. i••• ara locat.ad . ,. -• ot1 DaffllUCT1oa, I t.1 Partial D-.. -Jaaured1 Subject to tha provi•iona of Para9raph 9 .3 and 9.4, if the Pr-ieaa are d ... gad and au.ch daaa9a waa caueed by • caeualty requ.irad to ba covered under an inauranca policy to be Mint.ainad pur•uant to Paragraph I. 2, Leaaor ahall, at Leaaor ' • expanaa, rapair eueh daaa9a •• aoon aa raaaonably poaaibl• and thia Le••• ahall cont.inue in full fol"c a and affect but Leaaor ahall not repail" or ceplace Laaaaa•a fiat.urea, equipment. or t.anant iaprov-nta. t .2 Partial D-age-Unln•urad1 Subject to the pl"oviaiona of Paragraph• 9 .3 and 9 .4. if at any ti.lie dul"ing tha term hel"aof the Pr-i••• ara daaagad. except. by a negligent. or willful act ot La••-{in which avent Leaa .. ahall -k• tha repair• at it• ••panea) and auoh d ... 9• waa cauaed by a oaaualty not covered under an inauranca policy required to ba aaintainad by Leaaor purauant to Para9raph I . 2, Laaaor ••Y, at Leaaoc • • opt.ion aithar ti I repair auch daaa9e •• aoon a• rNaonably poaaibla at Leeeol" • • axpenaa, in which avant. thia lea•• ahall continua in.full force and affect , or Iii) given written notice to Leaaea wit.bin thirty ( lO) daye after the data of tha oocucrenca of auch duaaga of Laaaor '• intention t.o c•ncal and t.arainate thia La••• aa of the data of tha occurranca of aueh daruga . In the avant Laaaor elect• to give auch notice of Laeaor• • intent.i on to cancel and tanlinata thi• Le•••, Laaa .. ahall have th• right within t.an ( 10) d•y• aftal" tha l"aceipt of auch notice to giva writ tan notice to Laeaor of L•••-· • int ant on to repair auch d ... 9• at IA••-·• axpanae, without raillburaeaent froa L•••or , in wh i ch event thia Lea•• ehall continua in full force and affect, and Leaaaa ahall proceed to .. k• auch repair• aa aoon ae r-•onably poaaible . Jf I.Na .. doaa not 9iva auch notice within auch 10-day period, thi• Lea•• ahall be cancalad and tandnatad aa o f tha dat.e of t.h• occurranca of auch d ... ge. t.l Total O.etnaotioa1 If at any tiae dur i ng tha tam hereof the Pr-ieN are totally deetroyed froa any ceuaa whether or not covel"ed by t.he inaurance required to .. ___ ..... 0 \ • • • 0 ..... J- • • 0 • be -iDtaiDed bJ 1--r pura1M1Dt to par•vr•pb 1.2 tiaallldiav -r total daetruoUoo required bf aor autboriaed public aatboritJI tlli• LNH aball eu-Uaallr ten.J.oata •• of tb• dat• of •ucb total dNtractlae. 1. I ._ --of r._, u u.. --ar• pertiallr -trared or -•ad du.ria9 tb• lut el.a a>Dtba of t.b• taza of tlli• Laaae, r..aor or Laa•-_, at Leeeor'a or Lee•-' a option, aaDaal Uld tuaiaat.a thia Lelle• u of tb• elate of oaau.rraaae of a11Cb -•• bJ 9iwiD9 vritt-aotic• to t ... otur partJ of eleatioo to do ao vitbiD JO daya after tbe data of occu.rrenc• of a11eb dlula9a. 1.1 -.e.-~ ol -t.• Lee•-·• a-Si•• C•t If tba Pr..ta .. are partially deetroyed or daaa9ad, aod i.eeeor aDCI i..aa .. repair• or r-tor-tb-SNC•llaDt co tff prcwlaiooa of tbia ••ra9rapb I. tba rent payable barMIDdar for t.ba period durUICJ vtaicb aucb d-9•, repair or r-torat.ion continUN aball be abet.ad iD proportioa to tba CN4z--to vlliob i...a .. ' • uaa of tba Prllllli•-la illpalred . boept. for abat-t or re11t, if any, Lea•-aball baYa no olaia a9alD9t Leeeor for any d-9• aul'fKed by rNeoD of any aucrb d-9•, d-truatlon, repair or r .. toration. Cbl If Leaeor aball be obli9ated to repair or r-tore the •r-.t ... under !~hT~~~·t; ~frtC.h/•._::•::~r:.:io:" .~~l .:S~::-=.!.•':.br .r-::1~!.!~t:::I!:~ oanoel and tera.lnate thi• Lea•• br 9i•in9 Lee.or writ tea notice of Lee•-·• election to do ao at any tiae prior to the coaaancaaent of auch repair or r-toration. tn •uch .rent, thia Lee-eball tecainate aa of the date of •uob notice. 1., tteira1-~,--advance ••JINht•• Upon tenaination of tbia Lea•• pu.rauant. to tbia ••r•9rapb t, an equitable •djuataent aball be .. de concemin9 adw•nc• r•t and any adwance pa,-nta .. d• by LeeaN to Leaeor, Leaeor ahall. in addition, return to t.ea•- ao auch of Lea•-·• eecuritr depoalt •• baa not theretofore been applied by Leaaor. I . l &.eeeee .U.1.1 Ila .. U.. r&p~ to terainate thia 1 .... a9r ...... t if aar daaa9N ~:;: ;!: :::.~T.!!~;1:17.::.::1:,f:;.::r:!:!t::-:::n•~::,~r apaa~ or lNa) or to 10. rw a,,_, 18 I ••,.••• el • s; ••r •••••• •••••• 111.a&.l ••1 a&.&. 1••1•••1 ••••• ..,1.,aN&.a •• ...... ••-'••• ... alla•1• •••••• AIM •-II •-aMll Ila pa•• al ,Ila aa,Mla,all Waa llaa11:saaaa ••• CM •11••1• aa a 1 <13 aaalllly "••i• 911a aeliaa.\.a •• e11all •11••1•• &al' .... ••••• , ••• •• , .. ,. l•••• •• 1a ti ••• ., ...... •••• •• l••••• •••• ..... ~:l~ ·== -:.::: :=.:-::.::=~~·=:.:::.~:.::~~:·r::: •••a&.,,, •• ••• (alll•• S.llaa ••ll••il•••• •• aa,a, ......... •-t ., M• ••• IIJ a111 a11,ll••••1 11••••1 , ..... , ••• , •• i.Ml•••• r• •• •• •a•, .i••:l.11llia1 a"J ai.11, ••11••1, ••a•• •• ........ 1 1• ••w.111, •• aaJ aallaal-r--e9KelH;W~i9ll,t.a1, ••aiaa1• •• al.II.a• ~•• ••••• •••••••• , .. •••••• •• a,a, .. , aa1 :1.a1a&. •• a,w•••"l• l••••••• •• •••••• Ml ................ ~-:·:: ::·r.:::: ~ ~-;::11: ·==~ ............... ,.,_ ••••••.•• ,, .. , ,a ·-... • •• ..... .................. , •••••• :::· ::: :::.:;-:!::: .. :: ::::.~::::.!:::~::·:::t·;;.:::~:!:. ·:. ·:;1:u.::.:1 :::: .... aal ••a ••• , .............. ,, , •• , .............. •a••······ ••••• a. •••1a••, 10 I J•l•• I••••-•••• II •Ila 1•wi••• a•• ••• ... ,.a11lJ a•• s •• t sa•u • a :!::'!!:' ,:::!!.::.:: :::~:::~· .. t::t:·:~:.:: :::.::-!.:::::::' .:::·:.:::.:~!. ·:. ·:: llalaR1i11:•• 11, •••••• ••-aM •••••••• a al11a1,au aee.i.1••• Ml I.Ila ••••••••'• war .. all.•••• •• allla• iala-S&ea aa -I Ill •a1aaaalllJ I ailUla I aa1a••• •s11aaa•la •••••••••••• 11•••••, 1• .... lai,11, allaJ.1 Ila ••-&.Mi • 10 I ••••••••••••••• , •••••• tat •••••• allall. 1•1, r•••• •• lla&.i••••••t, all. ••••• •••••••• a1aiu1 aall la ••• 11:p•• ••all• Ii••••••• 111••1•111•1•, ••11:• ... ••• aM al&. ••II•• 1a•••••J. 1••1•••1 al '1••••• ••••al••• '" 111.a Prllllliaaa •• •••••••• ...,. ••••illle, ••••a• all.all ••••• ••.ill ••••• lla,11•••, l11raielli•1•, ... ,,..., aatl a&.&. ••II•• ••••••a& 1••1a••1 •• Ila •••n•N a•• 11,11 •• ••1aralalJ ......... ••a&. ••••••• , •• , .... .. Clla II aay •I L••••••• aa1 .. P••••••.l. r••P•••J allal.l. lie aa d ,,hll t.a••••' • •NJ. •••••••,, •••••• alle&.l P•l •••••• Ille ••••• ••••ilawlalll.a •• •••••• wl.1,IIMI ~:.:::~.a::::.:::···· •• a 111••••-aaa, .... , •••• ,., ........... ,a .... ,,1,.a111 ••• 11 . WILl'l'IU Lea•-ahall pay directly the ooat of 1••, electric , power, talepbon• traall and other utility ••rvic•• uaed br Lee•-, t~ther vith any ta• .. thereon . Leaeor allall pay directly th• coat of a..,.r and water ••nica 111ppl1ad to pr-ieN and include auch charg•• in the CAN cher9N aaaNaed to Lea•-, U , &aal-HD aua~JN1 13.l Leeaor'• CoaNa~ .... lrN1 Lea-ehell not wohantarilr or br operation of law •••ltn, tran•f•r, aartta1a, allblet, or othen..la• tr•••f•r or -uamer all or ••r part of Le••-·• int•r-t in thia LN•• or 1n the Pr-1-. viU1out a.aeor '• wrltt• conaant, which Leeeor aball not unr .. eonably whbllol4 . any att ... tM •••i t, tranafer, aort9a9e, ancllabrance or allblettin9 without auch oonee11t allall lie wo~nd aha l l oonat i tut a a br .. ch of thia Lea••. ' • ,,. . • I .. • • • 0 , )- • • ,,, -• • ·~ • 12.2 llo .. 1.-of ... _, aagardl-• of LaaaoE"'• CODal-t, DO aablet.t.UUJ or aaalfDaell,t aball r•l-•• Lea•-of Leaaor•a obU9atiOD or altar tM priaary liuilit.y, of Lee•-to pay th• ra::at aDd to perfoca all other obUgat.lo-to N performed by i.e-ber...Ser UDl-•. writt-apprcwal by' Leaaor ia reoei.-... flae eooeptaao• of reat by lNac»r frca aay other peraoa aball nat be d--4 to be a val•ar bT i..a.or of aay proTialoo hereof. CoD8eDt to oa• •-1.--t or aublettiDg aball DOt be d.-d oooaeot to aay allbaeqaaDt uaiCJml!Mlt or aublatti.119. ID tlut ...at of clafault llf aar •-1,--of Lea•-or ADJ aucoeaeor of La9aee iD tbe parforaaoaa of ADJ of tbe teraa bereof, r-aor -, p......-cU.ractlf apiaac i.e-vitbouc tbe -1c, of -•tiD9 r_.1 .. apiaat Mid -1..-. ..._.r _, ooeaeat. to _.........,t •••1...-.ta or :fi!!!~~ :f~~: :::1;,f:., =:-!~ :!,-:!!!::!!0 :: =-~.• :.:::it~: ::!c:: it.a or their CODa-t tbereto aDd 9IICb eatloa. Nall not raliM'a Lee-of liability UDder tbia Lea••. u. -·-1•, 11 .1 Def•lb• Tb.• oocorreace of aar ooe or aora of tb• followla9 ..,eat.a aball oonatitut.• • C~t•;~:1.::::~!: =-.::T"-:!t ~~· c.::-::!J.~:;-:....-. requirad to c:.) .. ir:: t;i~!!?' ===.-:: ::l =~!.~r ~-=:.0 ~:C':.Y ;:r:i:r:-::S:~ continue for • period ot' t.br-deye aft9r writ.ten notice thereof froa Leeeor to t.eaa ... ( c) Tb• fai l11re by Lea•-to obeer,,e or perfona any ot' t.be oow ... nta, condition• or proviaione of t.bia Lea-to be obeer,,tld or perforaed by Lea•-· other than d-cribed in para9raph Cb) abowe, where auch failure ahall continue for a period of JO daya aft•r written notice hereof froa Leeaor to Lea•-• prowided, bowewer, that if th• nature of Lee•-·• det'ault ia aucb that acre than JO day• after welt.ten notice hereof froa Leeaor to LM•-• provided, bowew•r, t.hat lf t.h• nature of Lee•-·• default !:t •:h d~ ~~-~h:: ~:,::I: T~· i!.-:::n-~-::1!~b r:!r!t:i~:r:· .!~:' 1~:;-,::t!! and ther .. ttar dill9ently proaecutN auch cure to caapletlon. (d) Ci) The .. klnt by...__ ot' any 9eneiral arran9 ..... t. tor tha benefit. :~1::;;1::r~n~:!~t. t!: !1 :,!~?1:f:n ~~raf.!,~~!nt:::T:n °!r aa~~~=tt':m..":~· .!';9~:: relatln9 to bankruptcy 1un1 .... in the ca•• of a pee.it.ion filed •t•lnet. Lea•-, the .... la di-iaaed within 10 deya)1 Ciii) C.b• appolnt .... c. of • t.na•t-or receiver to take poaaNaion of aubetantially all of Laa•-· a ••-ta looat.ed at the •r..t.aN or of LeaaN' a lntarNt in thi• LNe•, wh•ir• poa••••ion ia not rNtored to t.eaa .. within JO d•Y•J or (iv) the attaolaent, -ec,utioa or other judicial ••laur• of aubatant.ially all of LNaN' • a•••t• located at the •r..taN or of I.NaN '• intecNt in thia Leaae, wb•r• a\lO:h ••laura ia not dlecbar9ed wit.bin JO daya . C•l Tb• dleoowery by Leeeor tbat any financial atat...nt 91•-to LNaoc bf LeeaN, any aaal,.... of Leee .. , ••r allb-t .... t of Lee•-, aay auoceeaor i.a interNt of Lee-or any parutor of a...-·• Nli9atlon bereunder, and ur of tb•, wea MCedellf hlae . II .I ..... ,_, ID tbe ..,_t. of ear auc:11 -terlal default or Keeall e., i.ea.., Leaeor _, at. HJ ti.aa t.McNft.er, witb or without. aot.loe of ...._., ... vitbout liaiti.Dt r-eo, in tlle _....,i_ of ••r dpt or •-r vllicll i-aor MJ Ila•• 1tf r .. _ of aucll det'aYlt. or k .. 0111 --. i n .,.1!~ c~•~a.:.-:-~~1"~!"~1~:c.S:::-=.:f ~. •=.-:1::ry-.!r!:!:! poeeeealon o f t..he •r_..._ to Leeeor . In auch ..,.,. Leeeor Mell N -t:itled to r..,,.,.... feo11 ....... all ...... lnaurred by Leaeor by ireeaoa of a....-•e .. faYlt. inc hadla4 . but aot liaJ.t.ed to, t.be ooac. of racover"'9 poe-•loa or tM •r .. 1 ... , ........ of relet.t: ..... laoludilMJ neoNaary renovatloe aDd eltecati-of tN •r..t-. c .. ....atl• at.tor11eT9 ' r-UMI any rMl Mt.ate 0D1111ieaion eat.1Nlly peld1 t.lle woctb at tlle tl.ae or -.-. l>y tlle -re be,rin9 judediation tber-f of tlle -c 1tf vllicll tbe wapeid r•C. tor t.M Mleao• of the tem after the tiae of auab ..... r.e _....... tM -llllt or euell r•tal loee for t.N •-period Chat ....... prow-could be r~lr awolded1 tMt porti-of tN 1 .. aln9 caaaiaalon paid by Leaeor pu.r•-t. co hl'••r•pll lS appll.cable to t.be -.pired teira of t.bl• Lee••· (b l .. iateiD a--·• d9bt to po•-•1oa in vllich -tl•i• 1-N .... u coatlt11ae la effect --.a.er oc not LN-aMll bawe abe d d t.M •r-.t.w . Ja allCII .... t LNeor .... ll be -tit.led to eororca all of LNeor•a ritllt. ... r_.1• ..._. tbia Leeae , l nc llldia9 t.ae rlFt to reoower tb• rent aa it becaaee ct--. ..... ...sac . f c, PIK•ue -y othec r....Sy no11 or herMfter awallable t.o Leeeoir ~ the lave or jlldlciel clecie1-of tbe ICete of COloredo, 11 .J .. ,-it: ~, ... _r• Laeeor ahell not be in default \llll-a &.eeeor fail• t.o pert'ora obli9et i ooa recrulred or Leaeor wit.Illa a r .. eoaable tlae, or euclt. aborter peciod of tiae ae la r-eonaltl• in tbe M•t of u ..ar..-.:y, Mlt i• DO ..,..t later tND thirty (JOt daye after wc1tt• aotioe by ....._ to Leeaor aDd to the Mlder of aay fira c. aort 9a9• or deed of truat ooverln9 the Pir--1 ... wlloa• naae and addr-• eball bav• theretofor e been t'urnialt.ed to a....-in wr i t.int . apac:Uy i nt vllerein Leaeor h•• failed to parfol'll a11eh obli9ationa1 pcowided • .....,er , that. i f t.be -t.ure or LNaor •• obl l 9ation la euc h that aoir• t.lae• t111lrty (JO) day• al'e r .. u i red for pel'roraance, then Laaaor ahal l not. be i n default if LNeor coaaenc .. perrorwenc• wi thin auch 30-dar period and thar .. fter dil l 9entlr proaacut• t.be a ... to coaplation . U ,t a.ta cu.,.., r-•-berebr eok-1•1-tbet let• pe-t l>J r-•-to LNeol' of rent and otUr auae ... Nr...._r wU l ca11ae .._eor to laotar ooeta not oont-letM bf tlli• 1-H, cbe ueot -tor lfflloll vUl lie utr-lJ diU1oult to ::::~:·:~ l~~:• c:.°:::. ~ila~IIY ::t .:;:.:'"o.1::!!o-: .:,o·u!r:::':J :.-: =.::~1:: u ... t -c overi119 tbe Pr-1a ... -niD91J, U ••r 1 .. c•ll-t of r•c or ur otber eua due froa LN-aUll not M reaeiwlld ltf I.Neol' or Leeeor •a ... 1 .... 1tit1t,ia teo ( IOI def• .Cter euob -t .... 11 lie -. i.e-.... 11 pef co i-eor a lace ollar .. ' .. ,., • • • 0 , - • • • • 0 - If tba •r-.t.•-or _.,. portioa tllareof ar• taltea IIDdar Ula power of aaia-t. dclaaJ.D, or aold UDder tb• tbr-t. of c.b• aaarai-of Mid pawer (all of wlliab •r• lterelD called ·~t.ioa.•), tb.ia Lea•• aNll t.aEaiaate •• b t.N part ea takaa •• of tba data tbe 00Ddaan.i.D9 eutbority talt-tltl-or poa-•ioa. wblc....,er fls-at ooou.ra. If aara tbaa 101 of tb• floor ar-of tba iaproW'_..ta oa. tbe pr-1•-, or aora tbaa. 251 of tb• land ar-of t.ba Pr-.i.a .. vb.icb la aot occupied by any iaprnv_..ta, la takao by cond111111ati0D, Lea•--,. ac Lea•-·• option, to ba -•roiaed 1D vritla.11 oaly wit.bin ten ( 10) daya aft.er t.eaaor aball b••• 9iwen Le••-vrittea not.lea of auab takia.9 Cor in tba abaanoa of auch notice, vitbia ten ( 10) daya attar t.ba cond..,1Dg authority aball have takao po••-•ion) tarai.Data tbia i...aa •• of t.ha data th• oond111111in9 authority tak• auch poa ... alon. If LN•-doee not tarai.Data tbia Lea•• in accordanc:a with t.ha fore,goia.9, t.bia Lea-at.all r-1• in full force and effect •• to the portion of the Pr-.i•N r ... inin9, -capt chat tbe r .. t ahall be reduced in tbe proportion that tb• floor arN taken bNra to tbe total floor •r-of tbe buildin11 aituated on th• Pr-1•-· Any r .... ard for tb• taking of all or any part of th• Pr-1••• under tba power of aaineat dOluin or any payaent -• under tbr-t of the •••rci•• of auah r::•r eball :-1a:::tr!:~!tt.~!. i.:~~~ ':':,1:~~ ·,:-rrdt::-:.1k::g -::·t:: ;:;::·~. 0 :.!:!.!~: d ... 11-, pro•lded, howeYar, that Lea•-aball be entitled to any avard for loaa of, or d ... 9• to, Lea•-·• trade fiatt.ar•• and r-,vabl• peraonal property. In the event that thla Leaae la not taralnatad by rNaon of auah condeanatlon, Leeaor ahall, to the ::-1~ ::, ·=::~~ ::-:::.r:1:~.!1 ~~«::~ !:n:=~~!:".:!:t ·::bth 0 :'!~=~t~~:t Lee•-baa been reillburaed therefor by th• cond..nln9 authority . Laaa .. ahall pay a.,unt tn ••c-• of auch aavaranca d ... ,_ required to coaplata e110h ·repair. 11 ·-···· .... 1', -P-HI-• 11.1 .. ~1 eeruu ... ue, Ca) LaeaN ahall, at aoy ti.ae, upon not lNa tban ten C 10) day• prior vrle.ten nae.toe froa Leeaor, -acute, acknowled9• and deliver to Leaaor a ae.at-t in writing Ci) cartifyin9 that thia 1-•• i• unaodified and in full force and affect (or, !! ~!!!r:1.:~ai!"fn t::~1 ~!:!: :!.t•:~~1!!:a~!:" d:~: ::r~!!~":h!~!,.~h!:CS '::~:~ char9-are paid in advance, if any, and (ii) acknovladtlnt that t.ber• are not, to LN•-· • knovladt1•, any uncured default• on the part of Leaecn beceund•r, or apeclfyin9 a'"'h default.a if any •r• clailMd. Any a1acb atat-t -y N ooool1&8iwaly relied upon by any proepectiwa purchaaar oc anc\albrancar of the Pr-te ... (b) LN•-·• failure to dellwer auch atat-.nt within euch t.1-aball ba concluaiva upon Laa•-( i) tbae. Chia Lee•• ia in full focca and affect. vlthout aodification -capt aa -y be repr-er1ted by LNaor, (ii) tbat tbaca are DO WICurad defa1alta ln Leeaor•a perforaance, and (iii) that not aore tban one aoatb'a r-c. baa been paid ta advance or auch failure .. y ba oonaidered by LNaor •• a default by ..... _ under thl• ...... (c) If LNaor d-irN to finance or refinance the Pr-1a .. , or any part thereof, i..aa .. baraby a,r ... to deliver to any lander daalpated ~ LNaor, euch financial ae.at...,.ta of Lea•-aa .. y ba rNaonably required by eucb lander. Such atataaant• ahall lnolucla tha peat e.hr-yeara• financial atateaanta of Lea•-· All auch financial ae.at...,.ta ahall be received by Laaaor in confidence and ahall ba uaad only for the purpoa .. herein eat forth . 11.2 · .,.aaor•a Ll.ill~y, Tb• tera •t.eaaor• •• uaad barain aball ... n only tba owner or ownara at th• tiaa ln qu-tion of the f-title or a Lee•-·• int•r-t ln a ground lNaa of tha Pr-1•-· and Ncept aa axpr .. aly provided in Para11rapb 15, ln the avant of any tranafar of auch tit.la or lnter .. t, Laaaor haraln naaad Canel in caaa of any aubaaquant tranafara the than 9rantor) •hall ba relieved lroa and after the data of auch tranaf•r of all liability • rNpecta Laaaor•a obll9ationa tbaraaftar to ba perfonaad, provided that any funda in the banda of Laaaor, or the than 11rantor, at the ti-of auch tranafar, in vhich 1.eaa .. baa an lntar .. t, ahal 1 be delivered to the 9rant-. Th• obll9ationa contained in thia Lea•• to be perfonNd by Leeaor aball, aubjact. •• afor-•id, ba bindin9 on LNaor • • auco-aora and aaal11na, only durln9 their raapectabl• parioda of ownarahip . ll. J ..... rMllltr• The invalidity of any proviaion of thia Laaae, •• datanainad by a cot.art of coapet.ant juriacUction, ehall in no var affect tbe validity of any at.bar proviaiona haceof, 11. • lat.araat. oa Paet-•• C*li9at.l-•• bcapt a• ••pr•••lr beraln provided, any aaount dt.aa to Leaaor not paid wben due aball bear intecaat at 121 per a1111ua fraa tba date due . Payaant of auch inter .. t aball not aaou-or aura any default bf LN•- Wldar tbia Leaaa, provided, bovewer, that interNt ebal l not be paJUla OIi late ollar,_ incurred br IAaaN nor on any aaount upon vblcb lat.a cbar ... are paid by Lea-. u.s 'lime of -· Time i• or tbe •-•· 6 ..... "' -. ' .. I • • 0 f I • 0 •• • 1'.6 c.,.u-, Article -~ captJ.oaa are aot a put bar-f. 11.1 IWS'JIGC•U-.a ftiac'... tat ........ ta, fta.la Lee-OOIIUJ.aa all e9r-ce of tile pan.1-vi~ reaapaat to UIT -t.t.ar -cioaed bera.J.a. llo prioE" a9r ..... t. or 11Ddaret&Dd.l.D9 pu:t.aJ..aiat to -~ aaab -ttar aball be affeotl••. Tb1a i:-ae -F be -fled i.a vrlti.a9 oaly, el.-S bf tlle putiN I.A iaterNt at tbe tiae of tlle -1.Ucatlon. Slllce(>t .. otbarwt-etated I.A tbJ.e .__, i.a-bereby aotaowled9-tbat Deit.ber real -ut.a broker U.t.ed iD Pa.ra9rapb 15 bereof aor aay oooperati.JuJ broker on tbia tr-act.ioa, DOI' Uta Laaeor or uay ~loy-or a,,_t.a of •Dr aaid perao-, baa aade aay oral or vrit.t.-var'Z'aDCi-OC repr-t.at.iODa to Leea .. ~:.;c~.!: ~=:=!~io:.::u,ni~=-~=;1:a!r::!:::t1:!1 "::;::, ac-=~-.:~ t.b• l99al uae aDd adapt.ability of tb• Pr-.1.aN aDd tbe oaapliaacr• tbueof witb all applicable lava and revulat:iou iD •ffeat du.ri.DcJ tba tana of tbia Leeae, eacept •• otbezviaa apecifically at.at.ad ia t.bia Leeaa. ti.I llot.iaea, ADJ DOt.ioe required or perait.t.ed to be 91•-bereundar aball be in writing and -F be 91•-by penonal deliTery or be certified -u. and U 9lv- pec-aonally or by .. 11, aball be d.....t auffioieatly 9ivan if addr-aed to Lea•-or to Laeaor at tba addr-• noted below tba aiCJD9tura of the r-pac-tiva parti-, aa tba caa• -, be. Sithar party -y by notica to tba otbar epac-ify • diffar-.t addrN• for notica purpo•-aacept that upon Lea•-·• takin9 po••-•ion of tba Praai-, t.ba Pr-1•• ahall conatit&ata Lea•-·• addr-• for notice purpo•-· A copy of all notioN required or per.it.tad to be 9lven to Laaaor bareundar ahall be concurr .. tlr tra...aitted to auch party or parti-at auoh addrNa .. aa LNaor _, traa tiae co tiae bar-ft.er d .. lpata by not.lea to Laa•-· 11.1 Nai,rara1 llo waiver by Leaeor of any proviaion hereof aball be 4....s a valver ot any other prowiaion hereof or of any aubaaquant br .. oh by LN•-of tba •- or any other proviaion . Leaaor•a conaant to or approval ot any act aball not ba 4...ad to render unnac .. aary th• obtaining of Laaaor•a conaant to or approval of any aubaaquant act by IAa•-· Th• accaptanca of rant baraundar by Laaaor ahall not be a waivar of any pracadin9 bl' .. ch by Laa•-of anr pl'oviaion bal'eof, ot.bal' than tha failure of LeaaN to pay tha perticulal' rent ao accept.ad, ragardl-• of Laeaol''a knowled9a of auch pracadin9 br .. cb at th• tiae of accapt.anca of auch rent. 16.10 111toordi•1• LeaaN ahall not E"ecord thi• La••• without Leaaor•a prior written conaant, and auch recordation ahall, at the option of Leaeor, conatituta a non- curable dafault of Lea•-har-eundar. Sither party aball, upon written requaat of tba othal', aaacuta, acknowladCJ• and dalivar to tha other • abort fona •.-arandua• of' tbia Lea•• for cacordin9 purpoaN. 16.11 11o1•1 .. OW.r, If Laa•-c-ina in po••-•ioa of th• »r .. i•••, or anr part thereof, after tba aspiration of th• tena hereof, vitbout tba upr-• vrittea conaent. of Laaaor, aucb occupancy aball be a tenancy f r oa aonth to aoath at a cent.al ln tb• aaount of t.be laat aonthly rental plua all otbar char9N payable becelUIClar, and upon all th• tac.a beraof applicable to a aontb-to-aonth tenancy. 11.11 C-1••1,ra ..... 1••• llo r...Sy or election 11..-MIDdar aball ba ..._... eaolual••• but Dall, ......,.., ... poealbla, be cnaulatlv• vitb all otber r-.cli-at 1- or ln equity. 11.lJ eo ..... ~ .... co.att:1-• &ach provieion of tbia Lea•• pacforaabla by Lea•-aball be cl....t both • ooYanant and a condition. 11 .1• a, .. , .. 8ff-~1 Choice of Lavi lubjact to any proviaioaa beraof r-trictin9 aaai9flll9Clt or aublattin9 by LaaaN and aubjact to tbe provlaiona of Para9raph 16.2, thia Laa•• ahall bind th• parti-, their pereonal repr .. antattw .. , auoa-aora and aaai9na. Thia Laa•• aball be 90varnad by the Lava of the It.ate of Colorado. H .11 •-... 1 .. uoa, (a) Thia Laaae, •Jo LNaor'a option, ahall be aubordinate to any tround lNaa, aort9a9e, deed of truat, or any other hypothecatioa for eacurity nov or bac .. ftar plaoad upon tha rNl property of vhicb tba fr-iaN are a part and to anr and all advancN .. da oa tha aacucity thereof and to all r.....,ela, aodifioat ona, conaolidationa, replaa ..... ta and aatenaion thereof . llotvithatandin9 aucb aubordination, Laa•N' • ri9ht to quiet po••-•ion of the Pr .. 1a.. aball not ba diat.urbad if Lea•-ia not in default and ao lon9 ,ie LN•-aball pay tbe rant and obaarva and parfona all of tha provialona of thia Laa••, unl-• thi• Lea•• ia otharviaa tanlinatad purauant to ita tal'lla, if anr aort9a9 .. , truat-or 9round lNaor ah.all alact to have tbia Lea•• prior to tha lian ot it• aort9a9a, dead of tnaat or 9round 1 ..... and ahall 91•• vrittan notice thereof to Laa•-. thia Laa•• ahall ba d....ad prior to auch aort9a9a, dead of truat, or 9round 1 .... , wbathac tbia Lee•• ia dated :!!:r 0 ~r r:!~:I~;"~h~:!ht date of aaid aort9a9a, dead or truat. or 9r0Wld 1-•• or tba Cb> Laa•-agr-a to aaacuta any docuaanta raquil'"ad to atractuate a11eb aubordinat.ion or to .. k• thia Leaae prior t.o tha Han or any aort9a9a, dead of truat. or 9round laaaa, •• tha caaa .. , be, and failin9 t.o do ao within tben c lOt daye after Wl'"itt.an d ... nd doN hereby .. k•. oonatltuta and irr-avocably appoint Leaaor •• Lea•-·• attorney in fact , and in Lea•-·• n-, place and at-d to do ao . 11 .11 •~u .... r •• F-•• If alt.bar ,-cty or tba broker n...s ltiaraia bria9e aa action to anf'oroa the t.enae hacaol or cleolara r1tbta bareunclar, t.._ pr..,ailiat partr in any auoh action, on tcial or appeal, aUll be entitled to Ilia r .. aoeable attorae,• • ,_ to be paid by tbe loai.a9 party .. U-by tbe c .... n. fte proYlei-of tble para9raph ahall ln11re to tbe -.ut of tbe broker -bereln --e to •force a right herlOIIDder. 7 .. • • • , ] • • 0 • 1,.1, ............... , ......,r 811d a.a.or'• • .-u ...aw ..... ~ .. a. • ....-yu-of -cnl' of ... l--11 ..... tbe ri ... t: CO -car tbe Pr-1•• •t: r .. llODabl• t.iaae for tile pupoee of iaapeotUMJ tM -· allowlati tlle •-to froepecti•• ptUGba•eca, laDlle.s'• or l.aaaeea, aad -ll...la9 9IIGII alt.ec-at.1ooa, repair, tapro.--t.a or addit.iODa to t.lle •r-1-or to t.M buildiDt of' wlllab t.Mf al'• • pert •• i.eeaor _, dellll aecNaary or clNirable. Laeeor -,, at. uy tlaa, place oa or about t.be •r-1-uay ord.1.aary •ror aate• al9119, and t.eeeor _,, at. -Y' t.1-dllrillt t.be laat. 120 claya of t.be ta&W bareof, plaae oo or about t.be •c--'--aay orcU.aary •ror I.Nae• aipe , all wit.bout. rabet.• of r-t: or UablUt.p ta Laeeee. H.11 •1---1-• ..__ •llall DOI: place_,. •1911 _. Pr-1-, or conduot aar aaot.lOD t.bareoa, wit.baut LNaor •a prior wrlt.t.-coeee11t., e&Oept t.bat LN•- aball U•• t.U rl9bt., wit.bout t.be prior puaiaaloa of Leaeor, to place orcU.nnry and uaual for r-t: or aublat. aipa tbareoa • .. t.ual •:;!!.,r.~:• U.:!o~~l::;t.:?.~::~:n a~r=r ,or.:_~~ :: .. t' .'::;:~' o!n: aball, at tba opt.ion of LNaor , t.eralnat.a all or .. , -i•t.1.Jlt: allbta:aancl-or aay, at tbe opt.ion of Leeeor, operate a• •• •••itaaaat to a..uor of anr or all ot' e11ab --1-. 1,.10 c.c,.oreu &at.Nrit.J• If Lee•-1• a aoqaarat1DD, -ob iadiwldual -acutin9 thi• Lee•• oa behalf' of ••id corporation repr-•t• aad warrant• tbat ha la dulJ autboriaed to eaecut• and deli••r tbla Lea•• on bebalf of ••id corporation in accordance with a duly adopted reaolution of tbe aoard of Director• of aaid corporation, or in accordance vith th• Bylava of aaid corporation, and that tbia L .. aa i• blncUn9 upon aald Corporation ln aooordanc• with !ta t....a . If L•••-l• • Corporat.lon, ..,. ... aball, wit.bin tblrtr C JOt daya after -ecution of thi• Leaaa, dallwer to Leeeor a oert:ifled copI of a rNolution of tbe ao.rd or Dlrect:ora of aaid oorporation autborlain9 or ratify n9 tbe -ea"ution of tbla Lea-. 1,.11 Coaeea&a, Wbaravar in thl• LaeH th cona-t of oae party ia required to an ac:t of the other pany auc:b oonaaet allall aat be unr-aonablJ witbbald . 1,. aa ..... _t.os-, In tba ewent tbar• la a parantor of thla i..aaa, aald 9uarantor ahall h••• tM .... obll9ati0Da aa Lee•-Wider ••ra9rapba 11 .l and 16 .20 of thia Lea••· H ,JJ Qalot •---1-, Upon i:--paJllltJ t:110 fiaod r-t: r•orvad boraundor and obaarvl119 and pecforain9 all o: tba oo•ananta, condition• and provlaiona on t..aaN 'a part to be obaecved and parforaad hereunder , Lea•-aball have quiet po••-•ion of th• Pr-i•• for the ant.ire tara hereof for th• uaa provided in Sac:tion I. I •llbject t:o all of t;l,o prodai...,. of t:111• 1-H. 11.Jt -~•-• In the .,._t tbe Lee•-, llllder the t<inae of thi• Laaaa, baa any option to Ntand tile tera of tbi• I.Nae, or anr option to purcb••• tbe pr-i•••, or any ri9ht of f irat rafuaal to purcha•• th• pr-iaN or other property of Leaaor, than Nch of auch option• and ri9bta are paraonal to Lea•-and aay not be aaarciaed or ba •••itned, •oluntarllJ or involuntarily, br or to anyone other tban LeaeN eacapt that it-, be eaarcieacl by , or •••iCJlled to, any of the entitiN deacribed in Paca9raph 12 .2 ::!eo!:.~0 ri.::. i.::::= = ::;" ~~~lc:i~·-=ti!n. ~:0 ~tt.:.:•::r: ~~.i:-:·ia,!~ option to -tend th• Laa•• cannot be -•rc:iaed unl-• the prior option bu been ao T~:r:~~T:;ti:Ona ~= ::J. ba1..ee-::~c:iaed at • tiae wbea tbe Lea•-ia in default under (a» •••••••• •••/ .. 11•1 .. 1-......... CAIi ....._.., Thia la a triple net 1••• therefore, Lea•-le r-ponaibla for ralabura ..... t to Leaeor tor hla prorate ahar• ( 1 /2 of property •• total -pan••) of •••••••w aaw, buildin9 inauranea and CAN char9aa , CM char9N ehall lnallld• the c:oat ot' .. 1ntalnin9 property'• a011110n arNa and ahall include water and aMtar aarvica, lot alNnlnfJ, parki119 lot plowin9, landaoape .. tntenance and lot li9btin11J. 811eh Taa, lnauranca and CAIi c:harllJ-are eatilletad tor the t irat: , .. r of the 1-•• tara to be SJ. ts par aquara toot of C'anted ar•. Tb•• coat.a will ba ua-•ad to LN•-•• additional rent ln prorate aantbly payaaat:a during the tirat r-r of IBl.a.lL.eaah and ahall ba Ntiaatacl in adYanoa for Nch allbaaquant yNr ot' 1..... Adjuataanta will ba .. d• on • r-rly beaia, baaed on actual coata wi th LeaaN rac:aivln9 a copy of auch rac:onciliation . (bt Prloc to tba laaaa COlllllanoaaent data Leaaor aball bave aade all nacaaaary and raaaonabla repair• to the pr-iaN, it.a finlabea and tlaturN . Leeaor ahall alao repair wall finiah•a, parfora nac:aaaary paintht9 and have clNned valla , floorin9 and carpatin9. A walk throu9h will ba parfol'llad by Leaeor and LN•-prior to the caaencaaant data to ba aure that tbe p r -i•-are ia acceptable c:onditlon to Laa•-· (c, Tenant: oovananta with Landlord to notitr Landlocd of any and all hasardoua aubatanoN t•• defined bal011) ,_rate o r etor ed at t:H pr-1 ... , to eoaply vith all obli9ation• iapoaad bf applieabla law , rul-, r .. ulationa or raquir--ta of any 9ovanwental aut:hority upon e11c:h tan•ration and atora9a of llaaerdou allbetano-. to prohibit: any 9anaration , atora9a or d i epoeal of haaardoua •ubetancN at the pr-iaN , aacept •• permitted by Leaaa, to claliver praaptlr to Landlord true and c caplate oopiN ot' all notioN racai•ed by Tenant froa any ,o,,•~t.•l autborlty vlth r .. pec:t to the ,_ration, ator•t• or cUepoeal by T-••t ot llaaarcloua aubetanoN, to proeptly not i fy Landlord or any ept lla or ecaidant• ienlvi .. a Maardoua eubataaca, and to parait r-eonabla •try onto the Pr-iaN by Landlord foe warUleation of Tenant ' 1 compliance with thia cow-nt . Teaant a,r ... to utiU.ae only tranaportara appcovad bJ tho &nviro-ul Protact l oa .. ...,, and tbe Uato of Color-to dallver •nd r-va baaardo ... •ubaUncM rr .. tho Pr-l••· T_,,t alao ••r-to ~Ur - • ..... • • 0 , )- • • • .. --L&Ddlocd Cvl~ 1 ... 1 -1 -lf --.,c•l• bl Lu,llocdl Ina --iaat uy ooete, r-or ........ li.Dcllld.l.Da, vlUlaut Ualtatioa, al--up .......-, tllird- putf olalee --~ul 1-1..-t -· loea ot raat, -r--1• dia-1 ot 11aa.-•-~-ft.1a ~loati-bf "-t allall •...,,iY• tile tarai.Aatioa or ...,1.rat:loo of t.lu.a Laaae. •kaaalaua ~· .... 11 ..... , I. •1a.-.-,-•, u deft.M la U.. ~-iY• •W'l~tal 2. J . .. 5. .. l. 8-, ~tioo -Lubilltf lot, -_, •.a.•, u defleed la eo c.r.a. lll, or -1-r_.1.t1--lpted l8lllac" tN 'l'oaia a ... taac:-Colltrol aat, --4edJ • ...._coa•, -daliaad ta 2• c.r.a. 1910.IHI, e& ...... aad aaa1.o9oaa r_.lat1-_l .. ted -tM --•1-1 .. ,., --1~ llot of ltlO, ___ , OU petro1--produat•1 ...J.oacrt,1 .. -&M"lal or -t:•1 ~~!::= =c~ ...... .!,~._::! ===~·~~ aac, .. ....._., .. ..-eat.a -Y lie _._. rraa t:1-to tiaa, .......... t-_, lie --bf -U1-l l .. ialatioo ol • -•l -•ara. At Leuor'• opeioo, la t» ID •re pclor bl t» t .... 1aau-ot tlle r.-.., Leuor _, requil'• LMeee, at Leeeee'• .......-, &o pcowlde an eaYiroaaaatal audit to Leeeor tor t.lle pr-.Leae, llllera Laaear llae • raeaoaable Mai• tor •uala r...-.t . Cdl MSAN '9dWI r.-... la tiY-ti•• C51 ooe Ill r-r .,.el-••- tor 1-•• r-l. All •--ooedltl-of tlli• 1--.... u loa tloa -duriet -11 ona r-r opU-•-....... U..t tN ~cal paid allall ba 1-~ bf ~-IJII pare-• --·--·paid dariet .... ~let ,-r. r..--.... u DOtUr r..-r in vr1tln9 at lNat •i•tr c,o, •r• prioc to Ula aspiration or cv.rr-t 1--t.eca t.bllt it lat-to ... ..,1--11 -,-r i--opti-•-· ••• 11u1 •• 1~ .. l.,.w:• t. I. loc:-oa·~~1 ::t.~1~~ ::C:1:: :i1 ·!!~ 0 ~r= :!! :=:-ui~= lt~ ":ti:-~ ~ .. :!T',. --;:.1~°:!.tt-;ty °:'..!e~.!r:: :~t.0:!:: =~\ ... 1:..!•.~;: ::::.:-=-:o1:1;1l!,.'f.f:l::: ;::..~; .~r.T...::' ,: .. , --1,,. -penl .. lier.to llaYe -•ed tllle Laue •• tlle place -, ... ••--itied 1-dlatelJ adjaaent to tlle.lr reepecti•• •1 ... tur•. lf tba IAaH Ila• -filled in, it llaa -pr-red for a-i••i-to rour ::~:·:r!:!r b:: 1-:;'.:t~ o~ .:.-r:;::t:.t~':' :! ~==-=:~!::.C1;, T::.1~t~':t~-:! taa oonaequMICN of tbi• Lee•• or tM tr .... otion ralat.int tberet.o. I.DIDI lllltborlaed 11-ture for cltr of .... l- Thoaa1 J, Burn•, Mayor Det••------------- i.aiii, --· Llllml De --· -· JIU _.. llatl ltnet ... 1-, COlor-IOIIO ,v"z UI Federal hrt-elllp, LY J,J;;:-;:::, ~ s; I 1205 Platte aiYer DriYe, .. ice 100 -. COlar-.. UJ n1.4101 c•uu-,. •-111 ftl·-----. .......... -------·---...... __ _. .. • • • • 0 I • ,.. • ·-• (. .. £ -r I \ ,_t ; l ts I ~' t \ ... ~ I ~ G -· 1 , .. , .s .• . .. _.,, ~ I<>,-. IV•~1' _,,,.,.,,,..,.,, I t ii I ~ ~· J . ~qr I :i,qc, I ' I ji . ~1 ,. --~.-.. r-. -- • v £ J) •. -~ =-~ "" ,. I -. .. . ' i \' ~~ I i ., ,. '· :: 'l) lo, -, ~.., .. ! "' ' ~ • ~ s:: !'I , .. ,. . -.. ''t , .. .. • • I • 0 f ,," I - 1 . ,, Date February 17, 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 11 a i Staff Source Subject Ordinance Revising Truck Route Designation on West Union Avenue Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council is concerned that the quality of life for residents on West Union Avenue between South Clay Street and South Federal Boulevard is impacted by heavy truck traffic on this roadway . RECOMMENDED ACTION Pass an ordinance removing the truck route designation from West Union Avenue between South Clay Street and South Federal Boulevard and set a public hearing for March 16, 1998 to gather citizen input on this issue . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Truck routes are established by the City's Traffic Engineer. Truck routes were prior to 1968. West Union Avenue from South Federal Boulevard to South Santa Fe Drive has been included in the designated truck route system since before 1968. City Council has expressed a desire to remove truck route designation on West Union Avenue , from South Clay Street to South Federal Boulevard . This decision is based upon criteria other than technical traffic engineering recommendations. Council may pass an ordinance revising truck routes designated by the Traffic Engineer (EMC 11-1-3-28, copy attached). The intent of the proposed ordinance is to remove the "truck route· designation from a portion of West Union Avenue only. Council may consider the extent of truck restriction that it wishes to impose upon this reach of roadway. "NO TRUCKS" signs would prohibit all trucks, including pick ups; "NO TRUCKS over 7,000 lbs. gross· would restrict all large trucks; "NO TRUCKS over 4 ,500 lbs . gross• would restrict large trucks as well as most loaded pick ups. The ordinance can be amended to include a specific truck restriction . As written, the ordinance leaves the restriction to the discretion of the Traffic Engineer. FINANCIAL IMPACT The proposed change would require installation of about seven truck restriction signs on neighborhood streets . "TRUCK ROUTE BEGINS" and "TRUCK ROUTE ENOS" informational signs would be installed at South Clay Street eastbound and westbound . "TRUCK ROUTE ENOS AT CLAY ST." signing will be installed at South Santa Fe Drive for westbound traffic on West Union Avenue . The total cost of this signing is estimated to be $1 ,300 . UST OF ATIACHIIENTS • Draft of the proposed ordinance • "Truck Restrictions" signs location map EMC 11-1-3-28 . , • •· • ; -.;~ , • - 0 I • - ,c. • -1 tr, • • l,J " • . . • ' • C J- 11-1-2 B. • • ·, - ,, 11-1-3-2 investigation shall apply not only to public places and ways but also throughout this Municipality . Interpretation: This Chapter shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic . Article and section headings of the ordinance are adopted. The Model Traffic Code shall not be deemed to govern , limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof . (Ord . 36 Series 1996) 11-1-3: TRAFFIC ENGINEER: 11-1-3-1 : OFFICE ESTABLISHED: A . The office of the Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this Code. (Ord . 36 Series 1996) 11-1-3-2: DUTIES AND POWERS OF TRAFFIC ENGINEER: A. Except as provided herein, it shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of official traffic-control devices, to conduct analyses of traffic accidents and to devise remedial or corrective measures. to conduct investigation of traffic conditions, to plan the operation of traffic on the streets and highways of this Municipality, and to cooperate with other Municipal officials in the development of ways and means to improve traffic condition~. and to carry out such additional powers and duties as are imposed by this Code. B . The determination of the Traffic Engineer shall stand except where the City Council decides a different determination would be required to protect the health , safety or welfare of the citizens and public in general , after holding a public hearing on the matter where testimony shall be received . C . 397 By way or example , but not by way of limitation, the Traffic Engineer is hereby empowered and authorized, consistent with the provisions of this Code , to act as follows : 1. Install, ma intain, and remove traffic-control devices; • .. .. • • 0 . -. ' ... r , • • ·, • ,, 4 • . It'' BY AUTHORITY ORDINANCE NO . _ SERIES OF 1998 COUNCIL BILL NO. 12 INTRODUC-~Y-CP~U... • ) MEMBER~ A BILL FOR AN ORDINANCE REMOVING THAT PORTION OF UNION AVENUE FROM FEDERAL BOULEVARD TO CLAY STREET FROM THE DESIGNATION OF A TRUCK ROUTE IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council baa reviewed the subject of truck traffic on Union Avenue on numerous occasions; and WHEREAS, the Englewood Municipal Code provides for differentiation from the Traffic Engineer's standards if certain conditions are met; and WHEREAS, the City Council must bold a public bearing regarding truck traffic on Union Avenue as it effects the health, safety and welfare of the citizens of Englewood; and WHEREAS, the Englewood City Council feels that it ill in the best interest of the health, safety and welfare of the citizens of Englewood to remove that portion of Union Avenue from Federal Boulevard to Clay Street from the designation of a truck route; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ec;tigp 1. The City Council of the City of Englewood, Colorado hereby removes a portion of Union Avenue from Federal Boulevard to Clay Street from a desipation of a truck route. Introduced, read in full , and paaed on tint reading on the 17th day of February, 1998. Publiahed as a Bill for an Ordinance on the 20th day of February, 1998. 'nlomu J . Burm, Mayor ATTEST : Loucriabia A. Ellia, City Clerk -1- . ' • . .. • • 0 I I • • ·, • ,, I , Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and puaed on first reading on the 17th day of February, 1998. Loucrishia A. Ellis -2- ------- - ' ' . ' •. • • 0 f .... ,.. JI -• 0 , . • ' COUNCIL COMMUNICATION Date Agenda Item Subject Encroachment Agreement - February 17, 1998 11 Ci 4096 S. Cherokee Initiated By Staff Source Robert Simpson, Director of Neighborhood and Neighborhood and Business Development Business Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous action on this property. RECOMMENDED ACTION Council consideration of a resolution for an Encroachment Agreement BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIFIED In November of 1997, Ms. Joanne Swanson , property owner of 4096 South Cherokee Street, hired Mr. Michael Hommel of "Designs by Sundown", to erect a stone wall around the property. Mr. Hommel started the project without benefit of a permit or license. Rocks for the retaining wall were delivered to the subject property; many of the rocks were on public right-of-way on Cherokee Street. A Notice of Violation was issued by Code Enforcement to Ms. Swanson on November 21, 1997, for obstruction of public right-of-way. On November 24, 1997, the Building Inspector issued a Stop Work Order for work begun without benefit of a permit or contractor's license. ,,,_ Mr. Michael Hommel , Designs by Sundown , subsequently applied for a building permit and contractor's license on November 24, 1997. On January 12 , 1998, Ms . Swanson , and Mr. Hommel appeared in court as a result of the Notice of Violation . The court ordered Ms. Swanson to resolve the encroachment problem promptly. Encroachments into public right-of-way are authorized by Section 11-3-4:C , of the Englewood Municipal Code . Encroachment Agreements are jointly issued by the Department of Neighborhood and Business Development. and the Department of Public Works , and must comply with certain conditions. Neighborhood and B1 1s iness Development staff reviewed the Encroachment Agreement and finds it will have no negative impact on the neighborhood, and it will not adversely affect adjacent property. However, the proposed Encroachment Agreement was not approved by the Director of Public Works because the retain ing wall does not meet the condition of placement at least one foot behind the s idewalk , a requirement in Section 11 -3-4 (A), Englewood Municipal Code . Ms. Swanson is appealing the administra tive denial of an encroachment. ... I· • 0 ' I - FINANCIAL IMPACT No direct City impact. UST OF ATIACHIIENTS '· • Building permit application and site plan • • ,~ • • Ms . Swanson's letter sent to Mayor Bums and copy to City Manager on January 2, 1997 • Memo from NBD office with criteria for Encroachment Agreement-with proposed Permit of December 10, 1997 • Memo from Director of Public Works denying approval of Encroachment Agreement ,,, -. • Letter confirming alternatives for Ms . Swanson from from Assistant City Attorney after the January 12, 1998, court appearance for Ms. Joanne Swanson. • Proposed Resolution ~ • ' °' • 0 ~ I • " - • ,. - DIVISION OF BUILDING AND SAFETY CITY OF ENGLEWOOD, COLORADO ACCESSORY/ MISC . PERMIT APPLICATION IUSINESS/TENANT NAME l'lOT ll'LAN TO IE ATTA CHED (WHfN JIE01>.) N C CJ MOAE ,.HAN 50"'-Ol'EN HEIGHT £ 0 LE SS T"4 i1N so-. OIIEN (INCMESI H E 0 0 E CJ CONNER LOT CINTUIJIOR LOT HEDGE WILL IE .. AINTAINED AT A HIIGH T OF NOT MORE THAN (INCHES) C0111t0SITION CJ YES NO CJ BLOCK CITY STYLE ON TYl'E CJCONNH LOT C INTERIOA LOT C LASS CJ• DATE OF / APPLICA TI ON /I/I. ClTY llCE~SE ~0 . •OST SIZE---·'--- CJ I oc OCCUP•NCY 8ft0UP I DIV . ITY,E CONSTR . AGENC Y (01 1ZONIIG PERMIT NO . A-\ ~ .;l -=+-t, ••ONE . 7(,).. 0/'8(,, etOS~ SP4C ::'-lG ---·') C OEQ ·D USE ZONE {Olt lUILDING ua·o N E N 0 0 F t----------------------------------1 tlltENG .. INIIG !IT) IIIC MAMICAl SHAICES ovu NO 0 NUMHR 0~ SQUARII I N LAYUIS or IIOOF ING TO II COVEl'IID {J 1..AYUIII TOTAl . IHIIMUIII' C:ITT UL.U ANI UH TAK DTllfAff: VALUAT10WO~ MATERIAL NOTII TO a,,1.1C.ANT ; IPIGLIIW0011 TAIi LICINSS NO . a ., .... 11,uu1 •11111 1rs ~IOUIIUO ,o ......... ,Lu•••• MIArl•G . IIITAINtNI WA LLS & OI IIOllTION ........ , u,,.u I N OAYI UOM IIIUA .. CI UNllU WO .. IS STUTIO IY TNAT T•I. •o N .. ,,1cr10N1 00 1N,OOMATION C&U. lll·nN IUOOI ., .... •o• All wo•• DONI UNO IO THIS''""" THI 'IOIIITTII ACCIPTI 'Ull OH,0N1•11.1n •o• CO M"llHC:( WITH TH( u1u,01111 IUllOINQ COOi .t.NQ ~u on.111 ""UCAIU INOL.IWOOO o•o ••.c1s IIIQUIIIO 1111,tCTIONI SMAI.L II ••ounuo ONI WOU ING OU N AOV&NC( 00 NOT (lllll OT !J lllt(fltSIJ CO NTU.c7o•s !OIi ElEC':'JUCAl {Ill UTIUTIII .. 1'1 : I AL UAflON IMOW• S"'All 11 .. 110 011 n,c IITltUTEO TOTAi. ~lll'lACl¥1NT COIT ·o f MI QWNUll•Ct.u o•• l AIOit ••rtl'IAl,.S tau, ...... , ••o INITAi,.i,.A T!Olll 'JA,LUA TION ,,.. C:IIAIII ,NOlCAUO TH•O u aH ,1NANCl ~r,T AUO ITS ..... 11 su,.,,c~ r o "'"•" 1•c•·'lll YAI.UATION o, wO•K I OOUILI •n 0 'lAN '1UD nso NO 0 UH TAI DEPOSIT , .. , TOTA&.l'SH : 'INMIT IUUANCI OATI THII •ONM ii A •IRM IT ONLY WNIII VAUOATIO HlOW .. ., • • • 0 , I • - • (. m I ,, - ' ' 'I • • 0 • December 2. 1997 Mayor Tom Bums City Manager 's Office 3400 S . Elati St. Englewood. CO 80110 ~ Mayor Bums: • 0 • JOANNE E. SWANSON .W96 SOUTH CHEROKEE STREET ENGLEWOOD , COLORADO 80110 (303) 789--'726 , . RECEIVED DEC 3 1997 CITY MANAGERS OFFICE ENGLEWOOD. COLORADO I am writing as a bomcowner within the city of Englewood. Recently I have experienced some difficulty with the City of Englewood in my an.empt to have a landsciping wall built around my property . This letter is to infonn you of this difficulty . as I believe it is something you should be aware of. During ~ovember. 1997 I hired an audit called ''Designs by Sundown", represented by Michael Hommel. to build a rock landscaping wall to replace one which has been in serious need of repair since I moved in seven yC3l'S ago . I was unaware that a pennit was required for landscaping type work. Apparently, Michael Hommel was also unaware of this as he bas done work for other cities where no such permit is required. On Friday , November 21st. Michael's workers delivered the rocks in front of our house on Cherokee Street in order to begin work on Monday , November 24th. Unfortunately, the rocks were partially in the street and. admiaedly. a danger to through traffic. Fonunarely, the City had put up barriQdcs to prevent any problems. I arrived home that Friday evening to find the rocks and a Notice of Violation from the City with a note to call someone named Nick right away . I called Nick Johnson. Traffic Specialist for Public Worts. apologizing for the problem and asking what exactly he needed from me. Mr . Johnson provided me with limited information but did say that we needed, at the very le:ISt. to move the rocks over into the parking lane. I ~en called Michael at home and told him the rocks were in the 1 ·~ ~d.i~g traffic. He had someone at my house first thing the next day to move ··~rd'c:lcs-irfto the parking lane . Nick Johnson later told Michael this was unacceptable. If so, why did he tell me to have them moved into the parlting lane? On Monday , November 24th. Michael's workers began work without a pennit. however Sta~ work at rbe request of the City . To his credit. as soon as Michael became aware of the paperwork required to complete the job, he was at the City office filing the required paperwork. The Zoning and Building Departments were having a disagreement on whether a permit was xtually required (if they don 't know , how are we supposed to know ?). I am still uncle:ir as to whether this permit is re:illy required ! Michael spent a minimum of three hours at City offices Monday , the 24th. :ind Tuesday , the 25th. in :in attempt to complete the requirements. During his Monday meeting with ~ick Johnson , Mr . Johnson abruptly informed Michael he was going to lunch . Michae l waited until Mr . Johnson returned from lunch to finish the ir meeting . On Wednesday . as Michael was moving the rocks out of the stree t and onto our property . due to Mr. Johnson · s disatisfacoon with the loc:u.ion of the rocks . he was again asked to stop work as Mr. Johnson wanted a revised tr:iffic control plan . It seems ~fr. Johnson is not satisfied with much of an ything . .. -• ,, - •. •· • 0 ' - - • • <. Mayor Tom Byrns-Page Two We then also discovered a problem witb an Encroa bmein Agreement as I wanted tbe wall built right up to tbe sidewalk. I was also unaware tba this was a problem as one can drive around Englewood and see seven! walls built right gp to me sidewalk.. Why it seems to be such a problem witb my wall. I don't know . I specific:lily requesred the wall up to the sidewaik as I am a disabled person and I am inc:re:ISingly unable to maintain the weed problem growing in dw section. Michael Hommel and I have been extremely patient and coopmlive with tbe City to this poinL However, last week we were both issued summcns by Marilyn Lamb. a Code Enforcement Officer. My summons specific:illy sma '"Obstruction of Public Right-of- Way" and '1:ncrolc:;lmle1 Agr=ment Needed" and requires me to appe:ir on December 17th. Mayor Bums. in all bonesty. I must rell you dw I feel this summons is the most owrageous wasrc of tupayer money I have ever beard of. Further, I feel that Michaei bas experienced wueasonable harassment by Nick Johnson and tbe City. City workers have been banging out around my house almost daily since this began. Some of the City workers have been ememely helpful but those dw aren't are c:wsing what I feel to be unnecessary problems. Are these people considered Mcustomer service"? If so, there is a real lack of training! Neither Michael nor I have resisted anything the City has requested. however my paoence is running short. L without besiwion. will rell you chat Michael and I should probably have done our rese:irch and contacred the City prior to beginning wort. This bas been a le:lming experience for both of us. At this point. I would like to know what can be done to expedire consttUCtion of this wall. My understanding is that Nick Johnson needs to approve tbe permit but has not done so yet. He told me this morning he is waiting on the "plan". I hid to call him to find this out because he failed to communic= this to anyone involved. 1bc Zoning Dept. will provide him with a copy of our Improvement Survey Certific:a today. 'Ibis should be all dw is necessary. I would also lie to mow if it is truly necessary for me to appear in court over this, particularly since I am sdlednled for some surp:ry oa De:einber 10th and may be IIDlble to appear. I have a full time job and will miss enoup work due to the surgery . An arraignment and bearing an: two more n=quem for time off. In this respect. I feel the City is upscaing my livelihood. as well as my aamnpt to !Dike my property ~- I appreciare your c:cnsideration and look forward to belriq from you. Ve:, Truly y~__, ~-----_l ..... _...---'t".'~ e,.------ Joanne E. Swanson a:: Gary Sears City Manager .. I. . 0 , • TO: FROM: SUBJECT: DATE: • 0 I• • '· MEMORANDUM Bob Simpson. Director of Neighborhood & Business Development Chuck Esterly, Director of Public Works Cathie Mahon. Planning Technician 4096 South Cherokee Street -Encroachment Agreement December I 0, 1997 This memorandum is two-fold: I) consideration of criteria for an encroachment agreement; 2) recent photos of identical retaining walls within the subject neighborhood. CRITERIA: Consideration of an encroachment must meet the following 5 criteria: The first criterion is that there are exceptional conditions or circumstances relative to the properry that compliance with the regulations would result in a hardship to the properry owner. The property is e.xceptiona! due to several circumstances: it is a comer property, and the property bas a 4 to 5 foot slope on the Oxford Avenue and Cherokee Sttcet sides of the property. A hardship would be incurred if the homeowner is not permitted to have a retaining wall in an effon to shore-up the slope. In an effort to maimain those difficult areas, the owner bas put in landscaping that is maintenance free. As mentioned in the leaer to the City Manager, dated December 2, 1997 , the owner is handicapped. and in 111 effort to maimain the public right of way, accepted the contractor's proposal to have a l'Claimng wall abutting the sidewalk. The second qil,r:ion is thal ti¥ ,ncroac,,,_,,, will oburw ti¥ spirit of tlw Ordinance and protect tlw public safety and welfan tlrovglt tlw just applicalion of ti¥ reguialions. The proposed placement of the retaining wall will not impact public safi:ty and welfare of the applicant's property, adjacent property or neigbborbood. The third criterion is that the eru:roachnw,u will ftOt adwrsely affect adjacen1 property or ti¥ neighborhood The retaining wall will not advenely affect adjacent property or within the neighborhood. :IS reflected by the existing retaining walls in the neighborhood. illustrared in the anached photographs . NOTE : Photographs were taken of existing retaining walls in the subject street, Cherokee, and the two SUlTOunding streetS: Bannoclt and Delaware. As referenced by the photop'aphs: 4085 South Cherokee (dim:tly across from 4096 South Cherokee), the three properties in the 4000 block of Delaware. ( 4068. 4070, 4080 South Delaware) and 3997 and 400 I South Bannock. have retaining walls: therefore one more within the 4000 blocks of Bannock. Cherokee, and Delaware will have no impact in the neipborbood. •. • • 0 , 2 - ] • · ... • '· The fourth qitman is that tha mcroadanvrt will not impact or impair tha use or dnelop,rwnr of adjacmt propmy. Given the fact tblt there are DD lea dim 3 rmiDill8 wall in Sllib hundred block of each sueet, tbe eacnw:fnent ap"ellDlllt would have-no impact wimiD the aeipbcn:bood aor will it affect the adjacent property. The Mb qit,nqn is that tJ. fflO'Olldw1rt is tJ. IMl6t modiflcatton w:asary to grant relief to tlw property ow,wr. The ptopoaed naiaia& .al pJecernent tqaeseidS.-a minor moctificaaon of the fm:e/remimng wall ~ of the ZoaiDa Onlilrmce. In conclusion. if the City .eqaiza mnoval of the relaiDiag wall already ccmmucted on Cherokee, and if tbe City does aot allow the property owner 1D bave tbe proposed reaining wall, the City \VOUld be subject for selccriw enmrcemmt of the mama replaarm. Sin&linl out tbis property owner, where SllltOUDdiaa property ownm ba'Ye: 1) &iled 1D obtain a building permit, and 2) &iled to get an encroacbmmt ip'ellDClll tbr their relaiaing walls, reftecls tblt tbis property owner bas been subjected 1D selective enforcement by the City. 2 . ' • ' .. • • 0 I -• • • . . ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT. made the 8th day of December, 1997, between the City of Englewood, Colorado, e municipal corporation; end Joanne E. Swanson, 4096 South Cherokee Street, Englewood, Colorado 80110; the owner(sl of e certain parcel of reel property legally described n: Lots 21-23 Block 14, Bfoedwey Heights, PPII 2077-03-3-11 -009. end co,.,,.,_.jy known n: 4096 South Cherokee Street. The City of Englewood, Colorado, hereby grants to said ownerlsl of the property et. the ebove described locetlon permission to : e<ect • retaining well which would encroach 10.4 feet into public right-of-way to the beck of the Cherokee Street sidewalk, end 15.2 feet into public right of wey to the beck of sidewalk along Oxford Avenue. The aforesaid property owner(sl end their hairs end nsigns understand end agree that : 1. This permission Is revocable et wlR end without cause by the City of Englewood without hearing end without notice ottMr ther, Notice of Revocation. 2 . The property o-1•1 ahal re<nove said structurel•l from the public right-of- way within thirty 1301 dev-after receiving Notice of Revocation by per_,.i service or certified mall . 3. That said property o-C•l are estopped to deny the right of the City of Englewood, Colorado, lo revoke the Encroechmenl Permit or to deny the property rights of said City . 4 . That said property o-C•l agrees to reimburse end Indemnify the City of Englewood, Colorado. for al necessary expensn of what-nature that may be Incurred in revoking thie Permit. removing the structure pieced in the public right-of-way, or er,y ottMr e,cper,N • • ,-ill of granting the Encro~ Permit. 5 . That the Aid property o-Csl ehal maintain Jneurer,ce _..,. eufficient to Htisfy any llabllity erieing n • rNUII of thie Encroac'-'1 Permit end Indemnity Agreement. end the City of Englewood ehal be held harmlns from any ~ ell llebllltln arising from this action . 6 . This agreement shal Inure to the benefit of end be binding upon the heirs, executors, edmlnletrators, enlgne, end __. of the reepectlve partln. IN WITNESS WHEREOF. the pertln have ... their hende the day end year first written above. City of Englewood • mun1c1pe1 corporation ,,._ . , • . • • 0 I rin I ]- • . , ,. •. . ' MEMORA.NDUM TO: Bobs· ~~-a~~ ~.~ofl'ubticW-FROM: DATE: January 7, 1998 SUIJJECT: ENCROACHMENT PERMIT, 4096 S. CHEROKEE ST. We cannot approve the proposed Encrow b.,..,. Permit and Inde:rmrity A,reemmt u written. The n=quiremcnlS of the already issued Buildillll Permit need to be adbered to. Public: Works conditions, dial me part of the BuildiD& Permit. illclude the wall mmt be one (l) foot behind tbc back of walk and must respect the comer sipt lriqle fur ttaffic. The proposed Enc:roacbmmt Agreement violares bodl n=quiremcnlS. The sidewalk in tbis area is only 2' 8" wide, IIIIDII the oae mot llllback aw t•wy. The sipt 1riaqle is my for tnffic sa&ty. 1hr C: RicklCmm Ladd VOllry NidtJobman Plull(apam Nmcyltaid .. • • 0 City of Enalewood OFFICE OF THE citv ATTORNEY Ma.JoaDDe Swauon 4098 South Clmaae Stnat Eqlewoocl, Colorado 80110 ·, <. BeprdiD,: Summom & Complaint No.329128. • • 3olCIO Sault SIii ... Ea UI tL ColDlalD I011Q.2304 Pllalie (31D) 7IZ-Z320 FAX (XS) 1'12·2331 I am enclosing the Copy of the Eqlewood Mmw:ipal Code you requatad. Ji. you can w, from this ardiDaDce and u we disc:uaNd, there are certain requinmllmtl which muat be met be!are you can acquire 1111 encroacbmmt asr-ent far a ~ wall of tbe lmul you wial1 to construct. Your wall, u it ia c:mrmtly dNipiecl doea not comply with tbole J:'IIC(1liremmt. To flDiah tbe wall u it c:mrmtly la:,a, ,-mut pt appr!l9al from tbe City Comu:il. I na-t :,ou apak with the Neiphorbood and Buein-o...Jopmmt Depar1m&t filr iDmrmatim CID haw to ult far that apprcwaL ID tbe alianw:iYe you can: 1 . MOft tbe wall beck tbe diataDce reqaind by tbe Code ad obaiD ID admiDiatrai:ift mcroachmmt ~ fram tbe City. 2. MOft tbe wall beck IO that it: ia lac:atad CID ,am prapaft)' md Cllllltnlct tbe wall dar' obteinin, a panait. If :,au wiah to do tma, I ...-tlm ,-camact Pablic Wadlll Ill' hlllp iD dacermmiq tbe aact proparty lme. 3. Remove the wall. • . • • 0 I -• • • (. \ A• \w·iu.k • ~v• tit I RESOLUTION NO.% ~ -¥ SERIES OF 1998 / A RESOLUTION AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ;,l'JIJJtlll)../ ENGLEWOOD'S RIGHT-OF-WAY FOR A RETAINING WALL AT 4096 SOUTH VV'"'(f(F CHEROKEE STREET. WHEREAS, the Owner of 4096 South Cherokee Street has requested an encroachment into the City's Right-Of-Way for purposes of building a retaining wall on the property; and WHEREAS, the Owner of 4096 South Cherokee Street has been denied an administrative encroachment pursuant to the Englewood Municipal Code 11-3-4(C); and WHEREAS, the Owner requests approval of the encroachment as described in Attachment A, by the Englewood City Council pursuant to E .M.C. 11-3-4(0); and WHEREAS, the City Council finds sufficient cause to approve the encroachment into the City's Right-Of-Way ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Section 1. The City Council finds sufficient cause to approve the encroachment into the City's Right-Of-Way. Subject to the following conditions: 1. The sole encroachment shall be a retaining wall built adjacent to the existing sidewalk, less than twelve inches (12•) behind the sidewalk, and which conforms with the description in Attachment A. 2. This encroachment 1hall be subject to all other tenDB and conditions relating to encroachments in E.M.C . 11-3-4(A) and 11-3-4(C), including ·light triangle• regulationa for all fences . ADOPTED AND APPROVED thia 17th day of February, 1998 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Elli s, City Clerk .. • • 0 , • ,,_ . . -• • I• . • ' (. ,. ATTACHMENT A .. • • 0 f __ -I - • . ' Date February 17, 1998 Initiated By • 0 • <. COUNCIL COMMUNICATION Agenda Item 11 C ii Staff Source " - Subject Resolution declaring the intent of the City to reimburse itself with the proceeds of a future borrowing for capital outlays at the Safety Services Communications Center Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has made public safety a continuing goal. The Safety Services Department operates efficiently only if their communications systems are adequate. The new Communications Center was built to address present and future communication needs. City Council appropriated funds to build the Center in the 1997 Budget and the lease payments in the 1998 Budget. AECOIIIIENDED ACTION Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED The City of Englewood placed a referred measure asking the voters if they wanted to keep the communications operations in the City on the November 2, 1993 ballot. This referred measure passed by an overwhelming margin. On November 7, 1995 a ballot question was placed on the ballot to issue debt for the construction of a new communications center, this question failed overwhelmingly. The City used reserves to build the "bricks and mortar" portion of the center. The cost of the computer and communications hardware and software will be financed by a lease-purchase agreement when the final implementation phase is completed. This resolution allows the City to reimburse itself with the proceeds of a lease-purchase arraignment that will occur after the equipment is delivered, installed, and tested . No alternatives were identified . FINANCIAL IMPACT This action does not directly impact the City's financial condition. ihe total system cost will be $851 ,497. This will be leased over ten years at an annual cost in the range of $115,000 to $130,000. LIST OF ATTACHMENTS Proposed resolution •·· • 0 - • RESOLUTION N0 .1 h SERIES OF 1998 7-f .. • 0 • ,,,:,, A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A FUTURE TAXABLE OR TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES TO BE UNDERTAKEN BY THE CITY; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT ; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH . WHEREAS, the City of Englewood (the "City"), in the State of Colorado (the "State"), is a municipal corporation duly organized and existing pursuant to its Home Rule Charter and the Constitution and laws of the State; and WHEREAS, the City Council of the City (the "City Council") is the governing body of the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to make certain capital expenditures on the Safety Services Communication Center Project (the "Project"); and WHEREAS, the City Council currently intends and reasonably expects to participate in a taxable or tax-exempt borrowing to finance such capital expenditures, said amount not to exceed $851,500; to reimburse the City for the portion of such capital expenditures incurred or to be incurred subsequent to a date which is 60 days prior to the date hereof, but before such borrowing and which is within 18 months of the date of such capital expenditures or the placing in service of the Project, whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys); and WHEREAS , the City Council hereby desires to declare its official intent, pW'!luant to 26 C .F .R . Section 1.150-2, to reimburse the City for such capital expenditures with the proceeds of the City's future taxable or tax-exempt borrowing; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. Declaration of Official lnt,ent . The City shall, presently intends, and r easonably e xpects to finance the Project with legally available funds . Section 2. la,uance of Bonda or Notes . The City presently intends and reasonably expects to participate in a taxable or tax-exempt borrowing within 18 months of the date of the expenditure of moneys on the Project or the date upon which the Project is placed in service, whicheve r is later (but in no event more than 3 years after the date of the original expenditure of such moneys); and further intends to allocate from said borrowing an amount, not to exceed the Reimbursement Amount, to reimburse the City for its expenditures in connection with the Project. ,, - • • C ' - • • • • Sectigp 3. Cgnfjrn,atjon of Prior Act&. All prior acts of the officials, agents and emplo~ of the City which are in conformity with the purpose and intent of this Resolution, and in furtherance of the Project, shall be and the same hereby are in all respects ratified, approved and confirmed . ADOPl'ED AND APPROVED this 17th day of February, 1998. Thomas J . Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Seriee of 1998. Loucrishia A. Ellis . , ' .. • • 0 , __ I 1- J-- ,-• • ·, • .... COUNCIL COMMUNICATION Date Agenda Item Subject Supplemental appropriation and transfer of funds from the Capital Projects Fund and General Fund to the Englewood Environmental February 17, 1998 11 C iii Foundation, Inc. Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed an interest in preserving the Foleys building as a new City Hall for Englewood. This action supports the redevelopment of the building as well as enhancing the City's image . RECOMMENDED ACTION Staff recommends City Council approve the attached resolution transferring and appropriating funds to the Englewood Environmental Foundation. The sources and uses of these funds are : GENERAL FUND: Source of Funds: Unreserved/Undesignated Fund Balance $625,000 uses ot funds : Transfer To EEF for Architect Contract $625,000 FINANCIAL IMPACT This appropriation and transfer will l'9duce the General Fund unreeervedlundnigted fund balance by $625,000. UST OF ATTACHMENTS Proposed resolution . ' • . . ' • • 0 - -- • • • 't, I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1998. Loucrishia A. Ellis ' ' • . • • . , • 0 • i· RESOLUTION NO . 1 rd SERIES OF 1998 ~ • • • A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC . WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain addition.a to the 1998 Annual Budget which were not included in the original 1998 Budget 88 adopted on October 23, 1997, 8UCh funda are to be used for the redevelopment and enhancement of the City's commercial environment; and WHEREAS, the passage of this resolution will allow for the transfer and appropriation of funda for the City Council's goal of supporting the redevelopment and enhancement of the City's commercial environment; and WHEREAS, the Englewood Environmental Foundation, Inc., a separate and distinct corporation, will forward a reviaed budget regarding the proposed uses of the funds ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. 'nle City of Englewood 1998 Budget is hereby amended 88 follows : GENERAL FlJND : Source of Funde: Unreeened/Undeaignated Fund Balance '625,000 U111 pf Fiande· Tranafer to EEF for Architect Contract Section 2. 'nle City Manager and the Director of Financial Senicee are hereby authorized to make the above cbanpa to the 1998 Budpt of the City of'En,lewood . ADOPI'ED AND APPROVED tbia 17th of February, 1998. ATTEST : 'nlom88 J . Burna, Mayor Loucrisbia A. Ellis, City Clerk . , •, r • • 0 , I ]- - • • • I~ . • ' COUNCIL COMMUNICATION DA TE: February 17, 1998 AGENDA ITEM SUBJECT: Miller/Kitchell 11 C iv Prcdevelopment Agreement INITIATED BY: Department of STAFF SOURCE: Roben Simpson , Director Neighborhood and Business Development of Neighborhood and Business De\·elopment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: There has been no previous Council action on this matter. RECOMMENDED ACTION; Staff recommends that City Council accept by motion, the Predevelopment Agreement with Miller/Kitchell . BACKGROUND, ANALYSIS. AND ALTEllNA'[IVU IDENTDJED: The proposed agreement with Miller/Kitchell sets fonh the responsibilities, objectives and time frame within which the predevelopment activities will be accomplished. These activities include the development of a site plan that incorporates TOD elements, is economically feasible, and is tenant supponable. 1bese activities are to be accomplished within 90 days of the acceptance of this agreement. The agreement funher provides that within six months the zoning and entitlement process will be underway and substantially complete. If at the end of this time period, the tenns of this predcvelopment agreement have been met, the City will negotiate the terms of the final development agreement with Miller/Kitchell FINANCIAL IMPACT; The City will contribute 50% of the costs, up to a maximum of SS0,000, for consultants and out of pocket costs during the term of this agreement. If the City enters into the final development agreement with Miller/Kitchell, Miller/Kitchell will reimburse the City for these costs . LIST OF ATIACHMENJS; Miller/Kitchell Predcvelopment Agreement ,,. - ' ' .. • • 0 , "' I • • 0 I• • FEB 05 '98 04:lSFM P.2/4 MIU.ER DEVELOPMENI' RECEIVED FEB O 5 1998 February 5, 1998 CITY MANAGERS OFFICE ENGLEWOOD . COLORADO Mr.GarySNl'I ~~~~ \ Re: Clneerella City Sita (Appax. ~ acraa Including uisting City Hall lite) Dear Gary: \ The supoae d thll letteC' la to Nt that we beliew lhould be Included In the Pred9U91apma,t AgrNnW1t. 9QPM 1. 2. 3. ... _ _. to Cculcil .... plan lhllt includN the ----...... and llrW1 corn.-ildto accan1*hflia ~ lily d r9"Ullr,g partianl d .. axiatlnQ DWIIGP. by Marctl 20, 1-lhlll lt,e City will fflllhod d financing ltw City Hall to~ In..,, way In the Englewood will aclviN Developer · 45 days rA Iha aoape d City tining M miQhC be available to allow Iha Delealoper to preNnt a l'Nliatlc ... plan wilt*, ., approprllte budglt. Develaper will f\milh writtan conflnnltlon d approval d .. prapcad lita plan by RTD, clrWna, and general rwchandillr. and will abta1n ccntlnnatian fl'Clm Miller Del'a ::, ....... , Inc. 2 -DIM..._ llioa ............ CO ID1U ,...,....., <JDS)"""°° PAX. C,OS) """'I ............. ...c:-.......... ... ......... ,,. - •. •· • C - - • FEB 05 'So 04: 20PM Mr. GaryS..... . February 5, 1988 Page3 <. • • • -P .4/4 f. Plana far public lncludlng art, and IV,ag9 pla'I will be campllllli 2. Lettera d lrunt far 70lft retail epaca, includlng cinema (INN) and Genlral Mln:handlNr ), and damMnllltlan In prac111 far ball d ._ ...... 3. City wlll contr1but8 5CN d COit. up ta rnanun d poclcat coa far work dwing ftrlt I monlha. If City with MillerllCltdlell to cornpleta de\11lapment d projlct. Mlll*'IICllclhall far thNe COltl. At. end rA 8 mantha, If llllerll<lll:hlll hal pm1X11111Nt.(arldlr AQrwMnt. MlllarlKltchlll and City ..... - Devllapment AgrNlnlnt tlO oampllll ---nl bell.rem to complell DevllapnllfdMN'I_. d thl PNCl...,.lapment thlllnnlda PartiN nil UM • . • • 0 f __ I 1- r • • 0 I • • -P.2/4 F'EII 05 '98 04: 1 SPM Mill.ER DEVELOPMENT RECEIVED FEB O 5 1998 CITY MANAGERS OFFICE ENGl:.EWOOD . COLORADO *·Gary-- City d EnglNOOd City Manager' MIO South Elatl SlrNt Engi.wood. co 80110-230i1 Re: Clndarella City Site (Apprax. 52 ma Including mdltin; City Hall lite) ONr'Gal'y: The~ d thla lettaf' la to 11t forth thl ....-.. that we believe lhauld be Included In the Predevalapmant AgNenWll IPPIYI QDJECJNE: o.v,1as-wlll pr'INlt m CculCil • 1111 p1an that lnCludN tt.e rnadmMn amo&n dTOD ...... 1w ii IGDIIClfflially fHllall and-- auppa,table. Thi fallowinQ a1P1 wll be CXllllllllld ID~ ttw alljlctive: 1. DellelQPII' will J111rmn thl vilbillty d ~ part1ana d tt1e llllilllnca partdng IINClln. 2. Engle'Maad wlll canllml II» 0..IIQPlt by March 20, 1-lhlt ttl9 City will ua Faley Bldg. • City Hall, and thl fflllhoJ d 1lntrldng ttl9 City Hall prajlct ( ......... Devllaper will be 8lkad ID particlpll8 In 11'1'/ wey In thl 3. 4. flrwlCi IQ). EfVNOOd will aJviN Devel aper wilhln 4'15 daya d ttl9 (OOpe d City fLndlng 1h11 ~ be avlillble 1D allaw Iha Delralaper to praNnt a rNllldc aita plan wiltin an apprapr1lte budg1t. Delfelapet will uniah wrtttan c.a dlnnlllon d approval d thl praptMd 11te plan by RTD, cirWna, and gene,111 fflltchll ldl•, and will obtain confirmation fram Milllr Dow'd09 ....... , Inc. 21-DIM ........ aoo, .......... CO IDlU ,...,.._ CJIIS) 1"4'00 fAXI OIi) """'1 _........__ ... c--.......... .... ........... ' •· • 0 '32 x l -• • • '· FEB 05 '98 04: 19PM P.3/4 Mr. Gary SNrw February 5, 1• Page2 5. tt,e City thal ttw llta plan ldlql.lllely accammodalal ttw City Hall ~llements, Including partcing far City Hall. o.veloper will provide Ccu,cit with • plan for flnlncing baaed on lita plan, Including equity by Develaps, contrtbution by City and praject fliw,clng. 8. COmplM traffic analylia far acceu to and from Project by RTD and alher on lite UNI. 7. Develop IChedule far c:amnwic:ernent of demolition. 8. Approval of llat of l8IWlt catagartel. 9. Prallrninary • plan will inclucle at tt111 ltllge <•> locatlon d any lmpnMmantl to be canttruclld on and off ttw lita, (b) apan apace plan Including parka, tnlill, par1clng plan, and tnlfflc flaw plan, and (C) lntec,atlan with RTD plan. f ... plan and lla•IClng plan II nat IPlft.lN bJ Ccud. O.U1laps wa,.. • nec1111iy and rN1D111t w1t1i1 IO.-(any dllar In Caan:11 ~ wll*' IO day pertacl wlll mind Min dllll b, ~ ... partod). 1. 0.-.lapa will be in ZDfq and •IIIIIM'ailll pra I II (WIii be ovw1llid wlh alts lChedu!N) to include albffllllal d'. .. lulldlng adlrior elevallenl. b. Drainage plan. C. L.andlmplng pan. d. Grading plan. •• Utility relcCllion plan. -. .. , • • 0 - ]- f FEB 05 '90 04:20"1'1 Mr.Gays... 1 February 5, 1988 Page3 f. • • • P.4/4 Plana far pw,llc IIMnillel. including art. and ligl111ge plan wlR be camplatad. 2. Laaan d lntant far 7°" d the Ntail epaca, incl~ dnlma (INN) and Qerw'al MlrdWldillr (p&l'dlaN), and docUMntlllian In prar:1111 far baCh d.,.. ...... 3. City will con1r1but9 ~ d COit, up to malnUft d -.ooo, far canlUltanla and out d pac:lcat cam far work cuing ftrlt I monlhl. If City...,. lnlD 0.U.IIJllmanl ........ with llllerllOlchell to complela develapm111t d prajld, MllllnlClc:hll will NlnlbwN City far thaN COiia. N. n de monlhl. If~ ta PllfmNd Wider t1rm1 ,:1 tt. Plwd11,11.,a1t ""NIMl'lt, MlllrllCltdwll and City wll l'IIQ&iallll In good .... """' d • ... lapment ........ ID ODIIISIIIII ••laprnn olthe Pnljlc:t. ,.... ... UN belt effartl ID ODfflSIIIII DM'llllprlln Agrllffllnt wlhln IO .. ' . . ' ' ' • . , . ! .. • • 0 1 ~2xl - ] • "'~ • , . . • ' <. COUNCIL COMMUNICATION DATE: February 17, 1998 AGENDA ITEM SUBJECT: Citiventure Associates 11 C Agreement V INITIATED BY: Department of STAFF SOURCE : Roben Simpson, Director Neighborhood and Business Development of Neighborhood and Business Development COUNCIL GOAL AND PREVIOUS COUNCQ. ACTION; There has been no previous Council action on this matter. RECOMMENDED ACTION: Staff recommends that City Council accept by motion, the Agreement with Citiventure Associates. BACKGROUND, ANALYSIS, AND ALTERNATJYU IDENTIFIED; The proposed agreement with Citiventure Associates sets fonh the responsibilities of the consultant acting in the role of Owners Represenwive. 1bese responsibilities generally will include : representing the City's interests with respect to the Developer and the Developer's designers, consultants, and contractors; periodic status reports to City Council; review the Developer's site plan and financing plan; and assist the City with the structure and negotiation of the final development agreement. FINANCIAL IMPACT; The fee for these services will be capped at a monthly rate of $12,500. LIST Qf A]]'ACHMEN]'S; Citiventure Associates Agreement . ' • . .. • • 0 I f ~ i ii .• K ~ r If !B I 0 r s ~~ If I ~·, f a·, •· i. I ~ 'i l J· -~ 11 I r l i !I ri ;: ~ ir ~ ; 8 ~ I.... 1 s J f l 'I f4. I ! -1j B ff ff 5 JI n ! fo ·i 11 1;· 1! l · [I· j.~~ ~-I R~ i'~ .i:! ' hr l t l . 't tft rt ' ~ f Bl 1 f s f s I t" f II° BB l a . r ~i I l! ll I I r If i 1 ~ i iJr I ir 1 --~ ._, I al· ~t l [ ,!: J-e=~ ·1 f l J t f l = 0 f i I g !. H JB ! .. t _1 !1 a 1 ~ t l • t I~. ~ m :z: r . \ • 21 -~ ..... :::::0 m , .,. I . . ~ . ~ . ~ , ]- - • • • (, COUNCIL COMMUNICATION DATE: February 17, 1998 AGENDA ITEM SUBJECT: Calthorpe Associates C Vi Agreement INITIATED BY: Department of STAFF SOURCE: Robert Simpson, Director Neighborhood and Business Development of Neighborhood and Business Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: There has been no previous Council action on this matter. RECOMMENDED ACTION: Staff recommends that City Council accept by motion, the Agreement with Calthorpe Associates. BACKGROUND. ANALYSIS. AND ALTERNAJ'IYU IDENTQJED: The proposed agreement with Calthorpe Associates sets forth the responsibilities of the consultant to assist in the development of a preliminary master plan: street sections and parking configurations; and building type studies. The term of this agreement is three months. DNANCIAL IMPACT; Thc fee for these services will be a retainer of $5,000 and charges for time and materials not to exceed $20,000. LIST OF A]]'ACHMENTS; Calthorpe Associates Agreement . , • . .. • • 0 I " I )- • II - • t• • " <' I have encloled our billing rates and terms of payment. We bill monthly on a time and materials basis for those tuks labeJed T&cM. See enclOMd billing policy statement. Expenses are above the T&M billing. Encloaed as part of this agreement is our Billing Policy (exhibit A) and General Conditions of Agreement (Exhibit B) from the AIA 9lalldud contract doaunent 8151 . PlaN call if you have any qmstions. We look forward to working with you.and your team. Yours truly, Peter Calthorpe Calthorpe Asaociates a: Bob Simpeon . • I .. • • • 0 l • r • • ill/ Pnl jc v :\mcbrocoi :\cticle 5 Ownership and Use or Documents 5.1 Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications shall not be used by the Owner on o~er projects. for additions to this Project, or for complebon of this Project by others provided the Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 5.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. Article 6 Arbitration 6.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other maMer, any additional person not a party ·to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law . 6.2 In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim. dispute or other matter m question would be barred by the applicable statute of limitations . 6 .3 The award rendered by the arbitrators shall be final . and judgment may be entered upon it in accordance with applic:ible law in any court having jurisdiction thereo f . • ,- 0 • Termination of Agreement 7.1 This Agreement may be terminated by either party upon seven days· written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 7.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 7.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed to termination date, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.4. 7.4 Termination Expenses include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows : .1 20 percent if termination occurs during the Design Phase, or .2 10 percent if termination occurs during the Construction Documents phase. or .3 5 percent if termination occurs during any subsequent phase. Article 8 Miscellaneous Provisions 8.1 This Agreement shall be governed by the law of the principal place of business of the Architect. 8.2 As between the parties to this Agreement: as to all acts or failures by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate of Payment. 8.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Ne ither the Owner nor the Architect shall assign, sublet or transfe, any interest in this Agreement without the written consent of the other. 8.4 This Agreement represents the enti re and integrated agreement between the Owner and the Architect and supersedes all prio r negotiations, representations or agreements, either written or oral. This Agreement may be amended only by wntten instrument signed by both the Owner and Architect. AlA Do cument B t 5 t Abbrev1a1cd Owner-Archucct A1rccmcn1 • June I 978 Ediu on • •· • 0 , I ·, . <. MEMORANDUM TO : FROM : DATE : Gary Sean, City Manager ., Dan Brotzman, City~ Fellnwy 2, 1998, 1998 , • • • REGARDING: Calthorpe Aaaoc:iatea A,reement. I• The followiq lepl iauea need to be addreaed on the B1151 Policy attachment: • Article 5 -The City bu adopted a policy that all drawinp and ipeCific:ationa n-t to be the property of the City thua, throughout the parqrapb the term "Owner" aeeda to be c:hanpd to ·Architect" and •Architect" to "Owner.• • Article 6 -The City does not subject itaelf to bindin( arbitration u required by Article 6. Tbe City ofEn,lewood participates in mediatiCJD; however, the City doee not waive its right to haft thia matter determined in a Court of law . I would recommend that yo11 strike all of Article 6 and replace it with "Claima, dilputea and other matters in question, between the parties to thia Agreement, arising out of or relatinf to thia Acreem-t or breach thereof ahall be decided in a Court of competent jurildiction. The parties may mutually qree to mediate thia matter.• • Article 7.4 • Aa the qreement ia for time and materiala parqraph 7.4 lhould be stricken in its entirety. • Article 8.1-Aa the City ofEnpewood ia a aubdmaion of the State of Colorado, it ia inappropriate to haft thia matter dewmined in Calif'amia and thua "Owner" lhould be aubmtuted for ·Architect" iD,puqrapb 8.1 . Attachment DB/nf . ' • . ' ... , • • 0 , I - • • • 0 • MEMORANDUM To: DANIELL. BROTZMAN, .EsQ. (VIA 'JELECOPY) FROM: H. MICHAEL Miu.ER, EsQ. RE: CINDEllELLA CrrY DATE: FEBRUARY 11, 1998 In addition to tbe lepl i.11::ms memioDed iD your Memo of February 2, 1998, I bave one commem to Mr. Caltbolpe' s leaei-of January JO, 1998. I believe we sbauld try to daiify lbe respoasibilitie belween tbe project udli1ect (local an:bilect) wl Cabborpe a I CDDPdtanr Calthorpe will be caUal upon {O provide advice. a probleaHOMf Oil --wbich lbe .... will submit to him. The purpose for Ibis commrnr is a c:oacem dllt lbe projea can oaly have one prim:ipal arc:bileet. If we have two an:birecu, bodl prepariDg drawillp. wilboul a c:lar delineation of rapcmibilily, I believe tbcre is pas poeenrill for whtdwnJ dday aal p.obk:ms in reconciling aay coafticts. I am particuJarly c:oocerned aboul tbe descripliom ia Tab B 111d C ia Ibis reprd. Tbe 9CCODd ICIIICIR of Tait B COlllaDplallel lbal a Mlllll:r Pim will be dewiopld widl •mpua from the Ci(Y's team and Developer." Does dlis c <+«:olpla dial Caltborpe will develop the Maler Plan and tbe local architect will provide iapul? Similarly. in Task C. be iadic:1ws dm a set of typical street scctiom will be drawn and critical Jlll1aD& c:oafipralica 111d layOUIS will be shown. Who will have tbe primary respomibili(Y for these drawinp md layouu? I suuest that ia Calmorpe·s Apecmem. Cahborpe acbowledse dm tbeir ii a projca an:bi=t.. mat Callborpe will mist the project arcbita:t in problem-lOlviaa • ffllllllllled, 111d will review tbc project arcilitect' s layouts and drawings as requesaed, and make sugestions and recommrmanons. .... • '. •· • f 2X ,, -• . ' - 0 -~ . . ... _· ----. ~ UOtfj~;;/q ~-1-w~~qff!J-~~~~~~ _;2~~ ~---- ~,3. ~~-'6~ ~------ (!JJJ_: ------ ------ • • --~ • ,• .. " . . . I· , • 0 • - 0 - ) • • I · • . • '• I ; .. _(;-. -, r, ' • . - • 0 - • • ,, - ... ... • ' 0 I~ • )----- • • •· • C ..... - I tr. '' -1 l.l f 7. - > • • -- • • ,, - 0 - . . . I· , • - ) • • • ,~---- 0 :. - ----~ ----__ @-,;::tu~~ ~ -- Q) --l ~.; ----~·--. --, r,~~ - ---~ --~ -~ ---- ~ --?J ~~~~ - _. ·~ ~ ~ • • • • . . . . I . . , - •• ,,{. I ------- -- ------ • • ----- ----• ~ . -- --. ... • 0 :. • -- -~-- -~ . -. I· f • C - ) • • • • , . • .. --~ L .. l},J,(M~ {'1-h ,, Ct;Yk_ y~ ',-/-~ ~ AGENDAFORTHE '"'/~ ~ /)/!'~GUI.AR MEETING OF '/1/ rJJl.ll1: ~ ~ L (Y/1).., THE ENGLEWOOD CITY COUNCIL ~~~ ~ -TUESDAY, FEBRUARY 17, 1998 ~ ~~t=-----r 7~PM ~~¢ 2. Invocation. 1'7~ Pledge of Allegiance. ~ 3 . 4. RollCall. '7 ~ 5. Minutes. tlfl' f/-Da . Minutes from the Regular City Council meeting of February 2 , 1998.~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ 7 . ~~~~t<f:'11mtr~rpresenta;0to five minutes.) 1.... &SS-- 8 . Communications, Proclamations, and · . uJ/ a . Letter from ~ ~. indicating her resignation from the Englewood Public 1_0 Library Board. ~ /lf(l.t,1.ld/iL-b . Letter from Ed 5ou11iW!t i~ _!lis resignation from the Englewood Urban .,-; 7 7-[ Renewal Authority /61UAJ,W . Rur;/1: ~~,~appointing Carol Bett to the E~rban Renewal Authority.~ t1el-ti6!J~F ----'~-u-......:r M~~~-"'~"---IP-fr- 9 . 7lic:earing. ~-fr~<f:J • • PINNnoll: Nyou..,.e dS111blltJendnNd-,allle••--. ....... ..., .. Cllyelll ... •OOd o (7112-2411) Ill 1Net41holn ln ..... cl ................... ,,..,... . . l - • • ,,_ 0 , . • Englewood City Council Agenda February 17, 1998 Page2 10 . Consent Ageoda. 1!1.~ fl j J-1; a . Approval of Ordinances on First R ding ----- c. i . Council Bill No. 8 -Plecommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #136 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Col.n::il Bil No . 11 -~ecommendation from the Utilities Department to adopt a bin for an ordinance amending the Englewood Municipal Code regarding reimbursement for water and sewer main extensions . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. , • Approval of Ordinances on Second Readin 7-0 It-// i. Council Bill No. 1, amending the Engl Walls, and Visual Barriers . Municipal Code regarding Fences , ii. Council Bill No. 9 , approving a building lease at 2909 South Broadway. Resolutions and Motions. ff 11 . Regular Agenda. a . Approval of Ordinances on First Reading . b . c . i. Counail 1111 No. 12 ~ecommendation from the Department of Public Works to adopt a bill for an ordinance revising truck route designation on West Union Avenue and to set a pubic hNring for March 16, 191ii'to gather citizen inp on this issue . STAFF SOURCE: Chuck Esterly, Director of Public App~f Ordinances on Second ~eading . Resolutions and Motions . iii . Recommendation from the Department of Financial Services to adopt a resolution apprf')Ving a supplemental appropriation and transfer of funds from ..,.....tt,e Capital Projects Fund and General Funds to the Englewood Environmental Foundation , Inc. STAFF SOURCE: Frank Gryglewlcz, Fl Serv ' PINN : • have and need auxlllary llids or W'Vlc:N, plNN notify Ille Clly of l!uglewood (712·24CII) al INst 41 hours In advance of when NrVicN ......... Thmk you. ...... .. ~ ni • 0 r • ,. - • I ]-• • I• . • ' '· ·' a . Mayor's Choice . b. Council Members' Choice . 13. City Manager's Report. tj.. Englewood Center Update. i• 14. City Attorney's R~ Adjournment. ~ i:4f~ The following minutes were transmitted to City Council between 1/3CW8-2/12/98: • Englewood Firefighters Pension Board meeting of January 9, 1997 • Englewood Joint Pension Board meeting of February 18, 1997 • Englewood Urban Renewal Authority meeting of December 3 , 1997 • Englewood Housing Authority meeting of December 10, 1997 • Englewood Clean , Green and Proud meeting of January 13, 1998 • Englewood Planning and Zoning Commisaion meeting of January 20, 1998 • • 0 ....... ..-: .,_ ..... « ta, ... _.r F tala••A111, ....... ..., .. CIIJ_, ..... •• (112-MOl)at .............. .._ ..................... ,....,... , ~• - • • • - " NORWOOD llcFARLANQ Professional Window Washing for Apartments, Stores and Restaurants 2290 Vallejo St. Englewood, CO 80110 ' I• • • 0 ' ' •. .. • • 0 - - .. • • • .. • March 2, 1998 Regular City Council Meeting "' -. • I