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Home My WebLink About1998-02-02 (Regular) Meeting Agenda]- • • ,~ • '· • REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1998 ORDINANCE f /, /,6, 17, 18, 19, 20, 21, 22, 23 RESOLUT-,(y, 5" _~K, ~r ~ Jc,° W, W, U"; K;" 'l°,l(t., ~>r~rS-r· _3" ~ µ-; ~v, )15. ~ r,.fi.·2v3~,< ~ 33JJ4./ ~ y{, ~ ~ ~ ',( ,d'; 43, 44, 45, 46, 47, 48, 49 . , • . • .. 0 • •· • 0 ,. • J - - • • • • • . . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Fellrury 2, 1"8 I. Call te Onler The regular meeting o(the Englewood City c.ouncil WIS called IO order by Mayor Bums at 7 :3S p.m. 2. .._.._ 3. 1'Wae fll Alle&i- Tbc Pledge o( Allegiance -led by Mayor Bums. 4. a.uc.n Present : c.ouncil Members Nabbolz, Clapp, Oam:tt, Bradsbaw, Habeaicbt, Wqgoncr, Bums Ablent: Nooe A quorum was praeot. S. Mi.ta Alto preaent : City Manqcl' Scars City Attomcy Broczman City Clat Ellis DiRICIDr Ellerty, Public Worb Plwlillg A....-Daulillg. tlelpt lll1lood ... e.iaal new:iai- Dmli9a CIiia v---. Safely Semces DiRICIDr 5uapma. NcipllortloDd ad 8-iw De\weelol a,.-.• RccrcllioD Scmlles MIIIIIIF' ........ Director Black. Parb ad Recnmoa (a) COUNCIL MDRD aRADSBAW IIIOVU. AN9 IT WAS SECONHD, TO APPROVE TBE MINUTIS OF THE REGULAR MUTING OP JANUAltY It, 1"'- Motion carried. 6 . Ayes : C4unci1 Members Nabbolz. Oam:tt, Bradlllaw, Hlbaliclll., Wqgoncr, Clapp, Bums Nays : None <•> Recognition oCthe 1991 MetJOpolitan Mayors ud Ca ·--Yam Awanls ~- ·. . ' • . .. • • 0 - - En&lewood City Council Fcbnaary 2, 1998 Pap:2 <. • • • Mayor Bums commented that each resolution would be read in its entirety and he invited Roscoe Davidson, Superintendent of Englewood Schools and Kathy Christie, 1 • Vice President of the Englewood School Board, to join him at the podium for the presentations. Mayor Bums invited everyone to attend the reception afterwards honoring the nominees. Council Member Habenicht opined that it was really important to recognize that this award celebrates and honors the work that these young people have done, with the suppon syslcms they have been able to develop, to really make a diffcrcnce in their lives, and in the lives of the people around them. She staled that they will hear, in the Whcras', that there arc some really interesting and difficult situations these kids have overcome . There arc adversities that we will hear about. But, she noted, this is not an award that ccldnles adversities or difficulties, but the spirit these young people have shown to overcome them. Mayor Bums llatCd that the nominees can go on from this award level to a county level and nominees from each county go to a special awards banquet . (i) As Ms. Banning was not here yet , this resolution was addressed later in the mcding. Sec peflC5 6 and 7. (ii) A resolution supporting the nomination of Ronald Chavez for the 1998 Metropolitan Mayors and Commissioners Youth Awards was considcrcd. The resolution was read in full. RESOLIJTION NO. 5, SERIES OF 1998 A RESOLIJTION SUPPORTING 1lfE NOMINATION OF RONALD CHAVEZ FOR 1lfE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUllf AW ARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (ii) -RESOLU110N NO. 5, SEaas OF I,_ Molioa carried . Ayes: Council Members Nabllolz. Gamtt, Bradsbaw, Habenicht, Wagoacr. Clapp, a... Nays: None (iii) A resolution lllppOfting die noeiNlion of'Chrysalis M. Daniel for the 19911 Metropolitan Mayors and Commiaioncn Youth Awards was ClOlllidcnld . Tbc resolution was read in full , from the third Whereas. RESOLIJTION NO . 6, SERIES OF 1998 A RESOLU110N SUPPORTING 1lfE NOMINATION OF CHRYSALIS M. DANIEL FOR 1lfE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUllf AW ARDS . COUNCIL MEMaER HABENICHT MOVED, AND IT WAS SECONDO, TO Al'PltOVE AGENDA ITEM 6 (a) (iii) -RESOLUTION NO. 6. sumo, 19'1. Ayes : Council Mcmbcn Nabllolz. Gamtt, Bradlbaw, Haba1ic11t., Wagoner, Clapp. Burm •. ' ' •. • • 0 , I ]- • • • .,., • '· ~ City Council Fdlrury 2, 1998 ... , Nays : None Motion curied. Mayor Bums a,ngratulated Ms . Duid 111d praented her with a backpack and other items. (iv) A resolution mpporting the ~on of Matthew J . Dower for the 1998 Metropolitan Mayors and Commissioacrs Youth Awards ,ns considen:d. 1be resolution was read in full , from the fowth Whcras. RESOLUTION NO. 7, SERIES OF 1998 A RESOLUTION SUPPORTING 11fE NOMINATION OF MATilfEW J . DOWER FOR 11fE 1998 METROPOLITAN MAYORS AND COMMISSIONERS Yotmf AWARDS . COUNCIL MEMBER IIAIIENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (iv)-RESOLUTION NO. 7, SERIIS OF 1998. A,s: • Council Members Nabholz, Garrett. Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Mayor Bums congratulated Mr. Dower 111d preaenled him with a backpack and other items. (v) A rcsolutioll lUppOltiJlg the ._inllion olMicllael Fulton for the 1998 Mcuopolitan Mayors 111d Commillionen Youtll Awards-COllliclen,d. 1be rcsolution -rad in full, from the fourth Wbcras. RESOLUTION NO . 8, SERIES OF 1998 A RESOLUTION SUl'PellTING THE NOMINATION OF MICHAEL FULTON FOR 11fE 1998 METROPOLITMI MAYORS AND COMMISSIONERS Yotmf AWARDS . COUNCIL IIDIKR ILUENICIIT MOYD. AND IT WAS UCONHa, TO APPllOYE AGENDA ITEM 6 (a)(~) -RDOUJTION NO. I. aam5 OP 1998. Molioa carried. A)'CS : ~ Mellllerl ........_, 0.... Bnlllllaw, H1111eaic11t, w...-,.a...,e.r. Nays : .._ Frank Hammoad, Englewood High Scbool Principal, aa:epled die NWiMion OIi llis bdlalf . (vi) A resolution supporting the nomiMion olToai Galqos (or tbe 1998 Melropolitan Mayors 111d Commissioners Youth Awards -cwida'ed. The reaohltioa -read in ftdl, ..,_ die fourth w.... RESOLUTION NO. 9, SERIES OF 1991 •. ,, -. , ' ' • • 0 • ]- - • • • • ... En&lewood City Council Febnary 2, 1998 Page4 A RESOLUTION SUPPORTING THE NOMINATION OF TONI GALLEGOS FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOtrrn AW ARDS. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (vi) -RESOLUTION NO. 9, SERIES OF 1'91. Motion carried. Ayes : Council Members Nabholz, Ganat, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Mayor Bums congratulated Ms. Gallegos and presented her with a backpack and other items . (vii) A resolution supporting the nomination or Benjamin Grimsley for the 1998 Metropolilall Mayors and Commissioners Youth Awards was ClOlllidered. The resolution was read in full , from the fourth Whereas. RESOLUTION HO. l0;-6EIUES OF 1998 A RESOLUTION SUPPORTING THE NOMINATION OF BENJAMIN GRIMSLEY FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS Y<>Urn AW ARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (vii) -RESOLUTION NO. 10, SERIES OF 1'91. Motion carried. Ayes : Council Members Nabholz, Ganat, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Mayor Bums a,ngndlllated Mr. Grimsley aad praenlCd him with a backpack and OCher items. (viii) A laolution supporting the nomination of James Heath for the 1998 MetropoliWI Ml!,url aal Commissioners Youth Awards was comidcrcd. Council Member Habcaichl asked that the laolutioa be read in full from the !hint Wbcras. She apologized for wa\'Cring ~ the !hint and fowtll Wbcras. But. she noud. she is trying not to be repditive and tWting with the third Wbcras is not being n:petitive. The laolution was read in full. from the third Wbcras. RESOLUTION NO. 11 , SERIES OF 1991 A RESOLUTION SUPPORTING THE NC>MINATION OF JAMES HEA 11f FOR 11fE 1998 METROPOLITAN MAYORS AND COMMISSIONERS Y<>Urn AW ARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (Yiii) -RESOLUTION NO. 11, SERIES OF 19'1. Motion carmd. Ayes : Council Members Nabbol z. Ganat, Bradshaw, Habenicht, Wagoner, Clapp, Bums Nays : Nolle ,-. , • . .. •· • 0 f ~"' ~ I Enzlewood City Couacil Febl'llary 2, 1998 Paces • • • Mayor Bums amgratulated Mr. Heath and presented him with a badcpact and other items. (ix) A resolution supporting the nomination of Veronica Lara for the 1998 Metropolitan Mayors and Commissioners Youth Awards was a>nsiclerm . The resolution was read in full , from the third Whereas . RESOLUTION NO . 12, SERIES OF 1998 A RESOLUTION SUPPORTING 1HE NOMINATION OF VERONICA LARA FOR 1lffi 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOlmf AW ARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) {h) -RESOLUTION NO. 12, SERIES OF 1991. Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums .• Nays: None • Motion carried. Mayor Bums amgratu1ated Ms. Lara and presented her with a badcpact and other items. ---,,_ (x) A resolution supporting the nomination of Verina McNurlen for the 1998 Metropolitan Mayors and Commissioners Youth Awards was considered. The resolution wu read in full, from the third Whereas . RESOLUTION NO . 13, SERIES OF 1998 A RESOLUTION SUPPORTING 1HE NOMINATION OF VERINA McNURLEN FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOlmf AW ARDS . COUNCIL MDIIIER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (a) -RESOLUTION NO. IJ, SERIES OF 19'1. Ayes: Council Members Nabbolz, Garrett, Bradshaw, Habeaicht, Waggoner, Clapp, Bums Nays : None Mayor Bums a,agnlhllalcd Ms . McNurlen and praentcd her with a badqllck and other items . (xi) A resolution supporting the nomination of Wesley ~ for the 1998 Metropolitan Mayors and Commissionen Youth Awards was considered . The resolution was read in full , from the third Whereas . RESOLUTION NO . 14, SERIESOF 1998 A RESOLUTION SUPPORTING 1HE NOMINATION OF WESLEY MOORE FOR 1HE 1991 METROPOLITAN MAYORS AND COMMISSIONERS YOlmf AWARDS . . ' • . • • 0 J- - • ---------;. • • ... E•&lewood City Council Febnuary 2, 1998 Pqe6 COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (D) -RESOLUTION NO. 14, SERIES OF 1'91. Ayes: Council Members Nabholz, Gamtt, Bradshaw, Habenicht, Wauone,, Clapp, Bums Motion carried. Nays: None Mayor Bums CODPIWJated Mr. Moore 111d Pfl*nlcd him wilh a backpact 111d other ilems. (xii) A raolutioa 1Upportiag lhe nominatioo of Crystal S. Thorson for lhc 1998 Metropoliran Mayors and Commiaioacn Youth Awards was considered. The raolution was read in full, from lhe third Whereas. RES0LlmON NO. IS , SERIEs OF 1998 A RESOl.lmON SUPPORTING nm NOMINATION OF CRYSTALS . THORsoN FOR 1lfE 1998 ME'l'ROl'OUTANMA YORS AND ~SSJONERs YOUllf AWARDS . COUNCU. 111:Mal:R IIAHNICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (Di) -Rl:SOLVTION NO. 15, SERIES OF 1'91. Aya: Council Members Nabholz, 0amtt, Bradshaw, Habenicht , Wauoocr, Clapp, Bums Motion carried. Nays: None Mayor Bums COllpllluJatcd Ms. Tborsoa 111d Plaenfed her wilh a backpact and other ilcms. (xiii) A resolution IUpportiag lhe nominatioo o(Nicole M. Trujillo for lhe 1998 Metropoliran Mayors 111d Commiaioacn Youth Awards was COllliclered . The raolllbOII ..... ia fill. fnlm lhe tllinl Whereas . RESOLlmON NO. 16, SER1Es OF 1998 A RESOLunoN SUPPORTING TifE NOMINATION OF NICOLE M. nunu.o FOR TifE 1998 ME1ROPour AN MAYORS AND COMMiSSK>NERs YOU'Jlf AWARDS . COUNCU. Ml:MHR HABENICHT MOVED, AND ff WAS 51:CONDD, TO Al'PlloVE AGINDA ITIM 6 (a) (Iii) -Rl:SOLVTION NO. 16, SERJa 0, 19'1. Motion carric:d. Aya: Council Members Nabholz, Garrett. Bflldsbaw, Habeaicht, Wauoocr. Clapp, Bums Nays : None Mayor Bums CODcntuJakd Ms . Trujillo and ~ her wilh a backpact 111d other ilems . (i) A resolution IUpporting lhe nomi1111ion o(Tilfany Banning for lhe 1998 Mctropotillll Mayon and Cnmmi9ioaen Youth Awards W11 COlllidaod. The resolu1ion was read iJI full , from lhc third Whereas . . , • • • 0 f _ -I ]- En&tewood City Council Fdlnary 1, 1991 Pa,:e7 RESOLITTION NO. 4, SERIES OF 1998 • • ,. • A RESOLlITION SUPPORTING TIIE NOMJNA TION OF TIFF ANY BANNING FOR TIIE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOU11i AW ARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (I) -RESOLUTION NO. 4, SERIES OF 1991. Ayes: Council Members Nabholz, GamU, Bradshaw. Habenicht. Waggoner. Clapp, Bums Nays : None Motion carried. Geri Hocl,cs. one of Ms. Banning's Englewood Studenl Option PIOpam tcacbers, aixie,ted the oominalioll OIi her behalf. • •••• Mayor Bums thanlllCd Mr. Davidson and Ms . Christie for assisting with the praenWion of the awards and ukcd for the audience to give these wonderful young people another ruund of applause. (b) Brief Reception C-ouncil n:a:ssed at 8 :05 p.m. for a bridrecc:ption honoring the 1998 Mclropolilall Mayors and Commissioners Youth Awards nominees . The mec:ling was RICOIM:Ded II 8:10 p.m . with all C-ouncil members praent. Mayor Bums tbanbd ~ for participating in the reception ud again offeRld bis aJllgnilUlllioa to the nominees . ••••• Mayor Bums explailod tlla(, with ec-cil'I pcrmillion. he waald be llkiDg an ilan OUI of Older II this point . He IIIMllll1hal Public Worts DiRIClor Cbuct Ellcrty ud Enginc,eriDg Ma-., Ra Kalua llave ukcd 10 mallc a brief praealllioa IO C-ouncil on the lltallll of the IIClcaion of archilects for the Foley 's building. Director Ellaly llalal they waaled to brid Council oa .,.._ we arc lllilll wilh the IXllmlltam IIClcaion . They receiwld ..,...a& rn. CID-l!aals OIi .1.-y t 9" aad iavited -difJen:lll ardlitec:II IO llllllnit pRIINmls IO die City. They med for pnipcmls 6-Micbad Balllcr An:bitocmre. Bcnnell. Waper .t. Grody. Eric Bal1aak An:bilCICU. The Allnid An:bileCIUral Group, Fisher ANOCilkS, David Owen Tryba An:biiau aad CLC ANOCiala, Iac. He adviml lhll of the-firms. one of the finm ... Micbad Balllcr. witlldmw. Two other ft,-... Beuea. Waper .t. Grody aad Eric BalU2lk An:bi1ocU. weal IOldhcr ud IUbmiaed -.,....a. So, be said, they ru:ejyc,d • IOlal of five pn,poals. They wall through a IClecuoa procas with a selcction ICam. which includes hilllldf, Ra Kahm. Gary Scan. rq,rcscnting the City Manager's off"ICC, Jenell Black rq,rcscnting the Cultural Ans Commission, Tamara Wolfe rq,reaenting the Coun, Hank Long representing the Library and Harold Stitt rq,raealing community clevelopmenl. They have been negotiating with the archilCICI which was selected. He noted the group was in favor of Tryba Architecu. However, the fees for this projccl arc well over a half million clollan. At this point in time, be advilcd, they have negolillCld about • far • they can wilh their fina choice of architccU, Tryba. He noted they arc not IUl'C they arc rally ready to spcad the diffen:nce in COIi for him and what IOIIIC of the other archilCICII migbl COIi II this point in time . Actually . be advilcd, Iller • . ' .... ... • • 0 I - ]~ • l'.a&lewood City COIIIICil Fdtnary 2, 1998 Paiel ·, • • t• • this week the selection committee will be getting back together and talking over really bow much they like the architect they are negotiating with right now and if they believe they are wonh what the difference in fees is for the project. So, be advised, they will be coming back to Council very soon with a recommendation of who they are going to select. Director Esterly noted that be just wanted to keep Council posted that that is moving ahead right now and things are actively going on right now . He said be would be glad to answer any questions. Council Member Bradshaw asked about lbc half million be was talking about. Director Esterly explained that lbc fee for lbc architect is numing over half a million dollars right now . Ms. Bradshaw asked what lbc fee covered. Mr. Esterly advised that that is just lbc fee to design lbc project and lbcre would be additiooal fees if we were to engage them during the construction phase. Either totally as a c:onstnaction manager or as an advisor, lbcre ClOUld be two different ways to do it. Council Member Waggoner said then that would be for the prepandion of plans and specificatiom to rehab lbc Foley's building into lbc City Hall, Court and Library facility . Director Esterly said that was correct. Council Member Habenicht said and the cultural facility . In respOIIIC to Maya-Bums, Director &1crly advilled that, dq,endiag on who lbc other architccl is that you migbl 911 wida, the spread is about SIS0.000 in what lbc fees would be for lbc various firms. He OOIIUIICllled that that is a significant differmcz . And, be noted, lbcre is a significant differena: in lbc firms and lbcir appueot aativity. Director Esterly said they have to weigh bow much value they provide for that additional COit . Thal is Dlldhing lbc committee will be considering. City Manager Sears commented that Mr. Esterly might al111 want to DOie that pan of lbc proposal ... which be opined. Mr. Esterly did a really nice job on ... calls for a kind of initial review at 60 or 90 days. where we don't expend die entire-. of money until they kind of Ft lbc go ahead . He noted be thought it was .,od to show die full picwre, but there is. at leasl. that preliminary look at that building. Director Esterly adviled 11111 they are ,qotiating with them about the total fees, 111 we all have a handle on what we are Ffling into and what this is really going to COit us . He DOied that, as Council may remember, one of the firms they didn't sdecl, BartCDk ArchilelcU. did, in about a week and a half. an evalullion oflbc building and said they didn't find any falal flaws in lbc buildillg. At this point in time. be said, one of lbc firsl thinp the aewwdli1cct would do would lie lo review 11111 work and then 911 in and do their own wort .. ~ -time lootillg al the plans. raauring tbellllelwl 11111 diere ii not a falal flaw to the project that would really drive the COit up and make it i.mpnlctical to proceed. So tbal would probably happen wben they are only about 10% of the way through the plam. Mayor Buras qimioeed lbc IIOUICC of fllllds to pay for the fees. Director Esterly Slaled thal the 110U1CC of the fudl is wllalever IIIUICC of fuDdl we care lo aaign to them. Al this point in time the IIOUICC of funds bas DOI been idclllified. be adviled. but the General Fund would be a likely IOUltlC. City MauaP" Sears advised that they have kind of talked in icn. ofbolh the racrve fund and a desipaled raerve fund and al111 lbcre were funds Id aside in this yean budFf to remodel the c:oun. So thoae two -of fuDdl would. be opined. be identified as the two they would probably come back to Council with. Dira:tor Eslerty Slaled that lbcre is • signiflCalll amount of funds in the PIF and one of the 1a1011S we go1 into this project was bccaUllc we were going to spend a large amount ol money. IIIOllly out of the PIF and 10111C out olthe Capital Fund. to make improvements to City Hall . And. ifwe proceed with this, we would DOI do thoae impnM:meall to City Hall. But. actually, the funds IICled to approprialed and it would be a supplemental . bccaule they have never been assigned lo this project before. . , .. • • 0 Ea&lewood City Couacil Febniary 2, 19911 ..• , .. • • • Mayor Bums asked if there were any Olber questions. There were none. He thanked Director Esterly. Mr. Esterly advised they will keep Council up to date. 7 . Noa-tChcduled Viliton (a) Olga Wolosyn, 3210 South Lincoln, Chairman of the Cultural Ans Commission, advised that she was present with fellow members of the Commission to show support for the resolution recommending annual funding for III an ill public places program ill Englewood. She noted that the Commission is currently ilMlhed in 'Mlffllll OD two pn,jecls. One is to replace the staluc Ill Dry Creek Plau and another is 'Mliting with the an II the -. poup to put in place, and aJIDllliMion, 111 original art work thll -.Id sit in the windlcna. Ms. Wololya c,nm!DC'llled that a program lille this -.Id be a grcal. abriaul booll lO the IUCCllll(W coaplctiaa ofthele two pn,jecls. In ,-ral. she api-a, the C-i,... appn,c:illcs CounciJ'1 Cllllllidenliol of a role for the ans in their plans ror Eaglcwood's f'lllun:. In fact. she DOied. one melllber feels tllll the i-ge of this resolution -.Id sipify a true rmailPDOC in Eaglcwood. (b) Marvin Hall, a propcrty owaer ud business owner at 2800 South Ellli Sba:l. advilcd that he liamished ta City Clert widl a leller, ud caough a,pics for Council, regarding his views on the W1h Eaglcwood .... -iedc'l.clop-plaa. He RlqUmcd that the letter, with his vicM, be made pan of the official record of the mmiDg. Mr. Hall opined that it is an urgent issue thll dclcnu Council's immcdialc lllalliaa. Patiaps, lie aid, .. Ille elld of the meding Council aJUld, durillg dlCir ,-ral dilCUllion, open this lllp tbr -ddenninllion toaigbt. He noted if they read what he paSRd out they will ICIC 1h11 he thinks it is Uf'Flll. He said he can't my for the end of the IDClding. Council Member Bradlbaw alled ifhe-• residcal of Englewood. Mr. Hall advised thll he is DOl a resident. bul he is• property owacr, laxpaycr and...._ owner . 8. c, r fcWIMN, Prechn t'NI _, A•••••· 11 COUNCD. Muaat CLAl'P MOVED, AND IT WAS UCONDIED, TO PllOCLADI TIU MONTH OF .._UAllY, 19'1 AS vrnaANS OF JOUIGN WAIIS MON111 IN HONOR OF oua !ENGLEWOOD V,W POST J22, 65,. ANNIVIEIISAltY. Molion carried. Ayes : CounciJ Mclllbcn Nlllllolz, Gama. Bradsllalw, iw-ic:ht, Waaaacr. Clapp, Bums Nays : ,,,_ Mayor Burns praealCd the p,ocla!Dlliaa to Troy Bracben, VFW Pull Comnandcr and Men Roth, VFW Ladies Auxiliary President. ••••• Mayor Burns advised that nex1 WC U\'e 8 series of resolulions -..,illliq various mcmbcn of the community to our boards and ~-He DOied thll twice a year Council intervicM people for these board and commission pollS and he though! WC had upwards of 100 of them . (b) A resolution -..,iDliq Laurdt Bamntinc to the Englewood Liquor Lic:aliq Authority was c:onsidcn:d . ·. • t . . .. • • 0 ]- - • • • .. The l'CIOlution was assigned • number and rad by tilJc : RES0Ltm0N NO . 17, SERIES OF 1998 A RESOLUTION APl'OrNTING LAUREIT BARRENTINE TO 11fE LIQUOR LICENSING AUTHORITY FOR 11fE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMaER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (II) -RESOLIJ110N NO. 17, SElllES OF I,,._ Motion carried. Ayes: Couacil Members Nabholz, Gama, Bradshaw, Habenicht, Wagoner, Clapp, Bums Nays : ~ (c) A l'CIOlution appointing Bill Belt to the Englewood Retirement Board wn coasidcrcd. The l'CIOlution wa assigned • number and rad by tilJc: RESOLtmON NO. 18, SERIES OF 1998 A RESOLtmON APl'OrNTING BILL BELT TO 11fE RETIREMENT BOARD FOR 11fE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'l'ROVE AGENDA ITEM I (c) -RESOLUTION NO. 11, SERIES OF ,,,._ Motion carried. Ayes: Cauncil Members Nabholz, Gun:tt, Bradshaw. Habcnicbt, Waggoner, Clapp, Bums Nays: None Mayor Bums presented die l'CIOlution, • cutific:ate and City pinto Mr . Belt. (d) , klelolution ,appointing Billy Douglas 10 the Eaglewood Planning wl 2.oning Commillion -coasidcrcd. The l'CIOlutioo ,ns lllSigned • number and rad by tide : RESOLtmON NO . 19, SERIES OF 1991 A RESOLUTION REAPl'OIN11NG Bill. Y DOUGLAS TO 11fE PLANNING AND WNING COMMISSION FOR 11fE CJ'JY OF ENGLEWOOD, COLORADO . COUNCIL MEMaER aRADSHAW MOVED, AND IT WAS SECONDED, TO Al'l'ROVE AGENDA ITEM I (I) -RESOLUTION NO. 19, SERIES OF ,,,._ Ayes: Cauncil Members Nabholz, Gama, Bradshaw. Habcnicbt. Waggoner , Clapp, Bums Nays : None Motion carried. Mayor Bums presented the l'CIOlution, a certificate and City pin to Mr . Douglas . .. ,- • I .. ... • • 0 , J- - • • • • h&lewood City CINlncil Fdlnaary 2, 1991 ••11 (e) A resolution appointing Don Edwards to the Englewood Clean, Gm:n and Proud Commission was oonsiden:d. 11le resolution was assigned a number and read by tide: RESOLUTION NO . 20, SERIES OF 1998 A RESOUJTION APPOINTING DON EDWARDS TO nm CLEAN , GREEN AND PROUD COMMISSION FOR nm CITY OF ENGLEWOOD, COWRADO. COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (e) -RESOLUDON NO. Je, SElllES OF 1,,._ Ayes : Council Members Nabholz, Ganat, Bradshaw, Habenicht, Wagoner, Clapp, Bums Nays : None (f) A'ft911111tion appoi!Ming Kalberine Fischbach to the Englewood Code Enforcement Advialfy c-iaee -coasidelecl. RESOLUTION NO . 21 , SERIES OF 1991 A RESOLlITJON APl'OIN'J1NG KATIIERINE FISCHBAOf TO nm CODE ENFORCEMENT ADVISORY COMMJTJ'EE FOR 11ffi CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMaER IIAaENICBT MOVU, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (f) • RESOLUTION NO. 21, SEIIIU OF 1,,._ Motion carried. Ayes : c-iJ Members Nabllolz, Ganat, Bradshaw, Habeaicbt, w..-. Clapp, Bums Nays: Nae Mayor Bums plaealecl Ille raalulioa. a catifica Md Cily pin 10 Ms. Fischbach . 11le resolution was assigned a number and 11::.1 by tide : RESOLUTION NO . 22 , SERIES OF 1998 A RESOLlJTION REAPPOINTING MARGARET GIFFIN TO nm PUBLIC LIBRARY BOARD FOR nm CITY OF ENGLEWOOD , COLORADO. COUNCU. MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (I) • RESOLUTION NO. 22, SERIES OP 1,,._ Ayes : Council Members Nabholz, Ganat, Bradshaw, Habenicbt, Wagoner, Clapp, Bums Nays : None --------. .. • • 0 f __ I - ] • • • Ea&9ewood City C.ac:il li'ebnaary 2, 1998 Pqe12 Motion carried. ,. Mayor Bums prcseoled the raolution, a cenific:ate and City pin to Ms. Giffin (h) A raolutioa appointing Jill Gilbcn to the Englewood Clean, Green and Proud Commission -aJIISidercd. The raolulion was lSligned a number and rad by title: RESOUJI10N NO. 23, SERIES OF 1998 A RESOLlmON APPOIN11NG JDl. GR.BERT TO 1llE CLEAN , GREEN AND PROUD COMMISSION fOR 11IE CITY OF ENGLEWOOD, COLORADO. COUNCD. MDOIUl WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I(') -RESOLUTION NO. 2J, SERIES OF 19'1. Aycs : Council Members Nallllolz, Ganat. Bradshaw, Habenicht, • Wagoner, Clapp, Bums Nays : None Motion carried. Mayor Bums praated the raolution, • certificate and City pin to Ms . Gilbert. (i) A raolution rappoillling Krislca Gillmoa to the Eaglewood Clean, GRICII and Proud Commission -aJIISidercd. The raolutioll -aaigned • IIUIDber and rad .., title : RESOLtmON NO . 24, SERIES OF 1998 A RESOUmON REAPPOIN11NG KRJS1EN OILLMON TO 1llE CLEAN . GREEN AND PROUD COMMISSION fOll111E CITY OF ENGLEWOOD, COLORADO . COUNCD. MEMKll WAGGONIUl MOVED, AND IT WAS SECONKD, TO AffllOVE AGENDA ITEM I (i) • HSOLUTION NO. :M, S&IUES OI' 19'1. Motion carried. Ayes : Council Members Nabllolz. Cianat. Bradsllaw. Habeaicht, w...-. Clapp, e.r. Nays : None (i) A raolution rappoillling Allllia Gomes to the Englewood Parb and Rccmition Commiaion was aJIISidercd . The raolution -asigncd • number and rad by title: RESOLlmON NO . 2S , SERIES OF 1998 A RESOLlmON REAPPOINTING AUSTIN GOMES TO THE PARKS AND RECREATION COMMISSION fOR THE CITY OF ENOLEWOOD , COLORADO. . , •. .. • • 0 '-I - - • • • l. £aclewoed City CCIIIIICil Fellnuary 2. 1991 .... 13 COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (J) -RESOLUTION NO. 25, SERIES OF 1"'- Motion carried. Ayes: Council Members Nabbolz. Gamtt. Bradshaw. Habenicht, Waggoner. Clapp, Bums Nays : None Mayor Bums praenled the raolution, a certificate and City pin to Mr. Gomes. (k) CXllllidc:n:d. A raolutioa rappointing Matt Guy IO the Englewood Water and Sewel-Board was The ,-lalion -...... number and re.s by title: RESOLU110N NO. 26, SERIES OF 1991 A RESOLtmON REAPPOINTING MA1T GUY TO 11fE WATER A.ND SEWER BOARD FOR 11fE CITY OF ENClt.EWOOD, COLORADO . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (k) -RESOLUTION NO. 26, SERIES OF 19'1. Motion carried. Ayes : Coaacil Members Nabbolz. Gamtt, Bradshaw, Habenicht, Wagoner, Clapp, Burns Nays : Nolle 0) ':A raolution appoillling Deborah Lalhram to the Englewood Planning and .l.oning Comrniwioa w OOlllidcrcd . The resolution --gned • number and re.s by tide: RESOLtmON M0.17, SERIES OF 1991 A RESOLtmON APPOINTING DEBORAH LA111RAM TO 11fE PLANNING A.ND Z.ONING COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO . COUNCIL IUIISD WAGGOND MOVED, AND IT WAS SECONHD, TO APl'llOVE AGENDA ITEM I (I) -USOUJ110N NO. 27, SDUa 0, 1"'- Motion carried. Aycs : c-:il Melllbcn Nlllllolz, Gama, Bradlllaw. Habeaiclll, WagDIICI'. Clapp, Bums Nays : None Mayor Burns praenlCd the raolulion, a certificate and City pin IO Ma. l...aduam . (m) c:omidenld. A resolution reappointing Jo Lay 10 the Englewood Eloc:tion Comrniwioa w The iaolulion --gned • IIUlllber and re.s by tide : RESOU1110N NO . 21, SERIES OF 1991 .. • • 0 - - • Eapewood City Cwacil · Fdlraary 2, 1991 Pqe14 • • • A RESOLUTION REAPPOINTING JO LAY TO 11fE ELECTION COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a) -RESOLUTION NO. 21, SERIES OF 1"8. Motion carried. Ayes : Council Members Nabholz, Garren, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None (n) A rcsolution appoinling Sandy Marvin 10 die Englewood Clean, Green and Proud Commission -Clllllidcrcd . The resolution -assigned • number and read by tide: RESOLUTION NO . 29, SERIES OF 1998 A RESOLIJTION APl'OIN11NG SANDY MARVIN TO 11fE CLEAN , GREEN AND PROUD COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a) -RESOLUTION NO. 29, SERIES OF 1991. Motion carried. Ayes : Couacil Members Nabbolz, Garren, Bradshaw, Habcnicbt, Wagoner, Clapp, Bums Nays : None Mayor Bums praeated die rcsollllion, • certificate and City pin to Ms . Marvin. (o) A rcsolutionappoinling Virginia McIntosh to die Englewood Board of Adjuslmmt and Appeals -COlllidDRIIL The rcsolution -assigned • munber and read by tide: RESOLUTION NO. 30, SERIES OF 1991 A RESOLUTION APPOINl'ING VIRGINIA MclNl'OSH TO 11fE BOARD OF ADJUS1MENT AND APPEALS FOR 11fE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEM•ER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (o) -RESOLUTION NO. JO, SERIES OF 19'1. Motion carried. Ayes : C4unciJ Members Nabholz, Garren, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays : None Mayor Bums presented die resolution, a certiflCllle and City pin to Ms . McllllOlb . {p) A resolution rappointing St-Neyer to die Englewood Pub and Rccrc:atioa Commission -considmd. •. '' .. • • 0 ]- Eacfewood C ity Couacil Febnaary 2, 1998 Pace 15 <. • • • The ~lotion was assigned a number and read by title: RESOLlITION NO . 31 , SERIES OF 1998 .. A RESOLlITION REAPPOINTING STEVE NEYER TO 11fE PARKS AND RECREATION COMMISSION FOR 11fE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (p) -RESOLUTION NO. 31, SERIES OF 19'1. Motion carried. Aya: Council Members Nabbolz, Ganat, Bradshaw. Habenicht, Wagma, Clapp. Bums Nays : None (q) A resolution appointing John Louis Partinson to the Englewood Public Library Board was considered. The l'Clelutioa was assigned a number and read by title : RESOLlITION NO . 32 , SERIES OF 1998 A RESOLlITION APPOINTING JOHN WUIS PARKINSON TO 11fE PUBLIC LIBRARY BOARD FOR 11fE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PltOVE AGENDA ITEM I (41) -RESOLUTION NO. 32, SERIES OF 19'1. Motion carried. Ayes : Council Members Nabbolz, Ganat, Bradshaw. Habenicllt, Wagma, Clapp. Bums Nays : None (r) •• ._.... appointing Douglas Rininger to the Englewood Planning and Zoning Commission was considered . The rcsolutioo was assigned a number and read by tille: RESOLlITION NO. 33 , SERIES OF 1998 A RESOLlITION APPOINTING DOUGLAS RIN1NGER TO 11fE PLANNING AND ZONING COMMISSION FOR 11fE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (r) -RESOLUTION NO. 33, SERIES OF 19'1. Ayes : Council Members Nabholz. Ganat, Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Burns pn:sentcd the resolution, a certificalc and Cily pin to Mr. Rinia,cr. .. ., • • 0 , - En&lewood City Couacll februry 2, 1991 Page 16 •, (. • • • I'. (s) A resolution appointing Tim Tucker to the Englewood Code Enforcement Advisory Committee WU considered. The resolution was assigned a number and rad by title: RESOLl!nON NO. 34, SERIES OF 1998 A RESOLl!nON APPOINTING TIM TIJCKER TO 1llE CODE ENFORCEMENT ADVISORY COMMITIEE FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCll. MEMSER IIASENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (1) -RESOLUTION NO. U. SUIES OI' 1"'- Motion carried. Ayes : Council Members Nablialz, Gam:ll, Bradshaw, Habenicht. w.,._., Clapp. eur. Nays : None (t) "' A«llllllion appoillting Mitch Waldman to the Englewood Parks and Recreation Commillion was ooasidcrcd. The resolution was assigned a number and rad by title: RESOLl!nON NO . JS , SERIES OF 1998 A RESOLUTION APPOINTING MITCH WALDMAN TO 1llE PARKS AND RECREATION COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCll. MEMSU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (t) -RESOLUTION NO. J5, SEIUES Ot' 1"'- Ayes : Council Melllben Nabbolz, Gam:ll, Bradlbaw, Habenicht. • Wqgoaer, Clapp, Bums Nays: None Motion carried. (u) A Rmlutioll appointing Cliff WeillbcrJcr to the Eaglewoocl Downtown Dew1opmcnt Authority WU ClOlllideied. Tbc Rm!Ulion -....... .....a.er ud rad by title: RESOLl!nON NO. 36 , SERIES OF 1998 A RESOLl!nON APPOINTING CLIFF WEINBERGER TO 1llE ENGLEWOOD DOWNTOWN DEVELOPMENT At.mlOlllTY. COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I(•) -RESOLUTION NO. J6, SEIUES OF 1"'- Ayes : Council Members Nablialz, Gam:ll, Bnllllllaw, HallCllidll. Wagoner, Clapp. Burm Nays : None Motion carried. . , • ... • • 0 , • Englewood City Council Febnaary 2, 1998 Pase 17 • • , . • ... (v) A resolution reappointing Carl Welker to the Englewood Planning and Zoning Commission was considered. The resolution was assigned a number and read by title : RESOLUTION NO . 37, SERIES OF 1998 A RESOLUTION REAPPOINTING CARL WELKER TO 11iE PLANNING AND ZONING COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER IIAaENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (Y) -RESOLUTION NO. J7, SERIES OF 19'1. Motion carried. Ayes : Council Members Nabholz, 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 Heari•I (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON AMENDMENTS TO THE ENGLEWOOD MUNICIPAL CODE REGARDING FENCES.WALLS, AND VISUAL BARRIERS. Ayes : Council Members Nabholz, Garrett.. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing opcacd. All testimony -gi¥al under oath . Planning Assislant Brad Denning stated he is with the office of Neighborhood and Business Dcvelopmcnt. He submitted for the record Proo( ol Publication of Notice of Public Hearing, which appcaml in the Englewood Herald on January 9, 1998. He advised that staff' requests that City Council oonsidcr testimony during this public hearing on the pn,poa Englewood Comprehensive 7.oning Ordinance ammdmcnt. Sechon 16-4-17, to revise existing fcna: and wall standards in the City of Englewood . The proposed ordinance, he noted, is an implementation SlCp for the cooccpts, strategics and actions contained within the South Broadway Action Plan . This ordinance, he explained, is an effort by Englewood to rcdcvclop the entire City ol Englewood derived from the South Broadway implcmcntation process . The ordinance is a result of recommendations from residents, the business community . the Chamber of Commcra: and others. Staff is focused on following certain orientations or policy areas to improve the current ordinance . He stated that those arc. pedestrian oriented. to protect the safely of people on the streets, which is one of the most important objcct.ivcs, thereby identifying and defining a more comprehensive explanation of a strong sight distance triangle, to provide greater sc:curity for the business community and to ooasidcr a more acsthctically pleasing upcct of fencing, as well. He stated staff" believes they have found a common ground. a balance among these iaucs and others. in the ordinance being pn:scnted tonight. Mr. Denning pointed out that the moa notable provisions for coasidcnbon arc visibility, closely resembling the current ordinance, but with additional standards spelled out and height ' ...... "' - •· • 0 , - Ea&kwood City C•acil l'eltnary l, 1998 ••••• '· • • • SWldlrds. which have been generally incn:acd to provide ICCUrity and safdy. He advised that staff is available for questions prior to the public bearing. Council Member Waggoner noced that under clllllcs of fenoes, under lllltCrials, there is a lot of rcfcrcncc to a high quality brick, high quality metal, high quality steel , high quality malerial . He said he is amfuled by the term high quality. He asked Mr. Damiag how he would cldinc that. Mr. Denning stated that relaaivdy speaking it clcpcnds on the individual, but we aR loaking al mataials that have changed OYer time. Such u the new vinyl and plaslics that aR out there. So, be noted. high quality is obviously a perception and it would be cliflicult to define. Council Member Waggoner pointed out that he bas 1CC11 -wood that doesn't look to be \'Cl)' high quality. for illlWICC when you get rough aat cedar. Precisely, Mr . Deaning said. Mr. Waggoner quesliooed whdher that is IOlllelbing they need to address before they pall the ordinance. Mr. Deaning advilod that they aR looting al new maaerials. IO if IO!DC'tbing is rq,laced it ii DOt rq,laced with ........ i. thal has been lying around. He CXIIDIIICllled that there -- ,-. in di8'en:nt areas that aR patehed with a wridy of differmt lllalerials. so you --1 different deligm or typeS in one fence. It malies it look like a patehwork, piecemeal type of fence. Mr. Waggoner noted thal -if you me cedar, ooce Waler sprays on cedar ii llal15 changing color and ., when you rc,i.:,c a board OIi dial you get a nice, bright. shiny new cedar board and until you spray -water on ii it doesn't get IDie 6c ane color. Mr.'4>aming lgn,cd thal it has a aatvnl aging process. Council Member Waggoner advised that the other queslion be bad was under electric fence, Cius 7, WOYCD wire. He said be knoM theft aR some people that wiU bury an electrical wire in order to control a clog with a collar. Mr. Waggoner asked ifthal would be consic1en,c1 a fence . Mr. Denning said no , that he bclieWld the Planning and z.oniag O!mminioo determined that was not a fence, that ii was 11111e of a clog id-.1 ralriction. So, be advilDtl. it is not aJlllicleral a fence, in this regard. Council Member Habenicbl mbll if this atldreacs things like bars on windows. Mr. Deaning said no. COUNCIL MUDD WAGGOND M0VD. AND IT WAS SECONDED, TO CLOSE TIii: l'IJ9UC IRA.alNG TO GA.111Dl INPUT ON A.IRNDUNTS TO TIii: ENGLEWOOD MUNICIPAL CODE BGA.IUNJIIG nNCa. WALLS, AND VISUAL IIAUll!IIS. 'Ayes: Comd Members Nabbolz. Gam:tt. Bradshaw. Habenicbt.. Waggoner, Oapp, Bums Nays : None Molion carried and the public bearing~. ~ Bllrm advilod thal ii is Council's alllOm that they do not vote on the onlillaace the amc nigh& they ha\'C the public bearillg. 10 . C--A..- (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (Sec A,cnda Item 11 • Regular Agenda.) (b) Approval of Ordinances on Secoad Reading COUNCIL MEMSU WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PIIOVE CONSENT AGENDA ITEM H (It) (I) ON SIECOND u:ADING. • • 0 • • • .. ... Eqlewood City Couacll Feltrury 1, 1"8 P•19 (i) ORDINANCE NO. 14, SERIES OF 1998 (COUNCIL BILL NO . 2. IN'JRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AtmtORIZINO AN INTERGOVERNMENTAL AGREEMENT EJom11.ED "GRANT OF CITY DITOI RIGKT-OF-WA r BETWEEN 11IE ENGLEWOOD HOUSING AlJJHORJTY AND 111E CITY OF ENGLEWOOD FOR 11IE PROPER1Y KNOWN AS 3400 SOlITH SHERMAN. Nays: Council Members Nabllolz, Gama. Bladsliaw, Habaaiclit. Wagoner, Clapp, Bums None (c) Raolulioas and Molioas COIJNCO. MDmEa WAGGONU MOVED, AND IT WAS SECONHa, TO APl'llOVE CONSENT AGENDA ITDIS It (c) (I), (ii), (W) ud(lv). (i) RESOUTl10N NO. 38, SERIES OF 1998 A RESOLUTK>N ESTABLISHING FEES FOR AUTO SALVAGE AND RECYa.ED MATERIALS YARDS UCENSES UNDER 1111.E 5, CHAPTER 10, OF 11fE ENGLEWOOD MUNICIPAL CODE 1985. (ii) RESOLtmON NO . 39, SERIES OF 1998 A RESOUJT10N AMENDING SECTION 6 OF 11fE CITY MANAGER'S AOREEMENT . (iii) RESOUmON NO. 40, SERIES OF 1991 A RES0Un10NoESTABLISHING 11fE ANNUAL SALARY FOR 11fE CITY ATJ'ORNEY FOR 111E CALENDAR YEAR 1998. (iv) RESOLUTION NO. 41 . SERIESOF 1998 A RESOLUTION ESTABLISHING 11fE ANNUAL SALARY FOR 11IE MUNICIPAL COURT JUOOE FOR 11IE CALENDAR YEAR 1998 . Vatereadb: Ayes : Council Members Nabllolz, Gama. Bl'lldlblw, Habcaicbt. Waggoner, Clapp, Bums Nays : None Motion carried. II . (a) ' ' ' . .. . , •. "' • • 0 • • - • Engkwood City Council Febniary 2, 1991 Pace20 • • • (i) A rcoommendation from the Department of Safety Services to adopt a bill for an ordinance approving a building lease at 2909 South Broadway to serve as a Community Policing Subslation was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. t. COUNCil. BILL NO. 9, INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AUTIIORIZING 1llE LEASE OF A PORTION OF A BUILDING LOCATED AT 2909 SOUTH BROADWAY BY 1llE CITY OF ENGLEWOOD . City Manqer Scan lldvilcd that Division Chief Tom Vandcrmcc was present to address any questions. Mayor Bums ated Mr. Vandcrmcc to comment on the pRJPC*d ordinance at little bit, for the record . Mr. Vandcrmcc advised that the rcoommendation is that an ordinance be passed to enter into a lease for the property al 2909 South Broadway. The use oCthe building will be as a subslation for the Department o( Suety Services police division, ud it will house the impact tam and the community relations function . He aolOd they mo uticipete the building will be uscc1 for sma11c:r neighborhood type mcctinp and wou1c1 -• way beneficial function in the COIIIIIIWlity by making C\al -available the street officers, the palJ'OI officers, as Mil as the impact tam ud the community rdalions function . Council Member Bradshaw complimented Mr. Vandermce on this innowtive idea and opined it is really a step in the right direction. She Slated she really appreciates all their effons . Mayor Bums DOied that it is a ra..uble cllaage oC use for that location. Council Member Nabbolz agreed lhlll it is and nolCII that it is long OYel'duc . Couacil Member Habcaiclll llalod, for the record. that Couacil does IIOl ~ • lo( to dilCUIS here because they did dilam it .. • ltlldy --and the regular C«-:il meetillg two MCks qo. And. she -IDl'llfNI . she tllouglll all oCCouacil w lln,agly lllppOltM. Mayor Bums agreed. MOlioo carried. Ayes : Council Members Nabbolz. 0armt. Bradshaw. Habeaicbt, Waggoner, Clapp, Burns Nays : Nooe (b) Approval oC Ordinances on Sec:ood Reading (i) Couacil Bill No. 99 , approving an ameadmenl to the Englewood Municipal Code reprding truh --1 -considered . COUNCIL MEMalER WAGGONU MOVIED, AND IT WAS SIECONDIED, TO APPROVIE AGENDA ITIEM 11 (II) (I) -COUNCIL 81LL NO. tt. Council Member Habenicht COIIUIIC8ICd dull she has pn,blbly bad more calls, more CO!DIIICIIII ud has been lltoppCd in the grocery llOR. on the SlRld and what ~ you, on tllis onlinaacc more lhaa oa any Olhcr for • long time. She opined evel)t,ody wuu to ICC the FCJd dull can -o( tllis onlinaacc, bul other people are really conccmed about Rlqlliriag dull ~ do --with • priVlle sia-. nm they can perhaps do it thcnnclves. Ms . Habeaidll aid she .......... a lol o( the COIICfflll dial a lol o( ... • • , - Enskwood City Council February 2, 1998 Pace21 • • • the citizens have will be addressed in a forthcoming licensing ordinance. She asked if that is correct . City Attorney Brotzman advised Council has already passed the licensing ordinance. Council Member Habenicht asked when Council is supposed to take into account the concerns 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 bow they are dealing with that. Ms. Habenicht statcd she would like to have that addressed. Because, she advised, that is one of the major issues people bring up. Council Member Nabbolz opined that the way the Commission viewed this is as a code enforcement tool. She noted, as Council Member Clapp stated, it is like having car insurance, wc arc not going to be Slopped, unless wc arc doing something wrong, to prove that wc have that insurance. She maintained it will not be like wc arc using our code cnforccmcnt department to go out daily and check to sec if each one of us bas a trash n:moYal ICl'Vic::c . If the trash lllaJ1S to accumulate in the alley or in the front of the house, then the code caforccment officlcr bas that right to be able to go to that door and say "do you have a liocoscd trash hauler in your name." And, she advised, there won't be any, quote unquote, enforcement unless it becomes a problem. Council Member Hlllcaicbl asked if Council Member Nabholz thought there would be any problem with the coercion on the part of say, a trash hauler, to tract down people who don 't have trash hauling. Son of forcing them into spending their money. Ms . Nabbolz said no, she did not think so, not if they arc property having their trash ranovcd. She noted, as Dan Brotzman said, it could be a neighbor removing their trash . Council Member Clapp said that. as she understands it . wc arc not going to be heavily policing this, we arc not ll)ing to be looking into records, we not going to be asking for records . 1bat the only time it woa1d become an iauc is if tbcrc is a problem or a oonccrn al tbll partiaala, address. Ms. Clapp stated sbc has really l1naggled with this one. but she really does believe dial wc need to give code enforcement die tools 11111 tlley need to carry out cnfon:emcnt oe-oC our code violalions. She statcd it bas bClea a QmCICl'9 of hen for a long time through her comtitucnt5. SIie said sbc C1U1 tell Council that. almolit MICikly. Ille FIS -kind of a code mforcrmait a.1C111. WMdler ii be IDWfbiag she ~ to paa on • -type of illlormation piece. She stated the cnf~ part rally bothers her and she did gee with _. Cily AtlOnley ud she undcntanlls that mniugb the Code Ellfortancat Advisory Comminec they will be 1oatiag. -,MDdecriminali7.C that. move tbat bwanl. SIie llalCd WC CIUI look • odlcr ways to eabge diis ill tllC future if necessary . So. she said.. tlllS time Ille wo.id rally have to., with it. ~ Mealier Bradshaw statcd that she really appreciala tllC dlon of tllC Clean. CiRm and Proud Ca ·...,. SIie said she bas a problem with this, 11111 she reaUy tJliab the laws tbal wc al,ady have on die boob CIUI wen, if they arc cnfOftlCd properly. She advllCd tllal , baled OIi the citi7.Cn iapul she m:ffl'Cld. she will be voting agains1 this. Council Member Gam:u advised tbal he came in lcaniag toward VOlUlg for it, but be would probably be voting apiml it. He saatcd it is a split ililllC, I difrlallt i-. ad it IS righl OIi either lidc ud howl> be could come down . But . he noted, after he hcard a>D1C ofthe ~ from the public bcaring ... they dealt with trash in the alleys, they dealt with trash cans in the •'IOIII places ud people pulling trash in dumpaen ... that he doesn '1 tbink tbis will IOI~ thole: problems . Becalllc , be noted, wc are not Finl to be knocking on doors. If IOllldlody is ll)ing to awid this ~ ud ~ to put trash in a busa- dumplter. wc will never know . If their trash cam are too far out in the alley, this won 't do it either. He staled tbcrc is really only one illllaDCe where the ~ 1atif1Cd m. tbcrc w an ,co•nil•ion of trash, and he tbougba thcrc WCR odlcr code mfon:emcnc 's m. wc CXJUld do. He said hc w t,ying to think of altalllli\U wc can do and one of them is tluuugb code enforcement. on m. alllllDinec they will try to think of other tbings. The other thing is whether wc C1U1 have an cnfoniement -=bani-after you have • • • • C , - - En&lewood City Council Febnaary 2, 1998 Page 22 • 0 - had a violation. Whether at that point the City could make some kind of requirement that you have mandatory trash pick up for a period of time, after you have had a violation. 111at, be noted, is another alternative, but be did not know whether we could do that. He said it is one be would put to the City Attorney. Mr. Garrett stated be just thinks this one is slightly beyond for what be has heard from people that we need, that we might look at other alternatives. Council Member Waggoner opined that those issues are exactly the same issues Council heard in 1995, when they told the Clc:an. Green and Proud Commission to study the problem and come back with a solution. The Commission worked on it, had a lot of meetings and, he pointed out, this was a group of citiz.cns, not a group of Council people, but a group of citiz.cns. that actually had the hearings and went through all the process and this was the best that they could come back with. So, be stated, be would guess be would have to respect their ability to really take a look at what is needed in the City to clean it up and to take into consideratioa the same questions that Council got at the public hearing. Mr. Waggoner advised that be definitely wiU vocc: yes for it. Council Member Nabholz stated that the Clc:an. Green and Proud Commission. as Mr. Waggoner said, has litUdied this since 1995 and careful, careful consideration and input was given and there was a lot of bard work on the part of* Commission. She noted 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 they did and didn'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 they weren't making people take their trash cans to the froal of the house, lhat they weren't mandating one licensed trash hauler. It was basically to have people have trash removed. So, she &aid, 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 staled that be tends to agree. that they put a lot of work into this. He adrnowledged that there may be other things that need to be enforced too and Cooncil Member Gamu made a good point there. But if the Code Eafonlemeal Advisory c-iuee can come back with 10111C additional things that may need Cllfon:enalt. be said. be doesn't think that means you don't pass this oac:. Mayor Bums opined dial this is 1111 important fi ... IICp IIJld because of the way lllis is ll)ing to be eafon:ed be felt comfor1able widl it and woaJd be \'Otillg for it. Council Membertllbenicht stiled she still did not know quite how she was ll)ing to vote, as it is such a difficult one for her. She opined that there are timing issues inwlved, that she docs support the Clc:an. Green and Proud Commission . She maintained that this has been one of the most diff"ICU!t issues they have ever faced. Ms. Habenicht noted that from the very beginning she 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 bunlen to citizens, not an onus upon citizens ... but a way to provide a service to the citizens in an equitable way . Ms . Habenicht staled that she has been told time and time again. by members of the Clc:an. Green and Proud Commission, that this is the fi,. 11ep toward getting a community trash hauling program in place. She said she is not sure that everybody undentands that ... that this is the fi,. 11ep toward getting a community trash hauling program in place. The logic here, she said. is that if you make it uncomfortable for people so that they have to have it and pay for it anyway, that when we come in with a program that allows them to buy into it at a cheaper ra1c to have it all over the City, that it will be less onerous 10 them. She said she would guess that she has felt from the very beginning that if that is what we are really going to do that we should bite the bullet and do it all at once and be clear on what we are doing. Ms . Habenicht commented that she feels that by doing ii in thi s piecemeal approach is a lot like pulling olfa bandage ... a little bit a11 time and huning and hurting and huning. She DOied she wished she didn 't have to vocc: on this becaUle she wants to support the Clean, Green and Proud Commission, but she truly believes thal if we do this we should do it all at once and we should have a comprehensive program to place befcn the public that they can buy in&o , as a community, ., I· • 0 , hclewlNNI City Colllldl Fdlnary 2, 1991 ... 23 (. • • • • • and not just prepare them for the next 51cp without really letting them know that is what the next 51cp would be. She said their guess is as good as hers, that she docs not know bow she is going to voce when it comes time . Council Member Clapp stated she would like to share that she bas no knowledge of any proposals at this time to go to one carrier. And, she said, if that sboulcl come forward. at this time, she would have some serious aJDCCr1II about that, that she docs not support monopolies. Ms. Clapp IIIJled that she SCCS this more as a bcalth isme for our City and she docs know that mmc areas of our City are getting a little out of band with cx,mpoll piles and things like that and pa1laps they would utili7.e a trash pick up if they had it She ralenlal she jult wantccl to llafe, for the record, that she bas DO ~ of going to one trash carrier. Council Member Nabbolz aaed Council Member Habenicht to c:orrcct her is she was wrong, but that what she is hearing is that after three years of charging Clean, Gn,en and Proud Commission with the task of coming up with mmcthing like this, that she -bean her saying that basically -as Council na:d to design a program . Ms . Nabbolz opined that after three years of hard wort and many, many voluntccr hours, that what she is hearing the majority say is DO, or it is not enough. So, she said, she thinks this is where they, as Council, -S 19 bile the bulld. Council Member Habcnicbt said she would guess that she na:ds to say that all the wort tllll bas gone back and forth ... and Council bas lent it back and foltb to the Clean, Green and Proud Olmmillion ... and Ibey m-e CIIIIDC up with this as the wry bell blush tllll can come Olllo it ... seeing tbat -will address, through code cnforocmcnt .... and she will tJUst tbat that will happen, that -will be rapouliblc in the enfora:menl of this, that we aren't just giving a liccmc to trash haulers to farce people IO lllba:ribc to tllcir ICMCel ... she noted she bas UUltCld before and been chagrined ... but, she would mac this • vole of 111111 aad wte for it. Couacil Maata Bradlbaw aid that wbca * -elecled to Council, aad tllis 1185 come up before, that ID!lldi-slle caa 11111 YOte her opinioa, thal she ...a vale Ille opillioD of Ille people she iepraeats. She llaled dial ii ...... VCllc of., ..--. Ml. Bndlllaw ... dial • ially lppnlCialca .... Ille Clcu, Gfsa aad Plwd C-i '191185 ... But, slle .... slle allll dub tllll it is ID coar.ing OU1 ~ people arc jail tali6ed ... MIil tliil ii 11U1 IO do . Aad 6-Ille illplll she recciYed she would have to wtc DO. Vote realCII oa appnwal ti: ORDINANCE NO. IS SERJESOF 1997/1991 (COUNCll. Bll.l. NO. 99) AN ORDINANCE AMENDING Tl1U: IS, CHAP1B 2. Ellm11.ED TRASH. JUNK AND SALVAGE , OF 11-IE ENGLEWOOD MUNICIPAL CODE 191S . Ayes : Council Members Nabllolz. Habenicbl, Wagoner, Clapp, Bums Nays: Council Mcmben Gamtt. Bradlhaw Motion carried. • •••• Dircc1or SilllplOII staled tbat his pn:aallalioll would be lillcllt toaiglll as Council llas had thae tine intcrpenuneDtal qrecmcnts. ~ Items 11 (b) (ii), (iii) and (iv), before them prmously. He noted thal Cberyl St Clair was pracnt tonigllt to address any qucstiom or coacerns Council may have . Mr. ' . ' • • • 0 ]- - En&tewood City Council Febnaary 2, 1991 Pqe24 (. • • • Simpson advilCd that staff bas met on these illues and they feel comfonable with them at this time, based on the input they have received, and they would still recommend approval. Council Member Habenicht advised that she still has so many questions and she would like to rcquesl that Council postpone Agenda Items 11 (b) (ii), (iii), (iv) and (c) (ii). City Manager Sears advised that the Housing Authority is scheduled to meet with Council on February 17°'. He suggested Council consider this at that meeting. Council Member Habenicht DOted tbal sbe -suggesting Council just postpone and tben ii could just come forward when ii is approprialc. SIie said sbe -not suggesting a date certain. City Allorney Bromnan advised that if sbe -pClllpOaing it. sbe should really set it for a date cenain, bul if sbe - 8l)ing to 1able it. sbe couldjull lable it COUNCIL MEMBER BAaENICBT MOVED, AND IT WAS SECONDED, TO POS11'0NE AGENDA ITEMS 11 (It) (II), (Iii), (Iv) aN (c) (II) TO MARCH 2, 19'1. (b) -(ii) Housing Audlority. Council Bill No. 4, an lnlcrgoycmmental Agreement with the Englewood (iii) Council Bill No . S, an lntergoYemmental Agreement with the Englewood Housing Authority reprding Community Dadoptnent Block Grant funding. (iv) Council Bill No . 6, an lntergoyemmental Agreement with the Englewood Housing Authority regarding Project Build. (c) (ii) A l"CIOlulion tJud'enillg fimdl f10m the Project Build Fund to the Geaera1 Fund and CDBG Fund. Council Member Bndlbaw llaled she: -really dilllpll ci..S that Council -throwing this met and delaying things for the Housing Audlority and she: hoped tllcy would aa:iep1 bcr apologies. She advised that sbe is ~ rally IO VOie Oii lbelll lOllight. Ms . Bradshaw noted sbe -on the Housing Authority and ~ Char inside infonmlion gives bcr difl'erail insight. But, sbe stated, she does apologi7.e to ltaffbecaulc: sbe knows this has been a ltJUggle . Directing bis rcquelt to Director SimplOII. Council Member Garrett DOted that in the Project Build and COBO agreemen11, the contracts are both terminable. and he med tbal he sepanle the allocation al the met of them. He maintaillCld it would be easier to led al them indiviclually, their CCIII factors, • far as the allocation. They are combined. he said. bul you oould tcnninafe either one and tben you are sort of stuc:k with the allocations. Mayor Bums a,mmenlCld that this -brought up al the Study Session earlier and he talked about it, but he can 'I talk about it now, becaulc: be is on the Housing Authority at the present time, as well u City Council. So, he said. he can't diSCU11 it or vote on it, exccpc to lbltain. Vote-"'•..._ te ,...,_: Ayes : Council Members Nabbolz, 0arrcu. Habenicht, Waggoner, Clapp Nays : Council Member Bradshaw Ablwn: Mayor Bums Motion carried . '• .. .. • • 0 - Ell&lewood City CINIIICil 11ebnaary 2, 1991 Pqe25 <. • • • Mayor Bums advised tbal this matler is continued to March 2nd. but will be discussed at the mcding with the Housing Authority on Tuesday, February 1,-. He commented that Monday, February 16.., is a holiday, so Council's regular mcc:ting will be on Fdmaary 1,-. (c) Resolutions and Motions (i) RecrealioD Services Manager Gary Hultberg pn:scnted a recommendation from the Cultunl Arts Commiaion to adopt a resolution recommending annual funding for an Arts in Public Places Program. He noted Council bad an opportunity to disam this pn,poal at Study Session on January I~. The n,commcndcd funding ICIUn:c would be 1%oflllc General Fund Capital Projects. He adviled tbal funding would be appnMd by Council action through the annual budgel process and the first year of funding would be 1999. ne resolution -amped a number 11111 rac1 by title : RESOLUl10N NO . 42. SERIES OF 1998 A RESOLUl10N RECOMMENDING ANNUAL FUNDING FOR AN ARTS IN PUBLIC PLACES PROGRAM FOR 111E CITI' OF ENGLEWOOD. COUNCIL MEMBER IIASENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 42, SERIES 0111991. Council Member Bradshaw said she wanlCld to congratulate Council Member Habenicht on bringing this to fruition . Molion carried. Ayes : Council Mcmbcn Nabholz, Gumt. Bradshaw, Habenicht., Waggoner, Clapp, Buns Nays : None (ii> This Agenda Item -addreaed udcr 11 (b). Sec Pa,e 24. 12 . Gmenl ....... (a) Mayor's Choice 1. Mayor Bums thaaked Council Member Bradshaw ud C.ouacil Member w.,._-ror their help in ,qntiating with Saudi Suburllu Palb ud RecrealioD Dillrict in trying IO reach a l'CIOlulioa of the difficulties with the Comenlone project . He advised wc rccmed a ldla f"rom them. aftff their board mcding lat Wednesday . Mayor Bums opined wc are on a pretty good counc: to reach a resolution or tbal problem. He said he tbilllks tbll is terrific. 2 . Mayor Bums apprccialcd Council's considcraaion on the iaue of the Meua Mayor's Caucus . He saatcd he will try to cany on according 10 their wishes reganting the potential chairmanship or that body ror the next year . (b) Council Member's Clloice (i) Council Member Nabholz : . , • .. • • 0 , En&tewood City CINlncil li'ebnaary 2, 19911 Pace26 •, • • • I. She Slated she has some oode enforcement issues thal she can put in writing to City Manager Scars. One. she nolcd, is at 3101 South Elati . 2. Regarding the Gothic Thcaler, she advised she has bad four calls on that in this week alone . The boards have been knocked out and the doors have been smashed in . She maintained ii is n:ally looking bad. Ms. Nabholz said she doesn't know what we need to do with Mr. Allen, but that we need 10 5lart imposing something upon this owner. 3. She advised there is a hoU9c at Comdl and Bannock that really needs to be cleaned up . She said she cannot find the address on this, whether it is a Bannock address or a Comcll address. Council Member Bradshaw lllbd ifit bas been cleaned up, that she thought they had staned. Council Member Nabholz CXIIIIJIICllled that she WU just by it today, IO she wanted to know if that WU considered clc:an. She was advised that they were cited and they have swted to clean it up. 4 . She stated that in today's Denver Poll there was an article written by Angela Cortez, ~steely raclion to plan" and in it they also st-'CII a map. Council Member Nabbolz advised that she has bad numerous, numerous calls over this. She said she docsn 't know if it would be appropriate or nol to send a Idler uader the Mayor's signature, with the ra;t of Council signing ii, u to, number one, where she goc the map ... but also, she opined, there arc a 1o1 of inaa:uracics in Ibis article. Ms . Nabholz maintained this only fuels the debate in north Englewood. 5. She said she docsn 'I know what was involved to get a traffic CXIUIII on Dartmouth, both dim:tions, between Santa Fe and Broadway. City Manager Scars advised they will follow up on that. 6 . She advised she put her lqlOf1 to ec.ncil in their boxes today. on her trip to Philadelphia and she identified the seminars and __,... she lllellded. 7 . She llated she would like to bring forward 011C1C again, at a study ICISioa. the landlord rcgilllalioa. She noted ii IOCffll IO ba\'C been mowed bact . 8 . She noted llbe handed oat to Couacil, bcfon: dinner tonight, her reqUCSI for funds to the National League of Ci~ in Wasbillgton. D.C. March s• duougb the lo"'. Ms. Nabbolz advised that her 101a1 expenses while aucading the CXlllfcrmce would be $2,259. She said she would appreciate Council's ClOlllidcntion of this. COUNCIL Ml:Mal:R BAal:NICHT MOVED, AND IT WAS SECONDED, TO AnltOVI: COUNCIL Ml:Mal:R NABBOLZ ATl'l:NDING TRI: NATIONAL LEAGUE OP C111ES CONAUNCE IN WASHINGTON, D.C. IN MARCH AND APPROVING PllNDING UP TO S2,JN. Mayor Bums aJIIIIIICIIICd that be anendcd the Nalioaal League of Cities Confen:ace this fall with Ms . Nabholz, and she was an enthusiastic participant in that He said she is very inlCl'cllcd in NLC cvcnts and very excited about going 10 this CXlllfcrmce . Mayor Bums stated be supports her in that rcprd. Ayes : Nays : Council Mcmbcn Nabbolz, Gamu, Bradshaw. Habcnicbt. Waggoner, Clapp, Bums None .. • • 0 En&tewood City Council Fel1111ary 2, 1998 Pa,:e27 • • • (ii) Council Member Bradshaw said that she just wants to keep the Union Avenue issue on the front burner. She &lated she would like to maybe have stair look at a change in wning for that park over there. She CIOIIIIDCIIICd that she docs DO( know what it would be, but that she would really like to have stair look at maybe an open space 7.0ning classification for our community . Because, she said, she docs not feel real oomfortable having a parlt, zoned industrial. Even though there is a gravel operation and a lot m stuff' there. But, she reiterated. she would like to keep that on the forefront because she thinks thole citi2.ens have enduftd enough and she thinks it is time for this Council to take action . Sbe alllllllCllled thal, wbdber it is changing the truck route, putting up signs ... only oertain size trucks, she just thinks the citi:r.ens in that plll of our oommunity have a:mduclCd tbemsdves very mablrely, very rationally, and ewry time they have presenlCd a case in front of Council, that group has been just amazingly calm . She pointed out thal it seems like Council moves falter when people rut and rave and she would like to see Council 11ta1t rewarding people for appropriate behavior in front m Council, also. (iii) Council Member Clapp: I . She advised she would like to look into a situation on Broadway. al the Crickd Thicket. She said she has receiwd a a,mplaint from the business owner there that King Soopers is parking and SlOl'ing their trucks behind•----· They have additional parking in the rear. which obllrucu the view of the sign and it alto allS down on her CUSIOmC!' parking. Ms . Clapp said she would jllll like to Id Council know dial -almolt lclll this pllliadar business at one point in time and the owner clccided she would move inlo the downtown Eaglewood an:a lpCcifically for better puking. So. she aJIIIIIICnted, anything that -oould do to belp her out would be really apprecialed. 2 . She staled thal she, and Council Member Nabholz, met with the Sdlool Board and Roaloe David8Da and it looks • though -are fawring two different routes on the fund raising sales tax . Ms . Clapp DOied dial there -to be a lot of misunderstandings about thal . She said she has heard 11U111C10U1 thinp.. but wbal they are really looking at is possibly a gift in kind or poaibly a use tax. Making the YClldor pay the tax, so that the parents and tcacbers thll are out thcre ...ti11g tlae fund nmers do DO( have to deal with this tax. She aJIIIIIIClllcd that is -to her thal this has a,mc up alalOll anmally durillg her lerlll. She ~ ii really is difficult becaUle you have a turno\'Cf within the schools. with the parmas and tcacbers. So that, she advised. is whal they are kind m looking at 3 . She..._. .... Oene Turnbull wanlCd them to bring forward. to Id Council know, that he is really poaitive about this Council . That it is the fi~ time, in a pal many ~ that he has felt very coafident thal we have a Council that is really listening to the ICllools and the people and trying to wort IOfldher to better our CIOllllllllllity . So, she said. she jllll wanted to Id Council know and bwud thole feelings . She &lated he also suggated Council bavc dinner with the School Board members to fwther our a>mlDUllicalioo IO that when things like this aJIDC up WC are DO( bitting any major snap. She pointed out that we have nne very Upld mothen and thal type mthing out there. that they don't undcnland what we are trying to do here . That -are just trying to help, DO( bun. Ms . Clapp advilCIII thal he IUgCltCd we do that and. she noted. they are willing to put on the fi~ dinner and if we would be willing to put on a dinner, maybe the last six months of the )'QT. She thought that would be a good idea. (iv) Council Member Waggoner : I . He opined, regarding nne m these trips out town. or lo the National League m Cities, or whelever, that rather than a rqJOl1 m the anendance at meetings, or that son m thiag. thal he would much rather see anedliDg a,mc badt dial says I found this out and this is wbal I dwlk _.. bclleftt EnglNood. He aid wbal he -is they aecd DR cl a raults oricated. ndier tliaa U eaeedence type rqJl)lt . Council Member Bradshaw aid action oriealed, action plan. Mr. Waao-lllled 1h11 is the pn,blem he has with confemlt'C attcndallCle. is thal IDOII m the time you go to a ODllferalce and you litleu "' - • I .. ., • • 0 • En&lewood City Council February 2, 19911 Pace21 • • • to meetings, but hardly ever do we bring back something that really benefits Englewood, for the price that we pay. He stated he thinks it is about time we stan bringing back something that we can utilize to further the position of Englewood. Council Member Nabholz advised that she brought back a whole suitcase of stuff, that she put on the Mayor's desk. that is available stuff for every different department. She stated that she heard positive things about our Finance Department from ICMA, they knew Frank Gryglewicz personally. She advised she had a company approach her that said they would be glad to recycle the concrete at Cinderella City and they could give her a dollar amount right then and there, $2:i,000. There was a code enforcement program that would interconnect, like our Building Department and Neighborhood and Business Development. Ms. Nabholz stated she appreciates Council Meanbcr Waggoner giving dim:tion. Council Member Waggoner stated he would rather see something like that in her report, rather than meetings that she attended. Ms. Nabholz said she would be glad to do that and encouraged him to just tell her how he wanted her to write it. Mr . Waggoner suggesled she tell him what she saw or what she brings back that would be of benefit to Englewood. Because he pointed out, the citi7.ens are spending a lot of money to send • to conferences, conventions and we ought to be bringing back something that helps assure them that1his inally worthwhile. Mayor Bums said he thinks that is true and some of his experience 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 to arrange meetings better and that sort of thing. He noted he tried to do a little bit of that in his last repon. He commented that he bas a box full of stuff too and he took it up to Sue Bradshaw one day and she asked what he wanted her to do with it. Mayor Bums said he thought about it and thought maybe they could copy the facing page of each publication they brought back, so people can look at that and see if they want to see that panicular item. Because, he pointed out, there are so many diverse things you can pick up at these conferences. Or, he noted, you can distribute those to department heads . He said you can bring back so much stuff, but what do you do with it, and how is it retrievable so it is useful by somebody. If you can figure out a way to make it available as far as what you brought, then people can pick and choose what they would like to see and it won't go to waste. like it might otherwise. Council Member Habenicht Slid she thinks Council Member Waggoner is right. that it happens a lot. that a lot of good idea and new ways of doing things come out of attending confercnc:cs and Council members do talk with staff members and things gel going, but we don't really call attention to it sometimes. So. she suggesled. maybe the staff could help us too, when something has been spearbeadcd through the auendanc:c at something, then say by the way this idea originated when Mayor Bums came back from a conference and suggested we look into this and this bas grown out of this. She maintained that would be hclp(ul too. Ms . Habenicht opined that another thing is that we as Englewood have the ability to impact how other communities look at their issues and their conc:cms based on what we do. She said she thinks we do some really remarkable things in Englewood and we take some strong leadenhip positions. And. she commenled. she thinks we are not just there to get, but that we are also there to give and to lead and to help gel the message across of what we see as important in a home community, like ours, so that those kinds of legislative things, in a lobbying or policy making group like CML. can carry forward for our citizens. And. she said, we can really get our voice known throughout the state or the nation. depending on where it is. She opined that is an imponant role too. Council Member Waggoner stated he does not argue with that at all, but if he wanted to see what IMCIJngs you did attend or could lltend, all he would have to do is read the brocbure or itinerary. Council Member Hlbenicbt qrced that WIS busy woit. Council Member Wqpacr oommented tbat if IOIMbody wen: to tell him that he weal to a bar and had a couple ol drinks with a guy from Podunk and beR is what I found out. He DOied that IOIIIClimes you get more information out ol something like that than you do a •· • 0 , ]- - E•ckwood City Couacil Jl'ebnaary 2, 1998 Pqe29 '· • • t• • lot of times Ill the meetings. Mr. Waggoner a,mmcntcd that very possibly you learn more from the social a,ntacts tblD you do from the meetings. Council Member Nabbolz noccd she forgot to mmtion, lhal Tbunday meeting from 7 :00 to 9 :00 p .m . she has invited the Englewood north neighbors to clia:uss the North Englewood's small ara plan. She invited all of Council too. She told City Attorney Brotzman she was not SUR if that bad to be posted. At this point in time, she advised, she is just looking Ill it as being their rq,raentativc and Council Member Bradshaw will join bcr as Council Member At-Large, in working through these issues. But, she stated, one of the things she teamed, tbat came up in one of the meetings, was to get your oonstituency to bcoomc a pan of the IOlutioll, in clifl'ereat aJlonld file folders ... and panlcd, she noted, she may not have bad to have gone to Philadelphia ... bul Ille bad clift'amt colored file lolders they arc going to work on, whether it be Ina, ligllls .. .jllll CXWaliDg OD Gcaenl lnlll WCllb. Council Member Wagoner said 11111 is die type of thing be is talting about ... don't tell Council tbal you allalded die IDCding and said this ... tdl us wllll aaually happened, what you brought back. Ms. Nlbbolz Slated she will do tbal. 2. CGlmc:ilMembcr Wagoaer advillll lhll they bad a lcaer from Englewood High School asking for a COlllribulioe to 9Clld kids to die Clalc-Up Pn,pmi. He nolcd tlull as he rcmrmbaed die CXll1 of tbal pnJjecl is SI 199 per IIUdall and they wa-.110 mid leWll lllldcnls to the program. He commcntcd that Council has about S 1500 left in tlieir Aid to Other A,cncics budget. He stated he would like to assist thole IIUdalls and the program. COUNCIL MUISER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE SJ!e TO THE PllOGR.UI, SPLIT aE'IWEEN THE SEVEN S11JDENTS. Ayes : c-il Members Nabllolz. Gama. 9llldsbaw. Habenicht, Waggoner, Clapp, Burm Nays: Noae (v) Council Member Habcaic:ht : 1. She .... tbal about six IDtllllbs IIO, Council in a Sbldy session. bad indicated a willingness to give S500 to help support tbc rewtving .-a UICd by tbc interqcncy team. to belp people out with rmea,-:y n:alS wl dliDp like tbllt. Council Member Bradshaw lllbd if it was tbnJugb Englewood ICbools. Ms. Habenicbl Slaled yes, just Englewood Schools . COUNCIL MEMaER BAaENICBT MOVED, AND IT WAS SECONDED, THAT OUT OP THE AID TO OTHER AGENCY Jl'UNDS THAT WE ALLOCATE S5II TO THE ENGLEWOOD EDUCATION ,OUNDATION lillMAllUD AS PART or 11D UVOLVING Jl'UNDS fOR THE INTERAGENCY TEAM. Ayes : Nays : Motion carried . Council Members Nlbholz. Gama. Bndllulw, Habeaichl. Wagoner, Clapp, Bums None 2 . She said she would also like to echo Council Member Bradshaw's calling Council ron...nl to -quickly and decisively OIi bclping out thole citizeM OIi Union A-. SIie till I 11 ~ .... Ille tbinkl they dilCUDed ud came up with -ally IDIICI ideas of -,.a IO move alleld. SIie opiaed dial all ..... IDIICI ud Ibey aeed to just do it. She said sbe ally libs tbc idea of llffllla u opea ll*)C 1.0lling for our pub ud our UbaR ara. . , • . .. • • 0 I - En&lewood City Council Febnary 2, 1998 Pase JO 13 . City Mua,:er'1 Report .. • • • (a) City Manager Scars said he would like to say that on the agenda they did not include, on February 9"', the opportunity to talk to the clcYclopcr on the north Englewood plan and also to get an update from Bob Simp!Ol'I regarding the Brownfield study. He noted the Brownfield study has been complctcd and he would ask that that be put on the agenda for the study session on that night, unless there would be an objection from Council. (b) City Manager Scars stated he wanted to say that they arc worting diligently in all areas of the City, and they appreciate the wort of all of the people iavolwd., with the Cindcrdla City project. He adYilcd they arc looking at nwnbcn and trying to come togedlcr with nwnbcn on a propoaed plan and they will probably be talking about tllOlc in -delail in the near fulure . Mr . Scars stated that that is their primary focus and they wiU get back to Council on that as soon as they take a look a1 the clifl'cran altcnlati\'CS. In rdatiomhip ID that, Council Member Wagoner asked Mr. Scars if ii would be poaiblc just to get 1 little written updllc, citller OIi E-imil or Mllle\'er, weekly on where Marc on Cindeldla City. Becaulc. he aoced, there arc I lot of things bappcni• now. like what is happening on the caviroamcntal clean-up, what's happening with their COlllraCt, what's happening with our people going out ud a>Dlacting businesses to come in. Council Member Bradshaw added, who is on what team. Mr. Waggoner rcitcnled just maybe a weekly update on something like that. City Manager Scars advillCd they wiU do that. He stated they arc in to some discussions about contributions from the ~ side to the City side. so they have 10 be kind of looked at in special terms by the Council. TIIC)' wut to lllllkc aiR that both sides contribute the right amount, so, he noted, there arc -negotillions as pal1 of tbll. BIii, he aid. they will get Couacil a little bit mon: of an update in the near~-Council Member Bradlllaw opined it is a good thing. Council Member Wagoner augeslCd ma)4,e just I one pqe type thing like they do OIi Santa Fe, where we get a little updalc C\'CIY once in while. He said CYCl'I if they say the environmmtal cleanup is on scbcdulc, tbll is .-git ID ldl eo.cil thal it is moving along, at least. City Manager Scars noted we have been helped out by the local news media and he would like to say thanks. in terms of a few pictun:s in the newspaper about the activities that arc happening. But, Mr. Scars said. he just wanted to tcU Council that Skip Miller. Marilee Utter and Tim Leonard and the entire swr arc plowing ahead with the numbers to come up with IOfflC altcmativcs to bring back 10 Council in an appropriale time, in the '\'CfY near ~- (c) City Maaager Scars aaled tllal there will be a llaff' retreat on Man:h ,• and 6•. He staled he has not bad u opportunity to really sit clown with swr and deal with -of the issues of CUllomcr ICMQC ud wort I little bit b:ncr as I team. He advillCd that probably the an:hitects will be pal1 of that dilJCUSSion . • •••• Mayor Bums asked City Manqcr Scars if the date of February ~ is the elate for the team people , and Skip Miller, to outline their various duties and IO forth. Mr . Sean said yes. He noted they handed out, to Council tonight, I propoacd agn,emenl from l'acr Caltholpc. And, he advilcd, they will have an -~--'\.., "' -. . •. .. • • 0 - - En&lewood City Council Febnary 2, 1998 Pacelt • • • agreement Council can consider that night from Skip Miller and also from Tim Leonard and Marilee Utter. He asked if City Attorney Brotzman would like to comment on that. City Attorney Brotzman adviaecl they will be in rough proposal form and with Council's consent they will lake them forward to get them finalized . Obviously, he pointed out, the developer's is going to be a lot rougher than the architect's . City Manqer Scars stated he thought that will come back in Council's regular meeting on the 17°' for approval. So, Mayor Bums said, they will not just have the contracts, but Ibey will also have an undcrslanding of what the rdalionships arc bdwccn thclc folks . City Manager Scars staled that is right. And again, he said, part of that may be in Exccutm: Session . • •••• Council Member Habenicht said she just wanted lo compliment staff on the new logo on the Englewood Citiz.en. She opimd ii is very lltrlletive aJMI ii really looks super. She said she knows a IOI of hard wort goes into the publicalion and a IOI of citizcns read it. She nOlcd that a lot of citizens told Council during the board and commission interviews that thal is where they get most of their infonnation about the City . Ms. Habcnichl statcd she appreciales that wort . • • • • • Council Member Habenicht asked when she starts DRCOG . Mayor Bums advised that what DRCOG normally wants is a letter from the City idelltifying if they have a new representative. He noted they canceled the meeting for Janua,y because they didn't have enough on the agenda. Ms. Habenicht said she was wondering why she didn't get anything. Mayor Bums commented ii will be this month. City Manager Scars advised that he thought they had already been notified, but that he would double check. Mayor Burns Slated she will get a packet. delivcn,d to her door, with all the agenda items . • • • • • Council Member Bradshaw said she just wanted lo remind Council to take a look at the 1cttcr from South Suburban. which is a proposal . She encouraged Council to really take a serious look at it. Ms. Bradshaw staled that she thinks ii is probably the best deal we can get . Council Member Waggoner pointed out that there arc some wording changes thal need lo be addressed, but thal can be in the intcrgovcmmcnlal agreement. Ms. Bradshaw said yes. that is what she wants. Because Jim Taylor worked on that and that is his n:sponsc: from the board's direction. so that is basically the board's n:sponsc:. Hopefully, Council Member Bradshaw said. she would like 10 sec the whole thing wrapped up and finalized by March I". if possible . Mayor Bwns commented that he thought they had a very good meeting with them and they really aired out issues from the pal and whal they can do in the future . He felt there was a strong desire to move down the road, to get this part built for these kids, the skating area. and try 10 satisfy some of their needs and the City 's needs and really cmbart on a new relationship. Council Member Bradshaw advised that the comment was that people aren't going to part at the South Subwban ball fields then walk over 10 the Englewood swimming pool and make that distinction as they • . , ... • • , - - Ea&lewood City Council Febnaary 2, 1998 Pqe32 ·'· • • • ,. J : are IIIOYUII around. She maintained it is a regional put and that we need to wort IOFl)ler. She opined tbat -cu. Ma,or Bums agreed. 14. City Ataney'1 llepen (a) City Attorney Brotzman asked if there is a thinl member of Council IOffll lO the DDl1h Englewood meeling. tbll they just let Slaff know so they can post it. Council Member Clipp llaled she might ID just IO lillen. Oby, Mr. Brotzman said, then we will post it. Council Member Habenicht noted she can 'I ID, but tbat she would like IO . • •••• Council Member Habenic:bt DOIOd tliat llbe Md Council Member Nabbolz WCl'C IOffll lO awitcll . SIie aid Council Member Cllpp ilD't .... ID do CML ad Ille ii piq to be the allenlale and Ma. Nabbolz will be the CML n:prewulllivc. Ma. Hllbcaidll asked if tbll is rip&. Council Member Nabbolz aid sbe thougbt Ml. Habellic:llt -the delcple ad • -the allenlltc. Council Member Bradllunv agreed. Ml. Nabbolz said. is die...... c-il Malbcl-Hlbmicllt IIIIICd • just wanted to clarify dial. .._ 15. Mjaan COUNCIL MEMSER WAGGONER MOVED TO ADIOURN . Tbe meeting ad,joumed a1 9 :50 p.m. ~11.(/L Ci Clcdt . . • •. • . , ... • 0 • • / / / 1. 2. 3. • 0 • ' AGENDA FOR THE REGULAR MEETING OF I• THE ENGLEWOOD CITY COUNCIL MONDAY, FEBRUARY 2, 1998 7:30 P.M. Call to order. '7:!;~ ~ Invocation. /)~ Pledge of Allegiance. ~ 4. Roll Call. 5. Minutes. I' - df Pl ?-o a . Minutes from the Regular City Council meeting of January 19, 1998. ~ 6. Scheduled VISitors. (Please limit your presentation to ten minutes.) a. Recognition of the 1998 Metropolitan Mayors and Commissioners Youth Awards nominees. /1. -11 t/,_ i. Resolution supporting the nomlnallon of Tdfany Banning f9f tt}8 1 ~. ~ ~'7-l)Metropolitan Mayors and Commissionens Youlh Awards.~ ~ ii. Resolution supporting the nomination of Aonakt Chavez~ thf 1998 _ , r,jlJ-{JAetropolitan Mayors and Commissioners Youth Awards.~ /2.u o/16 ~ Resolution supporting the nomination of Chryaalla M. ~ tc, the. 1,998 '7-l)Metropolitan Mayors and Commiuionera Youth Awards.~ tw.J.tz. _ivJ. Resolution supporting the nomination of Maahew J. ~ f~ the 1~ '1}M'JOMetropolitan Mayors and Commissioners Youth Awards.~ R.,uJ-£.. v; Resolution supporting the nomination of Michael F'*>n tqr,U,, _1998, , ~').cuetropolitan Mayors and Commissioners Youth Awards~ ~ 9 ~~solution supporting the nomination of Toni Gallegos for the 1998 • Tt , ..,......tropolitan Mayors and Commissioners Youth Awards~ ~ /J) _ yji. Resolution supporting the nomination of Benjamin Grim8!ff 'O! ~ 1~ 'ff8?-0Metropolitan Mayors and Commissioners Youth Awards.~ ,..._ naa: If you haw• dlsallMy and need auxlllary 8'da o, w tta 11, plwe nollfy Ille Clly ol 11 .... ood (7112-240I} 11t INat 41 llows In advallce of when Nr¥tcN .. ....__ 1"-* ,au. ' • ., • • 0 ' 1- • • Envi-c,ct City Council Agenda Febnay 2, 19111 ..... 2 • 0 I • • ~A,. /I// viii. Resolution supporting the nomination of James Heath for ~e }~ ·,, f¥"t:J ~7-0 Metropolitan Mayors and Commissioners Youth Awards. ~ f!,1,1;e:J/~·-_ }}' Resolution supporting the nomination of Veronica Lara f~ J!'Y ~ 998 ; , ~ '?-{) Metropolitan Mayors and Commissioners Youth Awards~ I) '-"/Ir-/!,_ ~-Resolution supporting the nomination of Verina McNurlel)/p! ~e 1~, ,:.,MJ ~7-l)Metropolitan Mayors and Commissioners Youth Awards.~ ~-#Lt/. xi. Resolution supporting the nomination of WesJey Moore f«?r,t!', !998_; L 'tf,i/-lJA8tropolltan Mayors and Commissioners Youth Awards~ /!ue;I-/<: xii. Resolution supporting the nomination of Crystal S . Tho~ !OJ ~ !!19.8 Ofld ? ... t)Metropolitan Mayors and Commissioners Youth Awards.~ 1>,-Jt.11 _ xiii. Resolution supporting the nomination of Nicole M. Trujil~p_r ~ 199!3, ~l//?t.i/fJ?.J!ftropolltan Mayors and Commissioners Youth Awards.~ b . Brief Reception . ,(2t!LS5{i.l) : 8 :05 ~ ., · R,te,,Jl)f;J.)E-1): ?'-& I"'-: ~ ~ ~ 7 . Non-$j;hft(iuled Visitors, {Please limit your presentation to five minut~ 4., 0£..QA iJoUJS'IAJ {r. /If A~ I AJ HAIL. 8 . Communications, Proclamations, and Appointments. 4f/Jd 'l-0 a . Proclamation honoring the 65" Anniversary of the VFW MJ;f---- 0, .-1J !1. __ I Resolu_tion ~"JI Laurett Barrentine to the Englewood Liquor Licensing ~ 'f/f"7,{} Authority. /$~ /?),ulJ fr ~J~esol~ appoin~ ~II Belt to the~ Retirement~~ n, A JJ..,Q d.. Resolu_tiO!l ~ Bily Douglas to the EnglMJOOd Planning and Zoning ~-;'1919'7-0CommlSSIOfl.~ · 0,_11,,,.,,. e. Resolution appointing Don Edwards to the Euglewood Clean, Green and Proud ~.-..,,,n-ocommission . ~ ~ ;I./,._ £ J Resolution appointing ~pr:ie f:~ch to the Englewood Code Enforcement '1'P61-0 Advisory Committee. ~ /JM,1-~~~ reappointing Margaret Giffin to the Englewood Public Library Board.~ O,..a.Ji ~~~~.,~~~,~~to the EuglMJOOd Clean , Green and Proud ~~~~-... m1SS1tOO .,r"7F _. ~ /), . _ h • I i. Resolution re~~ ~en Gillmon to the Euglewood Clean, Green and Proud ~ .,2'ftfJ7-(PJrnmisaion. r -,'r /V'f/ . ~.K~=::::..~·-..... --........ - ,._ nolr. • ,au...,. • ....., and Mad udlary ..... --............ nallfy theCllJot•••oad (712-MOI) ....... houra In ...... °'"'*'..,,... ......... 11-*,-. I· • C - - ••••ood City Council Aplda l'abnmy 2, 1111 Paga3 • ,- • ~~l-OResolutlon reappointing Matt Guy to the Englewood Water and Sewer Board~ t.,ha.S Resol~ ~~~rah Lathram to the Englewood Planning and Zoning r7"'(1CommlSSIOO. v---q--. o._ t-2 .... m. Resolution reappointing Jo Lay to the Englewood Section Commission. ~__/ t:.N(PYn, a,,J1,o -·,r _. /J•--,~,. n. R~ ~~~ Marvin to the Englewood Clean, Green and Proud ,:J,/11,rr~ ""7-(foommlSSlorl. v, ~ l!Jte..JlfJ lff''l-0:'~rginia McIntosh to the Englewood Board of Adjustment and n. .. 1. ,. 1 -.. Ji· Resol~ r~~ 1 ~~eve Neyer to the Englewood Parks and Recreation ,_..,,.~ w-7-0 Comml88KKl.f,NAf'f,..,,..,- RJll,'-&.J..4,#T ~ John Louis Parkinson to the Englewood Public Library 4 .-....a. ~};.J Resolution ~~~ Rininger to the Eliglewood Planning and Zoning ~~ 'Tr'f~. vv,r"""'"'"' f' _ ,-,,, s. Reaolution apP,JirJting "O~. Tucker to the Englewood Code Enforcement Advisory du: '7'!''¥f"7--r,:;ommtttee. ~ JJ.-.~ 1 ,,,... t. Resolution apP,:)inting Mitch Waldman to the Englewood Parks and Recreation F«Fr.» ,-'7.g;ommission. ~ · . . Di~• u. Resolutlon1~ .. Cliff Weinberger to the Englewood Downtown Development fA'V"' bl, 'r4'/-(failhoritY· , '"'17'-....- IJ. _ -._ V. ~ ~~°!talker to the EngleuJOOd Pllli•lg and Zoning DM-31 'lf'r~· ~ 9 . P\mlc:Hearing. ""'').() ~ ~ ... ~~- L ~~~~~~~!=~~et<_ 10. Cor..-.t Agenda. a . ~ Ordl11•1CN on Firll Awing. b. Approval of On:ll•ICN on Second RNdng. ml-'f J'd'JA i. Council Bil No . 2, receiving a City Oilch rtght~-.y at Sherman and Gntd.~ '7T"'7-0 . . ' , • . .. •· • 0 • • t~ • I _..__. Cltv Council Aaenda Engl..,ood City Council Agerldll Feilnay2,1-....... C. Resolutions and Motions. ,I~ 'l-0 inAMv~A_/ ~"/T~ . . . . --rrv V ·71r---/' /~i,1111N-,11 i. Recommendation from the Department of Financial Seivices to adopt a '/ / resolution establishing fees for Auto Salvage/Recycled Materials Yards Licenses. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. ~3'1 ii. Resolution amending Section 6 of the City Manager's Agreement. Resolution setting the 1998 salary for the City Attomey. Resolution setting the 1998 salary for the Municipal Court Judge. /?JM-IJ-t/o iii. /?.l,u-JJ,t/-/ iv. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 9 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving a building lease at 2909 South IIOIJ '1-0 Broadway to seive as a Community P~Substation. STAFF SOURCE: · . '7'r" Division Chief Tom V•ldennN. /). ~abenicht moved to postpone b. Approval of Ordinances on~ Readi~ App'd 5-1-1 11_ b Ii, Ill, Iv and c II -to March zwl (Nay: llradllww, Abalain : Bums) _ nd:_!' /5" i. =!!ra~~ :.,-=.~ the Englewood Municipal oPfd. 6"'A "/!AJA-VS; cilrU1£17i SUOrHfi}) --!JT--. Council Bill No. 4, approving an lf1t~mmental Agreement with the Englewood Housing Authomy . : · Council Bill No. 5, approving an Intergovernmental Agreement with the Englewood HotJF,i,ig~ regarding Commw,ity Development Block Grant funding. . Council Bill No. 6, approving an lntargovemmental Ag~~ tf18 Englewood Housing Authority regarding Pro;ect Build. , . . c . Resolutions and Motions. ~~'ff#;~ P?/f:f 4./._" Recommendation from the Cultural Arts Commission to adopt a resolution recommending annual funding for an Arts in Public Places Program. STAFF SOURCES: JerNII Black. Director al~ ,njJ ~ and Gary Hultberg, AecrNllon S.wtc. Ila 111 • ~ Recommendation from the Department of FIIW1Cilll Senlaa to adopt a resolution transferring funds from the Project Build FW1d to the General Fund and CDBG Fund. STAFF SOURCE: Frank Qr1glewlcz, Dnctor al Flnanclal s.,,,.1cee. ' . , " •· • 0 - - 12. General OillCI iuion. a. Mayor's Choice. b. Council Memt>ers' Choice. 13. City Manager's Report. a. Englewood Center Update. 14. City Attomey's Report. • • • App'd 7-0 Habenicht moved to approve NabtlOlz llllendlnD the NLC ConfenlnC8 In Washillglon D.C. In Mardi and approving funding up to $2300. App'd 7-0 Waggoner moved to ullOflze $350 to Ille C10Se up PnljeCl pragram. to be apll bllWNII 7 student~ (from Aid to Olher AgenCleS Blldg8C) App'd 7-0 HabeniChl moved to lloCae $500 to Ille EnQtNOOd Education Foundllion, ......-. • pall al Ille revolYinll fWldS for .. ..--agency ....... ··q){'lv The folowlng minute& were transmitted to City Council between 1/16/98-1/29,'98: • Eng!M:.ood Cultural Arts Commission meeting of December 3, 1997 • Englet.ood Planning and Zoning Commission meeting of January 8, 1998 • El iglet.ood Uquor Ucensing Authority meeting of January 7, 1998 ,.... ..... : l,aulwWa 1111 ,.., ...... ....., ........ u1 .......... .-. .. ca,o1•••oad (191-M01)111Nat48haura ln ...... al .......... ,,,. ....... T-*,au. •. . ' ' , •, • • 0 • • ]-- • • 1. 2. 3. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, FEBRUARY 2, 1998 7:30 P.M. Calltoorder. '7:!J~~ Invocation. /)~ Pledge of Allegiance. ~ 4. Roll Call. 5. Minutes . "' . fJf fl/ l"J-0 a . Minutes from the Regular City Council meeting of January 19, 1998. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Recognition of the 1998 Metropolitan Mayors and Commissioners Youth Awards nominees. /J. . ,1 , I i. Resolution auppor1i ig the nomination of Tiffany Banning f91 tl)e 1 ~ ~ ~'7~ Mayors and Commissioners Youth Awards.~ ~~ ~ Resolution aupporting the nomination of Ronald Chavez fgr, thf 1998 _ , 'Tr 7~ Mayors and Commissioners Youth Awards.~ /2u o/J= ~~ Resolution aupporting the nomination of Chryulla M. ~ fqr the. 1,998 ll1""' '?-{:Metropolitan Mayors and Commileionera Youth Awards.~ ~./J,'t, __ iv1 Resolution supporting the nomination of Matthew J. DoweJ for, the 1~ ~'7-l)Metropolitan Mayors and Commiaioners Youth Awards.~ J!_u CJI-£ v . Resolution supporting the nomination of Mlc:hael Fulton f2", U,, _1998, , "f'f)!J/'J-{Metropo1itan Mayors and Commissioners Youth Awards~ ~ 9 ~'7 AR:esolution supporting the nomination of Toni Gallegos for the 1998 · rrM l""vM8tropolitan Mayors and Commissioners Youth Awards~ ~I !j;__ .. Ji/ Resolution supporting the nomination of ~in Grirn8!9Y f«>!' the 1 ~ 'f{H ?-0 Metropolitan Mayors and Commissioners Youth Awards.~ ....._ nola: If yau have• dlaabllly and IINd awdllary aids or .. u1a11, pleW nally tlw Cly o1 .. .-ood (7'12•24GIS) at INat 41 houra In advance ol when NrvlcN .. ,......_ T1wlk ,au. ' .. • • 0 -• 0 I• • Englewood City Counc:11 Agenda February 2, 11198 Pllge2 ~ /i // viii. Resolution supporting the nomination of James Heath for ~e J 998 . , • 4fr'7-0 Metropolitan Mayors and Commissioners Youth Awards. ~ /!),;;e;J-1,J, ix. Resolution supporting the nomination of Veronica Lara f~ J!l! ~ 99~ ; , ~ 'J--D Metropolitan Mayors and Commissioners Youth Awards~ I) ~-"./J/.3, _ ~-Resolution supporting the nomination of Verina McNurleryp_qhe 19~, /cMY Off>H7-{)Metropolitan Mayors and Commissioners Youth Awards.~ f!,//Jf) J.L t/ xi. Resolution supporting the nomination of Wesley Moore f<ir}!,, !998_; L 'cfpd?.fJAetropolitan Mayors and Commissioners Youth Awards~ /ale1'-/<;; xii. Resolution supporting the nomination of Crystal S. Tho~Jl !OJ ~e !!}~ Oj/d ?~0Metropolitan Mayors and Commissioners Youth Awards.~ 1),-J.1,_ xiii. Resolution supporting the nomination of Nicole M. Trujill~P-rthe 1~, ~ tv:?ti/fJ ?-~tropolitan Mayors and Commissioners Youth Awards.~ ,,_ b. Brief Reception ./?feEsSfi_tJ; J ·l)E[~ ., · R.t-~IJl)ti /Jb/J: ~; &~ ~~ ~ 7. Non-Sch41duled Visitors, (Please limit your presentatiOn to five minut~f- d.. 0£.6..i W oUJS"/A] (/-. hlAl?JIIAJ flAlL. 8 . Communications, Proclamations, and Appointments. "ff/ 'l-0 a . Proclamation honoring the 65., Anniversary of the VFW~ ~ l 'Z -_ /-Resot~ fiP<>i~tin.g Lauren Barrentine to the Englewood Liquor Licensing /f1f" 7-{) Authority . ~~ /!)MIJ--/f, c"l 7~esotution appointing Bill Bait to the EngleuilOOd Retirement &Jard.~ /!J,s#Jq/;1-0=..~-................ _ ... ,...... ~~?~~awards to the EngleuilOOd Clean, Green and Proud ~;i/.._. J· Resolution appointing~~ f:"~ to the EliglMIIOOd Code Enforcement "'fJ:M 1-0 Advisory Committee . ~ /)Ma/-,,,2.~,t 7~ reappointing Margaret Giffin to the Englewood P\dc Library Board. ~ O ,,.,.A ,,~.,.~ ~~~1<::~rt to the Englewood Clean , Green and Proud ~,,Z.f>"'ff"V17 ----mlSStOn. ,,,,.,,,-tr/r....., - ~-/J-;l'A i . Resolu_ti<>!l ream~~ten Gillman to the Englewood Clean, Green and Proud 4!P'?-fPxnmisst0n . v• 'u'r µ,,v I)""' 1l ,1f; j . Resolution reappointing Austin Gomes to the Englewood Parks and Reaeation PNC"• cy,''l-0 Commission . ~ Plew nol9: • you haw a dle11Jay and Med....., aldl • • .rt111, ....... nallfy .. ca, ol 11 ... aood (712-MOl)al ..... 4111D1n ln ___ ol ........................ ,... ' _------.., _ ----- ... I· • 0 l I ]- • • Englewood City Council Agenda Fellruay 2, 1111 Pege3 . ' • 6' - • t• • ~~l-OResolution reappointing Matt Guy to the Englewood Water and Sewer Board~ DA . 1L.1,!.:.J Resol~ ~n~~~rah Lathram to the Englewood Planning and Zoning ~ yr7-0COO,mlSSIOn.vw,'7!',.,..- lJ ._ -l?.vm . Resolution reappointing Jo Lay to the Englewood Election Commission. !JIJ.MMW ./ Uj/()fYrr, 'apl.J-0 rr77 ~ /JL. 6. n. Resolution ~ti~~~~ Marvin to the Englewood Clean, Green and Proud t:.f,11~~ ""'~mission. v·~r""- 1!.te>~ ,,,;1;J7-Resolution~~"Y. Virginia McIntosh to the Englewood Board of Adjustment and Tr ~Appeals. {/II IUffl WI/ /))J,,lt,/ ,,1'7-o ~m=~eve Neyer to the Englewood Parks and Recreation n •-· /J-, q. Resol~ ~~ng 1 John Louis Parkinson to the Englewood Public Library J:.,lflO ;;;,:J..~7#Jo&rd. VV'1!f l,VI./ IJ •• ....A. ,,1., Resolution ~ ~ Rininger to the Englewood Planning and Zoning ~38 ,rf-tC<>mmission. vvT,~ iJ, • ....1...6.,,/~ Resolution apppiJtlng ti~. Tucker to the Englewood Code Enforcement Advisory ~;Jlf""T, 7-!,X:,ornmittee . ~ J),_,,,,,.. t. Resolution apppinting MIich Waldman to the Englewood Parks and Recreation ~ .1) ~7-iCOfnmission. ~ . D,.. u. Resolution,~ .. Cliff WeiN>erger ID the Englewood Downtown Del,elopment ,.,.,-IJ-!4 'fFJ7~-,,,~-......- /),. -JL V. ~ ~ C:-1 '!felcer lo the EligleM>od Planning and Zoning ~!;1 '(fJ1-tfA'""'IS901· ~ 9. Public Hearing. ~'J.-0 ~ AUkJ. '7i-~~ a. Public Hearing lo gd181' input on ameudmerllll to the Engle'tuaod Mur*ipel Code n A-,,11 , ---w•~~•="~;;;.;;,~'- 10. Consent Agenda . a . App~ Ordinances on First Reading. b . Approval of Ordinances on Second Reading. O'llJ.J It/-,1 i. Council Bill No. 2, receiving a City Ditch right-of-way at Sherman and Girard.~ apf(J7-0 • .. • • Plwenala: •,aa,...,.a ll1 ,-..,andMad8lldlaryalda••uta11, ....... nalfy .. CllyelA .. 1 Nd (712-MCII)• ........ houra In .......................... 11-*,all, 0 . . • • • • ·, '· Englewood City Council Agenda Febn,ary 2, 1998 Page4 c. ~37 ~.P-t/o ~-Jttl-1 Resolutions and Motions . .d.b.J '1-0 /~~, / ~-j;r~ . . . . ·rrv v·~"l'r,...,._ /~I II 1/frttl i. Recommendation from the Department of Financial Services to adopt a 'J 1 resolution establishing fees for Auto Salvage/Recycled Materials Yards Licenses. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. ii. iii. iv. Resolution amending Section 6 of the City Manager's Agreement. Resolution setting the 1998 salary for the City Attomey. Resolution setting the 1998 salary for the Municipal Court Judge. 11. Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 9 • Recommendation from the Department of Safety Services ' to adopt a bill for an ordinance approving a building lease at 2909 South hDhli '7-0 Broadway to serve as a Community p~· g Substation. STAFF SOURCE: . 71"" 1>1v1a1on Chief Tom vanc1ennee. /} ~abenicM moved to pollpone b . Approval of Ordinances on ~ Read~ App'd 5-1-1 11_ b ii, Iii, iv and c ii· to March zwl ~ [Nay: Bradslww. Abalain: Bumal , t>)d._ /1-/5: i. g:..l'lcil Bill ~· :., approving 1 ~ amendment to the Englewood Municipal oPf>d 6'~ '[AJ11s: 41r"UE-~~~1vf"'°"8 ~ Counal Bill No. 4, approving an ly,terpovemmental Agreement with the Englewood Housing Authority. : Council Bill No. 5, approving an lntergcMlrnlnent Agreement with the Englewood Hot.1¥,191-uthol!tY regarding Community Development Block Grant funding . . Coul'lcil Bill No . 6, approving an lntergollemmenta ~ ~ ~ Englewood Housing Authority regarding Project Builcl. , . . c. Resolutions and Motions. ~.#~;~ ~r4.J__;, Recommendation from the Cultural Arts Commission to adopt a resolution recommending annual funding for an Arts in Public Places Program. STAFF SOURCES: Jerrell Black, Director of~ ,-P ~ and Gary Hultberg, AecrNtlon Ser.lcN ........ ~ Recommendation from the Department of Financial Services to adopt a resolution transferring funds from the Project Build Fund to the General Fund and COBG Fund. STAFF SOURCE: Fr-* Gryglewlcz, Dnctor of Flnanclal Services. Plew,..: If you haw a dlaablllly and need aux11ary alda or• vta11, p1ew na111y Ille ca, or .. ......_. (182-MOI) al !Nat 41 hours In advance ol WMn a.v1oae .. ......_ 1'-* ,-. ' . , I· • 0 - - • • • .. .e. ..... ood Clly Council AgerlCla FellnaY 2, ,_ ..... 5 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. EnglewoOd Center Update. 14. City AttomeY's Report. App'd 7-0 Habenicht moved to approve Nabholz attending the NLC Conference In Washington D.C. In Maret, and approving funding up to $2300. App'd 7-0 waggoner moved to authOfize $350 to the Close up Pro;ect program. to be split betWNfl 7 studenlS (from Aid to Other AQenCies Budget) App'd 7-0 Habenicht moved to alloellte $500 to the Englewood EducatiOn Foundation. earmalbd as part of the revolving funds for the Inter-agency team. ~·9)/'V The following minutes were transmitted to City Ccud betwNn 1/16/98-1/29/98: • Engtewood Cultural Arts Commis91on meellng of December 3, 1997 • Engtewood Planning and Zoning Commla8iOn meeting of January 6, 1998 • EnglewOOd Liquor Ucensing AuthoritY meellng of January 7, 1998 ,..__..: l,ou..,.• dl1rtP1Yandnaad.....,llda•wJl111 ........ _.,, .. m,o11t• 11111 (7II-MGI) ............. In ....................... ...-. tllll*,-. . , • . • • • 0 - - • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 ............ fJ1811f 1 •• DATE: FEBRUARY 2, 1918 ,. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT "' -. MME ADDRESS '< ~ ~o l ~-Q'V'-• ::2:).(0 S,t--i)lql,('y? ~ r~ 6c:,.~~~""i1tr¢;, oleoo S e;:Vtj"f ,-, ESA ~ • I •. • • 0 -• • • CITY OF ENGLEWOOD l'laLJC HIIEMIIICI R08Tl!R , FEBRUARY 2, 1998 AGENDA ITEM NO. 9 a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT NAME ADDRESS . . .. • . • • 0 • • • The following architects have received RFP's for the Foley's Building Renovation: Michael Barber Architecture 303 16" St., Suite 300 Denver, Co. 80202 Jim Vlliley phone 595-7070 fax 595-7080 Bennett, Wegner, & Grody 1123 Auraria Parkway Denver, Co. 80204 Lorraine Arone phone 623-7323 fax 623-2836 Eric Bartczak Archilec:ts 1425 Market St., Suite 200 Denver, Co. 80202 Eric Bartczak phone 623-2302 Fax 623-2854 The Allred Architectural Group 1875 Lawrence St., Suite 300 Denver, Co. 80202 Jim Allred phone 292-1875 fax 293-8002 'f.... Fisher Auocial8s 5655 S. Delaware St. Littleton, Co. 80120 David Fisher phone 795-1643 fax 795-9342 Marshall Auocial8s 790 E. Belleview Ave . Littleton, Co. 80121 Donald Marshall phone 781~149 X David Owen Tryba Architects 1601 Arapahoe St. X Denver , Co. 80202 Chris McCarthy phone 629-9363 fax 595-3023 CLC AalocielN, Inc. 6480 E. Orchard Rd ., Suite 2000 Englewood , Co. 80111 Michelle Wllon phone 770-5600 fax 770-23411 Foley9AldlLJII Rev . 1/141911 33 employees, diverse portfolio includes schools, Keystone conference, conversion of house at 18" and Stout (per phone interview). Recommeuded by Citiventure . 18 employees, portfolio includes Hunanities Building at CU Boulder & Westminslllll Library . 9" year as a company, 100 million in construction projects at this time (per phone interview). Recon111e11ded by City Manager's office . Small finn . Recent City of Englewood jobs: Library remodel, Rec . Center floor, Foley's feasibility study. See attached company brochure . Recommended by Public Works. 15-25 employees, portfolio includes lots of work at DIA, IChoola, Littleton High School Library, movie lhealerl, remodel of bank building into hotel (per phone inlerview). Recommended by Kells Waggoi1111 . Added laler. Teaning with Marshall Auociales, lilted below . Teamng with Filher AslOCllln, above . Non-responsive to 3 requests for company informalion . Recomnended by Cltiventure. Added ia. (1/14). -~---. ', .. • • 0 - • • • t• ·, • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seuion January 19, 1991 I. Call to Onkr The regular meeting oflhe Englewood City Council was called 10 order by Mayor Bums al 7:41 p.m . 2. The invocation was given by Council Member Nabholz. 3 . Pledge of Allqiaacc The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present Absent: A quorum was present Also present : S. MiNta Council Members Nabholz. Clapp, Garrell, Bradshaw. Habenicht Waggoner. Bums None City Manager Scars City Allomcy Brotzman City Clert Ellis Slaff Liaison Langon. Clean. Green and Proud Commission Din:ctor Olson. Safety Services Dil'CClor Simpson. Neighborhood and Business Development Din:ctor Eslerly. Public Worts (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TIii: MINUTES OF THE REGULAR MEETING OF JANUARY 5, 1991. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. 6 . Sdledllled Vililon (a) Jcny Nery . Sou1hwes1 Program Manager for RTD . updated Council on where we arc wilh the SoulhWCSI Corridor. from lhc perspective of RTD . He said he feels there has been a IOI of prosn:ss and lbal people arc seeing a IOI of cons1rue1ion under way . He said Susan Alles. Community Dcvdopmen1 Administnlor for RTD. would be handing ou1 the IIIOll recent l'aCI sheet on the Southwes1 Corridor. He said there was one oul prcviousl)· 1ha1 juSI gave so1ne of 1he fac1s behind S(lmc of 1he planning eff'ons. We finalized our design in I IJ97 . he said. and Slaned rcloca1i11g utililics. and now we arc ' I .. • • 0 , I - • Englewood City Council January 19, 1998 Pace 2 • • I• • under full construction, moving din on the Southwest Corridor. He pointed out the graphic on the back side of the handout. showing an 8 . 7 mile corridor. which is divided into four segments. The first segment is from Mineral to Belleview. he said. not including the Belleview Slructurc. lliat contractor is Lawrence Construction and they liavc staned conSlruction. he advised. The next seg1nent is from Belleview up to. but not including. Oxford. and tliat contract has been awarded to Kramer and Sons. he said. and they have 5W1ed construclion. The seginent from Oxford up to and including Danmouth has also been awarded to Kramer and Sons. ConSlruction has also been S1ancd there. he added . Mr. Nery said the 1351 segment is from Oxford nonh up to the Broadway and the 1-25 Park and Ride Slation. which has been awarded to PCL Construction. and they have also S1aned conSlruction . Ms. Altes has been working closely with Cinderella City redcvelop1nent and working with the City Slaff people. he said. We want to stay focused with our people on the design and conSlruction as the City Slays focused on Cinderella City, be said. so that Cinderella City and the Southwest Corridor bcco1ne a major national model development of a transit corridor. If there are questions that co1ne up on the corridor. he advised. Ms. Altes has been our lead person who has been working with the development and with the businesses. neighborhoods and several of the members of Council. We want to be sure we h,l\'e this relationship going through this whole corridor. Our schedule indicates that we still arc intending to have this open for revenue service by mid· year 2000. We have Park and Rides al 1he Evans Slat ion and the Hampden station. which is the Cinderella City redevelopment. he said. We have a station at Oxford. though we don't have anticipated parking at this time. but we do liavc that planned for the year 2015 . Also. we have expansions of the Mineral Park and Ride. which is expected to be open by mid-year 2000. he said. Mayor Bums n:called that he spoke with Mr. Nery a couple of weeks ago down in Littleton and he had mentioned that they were going to do construe1ion . He said it seems they arc now widening the track bed. especially right ne."t to Santa Fe between Oxford and Hampden . You talked about doing work on the bridges. be said. and recalled his mentioning they might work on all four of them at once. Mayor Bums asked if that is correct. Mr. Nery responded that the contractors liavc set schedules tliat coincide \\ith cenain mile Slones that they have to meet to help the railroad relocate their freight lines. From about Tufts nonh, we arc on the eaSI side of the freight tracks. and then we shift over to the west side of the tracks. he said. To make that happen. we have to have ccnain struClurcs available for the railroad so they can move their lines over . We liavc worked with our contractors. he continued. to minimize anything that would negatively impaCI any of the traffic through the major roadways that cross through the City In Denver. we even have Iowa tliat is. right now. one way At Mineral . they have kept all the lanes open. but they are working with the City traffic people to make sure they meet their needs. Mr. Nery assured Council that he also intends to work \\ith 1he City traffic people here. to make sure that we don 't have any one roadway closed or rcstriCled that would negative!~ impact the City. Mayor Bums asked if the fl y-over in Englewood "ill be done in 1999 . Mr. Nery responded that the fl y- over at Tufts is on our critical path and will be done . probably. mid-1999. We arc looking to finalize all the bridges so that wc can IIIO\-C the tracks over for the freight . he said. Then. we "ill build a ll of our light rail tracks and ha,-c: those ready by early 2000. after which our testing continues for six months. he advised. before we go into operating sc1..-1cc . Mayor Bums said he met a couple of weeks ago with L,nleton officials and Senator Allard to c.~prcss our concern th.11 we continue to fund tlus projcCI through Congress Mr Nery confinned that they received $23 .S million. and said he tlunks they arc lookmg at about $60 million the next fiscal year. He said it was $2.8 million in 1996 . $23 .5 million in 1997 and then $60 million with the next segment of cost appropriations. Mayor Bums Slated tliat City Manager Scars and Littleton officials met on Fnday with an aide for Senator Campbell on the Senate Appropri:iuons Commiucc. We want to keep in touch ""ith those folks. he said. as we go along. llicy change aides from tune to 1i1ne. he said. and they need to be brou&ht up to speed as to where wc arc with this projcCI. and the fact is that the local offkials arc c~mncly intcrcslcd in pressing for the funding. so th.11 thc schedule is maintained on this. ,,, - • ' ' • • 0 - • Englewood City Council January 19, 1998 Pagel • • • Mr. Nery said we have a full funding grant agreement for the whole $177 million and we have to go back each year for money . The lobbying by the cities and the federal to the congressional and people at that level has always helped us get those fundings and. hopefully, with our lobbyists. that will continue. We don't sec any problems with getting the funding to complete this job by mid-year 2000. he advised. Council Member Habenicht asked Mr. Nery if he is familiar with our change of direction towards a transit oriented development at Cinderella City. Mr. Nery said that Community Development Administrator Susan Altes has been working closely with that group and she updates our depanrncnt head on that. He said he is aware there have been various changes, but he is sure Ms. Altes knows where wc arc heading. Ms . Habenicht said she just wants to be sure they arc working closely with our staff and that we arc able to coordinate. Mr. Nery said they have a good relationship with the City engineering staff. the business development staff and the utilities group. He opined that they have all been in tune with what the project is all about since the early planning stages through to construction. He said he hopes wc arc not missing a beat on any of that and we have a daily working relationship on which way we are proceeding. Mayor Bums said he thinks we have had. initially. a positive response to at least consider a possible stop on the line at the General Iron facility. although we are just beginning to expose the public 10 some planning in that area . Mr. Nery acknowledged that it is high on the City 's list for possible redevclop1nent. adding that they arc always open to see what would happen once they get this whole corridor built . He said RTD's planning staff. along with the land staff. has been involved with the availability of that land and its fururc uses . He opined that it looks positive . Council Member Nabholz asked Mr. Nery if he finds that our depanmcnts work well in notifying each other in regards to meetings and that we are all on the same page. Mr. Nery said yes. there arc a lot of IIICIClings and other things going on at the same time between the contractors. consultants and City staff. We havc been able to form a strong relationship, he said. with the Planning. Utilities and Engineering stair. he said. so that wc all have one goal in common. which is to get this a>rridor up and running by the year 2000. We sec Cinderella City as a major pan in that whole redevelopment. he said. Council Member Habenicht said she would like to hear him say one more time that he would like to sec it be a model for the nation. Mr. Nery said it has always been talked about. not only in our communications with the surrounding cities. but even at a national le\-el. The Federal Transit Administration has also looked at this. and they arc the ones who arc our 1najor funding panner in this. and they are always asking about the redevelopment of Cinderella City. saying this is a prime opponunity to make transit a main focus oCthis development. When they hear it is going smoothly and according to schedule . he added. they arc really elated about the whole thing. Mayor Bums commented that. "hen they sponsored a tr:ulSlt oncnted development conference here a couple months ago. the Cinderella C11) prOJCICI HS \'Cr)' prominent in the morning session . and so wc really did obtain a IOI of nat1011al c~rc Mr Nel) added that Ms Altes "-u •Cf) 111S1rument.1l III pu111ng that conference together It ,. .. ,.,lh lier help that we focused oo at least Eng~ood. bul then: .. -ere a lot of other cities nauon"ldc We are hoplaa we can be ahead of them 1n 1h15 "bole thing. he wd Mr. Nery said he thinks wc want 10 be all6e to a- blldi: penodically m ~ can liear stra1pc from Rm "here we arc. He said he is sure the c,~ saaft' 15 kecpna them well abreast ol wlutl 11 .,ina oa. bul tome1imcs it is good to hear it from R1l> Mr Na) md they fed they ~-e a •rona pll\RCf 1n the Ci!) of Englewood and expressed ~ for 111 die f'wldiDa suppon lhal ~ ~-e IO'IC to Waslung100 to help with. He feels that panncnhip should COIIIJINIC • leall until tllc )'Cir 2000 ,, - ... I· • 0 , ]- • Englewood City Council January 19, 1998 Page4 ·,., '· • • • Mayor Bums said we arc very excited about it, adding that we have people in this audience who testified at RTD Board meetings about this as the project has come along. He said we have a lot of community support and it is very exciting to sec it developing. Council Member Clapp thanked Mr. Nery for his hard work and cooperation. and asked that he pass that on to the Board. (b) Jody Swanson. 4096 South Cherokee SlRict, told Council that she owns her home. located on the northeast comer of Oxford and Cherokee. She advised that. last November, she hired a contractor to build a simple landscaping wall surrounding the property to replace a badly delerioraling one that was already there. She asked the contractor to build the wall right up to the sidewalk. basically for maintcaancc and appcarancc reasons . lbc contractor began work, she said, but the work was halted for various reasons, including lack of an encroachment agreement. She said she was unawaR that the City owns that ~ inches back from the sidewalk. panicularly since a lot of her neighbors have walls built right up to the sidewalk and they did not get encroachment agreements. Ms. Swanson said she has pbotopapbs of the walls. if necessary . She said she believes she was cited because they arc in a highly visible location. She said she does want to build the wall and she wants lo do it right. She said she is here this evening to request approval for encroachment on the Oxford and Cherokee sides of her property. lbc wall bad been staned already on the Cherokee side. she advised. so it is up to the sidewalk . To move 1bc wall. at this point.. would cost in excess ofS500, she said. Since it has already been quite costly. Ms. Swanson said she would like to avoid any additional costs. as well as any additional damage to her property, because. if she has to move the wall back. a lot of juniper bushes will have to be sacrificed. She said she undcnlands that.. if the City decides to widen Oxford or Cherokee at any point. she may have to move the wall back. Mayor Burns asked if this 1118ller has been in the Municipal Coun . City Allomcy Brotzman confirmed that it bas, adding that Council sbould have received a lener from one of the prosecutors in the Mullicipal Coun on it. Mr. Brotzman said tbis will be bandied by stair from this point forward. and they will come back to Council on the encroachment. Council Member Bradshaw asked what time frame we arc looking at. City A11omey Brotzman rapondcd that. if she will contact stair, he can ha,-e ii back to Council by the next Council mccting. Mayor Bums asked Ms . Swanson if she understood what they were saying. that if she will COlllaCt staff', they can have it back by the next Council mccting. Ms. Swanson asked who she should contaa. Mr. Brotzman said Bob Simpson or one of his staff can help her. 7 . N-'edtlled Vlliton lbcrc were no non-scheduled visitors. 8 . c--•ications, Proclamations and Appoi•t-11 lbcrc were no communications. proclamations. or appointments. 9 . Pllblic Hearin& (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDID, TO OPEN THI PUBLIC HEARING TO GATHER CITIZEN INPUT ON THI COllNIIISTONI PARK PLANNED UNIT DEVELOPMENT AMENDMENT. Ayes : Council Members Nabholz. Garrett . Bradshaw. Habclucbl. .. • • 0 , ]- Englewood City Council January 19, 1998 Paces • • - Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing opened. All testimony was given under oath. Jeff Ingrum. who resides in Colorado Springs. told Council he is the owner of the Skate City roller skating rinks in the State of Colorado. He said he would like 10 discuss the proposed roller hockey facilities at Cornerstone Park. On September I. 1997. he and his wife added their sixth rink to their business line. he said. by purchasing the Skate City in Littleton at 580 I South Lowell Way . For fifteen years. he advised. they have conducted hockey programs at all of their other facilities and have expanded the program at this facility . He said he wants to explain to Council what they do and how they do ir and how this will affect them. He explained thar he is the Nonh Central Conference Regional Coordinator for roller hockey for the Olympic group. the OTC. He said he is in charge of roller hockey in this ten state area as far as the OTC is considered . We have developed a real significant program. he said. ,,~th the largest traveling team program in the country. When we purchased the rink in September. he continued. our interests were to definitely ex·paud that program and we moved a young man and his family. from our Pueblo rink. up here to be our panncr to do that. The issue here isn't really about Englewood. but South Suburbarl operating the facility . Technically. he advised . there is legislation in the State that says special recreational districts can not operate. build or finance facilities that arc in direct competition with private business. Mr. Ingrum said he was aware of this legislation , which was passed in 1989, and it had a direct effect on whether he wanted to purchase this rink and expand these hockey programs. He said he wanted to bring it to Council"s attention because it is a real concem 10 him. We had our first league in the fall and had 220 players. he advised. and we have expanded it to add adults and women 's leagues . lfit gets to the same level as our other locations. he commented. we will have about 500 pla~ers per season . We buy all the cquipmem . he said. supply it for all the players. and we give them their jerseys for the fees . We have even staned our own hockey association with a full time employee who goes arowld and takes pictures of the kids. and writes letters and aniclcs about them. Mr. Ingrum stated that they process their own insurance cards and have purchased their own insurance program. We have done this. he said. with a lot of effon and consideration. a1ld as professionally as possible. so much so that we have people from all over the country come out to look at our program. As far as we arc concerned. he assened. it is against State legislation for South Suburban to operate roller hockey rinks there. because tha1 skating rink is in South Subwban ·s m:n:ation district . Mr. Ingrum left some literature to show the kind of program they offer the Ci~· of Englewood and Linleton. which he repc:alcd is VCI)' profcss1011;11l~ done and well organi1..ed . lne response a t this rink so fa r has been overwhelming. he said. adding that rl~ a rc havi ng a tournament there tJus week and at a ll four of the locations in the cit y. Mayor Burns asked if Mr. Ingrum rlunks this location is not in the City of Englewood. Mr. Ingrum responded that his Littleton location is not in lhc City. but it is in South Suburban "s district . That is really the issue . he said. The City of Englewood can do what it wants to do. he said. but the operation of the facility by South Suburban is not supposed to happen. Responding to Council Member Bradshaw. Mr. Ingrum said anything that is privately built is free enterprise and is not :iny different than what he is doing. But special recreational districts can not do that . he said. Mr. Ingrum told Council they should have received a fax or a letter from a n :inomcy. which has a copy of the legislation on it . Members of Council said they had not rccci\'ed it yet Mr. Ingrum said they will be receiving it. He said it explains it and . in bold print . ii has the issues rh,11 are direcll)' affected. with roller skating listed specifically. City Attorney Brotz man ad,i scd tha t. when we \\'Clll through this the first time wnh South Subwban. there was an issue on putt-pull golf and what hoops they had to JUtnp through In that very same ICClion ..... "' -. ' • . .. • • 0 ' J - • 0 • Englewood City Council January 19, 1998 Pagc6 of the State Statute. he said. arc roller ska1ing rinks as well as putt-putt golf courses. so we are talking about the same section that we 1alked aboul before . Mr. Ingrum repeated that the conflict does not come from Englewood building ii. bu1 rather from South Suburban operating it. Council Member Bradshaw asked if the district is aware of this. Mr. Ingrum said 1he district has been sent this information also, so, if they arc not, lhcy will be. Mayor Bums said ii should be looked at quickly, because there is a meeting scheduled for Thursday with members of their board on issucs such as paymenl in lieu of ta'ICS and fee structure. Mr. Ingrum said he feels Council can understand his concern. as taxpayers. Anyone who would own a business would be reluctant to pay laxes and have lhosc laxes. in tum. run compclition with their own operation. That is what this law was inlended 10 stop. he said. or 10 al least II)' 10 make fair . There were no funher qUCS1ions and no one else prcse111 to speak 10 1hc issue. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CONTINUE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE CORNERSTONE PARK PLANNED UNIT DEVELOPMENT AMENDMENT TO TUESDAY, FEBRUARY 17, 1998. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenichl. Waggoner. Clapp. Burns Nays : None Motion carried and the public hearing will be cominued. (b) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN THE PU.UC HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE MUNICIPAL CODE RELATIVE TO TRASH COLLECTION. Ayes : Council Members Nabholz. Garrett, Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays: None Motion carried and the public bearing opened . All testimony was gi,-cn under oath. Clean, Green and Proud Commission S1alT Liaison Langon. 1old Council 1lia1 1he 1riatter before them tonight is an ordinance amending Title 15 . Chapter 2 oftlic Englewood Municipal Code entitled Trash. Junk and Salvage. Tiic amendment is to require mandatory subscrip1iol1 10 trash collection service in the City. Thc ordinance was introduced and passed on first reading. slic advised . oi, December 15 . 1997, and notJce of tonight's public hearing was published on December 19, 1997 111 thc Engle\\ood Herald. She submitted Proof of Publication for tlic record. Slic also submitted. for tlic record, 1wo letters in opposition to the proposed ordinance amendment. A cop)' of Ilic first letter. sllC said. was included in the Council packet . The second letter was received today from Doris Baker and distributed to Council al their S1udy Session Ibis evening, she said. Ms . Baker spoke al a previous n1CC1111g . Addiuonally, Ms. Langon submincd. for tJic record. an e-niail from Sue Bradshaw. of the City Manager's Office. regarding a phooc call she took today from a Denver resident conccmed wilh 1rasl1 dumpmg by Englewood residents in Denver. Ms . Langon advised that Neighborhood and Business Development staff' involvement in this issue and the proposed ordi1iancc has been li111i1cd lo clerical and SllppOf1 wor1'. She said she would give a brief background of why and how tlicy arc licrc 1onigh1 . and lhen tum the pracntation over to Don Roth, chair of the Clean. Green and Proud Coinmission • s Municipal Solid Wuae Subcommmec. She advised ,, - • • 0 , • Englewood City Council January 19, 1998 Page7 0 • that concerns with municipal solid waste issues go back 10 1991. and probably even funher. when mandatory curbside 1rash collection was first considered. Al Council's direction. she said. the Clean. Green and Proud Commission held a public hearing in 1992 . and. al 1ha1 hearing. residents s1rongly opposed the curbside collection component of lhat proposed ordinance. No fun her action on lhe lrash issue occum:d until I 995. when Council Bill IS was inlroduccd requiring mandatory 1rash collection and that licensed haulers provide recycling services to rcsidenls. That bill also did not proceed. she said. Council again requested Clean. Green and Proud to study the municipal solid waste issue and suggest alternatives. The Commission's current work includes discussions with trash hauler's . analysis of trash collection practices in surrounding municipalities. review of the current ordinance and a random survey of residents regarding 1rash collection. she staled. The Commission found that. because 1he curren1 ordinance does not require subscription to trash hauling service. it contributes to an accumula1ion of trash and the illegal dumping of residential trash in commercial dumpsters. Ms. Langon said that. 10 address these two concerns. the Commission recommends that the City require mandatory residential subscription to trash collection service by a licensed hauler. She said she wanled to say up front that the proposed ordinance does not require curbside collection. Collection would remain in lhc alleys. Also. she said. tlie proposed ordinance docs not propose hauling by a single company. bu1 rnlhcr. residenls would continue to have a choice of haulers. so lhe open. competitive 111.1rkc1 would remain as ii is loday . The Clean. Green and Proud Commission feels 1ha1 1he ordi11.1ncc. by declaring an accumula1ion of lrash lo be a nuisance. and requiring mandalory 1rash collection subscripcion. would provide a pannership 1001 with Code Enforcement to help reduce liner. reduce trash accumulation. and reduce illegal dumping in commercial dumpsters. slie said. She advised that 1lie drafting of the amcndmenls 10 lhis ordi11.1nce have been the work of the Englewood Clean. Green and Proud Commission. She 1hen 1urned 1hc prcsc111a1ion over 10 Mr. Roth. Don Roth. 2830 South Shennan Slrcct. st:lled 1ha1 he is 1he Vice Chair of 1hc Clean. Greeu and Proud Commission. and has been Chainnan of 1he Municipal Solid Waste Subcomminee for a linle over a year. He told Council that they began lookiug at this issue anew in November of 19%. There were six Englewood residents on lhe commince initially. he s.1id. working with fonner Council Member Al Vonnittag. Initially. we were looking more in 1he direclion of a contract with a single hauler. he advised. and spent a lot of hours interviewing trash haulers and looking at all of the pros and cons of the issue . Ultimately, he said. they catne lo the conclusion that we really needed more public inpul to get a better handle on whether we really had something to work towards and if our goals were realistic. In April. 1997. we worked together with the lmulers. who financed our drive to send out the public questionnaires. Tiie Clean. Green and Proud niembers distribu1cd tlie ques1io1111aircs on a door-l<Hloor basis. lie said. We printed 4 .SOO , of which 4.000 ""Cf'C distributed door-lo-door. and the remaining SOO we placed in City Hall. the Library and at tlie Malley Center. lie said. for a11 yo1ie who did not get one delivered to their door. Obviously, 4.000 did not cover all of llie houses III Engl~ood. lie allowed. bul a represen1a1ive group was covered. We divided 1he Ci1 y up into the four election distric1s. he said. and subdivided 1hosc into subdistricts. and we 1hen distnbutcd .SOO 111 e.ic h of 1hosc subdistricts. 10 gel our HlOO . Of 1lie 4 .000 cards. 1.200 were returned by the de.idline 111.11 had been set . a nd those were used as tlie results, he said. although there have actually been sonie tnckling III as late as last month. The results showed 111.11 66 "1. or the respondents were in fa vor of the conce pt of n1.11lda101)' trash pickup. Based on 111.11. and tlie fact 1hat the Code Enforccmenl seems 10 be of 111.1jor concern 111 1he 11151 year or two. he s.1id. we decided to move forward with lhat. rather than keep it tied to Ifie cont ract ha ul ing issue. because 1hat is something that will take quite a bit of efTon . There were a 101 of ques11011s returned on the q11estio1111.1ire abou1 the legality of having a single li.1uler , and whether 11~11 was a nionopol). he s.11d. so 1hcrc is obv1ouSI) some cducauon invol\'cd in 111.11. and lhere .ire a number of 1l1111gs tha t 1~1,·c 10 be do1ie 10 meet State regulations in order for the City to pul 1ha1 0111 for a conlrJc l bid Mr Ro1h s.11d 1h:u . based on 1hc 1dc:1 tha1 we had a ra1lier large majority , a nd the issue seemed 10 be :1 hot 1op1c . ,1 c decided 10 1110\'e forward wilh II at 1hts 1i1ne . We realiz.cd nght awa )• 1h.11 lhe rc \\11 5 going 10 be some opposiuon. !here are people who are handling tllCir trash now. le g:111 ). l\ilhoul p;1~111 g fo r 1he 1rns h SC l'\1 CC Ho1u:ver . we fell thal. 1fwe made a n)' real • .. I • • • 0 ' • Englewood City Council January 19, 1998 Page8 • 0 • exceptions directly. that some of the problem people would fall into that category and be able to escape the issue . For instance. he said. if we created an exemption for senior citi7.ens. there arc some code enforcement problems that probably arc senior citizens. We approached this from the code enforcement aspect, he said, adding the he and one of the other subcommiuee members arc sitting on the Code Enforcement Advisory Committee. We have suppon from that direction also. he said. This is really a tool for Code Enforcement . When they see an accumulation of trash. they don 't need to wait seven days to see if that accumulation is still there. he said. but can begin dealing with it on the spot . notifying the owner or rcsidenl that they need trash service. That is really where we arc coming from. he advised. We will probably hear shonly from those people who arc handling it . he said. 11ie Denver resident . who was the subject of tbc e-mail. called him. he said. stating that slie lives on tlie borderline and is tired of ha\'ing her trash dumpster filled with Englewood residents ' trash. Mr. Roth emphasized that this proposal came from Englewood residents who serve on lhis subcommittee. Staff' was excluded from the meetings because they wanted everyone lo know this did not come from staff. but. rather. from residents and public input. he explained. and staff merely provided suppon. such as tallying the results and arranging meeting rooms. Council Member Bradshaw remind'!<! Mr. Roth that she had asked him on the phone how we will know if people have trash service. We are not going to be keeping a roster. according to this. she said. Mr. Roth said he supposed thal is the loophole in it, but this is for code enforcement purposes. so it allows a Code Enforcemenl Officer. who sees a collection of trash. to take immediate action. They don '1 have to wait seven days or take a picture and put a tag on it and come back a week later to see if it is still !here. He can go right then and there and ask if they know they need trash service. Ms . Bradshaw asked if the committee found that our current ordinances do 1101 address this issue. Mr. Roth said tbal is correct . 111ey state that they have 10 have their trash removed in seven days and lea\'e it at tbat, and the way it is currently written it is. for all intents and purposes. unenforceable. he advised. It is a major project to enforce that ordinance. By adding this statement to the ordinance. it allows them to take immediate action on it. rather than go throngh a waiting period. He said. lie is. quite frankly. sure they don 't do that wlien it comes to the w':liting period. they just pretty much ignore it . Ms. Bradshaw asked how this ordinance will prevent people from dumping their trash in other people's dumpsters. Mr. Roth responded that tlie only solution to tbat issue is probably going to be when you have a complete package wi1h the contract and all. where people are required to have the service and they arc rcquircd lo pay for it and there arc no exccplions. 111.11 is a whole separate issue. he said. with State regulations tbat have to be met before you can approach it . Going back to the enforcement pan. Ms. Bradshaw asked why we can ·1 just change the wording in the original ordinance. Mr. Roth said tbat 1s basically what was done. 111e original said that every occupant or owner of real propcny shall rcmo\'e or cause removal of all accumulations of trash from such propcny . We added "and shall subscribe to a trash removal service with a licensed trash hauler." he explained. That is really tlie only addition we made. and that gives ii a little more immediacy from a code enforcement standpoint. lie said. Council Member Habenicht said Council has received a letter and she has also rca:ivcd a couple of phone calls asking about the survey. Slie asked if the survey was re\'iewed or done scientifically and if it is statistically defensible. Mr. Roth said he thinks it probably is. allowing 1ha1 they did not do a random. house by house survey, but. rather. a random. block by block survey. All pans of tlie city were covered. he said, so that we would get a ltitudes from all a reas of the city. since some areas are primarily owner occupied and some arc primarily renters. We did not distribute 10 any multi-family dwellings. lie said. where they have commercial service already. such as apanmenl houses. With distribution of .UIOO. that is approximately 30"/o of all tlie residences in Englewood . which makes it much more reliable statistically. he opiried . If we had only done Io•;. of tlie houses. we might have more trouble defending our results. We might have a plus or m inus 10"/o on this. but. he said. without doing a whole stalistical analysis. he cannot say for sure. He s.1id he feels we arc within two or three percc111 on this. •. 0 • • • 0 '32xl - • • Englewood City Council January 19, 1998 Page 9 • 0 I • • Ms. Habenicht asked if the questionnaire was developed by the committee members . Mr. Roth said that is oorrcct. Clarifying. Ms. Habenicht asked if this was not the kind of survey that Gallup would stand up and say we ha\'C a plus or minus three percent margin of error. She asked if he had any idea what the margin of error might be on this survey . Mr. Roth said they distributed it to about 30% of the citizens. and when Gallup docs their polls they arc doing a one percent of the population. maybe. and so they do a IOI of statistical analysis to a,mc up with those figures. Based on the fact that they had 25% of the 30"/e who felt it was a hoc enough issue. 1.200 cards out of 4.000 is in excess of 25%. so obviously we hit a nerve. he asscned. We were expecting only about 100 cards back. he said. Ms. Habenicht asked if the people who distributed the surveys would be willing to indicate that they did. indeed. distribute them as Mr. Roch described. Mr. Roth said the subcommittee members divided them up and he personally delivered about I .<XlO of them. Mr. Vonnittag delivered about 1.000 of them. and the other three or four members also delivered door to door. Ms. Habenicht asked if each person who delivered decided which house they were going to deliver to . Mr. Roth said that is correct. each had 500 cards for a district and they would hit a few blocks and then move down and hit a few blocks so that they would try to cover all areas. He said he tried to leave c.irds. half at older houses and half at newer houses. in each of those areas to try to get a good indication . He repeated that they were qnite surprised at I.he results of the survey, both the answers and the number responding . Usually they send out surveys that arc less pointed. he said. All the residences received the City Manager's survey cards and only about 100 came back. while we distributed 4.000 and got back 25%. he said. Mr. Roch said his committee's survey questions were pointed. while the City Manager's wen: not . and this obviously hit a nerve . Ms. Habenicht asked if the questions wen: geared toward whether they prefer changing nothing. prefer mandatory or prefer contract hauling. She said these arc the kinds of questions that she is getting and that is why she wants to have this on the record. Mr. Roth said the first question asked if they were in favor of mandatory trash pickup. although that may not be the actual wording. Mayor Burns said he thinks that is in Council's packet. but rccognil.Cd that Ms. Habenicht would just like it aired publicly. Reading from the questionnaire. Mr. Roth said the first question asks if all residential propcny owners in Englewood should be required to have weekly trash oollcetion. yes or no . The second question. he said. asks if the respondent would suppon having a single company collec1 your residential trash. yes or no. and the third question asks if they would be willing to attend a public hearing to state their opinion. yes or no. In addition. he said. tberc were three lines leR for comments. and some of them used the whole side of thc card. around the edges. and what not. for a,mments. He reminded Council that they received a printout earlier. possibly last summer. which detailed all of the conuucnts. An intern in the office of Neighborhood and Business Development entered and tabulated the results. he said. Council Member Garrett asked what the major concern was m the comment section when people said there should be mandatory trash pickup. He asked if it \\35 that there was trash in the alleys. Mr. Roth said that the issues were the liner and tr:ish from people who dou ·1 have it collected on a regular basis. We also heard from a number of businesses. he said. who come in in the morning and find their dumpster full because C\·eryone across the alley brought their trash over 10 their dumpster. rather than having to haul it off. 1l1ere was also the issue. although there aren 't many of them. when: trash. such as couches and chairs. appears in vacant lots around the city . Most of it is really a code enforcement issue and that is what we were tl')ing to address. he said. TI1is is a shon tcnn fix to a long tenn problem. he allowed. but you have to stan somewhere. We needed to gel something going. he said. because the rest of the package is likely to be years before it is realized . Council Member Habenicht said another question she gets is how this will affect recycling and individual recycling thal people want to do. Mr. Roth responded that this panicular ordinance has no effect whatsoever on recycling . He said lhen: is another one coming up for the hauler licensing that will address • ... I • • 0 , I J - Englewood City Council January 19, 1998 Pa~ 10 (. • • - the recycling issues directly. That is a stalT initialed thing and lhis pan of it is Clean. Green and Proud. he said. Ira Weir. 4870 South Cherokee Street. said he is opposed to it . There arc so many elderly people who don 't even have a stnall sack of trash a week . A lot of people own businesses and can take theirs down there, why should they have to pay twice, he asked. There arc so many objections to it. he said. that he can't even name them all. but. he repeated. he objects to having mandatory trash. He said he thinks that the City has Code Enforcement and they have been doing their job. and when they come after people, they usually clean it up or have to appear here in coun. Stanley Rhodus. 2323 West Harvard Avenue. said he has been a citizen here for about 60 years . He asked if he is to understand that you can have any carrier that you want. Council responded affinnatively. He asked who was going to collect the trash fees if you put ii on the water bills. Council Member Bradshaw responded that wc arc not talking about that at this time . Mr. Rhodus countered that they said it was mandatory. so how do you enforce it . he asked . Ms. Bradshaw said he would select he own trash hauler and it is enforced by complaint . Mr. Rhodus said if the inspector goes out there a nd says you have 10 have a trash hauling outfit. which is right . 1he11 how do you really know thal he has one or will ever gel one. Ms. Bradshaw said she does not know. Mayor Burns said Mr. Roth had said there is not a mandatory enforcement process in place. but it would be essentially enforced by Code Enforcement pursuant to a complaint. House by house enforcement is not included in this ordinance. in other words the police arc not going to march up and down the street to make sure everyone has a trash hauling arrangement with a trash hauler. he explained. Mr. Rhodus asked if it would not be just as simple to eliminate the enforcers having to wait seven days. then you wouldn 't h:1ve to go through all this. Ms . Bradshaw said that is another option. and that is why wc arc having this public hearing. to hear ideas from the people . Mr. Rhodus said there arc a lot of elderly people who don 't have the money for this. We ha\'e the curb and guner stuff already. he said. and now you just keep putting more on and on. Some of these people don ·1 have thal kind of money. he said. Mayor Bums said that one thing in the memo is that trash haulers generally offer senior rates . You can pick you own hauler and. if you arc a senior. you arc free lo engage only someone who will give you a special raac. so that might be of help . Council Member Waggoner said some of the trash haulers already offer an every other week service. or a fewer bags rate. Ms. Bradshaw agreed that they olTer a lower rate for fewer bags . Mr. Rhodus said ifit is pul on the residents. he doesn't see how they arc going 10 do it. Ms . Bradshaw said we will only find oul if I hey have lhat mandatory 1rash pickup if lhe Code Enforcement Officer gets involved. and that would be by complailll onl y. Mr. Rhodus asked if ii will be pul on the taxes or anything. Ms. Bradshaw said it will not . Council Member Nabhol z asked if he cum:ntly has a trash service. Mr. Rhodus said he docs . Ms . Bradshaw said then it would be the same. Ms. Nabhol1. said the only w.i y tlus "'II be enacted is by complaint if it stans piling up. Hope Scarles, 287S South Shemian Street. said she has lived at this location for about SO years . She said she has always done everything the City has required about indentation of their waste matter and all that. There have been about two neighbors. she said. I hat she lias cleaned up afier. herself. but she is getting a little old to keep doing that . She said she understands the problem and some people will not conform to rules. so try another solulion and then enforce it . Everyone should be responsible to have trash pickup each week. but without just one choice . she s.1id . Without competition. the pickup companies would not give us good service. she said . We defin11el y do not want to be forced 10 move trash from our present alley ,,,_ . ' .. • • • 0 , I J- Enz!ewood City Council January 19, 1998 Page 11 . ' • 0 t~ • piclcup up 10 the street. she said. The homes withoul alleys. lhat is okay. but let us use the alleys if we have them. The people that will not honor this 1rash removal program should be fined heavily and put on a community project of going out at early hours on the trash trucks to pick up the trash. she asscned. or some other heavy work until they learn that most of the citizens of Englewood want the alleys kepi clean and want the City to enforce it . Jeanne McWilliams. 379S South Grant S1ree1. said she has a licensed carrier and would not change ii because ii is the easy way to do things. llie other pan of it. however. is 1ha1 it is just one more thing we don 'I riecd, it is one more law that there is already stuff on the books 10 handle . We have code enforcement in place and, if there is a violation out there. they have seven days to clean it up .· Ms . McWilliarns said she fails to sec how having someone have weekly trash pickup is going to lielp that matter. She asked if people were required lo put 1heir name on the surveys. Mr. Roth responded that it wasn't required, but most of them do have names and addresses. Ms . McWilliams said if ii wasn 't required. then one person could fill out a number of cards and skew the results . She said tlie cards were highly available and she picked some up at the Library for herself and for relatives . Additionally. a lot of the trash that she secs in the alleys. trash pickup would not handle . such as tires and old furniture . She said her neighbor down the street had a 1oite1 in her front yard for a number of weeks. and mandatory trash piclcup is not going to take care of 1ha1. She suggested. instead of adding one more layer of bureaucracy, one more law that obviously is nol enforceable. that the Code Enforcement Officers riecd a tittle more training. Instead of worrying aboul shon weeds and 1hings like that. I hey could worry about these people that have so much accumulated trash that it has become a burden to their neighbors . Also. the lady in Denver. that has people dumping their trash. could check the trash for addresses and then proceed to go after them legally. She said slie had somco ,1c lc.1ve a bag of trash in her can and she checked the address so that if it happened more than once tlie) could contact the authorities . That is one way to solve that. slie said. rathcr than making everyone hire a trash person when they don ·1 need it. · There arc a lot of people who recycle enough. 1ha1 IIIC)• don ·1 have enough I rash for a weekly pickup. Slie repealed that it is not ncccssary at this time wlien you already tm,·e laws on the books that cover tlie situation. and when a lot of tlie stuff would not be picked up by 1he trash collectors anyway . Raymond Meinecke . 4570 South Huron Street . said he has had allC) pickup for 1tie 25 years that he has lived there . He said lie set the cans back so lhey would not be sining out in the alley . He said he continues to think tliey sl10Uld have alley pickup and have their own trash haulers if lliey walll to . He said be doesn ·1 think tliey sl10Uld be forced. as Englewood wants to. 10 ha\'e one trash hauler in all of Englewood . Mayor Bums said 111:11 is not what this proposes. that lie can lmve his own pick up. Mr . Meinecke said he knows that he has said that now . but lie understood 1ha1 it was supposed to be mandalory for one hauler. Mayor Burns said no. it is not . Mr. Meinecke said he wants to continue 10 have alley pickup. Mayor Burns said he can ha~-c that. Jerry Stankorb. 4913 Clienango Circle, said he is in favor of this ordinance. although he docs not feel it is the answer to all the problems in Englewood . We need 10 do cver)1hing we can 10 help Code Enforcement deal with those people who cause major problems . He opined that ii is lhe responsibility of all propcny owners in Englewood 10 have I heir lrnsh properl y removed. He said if this \\ill lielp Code Enforcement deal with those who don·1. lhen he suppons ii . Raymond Hokanson. -I 111 So111h Lincoln St reel. said he is in 101al agrccmc:nl with 1he Clean. Green and Proud Commission . He said he has an alley lhat he dri,·es up frequently where his another lives and he so1ncti1ncs wonders if lie is driving down lrash alley . He s.,id that tlie majority of the people who live on that alley have weekly lrnsh pickup by a licensed carrier. but ii docs not sol,·e anything. Pan of the problem is that so1ne of tliem arc 1101 following the rules concerning the setback for their 1rash containers. so cars come by and knock tliem oul inlo 1lie alley . He s.,id lie is forever having to dodge trash to try 10 drive that alley and lie is a linle concerned abotu having more laws jUSI 10 come 10 a better conclusion . ,. - • I • .. •· • 0 r ........ I Englewood City Council January 19, 1998 Page 12 • 0 • when really ii is just the same conclusion we have now. He said !here are some good laws already in effect. they just need 10 be reworded and updaled 10 give Code Enforccmenl lhe help Ibey need. We should lake oul lhe loopholes and 1101 add ano1hcr layer of rules lhal says wc have 10 do ii Ibis way . Referring 10 a previous stalemenl aboul nol being so concerned aboul lhe weeds in 1he vacanl lots. Mr. Hokanson said we should be concerned wilh 1hc appearance of our Cily. and if someone does nol keep !heir property mowed. all Ibey have 10 do is go in and ci1e 1hem. wilh no wailing period. Why ca11 ·1 we do that wilh 1r8Sh. he asked. 111c goal is lhe main lhing. 1101 how we gel lhere. D011 '11ell people how 10 gel !here, he said. just 1ell them they have 10 keep !heir 1rash comaincd and constanlly picked up. Give the loopholes to the people who have innova1ive ways of laking care of !heir trash, he said. He referred to a letter in lhc Englewood Herald 1hat said a man picked up his elderly mother's 1rash a couple of times a week and pul it wil11 his trash . Why make that pe™m pay for trash pickup . he asked. If people can be innovative in a free society, 10 save money and get the same job done. wc should applaud 1.hem. he maintained. ralher than penalize them financially . He said he is sure the rules of the City already take care of dumpsters in apartmenl complexes. and he expressed hope lhat this would not say that eve~· resident who lives in an apanment needs 10 ha ve weekl~ 1ras h pickup. when 1hc apan111e111 complex owners already have dumpsters for them . He explained thal he lives on the border between commercial and residenlial property. The people who own lhc building in which he lives have a dumpster next door. in which. as a part of 1he rental agreement he is supposed to pul his trash. He said he has a funny feeling that suddenly. if he is a residence and 1hat is a business. 1hcy will be saying 1ha1 ii is illegal for him 10 pul his trash in there. 1l1e whole lhing needs 10 be saying whal resull we walll . and lake oul some of lhe tenninology that makes it hard for Code Enforcc111en1 10 do 1hcir job. We are not 1elling people that their lawn has to be kept mowed and the only way we can make sure thal you keep 1hem mowed is tha1 everyone is required 10 contract oul to a lawn mowing company. We don 't do thal because ii is strictly results oriented. he said. and nol me1hod oriented. which is where we are headed. and 1hat is not appropria1e. Donna Johnson. 3145 Soulh Cherokee S1rec1 . said she favors lhe ordinance. as would some of the people who are against ii . if lhcy ever lived in lhc vicinily of a neighbor who does not have a lrash service and had to put up wi1h 1hc stench and the linlc crincrs 1laa1 run around ii. She said she has noticed 1ha1 the independent trash services are now pulling stickers behind people ·s property indica1ing wluch 1rash service they own . She wd she sympalhizcs wilh 1he elderly. bu1 also feels 1ha1 lhere are senior citizen lliscounl ra1cs and. if ti~· could all pi1ch logethcr. ii would be something 1ha1 could really clean the city up . Ms. Johnson said 1ha1 . near "here she li,·es. 1hc alley is 1rashy. and she repealed 11131 she is dcfini1ely in favor of lhc orllinance . Dean Huffaker. 3369 Sou1h Granl S1rce1 . said he lias ser\'ed on lhc Clean. Green and Proud Commission since November of 1996. He moved into has currenl residence. which he rems. aboul six momhs pnor 10 lhal. he said. and was 1old llaal 1hc bascmcnl laad been full of garbage a nd someone had 10 be comraclcd 10 haul tha1 away. He s:ud he heard from has neighbors 1ha1 1he yard and alley had been Ille same \\a~. He said he lw been cleaning 1h1s property for lhree ye.1rs. and laughs when a neighbor congra1ula1cs lum and says he would 1101 believe lhe way lhc property looked before he goi 1hcre. bul he is always kind of embarrassed by ii also. The residence diagonall y across 1he :1lley from him did nOI have a hauler. he said. and !here were. al one poinl. 40 garbage bags of 1rash 1ha1 were sining 1here for quue a "hale. There wa~ an en1ire popula1ion of feral ca1s living among lhc gart,age. he said . Code Enforccmenl was no1 able 10 handle lhe problem and 1he only lhing 11131 did l13ndle it was lhc owner kicking them out. The people who own lhe apartment ncxl 10 lhcm has since boughl lhe house and is remodeling ii . The reason he bought the house was to make sure he would have so1ne conlrol over who lived there and how the) kept !heir property. In other words. he said. wc l13ve come a long way in this one lilllc spot in this alley and wc did not do it lhrough Code Enforcement. He docs 1101 believe tl13t rewording lhe ordinance Ibey have worked on is adding ano1her layer of bureaucracy. and ii is a rcsull orienled auempt 10 fi~ 1his problem II is not adding anolhcr law. ii is amending a currenl law. and ,f II doesn ·1 work . wc w1ll 1ry something else. "' - . ' • • • 0 , J- • Enclewood City Council January 19, 1998 Pace 1l <, • " - 0 • he said. Mr. Huffaker said one of his neighbors is a 90 year old woman who docs not produce a lot of garbage and he expressed sympathy for the senior citizens who do not. He invited those who have a means of getting rid of their garbage to break this law. because Ilic only tl1ing that is going 10 get them into trouble is if they let garbage accumulate in their yard. We have speeding laws. he said. that he would swear that nobody follows . He said he was driving down Broadway today, and he tried to follow ii as closely as possible. but in order to drive safely he rarely goes the speed limit. Any typc of law is going 10 invite people to break it. but we have means of dealing with people who break Ilic law when it becomes a real problem . As far as he is concerned. tl1osc who break uaflic laws are a bigger danger 10 us than those ofus encouraging our neighbors to throw away their garbage. In other words. he said. he suppons this ordinance, and agrees that it is not the cure all. but we should try to wort will, ii. or we will uy something else. Stan Lange, 3535 South Clartson Street. said he is a member of the Clean. Green and Proud Commission and was part of the group that walked tllC survey cards around and distributed them. He said he is not here to tell Council that he is a statistical expen. although lie docs know so1ne1hing about statistics. He saw he feels very strongly 1ha1. if you took our survey results 10 statistical expens. tlicy would verify the fact that this is a representative sample stating that ii is what the majority of the citizens would desire. Mr. Lange said that the members of the subcomminec have done a fine job of uying to word this change in the ordinance so that it is just giving another tool to the Code Enforcement people who have been trying their best to solve this problem. Linda Han. 4352 South Pennsylvania Street. advised slic was one of the people who filled out the card and sent it back and she appreciated being asked lier opinion . But at the moment. she said. she felt a little bit betrayed about t11e survey pan. because. what is going on here is not what she thought she was getting information on. At the titne she thought maybe the City was considering having tlic City handle pickup and putting in their own service as Denver docs. Denver. slic noted. docs tlicir own. Ms. Han opined that the questions on the card were a little bit vague. so she pul on the card she would like more infonnation. She said she thought she put her phone number down. but she knows she put lier name and address down . No one bas ever contacted her again. until she found out about the meeting. She said slic wanted to come down and sec what was going on and offer some suggestions. She refem:d Council to the copy of the ordinance she received tonighL page 3. section 15-2-3 : Place,nent and removal of trash, section A. -Any acaunulation oftrasb on any premises. improved or unimproved. within the City of Englewood is prohibited and is declared to be a nuisance. Ms . Han stated that makes sense and that should be in there. She said she docsn '1 know what was in there before. because she hasn 't seen tlic ordinance. except for this section. On section B. she said. she disagrees with having to subscribe 10 a trash removal service. Ms. Han advised that she personally worts for someone. a business in Linleton. and he docs allow her to take her one bag of trasb a week down to his big dumpster and put it in . 111at is pan of their agreement. she said. because she docsn 't make very much money and all of her 1noncy goes into improving her house and keeping her house payment up. So. she said. she appreciates that as she doesn 't want to have to pay that extra money every month. Ms. Han staled she doesn 't understand Code Enforcement waiting seven days to contact the owner. Before she moved into Englewood and bought a house. she was living in Littleton. She said the house in Lilllcton was very close on the alley and Ilic house she lives in now is very close on the alley. so she is very familiar with Ilic alleys. Wlicn slic lived in Linleton. slic noted. there was someone down Ilic alley leaving their trash. bags upon bags upon bags of trash. piled high and about six 1.0 eight deep. It was there for two weeks. she said. before she finall y called tlic City and complained about it. She pointed out that tlicy had it cleaned up within 2-l hours and there was never a problem with that person again, that person kepi their trash picked up after 1ha1 . Slic said she appreciated tbal and she docsn 't understand why Code Enforce1nen1 should wait seven days . If they have a problem. then address it. Either give Ilic people a warning or get tlic problem situation taken care of. don ·1 wail. Slic noted she found out things she didn ·1 know tonight . One being th,11 trash is aot 10 be within five feet of the alley area. within five feet of your propeny line. She asked if that was correct . Slic noted the ordinance says . ' ' • • • 0 ]- Englewood City Council January 19, 1998 Page 14 • • ,. - you "shall set trash con1aincrs back al least five feel from I he side propcny lines." She asked if Iha! was from lhe alley line. Council advised ii was from 1he side propcny lines. Ms . Han said rhal she made a lis1 of suggestions in listening 10 whal was going on 1onigh1, because she figures if she was going 10 complain she wanled to make suggestions and uy and help. She staled she would like 10 sec a more positive approach 10 the problem and lry 10 get a lillle bil of pride in lhe alleys. She said !here was anolher lhing she found oul 1onigh1. 1ha1 maybe isn ·1 in lhe ordinance bur should be. She has always sci her lrash our in her trash cans in the alley. in 1ha1 area. when she makes ii and everybody else along lhe alley docs also. Ms . Hart suggeslcd maybe 1ha1 uash shouldn '1 be oul unril 24 hours before lhe rrash is 10 be picked up or the night before the 1rash is picked up. Everyone docs lhal. she said. and the alley docs look bad because oflhat. Council Member Bradshaw commenled 1ha1 she lives in a neighborhood where rherc isn'I an alley and she 1hough1 thal was whal 1ha1 provision was for. Ms. Han asked why Ibey couldn '1 have 1ha1 on the alleys also, thal lhe !rash cans arc nor 10 be our rherc un1il lhc day of 1hc trash pick up or the day before. She opined lhat would keep lhe alleys looking bcuer and 1hcy could keep 1hem within lheir fence or wilhin their propcny line and ii would improve 1he look ofrhe all~·. She said she would like 10 sec thal on her own alley. One of1he 01her 1hings 1ha1 was 1alked abou1 before was 1he odd ilems. She s1a1cd thal lhe house she bough! was a bank rcpo, ii had been emp1y for a )car. ii had been 1rashcd. ii was a mess, a disaster cleaning up 1ha1 house. She advised 1ha1 she had a 101 of 1rash 10 1hrow oul 1ha1 1he trash companies would not pick up. She said she had broken fumilurc. buildings she had 10 rear down 10 clean up the back yard. and a pigeon coop lo remove. II was a disaster. she said. and lhe problem she had wi1h all of lhat. was getting ii 0111 of lhe area. Friends helped. she DOied, and she hauled ii a linle bil at a time. She stated she would like 10 sec. scanered throughoul 1hc years and more so in 1he spring and the fall , a time when they could rake lhe 1rash down 10 lhc dumpster for SS . Otherwise. she said. ii would cosl her around $45 to take down a !railer load of lhis broken wood and evel')lhing. Because, she noled, 1rash companies will not pick it up. Ms. Han commcnled 1ha1 she has an elderly neighbor !hat has some tires a relative left with her, lhe uash companies won 'I pick lhem up and she can ·1 afford 10 lake 1hem down and get rid of them. 11ley arc enclosed in her propeny so nobody secs lhem. bur ii bolhers her. So. she suggested. the City could offer something like 1ha1 and have more 1rash days where you can lhrow oul 1hc couches. things like 1ha1 and keep ii cleaned up. She opined 1ha1 quicker enforcemc:nr of the existing la ws and strengthening oflhe existing laws would do a IOI 10 help lhc Cily. ralher lhan going imo a manda1ory trash removal. She said she docsn '11hi11k lhal is going 10 resolve 1he problems and if there is not a problem. you don 't know and iflherc is a problem you've got lhe laws on lhe books. or should strengthen the laws that arc already on lhe books so 1ha1 you can go in and rcsol\·e lhe problem . Not pul in mandatory for everyone. She emphasized 1hcy arc making cvcryone pay for a few people · s problems Anna Marie Kratzer. I ISO West Slanford Drive. said ii occurred 10 her 1ha1 when you propose a mandalory service. paymelll by all rcsidcnrs. 11131 ii mighl be more appropriare 10 pul 1ha1 on 1he ballol for a vote of all lhe people. ra1her 111311 a selective survey and analysis. Secondly. she suggested. since we do have lhe rcgula1ions and laws 10 co,·er 1hesc problems and violarions. 1har we find a way 10 enforce 1he m . rather lhan creale some new laws. Bill Clayton, 958 East Cornell Avenue. staled he has lived in Englewood most of his life. lhal he is a resident. ra.,-payer and an Englewood landlord. He advised 1ha1 his family owns eiglu rcsidemial propenies in Englewood. so he obsen·cs nwncrous loca1ions. alleys and neighborhoods. pcrl13ps on a more regular basis lhan niany cilizcns do. He u13illlaincd 11131 lhe Cle.in. Green and Proud Commission s hould be commended for tackling Ibis rough issue. This hasn ·1 been going on just since 1961. he said. He advised thal George Allen. when he w,1s M.iyor. 1ried 10 get mandalOI')' 1rash collection . A solulion 10 Ibis. he staled. has alluded Englewood for a long lime. He opined 1ha1 lhe issue isn'l uash. 1ha11he issue is the appearance of the neighborhoods and 1he pan lrash plays in 1hat. Obviously. he noted, 1rash and debris remains a problem. dumping in business dumpsters. dumping in park dumpsters and duanpmg m Denver. He said he has people who dump on hi s propenics. because 1hcy don ·1 wanl 10 pay for a 1rash hauler. He pays for a 1msh h.iulcr. he 1101ed. on every propeny he O\\ ns. Code enforcemenr. he opined . ..... • t • • • 0 , )- Englewood City Cooncil Juuary 19, 1998 Pa,:e 15 ' (, • • I• • mnains a problem 1ha1 this is not likely 10 solve . He co111111en1cd 1ha1 you have heard the anecdotes. tlie two weeks of trash bags and he thought people could come in 1cll you anecdote after anecdote of our continuing inadequate code enforccmenl. He fell this ordinance was a good first step. Mr. Clayton emphasized that he hoped Council was serious about 1he issue. not the issue of 1rash collection. but the issue of the appearance and tlie pan trash plays in 1ha1. Because. lie 1nain1ai11Cd. ii is enforceable. He opined the City should develop a data base of residential addresses and work with the trash haulers 10 cnsure that C\ICIY single residential propcny has a subscription . So. lie reiterated, he thinks it is enforceable and will go a long way toward solving the problem . The person 11131 lias trash hauled is not going to haul ii into Dcn\/Cr and dump ii, they arc not going 10 haul ii 10 the park and dump ii, or haul it to his property and dump it. Mr. Clayton staled he feels they arc going 10 ha\lC 10 work with the trash haulers and ensure that the haulers picked C\/Crything up and not say. for instance. that they won't take a Slack of tires. Perhaps. he suggested, there should be an c.xtra fee for those Ii res. but if it is trash it should be hauled. He said he lias found 11131. for instance, Waste Management. when he has a rental property where someone has abandoned half of New Jersey, will pick ii up for an extra fee . He noted there arc still items they don '1 want 10 pick up. so 1he stuff si1s there in lhe alley . Mr. Clayton stated 11131 we need 10 make sure 11131 evel)1hing can gel hauled. that we need 10 ensure 1ha1 the haulers offer reduced volume fee schedule or 11131 tliey allow people 10 share 113uling . He pointed 0111 1ha1 1ha1 is still a subscription. if you make a deal witl1 four residents to haul from one location, that still takes care of the problem and senior rates may be an option . But the solution. he slated. should 1101 be no pickup as an alternative for a senior who has a problem. He suggested we see if we can gel lhe haulers 10 work wilh 1ha1 and develop a fee schedule. In sum1nary. he said. he would suggcst Council pass this and continue to work on the issue and hopefully solve tl1is problem tl131 has been plaguing us for years . Jeanne McWilliams. 3795 South Grant Street. said she was thinking as slie was sitting and listening. that as the gentleman that said he 113d 10 dodge the trash in the alleys. 11131 if you put trash in the can on Monday ii could be somcching to be dumped by the li1nc the trash is picked up. Bui. she noted. an awful lot of the problems she sees in her alley is dogs that arc allowed 10 run loose and they knock the cans 0\/Cr. If there arc any kind of table scraps whalSOC\/Cr in there. those dogs arc knocking ii 0\/Cr. C\/Cn for the people that ha\lC mandatory trash pickup. Most people in her alley ha\lC their trash picked up. but by the time it is out there 0\/Cr the week . Maybe. she suggested. if they required the owners of the dogs to be a little more responsible and, perhaps. n:quiring the cans to be scc:urcd in -way lllllil the clay of trash pickup. Ms. McWilliams said that she wanted 10 firmly clisqrec with the acntleman that waaied people to haul their cans out C\ICI)' week and lo bring them back into the yard . She advia:d tbal for them that would be impossible, it just wouldn't work . It is too much work for elderly people to be dragging these cans in and out, she said. and so lhal idea she really wanted 10 \/Clo . Bui. she said. 1hc dogs were the one thing that struck her. that it would probably be a good idea 10 secure the cans and then to make the dog owncn more responsible . There were no funbcr questions and no one else was present 10 speak to the issue . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE MUNICIPAL CODE RELATIVE TO TRASH COLLECTION. Ayes : Couucil Members Nabholz. Garrett. Bradsl13w . Habenich1. Waggoner . Clapp. Bums Nays : None Motion carried and tlie public l1C.1ring closed . Mayor Bums ad\'iscd 11131 it has been Council's habil and process for some time. that they do not vOle on the ordinance on 1he wnc night 1hcy have lhe public hearing. He explained they carry the ordinance "~ 'l " .. •· • 0 , - Englewood City CCM1ncil January 19, 1998 Page 16 {. • • • itself over 10 the next meeting. when CCM1ncil can discuss ii funhcr and vote on ii al Iha! time . He !hanked everyone for coming tonighl to speak on 1he issue . He acknowledged ii is an imponanl issue . (a) Approval of Ordinances on First Reading COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING. (i) COUNCIL BILL NO . 2 . INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE AlITHORIZING AN INTERGOVERNMENTAL AGREEMENT EN1TI1..ED ~GRANT OF CITY DITCH RIGHT-OF-WAY" BETWEEN 11iE ENGLEWOOD HOUSING AlITHORJTY AND 11iE CITY OF ENGLEWOOD FOR 11iE PROPERTY KNOWN AS 3400 SOI.ITH SHERMAN . Vote raults: Ayes : Nays : Abslain : Motion carried . Council Members Nabholz. Garret!. Bradshaw. Habenicht Waggoner. Clapp None Mayor Bums Mayor Bums explained for lhe record. 1ha1 lhe reason he abstained is because he is on 1he HCMISing Aulllorily board and Ibis Ci1y dilch location is adjaccn1 10 a HCMISing Authorily property. where the Housing Authorily plans 10 build a townhouse development. (b) Approval of Ordinances on Second Reading COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (I) ON SECOND READING. (i) ORDINANCE NO . 13, SERIES OF 1998 (COUNCIL BILL NO . J. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING 11iE EXCHANGE OF TWO PARCELS OF PROPERTY LOCATED AT UNION A VENUE AND 11iE SOUTH PLATTE RIVER BETWEEN 11iE SOULE TRUST PARTNERSHIP AND THE CITY OF ENGLEWOOD . COLORADO . Vote raultl: Ayes : Nays: Motion carried. Council Members Nabhol z. Garrett . Bradshaw. Habenicht Waggoner. Clapp . Burns None (c) Resolu1ions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM IU (t) (i). " -. ,. ... • 0 I -- En&lewood City Council January 19, 1998 Pace 11 • 0 - (i) RESOLUTION NO. 3, SERIES OF 1998 A RESOLUTION FOR REAPPOINTMENT OF LINDA F. COHN. AS ASSOC IA TE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. COLORADO. Vote raults: Ayes : Nays: Motion carried. 11. Regular Aienda Council Members Nabholz. Garren. Bradshaw. Habenicht. Waggoner. Clapp. Bums None (a) Approval of Ordinances on First Reading There were no additional items submitled for approval 011 lirsl reading. (See Agenda Item JO -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitlcd for approval on second reading. (See Agenda Item 10 -Consent Agenda .) (c) Resolutions and Motions Tilere were no additional resolutions or motions submilled for approval. (Sec Agenda llem 10 -Consent Agenda .) 12 . Genenl Discussion (a) Mayor's Choice I. Mayor Bums said he noticed Council had a repon regarding the Wastewater Treatment Plant regarding odor control. We had run out of chemical supplies and we were having an odor problem. He commented that he was just a linle concerned about how that happened and how we can make sure that doesn't happen again. He said he thought we were doing some investigating 011 thal and making sure ii doesn't happen again. Cily Manager Scars advised that he. Chuck Esterly. Andy McMinimee. Charley Blosten and Stu Fonda had a supervisory mc:c:ting last week . as Lit1le1on and Englewood meet monthly . He: stated they did discuss that in some detail. He e~11rc:sscd his concern. along with that of the: Council and Littleton. of the perception that there will not be odor or that there was a gre.11 deal of money spent i111em1S of odor control. Because. he noted. it is being spent with the construction. but we need to let the Council and the public know that during the construction time: there will be limes of odor and even after that there will be times of upset al the plant that may periodically happen. He opined that the intent is to do major odor control in the best manner we can. with the dollars available. Mr. Sears advised that he has asked Stu Fonda 10 put together so1ne public i11fonna1io11 materials for the Council and the press. Because. he said. he feels that both communities arc sincerely conccmcd about what we: are really doing there and we need to do a better job of providing infonnation publicly on what we are really doing and what the public can expect down the l'Oltd . He said he just wamed to say that that is a mission we both Englewood and • I .. •· • 0 J - Englewood City Council January 19, 1998 Page 18 •. • • • Littleton share and we will Uy and endeavor to do a better job. Mr. Scars opined tJ13t the failure to get the chemicals, that one time. can be dealt with and it was really not appropriate and the problem really extends beyond that and we need to do a better job of infonning Council and the public. 2. Mayor Bums said t113t he wanted to t113nk the Clean. Green and Proud Commission for their work on the trash issue . He commented 11131 they l13ve worked on this for a long time. it is a difficult issue and he appreciates their effons. (b) Council Member's Choice (i) Council Member Nabholz: I. She stated she has had numerous calls on the plan for the General Iron Works site and she is curious as to how that will work out . 2. She advised she had three calls on the trash . one for it and two against . (ii) Council Member Garren : I. He noted he also 113d calls on the trash issue :ind it was son of split. yes and no. on this particular issue . 2. He advised there seems to be an incident of graffiti showing up around the Jason Park area. more than he has seen in tile past . City Manager Scars stated they will follow up on that . (iii) Council Member Bradshaw stated she had three items for City Manager Sears to follow-up on: I . She Slated she was at the high school tl11s mommg and she was very concerned by the amount of graffiti on the wall by the soc:ccr field. by the playing field. 2. She advised 11131. with the trash ordina1icc ooming up. she n:ccivcd a phone call from a lady that lives out by Stapleton Airpon . Her suggcstio11 "'35 that ,vc contraa with Dcn,'CI' to take all of our trash in the City and. Ms. Bradshaw said. she told her she would pass that along. 3. She DOied she visited with the Cohen Bro1hcn on the nonh Englewood prujcc:t . with Gcncnal Iron Works. and told them her concerns. Ms. Bradshaw swai she would rally like Council to ll lcul think about confining the area for that project to between Bates and Vale and west ofElati to General Iron. period. And. she suggested. that they ha\'e GcncraJ Iron stan a>1nmg aboard and talung pan m thas process. inslcad of onl)' wanting 10 de.ii with stall (iv) Council Member Clapp asked that Comic1l mo\'e to go into an Exccutl\·e Session immediately following this to discuss a personnel matter. She noted it should take five minutes of her time. as far as the infonnation she wanted to share with Council. unless they had other things to add . (v) Council Member Waggoner DOied that some time ago Council passed an ordinance thal prohibited youngsters under 18 years of age from smoking . He said he undcnlands thal between 7 :30 a .m . and 7 :45 a .m . at the High School smoking is quite prevalent . He opined that a little selective enforcement would probably work quite well . 1naybe with a warning to stan with and follow up some time later. Night school too. Council Mc8*:r Bradshaw pointed out. . ' • . ... I· • 0 , ~ I - Englewood Cit)' Cuuncil January 19, 19911 Pace 19 • 0 I• • Mayor Bums commcnled 1hat ii was an imponant ordinance and he agreed lhal we should enforce it. (vi) Council Member Habenicht said she wanled 10 1hank Paulena Puncerclli, the students at Englewood High School and 1he teacher for the mock cily council mecling last Thursday night. She stated it was really exciting 10 sec thal many kids here and involved. She opined 1ha1 1hey did a wonderful job and showed thal this process is one 1ha1 son of runs us. rather than we run 1he process. Because. she noced. it sounded very much like a regular Council meeting. Ms. Habenicht commented that it may have been a learning experience for them. but that it was 1ruly a learning experience for her. She thanked everyone who panicipated and inviled everybody to anend the nexl one. Council Member Bradshaw advised 1hat 1he nexl one will with middle school students. Mayor Bums apologized for not commenting on lhis earlier. but they really did enjoy it. Ms. Puncerelli. he noted. did a great job on this program and he received a lot of compliments for her. He said the teacher was very, very complimentary of Ms. Puncerelli and he opined the kids really did get a 101 oul of this. He commented thal he is really looking forward lo lhe next session wilh lhe middle school students. *. * *. Mayor Bums advised Council lhal 1his weekend he senl a lener 10 the Housing Au1hori1y Director and the Board, resigning from 1he office of chair and asked lhat they sclccl someone else 10 be the chair. He noted Council has talked aboul 1his before and he has done 1hat so 1ha1 he is 1101 in the higher profile position of being the chair of the Housing Authority at the smnc time he is 1he Mayor. Just for Council's infonnation. he noted. 1hey have had a member resign as he is moving oul of 1own . It has nothing 10 do with the Council position. but. he said. Ibey will have 10 lill a position on lhe Housing Authority Board from the cilizcnry . 13 . City Manacer's Repun (a) Ciiy Manager Sears asked Director Olson ,f he had an opponunuy 10 talk 10 Director Simpson aboul the location of 1he property O\'er I here. Also. he asked Director Sunpson. if he had a feeling if lhat will make an impacl al all in 1en11s of the South Broadway plan Director Simpson staled 1ha1. from a standpoinl of being on a ooc year basas. 11 may ha,·e a posat,,'C impact in that neighborhood. He said. from his standpoint ii is reasonable. City Manager Sears asked that Director Olson just make a couple C011t1ncnts aboul what is being proposed at the location . Director Olson said. as he stated in S1udy Session. they are proposing 1ha1 1hey open up a community policing storefronl opcr.111011 al 2Y 11 So111h Broadway He noted ii is actually :u 1he corner of Bales and Broadway . There is 1hc ava1labih1y ofa leased b111lding down there. he said . and II is a divided building witJ1 4000 square feel. Mr . Olson adnscd 1h.11 1hcy an: proposing 10 lake 1he so111h 2000 square feet . It is already set up as an office space by Pri111ers Personnel and will be vac:ued al 1he end of Ibis ,nonth. The lease will be available February I" He staled 1hcy arc proposing 10 move 1he community relations office. which is Officer Nancy Peterson. and 1hc impact 1cam . wluch is live officers. into thal locauon . He S3Jd the building is in good shape and csscnrially Ibey will have it all cleaned up and ready 10 go for us if we decide to move aliead wilh it. He staled 1ha1 the lease and associaled costs. for the lirst year. will be about SJ 1.000. He opined we can possibl)' pick np a pon,011 or that funding through forfci1ure 3SSCls . which we have available . and also lhrough some grnlll funds \\luch he prcscnll) has and wall be able to get III the fu1urc:. Din:c1or Olsou s1a1cd we w 111 s111l h,I\ e 10 pick up a substa1111al ponion of the le:asc eosas Long • • 0 , Englewood City Council January 19, 1998 Page 20 • 0 , . • range, he said. they think this is an excellent way to give a police presence on the nonh side of town. especially in that Broadway corridor. where we have had significant problems in the past . He opined the community would rcally desire 10 have them over in that area. He explained 1ha1 the operation will essentially be open eight 10 ten hours a day and it will be available for officers lo stop in if they want 10 use ii as a remote office 10 work on different repons and so on. But. he noted. if nothing else ii will put them over on that side of town and the lease option gives them the availability of moving the store front to different an:as of town as wc need ii. He advised they are rcally excited about ii and they view ii as one more step in our commitment with working with the community. panicularly from the community policing standpoint and from many different aspects of Safety Services. With Council ·s approval. he said. he felt they could move ahead with this. He asked if Council had any other questions. Mayor Bums thanked Dirce1or Olson for giving the infonnation again . Council Member Habenicht noted 1ha1 Mayor Burns mentioned this al the Study Session. and she would appreciate him sharing his comment. about how much we do appreciate the work our police officers do for all ofus. Mayor Bums stated that we had a shooting incident a couple of nights ago on a domestic violence call at Quincy. Tiicre was an individual who was 1101 supposed 10 be on the premises and there was a call from the wife . When the police officer arrived and asked lo see the 1nan · s hands he pulled a gun and stancd to lire. The police officer was hit on his cquipmelll. the bullet glanced off. another officer arrived. they returned fire and Ilic man was subdued. But. he poimed out . the police officer had an extremely close call. Mayor Bums nolcd that Council was informed. by Director Olson at the Study Session. that wc came within a few inches of maybe having a dead officer. Mayor Bums emphasized that this really illustrates to us. once again, how these officers pul !heir lives on lhc line when they serve on our police depanment . And. he noted. every linic they go out. and especially on these domestic violence calls. which are one of the most dangerous calls they take. that sometimes you don't know what they are going 10 be walking into. But this officer. he said. was very fonunale and ii was handled ver)' professionally. We had an impact team out there. late Saturday night. as well as a district anoniey and Gary Sears our City Manager. He opined it was very impressively handled by our police depanmem personnel Mayor Bums. on behalf of Council. thanked them for I hat and thanked them again. for the fact 1ha1 they do put their lives on the line CVCI)' time they go out there . l11is. he noted . is just another illustra11on of that . (b) Addressing the item listed as Agenda hem 13 (a). relau,c 10 a proposed agrec1ne111 w1tl1 Deepwater Point regarding redevclop1nc111 . Cit y Manager Scars advised that pan of this 1s that tliey just want to keep this issue going. both from the staff level and as a Council mand:ite and direction. He opined that they need lo get direction. a feeling from Council of where 10 go with the project so they can possibly proceed with the February 2,.. date. He thanked Tim Leonard and Marilee Utter for quickly pulling together a lot of infonnalion. Director Simpson ·s staff for working with us a nd the entire Slaff he is working with. He advised we have a group of professional s who ha \"e tried 10 pull this infonnalion together in an expeditious manner. He said he is not sure 11 is as complete as he would like to have it. but they are all pressed with time in lenns of how this conics together. He noted Council has a memo from Bob Simpson that outlines a proposal we received from Tim Leonard a nd Mantee Uner. He noted tliat basically tliey would be our owncr·s representative on the devclopme m of the Cinderella City prop:!. He said Council lias a schedule for that work . a cri1i c.1l path . a matrix of the types of things that will be needed for the project and a list of panicip.1n1s that they ha ve pulled together "I'° \\OUld be working with them on the development of the project. Mr. Scars stated tha t Marilee Uner. Tim Leonard. John Loss. Skip Miller and Mark Goldberg "en: in the audience tonight . He said this 1s one concept. one type of approach that the Council could use to proceed on the project With the team of pan1cipan1s. he opined. wc can work togethe r 10 make the project as close as \\C ca n get ii. On the other hand there are changes in terms of wlio is in control and wlio is de\doping 11~11 prop:t thal have not qwte been defined and whal " . , • • • 0 f I • • Englewood City Council January 19, 1998 Pace 21 • 0 t• - the relationship of the various panicipanls is. He said he docs 1101 know exaclly how 10 proceed wilh this. other than !here is really no final agrccmenl th:11 can be approved 1011igh1, because lhe Council will have to authorize funding in a supplerncnlal appropriation to be transferred if the Council decides to go in this direction. One of !he key elements of the continuation with The Deepwater Point Company was the level of commitmenL the level of panicipalion and the funding by the developer. Mr. Scars said we did nol m:civc a leltcr thal he fell comfonablc givi11g 10 1he Council i11 tenns of where his level of panicipation was. He said he would ask the Council 10 hear from possibly Director Simpson. or Marilee Uner. initially and then maybe hear from Skip Miller as 10 where lhis project is goi11g alld lhen gel a direction from Council. Director Simpson stated 1ha1 we have a couple of issues facing Council. He opi11cd 1ha1 staff is clearl~· aware that this project needs to get underway. that time is absolutely of lhe essence. He said !hey hear thal very. very clearly. The issue. he noted. is also thal Council has had a series of meetings in which they have continued 10 co11finn to us 1ha1 they wanl 10 move forward with the concept that includes 11ansi1 oriented dcvclopmenl clements. He advised 1heir concern has been. 1ha1 we have shifted from a I 00% retail plan. 1ha1 we were looking at 1351 smmner. lo somcthi11g that is more unusual and we don 't have all the answers and we had to begi1110 find the answers and it has taken time. He said he knows that we don ·1 have any more lime lcfl . 011e of the issues thal he keeps bringing up to Council. he noted. is the issue of risk alld cost and complexity. Just to ensure th.11 Council has an underslanding of that he felt that ii was imponant to reiterate what some of this means 1011igl11 in terms of risk . On this pamcular project. the way this contract is co111empla1ing moving forward . is that the City would 111ai111ai11 control of this TOD vision. We would be doing Iha! level of control through acting as kind of the 111as1cr developer on this propeny . And Iha!, he poinlcd 0111 . carries with ii a signilicalll level of risk . That is a different direction Llwi was originally proposed when we staned this cffon . He noted the origi11al idea. with Miller/Kitchell as a selected developer. was thal Miller/Ki1chell would come forward wi1h a retail plan and we would in essence. slip. qUOle unquote. lhe project propeny to lhc developer and thal the risks of the projects design alld dcvelopmenl would be borne generally by lhc developer. Tbose costs would be paid for up front by the developer. Under Ibis proposed contract. he advised. we take on lhose costs and we move the project vision forward . That doesn 't mean to say 1ha1 we ca11 '1 i11flucnce a uansit oriented design through the developer i11 a different ma11ner . He stated that is possible. But. he advised. they wanted to throw some of these ideas 0111 there because. as he said before in several meetings. TOD is very difficult. very complex a11d very costly 10 1he Ci1y . This complexity and cost can be 1ransfcrrcd 10 some extent. from a cash flow standpoilll. to the developer. TI1c qucstion th:u comes with 1ha1 transference is would the dc\'cloper hold the vision th:11 Council secs that needs to happen. TIIOSC arc the questions. Mr. Simpson said the thought more Ll13n an}1hing thal needs 10 be answered. from S1atrs standpoint tonigbL that is really being looked al in the cover memo. is whm direction. wha1 level of risk 1olcrance and wha1 amount of COSI . is the City willing 10 bc:ir. If staff 11ndcrs1ands that . he said. we can go ou1 and get a conuact that suppons 1ha1 . He commcnled that if the contract needs 10 be wi1h Tiie Deepwa1er Pomt Company and ha\'c Mr. Leonard and Ms . Uncr serve as our o"ncrs rcprcsc111ativcs . to progress tlus vision that Council suppons. 11\0\'C it forward . 1hen that is what we need to hear If Council belie\'CS 11131 a conuact needs 10 be solidified "ith tlie !iClected de\ eloper. M1ller/K11chcll . :ind 1hc1r dircc1 1on 10 s1.iff 1s that we need to 1110\'e fom·ard and sohd1f} thm contract. supponmg a v1s1on of TOD. be said. 1hen we can do that 100. He said we need to understand 11131 and llus 1s \\ hat \\C need to hear from Council. 1he1r direction to staff. Then. he Slated . tile) can ha \'C tllOSC con11:ic1s read) fairly q111ckl y and bnng them forwanl. He noted it is the broad vision . the policy direction. th:11 staff needs to undersiand from Council . Director Simpson maintained 1h.11 everybody is here 1onigh1 10 help answer some of 1hcse queS11ons . So if this needs 10 be opened up to a bro.icier d1rect1on . 1herc arc people here and available. Mayor Bums stated that ii was his understanding. the last time they met with Peter CaJthorpe. Miller/Kitchell and so fonh. 11131 ii sounded like C\'C~body was acccpli11g tlie TOD concept. that the Council had accepccd . One of the Wll)'S of doing lh.11 was to have a contract with the service pl'O\·idcr for • • • • 0 -'[•,, • I ' ] En&lewood City Council Juuary 19, 1998 Pace 22 • 0 • the City and to have Ilic City . in cfTcct. be a 101 of focus of 1he devclopmenl. Because 1his concepl was. as they mentioned. changed from Ilic original one 1h:u we had wilh Millcr/Ki1chell . He commenled that City Manager Scars has said 1ha1 we didn 't gel a lc11er. of qui1e 1he commitmenl 10 this. from Miller/Ki1chell that wc had cxpcc:ted. Mayor Bums said 1hat 01ic of his questions is. whal is 1he level of commitment to this process from Millcr/l(j1chcll . He commemed lhat he feels in some respects Council is. again. being asked to make decisions withoul as many tools as lhey would like 10 have. Because. he noled. 1hey don ·1 know what all the financing incrcmems of this arc. We know ii is difficult. we know we have a site that bas huge suucrures on it 1ha1 needs to be demolished and we have a parking structure 1ha1 is difficult to deal with. He noced that if we had a nice. clean piece of ground this would be a 101 easier. So the more wc put a City Hall there and other infrastructure 1ha1 has to be financed by the City. the more difficult it becomes. He said he. and the othcT member.; of Council. would like to know what lhe levels of commitment arc here from the various people we have been dealing with to join together on a contract like this. lfwc arc being asked to fund, what he lhought was a second phase, for $285,000, with Marilee Utter and Tim Lconanl and The Deepwater Point Company. he said they need to know that lliat is well spent. He commented that !here is a deal breaker 90 day period in there when we would really know. one way or the other. if this thing can be financed or whelher we have 10 go 10 lhe people or whether we liave to ask them to subsidize lhis 1hing. so 1ha1 we don '1 spend an awful 101 of money and lhcn find oul ii doesn't work. Mayor Bums staled 1ha1 in his opinion ii has 10 be markel driven . II can ·1 be driven by 1he City or the staff or a PUD . zoning ordinance or somelhing like 1ha1. He said ii has 10 work somehow along the line and he was 1101 sure where we arc \\ilh 1he panicipants righl now. Director Simpson suggested 1licy ask Ilic panicipams 10 step up and explain 1heir level of commitmenl. He said he would tell Council 1ha1 tlic TOD concep1 is being looked al by everybody involved and he believes there is a level of commi1nicn1 from all panics to continue to see if there can be a TOD plan put forward to Council that can be implenicnted. He said he was going to let those people tell Council that but that. what is being asked here is not necessarily that TOD works or doesn '1 work. It is kind of how it gets done and how it gets implemented. Mr. Simpson opined tliat it is a significan1 enough issue 1hat we need to talk through it tonight and gel Council's direction . He asked Tim Lco1iard 10 step up and talk about what they sec as 1hc owners rep responsibilities. Because from staff"s standpoinl. one of 1heir concerns. is that they want Council to full y undcllitand and if Ibey undelliland and agree. 1ha1 1s grcal. But the City. by worting through this conuact . is in cssc1icc taking on the role of developer. where we have control of the vision . He Slated wc need 10 understand how that alfccts everybody involved and whether everybody has agreed to that direction. Tim Leonard. President of The Deepwater Poim Company. said he would like 10 respond to any questions Council might have of him . Pan of wlial they have been doing. since this is a process of providing some vision that is dilfcrcnt from the 100% retail plan. is to be able to put some options in front of Council and then be able to figure out if those work ... financially. in the market. wilh tlic time structure. clc. So. he asked lhal Council please ask tlic qucstions that arc 011 their minds. whetlicr it is the issues of nsk or dollars or timing or wh.1IC\'Cr. Mr Leonard explained 1h.1t an owner's rep has a 1ask . as 1he owner.; of the propcny and tlic providers of 1hc \'ision . wlicn 1hcy say 1hcy now own 1hc propcny and I ,van1 1h1s 10 go on ii . but I don '1 plan. I don 'I do sticks and bricks. I do11·1 ha,c archi1ccts 011 staff. I do11 ·1 do all 1ha1 Thal value needs to be added. lie said . Once you say lhis is wh.11 we want for our communil)·. how do we ge1 there 10 do it ... then we ha\'c a concept . b111 we need a dc\'clopmcm plan nae definiuon of a dcvclop1ncnt plan is something in a binder thal can be implc1nc111cd . somctlung 1ha1 lite user.; sa~. yes. I will go there for lhis amount of time . for this :111100111 of dollars. this 1s wh.11 I "111 be able 10 develop. A retail developer or a reside111ial developer or an office bmlding de\·clopcr "111 say I will pay 1ha1 amoun1 of money for that building. built al that lime and llus is \\ 11:11 I ,.,11 do and ii all comes 1ogether and all the numbers work . He mamtaincd th.11 Council h,,s th.11 dul~. 1ha1 Ibey lia,-c: 1ha1 responsibility as the owricr of the property. In tliat case you cillicr do II yourself wi1h the staff you liave. hire employees to do 11. you fann it out to someone 1ha1 is under your control or you relieve yourself of 1lia1 responsibility by 1ivm1 • • • • 0 ' Englewood City Council January 19, 1998 Page 23 • , .- 0 • that to a developer 10 be able to do ii on 1hcir nickel . He said lhcy factor inside that. their rate of return that is appropriate. and they take the vision. that concept. and lhcy do what needs to be done lo it in order to make it work . So that. he said. adding of value on the propcny has to be done and the only way you can reduce your risk is by understanding tbe project . Know what tbe spreadsheet says. here is the dollar amount. etc. Mr. Leonard advised that is pan of what he docs with his job and he has worked for the City of Denver. other non-profits like the An Museum. and a project in Detroit for a bank as a trust. doing the exact same tbing. He emphasized this is what he docs and what he likes to do. He said he helps a non- profit or a city or a municipality analyze their risk and add value to tbe propcny so tbcy can get what they want. or as much as Ibey want. for the bcsl price in the fastest timcline. Sometimes. he pointed out. that means he gives speeches they don 't like to hear. Such as. I'm sorry. this is the retail you have to have. because you need the sales la." dollars. Or this kind of architecture or this park is 100 expensive. Bui. he noted. there are other times when there is the opponunity to be able to take a vision and make ii something more than what meets the naked eye. He opined that pan of the problem they have today . is that they have a concept that looks good and feels good. but they don 'I have lhc market and the level of undcrslallding from everyone. himself included. thal says lhis is doable. lhis works. He said ii needs a time period for anyone to do it. Now, he said. you could fann it out and keep 1hat control or you can hand it over to a developer. like in an RFP process. Or. if you have a selected developer. you say ... this is what you can do. this is our vision. this is what we want. give us a de\"clopment plan for it and come back and because it is our propcny we'll take whatever remaining dollar amounl 1herc is. And if ii is a zero dollar and you need no subsidy from us. or if it is a $3 million or $4 million check that you need from us 10 do it. then come back with that. So. Mr. Leonard advised. that is the point Council is at today and tbey need to be able to understand 1hat level of risk . Tiie definition of risk in the siluation you are in 1oday 1s. do you pay for the work that has to be done. in order to solve Ilic problems 1hat have to be solved. in order to gel your concept plan into a dcvclop1ncnt plan. TI1at means analyzing parking stmc1ures. estimating costs of demolition. doing tlie pro fonnas in between. topography maps. utility maps ... all those things tbat have to done and normally a developer docs tliem . He stated that Skip Miller has already done them. most of them, for a 100-/e retail plan. He said Mr. Miller is 30 d:1ys away from being able to say. here is a nwnber that it would cost for us to do 100''!. retail plan and we can do it. you can provide a 12% guaranteed rate of return and the difference is x. and tlie liming is y. and tliere ii is . Tiiat. he pointed out. is not the same as on this transit oriented development plan. Tiierc isn ·t a 30 day period. there is a 6 1nonth period. because you have to go back in and be able to solve some of I hose problems. Some of I hose problems. lie stated. are very expensive and thc biggest issue is the parking structure. Because 01ie thing lhat a TOD plan docs. thal a 100% retail plan docsn 't do. is it is dense. And dense. he said. mc.111s parking and ii means structured parking. Because you can only liavc so much surface parking on a 50 acre sile . Bui to have a transit site. one that is a park ·11 ride. one tliat 1s reside111ial and slacked up and still has surface retail on it. it needs a parking structure. He noted lhal lhc first 1hing we say to ourselves 1s ... well we have all this parking structure. can't we save some of it. Well. Mr. Leonard ad\"iscd. they looked back in 1he studies. and there have been gobs of studies since I 970. unbelievable amounts. and almost all of them are visual inspections. visual inspections. visu.11 inspcc1ions . He staled 1h.11 011c tune there "ere some core samples taken, and this is a $20 million stmc111rc. wlierc lhrcc core samples "ere taken and only one was ana.lyzcu. He said. when we sit down wilh lhe architects and the engineers. Manin and Manin. who are the same people tliat have worked. 011 this project . with Miller/Kitchell before. we have not lapped in10 anybody new. so we are 1101 redoing anything ... Walker/Parking. lhc~ arc 1hc s.11rie people and they have done their sa1rie visuals. They s.1y lhe first thing 11~11 11Ccds 10 be douc is you need 10 look hard ai the structure. We have to kuow exactly whal we arc doing. He ad,·iscd that to gel creative we may ha\-c 10 do something thal isn'I common. we have 10 be able 10 step oul oflhe box and sa~ can "c pul x ainoun1 of dollars in and save lhis parking stmcturc. Well . lie 1aoled . once ii is sa, ed. if ii can be. wilh x an10UD1 of dollars. then all of a sudden we l~1vc a design problem . We ha\"c 10 go through and do sonic redesigning and pul some money lierc. b111 Ilic numbers get closer and 1lien 11~· get funher and 1lien 1hcy get closer. lbat. he said. is llieir i1cr:11io11 process 11~,1 every developer goes 1hrough all the lime. You have those checkpoints !hat say is lhis going to be doable . Tl~11 . he advised. is kind of our 90 day issue 1ha1 was • • 0 ' - - • Englewood City Council January 19, 19911 Page 24 . ' • • I • • really put upon us to say we don 'I want to spend $285.000 and all these engineering fees and all these studies ifwc know we are going to have some deal breaker ... the structure isn 't going to wort and we uc not going to get our transit oriented development plan. So. he suggested. lets have some point that we uc halfway ... halfthe money. halfllie surveys. half the repons that get dorie . It is real mcaiy stuff. but at the same time we get our answer, we can move on with saying our vision isn ·1 going to wort or it is going to wort. Because. he said. the hard pan you have is after all tlie time that has been invested in saying this is what we would like to do. this works. this feels good. we've got our anns around it. do you take that extra step to be able to finish the thought process. And it costs money and now it costs your money. Til3t. he maintained, is the 113rd pan. Where )"OU get it back is wlien you say ... now that is done. now tl13t is finished. and it would be the same costs that would be provided inside any other developer's pro fonna. Because. if you wen: to say to tlie developer ... take these costs ... you would spend the same amount of money. the same ainount of studies. but it would be inside the same pro fonna that you would be insuring that rate of return . So. he said. if it is $250.000 or S3SO.OOO or $450.000. you will see 11131 line item in a developer's pro fonna and if it is too much and the rate of return comes out I I .4o/o. and it needs to be at J2o/e. then you need to provide the difference. And if you provide $350.000 wonh of difference. then you have just paid Ilic $350,000 for the soft costs. He stated 11131 the issue is ... what you do is you call the team. you direct. you are in cJ13rge and you 1113y call the shots. It is the number one rule in real estate ... he who has the gold makes the rules. So. lie advised. when you arc in cJ13rge you say we are going to wort on this plan for another hour and we are going to figure out wl13l the design will be . Pa n of the issue you have. and it is just a risk issue. a nd you can make it... and. he said. he was not even making a recommendation to Council on what it is ... but if they want their vision enough to be able to take the time and the money to be able to sec if it can wort ... then 11131 is the step you take. If you are not and you say ... it was all well and good. we enjoyed it. we enjoyed seeing wll3t we could do. but rcaliiy is here and we need to be able to close off a development plan. this 30 days awa~· from it...give us what the number is for that 100-/e retail plan and. he said. Council can make 11131 decision too . So pan of it is a cash Oow issue ol saying do we really want to spend money doing things tlwt sure we will get so1rie value out of tliem because then: will be studies and SUIVC)'S that can lielp reduce tlie cost. no matter what the plan will be. but DDC of it is just plain labor. And labor. lie said. is wasted when you are dorie with it. if you don't do the plan . Mr. Leonard said tl13t he wanted to answer any questions Council 1night l13ve . Din:aor Simpson opined it was imponant to ha\"e Skip Miller come up for just a moment. Skip Miller said he was not C\'Cn sure he could really respond. as he feels t~' 113ve been enormously dcc,civcd . He noted tl13t Ga l)' Sears made a comment and Mayor Bums responded that they dadn ·1 get the letter they cxpcclcd of tlieir commi1me111 . He asked. by those two coimrients. if there is an msmuation that we have not cooperated in sending tlus lencr. City Manager Scars :tehucd that the Council really didn 't even know about the letter. Mr. Miller explained 11131 he was talking about tlieir co1mrients. about Council 's response to their comments. that the developer did not bring the letter that Mr Scars requcslCld and that Mayor Bums was disappointed and indicated that they "ere not cooperating. He suggested ~ would want to repeat wll31 tllC)' said about the lencr that lite)' were suppose to send 111 . He asked. 10 stan out. what was Gary Scars comment a bout the lcner. Ciiy Manager Sears explained that his co11111ic111 was 11~,1 he wanted a lener from Mr. Miller in tenns of where the commitment was and that came out of the mccllng 11~11 they had la st week . He said Mr. Miller didn 't provide the letter. that he g;we a letter that he asked tha t they not forward to the City Council . He advised that the issue to tlie Council is ... where arc you with tlie proposal that is bemg presented to the Council tonight.. .as a panicipant or not He opmed tll3t 11~11 1s reall) the issue and a lellcr that would have clarified that. to go to the Council. may have lielpcd 1dcn11~· that. but the Council wun ·1 aware that there was a letter. ..... ,, - . ' • • , ] - • • Englewood City Cuuncil January 19, 19911 Page 25 • 0 • Mr. Miller stated he understood that and he fell 1he confusion is. as he believed Mr. Scars just said. that Mr . Scars wanted the lener to tell Council where 1hey arc on I his proposal. Mr. Miller commented lha1 if Mr. Scars was at the meeting he was al and 1f he listened 10 Bob Simpson and listened to the message. which he said he hoped he saved. because he \\ill dictate it and send it back to him ... but what he asked was that for them to respond to the proposal. they should sec the proposal. He opined they thought it was a reasonable point and Di=tor Simpson agreed . He asked if 1hey wouldn '1 agree. He emphasized they have never seen the proposal, that they have requested it and promised it. He asked how 1hey can respond or be accused of not responding. when they wcrcn 't even given the proposal 10 look at. after they demanded it. And this group. he said. has the audacity to say that they arc 001 responding to it . Mayor Bums asked Mr. Miller to calm down a linle bit. that Council didn 't have any idea that he didn't have the proposal .. Mr. Miller stated that Mayor Bums gave him pennission to talk and if he wanted him to stop talking he can set him down . Otherwise. he said. he will listen to what he has to say . Mayor Bums emphasized that he was chairing this mecling and he had no idea that Mr. Miller hadn't seen the proposal. He said 1hey presumed 1ha1 he had had ii. had ple111y of lime 10 look ii over. Then maybe. Mr. Miller said, Mayor Bums can understand why he is aggravated. Mayor Burns noled he was not trying to get after him personally. Mr. Miller rcileraled that 1hey have never seen a proposal . Mayor Bums stated he did not know that a1 all . Mr. Miller staled thm Mr. Scars knows they have nC\·er seen a proposal. be knows that very well . And. Mr. Miller poimed ou1. Mr. Sears made the commem. which Council assumcd ... which is proper. Iha! they didn 'I respond correc1ly . He said they nC\·er saw the proposal and suggested they leave i1 al that. So. Mr. Miller said. they arc 1101 prepared 10 respond 10 1he proposal. because they have never seen it. Mayor Burns noted 1hat. in looking a1 ii. his name is 1101 on 1he distribuuon lis1. He advised 1hat all he knew about the letter was whal Mr. Scars told him after their mec1ings las1 week . that there w-.is a request for a letter and some level of commitment and 1h:u was all . Mr. Miller said he wamed to go through ii and be would calm down. He apologized . He conunemed thal he does not know what Council is privy to. that be assumed they knew the facts tliat they do and evidently they do not . So. he said. he apologized. Mr. Miller advised that they met with Gary Sears and the staff. which they appreciated very much. And they had the opponunity 10 discuss many of the issues about this de\-clopment . He stated they sbowcd some concern at tliat meeting :lbout the methodologies 1lia1 have been talked about. as it related to the way the development was go111g 10 proceed. It has nothing 10 do with whether it is a TOD or not . He emphasized that they have not worked on an all retail dC\•elopme111 plan. not 1ne111ioned the word. ever since the first time the Council suggested and ,·01cd. about two or three times. 10 proceed with a TOD. He commented tbal the wa)' ii was discussed is like that is our alternative. if you want 10 work with us. tliat is wbat we want 10 do . Thal . he said. is 1101 where they arc. that they told the Council al the las1 study session. tbat they were I 00"/. desirous of cooperating lo bring about a TOD plan . The conccm 1ba1 they brought about . whi c h Council Member Waggoner has asked about at ever)' meeting and. he noted. he lias responded al C\'ery meeting in 1he same'"'~. and we arc still there and ii has 1101 changed. Mr. Miller stated they are not proposing an all retail. as ii is an al1cma1ive. that they should decide 1onigh1 which direction they want 10 go. Th,11 is 1101 where 1hey arc at all . Mayor Burns said that is fine . and he thought th:11 is where they all thought the~ were. Mr. Miller agreed they arc all 1here and staled ii 1s their desire 10 cooper.ate. He maintained that 1he place tliey lost 1heir coopcram·c a1111ude was 1l~111h~ assumed all along 11~11 once 11 \\:IS decided "1~11 1l11s would be:. that they \\OUld be the developer of ii As an c"unplc he asked 1f 1he Cit) 1s desirous of conuacting 10 do the fill and p;I) for \\hatc,cr II costs 10 do 1he fill He qucsuoned :11 wliat level does the City want to get 111volved. Mr Miller advised that lhC) argual ,·clie111e111l) at Ilic meeting and then they met the next mom11111 will1 Ms Uncr and Mr. Leonard 10 discuss this He said lie thought they had a very ,. - • .. • • • 0 , ,., - - Englewood City Council January 19, 1998 Page 26 • 0 • positive discussion . In fact they were under the impression that actually the nature of the contract was not going to deal with that yet. He said he talked to Mr. Simpson . that Mr. Simpson left him a message and suggested that a lot of those details hadn 't been worked out. And that Mr . Simpson felt very strongly. that he understood why they didn 't turn the letter in and it was his opinion ... which Mr. Simpson will respond to ... that this was the right thing to do. because of the infonnation they had at the time. So . Mr. Miller said. they have DOI responded with a lcner. because they thought they were prepared to cooperate as soon as they understood what they were going to do. Mr. Miller stated they arc somewhat surprised thal the proposal tonight is for the City to be the developer and take on that risk and do those things . And. he added. they arc very much opposed to that. He pointed out that that has nothing to do with whether it is a TOD or an all retail plan. Mr. Miller stated it is their desire to develop the project and do all the studies they want. He noted they do have some concerns with timing. He said they sat down and listed six or seven of their concerns. He advised that one of the things they border on. is that every time they say something that they think is a legitimate concern. that they arc kind of cast as being negative and against cvel)•thing cvel)·body wants to do. Mr. Miller said he thought Council could appreciate the position they arc in in that regard. but they do have some experience. they have developed properties before. they have done a lot of development . He opined that the concerns they show mainly stem around risks and costs . Since the first day that this proposal was talked about , and planned. the costs have never gone down. but have gone up . And, he said. there has never been any indication of how they arc going to be paid for. Mr. Miller advised that they cited that as an example of their concern at the meeting and they talked very strongly about how we are going to work through this together to try to solve that problem . He pointed out that it wasn't. .. ifyou can't do this. let us do our plan. It was how can we work together to solve these problems. Because. he noted. they understand what Council wants to accomplish . aud if it is accomplishablc they want to do it. He reiterated they do have significant concern. He said they were told again before tonight. coming to this meeting. that Council would be apprised of what those cost problems are tonight. so that when Council made the decision of what direction they arc going. that they would at least have some feeling about that . Ma~be again. he said, he doesn't know what Council has. maybe they received that in the package . Council Member Bradshaw stated that they have nothing. Mr. Miller advised that they had really hoped to avoid a confrontation. they wanted to work together. they wanted to work with Mr. Leonard and Ms . Uncr. They wanted to proceed in that direction and try to solve these problems jointly. He opined that they can call upon Gary Scars. Bob Simpson. Marilee Utter. Tim Leonard and the rest of the staff. because they all heard them say that. And. Mr. Miller stated. it is still their desire, but they arc concerned about the ability to solve it . He explained there arc gaps that have been talked about. which ha ve nothing to do with building City Hall with numbers in excess of $25 million. maybe $28 million . They, he s.1id . make assumptions that all this ground needs to be purchased by the user. such as Wal-Mart and themselves. before it is developed . But. he noted . the cash isn 't there and you arc still $5 million short . Mr. Miller said he has heard repeatedl y from discussions. where the Council has said. the last four votes. that they want to proceed with this with the full vigor and excitement that they have. and we need to join together to do that. He said he thought that was great. but he has 10 tell Council that he feels it loses a little bit of enthusiasm. or the point gets a little bit lost . when it is his belief that the Council 's vote. when they s.1 y go forward with it. that they don ·1 even ha,·e . as Ms . Bradshaw just said . any information about the cost or deficits . So . he s.1id . usin g the example that Council told him thai this is what they want to do. lets get on with it. Well . he advised . th~ a rc ready to get on with it . but he thought they would be subject to being cmici/.cd enormously 1fthC) didn 't bnng up these issues. Mr. Miller stated thai he did not know how Council can make the decisions they arc making without having all those facts in front of them . He said that all they wanted to do \\.15 get those out. that that was the reason they met with staff to go over all those issues. • • • • 0 , • Englewood City Council January 19, 1998 Page 27 • 0 • Council Member Bradshaw stated that is what she has consistently asked for . Mr. Miller stated they would be happy to go through those things, but that he feels lo some extent they have a muzzle on. He said they have never been confrontational with Ms. Utter and Mr. Leonard. they wanted to work with them. Right now. he said. Ms. Utter and Mr. Leonard are out trying to do something. and maybe they believe in it and that is great. But. he pointed out. they happen to feel ii should be done differently . Again. he said. it has nothing to do with TOD versus not TOD. It is the methodology of giving Council what they want or finding out whether they can have what they want. Mr. Miller opined that the Council should know that. He said he sits around and listens to people talk about trash pickup and he would like to tell some of them, or have Council tell some of them. that we are $28 million shon and see what they think about that. He commented that that does not seem like a group that is real interested in that type of a project. Mr. Miller said he also thinks that the citizens. if they knew what was going on right now. would be appalled. He noted that he thought 1nany Council members ran on platfonns. and there were quotes in the paper. that they were tired of studying this thing, that when they goc in office. or reelected. this thing is going to stan. Now. he pointed 0111. Council is being requested 10 spend six months studying it again to see if they can gel what lhcy want . Mr. Miller said lhcy have Mark Goldberg here. 1ha1 they received a letter from Wal-Man. which Gal)' Scars received a copy of. and 1herc is a concern . They want to stan their building by 1he first quaner of nest year. He staled 1ha1 is 1io1 doable if we lake sis months. and even ifwe come up wi1h a posilive answer. we will 1101 make thal lime frame . Addressing Mayor Bums. Mr. Miller said that one lime when he talked 10 him. without pointing fingers ... he noted that he got kind ofangl)'. like he himself got just a minute ago. and said 1ha1 he was tired of being threatened. He said Mayor Burns said 110110 threaten him about these tenants going away. Well, Mr. Miller said. last night in the middle of the night he looked up the definition of warning versus threaten and 1ha1 he believes what they arc ll)'ing 10 do is warn somebody . He said he told his people that if a car is about to run over someone. you bener gel ou1 of the way and he doesn '1 think that is a threat. He opined there is a problem here that Council needs 10 reali1..c and recognize and stand accountable for and what can be done and how we need 10 go about getting it done. Again. he said. they are not saying go build the Wal-Man and all of this retail and this thing isn 't going 10 work . Bui. he 1naintained. we are on a process that. in his opinion. sis months later we arc going 10 be not funhcr along than \\C are right now as to what that development plan is going to be . Mr. Miller said he told Gal)' Sears and the staff that his biggest concern is not whether ii has all these TOD clements or is an all retail project. He advised the thing he fears the most is standing up in front of Council. six months from now . and saying now what do we do. this didn 't work. He said he knows Conncil has a 90 day hurdle. that that was put in because he requested ii. He suggested. at lhe meeting. 1ha1 it be 60 days because we have gol 10 move along. And he said he asked that lhey see if 1hey can find something 0111 in 60 days. sec if we can pass over these 1hmgs. Mr. Miller advised they have had numbers from the day 1hey met at the Cheri)' Creek Inn. when he asked Tim Leonard 10 stand up and say what they were and he wouldn 't. And. he noled. 1hey are 1hc same or bigger numbers today and 1herc arc no 1norc answers. aboul 90 days la1cr. 1han 1hcrc were 1ha1 day . And they are asking Council lo hire I hem and pay lhcm a sig111fican1 amoum of money and the~ say th~ need time to figure all 1his out. Mr. Miller said he 1hinks we arc going in 1hc wrong direction. Council Member Waggoner said 1ha1 he has quite a few commcnls. He staled he remembered Skip Miller standing up and telling Council Ihm he would build a TOD dcvclopmcnl , or he was in favor of building a TOD development. and make ii look much like lhis plan. He said that in his opinion there arc a 101 of things that have 10 be done with lhe plan . Mr. Waggoner pointed out 1lia1 he docsn ·1 think lhc traffic circle is in the right place. He noted 1ha1 Mr. Miller was conccmed about liaving n roadway between the Wal-Man and the p.1rking toe and he \\~IS also concerned about the location of the theater. Council Member Waggoner staled that he thought those wen: things that liave to be addrc:sscd . He opined that there is some phasing 1ha1 can be done. maybe 1hc residential docsn ·1 come at this time and that the developer. that wants lo build a project . c:in 1cll Council 1hosc 1ypcs of things. Mr. Waggoner pointed out that he never did sec a final rcpon fro1111hc CRNA Compass Group. He said he 1ho11gl11 ti~ \\ere •. ... .. • • • 0 • Englewood City Council January 19, 1998 Paxe2B <. • 0 (• • suppose to get us a financial plan. He stated he must have about 50 or 60 questions on this $285,000 plus $28,000 proposal and he is not in favor of voting on it any time real soon . He stated he would like 10 see. and he thought it could be done, between now and the study session February 9°', a proposal from Skip Miller telling us what he is willing to do on getting us. essentially the concept plan that we have before us. working into it the transit oriented development ponion of it with the different uses . Mr. Waggoner said that if his figures arc correct. as he added it up. th.11 there arc still 403 ,000 square feet of retail and cntenainmcnt on that plan. City Attorney Brotzman requested that Council Member Waggoner clarif)• which plan he is talking about. Mr. Waggoner advised that he is talking about the last Council proposal . Skip Miller noted he saw the plan Mr. Waggoner was holding up, that for better or worse. the Calthorpc plan that Council looked at and got all excited about. Council Member Waggoner said it was the concept that Council could agree with, that there was some movement of buildings that Mr. Miller was concerned with. But. Mr. Waggoner reiterated. ifhe added up the figures right there is 40J.OIKI square feet ofrciail. Skip Miller noted that it is not retail shon. that that is not the issue . That it is the cost to bring it about . Mr . Waggoner said that he understands thal. Mayor Bums noted that is one of his questions. is it retail shon or not. Mr. Miller advised that it is 1101 retail shon at all. That there is some retail in there. as Mr. Waggoner pointed out . that he feels may be facing Ilic wrong way. its got 10 be turned. but they can deal with that. it is 1101 retail shon . Council Member Waggoner pointed out that Council passed a resolution that said they wanted 400.000 square feet of retail and entenainmcnt on that site initially. He said we still have it with this plan and he would like Skip Miller to come up with a proposal by Fcbmary 9•h. present it at the study session and lets see where wc arc. lets get this thing going . Council Member Habenicht asked Director Simpson if the amount of money we an: talking about. this son of value added. value this. who does it.. .arc these things that would need to be done by eitlicr the developer or someone. that they would need to be do1ic anyway. Director Simpson stated that is correct . Ms . Habenicht said that what she is hearing is th.11 Skip Miller could give Council these answers in a week and these ollicr people couldn't give these answers. Director Simpson said no . Ms. Habenicht asked him to explain that. because it sounds like Skip Miller can come up with these answers. but these other people can't. Director Simpson stated there has been no dccqllion. but there has obviously been some misunderstanding. He said he believes that what we were trying to get at tonight was the issue of control. He opined that the reason wc arc bringing this up is that it is being proposed. and no we did not show this contract to Miller/Kitchell because we arc still ncgotiatmg and working through this and trying to get an understanding ofwhctlicr the City wants 10 do this. That is why we arc talking about this issue. because it is significant to understand if Council wants to move forward. take control and pay for tllCSC costs up front. And there arc questions. Mr. Simpson advised. that ha,'C to be answered. Miller/Kitchell. he said. has to answer those s.111ic questions. Whether or not we do II in the same tune frame. that is a question. He stated Ibey arc going 10 have to absorb some COSIS to get 10 the same d1rect1011 Council Member Habenicht asked if Mr. Simpson was suggest rug that tins 1s somc1l1111g 1ha1 needs 10 be done anyway . Director Simpson advised that 1fCounc1I \\-:lilts 10 proc:ced on a 1r.111sa1 onented development plan. it has to be done. The question 1s. docs Council wa111 M1llcr/K11chell 10 act as the master developer and solve tllCSC problems and bring back some anS\,crs \\Uhm a reasonable tune pcnod. by Fcbnaary 9"' or whe1icvcr that is. that is one issue Or docs Council want the Crt). \lllh The Deepwater Point Company. to act as our owners reps and sol\'C those problems Council Member Habenicht stated that her undcrs1and111g was that we had been wor1ung through this uansil oriented devclop1nen1 process, "'Orlr.mg \\1th M1ller/K11chcll . wortung wnh the City. worting with different people and pulling somctlung together \\here \IC could all co1ne to some aareemcnt She asked. ifwc were doing this Deepwater thing. gcttmg the ans\lers 1h1s wa), rather than gctt1n1 the lUIIWCl'I the • • Q , - Eackwood City Council .1-11· 19.1998 Pqe29 • 0 - otha way , if that in anyway precludes or climinaics Millcr/K11chcll from do111 g "hat tllC) would be doing . Director Simpson staled they have been cooperating very clTccmcl) throughout llus cnure pnx;css and wc have Skip Miller working very closely wilh us . He advised 1ha1 Mr Miller docs not suppon moving forward will, this kind of concepl 1ha1 is being proposed 1omgh1 and he ,s , Cl) adamant aboul 11. as !hey can clearly sec . Mr. Simpson said thal he would also say 1hat 11 ,s an issue that 1s being put on lite table. Council Member Habenichl said she hears Mr. Waggoner's commcms a nd concerns and she has a cornrricnt and concern 100. She commenced 1ha1 she knows we ha\'c been struggling for a long time to come to this poinl to where we have a shared vision of a transil oricnled development. She said that so many of the keys to a transit oriented development thal wc have been looking at. saying 1ha1 we want 10 have, that wc believe thar wc can have ... that we have been told repeatedly and rcpcaledly and repeatedly by Mr. Miller and Miller/Kitchell that that is not feasible. that 's nor workable. that 's not maitctable. that doesn't make sense. And a lot ofwhal was done 1hrough 1hc TOD process. with 11a1ional anemion. was saying yes it can be done. it can be made to have sense and wc can show how this can happen. Now . she said, wc arc asking lhar the proof of whether or 1101 it can be done should either be made by somebody who is trying to suppon the process or somebody who has been against the process . She said she would guess that what would happen is rhal if 1hc infonnarion were 10 come from people who supponed the process, say in 60 to 90 days. uh oh. I his is 1101 going 10 work . then we go on and cut our loses or whatever that might be and go on . Or we wail and lel all 1hcsc answers be given ro us by someone rhat has been telling us all along 1ha1 ii won't work. coming back and 1clling us ii wo11·1 work . She said she is 1101 sure where her level of acccp1ing I hat would be . She said . if lhe work has 10 be done anyway and 1he work is going to be done in a reputable way by professionals. thar lhesc an:11 ·1 rhe people 1har arc going 10 be getting the work, they arc going 10 be con1rac1ing 10 other people . She asked if she is underslanding chat right. Director Simpson slalcd chat in any cvenl lhcy have 10 ask specialises . Council Member Habenicht asked if that . in a way. wouldn '1 really be 1hc way 10 pull chis all 1oge1her . She said if ii is somebody lltat is going to come out and say it. 1ha1 lhis really can 'I work and 1hen 1he de\'eloper has 1ha1 risk lakcn away from him .... yes ii can work and I didn'I have 10 pay 1his 10 find out. Or if i1 is nol going 10 work and we end up going wirb much more general re1ail lo whal was already done . Ms . Habenichl said ii seems 10 her that miglu work for everybody's adva111agc . She said she docs11 ·11hink comrol is 1he riglu word. 1ha1 the issue is who is going to take rcsponsibili1 y for the decision . She opined 1ha1 perhaps 1ha1 should rest wilh the Council. Mayor Bums said he feels somcwhal in agreement with Ms . Habenichl wirh this. 1ha1 as long as wc have shifted from rc1aiVcn1cnainmcn1 ro TOD. and C\'Cl)'onc seems to conunined lo TOD . !Ital Council has 10 get these answcrs 10 lhese questions about numbers from somebody . Whclher its Miller/Kitchell or whether ii is Deepwater. and who is best able to do chat for us . And if. he no1ed. we have a conlract where we could have a deal breaker condi1ion in maybe 90 days or even 60 days we could ger an answer at that time as 10 whether chis thing appears ro work or 1101 and 1hen do we have a scenario where Deepwater says ii can work and Millcr/Ki1chell S1ill says ii doesn 't. Obviously. he poimed ou1 . somebody has 10 be in charge. He said he is concerned 11~11 Skip Miller didn 't undcrs1and that wh:11 was being proposed 10 Council lonight was an issue of whal he secs as con1rol. or whe1hcr the Ci1~· 1s gomg to be lite developer in conlrol of this or 1101. He commented th:n it seems lo him 1ha1 I here was some breakdown in communica1ion or understanding I here . But. he c111pl~1si1.cd . lhc~ ha, e 10 ha\'C 1he answers from somebody here . Ma yo r Bums s1a1cd thai he was willing to go ahead wi1h Deepwater 10 get the answers and ii seems to him 1ha1 we might li:l\'C a si1ua1ion of who. ultimatel~·. is the dc\'clopcr if we say ii works . He noted Council can slill make a decision as 10 who it is . Skip Miller told Ma yo r Bums th.11 1ha1 was a very good poinl. Mr. Miller said maybe he 1s not anicula1ing this very well . b1111ha1 he doesn '1 h:l\'c a ny problem ""h Deepwater bemg 1he people 1ha1 spend lbc next 60 days or 90 days deciding iftlus works or not . Tli:11 . he nolcd . is in spllc of the fact thar he docsn '1 agree wllh Council Member Habc111ch1 . because IIIC)· can \\Ork \\llh 1hc111 Mr Miller ach·1sed ,,, - ... .. • • • ' - • Englewood City Council January 19, 1998 Page JO • 0 I • - that they don't care if they are the point people or if Dccpwatcr's the point people. He stated that what he really cares about, and what he thought was in the agreement that has been discussed and been argued between them, is who is going to develop it once you decide this. He noted they haven't seen the agreement, so they don't know what is in the agreement in that regard. He said he doesn 't care if Council says they have the primary charge. if they want to call in 60 days and say what you have decided. that is fine. If Council wants Miller/Kitchell to cooperate and give them input which they have asked for . that is fine . Mr. Miller advised that they have told them. repeatedly. they would cooperate during this period of time. He said he is very much concerned. as he has said. that in 60 days Council will not have the answer. Council has had many, many different periods. and he said. he doesn't want to trace the history about promises to have answers. such as. lets just finish this Clarion study and we will have the answer. He noted we negotiated a plan that they liked and we liked and we were ready to go and then everybody changed their mind. He pointed out we have been delayed. there has been MOA 'sand performing ans centers to stop this and Council has looked and looked and looked. He said in his opinion. and he may gain some credibilil)• or lose some ifhe is right or wrong here. but in 6 0 days Council won·, have an~ idea if you can do this project or 1101. He emphasized thai he is VCl)' vcl)· concerned abont it. Mayor Burns commented that. as he said c:1rlier. Counc il needs tools. we need to have answers to these questions. because they can ·1 make these dcc1s1011s 111 a vacuum. Mr. Miller noted that as Tun Lco11.1rd s.11d . man) of1he things they are reviewing arc 1hings that we have reviewed. He said as Council mighl remember. a nd Dan Brotzman was very strongly involved III thas . that when there were 11ego11a11ons with Equitable. that the parking garage needed $28 .5 million of repaur or $25 million. some number like tlmt And that 1s what we held over Equitable to get the deal done Now Council is hearing t 1\31 tins proJCCI Illa) work. you may be able 10 save the garage. Mayor Bums and Council Member Habcmcht s.11d th,11, not what ti~ arc hearing. Mayor Burns said 1101 the whole structure Mr Mille t agreed 11ot 1hc "'iolc Slruct ur . but a s1gnifica111 ponion of 11. Council Member Habcnacht stated lh:tt 1 "hat Mr Miller :11d .all a long Mr Miller said 110 lhcy didn 't. that ti~ told Counal that ti~ ancd tl\31 nd "' 11 tllC\ me b.1d and showed Council lhat they could11 '1 do that :and sholO'cd them a nc... plan that g nd of 111.11 •ct rc:t ll ) fmstratcd here is that she gels resentful •tlcft she gets ,mo 1h1 an "a elected b~ the people and she really gets rcsemful •hen Mr. Miller put her 111 docsJ1 '1 l,.110\1 \\hal she is thinking or whal she as rc:p,ctClllJII& Bottom hnc, . she ad . lh.11 , Id a n er. all tlus stuff. She asked Mr. Miller "hat he can g,,~ Council. •-hat lmld of 1d, be need 10 be de\ eloper of what Council wan1s. Mr. Miller said the same subsidy the) need Ms abhol , atcd 1ha1 Mr "-1111 r spccific.1lly told Council. al 1hc meeting of December 9•• or 15"'. "l1C1\C\cr 111 .. ~, 111CC1111 ... a . ,1~11 he c ould do a phase driven 1r:111s11 oncn1cd development proJCCI Mr M,11 r ·ud I docsn I bchc,c th:U ,s nghl Ms. Nabhol,. said 1ha1 ,s "hat she has a problem _.,th and she would 1:il,.c 1111111 0 1ask 011 ,1~11 Mr. Miller told Ms. Nabhol, she can tac him to task on a n)1111ng she \\a111 s. blll he 111s1sicd 1ha 1 he 1old Council and 1old 1hc Slaff ,1~11 tllC) canno1 do an)1hing tllC) can 't do He cmpl~, 11_cd lh~ ca111101 111:akc 1hc numbers go awa). Council Member Nabholz stated 1hat Mr Miller can ·1 conumuuc:ue a nd he c.1n ·1 agree and he comes in in an attack mode Mr. Miller said that is right . because tins 1s 1hc first tune 1ha1 they were attacked. He stated thal if Ms. Nabholz had been involved III t111s process. 1ha1 they lml'c been here for three years. Ms. Nabholz stated she has. that she l~,s been on lhc 01her side just as long. Mr. Miller staled they have been here for rhrcc years and they have not asked for one penny 10 do one 1hing. He poinred out there has not been one thing they said rha t hasn ·1 taken place. He main1:1incd tl~II 1hc reason the Equitable agreement is in place is because oflheir idc.110 get ii done. He slated he ncgo1iatcd th:11 dc.11. Ms. Nabholz s.1id ... you negotiated that deal ? Mr. Miller s.1id yes he did and he believed 1ha1 Dau Bro1 z ma11 knows thal and the people 1ha1 are here knows lhat . The lhing was at a st:1lem:11e . Mr. Miller nolcd 1ha1 thC)' Sal at a mccung where Tom Burns was over across the st reel and said okay we arc rc.1dy 10 get stancd. We had a press , I • • 0 I • Enpewood City Council January 19, 1998 Page JI • 0 • I• • conference ... we are ready 10 gel staned. II stopped. He said 10 Ms. Nabholz 1ha1 ii is lime 10 do some attacking, it is time 10 have some frank discussions about what everybody is doing. Council Member Nabholz advised Mr. Miller tha t he has 10 realize where they come from 100 and whal they represent and what they want 10 see over there and the accountability they need out there. Mr. Miller said 1ha1 was fine . that she can attack him all she wants and if ii is doable 1ha1 is great . He said he has never said. and if he did he would retract ii , but he cannot do a phase development of a TOD. anymore than Mr. Leonard or Ms . Utter can. Ms. Nabholz said she recalled 1ha1 Mr. Miller said he could bring in people. lhal housing wasn't his area of expenise, but that he could bring those people on board. Mr. Miller staled they said that if Council has a plan that works. they will not do the housing. that they will bring someone on board. Ms . Nabholz said, then he is now saying. that the plan 1ha1 he sat down and saw the concept. that ii does not work for him. She asked if that is comxt. Mr. Miller stated that ii is not a matter of ii not working for them. that he has doubts as whether economically ii works for Council. He maintained 1ha1 is all he said. Ms . Nabholz said she agrees and that is why they discussed phase driven project. Mr. Miller reiterated that he has concerns as 10 whether phase solves the problem. he doesn '1 know whether ii is doable. Ms. Nabholz she said then what he is saying is he doesn '1 know if ii is doable. Mr. Miller s1a1ed he does not know whether Council will ever gel Iha! done or he will ever gel ii done or whether Mr. L=nard or Ms. Uner will C\'er gel ii done . Mr. Miller said they have serious ques11011s . He ad\'ised 1ha1 when he met with staff and Mr. Simpson. that Mr. Simpson said 1ha1 C\'el)' concern he had was a valid one and he said they were concerned abou1 1he same things. Mr. Miller said 1ha1 is the point . 1ha1 they don't know what we can do. Council Member Nabhol z asked if ii is 1n1e 1ha1 Council can look al those by the S111 of February. in black and while. She asked ifthm is eorrcc1. Mr. Miller stated Council can have them tonight as they have put them in writing. Ms. Nabholz said okay . bring them on. Mayor Bums staled that obviously Mr. Miller has done research on this. as he has told Council 1nany . many times, that he has done this background and ii appears 10 him 1ha1 ii was basically on the original concept of entenainmenl and retail. He asked Mr. Miller what he has now 1ha1 is a TOD focused analysis. that we arcn 't trying 10 get through Deepwater. He noted he is confused about where Deepwater and Miler/Kitchell arc in their analysis of the TOD. Mr. Miller said he wanted 10 try to explain 10 Council that it has nothing to do with TOD or all retail. He advised 1ha1 the condition of the parking garage and the ability to save it. .. the garage doesn 't know whether ii is a TOD garage or an all retail garage ... so the issues and studies Ibey have made about the garage have nothing 10 do with TOD or nothmg 10 do with all retail . Mr. Miller staled that they do 1101 believe 1ha1 any pan of the garage is savable. TI1e amount or din that has 10 be brought in 10 fill Iii.: site is the same whether ii is a TOD plan or a plan for all retail. He pointed out that they have studied this. Mr. Miller stated lhal the things they have studied. and 1l1erc arc many. many more that tllCY have studied. or engineering. with water and sewer. arc not dependent upon whether it is TOD or all retail . He said ii is 1101 like ... wcll you studied all retail and now we arc going 10 go study TOD. He advised there arc some differences. but 1l1e base things are ma ny ofthe same and the same concerns they have had all along about the economic vi a bility or a project . He reiterated 1hey don ·1 center on whether ii is TOD or 1101 TOD. They l~l\·e 1101hing 10 do with 11 Mayor Bums asked Mr. Miller if I hey can sha re 1ha1. 1f 11 is propneta~. Mr. Maller staled they have shared all or 1ha1 with staff. I hey have given staff everything. Mayor Burns asked if they can shonen 1his up by sharing this infom~uion or if we ha ve a paralysis of a nalysis. Mr. Miller said 1ha1 Council Member Bradshaw said a minute ago ... and he conunemed 1h:11 maybe this isn 't a concern of Council. bul IIICY are. quite frankly, flabbergasted by it ... 1ha1 lhcre is some agreeme111 between your consullams. forget us. that have driven the numbers lhal show a $28.S million shonfall . Mr. Miller staled 1ha1 if all the ground is bought up front. by Wal-Man and 1l1e Miller/Kitchell developers. there is some SS million shonfall that they still don ·, have an explanation for If lhe Council hasn ·1 heard 1ha1 or seen ii . l1e said. maybe Council will give them some time lo sol\'c ii. He said that is fine . maybe 1l1ere arc some ways 10 solve: it . but Council al le.isl ouglu lo know ii exis1s Mayor Burns opined that tllCY are a ll aware 1ha1 the numbers don 't exactly wort :11 this point. He said he docs 1101 lhink 1ha1 is 11CW. .. • • • 0 .. , H1 Englewood City Cuuncil January 19, 1998 Page J2 • 0 , . • Council Member Bradshaw s1a1cd 1ha1 she hasn ·1 seen 1hc numbers. 1ha1 she has been consistemly asking for numbers and she has yc110 see numbers . Mr. Miller commen1cd 1ha11his is where ii gets confusing . He said Council Member Habeniclu is shaking her head that she has seen the numbers and knows 1hcm and Council Member Bradshaw says she hasn ·1 seen them. Mayor Bums s.1id they hear tha1 there is a number. tl~1t docsn ·1 work . Mr . Miller asked Mayor Bums if there isn't a difference between we arc $2 or $3 million shon or we arc $28 million shon . Both are numbers. but, he asked. isn'1 therc a difference . He said isn't 1hcrc a difference in Council's concern about the likelihood of going forward . if it is one versus the other. Mayor Bums suggested that maybe 1hcy could hear from Tim Leonard. about. other than a number you are shon. how Council gets to look at numbers. period . Mr. Leonard staled 1hey arc clc.1rly no1 in any competitive role wi1h Skip Miller a1 all . He said 1hey are not coming in as developers. pU1 in equity money and take any kind of development away from Miller/Kitchell. whatsoever . Mayor Bums s1a1ed they were 1old tha1 1he first lime th~ 11ic1 with CRNA and Compass. up in Conference Room A. when they firsl sal down wilh us . The~ s.11d lhey were 1101 here to push anybody 0111. we arc not here 10 iakc over. Mr . Leonard said exac1ly and 1hat 1heir role staned as a volunteer effon. as a con11111111i1y professional. to be able 10 s.1y. can a co11cep1 like 1his work al a site like this. And that. he s.1id. was 1he whole issue . And 1he111hcrc was cmploymenl after 1ha1 10 be able to say ... finish ii. take an idc.1 . hire Cal1horpc and have a TOD gum look at 1his and ge1 ii to a 1ransit oriented dcvelopme111 plan . Mr. Leonard mai111ai11ed !here is no qucs1io11. 11~11 1he~ have never disagreed. tha1 ii got tougher 10 impleme111 .. and. he s.1id. Mr. Miller knows 1his as well as we do ... going from an idea to a conccpl. But. Mr . Leonard said. the first thing he wanled to say was thal they are not in any competition. He stated that llicir agrecmem with the Ci1y, as we discussed . as an owner's rep , is 10 represent the City so tha1 you get lhe bcs1 product. for 1he lowest amou111 of mone~. in the shonest time frame . always. He said Council could s.1y 1011igh1 ... we w:1111 lo do a rc1ail dcvclopmcnl and we wan1 an owner's rep making sure that subsidy goes down 10 zero . He s.1id we would be on 1he s.11ne side as saying we arc going to work together 10 be able 10 gel ii 1ha1 way. bul Council is going 10 ha,e 1he knowledge of exactly what the issues arc . So that he s.1id. is the firsl issue. so a11~1h111g in I hat agreement. there isn ·1 any implementations. we 1alked aboul before. how ii gels implememed ... we have never represented Uia1 we were going 10 be any pan of the impleme111:11ion . to come in and be a thre:11 . He noted that Skip Miller has raised concerns 10 n~'lkc sure lhat the implcmcnta1ion would go the besl way for the City and Miller/Kitchell as possible. and Mr. Leonard advised 1hat 1hcy said tliat is absolutely something they would cross when they get there . Because. he s.1id. I hat is pan of tlic development plan. that is how it gets implemented. So as 10 whether Council has or hasn't seen the agreement. it is an owner's representative agreement. just like you wouldn '1 see lhe agreemenl tl~1t the attorney would hire anolher attorney to represent them in any other nego1ia1ions . Mr . Miller stated you also wouldn 't be asked 10 comment on it and be embarrassed by why we didn 't comment on it ci1hcr . Mr . Leonard said 11~11 ho\\ you com1ncnt on being able to work wi1h an owner's rcprcscnlative is 1he commenl thm Mr Miller s.1id before .. that he would cooperate wi1h an owner's rep . period . Mayor Burns ackno\\ledged 1ha11ha1 could 1~1,·c been a misunderstanding up here . He said he ,,as 1101 sure it is even fair 10 ask huu 10 comment Right . Mr . Leonard s.1id . numbers. numbers go. it \\elll from $2!110 SU million. II weul 10 S6 million ... every day he runs a new spread sheet and ii depends on wh:u your assumptions arc as 10 \\l~11 goes mto ii. He said he wanted to address some of these rcpons. Mr . Lco1~-.rd c.~pl:1ined 11~-.1 when ti~ \\ere in the CRNA process U1ey were told we didn 't l~wc the 1i1ne as volu111eers 10 read lhrough a stack of stuff. we had very little. we just came in with ideas and said let 's see how we can implc , .e111 them . All the wa)' through the process. all we heard . and he s.-.id he 1:ilked 10 RTD . Walker/Parking and M1ller/K11chell . was tliat they all said the parking deck l~,s got to go down . there is 110 salvageable there And 1he plan \\e came up with . he said. after they drove 1hrough and s.11d th~ couldn ·1 behC\·c 11. is . let 's ha, ca plan that so1nchow saves "' - .. I • • 0 ' l • • • Englewood City Council January 19, 1998 Pa~JJ • 0 • this parking deck. Mr. Leonard stated that sure enough two weeks ago, we get all kinds of parking studies now that we arc into this course and sure enough what does Walker/Parking say ... that we estimate that there is a useful life of at least ten years. Well. Mr. Leonard stated. we had said five in ours. So it is in there. He advised they were driving with Manin and Manin. the engineers. the same engineers that have been working on this project forever. two weeks ago ... Rick Kahm and Chuck Esterl y .. they were all in the car and the local architect. which there hasn't ever been a local architect on the project. has said you know there has got to be a way to be able to make this parking deck work. And Manin and Manin. as they talked to the architect. said. you know what. there is a fifih alternative . In all our plans there were four alternatives. but maybe there is a fifih one. Maybe we can use this as a form and save some of this by pouring new slab on top. He pointed out it is a whole new idea that has never been presented before and the issue comes in is when you say we really want to make this work. we want to push the envelope. stay up longer and work harder and we want a couple of volunteers that have said we think this is doable. we really want to make it work. Mr. Leonard stated they have worked with Skip Miller the whole way and he has been very supponive the whole time. of being able to say what do you need and how can we make it work. He added that Mr. Miller has been vcl)' realistic. that he 's saying he thinks when you get done. it is not going to work and we have said. we think when we gel done there is a way to be able to make it work . Now, Mr. Leonard pointed out. that one of us is going to be right and one is going to be wrong and that is okay, that is a professional issue that we can go solve . The issue is arc you going to take it and be able to make it work. He noted when they had their discussions last week . and then later when they met the next morning. we said an owner's rep would be great for the City. Because. he advised. we could drive to the issue and hit it and work together to come up with a plan. because no matter what the plan is its probably not going to look like 100% retail development and its not going to look like the concept plan . But it is going to be a plan that our charge was. to make it work without a bond issue. to 1nake it work without subsidy from the ta~payers. He stated they can make that work and the numbers go all up and down. and the solutions arc tough. But we were going to work together to be able to do it. So. Mr. Leonard explained. their issue is not a confrontational one. their issue is not what arc we going to do and who is going to do it. The only issue Council has in front of them. he opined. is arc you saying this is going to be an impossible task. wc arc not going to take the risk in time or money. so therefore scrap it. lets go. stan in with the dc\•eloper's agn:emcm and be able to do it . And you S1ill have that time frJIIIC in there that you don 't know. wc don 't know and Skip Miller doesn 't know. what is going to be the subsidy required for that plan. Either way , he pointed out. you arc gomg to be pa)mg some 111011C). from . middle or end and it is just a matter of what do you want to get for your money in today's ume and III the future . And. he said. that is really what is in front of Council. He stated they have 110 beef with Wal-Man. Skip Miller or anybody else. Mr. Leonard advised they said they would use Kitchell . He said at fir51 the) were gomg to put togctlicr a team that did not have this comractor on. because this co111ractor 1s III Cahfom1a and wc said we want somebody. just like we want a local architect . we want a local contractor and we can have numbers. And Skip Miller said we were making a mistake. thm they have done lots of work and c runched lots of numbers and Mr. Leonard stated that they agreed he was right. They are going to be on. odds arc. the way \\'Care going to implement it . for what is best for the Cit y. is to have one contr.iclor do u all. so we wanl 10 work with tlicm . He said Council will sec on their sheets . the people we work with are Miller Dc:velopmc:n1 . Kitchell Cons1ruc11011 . And that 1s pan of II . so 111s11 ·1 a confrontallonal issue unt1l 1t starts to get up and say well these gu ys can do something dilTercnt than these guys . He advi sed they \\Ouldn ·1. that whenever they do an~1hi ng 1h.1t has rc1 :11 I. Skip Miller is right there. Whether it 1s 1ncctmg with Sony or Wal-Man or whatever it is. it is being a ble to desi g n a th ing that fits properly. There is no quesuon. he stated. thal ii is difficult wlicn you put a Pet e r Ca lthorpc in tlic middle of it. because it is tough . because he pushes the envelope onto an ex1rc111c that makes it harder. Our numbers went up significantly and the ways to solve it were sigmficantly tougher. He adv ised they wrestled with being able to say ... lct 's be your owner's rep. but not C\'en put :1 Pc1cr Ca llliorpc on the tea m . Because. he said. we don 't have the time or the moricy to be able to dnvc and get the price and the results thal we want. So th.11 is pan of the issue they arc wrc:slling "11h a nd . he said. e\'CII Sk ip Miller had made sure we can have them. but control them. Pan orwhm a n O\\ucr's rep docs 1s get the m down a nd control hi s umc and his dollars. He reu e mtcd thal • " - • • • , - - Englewood City Council January 19, 1998 Page 34 • 0 , . • those arc the things they are wrestling with and the owner's agreement. which Council has in front of them, is their best shot at being able to take all of the costs you would have to do a proper due diligence. taking it from one to another. and being able to give Council a set time. Mayor Bums said then at that point you are not deciding who the actual developer is . Mr. Leonard said no, it is almost the opposite. They are assuming. from day one. it is always going to be the person who is standing right next to us . working with us the whole way through ... Miller/Kitchell . So. he pointed out. they have never made any assumption or thought anything otherwise. Council Member Garrett commented that he has a lot of questions on the contract. but putting those aside ... one of the things it says Mr. Leonard will bring to the table in this process. is a letter of intent from the general merchandiser from the cinema. He asked how he will do that without. in essence. the developer. Mr. Leonard advised they do it with the developer. Council wants this product done and they want to make sure that you have a plan that is implementable. In other words you would have the users that would stand up and sa y ... I can take that site. deliver it al that time. in that condition. for that price. inside that development, I will do that. That . he advised. is what a le11er of intent says . He said Skip Miller is right there doing that. and Mr. Miller has one of the letters of intent himself. Mr. Miller has to say I will take all the retail. I will bu y all the retail sites. I \I Ill pa~ that price. for that kind of Sile . for that kind of retail. in that kind of time frame . He said if yon get a picture with purple trees on it. that says this is a great deal. but you have the Wal -Mans that say son~ that is two ~e.1rs behind schedule. so don ·1 look to me to go inside that pretty red box ... then you have no plan . So the plan is . Mr. Leonard advised . to be able to sit down with each one of the users and say how do you make this road do this. or give me more parking here. too many trees. what about the covering in back of the trash containers. All that stuff. that is the kind of stuff every developer docs in the meantime. Mayor Bums asked if that was what he was saying, when he was saying. we get these people together. wc get these letters ... and that is what they mean by a development plan. A plan that they are all together with. that can just be impleme111cd . Mr. Leonard said that is it exactly. because walking out of the development plan meeting. which is the meeting where you s.1 y this is done now and it works and it is a zero subsidy and we like it. It is not exactly like this. it doesn ·1 have the park this big. the traffic circle is moved over here and some of these things have changed. But . he noted. you can go down the list and Skip Miller stands up and says I like it . it works for me. I can afford it and the numbers are okay. Wal- Mart says. it works for me . the timing is proper. the Cit~. all the bond guys say the building works for me. RTD says it works for me. the rcsidenti:11 developer s.1~s the phasing works . All that works and everybody says it is implementable. Then the Council either s.1ys . I don ·1 like it because the park isn 't big enough. so forget the whole thing and lets go to something else. or they s.,y lets go do it. Council Member Bradshaw ask r . Leonard if all the people listed in the contract. as far as team members. are on board with tis moment . Mr. Leonard said juSI about. Ms . Bradsha w said just about. Mr. Leonard noted t t had two weeks tot~· and see who they needed and all the \\Ork they needed done. They met w · I • nin a nd Man in. drove out in the field . and they ha,e done a repon already. Mr. Leonard no we s.1 y ... well c.1n we get a proposal from ~ou ... a nd they S.l) for \\ll.11. exactl y. To invcsti • the fifth proposal. to analyze core samples. 10 do stnic tur.11 integrity wh.u exactly o . And . he said. we !old them we do11 ·1 kno\l ~cl yor Bums asked if these are the s.unc snbcontractors Skip Miller \\aS proposing. Mr. Leonard said he thought most of them were. that Skip has worked with Manin and Martin. but he didn "t think he has with Walker. but they used the same repon. He s.,id he did11 ·11hink 1r:mspona1ion stuff has been done. Mr. Leonard responded that some arc and some aren '1, the expensive ones we do. wc overlap. He advised on the 19"' of December he asked for a propos.11 from Walker and he got it five days ago. And that. he said. is the kind oflcad time ... that he can't call up somcbod) and say this is what wc need. come out to the site .,, - • . ' I • • 0 ' • Englewood City Council January 19, 1998 Page 35 • 0 I• - and give me your proposal. so I can lock in a dollar amonnl . Thal . he noted. is 1hc problem 1ha1 they have had. He explained 1ha1 lhe usual owner· s rep procedure is 1ha1 everybody works for you. every check 10 every survey, or whatever works. for you and 1hc owner's rep works on a retainer and says ... lislen I am your employee thal you fanned ou1 , and I'll pul all these people undcmcalh you a nd if lhc cosl is S 10 .000 for the repon you pay $10,000, if ii is $12.000 you pay $12 ,000 and if ii 1s $8.000 you pay $8.000 . I give you a budget and I lry 10 keep you inside 1ha1 budgcl. bul if ii is over. if ii is under. ii docsn ·1 mailer. He advised that he is just saying is lhat he is going 10 give you lhe bes1 for lhe lowcsl . This is diffcrcm. Ibis is one thal says I don 't care, you have 10 pay this amounl of money, you have 10 deliver all of1his. I don 't care how much lime it takes. I don't care how many surveys you do. how many core samples ... you have to figure it out. Mr. Leonard staled that is the risk shifl and they can do either one Council wants. this was a new program. this kind of phase it is not nonnal lo do ii . II is in the project management phase. when everybody says we know who arc players arc. we know who arc developer is. we know everything ... now just go manage the whole project and make sure it gets done on time on budget or sooner under budget . That can be easy . This. he pointed 0111 . is tough . Council Member Bradshaw questioned whether Mr. Leonard has lhc expcnisc 10 do 1his. Mr. Leonard said absolutely. Council Member Clapp s.1id she just wa111cd 10 make sure she understands I his. Thal 1he way she has always understood it and 1hc way she still believes this is going. is 1ha1 Mr. Leonard is basically acting as a project manager on behalf of lhe City. Skip Miller is Slill the developer and we arc talking aboul getting hard numbers within 60 lo 90 cfays lhal Couucil can evalu.11e and lhey can pul those up ncxl 10 Skip Miller's and U1ey have finall y come up with a plan 11~11 1his Council likes. She staled Council likes wha1 they see and she sees no reason why we would not pursue 1ha1 . Mr. Leonard advised 1ha1 1he only thing be would caveat is lhal Ibey don 't pul them 1icx110 Skip Miller 's. bcc:1usc he ha s been working with them. his numbers arc our numbers and Mr. Miller has every smgle spread shcc1 he has every read. Mr. Leonard advised that he and John Loss lia,'C been working on them so they cstunme 1lic same COSI to do the same U1ing . The only lhing tliat would be different 1s if Council said .. I don't know where this proa:ss is going 10 end up. I wanl Skip Miller to finish lhe developnicnl process under his 100-/o development plan so they could compare dollar for dollar whai his subsidy would be on that plan becausc ... we will pay $2 million more for this over Ibis and so we wa11110 see ... if its al $3 million and $5 million or is it $3 million and $8 million and then we say sorry. Bui. Mr. Leonard advised . pan of his problem is that he 1101 only lias 10 say how much the price would be. but also how 10 solve it. That is the difference ... a developer can say here is $3 million. wrile me a check oul. An owner's rep project manager says ... and here is how you do it ... therc is an $11 million problem so you liave to do 1hese with bonds and these over here and tbese with rebates and these with this and thm . And yes. he noted. there is no question ... Skip Miller loud and clear ... l won ·1 prepay for lhc land . Mayor Bums staled 11~11 was 1hc point he was nmking. Skip Miller lms his numbers. obviously. and he has had them for some lime. Mayor Burns asked how they gel from 1ha1 10 "ha1 Mr. Leonard ,s doing. Mr. Leonard Slated he docsn ·1 have a subsidy number for IOO% retail plan. he needs 10 finish 1ha1 lime frame oul. Mayor Bums com1nc111ed 11~11 even Mr. Miller is saying 1h:u he is 1101 even proposing 1ha1 anymore, that he is willing lo do TOD. So, if we arc going to do TOD. lets slick wi1h TOD. If al the end of 60 or 90 days you arc coming back and saying I his docsn ·1 work ... I his way or 1101 . Mayor Bums asked if we have a way 10 scale ii down or change ii so Ihm ii will work and sllll be a TOD dcvclopmcnl. He opined that is impona111 . Mr. Leonard advised 1li;11 is whal they will be working on a1 1he same time. He said if they discover that lhey have a deal breaker. 1he11 we would just pop our head up and say we have a problem. And. Mr. Leonard advised. we did. we ran core s.1111plcs . 1he) came back. and we can ·1 do A. B or C ... it can ·1 be designed around lhc numbers. lhcy arc going through 1he roof. they can ·1 be controlled and there is no way we arc going 10 gel 10 any1hing 1li;11 resembles 1his So . he advised. whal they suggest is that it is going to be lhis plan plus lhis. Bui . he 1101cd. ii is 1101 going 10 be wild ideas . ..... •. • • 0 . ~ · li r, '32xl - • • Englewood City Council January 19, 1998 Pagel6 • 0 • , . Mayor Bums opined that they have to jump on that structure problem right away , because that seems to be a really big issue. Mr. Leonard agreed that it is. Mayor Bums asked Council Member Garrett if he had questions. speaking la\\)'er to lawyer. about the language of this thing. paragraph by paragraph. Council Member Garrett stated that clearly there arc issues there. Council Member Waggoner stated he has a lot of them . Mayor Bums asked if he has concept issues. Council Member Garrett stated that he would like to talk to Mr. Miller. Mr. Garren said just so they know, that he and Council Member Nabholz heard something slightly different . that when we went to this particular concept he heard everyone saying you really can't phase it in ... it was the earlier version when the residential was son ofup in the nonhwest comer ... because. he noted. he asked that question . Council Member Nabholz thanked Mr. Garren and told Mr. Miller she was sorry. Council Member Garren commented that somehow there was this impression, there was a change of control and who was going to develop the project . And now. he noted. we have heard Mr. Leonard just say now there is really no change in the control of the project . He asked Mr. Miller to respond to that. because he is hearing something slightly different and he would jnst like to hear his thoughts on that . Mr. Miller commented that it is very difficult to argue with the idea of lets spend 60 days with consultants. and you hire someone to do that. and then lets sec where we arc and go forward. But. he noted. the discussions they have arc much more in dcp1h than that . He stated it really boils down to the fact. and maybe there is nothing we can do about it . but we ha\'C been here for O\'er three years and he has no idea what the commitment of Council is to them . He said he has heard. and C\'el)1hing they ha\'e heard. has been positive. that he is still the developer. But. he asked. what happens if the numbers don ·1 work or somebody else will pay a little more . He said they left breakfast and discussed the idea of who was going to negotiate the Wal-Man deal ... us or them. And. he advised. it was Mr. Leonard's attitude that the only way for the City to get the best deal was for them to negotiate. because we may give them too good of a deal . Mr. Miller stated that concerns him . He opined yon have to look at this thing in two or three stages. The stage of spending 60 days to find out whether we have any problems. or 90 days to see 1f we can go forward or save the garage. he said they have no problem with that issue at all They arc vcl)' much on board and would like to help. He said they ha\'e some opinions about it and if anybody wants 10 know he would give them his opinions about the garage and some of the concerns he has about it and some of the concerns his consultants have about it. But. he noted . he didn't think that was Council Member Garrett 's question right now. that he thought it was more about the direction we are going. Mr. Miller emphasized that they have asked repeatedly. and Gary Scars was good about it. because he asked him. but he wanted to know what their role is. what do they want them to do. If they get through the study and say we can do it. then. Mr. Miller asked. what happens. Again . he noted . there were conversations they had with Mr. Leonard. and he docsn 'I think they were confrontational ... just two different ways of doing things .. that it was originally proposed that they were going to do the din work and deliver the site filled and we bought tlie sites. Mr. Miller advised that he told Mr. Leonard and Mr. Scars. uncqui\'ocally. that this is a threat. if that is the deal we want out. we don 't want an~hing to do with that. that is not workable for us . Mr. Miller stated he has no problem in the stud) phase. but once we stan implenienting tlungs and we stan dealing in the areas with Wal-Man . with reciprocal c.1sc1nc111 agreements. operating agreements. development agreements. which tenants c.111 go in and c.111 ·1 go 111 and how close restaurants can be 10 them. then he has 10 do that. He noted this is a project original!~ ... now he doesn 't know what 11 is .. but originally it was somewhere around a $..10 million project that they arc going 10 probably have $10 million of their money in ii . He pointed 0111 that they thought they should be tlie 011CS 10 decide some oftllC5C tl1ings . Nol what it looks like or what is in it in a general sense. but how it gets developed ... what the din cost, what the utilities cost . what those agreements arc. He said there were i5Sues. the last time they tried to ncgotiaic a dcvelopnient agreement they were dealing with coming up witll a list of tenants that were ,,,_ • I • • 0 f Englewood City Council January 19, 1998 Page 37 ' ,, • "~ 0 t• • acccplable and not acceptable to the City. And they would work with that and tried to list those and negotiate the development agreement. So. he s.1id. they were giving the City some control. but it wasn 't that they were going to finish this thing and say here is your deal. go do it. Mr. Miller stated that that is noc their idea of a developer. Maybe. he said. they have had some communication problems or lets say we have had some. But. he emphasized. he still. standing here today doesn't know what their role is. he has no idea, where they are or what they arc supposed 10 do. Other than they are supposed to cooperate with them. which they will do and Mr. Miller said he was not s.1ying that facetiously . but then he doesn't know what happens. he doesn '1 know where they arc. Council Member Garrett said the proposal, and he asked that Mr. Leonard tell him if he is wrong, is that after this development plan as proposed is developed. that Mr. Miller would buy the retail. in essence . Mr. Garren said that in his mind that would mean that Mr. Miller would write a check for the land . Mr. Miller asked in what condition would they buy that land. Council Member Garrett said he did not know. Mr. Miller stated he does 1101 know if they have resolved that . He said that is not a leading question. he just docsn 't know if that has been resolved . Al one time it was. but Mr. Miller stated that if it is unresolved then they are concerned. because they don ·1 want 10 spend a lot of time going forward if it is going to be the other way . Mayor Bums asked if that is pan of what Mr. Leonard is supposed 10 develop for us here. Bui. Mr. Miller said. that he thought in fairness they need 10 understand what their role is before we go funhcr. And they need to understand what their position is going 10 be . He said it is not ... well they arc gomg to spend this time and then well if it happens 10 be the way you wam 10 do ii. you can do it. if you don '1. then you can get out. Mr. Miller poimed oul they have spent a lot of time. Mayor Bums said if Mr. Leonard's studies dc\·clop Mr. Millers role. and if Mr. Miller needs 10 know what it is right now, then we arc in two completely difTerem camps here . Mr. Miller said he was sony. he didn't understand what he was saying. Mayor Bums said if Mr. Leonard says that the idea of the study is to detennine whether this works and what the role of the developer is. what you arc going to do. we arc going to have a development that is ready to go and Mr. Miller says he has 10 know right now. then those are two very different positions. Mayor Bums asked where arc we . Council Member Waggoner s.1id he was 1101 sure what we arc talking about when we say we don 't know He commented lh,11 he thought we did know. Mayor Burns said know what . Mr. Miller said all they want is clarification. Council Member Waggoner stated that for sure "e know that this is the concept of the plan that we want . He asked if that was correct . Council concurred. Council Member Waggoner staled that he spclll three days in New York City ICSlifying before a judge. when Equitable tried to close down Von Frcllick. The testimony was .ibol11 the parking structure. they wanted to shore it up undernc:ith. so it would handle the traffic and the he.1V) loads that were on the structure. About two or three years after th,11 t~· had three consult mg engineering finns trying 10 convince lhe1nsclves that they could put three inches of asphalt on the parking stmcturcs. Council Member Bradshaw said on lop of the b.'ld found:111011 . Council Member Waggoner said that was righl. Mayor Buffll noced that that was one of his questions. ,IS he has always heard that the foundation was unsatisfactory and they do11 "t build them th:it way any more. That . he noted . is an old concept as 10 why that place was ne\'er stable . . , • . • • • 0 f J • Englewood City Council January 19, 1998 Page 38 <, • 0 • Mr. Miller advised 1hey were 1101 here 10 1ell Council lhe parking garage doesn ·1 work . bul I hey studied it and Ibey have a lot of concerns. He said lhcy could talk lo anybody and he 1hough1 Council would agree. that one of the reasons Cinderella Cily had problems was people didn '1 wa111 10 go 111 1he garnge when ii worked. When it structurally worked ii was a rc.11 ncga1ivc lhing. ii is a real ugly mess . Again. he said. there are issues, these arc just highligh1s ... nOI for discussion ... bul in order for RTD 10 rk you have 10 take out a bunch of the columns. buses can't maneuver in lherc. Mayor Burns said he undel'Slands all that. bul that he sal here as a residcm and evel)'body else did also. watching them work on lhe parking structure for years and whal did lhey find out He noled Mr. Leonard is tallting about visual observations. but somebody must have done a lot more than that Mr. Miller stated they did a lot more than visualizing and that is what their concern is . He pointed out Ibey will sec: that the Joslin 's portion is concrete and lhc: restructuring company went in and fixed it He advised lhat wasn't a visual. we know what lhc:y spenl and 1hey told us and gave us three proposals 1hat indicated ii will cost as much to fix it as to rebuild it . because they did 1hc work . But then. he said. we ·vc: got somebody that is driving an an:hilc:ct by saying lhat lhcy have an epoxy dc.1l 1h.11 will gi\'C ii a IOO year life and he's thinking there 's something 10 look al and we oughl 10 expand and look al 1hosc tlungs. because II still might happen. Mayor Bums asked if we can ·1 share all that information. dou 't we all know 1hcse things. Mr. Miller said that is what they arc doing and he doesn 'I know how 10 get 10 an answer City Attorney Brotzman staled he likes 10 go back lo simple easy conccp1s . "hach \\35 a question tonagln Evel)'body said we wai11 10 develop 1ha1 picture. He explained 1ha1 1he question is do they ha\'e Skip Miller as Ilic developer and Tim Leonard checking up on ham or should lhc Ci1~ be 1he dc\cloper and lure Tim Leonard as our cons11lta111 and Skip Miller checks up on Tim Leonard Mr. Bro1zma11 explained 1hat if Skip Miller is the developer he will be asking Tim Leonard to do all lhe details in 1lic contract of" hal Skip Miller has to show us. If Tim Leonard is doing 1he colllract. he advised. lie will be talking 10 Skip Miller to do all Ilic details in 1he con1rnc1 so Tim Leonard comes oul ok.1y . He poi111ed out they are talking about who is the developer. who is checking up on who. Mr . Miller said that is well pul. lhat he just wants to know what tlicir roles are. as he never knows when he walks out of a meeting. whai their role is . Council Member Waggoner asked if lhcy aren ·1 1alking about one other lhing. He said aren 't you talking about also who pays the cost of 1hc infrastructure. He was 1old no . Mr. Waggoner asked where lhal lies. Mr. Miller advised lhal lhe cosls arc going to be cosls. thal lhcy can show Council lhe whole picture. either Tim Leonard or 1he111 or collecti,·cly . He staled lhcy arc going 10 have an economic package for all of ii. which will be infras1mc1urc as well as C\'CI)' 01hcr pan of lhc dC\·elopmenl. Council Member Waggoner asked if ii will be under one dc\'elopmcnl agrccmem . Mr. Miller said 1h:u 1s wl~II he doesn ·1 know. He stated he was 1old one lime 1ha1 some of lhe inrrastnacturc may be done. we may do ii. He rei1cra1ed 1l1a11ha1 is his question . Council Member Waggoner co1111nc111ed 1ha1 he was really confused Council Member Habenicl11 noted 1ha1 Cil)' Anorncy Bro1zma11 stancd 10 answer 1hc ques1ion she had She asked Gary Sears and Dan Brotzman if 1hcy were bolh in this most reccm 111ee1ing. She was 1old 1h31 Mr . Brotzman was nOI. bu1 Mr. Sears was She asked Ci1y Manager Sears whal lus u11dcrs1anding 1s If he feels comfonable. feels confidcn1. 1hat he c:111 respond 10 Skip Miller's quesuons as one person and if he feels confidenl 1l1a11his could be \\Orkcd w11h . 1hrough Tim Leonard. in a posamc way She asked 1f tha1 would be a bencfi110 lhe Ci1 y s1a1T in working lhrough 1his. \\Ould 11 be a dc:1n111e111 or would 11 be au extra drain. She asked if he fell he could 1alk direc1ly 10 Skip Miller and le1 hun kno". ,, - ·- • • • 0 - Eadcwood City Council January 19, 1998 Pacc39 • 0 • ,. - City Manager Scars said that he felt City Allorncy Brotzman kind of summarized the issue and that is what they were really trying 10 get to tonight. He opined that although the dialogue has been very helpful as to if there is a sense of cooperation in 1enns of dealing with the specific issues. He said he hears a,opc:ralion. but he docsn 't hear cooperation . He stated he docsn 't hear that this blend of both Deepwater and Miller/Kitchell have really come together or we wouldn't be having this in depth discussion. He said he would guess, as City Attorney Brotzman said. that there arc really two sides of the role. which is. do wc hire the expertise and the quality of Tim Leonard and Marilee Uner to bird dog, watch the infonnation that is put together and be, son of. the City's reprcscntalive. to take a look at the proposal that Skip Miller comes up with. Or. do wc ask them to put together the infonnation and ask Skip Miller to work with them lo develop that. Mr. Scars said he would guess he 's of the opinion. 10 a certain extent. where he thought it would be helpful for the Council 10 get a proposal from Skip Miller. in tenns of what he can do. in tenns of the proposed TOD project and what the costs are and what the difference in costs arc. And then see how good the proposed contract is and have the contract reviewed by Tim Leonard and Marilee Utter to dctennine whether or not that is doable . And . he noted . have them work with us to tweak the information 10 try to add value to the development . after an agreement is prepared with the developer to develop the property . Mayor Bums asked if the contract. which was proposed 1011igh1. is 10 make the City the developer for pwposes of this examination. He said he hc.1rd not. so he is not sure where that gets us. Where Tim Leonard is explaining ... if you w.mt TOD and you want to say you want to figure out if this works. then wc can do that for you and that is what we arc proposing . But we arc not saying the City has become the developer by going into the contract . Mr. Miller said they arc not suggesting that the City be developer. that developer is a broad tenn. He opined lhal what they need to do is define the roles and understand who has what responsibility. He said lets forget about who is the developer or whatever tcnu you want 10 use ... master developer. Mr. Miller stated that he wanted lo respond 10 something City Manager Scars said. because it is important . He acknowledged that he is probably as naive as can be here. but because he only knows the way he and other developers do things. that all the things that they do . he docs for nothing as a risk that they arc going 10 do the project. Mr. Miller pointed out that they don 'I sign a contract lo have the City pay x dollars 10 go out and investigate the garage. 11iat . he stated. is their responsibility when they were picked as the developer and they have been doing that al no cost. not even requesting a penny. with no contract whatsoever. That. he maintained. is what developers do . They take those front end risks . He noted the City can have somebody consult with lhcm. which they would love to have Tim Leonard and Marilee Utter do . and they would watch what we do and make sure that we get the right numbers so we arc not cheating the City or skimming the City in anyway . 8111. he said. it is not the developer that builds something. Developer means a lot of different things and when you say they arc not saying they arc going 10 be the developer. they arc doing a developers function. day one . City Manager Scars said he is right . but as the owner of the property we arc coming up with an agreement with Mr. Miller and wc need to know what the terms of that agreement are. as to what wc need to pay for . So. he stated, there needs to be an agreement and that is all we arc talking about . Mr. Miller staled that they have had a development agreement on the table. Mr. Scars advised that his proposal is tliat Mr. Miller present tliat to the City so we know what that is and we would look to them to assist us in taking a look al whether or not that can be developed or they represent us during the time he develops the proJecl over there. Mr. Miller advised that he was only trying to define some terms. because he thinks that in the simplest term. the developer is not just the guy who builds the buildings. Ma~or Bums said he understands "hat he is saying. Mr . Miller noted the developers role can mean a lot of dilTerent tlungs and we all lhro" these lcnns around. when maybe we arc all thinking about something different. Because he noted. 11 was . , ... • • • 0 , • Englewood City Council January 19, 1998 Page 40 • 0 • said you are not proposing that Miller/Kitchell not be the developer. but you are proposing a function that a developer normally does would go 10 somebody else. So. he said. whatever you want to call that . He stated he is not saying we shouldn't do that . he is just trying to get the facts . And like Dan Brotzman said here is the simple way. which way do you want to do it. Mr. Miller pointed out that it is Council's to decide. So. Council Member Habenicht asked. if Mr. Miller would work with this. Mr. Miller stated yes . Ms. Habenicht said. then Mr. Miller would feel very cooperative in working with that arrangement. Mr. Miller said. if they know what their role is. He stated he doesn't want to continue to work. not knowing where they are going to be. Mr. Miller reiterated that all he wants to know is what Council sees their responsibility to be. what their role is. Mr. Leonard stated that that is the point. which Skip Miller is making. that it doesn ·1 mailer to them how they assist the City. He said he and Marilee Uller were saying that if there is a cost issue. a cash now issue, what ifhe and Marilee Uller took the developers nsk and the~ front end all the fees. but the~ arc not in competition to do the development after words. so when would 1hcy e"er get 1he fees back . Mr. Leonard explained that that is why a developer. knowing that he has a project. can front end the fees . because he knows thal when he gets the project he gets his fees paid back. That. he noted. is pan of the issue that is on the table that says one can do it and one can check up. Or one can do it and the other can check up. Mr. Leonard stated that it docsn "t mailer which way it goes. with the exccpcion that if it is a cash now issue for Council. that is all it is. it is nOI a payment issue . Bc:causc. he said. there arc line items. there bas to be line items. and Skip Miller"s budget when 11 comes in. ,.hen the project is done. for all the work that bas been done for lus labor and hi s Slaff" s labor or an~ consultant work thal he has done. Mr . Leonard opined that is fair. because that 1s the ,.ork that 1s adding the \'3luc to the property . Regarding the oooperation issue. he asked that C ity Manager Sears no1 ffllsundersland that when Skip Miller says be c1ocsn ·11bink this can be sa\ed and he think II does that~ -'dn·t cooperate 10 get that answer . Mr. Leonard stated tha t he feel cat1ftdc11t thm ... tiatC\Cf tllC\ do t~ would be able to get that answer . The trick would be. he said. that 1f Council pu1 tum 1n IJO'lllon 10 s;a~ Skip Miller this is your nickel , you have to run 11 . its your budget and ou c.in F there on an~ path )OU ,.'301 and make sure we check up. Mr. Leonard Slated 1f he ,.ere to 53) great hire Man111 and Man111 for SS0 .000. take ten core samples because we need to Imo'"' this answer And Mr Miller U\ r\ al~ looked al it. I've done it already. this is my money and )'OU can ·, tdl me ho,. 10 spend II Tiu • Mr Leonard 1naintained. is a legitimate issue. and in that i11S1ancc they can "t get the answer Mayor Bums stated that that was his next question . c~actl~ that. ho\\ \\01dd he function 111 checking on what Skip Miller does. He asked if he would come back and s;a~ I "·ould hkc 10 lure this person to do this study. Mr. Leonard advised he would Just make the rcco1mnend.111on . sa~ this 1s ,.hat I think we can do to get here. The nice pan is. he smd . because 11 1s probabl~ a subs1d ~ issue . 1s 1ha1 that coSI . ,..hatcver 11 1s going to be . is going 10 be back imo the dc ,clopcrs agree111en1 a ny"a~ So he 1s gom g to be a bl e 10 sa~. listen I had 10 spend all of lhcsc front e nd cos1s. your cons11ltan1 s made me spend 11 . so therefore you have to be able to pay those. because my return is 11 . 9% 111s1c.1d of 12%. Mayor Bums said in Olher words. what he wouldn "t want. is for him to be in the position of wanting to hire a firm to do this and Skip Miller says no . I don ·1 want 10 do that. Mr. Leonard advised that that is his right to do lhal. he has been there and done that . Bui then. Mayor Bums asked. does Council get the answer from Mr. Leonard that they arc seeking. Mr. Leonard said no . not if 1hey want a full investigation of it. He indicated Skip Miller would say you arc wasting your money and you arc wasting your time. unless we arc making that progress. Well then . Mayor Burns asked. how do they do that. if ii is Skip Miller's proposal. do lhcy have a leeway in I here where we s.1 y we will fund that extra engineer if you want. Mr. Leonard advised lhcy would be working it out. Skip Miller would say ... 1"11 spend $285.000 getting you where you want to go and I am going to pul it back in the dcvclop111cn1 agreement. Mayor ....... ,,, - •. .. • • • 0 ' 2 J- Englewood City Council January 19, 1998 Page 41 ' • • !~ • Bums said then this goes back to Skip Miller and he says now he doesn ·1 know what his role is . Mr. Leonard advised that Skip Miller needs to know his role . Mr. Miller said if it were that way he would understand it perfectly . Council Member Garrett pointed out that the City has the ultimate leverage. Council does not have to approve the plan Skip Miller brings forward. If he says I am not going to spend the money. then we can say we arc not going lo approve his plan . Mayor Bums asked if we arc saying wc arc going to get to the same place anyway . Mr. Miller explained that these projects arc done a IOI, this is not a new concept. He said that. when they were doing all this work for the Broadway Market Place project. the City had DURA as their consultants and they watched every step they took and they decided if they had done the right thing or the wrong thing. And whether they were using the right consultants. whether it was designed righ1. whether the an was right, whether the utilities were right and whether we were going to pul st reel scape up and down both streets. Mr. Miller pointed out that this is really not th.It complicated . He staled that what he is concerned about is that we lmve complicated it by trying to change the functions . And maybe. he commented. he is just old fashioned and only know one way to do it. but that is lhe developmem business. He said what he doesn ·1 1hink lhcy can do and whal he lhinks is unfair. is lo be lhe predeveloper and then tum it over and say here now do il ... wc ·vc gol il lhis rar. do you like il. if you don ·1. don ·1 do it. Mayor Bums said tlml is exactly what Council though! lhcy were gelling lo by having a developmem plan that would be implememable. Mr. Miller said lhal lhc dcvelopmc,u plan. unfortunately. and he acknowledged that maybe he was culling his own 1hro.1t. bul lhal he didn ·1 believe the plan is going to look a lo( like that when you find out what you can afford . Mayor Bums noted that may be true . Mr. Miller IIOlcd that may be what Council Member Habenicht said. why hire someone that tells you that . But. he commented. if he believes that. he didn ·t think Council would want to lure him if he dido 't tell them what he feels. He said it is just like he told Council that he thinks the Cit)· Hall is going to COSI a IOI more than $5 million . But. Mayor Bums said. if he makes a proposal of his O\\TI. which City Manager Sears is asking for. he wants Tim Leonard to have some latitude to be able to spend some money to bring another engineer or whatever. to do something that he believes might be shown to be viable and Mr . Miller may not believe it. Mr. Miller opined that if he. Tim Leonard and Marilee Utter sat down and their subject was to determine the viability of saving the garage. that they could figure out a methodology to do that. And. he noted. it wouldn't make any dilTcrcnce in that regard whether it was one way or the other. He reiterated they would sit down and work together to get that done. llierc arc Oilier issues. he said. that the)• need to keep doing . He stated they need to keep working with Mark Goldberg and Wal-Man . as they don ·1 want to tum that o,'Cr to somebody else to go negOliate that deal. Mayor Bums asked if1hcy could move this agreement along with Deepwater and ask Mr. Miller to make a submittal at the same tune . Council Member Habenicht agreed and asked if they could do that. City Attorney Brotzman said no . Council Member Bradshaw stated we arc going to have to fish or cut bait Mr. Bro1zman advised they arc really going to l~1ve to s.1y do il . check on him. Mr. Miller noced this isn 't comparing one :1grccmcnt. that they arc talking about a philosophy of direction . If you go his direction ,md you don 't like the numbers. you don ·1 like the contract. you will fi .~ it . Mr . Miller Slated if they don 't like his contract . but they like the concept. they will fix it. He noted that as he told Mr. Leonard . wc have never lost a deal because we couldn't figure out tlie form or the lease. He stated they will work an agrccmenl out whichel'cr 11':I) Council chooses. And the fonn of that agreement, Mr. Miller said. is not whether you chose right or ten . He stated Council has to make that decision. bite tha& builct and fP. ,. - . ' • • 0 , ] • • • Englewood City Council January 19, 1998 Page 42 • 0 I• • Council Member Garret asked Mr. Miller if he brought a plan forward. they may be checking on it. but what would the time frame be. Mr. Miller opined that their time frame to develop the plan Council is talking about is no different than what has been proposed to them. He opined that wilhin a 60 day period. rather than a 90 ... thcy could have a pop up lime that says we think we ·re on path or we are 1101. And then we make a decision to move forward . Council Member Bradshaw said she doesn't think they should sign a contract with anybody until they get a plan. Then. City Manager Sears said. during this time frame. under the scenario that we use them as consultants and we would have some method where they give us consulting. Ms. Bradshaw said exactly . But. Mr . Sears noted. it is going to be on an hourly basis for them to do that. Mr. Leonard stated that is typical owner's n:p stuff. as Skip Miller said. that the usual way to be able to do it is. the developer does all the development and your owner's n:p just manages the project and makes sun: that you get the best value for the money. in the earliest time frame and for the cheapest dollar. Mr. Miller asked if there aren ·1 cities that have planning staffs that do that . because they have different degrees of people and then: are other people 1ha1 go outside and do that. But. Mayor Bums noted. he thought he was saying that in those roles 1ha1 Tim Leonard and Marilee Uner can still decide if the TOD concept that Council is looking at here. works or it docsn '1. Mr. Miller stated that would be a joint effon and they would work ve~·. very closel y. Council Member Bradshaw said she wanted lo propose a third option that nobody has mentioned tonight. She asked Skip Miller. if Council gave him this development could he just go with it. just take it and run today . Mr. Miller asked if she was referring to the development th:11 is on the table there. Ms. Bradshaw said as close to that as possible. Mr. Miller said hen: is the problem. and he noted they were asked to think about that. that his problem with it is that he is concerned that that is not viab!e . He stated that if they gave him $28 million he would go nm with it. Council Member Bradshaw stated that that has always been her concern. as far as how much it is really costing. Mr. Miller said he cannot make these numbers go away . Ms. Bradshaw asked Mr. Miller if he has the e.~penisc to run the whole project . Mr. Miller said absolutely. that they h,tve done projects like this and that is 1101 a problem. Council Member Bradshaw asked him if it would take him 60 d:1ys 10 lind out . Mr. Miller opined that m 60 days. 90 at the most. that as Tim Leonard and Marilee Uner have said to Council. that they would be able to come 1.0 Council together. their group and our group. Tim Leonard added that they would bring it 10 Council and say here arc the problems. do you want to take this risk or 1101 or. here are the issues. Council Member Bradshaw stated that if the problems an: known . as a representative of Englewood. she needs to know what those problems arc. Instead of people just talking about problems and not identifying them . She said she knows one is money. but th.11 she is tired of hearing about all this other stuff. through iMuendo and rumor. that she has no knowledge of. Mr. Miller said she would have to sit down with them and spend a lot of hours with them 10 go through all those points. if Council wants to know. if they really want to get that involved to know eve~· piece of this. mt her than knowing that you have an economic issue. a bus traffic issue . a parking stmcture issue. Mayor Burns commented that he didn "t think Council needs to be engineers on every aspect of ii. Mr. Miller said they can go through all that. if that is what they want , but that that is what they an: hiring Tim Leonard for. Mr. Miller said they are you . and tliey will understand and repon to Council whether ii is do;iblc or 1101 do;1ble . And Council wo11 ·1 have to sit down and lry 10 understand all the financial aspects of it. the methodologies of raising the money, the methodologies of constmction. Hire someone 10 do 1ha1. Council Member Clapp s.1id 1ha1 in the past she felt ii has been ve~· hard on our previous City Managers to have to manage the Cinderella Cit) developmc111 . along \\ilh their regular. c,·e~day duues. She noted that in the past she h.1s not supponed luring a n assis1an1 City Manager. because she really felt that what we really needed wa s a project mana ger 10 handle Cinderella Cit ) and hire a Cit) Manager to run the " - • . • • • 0 - Englewood City Council January 19, 1998 Page 43 • 0 I• • City. She said it is not that she docsn 't feel Gary Scars could do this. that she feels he could do a wonderful job with it. But. she opined. it is too much for one person and that is why she is really in suppon of having someone run this project and work with Skip Miller on the City 's behalf so that Council doesn't have to get in to micromanaging it . Several Council members agreed . Then. Council Member Bradshaw said. we would maintain Deepwater as a consultant . City Manager Sears said that is correct . Council Member Waggoner asked when they will get to go over the contract. Council Member Garrett stated that should juSI be on an hourly basis. that you wouldn ·1 sign a contract like this. Mr. Leonard noted he would not be taking lhal risk. that now it is over on the developer's side. Mayor Bums asked if they could have contracts by February 9"'. City Manager said Council would have a plan from them by February 911,, with some type of contract or proposal from you by February 9th witl1 a plan that can proceed. He asked if they can do that . Mr. Miller asked ifhe meant by a plan . a drawing ofa plan . City Manager Scars said with numbers to go behind that. But. Mr. Miller asked if it is a drawing . Mr. Scars said that is right . Mr . Miller advised that the problem they have with this project. 10 do a plan . you have 10 pul economics to it. He said 1hey have a plan and they are trying to put economics to that one and they will continue lo work lhat one and lell Council within that six day period if it works or 1101. If Council wants them 10 change it. at lhe opposite end of the spectrum. if they s.1id give us a plan that is all retail. lhen we can give you that plan and then tell you what the economics arc. But. Mr. Miller said. Council has given them a direction so he doesn 't have a plan or the magic wand that makes that thing affordable. He said they have to go figure out a way to do that. Mr. Miller said he thinks his assignment is to take that plan and 1cll Council whether it works or not and witl1in reason. if they can change some things around to s.1ve some money. but still retain Ilic guts of that. tlicy will come in and show you. Council Member Bradshaw said exactly . Mayor Bums asked if that is under his developer's risk . Mr. Miller said lhat is right . But. Mayor Bums noted . on Tim Leonard's side they have to have somclhing 1ha1 says we have so1ne agreement here or some contract for services. Mr . Miller s.1id Council could give him a contract for an hourly basis. Mr. Leonard said yes. that is no big deal. that it would be the contr.ic1 that they are here to work on the City's behalf to get lhe best to make sure tli.11 when he is Slanding up next to Skip Miller in 60. 90 days. six months. whatever the process is . Mayor Burns s.1id we arc not going to six months. Council Member Bradshaw no. no. no and asked iflhey saw how he extended lhat . City Manager Sears asked them what would be a rc.1so1~1blc time for them 10 come back with that plan. with a C05I and a process to come to an agreement 10 finalize this. Mr. Miller noted he keeps questiorung it and Mr. Leonard s.1ys they need more lime. He s.1id Council should be hearing that 1he) have gi\'en them a very difficult task to bring about 111.11 plan in an economic way . And. he pointed out . lie 1neans that plan or something similar to it . And that is why . he advised . 11~11 Tnn Lco1~1rd is saying he needs a bunch of time and we arc s.1ying we don 't understand how it is going 10 work . He pomted out 1ha1 Council is bearing lhc s.111ic nicss.1gc. lhcy have given lhcm collccli\'cly. whoc, er docs what . a very difficult. if nOI mission 1111possible to do and lhC) arc s.1ying can you do 1hm b) Fcbniary 9"'. Tim Leonard stated 11~,t there is no question tli.11 we arc pushing the envelope on a development plan in Englewood. in Cinderella City. in 1998 . He pointed ou111~111his is Ilic kind ofstulfyou bring the Peter Calthorpe's in to s.1y we want something 1ha1 Ii.isn't been done . Tlic hard pan is how do you get it done. He noced when we say we don't know what that plan looks like that he feels exactly the same way. he doesn't know wh.lt the plan looks like and how the numbers arc going 10 work for ii . But. he said. he and Skip Miller are confident 1ha1 it can gel done . 1ha1 a plan c;111 get done. that is fli~111cially feasible. that is the best TOD plan you can 111:6 for the 111011e~. 1ha1 docsn ·1 need a subsid~ for the 1:1.~p;1~crs. or a vocc 1ha1 is going to delay 11. " - •. I • • 0 ... ~ . ln, f I ] • Englewood City Council January 19, 1998 Page44 • • - Mayor Bums opined that this Council would say yes. that is what we want and now , he asked. how long before they have that answer. Mr. Leonard stated that the work he has done in it is 6 months and in the middle being able to say ... we arc on the right track. we are there. And. he noted. they would both be standing up, the consultants would be standing up and saying we think this is doable we have gotten 28 to 6. or to 2. or whatever the number that there is that there is a spread and say there it is and we think we are getting there. But. he noted. they arc not going to have in 90 days that list of products that you have. letters of intent all around. a plan that is going lo be instantly implementable in 90 days. Council Member Habenicht said that she thought she would have to agree with Skip Miller. She said she is hearing the remarks about it not being financially feasible and the issues of time and the money. But. she said. she feels they are going to come together. And for the first lime in a long time she feels a lot of excitement and confidence. She said she feels confident that this Council is really going to move forward. she feels confident in our staff and she feels such a strong sense of confidence in what Marilee Utter and Tim Leonard have brought lo this concept. And. she noted . that she has had a lot of confidence in Skip Miller for a long time. Ms. Habenicht staled that she really wants to sec Skip Miller develop this into such an exciting thing that it will just do wonders for all of us. She said she really thinks that we are there and she is sensing that we arc all really pulling together and she wants 10 move ahead \\ilh the contract with Deepwater. She stated she thinks that we need 10 move ahead with Skip Miller and she wanted 10 express her confidence there. personally . But . she said. she thinks they all need to pull together and just lets go on with it. Mr. Miller stated that they have some big hurdles and. as Mayor Bums addressed. he felt they should know in the 60 to 90 day period what the situation with the garage is. He stated that he and Mr. Leonard totally agree. and he wanted to make sure everyone understands. that to gel the density. which is mixed use. in the project. you need additional parking. And if they come back and find out that none of that garage is savable financially. we have got an enormous problem and we c::1111101 do that plan. That is why it has become such a struggle. Mayor Bums stated that he remembered Marilee Utter telling Council early on. whate\'er you build on this thing is going to depend on your parking. And how many component pans you have in this thing and how complex it is. is going to depend on how much parking you ha\'e. Mr. Miller advised that when you get down to it it costs about $8 .500 a space that you build . If you are three. four or five hundred spaces shon it is real easy 10 get to the kind of numbers that you arc shon . Mayor Bums said he understands that and so the ball is in thei r coon . Mr. Miller said they need 10 figure out a way. wluch he didn '1 think was going to be difficult . to decide how to dctcnninc whether that garage is doable or not . Because. he pointed out. once they do tha t then their pla nning would ta ke one direction or another direction . Ma)or Bums asked if they thoug ht they could gl\e Counc 1l 1h.11 a nswer in 'JO da~s Mr Miller said absolutely. He asked Mr. Leona rd 1f he thought tha t was a problem Mr Leona rd stated that he did not tlunk that would be a problem at a ll Mr Mille r ach 1scd tha t they wi ll be s pending most of their preliminary studies on getting tha t g.1 ragc issue done City Manager Sears noted it is lat e for e ve rybody. tha t he thou gh, 1l11 s has been good dialogue. but he thought they might work better if they got somcthmg III wriung. perha ps. from both of them and maybe look a& the date of February 2' .. 10 define what the ir relationship. roles and rcsponsib1li1ics are and whal is going to be coming back in 90 days . He opined that if they can come to that and Council will give the go ahead to do that th.1t we will 11K>\'C this to the point 10 get the project 1noving. Mr Miller said he feels wi th tins d i rcc uon. unl ess Tuu Leonard disagrees . that they can get together a,recmcnts and get them e xact l~ "hat tl !C) "~1111 \ • • • 0 , ·- Englewood City Council January 19, 1998 Page 45 • • I • • Council Member Waggoner said he would go one step further. that they have a concept that they know has to be tweaked or changed a linle bit . like Sony theaters or whoever it is. that theater group. and Wal- Man with the lane going between. He asked them iflhey couldn't gel Council something by the 9,. that shows them another linle plan that will work or is prclly close 10 it or a concept . But. Council Member Bradshaw noted. it is costing it out. Mr. Miller staled ii is both and he told Council Member Waggoner that, in fairness. that the local architect they haven ·1 me1 wi1h yet. has been brought on with Tim Leonard and Marilee Uner and he had a fairly significant departure from Peter Calthorpc 's idea of the way tlus thing was going to look . He asked Tim Leonard if that was wrong . Mr. Leonard said yes. that was five ideas in four minutes so you can 't pick one out . Mr. Miller said they wa1111he local architect and he was just going to say that he thinks if they hired another guy , they would get another plan. Council Member Waggoner said you arc going to get another plan, he could almost guarantee it . Mr. Leonard noted that the course they arc on is that they are not thinking anymore. wc are doing. wc arc implementing what wc have. We are not saying lets iake this plan and have another idea . Council Member Waggoner stated that is 1101 what he is saying. He said there is a theater on that plan ... now does it fit here or do you flop ii over and Iii ii over here . Thal. he noted. is what Skip Miller was talking about. Mr. Miller noted that one of his concerns was just simply turning that 90 degrees because they liked i1 for their front door. Thal was one issue and a real simple one lo deal with . Council Member Waggoner stated that in his opinion he needed to talk 10 Sony or show them this and say all right. does this work. And if it is not working. then he thought they need as a Council. another little concept plan that says here is where it can go and now you can start costing it out. Mr. Miller staled. independent of which way you 1urn 1ha11hea1cr . Ihm lhe 1rn1i11 elcme111 of1ha1 plan is that center street. He asked Mr. Waggoner. hypothetically. that if Sony came in and said we don ·1 want 10 front on that kind of street. we don't want that traffic between us .... then what do they do. Council Member Waggoner stated that they start thinking a linle more and move it down here and say will that wort . Mayor Bums stated that he doesn 'l want them 10 slap a plan together by the I " of February that doesn ·1 mean anything . He thought Gary Sean· reqUCSI was reasonable . If they could have a eoncept of roles and whatever they arc going to do . and bring it back lo Council . Mr . Miller noted they did a plan some time ago. as they may recall . that was what they called their TOO plan. He said they looked al it and he thought they liked this one better. But. he commented. 11 had some of those elements in it . It was probably ~l"I. between. or maybe 70% towards TOD from all retail He pointed out that those arc the kinds of things they l~1ve done and they 1~1vc shown Council so1nc of those. But. Council Member Waggoner said. II had lhe dense rcsulcntial up on the nonh li,e ac re s. Ma)Or Bums suggested 11~,1 clements of these two things. somewhere in between what you had and "11:11 tlus 1s. He said lhc:y reali ze that but he thought they were say111g 10 put 1hc ball in their court and the~ can come back to Council with these answers. Mr. Miller Slated that in fairness to Council and in fairness to them. this is a very. very difficult task and there is not a real easy answer for it . They cannot just take a piece of paper and change it and give us all lhcsc things and make it work . He reiterated that that is difficult . it is very difficult . He said they can forget him ... that they h,1ve some very competent people that arc struggling with this Council Member Habenicht asked if they \\Crc up to ii. . ' • • • , I - - Englewood City Council January 19, 1998 Page 46 ' • 0 t• • Mayor Bums noted they had a housing representative here one night that said we arc very interested in whal you are doing, can we gel answers from people like thal. whether you have to phase it or nol ... and Ibey were ready 10 go if they can do this . Mr. Miller advised that that is not the rc.1son you phase it. He said that is a dilfercnt issue . Mayor Bums asked if they c.111 come back with what Gary Sears has asked for by the 2'"'. Mr . Miller and Mr. Leonard said yes . City Attorney Brotzman said he hated 10 be the spoil spon. but they have a letter of warning from Mr. Goldberg and he is present . He asked Mr. Goldberg if this time frame works for him al all . Mr. Goldberg staled lhal he is concerned. Mr. Brotzman asked if it was that the 60 or 90 days was taking too long . Mr. Goldberg staled he was not concerned about the 60 or 90 days. that doesn't make or break the deal here . He said ii is the propensity of going from 60 to 90 days to do something that none of vou have talked about tonight. except Mayor Bums. and that is that it is one thing to stan with the pl;111. prove it up with cost . Bui, he said . ii is in his experience qnite another thing to prol'e it up with market. He said he is concerned lhal lhe project won 'I move forward until the market tells you that it will and that is going to take quite some lime. Mayor Bums asked Mr . Leonard if pan of that isn 't the letters of intent and the other ll1ings they were talking about here . Mr Leonard said that technically in their six month issue you do this stuff in the 90 days with some input from the market . but yon linish the iterations with the market in that time frame . Mayor Burns said he thought the development plan they were talking about was exactly that. that you know your market . because these people are l'inually signed up or have leners of intent and you know who is going to come in there . Mr. Leonard said in six months. yes . City Allomcy Brotzman asked. as they have heard his concern and they have a lcncr of warning and. Skip Miller is doing this and Tim Leonard is checking on him. ir they arc addressing this time frame now in where we arc going. Mr. Miller said 11~11 is why he said it is difficult. H~ noted they have suggested the plan really needs the following clements they have all agreed upon ... lhc Wal-Man . TOD and rapid transit and City Hall . He stated they arc trying to 11~1kc all of those work . He commented that . as he said earlier. one of his concerns is if it turns out tl~,t City Hall costs you twice what you thought. that )OU will come back and tell me we c.111 ·1 do it. now get another plan . That . he stated. \\Ould bust the tune frame So. he said. they are going to put ti~,, on Council. He asked \\hen Council \\OUld tell thcm 1ftl~ arc going to build a City Hall there . Council Member Waggoner said he thought the) l~l\c to go \\Uh Cu) Hall. period. Council Member Habenicht said )CS Council Member Bradsl~111 said tli:u 1s a given City Manager Sears advised that we are do" 11 to live intcrl'icws for an archucct and we should have that arcbitcct on board the first pan of February . He asked Director Esterly if that was correct . Mr. Esterly stated that they saw the propos.,ls from the arcl utccts this afiemoon. they will talk about them tornorro" morning at staff and set meetings for later tins week . He indicated they will probabl y 1nten 1ew early next week. Council Member Waggoner noted that most of the people he has talked to are agreeable and he thinks we have to go with it. Unless. City Marn1gcr Scars s;ud. for some reason the arclutcct would say that the space allocations just won 't work . Mr Miller asked if pncc. 111111111 reason . is not a sub,cct Mayor Bums commented that they c.111·1 be expected to s;1) price is no obJcct. Mr. Miller said he wouldn 't mention any names, but coincidentally. he talked with one of those live arclutccts and he thinks that thing is going 10 cost at lcasl double wli:11 they arc proposing. City Manager Se:ars staled that he felt that was the type of thing they need to have the architect tell them . Mr. Miller agreed 1ha1 was nghl. but that he was Just asking iflhal proves out . where arc we . Council Member Bradsh.111· s;1id they shouldn 't do hearsay Mr ,. - . ' ' ... • • • 0 , I - - Eaate,rood City Council January 19, 1998 Pace47 '· • • Miller commented that that was DOI hearsay, that he heard it . Mayor Bums noted that they can 't deal with that. City Manager Sears suggcsaed they sec if they can pull together this combined agreement. with specifics, to come back to Council on February 2nd, so they can give the authorization to proceed under those guidelines. Mr . Miller said they will do that, but he wanted to just throw out the one caveat, that in fairness to them, that if they make that big of a change they arc going to have to understand that everything they arc doing will go down the drain. Again , he noted. in fairness 10 Council they arc throwing out their cautions . Tiaat. he reiterated. will be a ve,y difficult thing to get done . • • • • • COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, FOR COUNCIL TO CO INTO EXECUTIVE SESSION TO DISCUSS ONE PERSONNEL MATTER. Ayes: Council Members Nabholz. Garrett . Bradshaw. Habenicht . Waggoner. Clapp. Bums Nays : None Motion carried. 14 . City At1oraey'1 Repon City Attorney Brotzman did not have any matters to bring before Council. Couacil receaed to Executive Session 11 11 :40 p.m. I' -• • I ... • • 0 • • ,. 0 - RESOLUTION NO. 4 SERIES OF I 998 A RESOLUTION SUPPORTING THE OMINATION OF TIFFANY BANNING FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS. the Metropolitan Mayors and Commissio ners Youth Awards are presented each y ear to youth rrom the ages or I 3 to I 9 who have risen above perso nal difficulties and created positive changes in their environments: the unsung heroes who have served their communities. their ramilies. other youth. or themselve s in a benefi cia l and ca ring way: and WHEREAS . the Ci~ or Englewood wishes to recognize and honor the young peopl e who make a difference in our co mmuni~: and WHERE.i \S . Tiffany Bann ing. a st udent in the Englewood Student Option Program . has been nomina ted as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHERE.AS . Tiffany has overcome difficulties she had in sc hool. and arter dropping ou t of two high schools. determined the impo rtance or her education : and WHERE.AS . T iffa ny ha sn 't Quit on herselr or her ed ucation . and recently earned her General EQuivalency Diploma (GED): and WHEREAS . Tiffany has sec ured rull-time employment. and maintains a nine~-eight percent attendance rate at sc hool and a one -hundred percent attendance and punctuali~ record at work : and WHERE.AS . T iffany ha exhibited the tenaci~y to succeed . and is taking the necessary steps to ensure her ruture success : NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO . THAT : The Englewood Ci~ Council wishes to recognize Tiffany Banning as a positive innuence in our communi~ and to support her nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND A PPROVED this 2r.J day or February . 1998 . • I () 0 ' • • • RESOLUTIO NO . 5 SERIES OF I 998 0 -.. A RESOLUTION SUPPORTING THE NOMINATION OF RONALD CHAVEZ FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS ,. . WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to I 9 who have risen above personal difficulties and crca:ated positive changes in their environments; the unsung heroes who have served their communities. their families . other youth . or themselves in a beneficial and caring way; and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community; and WHEREAS. Ronald Chavez . a student at Colorado's Finest Alternative High School. East Campus . has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards ; and WHEREAS. Ronald faces the daily challenges of parenthood. school. and work. and does so with a positive and responsible attitude ; and WHEREAS . Ronald has placed an emphasis on his education, staying in school and modeling positive student behavior for others; and WHEREAS. Ronald has earned a job training certificate from the Englewood Housing Authority and uses his expertise to help low-income residents in Arapahoe County with home weatherization projects; and WHEREAS. Ronald is an employee-in-training for A rapahoe County Housing and Community Development Services ; and WHEREAS. Ronald has overcome difficult odds. but continues to be supportive of his family . and serves as a role model for fellow students and co-workers while keeping a positive eye to the future ; NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT : The Englewood City Council wishes to recognize Ronald Chavez as a positive innuence in our community and to support his nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND APPROVED this 2',d da of February . 1998 . ' • I 0 ' - • • ,, . • 0 • RESOLUTION NO. 6 SERIES OF I 998 A RESOLUTION SUPPORTING THE NOMINATION OF CHRYSALIS M . DANIEL FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS. the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to I 9 who have risen above personal difficulties and created positive changes in their environments: the unsung heroes who have served their communities . their families , other youth . or themselves in a beneficial and caring way : and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS. Chrysalis M . Daniel. a student at Colorado ·s Finest Alternative High School. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS . Chrysalis has been dealt many heartbreaking blows in her young life and has managed to keep a positive eye to the future : and WHEREAS, Chrysalis has gained first-hand knowledge and experience about living with a family member with AIDS . and shares this knowledge by speaking regularly to middle and high school students about HIV and AIDS: and WHEREAS . Chrysali s has overcome learning difficulties. and has never lost her focus on her education -- she is scheduled to graduate on time and with honors: and WHEREAS. Chrysalis works hard at everything she does and makes a difference in her community : and WHEREAS. Chrysalis is praised by her teachers and peers because of the efforts she makes on behalf of those less fortunate . volunteering her time to homeless shelters . veterans groups . autistic adults . and at many school activities. such as food drives . clothing drives. and medical drives : and WHEREAS . throughout the many trials life has shown her. Chrysalis has ma intained her sense of commitment and dedication to her fami ly. her education. and her future: NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . TH A T: The Englewood City Coun cil wi she s to recogni ze Ch rysalis M . Daniel as a positi ve i nOuence in our communi ty and to support her nominat io n for the 1998 Metropo litan Mayors and Commi ssioners Youth Award s . A DOPTED AN D A PPROVED this 2nd day of Februa ry. 1998 . • I • ' • • RESOLUTION NO . 7 SERIES OF 1998 • 0 - A RESOLUTION SUPPORTING THE NOMINATION OF MATIHEW J. DOWER FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS ,. - WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to 19 who have risen above personal difficulUes and created positive changes in their environments : the unsung heroes who have served their communities. their families, other youth, or themselves in a beneficial and caring way : and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS. Matthew J. Dower. a student at Colorado 's Finest Alternative High School. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards : and WHEREAS . Matt has been faced with difficulties in his life. and has managed to remain positive!), focused on the future: and WHEREAS . Matt endeavors to succeed in all he does . and works hard to overcome the systematic and outright racism he sometimes encounters: and WHEREAS. in addition to his high school classes. Matt attends pilot training at the Area Vocational School and plans to enroll in post-secondary classes at Metro State College : and WHEREAS . Matt has benefltted others by volunteering his time for service projects on the Navajo Reservation in Arizona : and WHEREAS . Matt's health is important to him and he keeps in good physical condition by running track and cross-country : and WHEREAS . Matt maintains his high standards and tenacity and remains very goal-oriented in spite of the difficulties he has encountered -he keeps a positive eye toward the future and all it holds : NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . THAT : The Englewood Ci ty Council wishe s to recogn ize Matthew J. Dower as a positive inOuence in our community and to support his nomination for the 1998 Metropolitan May ors and Commissioners Youth Awards . ADOPTED AND A PPROVED th is 2nd day of Februa ry . 1998 . p, nte1.1 on Aec,c 1ed P • I 0 (t C f • ' - • • • " -• 0 - RESOLUTION NO. 8 SERIES OF 1998 A RESOLUTION SUPPORTING THE NOMINATION OF MICHAEL FULTON FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS. the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth From the ages or I 3 to I 9 who have risen above personal difficulties and cr~ated positive changes in their environments: the unsung heroes who have served their communities . their Families. other youth. or themselves in a beneficial and caring way: and WHEREAS. the City oF Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS. Michael Fulton . a student at Englewood High School. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards : and WHEREAS. Michael is an exceptional y oung man who suffered through a very traumatic period early in his life : and WHEREAS . Michael never places blames or complains about the difficult circumstances life has dealt him . but instead . he has used his experiences to become a stronger person and an inspiration to others: and WHEREAS. Michael has never lost track of the importance of his education. even in the midst of great personal striFe and uncertainty : he is a member of the Honor Roll Society and was selected to one of the few positions available in the University of Colorado 's Pre-Collegiate program : and WHEREAS. Michael is keenly aware or the importance oF helping others and has unconditionally shared his knowledge and experiences with those who were also suffering through difficult times: and WHEREAS . Michael is actively involved in many school organizations and as a volunteer at local shelters for victi ms of domestic violence : and WHEREAS . Michael is very resourceful, challenging himself to be the best that he can be. and is very positive about his life and what his future holds : OW . THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : The Englewood City Council wishes to recognize Michael Fulton as a positive innuence in our community and to support his nomination For the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED A D A PPROVED this 2nd day of February . 1998 . • I • C , • • • ,. . 0 - RESOLUTION NO. 9 SERIES OF 1998 A RESOLUTION SUPPORTING THE NOMINATION OF TONI GALLEGOS FOR TH E 1998 METROPOLITAN MAYORS AN D COM M ISSIONERS YOUTH AWARDS WHEREAS . the Metropolitan Mayors and Commissioners Youth Awa rds are presented each yea r to youth from the ages of I 3 to 19 who ha ve risen above personal difficulties and created positive changes in their environments: the unsung heroes w ho ha ve served the ir co mmunitie s. their families. other youth . or themselve s in a benefi cial and ca ring way: and WHEREAS. the City of Englewood wishes to recognize and honor the y oung people who make a difference in o ur community: and WHEREAS . Toni Gallegos. a student at Sheridan High School via the Student Options Program . has been nominated as a ca ndidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS . Toni has overcome sig nificant personal problem s. and has left behind truancy problems and other nega ti ve behavi ors . and now looks positively toward the future : and WHEREAS. Toni has worked to overcome the se barriers and past behaviors and is placing an emphasis on her education by enrolling in the Student Options program : and WHEREAS . Toni has successful ly co mpleted an ex ten sive life ski ll s class and has become a leader among her peers: and WHEREAS . Toni le ads by example and is a good role model for her peers. who look to her for advice and help: and WHEREAS . Toni has undergone a significant behavioral change that has helped her develop a positive self-concept and will ensure many future successes: NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT : The Englewood Ci ty Council wishes to recogni ze Toni Gallegos as a positive innuence in our community and to support her nomination for the 19 98 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND A PPROVED thi s 2nd day of February . 19 98 . • I 0 C ' - • • RESOLUTION NO . I 0 SERIES OF 1998 • 0 -.. A RESOLUTION SUPPORTING THE NOMINATION OF BENIAMIN GRIMSLEY FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS ,, . WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to y outh from the ages of I 3 to I 9 who have risen above personal difficulties and created positive changes in their environments : the unsung heroes who have served their communities . their families. other y outh. or themselves in a beneficial and caring way: and WHEREAS . the City of Englewood wishes to recognize and honor the young people who make a difference in our community: and WHEREAS. Benjamin Grimsley. a student at Englewood High School 's Student Options Program . has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS . Ben is a client at Community Care . a residential treatment facility . and has taken great steps to overcome his past and achieve a level of self-confidence and independence : and WHEREAS. Ben places great emphasis on his education . and has worked diligently towards getting his General EQuivalency Diploma : and WHEREAS . Ben has exhibited leadership Qualities at Community Care and was voted Employee of the Month during the summer of 1997: and WHEREAS . Ben has developed a positive. constructive relationship with two of Englewood 's police officers and has indicated a desire to be in a position to assist with public safety: and WHEREAS . Ben is described by one of his advocates as "a treasure of a person -intelligent, insightful. witty and compassionate :" and WHEREAS . Ben has taken steps to look and work positively towards the future. helping to ensure a successful one : NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . THAT : The Englewood Ci ty Coun cil wis he s to recognize Benjamin Grimsley as a positive innuence in our community and to support his nominati on fo r the 1998 Metropolitan Mayors and Commi ssi oners Youth Awards . ADOPTED AN D A PPROVED th is 2nd day of Februa ry. 1998 . • ... I • , • • RESOLUTION NO . I I SERIES OF 1998 • 0 - A RESOLUTION SUPPORTING THE NOMINATION OF !AMES HEATH FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS ,. . WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to I 9 who have risen above personal difficulties and created positive changes in their environments; the unsung heroes who have served their communities. their families . other youth. or themselves in a beneficial and caring way: and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS . lames Heath. a student at Colorado 's Finest Alternative High School. East Campus, has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS . lames has overcome many personal difficulties and much uncertainty in his life . attending ten different schools before enrolling at Colorado 's Finest; and WHEREAS, when lames was 16 . he left his home in Missouri and came to Englewood to live with his brother . determined to manifest a successful and secure future for himself: and WHEREAS. lames has been self-supporting for the past two years. working during the day and attending school at night : and WHEREAS. lames has an entrepreneurial spirit; in 1995 he and his older brother started their own business : "Heath Brothers Custom Hardwood Flooring :" and WHEREAS . lames has done an excellent job of balancing school. work . and his personal life over the past three years; and WHEREAS . lames began living in "the adult world" much earlier than most teenagers. and faced with less than ideal circumstances . he has made wise decisions that will ensure him a positive future: NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO . THAT : The Englewood City Counc il wishes to recognize lames Heath as a positive influence in our community and to support his nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND APPROVED thi s 2'.i day of Februa ry. I 998 . I 0 " ' • • -----~--------~;. RESOLUTION NO. 12 SERIES OF I 998 0 -.. A RESOLUTION SUPPORTING THE NOMINATION OF VERONICA LARA FOR THE 1998 METRO POLIT AN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to y outh from the age s of I 3 to 19 who have risen above personal difficulties and created positive changes in their environments; the unsung heroes who have served their communities. their families. other youth. or themselves in a beneficial and caring way ; and WHEREAS. the City of Englewood wishes to recognize and honor the y oung people who make a difference in our community; and WHEREAS. Veronica Lara. a student at Colorado ·s Fine st Alternative High School. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards ; and WHEREAS. Veronica has undergone great personal strife . los ing three family members in one y ear in two separate tragic accidents . one of which also seriously injured her brother ; and WHEREAS. Veronica has risen to the challenge of be ing thrust into a fa mi~v leadership position . providing strength and support to her mother and the rest of the fam i~v; and WHEREAS . Veronica al so provide s support to her fami ly b_v helpi ng to manage her family 's business since her father's death ; and WHEREAS. Veronica continues to demonstrate co mm itment and focu s towards her educational objectives ; she is concurrently enrolled in the AVS Co metology Program while attending classes at Colorado 's Finest Alternative High School ; and WHEREAS . Veronica manages her many responsibilities and remains committed to her family . her education. and her future ; NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . THAT: The Englewood Ci~y Co uncil wi she s to recogni ze Veron1C a Lara as a positive influence in our community and to support her nomination for the 1998 Metropolitan May ors and Commissioners Youth Awards . ADOPTED AND A PPROVED th is 2nd day of February . 1998 . i=rr:t iJ .. ,, • ,• .. ,CO'! :, :: ~ • I 0 ' • • • RESOLUTION NO. I 3 SERIES OF 1998 • 0 -,. A RESOLUTION SUPPORTING THE NOMINATION OF VERINA McNURLEN FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS. the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to 19 who have risen above personal difficulties and crtated positive changes in their environments: the unsung heroes who have served their communities, their families. other youth, or themselves in a beneficial and caring way: and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community: and WHEREAS. Verina McNurlen. a student at Colorado's Finest Alternative High School. East Campus. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS. Verina has had difficulty learning in a traditional classroom setting. but has overcome these difficulties by finding many positive alternate ways to receive an education: she is now an exemplary student attending night classes so she can help her fami\y during the day : and WHEREAS . Verina is one of thirteen children in her fami\y. and is a great help to her mother by assisting with her siblings and the foster children in her fami\y : and WHEREAS . Verina will graduate from high school next year . and will be attending post-secondary option college classes in the spring : and WHEREAS. Verina cares about the people in her community -she spends time working with special needs children. volunteering at homeless shelters. and assisting the Englewood High School band director: and WHEREAS. Verina is described by her nominator as "a person with high moral values. a strong sense of fami\y. and an asset to her community and school;" and WHEREAS. Verina is very conscientious about her schoolwork and her attendance, and her work in the community. serving as an excellent role model for others and ensuring a positive future for herself: NOW . THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO. THAT : The Englewood City Council wishes to recognize Verina McNurlen as a positive inOuence in our community and to support her nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND APPROVED this 200 day of February. 1998 . ,, Or .r:eJ ~n c:;~,:·1clc d Pacer I· • C ' ,, - • • 0 - RESOLUTION NO . 14 SERIES OF I 998 A RESOLUTION SUPPORTING THE NOMINATION OF WESLEY MOORE FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to y outh from the ages of I 3 lo I 9 who have risen above personal difficulties and created positive changes in their environments : the unsung heroes who have served their communities. their families. other youth. or themselves in a beneficial and caring way : and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS. Wesley Moore. a participant in the Englewood Student Options Program. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards: and WHEREAS . Wesley has overcome difficulties in school. where he had. in the past. exhibited behavioral and attendance problems : and WHEREAS. Wesley has made a positive change by placing an emphasis on school during the past two years. holding a ninety-eight percent attendance rate: and WHEREAS . Wesley is developing a positive work ethic and has benefitted the elderly in the community by completing a job training experience at a local nursing home : and WHEREAS. Wesley is viewed as a positive. caring person by nursing home staff and residents. where he still visits on a regular basis even though his job training is complete : and WHEREAS. Wesley stays focused on his future by simultaneously attending GED preparation classes. weekly employment and life skill classes. and job training : and WHEREAS . Wesley is ensuring a positive future by remaining in school and by manifesting positive changes in his life : NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : The Englewood City Counc il wishes lo recognize Wesley Moore as a positive innuence in our community and to support his nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND APPROVED thi s 2nd day of February . 1998 . " I • , • • • ,.----------------~ 0 - RESOLUTION NO. I 5 SERIES OF 19 98 A RESOLUTIO N SUPPORTING THE NOM IN ATION OF CRYSTALS . THORSON FOR THE 19 98 METROPOLITAN MAY ORS AN D COMMISSIONERS YOUTH AWARDS WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to y outh from the ages of I 3 to I 9 who have risen above personal difficulties and created positive changes in their environments : the unsung heroe s who have se rved their communities. their families . other y outh. or themselves in a beneficial and caring way: and WHEREAS. the Ci~y of Englewood wishes to re cog ni ze and honor the y oung people who make a difference in our co mmunity: and WHEREAS . Crystal S. Thor so n. a student at Colorado 's Finest Alternative High School . has been nominated as a can didate fo r the Metropolitan Mayors and Commissioners Youth Awards : and WHEREAS . Crystal has overco me much personal adversity in her life and has remained positive ly focused on the future : and WHEREAS . Crystal remains constant in her educational plans and goals . attending college classes and high school classes si multaneous ly : and WHEREAS . Crystal is we ll respected by both faculty and students at Colorado 's Finest and has plans to attend Cambridge College upon graduation to pur sue a career in medicine : and WHEREAS. Crystal has helped the community by vol unteering at a local retirement home : and WHEREAS . Crystal 's personal tragedies have not discouraged or impeded her progress -she has overcome significant obstacles to reach her potential : NOW. THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . THAT : The Englewood City Coun cil wis hes to recognize Crys tal S. Thor so n as a positive inOuence in our community and to supp ort her nominat io n for the 1998 Metropolitan May ors and Commissioners Youth Awards . ADOPTED A D A PPROVED thi s 2nd day of Februa ry. 1998 . vc J p ;;;, • I 0 ·, , • • • RESOLUTION NO . 16 SERIES OF 1998 • 0 - A RESOLUTION SUPPORTING THE NOMINATION OF NICOLE M. TRUIILLO FOR THE 1998 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS " . WHEREAS . the Metropolitan Mayors and Commissioners Youth Awards are presented each year to youth from the ages of I 3 to I 9 who have risen above personal difficulties and created positive changes in their environments : the unsung heroes who have served their communities. their families . other y outh . or themselves in a beneficial and caring way : and WHEREAS. the City of Englewood wishes to recognize and honor the young people who make a difference in our community : and WHEREAS . Nicole M . Trujillo. a student at Colorado 's Finest Alternative High School. has been nominated as a candidate for the Metropolitan Mayors and Commissioners Youth Awards : and WHEREAS. Nicole has overcome personal difficulties. and has lived on her own since she was fifteen : and WHEREAS . Nicole has taken on the challenge s of parenthood at an ear!Y age. and is committed to making a good life for herself and her daughter: and WHEREAS . Nicole remains committed to and supportive of her fami!Y . and has often been the virtual "glue " that ha s held them together : and WHEREAS . Nicole places an emphasis on her education . and has put herself in a position to graduate from high school with honors while concurrent!Y taking college classes: and WHEREAS . Nicole volunteers her lime in many community projects . and spends lime as a volunteer at El Centro Su Teatro : and WHEREAS . Nicole has worked hard to overcome the many obstacles life has presented her and looks with determination towards a positive future for herself and her fami!Y : NOW . THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO . THAT : The Englewood City Council wishes to recognize Nicole M . Trujillo as a positive influence in our community and to support her nomination for the 1998 Metropolitan Mayors and Commissioners Youth Awards . ADOPTED AND PPROVED thi s 2nd day of February . 1998 . • I 0 0 ' • • 0 - February 2 , 1998 TO : The C ity Council C ity Of Englewood , Colorado From: Marvin E . Hall 2800 S. Elati St. Englewood, CO 80110 Subject: Ordinance No . 33. Series of 1997 AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OR PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH. DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH, FOR A PERIOD OF EIGHT MONTHS . (TERMINATION DATE, FEBRUARY 5, 1998) and Ordinance No . 3, Series 1997/1998 AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST . SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH . (TERMINATION DATE , JULY 13 , 1998) Immediate Action Demanded: It is my considered opinion that the enactment of the above Ordinance No . 33 on May 22 , 1997, by the Englewood City Council and its extension . Ordinance No . 3, on January 9 , 1998, was done in a surreptitious, underhanded, covert effort to attempt to force upon unsuspecting Englewood residents and business owners , an unwanted , unnecessary, ill- conceived plan concocted secretly between the City's Office of Ne ighborhood and Bus in ess Development and a favored , real estate developer, David Cohen , Cohen Brothers Development , lnc./Cohen Brothers Homes, LLC . And , in so doing, the City has not only 1n1 ured ,ts own credibility , but also. it has violated the constitutional rights of the citizens and propert y owners in the area of the North Englewood Small Area Plan (NESAP) coincidentally covered by the above ordinances . I believe , by the enactment of the above Ordinances, you have , in fact , taken my const itutional right to the legal use and enjoyment of my property without due process . by the caprici ous seizure of a valuable component of property ownership and my right to equa l protec t io n of the laws . In addition, the acquisition of privately owned properties , via the condemnation process. to accomplish the NESAP goals is a violation of the 5th Amendmen t. Therefore , I am demanding from the City council , the immediate revocation of the above ordinances , the required notification to cancel the contract w ith Cohen Brothers Development and that no further money be wasted on the NESAP. It is , or should be . pa infully clear to the Council that the people are very much opposed to the plan and very upset with the method being used by the C it y . I recommend that you correct the problem tonight. ' - ... • • }- • • • 0 • February 2 , 1998 TO : The City Council City Of Englewood , Colorado From : Marvin E. Hall 2800 S. Elati St. Englewood, CO 80110 Subject: Ordinance No. 33, Series of 1997 AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OR PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH, FOR A PERIOD OF EIGHT MONTHS . (TERMINATION DATE, FEBRUARY 5, 1998) and Ordinance No. 3 , Series 1997/1998 AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST , SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH . (TERMINATION DATE , JULY 13, 1998) Immediate Action Demanded : It is my considered opinion that the enactment of the above Ordinance No. 33 on May 22 , 1997 , by the Englewood City Council and its extension, Ordinance No . 3 , on January 9 , 1998, was done in a surreptitious, underhanded , covert effort to attempt to force upon unsuspecting Englewood residents and business owners , an unwanted, unnecessary , ill - conce ived plan concocted secretly between the City's Office of Ne ighborhood and Business Deve lopment and a favored , real estate developer, David Cohen , Cohen Brothers Development, lnc./Cohen Brothers Homes, LLC . And, in so doing, the City has not only 1n1u red its own credib ility, but also, it has violated the constitutional rights of the c itizens and property owners in the area of the North Englewood Small Area Plan (NESAP) coincidenta ll y covered by the above ordinances . I believe , by the enactment of the above Ordinances , you have, in fact, taken my con stituti onal right to the legal use and enjoyment of my property without due process , by the caprici ous seizure of a valuable component of property ownership and my right to equal protection of the laws . In addition, the acquisition of privately owned properties , via the con demnation process, to accomplish the NESAP goals is a violation of the 5th Amendmen t. Therefore , I am demanding from the City council , the immediate revocation of the above ordi nances, the required notification to cancel the contract with Cohen Brothers Development and that no further money be wasted on the NESAP . It is , or should be , painfully clear tc the Council that the people are very much opposed to the plan and very upset with the method being used by the City . I recommend that you correct the problem tonight . • I· • 0 - • • • t~ • EMINENT DOMAIN. FOR PUBLIC USE OR PRIVATE GAIN? "Nor shall private property be taken for public use without just compensation". Thus the 5th Amendment to the Constitution specifies the only purpose for which eminent domain can be employed: "public use~. Since then, all levels of government have used eminent domain to acquire land needed for legitimate public use. Roads, schools, parks, military bases, police stations and other publicly owned facilities were seen as essential public facilities that took priority over individual property rights . Private real estate transactions, on the other hand, were always voluntary agreements left to the free market. Redevelopment has changed all that . Under redevelopment , "public use· now includes shopping centers, auto malls, movie theaters, restaurants and any other use a favored developer chooses to make of another lndlvldual's private property. Eminent domain is used by redevelopment agencies, such as Englewood's Office of Neighborhood and Business Development, to affect what once were purely private transactions . . It is also used in a way that nearly always favors large developers, contractors and landowners at the expense of small property owners . In specific redevelopment projects, one developer is generally granted an "exclusive negotiating agreement•, meaning he has claim to own and develop all real estate within that designated area. This is not necessarily a selection process involving open competitive bidding which, it should be. Once such an agreement is made, the individual property owners are pressured to sell their property to the redevelopment agency, which then transfers it to the developer. If an owner refuses, the agency members hold a public hearing to determine "public need and necessity" to acquire the land by eminent domain . By law , this must be an impartial hearing . In reality, the agency has already committed itself to acquire the property by its previous agreement with the developer , so there is little doubt about the outcome. Whole areas of cities have been acquired, demolished and handed over to developers to recreate in their own image . Historical buildings , local businesses and unique neighborhoods are replaced by generic developments devoid of the special features that once gave the community its identity . It has happened in Englewood but, it doesn't have to continue unchecked . Small business owners are ·compensated" and relocated, but often in distant ' . ~ . tn, •· • 0 , • • I• • areas far from their traditional customer base. Suddenly cut off from the community and consumers who long nurtured them, they often cannot survive . Small property owners rarely have a chance to participate in redevelopment projects . Consultants and redevelopment planners prefer to work with one huge parcel under a single ownership . Small property owners and businessmen just get In the way. Indeed, one of the allowable definitions of blight is that of "irregularly shaped plots with multiple ownerships•, to be solved by ·consolidating parcels" for an outside developer to control. What should be seen as a strength--numerous small property owners with a stake in the community--becomes justification for expropriation. Eminent domain is defended as a tool of "last resort". Yet eminent domain , and often the mere threat of eminent domain , lie at the heart of the coercion that makes redevelopment possible--and so dangerous . The very existence of , and public knowledge of, Englewood's Small Area Plan for North Englewood and the passage of Ordinance No . 33 and No . 3 has created the threat of eminent domain condemnation. Under these Ordina nces, if no permits or business licenses can be obtained, then property rights have already been suspended! Constitutional rights have been violated! We have already been injured! In Englewood, Colorado, abuse of eminent domain and the City's power to attract investors by the sale of Urban Renewal Bonds to finance risky disruptive redevelopment projects like those on which the Authority has already defaulted , is a process being repeated because the citizens have offered no resistance . If you dislike this abuse of your 4th, 5th and 14th Amendment, Constitutional rights to own and enjoy the use of your property just like anyone else , then tell the public servants who swore to uphold your rights . They are your employees . You pay their generous salaries and benefits . Just because they got away with it in the past is no excuse to let them do it again . You can assert your rights or reli nqu ish them to people ready to quietly take them away from you . Your City Council is the group you elected and they should be held responsible fo r protecting your rights over and above the welfare of some favored developer . It has been said that we get the kind of government we deserve and we deserve th e kind of government we get. Marvin Hall ----~---' •· • 0 - • • • 0 • PROCLAMATION HONORING THE 65TH ANNIVERSARY OF VETERANS OF FOREIGN WARS -ENGLEWOOD POST 322 WHEREAS, the VFW Post 322 of Englewood was duly chartered and became a member of Veterans of Foreign Wars of the United States in 1933; and • WHEREAS, the Englewood VFW Poet 322 has, for 65 years, been dedicated to honoring the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens; and WHEREAS, the VFW Poat 322 members devote their time, talents and energies to helping the Englewood disabled and needy veterans and the widows and orphana of deceased veterans; and WHEREAS, the Englewood VFW Poat 322 annually contributes funds to health research projects such as Cancer, Muscular Dystrophy, Parkinson's Disease as wall as other health research projects; and WHEREAS , the Englewood VFW Poet 322 sponsors monthly Hunter Safety Courses for the Englewood Community in order to promote safety; and WHEREAS, the Englewood VFW Post 322 comiatently promotes patriotism by providing American Flags for all groups upon request as a part of carrying out their Flag Program for Englewood Boy Scout and Englewood Girl Scout Troops; and WHEREAS, the Englewood VFW Post 322 will celebrate their 65th anniversuy of service to the Enclewood community on February 1', 1998; NOW THEREFORE, I , Thomas J . Bums, Mayor of tbe City of Englewood , Colorado and Members of Englewood City Council, hereby proclaim tbe month of February, 1998 u : ENGLEWOOD VFW POST SIi ll'l'B ANNIVBBSAllY IION'DI in the City of Englewood, Colorado. I urp all of tbia community to l'9Clllpiae the merits of VFW Post 322 by showing their appreciatiOD m tbe ucri6cN m VFW Poat 322 members and joininc the Englewood City Council in this obaervance by snm, tbeir IUpport to VFW Englewood Poet 322 and it's fine memben who ue ~ their time, talents and --,iea to the Englewood community, not only durinr this week, but duoup all the ,-n. put and future . GIVEN under my hand and -1 this 2Dd day m February, 1998 . A1iiandraffabenicht, Mayor Pro Tem ·---· ---------- •. .. •· • 0 -• • I• . • . PROCLAMATION HONORING THE 65TH ANNIVERSARY OF VETERANS OF FOREIGN WARS -ENGLEWOOD POST 322 WHEREAS, the VFW Post 322 of Englewood was duly chartered and became a member of Veterans of Foreign Wars of the United States in 1933; and ,, - WHEREAS, the Englewood VFW Post 322 has, for 65 years, been dedicated to honoring the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens; and WHEREAS, the VFW Post 322 members devote their time, talents and energies to helping the Englewood disabled and needy veterans and the widows and orphans of deceased veterans; and WHEREAS, the Englewood VFW Post 322 annually contributes funds to health research projects such as Cancer, Muscular Dystrophy, Parkinson's Disease as wall as other health research projects; and WHEREAS, the Englewood VFW Post 322 spomors monthly Hunter Safety Courses for the Englewood Community in order to promote safety; and WHEREAS, the Englewood VFW Post 322 consiatently promotes patriotiam by providing American Flags for all groups upon request as a part of carrying out their Flag Program for Englewood Boy Scout and Englewood Girl Scout Troops; and WHEREAS, the Englewood VFW Post 322 will celebrate their 65th anniversary of service to the Englewood community on February 14, 1998; NOW THEREFORE, I, Thomas J . Bums, Mayor of the City of Englewood , Colorado and Members of Englewood City Council, hereby proclaim the month of February, 1998 as: ENGLEWOOD VFW POST 322 81TB ANNIVBRS,\BY MONTH in the City of Englewood, Colorado. I urge all of this community to recopize the merits of VFW Post 322 by showing their appreciation of the sacrifices of VFW Post 322 members and joining the Englewood City Council in this observance by giving their support to VFW Englewood Post 322 and it's fine members who are devoting their time, talenta and eneqies to the Englewood community, not only during this week, but through all the yean, put and future. GIVEN under my band and aeal this 2nd day of February, 1998. Thomas J . Burns, Mayor Beverly Bradshaw Ale:i:andra Habenicht, Mayor Pro Tem Lauri Clapp Dour Garrett Ann Nabholz Keila Wagoner ' 'I • . < •• • • • I - • RESOLUTION NO. In SERIES OF 1998 .L.f. (. • ,. . ,. • _,,, A RESOLUTION APPOINTING LAURETl' BARRENTINE TO THE LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there iB a vacancy in the Englewood Liquor Liceming Authority; and WHEREAS, Laurett Barrentine bu applied to aerve u a member of the Englewood Liquor Lic:enaing Authority; and WHEREAS, the Englewood City Council dmirN to appoint Laurett Barrmtine to the Engl-ood Liquor Lic:eming Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sesf:im 1. Laurett Barrentine iB hereby appointed to the En,lewood Liquor Licenaior Authority effective immediately with term upiriDr Au,uat 4, 2000. ADOPl'ED AND APPROVED this 2nd day of February, 1998. 'lbomu J. Bmoa, lla,ar ATTEST: Loucriabia A. EUia, City Clark I, Loucriabia A. EDia, City a.t far tbll City al Baplwood. Colando, _..,, CSW, die abcml iB a true copy al a..olutiaD No._. Smaa al 1998 . •. .. • • 0 - • RESOLUTION NO. /1 SERIES OF 1998 '· • • ff • A RESOLUTION APPOINTING BILL BELT TO THE RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Eoalewood Retirement Boud; and WHEREAS, Bill Belt baa applied to aerve u a member of the Englewood Retirement Board; and WHEREAS, the Enclewoocl City Council clema to appoint Bill Belt to the Enclewoocl Retirement Board; NOW, THBB.EFORB, BE rr RESOLVED BY 'nlB CITY COUNCIL OF 'nlB CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1 Bill Belt ia bseby appointed to the Eqlewoocl Betirement Board effective immediately with term apiriDc February 1, 2002. ADOPl'ED AND APPROVED tbill 2nd day of February, 1998. 'lbmDu J. Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk l, Loucriabia A. Bllia, City Ciak for tbe City al ........ Colando, _.., ClltifJ tbe above ia a true copy al 8Molutim No.__. S.-al 1998 . . . ' •. • • 0 - • • RESOLUTION NO. /4 SERIES OF 1998 I-+ ·, <. • • A RESOLUTION REAPPOINTING BILLY DOUGLAS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Billy Douglas ia a current member of the Englewood Planning and 1.oning Commill1ion; and WHEREAS, Billy Douglas' current term apired February 1, 1998; and WHEREAS, Billy Douglas bu applied for reappointment to the Englewood Planning and 7.oaiDc Commillaion; and WHEREAS, tbe Englewood City Council clema to reappoint Billy Doqlu to the Enpewood Planning and ZoniD( Commillaion far another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Srtim 1 Billy Douglas ia hereby reappointad to tbe Englewood Planninc and 7.oniDc Commiaaion. Billy Douglas' term will be eft'ectift immediately and will apire Febrwuy 1, 2002. ADOPl'ED AND APPROVED tbia 2nd day at February, 1998. 'lbomu J . Bums, lla:,or ATTEST : Louc:riahia A. Ellia, City Clerk I , Loucriabia A. Ellia, City Clerk for tbe City of Enpwood, Colorado, benby cstify tbe above ia a true copy of Resolution No._, Seriee of 1998. Loucriabia A. Ellia 'I. • . cl • .. • • 0 • • ]- - • RESOLUTION N02!)__ SERIES OF 1998 • . ~ • A RESOLUTION APPOINTING DON EDWARDS TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy iD the Eoslewood Clean, Green and Proud Commiuion; and WHEREAS, Don Edwarda bu applied to INll'VII u a member afthe Enpewoocl Clean, Green and Proud CommiNian; and WHEREAS, the Enalewood City Council dailw to appoint Dan Edwarda to the Eoslewood Clean, 0nm and Proud CommiNion; NOW, THEREFORE, BE IT BBSOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Semm 1. Dan Edwarda ia berebJ appaillt«l to the Baalewood Clean, Green and Proud Commiwicm . Dan Edwarda' tam will be dective immediately and will apire Decembw 10, 2000. ADOPTED AND APPROVED tbia 2nd day al February, 1998. Tbamaa J. Buma, Mayor ATTEST: Loucriabia A. Ellis, City Clerk I, Loac:riabia A. EDia, City a.It far the City alEapwood, Colando, bsab7 ca'tify the above ia a true copy al Beaoluticm No.__, Seriee al 1998 . •. .. • • 0 - RESOLUTION NOJ:/_ SERIES OF 1998 • . ~ • A RESOLUTION APPOINTING KATHERINE FISCHBACH TO THE CODE ENFORCEMENT ADVlSORY COMMl'l'TEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enfon:ement Adviaory Committee wu establiabecl by the Englewood City Council with the pauap of Ordinance No. 71, Series of 1997; and WHEREAS, Katherine Fiac:bbach bu applied to amve u a member of tbe Englewood Code Enforcement Advilory Committee; and WHEREAS, the En,lewood City Council deaira to appoint Katherine Fiacbbach to tbe Enclewood Code Enforcement Ad'riaory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedim 1. Katherine Filcbbach ia hereby appoint.eel to tbe En,lewood Code Enforcement Adviaory Committee. Katherine Fiac:bbach'1 term will be effective immediately and will apire October 1, 1998. ADOPTED AND APPROVED tbia 211d day of February, 1998. 'lbomu J. Banaa, Mayor ATTEST: Louc:riabia A. Ellia, City Clerk I, Loucrilbia A. Ellia, City Clerk for the City of IDclewood. Colando, --, c:stil:, tbe above ia a true copy of BNolutioo No._, Series of 1998. ;-. . , •. If .. • • 0 - • • RESOLUTION No.t9-'J-- SER1ES OF 1998 • • • A RESOt.UTION REAPPOINTING MARGARET GIFFIN TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Margaret Giffin ia a current member of the Englewood Public Library Board; and WHEREAS, Margaret Giffin'• current term upirN February 2, 1998; and WHEREAS, Margaret Giffin hu applied for reappointment t.o the Enclewoocl Public Library Board; uul WHEREAS, the Enpnroocl City Council deairN t.o reappoint llarpret Giffin t.o the Eqlewood Public Library Boud far another term; NOW, THEBBPOBE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1 llarpret Giffin ia hereby reappainted t.o Eapewood Public Ubrary Board. Marpret Giffin'• term will be eft'ective immediately and will apire February 1, 2002. ADOPTED AND APPROVED tbia 2nd day ofFebnlary, 1998. 'lbomM J . Buru, llayar ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk far the City of Bnp,wood. Colorado, banby catif:, the above ia a true copy of Beaolution No .~ Seriea of 1998 . . , • . •• .. • • 0 • • J - - • • RESOLUTION NO~ SERIES OF 1998 ·~ '· • . " • A RESOLUTION APPOINTING JILL GILBERT TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Englewood Clean, Orem and Prowl Commiaaicm; and WHEREAS, Jill Gilbert bu applied to aerve u a member of the Enpewood Clean, Orem and Proud Commiuicm; and WHEREAS, the Easlewood CitJ Council ..... to appoint .nu Gilbert to the Enclewood Clean, ~ and Proud CommiNion; NOW, THEREFORE, BE IT RESOLVED BY 'nlE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5of:tim 1. .r.u Gilbert ia hereby appointed to the Enclewood Clean, Orem and Prowl CommiNicm. Jill Gilbert'• term will be elrec:tift immediately and will apire December 10, 2000. ADOPTED AND APPROVED tbia 2nd day of February, 1998. Tbomu J . Buru, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellis, City Ciak tbr the City of....,._., Colando, banbJ cstif)' the above ia a true copy of a..oiutim No._. Seriea of 1998 . •. .. • • 0 - BESOL1n'10N NO. $ SEBIES OF 1998 · .. • . " • A RESOLUTION REAPPOINTING KRISTEN GILLMON TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Kriatm Gillman ia a current member of tbe Englewood Clean, Green and Proud Commiaaion; and WHEREAS, Kriatm Gillmon'• eurrent term apina on June 1, 1998; and WHEREAS, Kriat.m Gillman baa applied far rNppOintmmt to the Enpewood Clean, Green and Proud C-miuion far another term; NOW, THDBPOIB, BE ff BBSOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOllADO, THAT: SecSior l Kriatm Gillmm is.....,, rappaiDtal to ........... Clwl. Green and Proud CommiNrion. KriateD GillmaD'• term will be e&diw immediately and will aspire Decembar 10, 2000. ADOPTED AND APPROVED tlm 2nd day al Fellruary, 1998. Thomu J. Buma, Ma:,m ATTEST: Loucriabia A. £Ilia, City Clark I, Loucriabia A. Ellia, City Cln far the City alBapwood. Colando, ._.., car1ifJ tm above ia a true copy al 11.-alutiGD No._. S... al 1998. . ' •. .. • • 0 1- • ·. RESOLUTION NO. 6 SERIF.S OF 1998 '· • • • 0o -~ A RESOLUTION REAPPOINTING AUSTIN c'foMES TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Austin Gomes is a current member of the Enclewood Parka & Recreation Commiuion; and WHEREAS, Auston Gomes' current term upired February 1, 1998; and WHEREAS, Austin Gomes bu applied for reappointment to tbe Enclewood Parka and Recreation Commiuion for another term; and WHEREAS, the Englewood City Council deairel to reappoint Auatin 0.... to tbe Englewood Parka and Recreation CommiNion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedii111 1. Austin Gomea ia hereby reappoint.eel to tbe Pub and a.c:r.tian CommiNion for the City of Enpewood, Colando. Auatin Gomes' term will be 6c:ti,re immediately with term apiring February 1, 200'l. ADOPl'ED AND APPROVED this 2nd day al Febnary, 1998. Tbomu J. Burm, lla:,or ATTEST : Loucriahia A. Ellia, City Clerk I, Low:riabia A. Ellis, City Clerk for tbe City of Eqlewood, Colorado, hereby certify the above is a true copy of Reeolution No ._, Series of 1998. Louaubia A. EUia ... ' ' . , •. • • 0 • • J - - • RESOLUTION NO,~ SERIES OF 1998 <, • • • A RESOLUTION REAPPOINTING NATI' GUY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. ,. WHEREAS, Matt Guy ia a currait mmnber ofdle Eqlewood Water and Sewer Board; and WHEREAS, Matt Guy'1 c:m,-t term...-Fetinary 1, 1998; and WHEREAS, Matt Guy bu applied for reappointment t.o die Eqlewood Water and Sewer Board; and WHEREAS, the En,lewoocl City Council clelirN t.o reappoint Matt Guy to die En,lewoocl Water and Sewer Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Matt Guy ii hereby reappoiDted to Eqlewood Water and Sewer Board . Matt Guy', term will be efl'ective immediataly and will apin February 1, 20CM . ADOPl'ED AND APPROVED tbia 2nd day of February, 1998. ATTEST: Loucriabia A. Bllia, City Clerk I, Loucriahia A. Ellil, City Ciak lar the City of~ Cabado, banby catify die above ii a true copy or 8-oluticlD No.__. SeriN of 1111 . ' . • . • • 0 - - • RESOLUTION NO. a SERIES OF 1998 • • • A RESOLUTION APPOINTING DEBORAH LATHRAM TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy on the En,1-ood Planning and 7.oning Commiuion; and WHEREAS, Deborah Latbram ha applied to ..-ve u a member of the Entl-ood Planning and 7.oning Commisaicm; and WHEREAS, the En,lewood City Council deairN to appoint Deborah Lathnm to the Entt-oocl Plannin, and Zaniq Commiaaion; NOW, THEREFORE, BE IT RBSOLVBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Debarah Latbnm is benby appointed to the Eaalnood Plarminc and 1.oaing Commi..;cm. Deborah Latbram'• tarm will be 6c:tne immectiatwy and abal1 apire February 1, 2001. ADOPTED AND APPROVED tbia 2nd clay of February, 1998. ATTEST: Louc:riabia A. Bllia, City Clerk I, Loucriabia A. Ellia, City Clen far the City of Bapewoocl. Coknido, a-.by certify the above ia a true c:opy of Reaoludan No._ S... of 1998 . ,,, - • I II .. • • 0 - • • RESOLUTION NO.~ SERIES OF 1998 • • • A RESOLUTION REAPPOINTING JO LAY TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Jo Lay ia a current member of tbe Eqlewood ElectiCJD Commiwion; and WHEREAS, Jo Lay'a term upind February 1, 1998; and WHEREAS , Jo Lay bu applied tbr reappomtmmt to the Eqlewoocl ElectiCJD Commiaaicm tbr another tsm; aacl WHDBAS. the......-City Council deairN to reappoint Jo Lay to tbe Eapwood ElectiaD Ccmmiaeicm tbr anatber ~ NOW, TBEREPOU, BE ff BBSOLVBD BY THE CITY COUNCU.. OF THE CITY OF ENOLEWOOD,COLOBADO,TBAT: Sedim 1 .Jo Lay ia baebJ reappainwd to the E1ec1:iGD CGmmiaaicm tbr the City at Bnpwood. Colondo. .Jo Lay'a 1lara will be .s.cme immediately aacl will apire Fellruar7 1, 2:0Cm. ADOPl'BD AND APPROVED tbia 2nd day at PellnarJ, 1998. ATTBST: Loucriabia A. Bllia, City Clerk I, Loucriabia A. Bllia, City a.t tbr the City at~ Colando, _.., canifJ the above ia a true CDPJ at Raaalldian No .__. S... at 1118 . ' .. .. • • 0 - - • • RESOLUTION No.c:21 SERIES OF 1998 · .... <. • • • ... A RESOLUTION APPOINTING SANDY MARVIN TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, dme ia a YacaDCJ in tbe Enclewood Clean, Orem and Proud Coromieeian; and WHEREAS, SudJ llamD baa applied to Nrft u a ..-her of tbe Eqlewood Clean, Green and Proud ('.ommieeion; and WHEREAS, tbe &.pewoad CitJ CaaDcil clllil9 to appoint Sandy llaniD to tbe Enclewood Clean, 0-and Proud Coromieeian; NOW, THEREFORE, BE IT DSOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ADOPl'ED AND APPROVED tbia 2nd day of February, 1918. ATTEST : Loucriabia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk far tbe City of~ Colorado, .....,, cartifJ tbe above ia a true copy of R.-olutioD No._. SeriN of 1998 . "' -. · .. • I •, • • • 0 - - • RESOLUTION N0.1f/) SERIES OF 1998 • • • i ,. A RESOLUTION APPOINTING VIRGINIA McINTOSH TO THE BOARD OF ADJUSTIIBNT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Enpewood Board of Ad,jutment and Appea)a; and WHEREAS, Vqinia Mclnt.oab bu applied to ..-.e u a -ber of the Enpewood Board of ~t and Appeala; and WHEREAS, the.,.__ City Couacil clem9 to appoint Vqinia Mdllt.oab to the Ea,lewood Board of Ad,jaatmet and Appea)a; NOW, 'fflEllEPORB, BE ff RESOLVED BY 1111: CITY COUNCD.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Vqinia lldDtolb ia benby appointed to the Enctewood Board of Ad,jmtmmt and Appea)a. Vqinia Mdlltolb'a term will be etrec:tive immediately and will apire February 1, 2002. ADOPTED AND APPROVED this 2nd day of February, 1998. 'lbamu J. Burm, Mayor ATTEST : Loucrilbia A. Bllia, City Clerk I, Loucriabia A. Bllia, Cit, Clerk tilr tbe City of Bllpwaod. Colando, ..._, oartif:, the above ia a true copy of Raaolutiao No._, Seriaa of 1988 . 11- • I • . " ' .. • • 0 ]- - • • RESOLUTION NO . 31. ~OF1998 ·, • • • A RESOLUTION REAPPOINTING STEVE NEYER TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, St.eve Neyer ia a c:ummt member of the Eqlewood Parka &: Recreation CommiPion; and WHEREAS, St.eve Neyer'• curnnt t.enn expired February 1, 1998; and WHEREAS, St.eve N.,.-baa applied for reappointment to the Enpewood Parka and Recreation CommiNiOD for another t.enn; and WHEREAS, the.....,_. CitJ Council clemN to reappoint Steve Neyer to the Englewood Pub and RecrNtiOD ('.ommiMiOD for another term; NOW, THEREFORE, BB IT BBSOLVBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. St.eve N.,.. ia bsebJ reappointed to the Pub and Recreatiao Commiaaicm for the City of Bqlewood, Colorado. St.eve Neyer'• term will be eft'ec:tm immediately with term u:pirin, February 1, 2002. ADOPl'ED AND APPROVED thia 2nd day of February, 1998. ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City of Bnpwood. Colando, benby c:ertily the above ia a true copy or Resolution No._, Series of 1998 . ,,,_ • I • . .. • • 0 -. - - • RESOLUTION NO. -3?-- SERIES OF 1998 <l . • • • A RESOLUTION APPOINTING JOHN LOUIS PARKINSON TO THE PUBUC LIBRARY BOARD FOR THE C1ff or ENGLEWOOD, COLORADO. WHEREAS, there ia a fflCUICJ ill tbe Bnpwood Public Library Board; and WHEREAS. Jolm Louia ParkimaD bu applied to..-u a member altbe £nclewoocl Public Library Board; uul WHEREAS. tbe Eqlewood CitJ Comlcil cleaira to appaiDt .Jabil Lowa~ to tbe Eqlewoocl Public Library Board; NOW, THBBEFORB, BE IT RESOLVED BY TBB C1ff COUNCU. OF THE C1ff OF ENGLEWOOD, COLORADO, THAT: SectioP 1. Jolm Louia ParkimaD ia benbJ appointiad to tbe EDpewoocl Public LibnrJ Board 6ctm immediatelJ with term apirin, February 1, 200'l. ADOPTED AND APPROVED tma 2nd day al February, 1998. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Ciak Car the City al ......... Colando, banb:, canify the above ia a true copy al lleeolutiaD No._ Seriaa al 1918. ' . • . ... • l . . .. • • ' 0 - RESOLUTION NO. 3?-- SERIFS OF 1998 •, .. • • • A RESOLUTION APPOINTING JORN !DUIS PARKINSON TO THE PUBUC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there ia a ftCaDCy ill tbe Bnclewood Public Library Boud; and WHEREAS, Jahn 1-ia Putma.m bu applied to ..wi u a -. altbe l!:apwood Public Library Boucl; and WHDBAS, tbe Ba,lewood City Council_._ to appaiDt .Jobn Lauia ~ to tbe En,lewuod Pllblic Library Boud; NOW, TIIDBFORE, BE IT RESOLVED BY TRB CITY COUNCU. OF TRB CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1 Jahn Louia Parkinaon ia benby appaintlld to tbe .....,._ Plllllic Lillnry Board e&ctne immediately with term apirias Fe1iraar7 1, 2002. ADOPTED AND APPROVED thia 2ad clay al F..,_.,, 1188. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk far tbe City al Baalnoad, Calondo, benby Clrtify tbe above ia a true copy al B..olution No._ Seriea al 1998. . ' •. .. • • 0 )- - RESOLUTION NO.~ SERIES OF 1998 • • • ... A RESOLUTION APPOINTING DOUGLAS RININGER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ill a YKaDCy OD the Englewood Planning and Zoning CommiMiOD; and WHEREAS, Dou,tu Bininaw baa applied to eerve u a member of tbe Englewoocl Plannin, and Zonin, CommiMion; and WHEREAS, tbe Enpwood City Council dean... to appoint Dou,tu lliniapr to tbe Ensl-ood Pluming and Zoaiq CommiNion; NOW, THBBBFORE, BE 1T RBSOLVBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Secticn 1 Dou,-Biniapr ill benbJ appointed to tbe ........ P1anniac and Zoaiq CommilRDIL Dou,-Rillinpr'a tam will be 6dift iwmedieWy and aball npire February 1, 2000. ADOPTBD AND APPltOVBD tllia ~ daJ ol Fellnaar7, 1118. ,,.__, ...... ...,.. ATTEST: Loucriabia A. Ellill, City Clerk I, Laacriabia A. Ellill, City a.It 6r tbe City ol ......... Calando,......, wtily tbe above ill a true capJ ol 8-olutim No._. S... ot 1•. . , .. • • 0 RESOLUTION NO. nrf SERIF.s OF 1998 ~ <. • • • ,. .. A RESOLUTION APPOINTING TIM TUCKER TO THE CODE ENFORCEMENT ADVISORY COMMITI'EE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Code Enforcemmt AdYiaory Committee WU enabJiebed by the Englewood City Council with the pauap of Ontinance No. 71, Seriee of 1997; and WHEREAS, Tim Tucker bu applied to 1mVe u a member of the Englewood Code Enforcement Adviaory Committee; and WHEREAS, the Enalewood City Coancil deairN to appoint Tim Tw:br to the En,lewood Code Enforcement AdYiaory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Bectim 1. Tim Tucker is hereby appointed to the Enpwood Code Entbn:ement AdYiwy Committ.ee . Tim Tucker's t.erm will be effective immediately and will apire October 1, 1998. ADOPTED AND APPROVED dm 2111d day ~Pllllnuiry. 1998. ATTEST: Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clalt ilr the City~~ Colorado, banby cartify the above is a true copy~ laolutian No ._, Sarill ~ 1•. ·. . , .. • • 0 ]- - RESOLUTION NO . ~ SERIES OF 1998 • • • A RESOLUTION APPOINTING MITCH WALDMAN TO PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WIIEREAS, there is a vacancy in the Enclewood Pub and Rec:reation CmimiMion; and WIIEREAS, Mitch Waldman bu applied to ..-ve u a member oft.be Bn,1ewooc1 Pub and Recreation Commiuion; and WIIEREAS, t.be En,lewood City Council delira to appoint llitcb Waldman to the En,lewood Pub and Recreation CommiMiOD; NOW, THEllBPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1 IL.itch Waldman is hereby appointed tu tbe £nalewoocl Pub and Rec:reatiao C-ommiNian dec:tive immediately with tam apirinc Februay l, 2002. ADOPTED AND APPROVED tbia 2Dd day al February, 1918. ATTEST: Loucriabia A. Bllia, City Clerk I, Loucriabia A. EUia, City Clark far the City al J:aclewood. Colando, ...._, C1rWy tbe above is a 1nle copy al 8-olution No.__. S... al 1998. Ill--• . ' • .. • • 0 ]- RESOLUTION NO. ?:it SERIES OF 1998 ,, • • • A RESOLUTION APPOINTING CLIFF WEINBERGER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAs, there ia • vacancy in the Englewood Downtown Dwelopment Authority; and \VHEREAS, Cliff'Weinberpr bu applied to Nn11 • a lDIIIDbw oftbe Eagiewood Downtown l>ffelopment Authority; and WIIDEAS, tbe Enclewood City Couacil dam. to appaint CliffWeinberpr to tbe Encl-ood Dowutuwn Development Authority; NOW, 'l'HEBEPORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Srticn I Cliff'Weinberpr ia hereby appaintal to tile .......... Downtown De.elopment Authority. Cliff' Weinberpr'a tam will be 6ctiYe immediately and will apire .June 30, 1999. ADOPTED AND APPROVED tbia 2nd day of February, 1998. ATTEST: Louc:riabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk for tbe City or Enclewood. Colorado, hereby certify tbe above ia a true copy of Reaolation No._, Seri8I ot 1998. ' . .. ' ' • • 0 • • RESOLUTION NO. 2D SERIES OF 1998 .. • • • A RESOLUTION REAPPOINTING CARL WELKER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Carl Welker ia a c:urrmt.-ber of the Enclewoocl Plamlinc and 1.oaing Commiuion; and WHEREAS, Carl Welbr'1 c:urrait term apired Febnaary l, 1998; and WHEREAS, Carl Welker bu applied ilr reappointmmt to the Enclewoocl Plamlinc and Zoniq Commiuion; and WHEREAS, the Eapewood City Coaaci1 .._ to reappaiat Carl Welbr to the En,lewood Planninc and 1.oain, CommiHian rar IIDOlb.. term; NOW, THEREFORE, BE IT BBSOLVED BY TBB CITY COUNcn. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ecfjqp 1. Carl Welker ia mnby reappointed to the Enclewoocl Planninc and 1.oaing Commiuion. Carl Welker', term will be effective immediately and will expire February l, 2002. ADOPl'ED AND APPROVED tbia 2nd day of February, 1998. Tbomu J. Burna, Mayor ATTEST : Louc:riahia A Ellia, City Clerk I, Louc:riabia A Ellia, City Clerk a the City oC Enclewood. Colorado, bmeby cstify the above ia a true copy of 8-olution No._, Seriee at 1998 . • • I • . Iv .. • • 0 ]- - .. Nal.lCATION, na ENGLEWOOD HERALD STATE OF C0L0RADo C0UNTv OF ARAPAHOE • I,.,._.. J. =· do aolelmly--111111 am the ~ant and......._ of the ENGLEWOOD HERALD; a.t .. umeila WNldyne ,....,,,.._ llahed In the City of Littleton in the Ceunly of Anpalloe, ...... C. ...... and hu • general cln:ulallon 111191n; that aid ne '"* ,-lleln ....... ~an11 ... -... .., In aid Counlr of~-· pa.lod of 1i1019 than 52 ...... pdDr ID ..... P ......... olthe..._. .. Ice; llllt Nld ne ~ ...., In .. Poal a.. ol c,, .... -Second a.a ................ Ille Mid -.paper la a new1si1111r ....... the IIINnlng of the act of .. a...~o, ........ c. ..... ~ Mallett 30, 11123, ... .... "Lalll .......... Mt .... --... --~--......... PHllll.golilglllllllaa ... _,,:U hedln ........... ... .__olaaidna JI$ .-eac11--.on .. _dar al_. -,. ... pa.lod of L. oanaeci-.. ............. llit .. ptl IW,olNidnaloe-111 .... olaaidna1~dllal tt9Y • • • ' . .. , . • • 0 )- - • PIIOOF GI' PUIIUCATION ,,. ENGLEWOOD HERALD STATE OF COl.OAAOO COUNTY OF ARAPAHOE • I, CleranlJ. =· do eo1e,nn1y .._ lfllllamtt1e~1llandPIMJllar of the l!NGLl!WOOD Hl!RALD; lhat the wne iJ a llllNldy neurtpaper PIO- llahed in the City of Littleton in the County of~ .... ., CJI. oraclo, and hu • general cin:ulllan ~ that laid ne IMI* hM bNn ~~~~ Plltod ol 1110M than 52 ..... 1111111' ID ..... PIAllcallorl of the ........ .. IIDr, .. laid ll9UU9paper iJ ..... In ... PQJI Office of .......... Ccllolaa, • Second Clue Md matter Ind IIJt the Nici newapaper ia a ne......, .... the fflNning of the act of the a...~ ol the .... ., CJI. ...... ~ MM:11 30, 11123, _. ...... "'LelJI .......... Adu& ... -· Ind o11er ac:ta ~ ID lie ...... _. .,.e,,, • .., o1 11ga1 na1111a ... -PllbliJlled In the ,..., ... ..... ..._ofaidna :~.--.:11--.on,._,.day ol Nd! ...,. IDr • ,-tad ol ~~...,.,,. andlllt lie .. peM Fae, of Mid na1De -In ..._ ol Nld na p 1per dalad .. 92"' • • • ,, ' . ·~ • • 0 , I J - • • • • • (. COUNCIL COMMUNICATION February 2, 1998 Initiated By Slaff Source • I" Sllblect Amendment of Comprehensive Zoning Ordinance Neighborhood and Business Development Brad Denning, Planning Assistant/lntem COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council scheduled a Public Hearing on the proposed Comprehensive Zoning Ordinance amendment for February 2, 1998. RECOIIIIENDED ACTION City Council COi lSider testimony during the Public Hearing on the proposed Comprehensive Zoning Ordinance amendment. This ordinance wil be considered for 'Z"' reading on FebfUary 17, 1998. BACKGROUM>, ANALYSIS, AND ALTERNATIVES IDENT1FED The proposed ordinance is an implementation step of the Concepts, Strategies, and Actions contained wilhin the South Broadway Action Plan. The proposed ordinance is ~ to .. properties in the City of Englewood and was unanimously approved by the Planning Commi11ion on November 18, 1997. The proposed amendment addresses concerns voiced by property owners regarding height , .... aiol ... fencing materials, malntenMce of fMc:ing, and clarity of~-The ordinance is illlnded to eliminate ambiguity that property owners have experienced In canetruction of new fencing, or replacement of fencing and be more reeponswe to cunw,t deltelopmMI coilditiolis while improlllng admi aation tor staff. PINANCIAL .. ACT No firwlcial impact to the City. UST OF ATI'ACHIIENTS Propoeed Bill for Ordinance Findings of Fact Staff Report . ' · . • ' • • 0 - • ORDINANCE NO. _ SERIF.s OF 1998 . ' • • I~ • '- BY AUTHORITY A BILL FOR COUNCil. BILL NO. 1 INTRODUCED BY COUNCIL MEMBER~----~ AN ORDINANCE AMENDING TITLE 16, CHAPl'ER 4, SECTION 17, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TrrLE 16-4-17 AND ENACTING A NEW TrrLE 16, CHAPTER 4, SECTION 17, ENTITLED FENCES, WALLS AND VISUAL BARRIERS. WHEREAS, the propoeed orduwu:e ia another step in the implementation of the Concepts, Strategies, and Actiona contained within the South Broadway Adion Plan; and WHEREAS, thia propcwd amendment to the Compnbaaaive 1.aninc Ordinance ia applicable to all propertiea in the City of Eqlewood, Colorado; and WHEREAS, the t*opcwd •1111N1d1111N1t add.-c:ancerna that have been vuiced to City staff by property ownen reprdinc heipt restrictiC11111, fenc:iDg materiala, maintenance of fenc:iDg, and clarity of replaticma; and WHEREAS, the propcwd •llMl!dmeat waa prepand with the pla ofimprcmd lan,uap clarity and easier administration which will result in benefits to both staff and to tbe general public; and WHEREAS, the propcwd rmaed provisions are intended to eliminate ambipity that property ownen have aperienced in conatruction of new fencinr, or repl-t of fenciD(; and WHEREAS, the Eqlewoocl Planniq and Zonin, CommieaiCIII 1'99iewed and appao+ed thia propcwd eme,,cl1111N1t at their Naftmber 18, 1997 Meetinc; NOW, THEB.EFORE, BE 1T ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5od;iqp 1. Tbe City Cowacil of the City ofEqlewoocl, Colorado bsebJ rapeala 'fflle 18, Chapter 4, Section 17, entitled F-And RetaiDiDc Walla, of the Eqlewood Mmw:ipal Code 1985, and enacts an-Chapter 18, Chapter 4, Sectian 17, ent:itlad F-, Walla ADd Viaual Barriers which shall read u followa: lM-1 '7 : n:NCB8, WALLS AND VISUAL BABRJD8: A. PURPOSE · THE FOLLOWING PROVISIONS ISTABIJSH STANDARDS TO REGULATE THE DESIGN AND LOCATION OF FENCES, WALLS, AND VISUAL BARRIERS IN A MANNER WIUCH BNSURES THE FOLLOWING: 1. AN ATI'RACTIVE ENVIRONMENT OF SAFE, DESIRABLE CHARACTER; 2. REDUCED POTENTIAL FOR PEDESTBIAN OR TRAPFIC CONFLICTS; AND ,, - 3 . PROTECTION AND SECURITY FOR THE OWNER AND AD.JACENT PABCBLS. ' . . • ' .. • • 0 . -: I"' r I , - • • 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'*i OR MORE OPEN SPACE. MEANS A VERTICAL SURFACE WITH LESS THAN 50'*i OPEN SPACE. MEANS THE DISTANCE OF THE VERTICAL SURFACE MEASURED FROM FINISHED GRADE TO THE TOP OF THE VERTICAL SURFACE. D. YJSIBIIJTY: SIGHT DISTANCE TRIANGLE · ALL ZONE DISTRICTS . NO VISUAL OBSTRUCTION OVER TWO AND ONE-HALF FEET (2 1.12') 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 VISmILITY AT MA.JOR STREETS/AVENUES AND MINOR STREETS/AVENUES. Fipre. 1: SIGBT DISTANCE 'l1UANGLE .,, - ·------~---. 1--r -[ ------~---------· ~, -·-··------:-1· .... ---- INTBBSECTION SIGHT DIBTANCE Minimum Required Intenection Type ar Intenection SDNd M.P.H. Si.mt Diatance A B Minor Major Street/Avenue Street/Avenue Minor Sb'Nt with 20111Db 15' 200' a Maior street 215111Db 15' 250' 30111111b 15' 300' 35 lllllll 15' 350' 40111111b 15' 4JX1 45 lllllh 15' 4IO' so-in 15' 500' 2 • • • • , - • • • • '· 2. ALLEY SIGHT DISTANCE TRIANGLE • ALL ZONE DISTRICTS. NO VISUAL OBSTRUCTION OVER TWO AND ONE HALF FEET (2 lfl') IN HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE PERMI'l'TED WITHIN TWENTY-FIVE FEET (25') OF THE SIGHT DISTANCE TRIANGLE AREA OF AN ALLEY AND STREET/AVENUE INTERSECTION. SAID TRIANGLE IS IIEASURED 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 c"B•) AND TWENTY- FIVE FEET ALONG THE ALLEY CEN'l'Bll LINE c•A-i. THE THIRD SIDE OF THE TRIANGLE <-c-i CONNECl'S THESE TWO SIDES, CREATING THE SIGHT DISTANCE TRIANGLE. BOTH FIGURE -1 AND FIGURE· 2 SHALL BE USED TO DETEilMINE CROSS-CORNER VISIBIUTY AT STREETS/AVENUES AND ALLEYS. Fipre. 2: AU.BY 8IGll'1' Dl8TANCE TIUANGLE POINT OF INTERSECTION STREET/AVENUE...,..._... B ! B A • Center Alley Line, Twenty-five (25') feet B • Curb line, Twenty-five (25') feet ALLEY ' .. E. GLAMJFICATJQN OF DNC§ WAIJS AND 'VISUAL MBBIEM. SINGLE STYLES FOR FENCES, WALLS AND VISUAL BARRIERS ARE ENCOURAGED. CLASSIFICATION OF FENCES, WALLS AND VISUAL BARRIERS SHALL BE AS FOLLOWS: T ,., Clau 1 Masonry Clau2 Decorative metal Clau3 Chain link ctau, Wood Clau5 Alternaa .. Clau6 Combination fencelw two or Clau7 Woven Wire 3 ' ' ·- ... ... • • 0 - • • • .. • . • ' ,. F. N4INTBNANCE: 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 PROPBJlTY OWNER. G. PJSTIICT SIAND6BDS: FENCES, WALLS, AND VISUAL BARRIERS SHALL CONFORM TO THE FOLLOWING STANDARDS: 1 . MBBBD WIii NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE SHALL BE ERECTED OR MAINTAINED IN ANY RESIDENTIAL 1.0NE DISTRICTS OR WITHIN ANY 1.0NE DISTRICT FRONT YARD SETBACK. 2. EI BCT8IC !INCi BLBCTRICALLY CHARGED FENCES SHALL ONLY BE DECTED OR MAINTAINED IN INDUSTRIAL ZONE DISTRICTS OR WITHIN ANY APPROVED PUD INDUSTRIAL DISTRICT. 3 . FBNCI QIGBT ON B1'J'ADUNG W,U.J,S · WHEN A FENCE JS ERECTED UPON A RETAINING WALL, THE HEIGHT OF THE FENCE SHALL BE MEASUBBD PROII THE TOP OF THE RETAINING WALL. WHEN A FENCE IS DECTED UPON A WALL WHICH JS PART OF OR INTEGRAL TO THE FENCE CONSTRUCTION, THE ENTIRE STRUCTURE SHALL BE CONSIDERED A CLASS 6 FENCE AND SHALL COMPLY WITH CLASS 6 FBNCE HEIGHTS. 4. TENPQB68Y FENcgS • TEMPORARY FENCES FOR CONSTRUCTION SlTES OR SDIILAJl PURPOSE SHALL COIIPLY WITH THE SECTION 3303 OF THE UNIFORM BUILDING CODE. 5. IT SHALL BE UNLAWFUL FOR ANY PBBSON TO D.ECT A FBNCE OR FOR ANY PROPERTY OWNBR TO ALLOW A PBBSON TO ERECT A FENCE WHICH DOES NOT CONPORII TO THE STANDARDS ENUMERATED BBBEIN AND STANDARDS FOR ALL ZONED DISTRICTS AS DESCRIBED IN FIGUltBS G-1, G-2 AND G-3 . 4 "'~ 'I • • • 0 , I ~ ) ZONE DISTRICT R-1-A R-1-B R-1-C R-2 R-2-C R-3 R-4 Jl -1-A, R-1-B, R-1-C, R-2, R-2-C , R-3 ,R...f R-1-A, R-1-B, R-1-C, ll-2, R-2-C, R-S, R...f R-1 -A, R-1-8, R-1-C, R-2, R-2-C, R-3, R...f 0 CITY OF ENGLEWOOD ZONING ORDINANCE RESIDENTIAL DIBTRICT Standard,, Fiaure G FENCE LOCATION PERMITTED PERMITTED FENCE MAXIMUM CLASS HEIGHT FRONT YARD SETBACK .. Solid Construction 1,4 Three feet (3') b. Open Con1truction 2,3,4,5,6 Four feet (4') FRONT YARD SETBACK .. Solid Con1truction 1,4 Three feet (3') b. Open Construction 2,3,4,5,6 Four feet (4'), except u noted in Additional Requirements SIDE YARD SETBACK/FENCES BACK OF THE FRONT BUILDING LINE Solid and/or Open 1, 2, 3, 4,5, 6 Si:a feet (6'), Construction except u noted in Additional Requirement, REAR YARD SETBACK Solid and/or Open 1, 2,3, 4,5,6 Si:a feet (6'), Conetruction e:acept .. noted in Additional Requirement, CORNER LOT 1, 2,3, 4,5 Si:a feet (6') For buildlnp located on comer lots, side in the area e:acept u noted yard fenC81 in the yard abuttinr a public twenty-five in Additional rirht-of-way feet (25') Requirement. behind the front property line 5 • • • ADDITIONAL REQUIREMENTS/COMMENTS For all reeidential UIN, four feet (4') ,hall be the mulmum heirht. For office, inetitutional, and prof-ional buildinr developments for Clau 1 and 2 fence1 only, 11:a feet (6') shall be the mulmum heiirbt. FenC81 on comen lots shall only be permitted up r I . • to three feet (3') in heifht within the front yard eetback. Side yard fenC81 shall not obatruct vilibility at the lntenection of the alley with a street. ~ When the rear yard of a property abuts the aide yards of an adjoininr property, the heirht of the fence COD1tructed in front of the front building line of the houN on the acljoininr property shall not u~ three feet 1i:a inch• (3'6·). Rear yard fenCN shall not obstruct vilibility at the lntenection of the alley with a street. FenC81 on comen lots shall only be permitted up to three feet (3') in height within the front yard 1etback. Side yard fenC81 shall not obstruct visibility at the intersection of the alley with a 1treet. ... ~ L-.,.1 • • I CITY OF ENGLEWOOD ZONING ORDINANCE BUSINB88 DISTRICT Standards, Figure 0-2 .-or re1nuat1on1 rei &rd1Dlr re(IUlreG 8CreeD1Dll ID DU81Daa UJaW"Je&a1 aall ~l,IUII J.U•U UI 1,11111 J. UH:r1 U1:IUIH a1 11!1l'u1a1,1UHD ZONE FENCE LOCATION PERMITTED PERMITTED MAXIMUM ADDITIONAL DISTRICT FENCE CLASS HEIGHT REQUIREMENTS/COMMENTS 8 -1, 8-2 FRONT YARD SETBACK .. Solid Con1truction 1,4,5,6 Three feet ( 3') 8-1,8-2 FRONT YARD SETBACK b . Open Conatruction 2,6 Sill feet ( 6') A solid and open con1truction ct-2,4, 5, may be permitted where a solid 1 bue shall have a mHimum height of three feet (3'). The open con1truction built on top 3' 11 I l l I I 11 of that bue 1hall have a ·-muimum height of three feet I~ •,.~~~":-4J (3'). • 'i,;.r• :,:, }:~.,ti,t ,'-<I 8-1, 8-2 C.-2,4,5 Claal 2,6 Sill feet 1ill lnchea (6'6") for Clau 1 Poata/Pillan aet no cloaer than I r • • / l t five feet (5') on center. The ~ ~ ~ ~ height of the connecting fence ~ ~ • section• 1hall be Clua 2, 4, or 5, . ~ not esceeding sill feet (6'), so long 6'6':) . ~ t u its vertical 1urface ii more . than 50'll, open . ,.. Pmt w J 8-1,8-2 REAR YARD Thia provlaion ,ball not apply to educational Solid and/or Open Conatruction 1, 2,3, 4, 5or6 Sill feet ( 6') iutitutiODI. Rear Yard re..-,ball not obotruct vioibility at the intenectian of the allev witb a 1treel 8-1,8-2 SIDE YARD Thia proviaion 1ball not apply to educational In &ont of the building line 1, 2,5or6 Three feet (3') in1titution1. Side Yard fen-oball not obotruct vioibility at the inta..-tion of tbe alley witb a 1treel. 'It r • 0 • For nirulatioaa ZONE DISTRICT 1-1, 1-2 1-1, l -2 1-1, 1-2 ~ • 0 • CITY OF ENGLEWOOD ZONING ORDINANCE INDUSTRIAL DISTRICT Standards, Figure 0-3 r.mind ICl'Nllila.. -aubNdiona 18-'9HK FKNCI!: LOCATION t"l!:RMITil!:D FENCE PERMITl'ED ADDITIONAL CLASS MAXIMUM REQUIREMENTS/COMMENTS HEIGHT FRONT YARD SETBACK Solid and/or Open Coaatruction 1, 2 , 3 , 4, 15, 6, or 7 Six feet (6') SIDE YARD Solid and/or Open Coaatruction 1, 2,3,4,15, 6,or7 Twelve feet (12') Barbed wire or similar materials may be uaed on permitted fences more than sis feet (6') in height. Electrically charged fences are permitted. Side Yard feacea ahall not obatruct viaibility at the intersection of the alley with a atreet. UAR YARD Solid and/or Open Coaatruction 1, 2 ,3,4,15,6,or? Twelve feet (12') Barbed wire or similar materials may be uaed on permitted fences more than sis feet (6') in height. Electrically charged fences are permitted. Rear Yard feacea ahall not obstruct visibility at the intersection of the alley with a atreet. 0 .... , i. .. r I . ~ I • 'll I )- ] • • • c, \, Ses;tion 2. Safety Clauaea The City Council, hereby finds, determines, and declares that tbia Ordinance ia promulpted under the general police power of the City of Englewood, that it ia promulgated for the health, safety, and welfare of the public, and that this Ordinance ia necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper legislative object sought to be obtained. Sac;tign 3. Severahjljty If any clauae, aentence, paragraph, or part of tbia Ordinance or the application thereof 1D any penon or circwmtances shall for any reason be ailjudpd by a court of c:ompet.ent juriadidion invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other per80D8 or cin:umstances. Sac;tiqp' Ioroneil!fflt Ordjnanse, Nothing herein contained shall be deemed a waiver of the proviaiou of any other Code MCtion or regulation applicable 1D fences . If tha'8 ia a coat1ict W-the replatiou in thia Section and any other Code aection or replatiom, the more Btrinpnt regulations lhall apply. Sgtiqp 5 Effn:t g( .,,.., gr mwfificatjpp Tbe repeal or modification of any provision of the Code of tbe City of Enclewood by this Ordinance shall not release, extinpiah, alter, modify, or cbanp in whole or in• any penalty, forfeiture, or liability, either civil or criminal, which shall have hem incurred under such proviaion. and each proriaiOll aball be treated and held u still remaininc in force for the purpmm of nataininr any and all proper actions, suita, proc:eedinp, and proaecutiom for the eafon:ement oftbe penalty, forfeiture, or liability, u well u for the parpme of IUltainiDs any judpent, decree, or order which can or may be rendered, entered, or made in IUch actiona, auita, pmc-dinp, or proaec:utiou. Sestiqp &. fenalty. 'nle Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of thia Ordinanee. Sac;tipp 7. ElietiN Fmw. Any feslCe in matmm prior to tbe 6cti..,. date of thia ordinance, but which doN not caaform to tbe limitwtim• eatabliabed by thia ordinance, shall be noncaafanninc. A DODcoaforminc UN, allowed pursuant to thia Section, may remain at it:a lacaticJD U a lepl IMIIICCIDformin UN au1,jec:t to the termination requirementa al DClllCCIIWll'II ua. as deacribed in thia Title. BecaUN it ia a pmpcae of thia Ordinance to aliminate IIOIICCllllmmms uan, a nonconfarminf uae lhall not l"NWll8 if it bu been diacantinued &,r a continuoua period al at leut aoe hundred ud eipty da:,a or would terminate u provided for in the pneral DODCGllformiDc UN proYiaiona of thia Title. Introduced. rud in full, and puNd OD tint radiq OD the 5th day of January, 1998. ------- ,, -. .. • • 0 l I ]- - • • • .. Pabliabad a a Bill fir 1111 OrdiJwu:e OD tbe 9th day al Jmaary, 1998. 'ftiomu J. B-. lla:,ar ATTEST: Laac:riabia A. Ellia, City Clerk I. Loucriabia A. EDia. City Clark altbe City al.,.__., Colando, __, certify that the above 1111d fanpiq ia a tnl CIIPf al a BiD fir 1111 OrdiDaDce, ~ read iD full. 1111d paaed Oil tint readiac Oil tbe 5th day al J1111aary, 1998. "' -. , • ~ ~ . .. • • 0 , --I ]- • • . ,~ • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATl'ER OF CASE #OR 97-03 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE PROPOSED AMENDMENT OF §16-4-17 OF THE COMPREHENSIVE ZONING ORDINAJ."'llCE INITIATED BY: NEIGHBORHOOD & BUSINESS DEVELOPMENT ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION This matter was opened for Public Hearing before the City, Planning and Zoning Commission on October 21, 1997, in the City Council Chambers of the Englewood City Hall. At the di- rection of Interim City Manager Esterly, relayed through Assistant City Attorney Reid, the Hearing was continued to November 18, 1997. October 21, 1997: Commission Members Present: Commission Members Absent: November 18, 1997: Commission Members Present: Commission Members Absent: Cottle, Dummer, Garrett. Homer, Tobin, Weber, Welker, Douglas Styes Cottle, Dummer, Homer, Tobin, Weber, Welker, Doug- las Styes Testimony was received from staff. The Commission received ootice of Public Hearing, and the Staff Repon. and a memorandum from the Public Worts Depanment, which were incorpo- rated into and made a pan of the record of the Public Hearing. No public was present to testify on this issue . After considering the swemems of the witnesses, and reviewing the peniDem documents, the members of the City Planning and Zoning Commission made the followma Findings and Con- clusions . ...... - •· • 0 '32xl - • • • • ,. FINDINGS OF FACT 1. THAT notice of Public Hearing was given by publication in the Engiew<>gd Hm:ald on October 9, 1997 . 2. TBA T testimony from Planning Assistant/Intern Brad Denning and from NBD Director Simpson establish that the proposed amendmencs to the Comprehensive Zoning Ordi- nance, §16-4-17, Fences, Walls, and Visual Barriers, has been discussed with members of the business community, the Englewood Chamber of Commerce, and various other City departments to elicit commencs and suggestions. 3. TBA T a memorandum from Rick Kahln, Engineering Manager, and Ladd V ostry, Traffic Engineer, dated November 18, 1997, was received and incorporated into the re- cord; said memorandum stated that they "find the proposed document, as drafted, ac- ceptable from our Engineering/Traffic Engineering point of view." 4. THAT issues of particular attention arc the sight distanee triangle , fence heights. and restriction of fence classifications to specific zone districts. S. THAT Planning Commissioners streSsed the need for clarity on issues such as points of measurement for the sight distanee triangle; definition of "flow line" , "curb line"; height measurement for plantings or construction within the sight distance triangle . Commissioners also expressed concern that imposition of a sight distance triangle 11 alley /street intersections would negatively impact the building envelope for corner lots. 6. TBA T Planning Commission members made suggestions and modifications to the pro- posed draft ordinance, which were incorporated into the proposal to be recommended to City Council . 1. 2. 3. CONCLUSIONS THAT the proposed amendment to the Comprehensive Zoning Ordinance, §16-4-17, Fences, Walls, and Visual Barriers, was initiated by the Depanmem of Neigbborbood & Business Development as a response to problems that have arisen with interprewion and application of regulations in the existing § 16-4-17, Fences and Retaining Walls . THAT Notice of Public Hearing was published in the official City newspaper, tbc Englewood lkrilsl. on October 9. 1997 . THAT the proposed amendment to the Comprehensive Zoning Ordinance, §16-4-17, Fences. Walls. and Visual Barriers , addresses , simplifies, and clarifies swxlard.s and ,,. - • I • . ., I· • 0 ]- • "' - • t• . • ' <. requirements pertaining to erection of fences and maintenance of a sight distance aian- gle to promote safety of motorists and pedestrians. QECJSIQN THEREFORE, it is the decision of the City Planning and Zoning Commission that the City Council should repeal the existing §16-4-17, Fences and Retaining Walls, and that the pro- posed §16-4-17, Fences, Walls, and Visual Barriers should be enacted. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on November 18. 1997, by Mr. Dummer, seconded by Mr. Welker, which motion stares: Dummer moved: Welker seconded: The Planning Commission recommend to City Council that the Compre- hensive Zoning Ordinance be amended by repealing the existing §164- 17, Fences and Retaining Walls, and enacting the proposed §164-17, Fences, Walls, and Visual Barriers. This proposed new §164-17 will include all amendment proposed and included during the course of the Public Hearing. AYES : NAYS: ABSTAIN: ABSENT: Homer, Tobin. Weber, Welker, Coale, Dummer, DousJas None None Styes The motion carried. These Findings and Conclusions are effective as of the meeting on November 18, 1997. BY ORDER OF THE CITY PLANNING & ZONING COMMJS.gON • • • 0 ' ., , l ' I. ,: I I • To: Thru: From: Date: Subject: REQUEST: • 0 , . • ' ,, STAFF REPORT Planning & Zoning Commission Robert Simpson, Director ofNeighborhood & Business Development Brad Denning, Planning Assistant November 14, 1997 Public Hearing Date: November 18, 1997 Comprehensive Zonia& Ordioaace Amend~ent Cas~ # OR-97-03 Standards for Fences. W:ails and Visual Barriers Staff requests that Planning and Zoning Commission consider amendments to the Englewood Comprehensive Zoning Ordinance, Section 16-4-17, to revise existing fence and wall standards in the City of Englewood. These revisions are a recommendation of the South Broadway Action Plan. RICOMMENDA TIQN: Staff recommends that Planning and Zoning Commission recommend to City Council to repeal existing Section 16417, Fences and Retaining Walls, of the Comprehensive Zoning Ordinance and approve the proposed ordinance Section 16-4-17, Fences, Walls and VISU&l Barriers . BACKGROUND : This proposed ordinance results from recommendations with the South Broadway Concepts, Strategies and Actions Plan. The plan provides for a three to five year work program for improving South Broadway in Englewood. While Englewood bas a leadership role in the redevelopment process, implementing the plan also requires suppon from the community . Based on community input on the South Broadway Action Plan and input from the business community, Chamber of Commerce and residents on this ordinance, staft"hu worked to be responsive to stakeholder groups . ORDINANCE PROPOSAL : The proposed ordinance amends the fence and wall standards of the Englewood Comprehensive Zoning Ordinance . The proposal addresses fence classifications, maintenance, materials, and site visibility for vehicles and pedestrians. Fencing styles, materials, and maintenance standards affect the attractive, stable, desirable urban environment . Through physical survey, staff identified a variety of issues about fences throughout the City, including : fences in disrepair, fences displaying a patch-work of styles, varying height.. barbed wire fences, and walls constructed out of inferior building materials . These issues affect the community in a variety of ways including a perception of safety, general c:ire of the community, and security . Several South Broadway businesses are seeking support from the City as to how they might improve the appearance and security of their properties with improved fencing standards . This ordinance begins to address the concerns of businesses and residents . ~ _ CINYS\OEPT NBOIGROL?BOAIIDSIPUNCOMMIST.~ auoan 9'7\0R-91-43 .DOC "' - . ' • •· • 0 J - • .-.u«aHO.L. miIESOF1998 • • • <. BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER WAGGONER Ill OIIDIMANCS A11l'IIOIUZING Alf Dl'l"IIIIOOYDIAL AGU8IIBNT mnTrl.ED ·GRANT OF CITY DITCH RIGHT-OF-WAY" BETWEEN THE ~ BOU811fG AtJ'l'BOBm' AND '1'118 ClTI' 01' BNGLBWOOD l'OR I ~ PROPERTY KNOWN AS 3400 SOUTH SHERMAN. WHEREAS, by the pa1111age of this Ordinance the Englewood Housing Authority would grant the City of Englewood a City Ditch Right-Of-Way for the property located at 3400 South Sherman; and WHEREAS , the City of Englewood is responsible for conveying water through the City Ditch; and WHEREAS, the City Ditch right-of-way along a section of the City Ditch is neceuary for repairing and conveying water in the City Ditch; and WHEREAS, the City does not appear to have a recorded City Ditch right-of-way for the aec:tion at 3400 South Sherman Street; and WHEREAS, permanent riaht-of-way will be conveyed to the City with the attached .,._.t a,reement for 3400 South Sherman Street; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;jqp 1. The InterpYenunental Apeement, entitled "Grant Of City Ditch lligbt- Of-Way9, attacbed bento u "Emibit A,• ia hereby accepted and appnmNi by the Englewood City Council. Sed;igp 2 . The City Manager ia authorised to ew:uta and the City Clerk to attest and seal the A,nement for and OD behalf of the City of En,lewood, Colorado . Introduced, read in full, and puaed OD fint readin, on the 19th day of January 1998. -1- ----~. ' ,. - • 10bi .. • • 0 I ., I ]- • • • Publiahed u a Bill for an Ordinance on the 23rd day of January, 1998. Read by title and palllM!d cm final reading on the 2nd day of February, 1998. Publiahed by title u Ordinance No. _, Seri• of 1998, on the 6th day of February, 1998. 'nlomu J. BUJ'DII , Mayor ATTEST: Loucriahia A. Ellie, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and fonaoinc ia a true copy of the Ordinance puaed oo final reading and publiabed by title u Ordinance No. _. Seri• of 1998. -2- ,,_ . . , .. • • 0 f "'" • I - • • • • I• • EIBJBITA GRANT OF CITY DITCH RIGHT-OF-WAY THIS GRANT of City Ditch Right-Of-Way (this "Grant•) is made this _ day o( 1997, by the ENGLEWOOD HOUSING AUTHORITY ("Grantor") whose addreu is 3460 South Sherman Street, Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD ("Grantee") whoae address is 3400 S . Elati Street, Englewood, Colorado 80110. The parties covenant and agree u follows: 1. Rjght-Of-Way Prpperty. The -iu,ht-Of-Way Property" llhall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described u: Beginning at the N .E. comer of Lot 1, Block 7 Premier addition thence South along the East Line of Lota 1 and 2, 27. 7T; thence on an angle to the right of 100° 48' 16", a distance of 66.03'; thence on an angle to the right of 30° 00' 00" a diatance of 23.5'' to a point on the North line of said Lot l; thence on an angle to the right of 139° 11' 16" a distance of 82.68' to the point of begiDning. See attached Exhibit A, c:onaiatiDr of one page. 2. Copajdaratjop. Aa consideration, Grantee bu given Grantor ten dollan ($10.00) and other good and valuable c:aaaideration, the receipt of which is hereby aclmowledpd by Grantor. 3. Qnnt o(City Pitc:h Bight-Of-Way. Gnntor mnbJ granta to Grantee, ita 1111CCeUOn and auipa, a Bipt-Or-Way (the "City Ditch llicht-Of-Way) -. under, acrou and tbroacb the GnnteN property for the purpme « coaatructmr, operating, maintainill(, repairiq, replacinr, remcmnc, imPnmDC and enlusiDg the City Ditch. The Qty Ditch lball mean the City Ditch and all n--.ry underpvund and IUrfaat appurtenaacea thereto -.ry or deairable for the tnnamiNion of water iDl:ludmr, but n'Jt limited to, maim, c:aaduita, vaulta and ventilaton. 4. Suhjeait yd I•tcel S,•ppgrt. Grantor covenanta and apw that Grantee lball have the right of aubj-t and lateral 9UppOl't on the Right-Of-Way Property to whatever utent ia ~ or deairable for the full, complete and UDdiaturbed enjoyment of the rilhta granted to Grantee under this Grant . 5 . 6 . WerTfPtx of Titla. Granter warrmta and reprewata that Grantor ia the OWIUII' of the Risht-Of-Way property and that Granter baa full right, title and authority, to grant and convey to Grant. the Right-Or-Way. Gnntor f'unlulr COYenanta and a,rees to indemnify, defend and hold Grant.N banal-from and apinat any adVSN claim to the title to the ltipt-Of-Way Property by all and ffer)' ~ or penona lawtWly clailaiq or to claim the whole or any part thereof. Bjndjpg BfJoc;t, Thia Gnat lball .-d to and be bindmc upon the bein, penona1 reprewatativea, ~ and aNipa « the rapec:tift partiN unto. Tbe .... COftnanta, aanementa and coaditiau in this Grant lball be comtrued u covenanta l"UDIWll with the land. . ' •· • 0 J - • • • • · ... • .. ... IN W1TNP.SS WHEREOF, the partiel hereto bu aecut.ed tbia Grant of City Ditch Right-Of-Way the day and year flnt above written. GRANTOR: ENGLBWOOD HOUSING AUTHORITY a-,1 St. Clair, Bw:cdi•• Director STATE OF COLORADO ) ) •. COUNTY OF ARAPAHOE ) Admowladpd blb'8 -dm _ _,al 198'7, by Cheryl St. Clair, -tbl Bw:cdi•• Dinctlar aftha .......... Boaamc Autharity. lly Commi•aion apina: ------ 011.AMTBB: TBB CITY OP ENGLBWOOD ATTEST : Loacriabia A. Dia, City Cl.t ------,,---- 6' - ' •• ' • . .. • • ~ ,.) I,) - LEGAL DESC. BEGINNING AT THE N.E.CORNER OF LOT I, BLOCK 7 PREMIER AOOITION THENCE SOUTH ALONG THE EAST LINE OF LOTS I AND 2 27. 77', THENCE ON AN ANGl£ TO THE RIGHT Of 100-118' 16" A DISTANCE Of 66.03' J THENCE ON AN ANGLE TO THE RIGHT Of 308 od oo• A DISTANCE Of 23.54'. TO A POINT ON THE NORTH LINE OF SAID LOT IJ THENCE ON AN ANCl.£ TO TI£ RIGHT OF 13g-11 1 16• A DISTANCE OF 82.68' TO THE POINT OF BEGINNI~. E, GIRARD AVE <t.9. 'v~:'\v...• 82.68' 21 ! I t.> / /·-------- Lor, -l_o,r~ ~ lij_ J , ~ . • •, 0 • N SCALE I" • 10' N.E.CORNER LDT I BLOCK 7 PREMIER Afi/11TI07 ----~ I~ ~ -< r I • 7 ~ . , . , " • " • J - • RESOLUTION NO. _ SERIES OF 1998 • • • t• A RESOLUTION ESTABLISHING FEES FOR AUTO SALVAGE AND RECYCLED MATERIALS YARDS LICENSES UNDER TITLE 5, CHAPTER 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council af the City af Enclewood, Colorado bu amended the Enclewoocl Municipal Code with the JNIIIAIII al C .B . 45, Seri• al 1997, by deletia, the reference to liceDH r-; and WHEREAS, liceme r-are more appropriately let by Caandl l'NOlution on an annual baaia; and WHEREAS, this resolution eatabliabea liceue C-for Auto SalYap And Rec:ycled Materials Y arda LiceDHII; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ect;ima 1. 'nle City Council afthe City alBqlewoocl, Colorado benbJ approvw the followm, fees for Auto Salvap And Rec:ycled Materials Yards U-: Auto Salvap And Rec:ycled Materiala Yards Licenae Fee Application Fee $100.00 annually $ 10.00 paid ill adftDC8 ADOPTED AND APPROVED this 2Dd day al February, 1988. 'lbomu J . Burna, Mayor ATTEST : Louc:riahia A. Ellis, City Clerk I, Louc:riahia A. Ellis, City Clerk for the City al Bqlewood. Colorado , banby certify the above ia a true copy af e-lution No._, SeriN al 1118. .. • • 0 , __ I ]- ]- • • • - L COUNCIL COMMUNICATION Date Agenda Item Subfeet Resolution establishing fees for r111e 5, Chapter 10, Auto Salvage /Recycled Materials February 2, 1998 10 Ci Yards Licenses Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This resolution establishes fees for auto salvage/recycled materials licenses. Establishing fees by resolution is required by Title 5, Chapter 1. At the May 6, 1996 study session, staff discussed the proposed moratorium with the City Council. On June 3 , 1996, the City Council read and passed Ordinance 25, Series of 1996 on final reading. This Ordinance established the moratorium to run from June 10, 1996 to December 10, 1996. Council adopted Ordinance 55, Series of 1996 extending the moratorium until April 10, 1997. On February 18, 1997, City Council approved on first reading a bill for an ordinance extending the moratorium until July 10, 1997. Council approved on first reading this license under Title 5, Chapter 10 of the City Code on June 2, 1997. On June 16, 1997, Resolution 58 was approved by City Council. Resolution 58 incorrectly set the fee at $250, not $100. Financial Services will refund any amounts overpaid the City of Englewood. RECOMMENDED ACTION Staff recommends City Council approve this resolution . BACKGROUND, ANALYSIS, AND AL TERNATIYES IDENTIFIED The fee is being corrected to reflect previously established levels. All application fee has been added. Fees are set by resolution to allow City Council flexibility in re1riewing and aetting fees. No alternatives were identified . FINANCIAL IMPACT Fees of $800.00 were collected for this license in 1996. Fees are set u follows : lnitiaVAnnual License Fee: $100.00 Application Fee (paid in advance): $10.00 UST OF ATTACHMENTS Copy of proposed resolution . ' •, • • , J- ] • • • ,,, ~ • I• • COUNCIL COMMUNICATION Date Agendllltam SUbiect Supplemental appropriation and transfer of funds from the capital Projects Fund and General Fund to the Englewood Environmental February 2, 1998 10cii 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 AN>: Source ot EY:Jdl: Un~ Food Balance $550,000 YHI of fundf : Transfer To EEF for Architect Contract $550,000 FINANCIAL •PACT This appropriation and transfer will reduce the General Food unreserved/undesignated fund balance by $550,000. UST OF ATI'ACHIIENTS Proposed resolution ~ • .. .. • • 0 I J - • xo._ SERIES OF 1998 <. • • ,. • 1IICJa 1'D ~ Of IUliii8 ... -.. ~ ftJMD a.a,,·"..,uD ENVIRONMENTAL FOUNDATION, INC. WHEREAS, the . Council of the City of Englewood, Colorado, deairea to make additicma to the 1998 ual Budpt which were not iDdudecl in the oripw 1998 B adopted an Oc:taber 23, 1 , aucb fimda are to be uaed fir tbe redeveiopmmt and enhancement of the City' erc:ial environment; md WHEREAS, the puap of · rNOlutian will allow fir tbe trudlr and aJillll'IJllria funda for the City Council'• goal eupportin, the reclevelopment and enlliaqil!em City's commercial environment; WHEREAS, the Eqlewood En,vi0 J'Ollllilen1 corporation, will forward a rniNd budpt ftiludin& NOW, THEREFORE, BE IT RESOLVED B THE CITY COUNC OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sm;tign 1. The City of Englewood 1998 Budpt is GENERAL FUND: Sgurcs pf F11nde: Unreeerved/Undeeipated Fund Balmce u-g( fuocle· Transfer to EEF for Architect Contract Sec;tigp 2 . Tbe City Manaaer and the Direct.or of Filumcilll autbori&ed to make the above muia-to tbe 1998 ATTEST : 1bomu J. Burm, Mayor Loucriahia A. Ellie, City Clerk --------.---' ,,. - ' . . , ' • • 0 I 1- - • • ·, • <, I, Louc:riahia A. Ellia, City Clerk for tbe City at Eqlewood. Colorado, hereby certify the above ia a true copy at 8-ohmaD No._, Sena at 1998. • I • . ' ... • • 0 r I ]- ] RESOLUTION NO. _ SERIES OF 1998 • • t• • A RESOLUTION AMENDING SECTION 6 OF THE CITY MANAGER'S AGREEMENT. WHEREAS, the City Council, by SectiCJD 49 of the En,lewoocl Home Rule Charter, bu the reeponaibility of appointing and establiahing compeuation_ of the C~ty Manapr; and WHEREAS, the City Manager's Agreement and the Enpewood Municipal Charter require the City Manager to 1"811ide within the corporate bouDdariea of the City of Engl-ood; and WHEREAS, the current City Manager', Agreement requires J"8llidence by July 1, 1998; and WHEREAS, the City Manager bu been appron,d for a loan; boweYer, be bu not clONd on hia 1"811idence; and WHEREAS, the City Council bu reviewed all the c:in:umatancN aurroundinc this i11ue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;illl, 1. Section 6, of the City Manapr'a Apwment ii amended to reflec:t rNidenc:y within the corporate boundariea oftbe City ofl!:qlewood by Odaber-1, 1998. Sec;tjQD 2. The annual aalary for the City l(uapr aball remain the aame u 1997. AI>OPl'ED AND APPROVED this 2nd day of February, 1998. TbomM J. Baru, llayw ATTEST: Louc:riahia A. Ellia, City Clerk I, Loueriabia A. Ellis, City Clerk for the City of Bqlewood, Colando, benby certify the above ii a true copy of ReeolutiCJD No.__. Series of 1998. . ' .. • • 0 l - - • TO: FROM: DATE: SUBIECT: • • • ~- ... Mayor Bums and Members of City .Council Gary Sears, City Manager ffl January 28, 1998 City Manager Agreement Because of the very tight housing market in Englewood, especially during the November and December months, I have not been able to locate a house for relocation. I believe that the housing market will improve greatly during March through May and I will be able to buy a home that my family will be able to occupy for a long term. Because of the difficulty in purchasing, moving and oc:cupying a home by July 1 •, I am asking that the City Council extend the time in Section 6 of my agreement with the.Qty to October 1, 1998. As I indicated to you, I am pnqualified from Norwest Bank to a,wr the <mt of almost any home that wil come on the marut, without seling my current home. However, because of the limited nwnber ex homes amendy on the market, I would like the opportunity to purchase such a home in the Spring. I appreciate your consideration of my request to amend Section 6 . 10 C iii ' ' .. • . • • 0 )- RESOLUTION NO. _ SERIES OF 1998 '· • ... • • A RESOLUTION ESTABIJSHING THE ANNUAL SALARY FOR THE CITY A'ITORNEY FOR THE CALENDAR YEAR 1998. WHEREAS, the City Council, by Sec:tioD 6' oftbe Eqlewood Home Rule Chart.er, baa the reapomibility of appointin, and eatabliabinc compemation of tbe City Attorney; md WHEREAS, the Englewood City Couoc:il baa reviewed tbe City Att.onu,y'1 alary md found it t.o be below the median of other aimilarly lituated citi•; and WHEREAS, the City Council will revi-tbe City Attorney alary apin in m mcmtha after receiving a report evaluatin, citiN total compematicm for City Attameya; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ec;ti111 l. 'lbe annual alary for the City Attorney for the calendar year 1998, commencing Jmuary 1, 1998, ii hereby eatablilbed at $84,704. ADOPl'ED AND APPROVED tbia 2nd day of February, 1998. ATTEST: Low:riabia A. Ellil, City Clerk I, Low:riabia A. Ellil, City Clerk for the City of~ Colorado, bs1lby csUfy tbe above ii a true copy of Reaolution No.__, S... of 1918. ;- . ' • . .. • • 0 - - • • • · ... • . . C!EJ) A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 1998. WHEREAS, the City Council, by SectiGD 88 aftbe l!:aplwoocl Home Rule Charter, bu the responsibility of eatablillhiDI the NW7 for the Mmw:ipal Judp; ud WHEREAS, after diacuaian ad acr-t with the Muaicipal Comt Judp the City Council bu det.ermiDed to keep the NW7 at the Municipal Comt Judp the aame u 1997; NOW, THEREFORE, BE IT RESOt.VED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtigp 1. Tbe annual u1ary for the Municipal Court Judp ia hereby enabliwbecf for the calendar year 1998, commencing January 1, 1998 at $83,229. ADOPl'ED AND APPROVED t.bia 2Dd clay of February, 1998. Tbomu J . Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loacriabia A. Ellis, City Cln far the Qty at....,_... Colando, ......, ClltifJ the aboYe ia a true copy of Reaolutiao No ._. Slrill at 1111 . .. . ' • • 0 #_ I • • • <. COUNCIL COMMUNICATION Date Agendaltem Subfect February 2, 1998 11 a i Ordinance for a building lease Initiated By Safety Services I Staff Source Division Chief Torn Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The substation project, at 2909 South Broadway, was discussed by Council at the study session and regular council meeting on 1-19-98, and received initial favorable review. RECOMMENDED ACTION We are requesting approval of the ordinance for the City to enter into a lease of the building at 2909 South Broadway. This building will serve as an Englewood Community Policing Substation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED "' - Use of this facility will enable the Department of Safety Services to consolidate its Impact Team, Community Policing and Community Relations functions and personnel at one primary location. This location is central to an area in the city where the community's expressed and actual need for these services has been the greatest. City Attorney Dan Brotzman has reviewed and approved this lease as to form and content. Division Chief Vandermee's memorandum , "Proposal for Off-Site Office Space,-provides additional information and analysis. FINANCIAL IMPACT The annual costs to the City of Englewood are summarized on page two of Division Chief Vandermee's memorandum . The department also anticipates moving and start-up costs of about $5,000. The Department of Safety Services will pursue several possible grants and potential forfeiture sources to fund this project. Those costs not covered by such grants or forfeitures will be absorbed through the current budget. UST OF ATTACHMENTS Proposed bill for an ordinance Copy of lease Division Chief Vandermee's memorandum .. •· • 0 , ORDINANCE NO. _ SERIES OF 1998 ', • • • \ BY AUTHORITY OIIDIN~ AIJI ... PNO '11m UWIII OP A POlfflOlf OP .A. IIUIU>DfO LOCATED AT 2909 SOUTH BROADWAY BY THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Enciewoocl bu diac:u8led the iaaue af a community-orientated Police Suhatation; and WHEREAS, the Department aC Safety Servicea ia in need of additional office space; and WHEREAS, with the puap oftbia Ordinance the Enclewood Department of Safety Services will move ita Impact Team, Community Policing and Community Relationa functiom and penonnel to tbia new location; and WHEREAS, tbil locatiOD ia central to an area in the City where the community's exprMBed and actual need for tbNe Bm'ViCIIII bu been the peat.mt; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1 Tbe City Council of the City of Enclewoocl, Colorado hereby autboriw the 1-Acz-t far a partiaD al a builctinr located at 2909 South Broadway, Enpewoocl, Colorado, a CGpJ alwbicb ia mubd u "Emibit A• and attadlecl hereto. Sectim 2. Tbe Ma,ar and City Clark are bereby autboriud to lip and attalt uid LeaN Oil bebalf al the City al ........ Introduced, read in full, and ....... OD tint Nadia, OD the 2ad day al Ptibraary, 1998. Publiabed u a Bill for an Ordinance OD the edl day alFebnary, 1988. n-u J. Burm, Ma,ar ATTEST: Loucriabia A. Ellia, City Clerk ·•· . , • • 0 I J - • • ·, • I, Loucriabia A. Ellia, City Clerk of the City of Enpwood, Colorado, hereby certify that the above and fonaoiDI ia a true copy of a Bill for an Ordinance, introduced, read ill full, and puaed OD flnt readiDI OD the 2nd day of February, 1998. Louc:riabia A. Ellis -2- ----~ ' . ' • . .. • • 0 '--· -• - - • • • • 0 • 1. •mzm• Thia Laa.a•, dated, tor referaaoe parpo•-oaly, .JMMD 21« 1991 , 1• -e by 1111d between n, lfttl! ,-pl Pv:tffrlbip. LLP , (beniA called •r..aor") -City or gpq1pooc1, , fbereiD called ·r..-·1. 2. --· a portion of a buildiA9 (2'09 8outb •=--11 .,....ui.D1A9 2,000 aq . rt. of 9roaa 1-•• ar-. Leaaor berebJ' 1--to Laa-aad Lee•-l-•-froa t.eeaor for tbe tera of ...mlL..Lll. yea.re, and upoa all of tbe coacU.tiou aet forth berei.a., tbat oen:aiD r-1 property aituated iD tM Cormty of Mmntm State of Colorado, ~aly 1mowa •• 2'91 -" are n y, _, C, CalerMR MllD . aaid rNl property iDoludiD9 tb• laad. ead all iaproT-t• tb•raoa, la bar•iD called •tbe Pr-.la-•. 3. -· J.1 bsal The taaa of tbie Laiaae aball be for -J19L. (I) ,-.r• o~ia9 oa ~:'2:;':;;r!!lal!!'b•r.:r. endin9 oa ual-• aooner tarainated purauant J.2 Del•W la C-•• -••t.• llotvitbetancl1n9 aaid coaaenc...,.t data, if for any rNeon t.eaeor cannot deliver po••-•ion of the Pr-1•-to Lea•-on eeid date, I.Near ehell not be subject to any liability therefor, nor shall euoh failure affect the validity of thi• Lea•• or the obli9ation• of Lee•-hereunder or utend tbe tem ::r:::! ·.:~.1:. ~'!c~-=:~:.cs ~·::.::,1~r":v\d~,o~!.~ ~:.rrf r:eou:t.ih~ri=~:!:: delivered po•••••ion of th• Pr-i•-within thirty ( 30) daya froa aaid c~eaent date, Lee• .... y, at i...a-·• option, by notice in vritin9 to Leeaor within ten 110) day• ther .. fter, cancel thia Lee••• in which ev911t th• parti•• aball be diacharged from all obligation• hereunder and all aoneya returned to i.e..... If Lea•-occupi•• tb• Pr..t• .. prior to aaid coaaenc-nt date, auch occupancy ahall be aubject to all proviaion• hereof and euch occupancy ahall not advance the tend.nation data • .fl. an, Th• rent eball be f 1,llt,41 per a:>nth. Th• rentel paid for Neb eubeequ91lt option yNr aball be incrN.aecl by thr.. ( l) percent over the rental paid during th• previoua yNr. I.NaN ahall pay Leaaor upon th• eaecution hereof $~ aa rent for [~~D 16, 19-11-to lfrcb Jl. 1991 . Rent for any period durill9 the term hereof vb Ch a for l•• than one a::anth •hall be a pro rata portion of the aontbly inatallaenta. aent ahall by payable in lawful a:>ney of the United StatN to Leaeor at th• addr .. • atated herein or to auch other peraona or at auch other place• •• Leaaor aay deai9Date in vritin9. 5. ascua1n NPOal'r• a aecnarit7 ~•it ta waived bf La•eor. 5.1 La•-allall depoait vith Leeaor upon execution hereof~ aa aecurit.y for Le••-·• faithful perforaance of Lea•-·• obli9at.iona hereunder . If Le••-fail• to pay rent or other char9N due hereunder, or othervia• default.a with r .. pect to any proviaiona of thia Leaae, LNaor -y uae, apply or retain all or any port.ion of aaid depoait for th• payaent. of any rent. or other char9• in default. or f'or the payment of any other e.-to wbich Leeeor .. T becaae obli9ated by r-•on of LN•-·• default . Leaaor ahall not be required t.o keep ••id depoait aeparat.e froa it• 9eneral account.a. If Lee•-perforae all of Lee•-·• obli9at.ione hereunder, ••id depoait., or •o auch :=~ :; 1:~:r:~ ot:!~:.~f'l::r=t •r::1 ~. :t.!--::°~.~~~r~a::::;~~ =~~~::~ to the laat aeeitn-, if any, of LN•-·• int.er-t. hereundel') at the upiratlon ot the tena hereof, and aft.er Lee-baa vacated tbe Pr-.iaN . IIO truat: relationabip ia Cl'-t.ed bet.ween LMeor and LellaN with rNpect to eaid Security Depoeit. ,. -· ,.1 ..... Tb• Pr-1•-•b•ll be ueed and occupied only for onratioa oCfisv for t,ba CiCY ot· 1Palft99d and for no other purpoee . 6 .2 Caapliaaoe wiU1 a..1 Le••-•hall, at Lea•-·• ••pen••, COllply promptly with all applicable at.atutN, ordinancN, rul••• r99ulat.iona, ordera, reatrictiona or record, and requireaenta in effect durin9 tha t.ena or any part of th• tena hereof requlating the uae by Lea•-of t.ha Pr-1a... Lea•-ehall not uae nor penait. th• uae of th• Pr-ia .. in any aanner that will tend to cr-t.• waete or a nuiaance, if there ahall be aor• than one tenant in the buildin9 cont.ainin9 the Pr-ia ... ahall tend to diet.urb auch other tenant• . I . J Coaditioa of P .... 1•• • lubjec:t. to proviaiona contained in fara9rapb 16.25(b). Lea•-acknovled9-that neither t.eaaor nor Leaeoc 'a a9ent. baa -d• any repreaentatlon or warranty •• to the auitability of the •r-ia .. for th• conduct of Lea•-· a buain•••· 7. IUUIITSIUUICS UD &LftMTlCINo 1 .1 Leaaor '• Oltlt9a~.ioa•1 Except for d ... 9• cauaed by any neqligent. or intentional act or oaiaaion of Lea•-, Lea•-·• a9enta, eaploy-•, or invit ... in vhich evant. IA••-ahall repair th• d-9•. Leaaor, at Leeeor•a upenee, ahall keep in good order, condition and repair the foundation•, exterior valla and the exterior roof of tha Pr-iaN. Laaaor ahall not, however, be obli9atad to paint: auoh ext:arior, nor ahall Leaaor be required to aaintain th• interior eurface of exterior wall•, vindova, door• or plate gl•••, Laeaor ahall have no obli9ation to aaka repair• under thia Para9raph 7, l until • rNaonable tiae after receipt of written notice of the naad for auch rapaire . In addition t.eaaor will inaur• that IVAC ay•t•'•, Mjor electrical •Y•t-and pluabin9 uniu are operable at ti• Lee•-occupi-tlle pr•ia-. 1-•- ellall provid• eclleduled uintM1ance for IVM: unita. r..aor ell•ll be rNponeible for any Mjor repair• or nec:Naary replao-.nt: of eaid HYAC •r•t-. • ...... • • !I ... • • • 0 I - • • • 0 I • • 7.2 Le•-'• Obllp~ioaa• (a) Lee•-, at r.a-·• espenae, ab.all lr:eep 1D 9ood order, ooaclltioD Uld repair tb• Pr-1•-· illclud.ln9, vitbout 1..1aitiD9 tb• 9eaarality of tb• for-.oi.D9, ioterior pluabin9, alactrical aad U91ltia9 fiztur-and equipaant vltbi.D tb• Pr.al.aH, iatarior valla and interior audece of estarior valla, calliDp, vi..Dclawa, daora, aad plate 9lua located with.la th• pr-1-and ai-lb lldjac-t to tbe pr-1••· (bl It IAe•-faile to pedolCII IAe••'• obli9eti--U1ie Pera9npb 7.2, Lellaor _, at t.eaaor'• optioa m.tar upaa tile Pr-1•-after 10 clap prior vritteo aotic• to Lee•-, and put the -iD CJood order, coaditioa &Dd repair aad tbe ooat tbereof' to9at.ber vitb Ulter-t tbareoo at tba rat.a of 10, per &111118 aball be due aDd payable, if aot ao paid, •• additional rant. to Leaeor to9etber with Leaaee' • aast ~tal iJultal:i-t. (c) OD tba laat day of tb• tera bareof, or oa aay eooaer tarlli.Aatioa, Lea•-aball au.rreadar tba Pr-.J.aN to Leaeor iD tha •-coodltioa •• reoaiYed, brooa clean, ordinary wear and t-r .acepted, Lea•-aball repair any daaa9• to tbe Pr-1•• occaaionecl by tba rllllDYal of it• trade fizt.urN, furniabing• and equ.ipaent purauaat to Pare9rapb 7.J(dl, vbicb r-ir eball illclud• th• patcbia9 aocl filliD9 of bol-aoc1 repai.r of etructu.ral d ... ge. 1.J &lteratioaa &Dd &dditiaaa, f•I LIN•-eball not, vitbout t.eaaor• • prior written coaeeat, -ke any alteration•, J.apro,raaenta, additiona, or Utility ln•tallationa in, or about. tbe Preai•N, eacept for non•tructural alt•ration.• not ••ceedinq $2,500 in oo•t. Aa ueed in tbi• Para9raph 7 .3, th• t•na •utility lnetallation• •hall -n bu• ductin9, pover panela, wirin9, flor-cent fixture•, •pace h .. tera, conduit•, air conditionin9 and pluabin9. Should Lee•--k• any alt•ration•, iaprovaaente, addition• or Utility Inatallationa without th• prior approval of Leaaor, Leeeor -r require that Lee•- raaove any or all of auch and r .. tore pr-.ta .. to their prior condition. (bl Any alteration•, iaproveaenta, addition• or Utility Inatallationa in, or about the Pr-ia-that L•••-ahall deaire to .. k• and which require• the conaent of the L .. aor •hall be pr-anted to Leeaor in written fona, vit.h propoeed detailed plan•. If Leaeor ahall 9iva ita conaent th• coneent ehall be d....S conditioned upon t.eaa .. acquirin9 a perait to do ao frOII appropriate 9overn11iental agenciea, the furniahin9 of a copy thereof to Leaaor prior to tbe coaaanceaent of th• work and the coaplianca by Le•••• of all condition• of aaid penait in a prompt. and .. peditioua aatter. (cl i.aa-aball pay, when due, all claiaa for labor or -teriala furniahed to or for i..a•-at or for uae in the Pr-i•-, which claiaa are or -y be aecured by any aecbanic•a or -terial.aen'a lien a9ainat the Pr-ia .. or any interNt therein. Le••-ahall give Leaaor not lNa than ten ( 101 day• not.ice prior to the comaenc-nt of any work in th• Pr-1•-, and Leaaor ahal l have the ri9ht t.o poat d ... nd, th•n Le••-ahall, at. it.a aole .. pen••, defend it••lf and Leaaor a9ainat the ••-and ahall pay and eatiafy any aucb adv•r•• judg-nt that •Y be th• condition that if Leaaor ahell require. IAII•-ahall furniah to Leeeor • aurety bond aat.i•factory to LNeor in an uaount equal to auch cont-tad lien clai.a or d ... nd indaanifyin9 Leaaor againat liability for th• •-and holding the Pr-i•-fr-fro• th• effect of auch lien or claia. In addition, Lea•or .. y require LN•-to pay Leaeor•a at.torneya• f-and coat in participating in auch action if LNaor ahall decide it la to it• beat int•r-t to do ao. (d) Unl-• Leaaor requirN their reaoval, aa aet forth in Para9raph 1.l(a), all alteration•, i.llprov ... nta, addition• and Utility Inatallationa (vbetb•r or not auch Utility Inatallatione conatitute trade fixture• of Le••-), which •Y be aade on the Pr-iaea, ahall becoae the property of LNeor and r ... in upon and be eurrendared with th• Pr-i•-at the expiration of th• tena. llotvith•tandin9 th• proviaiona of thia Para9r•ph 7.l(dl, Lee•-·• 11&chinery and equipaent, other than that which ia affixed to the pr-iaN ao t.hat. it cannot be reaoved vithout .. terial dUM9e to the Pr-iaN, ahall r ... in the property of LN•-and 11&y be raaowed by Lea•-and aay be reaoved by Lee•-aubject. to the prowiaiona of Para9rapb 7. 2 Cc,. a. rDuaaaca, 1-rn 1.1 L1M111tJ 1-raaoe, Lee•-•ball, at LaaaN'a ••pen••, obtain and keep in force during the tena of thia Lee•• a policy of Coabined Single Li.alt, •oc:Uly Injury ::: a;,r,a~::y =::1~~· 11:.~-:c·o!::;:!:: i:--:.r1::!!::-:t'ta~:·:r::r.~-~~1t.'1:r!:!:: appurtenant thereto. Such inaurance •ball be a cOllbined aingl• liait policy in an aaount not 1-• than Sl.000,000,00, The policy ahall contain croaa liability endora-nt• and ahall inaure perfonaanc• by Le••-of th• indemnity proviaiona of thia Para9raph I , The liaita of aaid inaurance ahall not, however, li•it the liability of L•••-hereunder . In the event that the Pr-i••• con•titute a part of a larger property , ••id inauranca &hall have a Leaaor •a Protective Liability endora-nt act.ached theret.o . If Le••-ahall fail to procure and .. intain aaid inauranca, t.eeaor aay, but aball not be required to, procure and aaintain the •-. but •t the eapenee ~~-~:~-:i.. = ::ri~:=~~ == '!;.z::i::.:: :. !:. ·~: :::·::::!:.:!·"!::.:: allal.l 111•••a•• 1ai.ll .i.11:a 11••••• •• 1sa11 aa •••••••II _, L••••• ••• .i.11e•, lu a ••, 1a.a1. .i.ft 11:e a 1111 ltl.all .... WIIIII al , ... l:la-i.l.i.lJ i:11a11•a11aa i:11:a•aaaa lie -·· ltl.aa fi,fl,) ••••••• 1•••••• at1.a11 ,111a ••111.11• ltl.••••I IIH.i.111 ltl.a •••••11!119 Ii. al•••• •I Illa ea .. al 111.i..a b1aaa 111 a ••• I.Ila lai.l.w.•a al Leaa1r I• se.111.i•• N) all.ai.1iaaal .ia11it••••• •• ••••• 1llall ••• Ila rt11•1II sa sali.9111 • L11a11 •••• ••J altl..i.9ali.••• •II•• llli.1 1.1111 I. 2 Property laaaraaoe, (a) LNeor ehall obtain and k .. p in forca durin9 the ten11 of tbia I.Nae • policy or policiaa of inaurance coverln9 loaa or dUN9e to tha luildin9 and •r-iaN, but not LeaaN'a fixturH, aquipaant or tenant iaprov..anta in tha UIOWlt or tha full replac .. ent .value thereof, providin9 protection a9ainat all peril a includin9 vi thin the claaaificat1on of fir•, extended coverage, vandalia•, .. licioua •iachiaf, apec:ial axtendad parioda (all riak) but not plate 9laaa inaurance . In addition, the Leaaor ahall obtain and keep in force, durin9 the t•111 of thia Leaa•, a policy of rental incoae inauranc• c0Hrin9 a period or •ia -nth•, vitb loH payeble to IAllaor vbich 2 • ...... - •. " ., I • • 0 I ti, • ·; , H ri f 32xl ]- • • • • 0 I • • J.Daurance eball al•o cow-er all r-1 -tat• taa-Uld inaa.raoc• ooet• for ••id period . Ia tb• .. eat tb• Pr-1-cootailla apriaklera, tbm tlle iDaa.raDC• 00Yera9e aball l.Jaalad• •priDltler l-99 11aaar ....... (b) LN•-eball pay to Lae11CJr, cturiD9 t.ba tera bereof, iD addition to tb• rent, the aaount. of pr-.!._ for tH illaarance required IIDder tb.ia Para9rapb I • 2 and auab aua aball be part of tbe -tiaat.ed Taa Inaaraac• Uld CAIi ohar9-vb.ieb are Nt.iaat.ed yNrlJ ud obarcJed oa a 1/12 --.tla baaia. Tb• Nt.illat• of aucb abarfJN for t.ba ti.rat yNr of tb.ia Lee-1a $2.•5 per aqua.re foot of 1-aed arN . I.I 1 ......... Poli.al-• lnauraace requ.i.rad hereunder aball be iD ooapani- boldi.09 a •a.a.aral Policyboldara ht.UMJ• of 8 plua or beet.er •• aet forth 1D t.be ao.t currant. iaau.e of ·-t. Iaauraac• Guide•. Lee•-aball deli•er to Leeaor copi• of polici-of liability i.Dauraace required under the Para9rapb 1.1 or c.rtificat- ewid-.cinCJ tb• -iatenoe aad aaounta of aucb iaaurance with loaa payable olaua- aatiafaotory to Leeeor. llo aacb policy abell be caacelabl• or aubject to reduction of ccw•r•9• or otber aodificetioa eacept. after tea ( 10) day• prior written notio• of LNeor. LN•-eball, vitbiD tea ( 10) day• prior to th• eapiratioa date of •ucb polici-, furnieh Leaaor witb reaawala or ·binder•• thereof, or Leaaor _,. order a11eb inauranc• and cbar9• the coat thereof to Lea•-, which aaount. aball be payable bf Lee•-upon d .... nd, Lea•-•ball not do, or para.it to be done, anytbiD9 wbicb aball invalidate tbe inau.rano• polioi-referred to in Para9rapb I. 2. 1.t ••lnir of 811.brogatloa, Lee•-and Leeaor -ch hereby vai•-any and all ri9ht• of recovery a9ainat th• other, or a9ainat th• officer•, aaplor-, •tent.a and ropr-eatati,r-of tbe other, for lo•• of or daaa9• to auch vai,rin9 party or it.a t!:~:'.;:in~h: !~:~~rJ f!.u°rtah::: s:ii:; f!•fo°rC::-.t~~ 1 th:h:f:. ~~!u!:•~o:: o~.!:,!~ Lea• .. and r..eeor ahall. upon obtainin9 t.h• polioi-of inaurano• required hereunder, gi•• notice to tha inauranc• carrier or carrier. that th• foregoin9 -.atual waiver of aubC09ation la contained in thia Lea••· I.I I 1 1 ,., &.1ae11 .. 1 I as r •11•11 dad i IIJ -Ill 11.ald lle•l••• •••Ill lraa MNI •1•MI•• ••J a•d all al.aMla ••'•Wll ••-&.a•••••• 111•• al •II• ••-'•••, •• ••-•II• :::::::. ·:1 •::::::• ,:•::• ::: .:• ,::-:.::t.::•::':I: .::::. 0 :.:"!:::1 •:::i .. ::"T!:=,:; ••• 111.ald 111.a•la•• "····· ··-aad a9a.i,aa, •• , .... all •l•illl.a a••···· ··-aas llsaaall: ........ :a. ••• •Ila .......... a •••• , allli.1a••·· aa ....... 1 ................. a ..... . •II• ••-al •lli..1 ••••• •• ••i.•Wlt ••-.. , ••1li..111u1 •• I.lie ••••••, •• ••J •• ..... 11 • a a, •••• , ....... e••••, ..... 1., ••• , ••• ··-•••• ,a•-· al& ••••• , a,, •••• , r a ••••• •••••••• ••• li:allill1i.aa i••111•••• N &Ila •••••• •• ••r a11all elai..a •• ••11 •••••• •• •••••••'•• 11•111911• •tt••-•1 ••••••, 11••• •••••• l•a• "•••••• allal& ••••• •II• ... a ...................... , ....... l ••a••••llliJ •a•••••••••J •• l••••• "······ ••• .. ,ar&.11 •••• 11 I.Ila ••••ida•••••• •• "•••••, 11•••11\ ••• ••• a4ol ri..ak al dw1• •• •••••••s •• i..a;11w11 •• ••••••• •• 11paa •• a11111, I.lie ••-i••• ••••••• •••• ••11 ••11••, 111d J.aa••• lle•NJ wai. •• all al.aMM i.11 ••••••• ,II••••• a1a'-• Js••••• 1., ••-..tioa of Le•Nr frca Liabillty1 Lea•-hereby agr-• that Laaaor rhall not be liable tor injury to La••-·• buainNa or any lo•• of income ther•frc. or for d ... 9• to the good•, var-. ••rchandi•• or other property of Lea•-· t.eaa .. •a aaploy ... , invit .. 1, cuetoaera or any other pereon in or about tb• Pr-1•-, nor aball LNaor be liable for injury to the pereon of 1.eaa .. , Lea•-·• a.ploy ... , a9enta or oontraotora, vhathar au.ch dalla9a or injur,y ia cauaed by or r-ulta trc. fire, at-, electricity, gaa, vat.er or rain, or frOII tb• br-kage, 1-1t•9• obatruction or other defect.a of pipaa, rprinklera, wir••, appliancN, plumbing, air conditionin9 or li9htin9 fiaturN, or froa any other cauae, whether the aaid d ... 9• or injury rNulta troa condition• ariain9 upon th• Prtlllli•-or upon other portion• of the buildin9 ot vhich t:h• Pr-iaN ar• • part or froa other aourcN or placN and regardlN• of wbetber th• cau•• of auch d-9• or injury or the ... na of repairin9 th• •-ia inaccNaible to Lee•-· Leaaor ahall not be liable tor any dalla9N ariain9 froa any act or n99lect of any other tenant, if any, of tha building in which the Pr-1•-are located. t. --Oil D11ft11UC:UC1a1 t.l Partial .,.._-1-rec11 Subject to the proviaiona ot Para9raph t.J and 9.t, if th• Pr-i••• are d ... 9ec1 and auch d ... 9• waa cauaed by a caaualty required to be covered under an inaurance policy to be -intained purauant to Paragraph I. 2, Leeaor ahall, at Laaaor'• eapenae, repair euch d-9• •• aoon aa r .. aonably poeaibla and Ulla LN•• ahall continue in full force and effect but Leaaor ahall not repair or replace Lea•••·• f ixtur••, equipaent or tenent iaprovaaenta. t .J Partial .,.._-Uaiaaul'N1 Subject to the proviaion• of Para9rapha 9.3 and 9 .4. if at any tiae durin9 the tera hereof tb• Preai••• are d ... 9ec:1 . ucept by a negligent or willful act: of Lee•-( in which event Lee•-aball -k• the repair• at. it• Npena•» and auch daaa9• waa cauaed by a caaualty not coo,ered Wider an inaurance policy required to be .. intained by Leaaor purauant t.o Para9raph 1.2, Leaeor -y. at LNaor•a option either ti I repair auch d ... 9• •• aoon •• rNaonably poaeible at Leaaor• a axpana•, in which event thia 1-•• ahall continue in full tore• and etfeot, or (iii given written notice to Lea•-within thirty (301 day• after th• date of th• occurrence of auch daaa9e of Laaeor • • intention to cancel and tanainate tbia Leaae aa ot the date of tha occurrence of euch d ... ge. In t.ha event Leeaor elect.a to 91•• auch notice of Leaaor • • intention to cancel and tenainate thia Lea••, Lee•-ahall have th• right within ten 110) daya af t er tha receipt of auch notice to 9lv• written notice to Leeaor of Le••-·• intention to repair such d-9• at t.eaa .. • a axpenae, without reillbura-,it froa Leaaor, in which event thia Lea•• ahall continue in full torca and affect, and LN•-1holl proceed to Mk• I\ICh repoin H aoon H r-110n1bly po11ible. If LN•- dou not 9ive auch notice vitbin •\&Ch 10-day period, tbia 1-H •h•ll be coacelld ond terainated aa of th• date of the occurrence of auch d-9•· t .J Tot•l De•tr.oUH, If It any tial during th• te .. hereof the Proa!•• ore totally deatroyad froa any cauae Vbetber or not covered by t.be lnaurano• required to .. - 3 • ...... ,- • . • • • 0 - • • - be -i.Dtai.Ded by lNaor .,....._t to paravrapla I. 2 I i.Dcla4i.DtJ &DJ' total dNtruotioD required bJ' &DJ' autborised pablJo aatllorit)'I tllia ..._ aball aat ... tio&llJ' tenliaat• aa of tbe data of auob total ~. ,.a .,_ --of -· If tba --ar• parti•llJ' 4-roJ'ed or -IJed cturiD9 the 1-t ais aDatlla of tbe teaa of dlia i..a.,, t.eaeor or Leaaee _, at Laeaor'a or Lee•-·• option, caDCal UICI teEaiDate tllJ.a ..._ •• of tbe data of oaaarraDOe of aucb _.,. by giYi.Dg vrittaa -tioe to tba otller part)' of •lactioo to do ao vitlai.D 30 dap after tba data of ~ of aucb -... I.S Alta._.t. ol -t.1 ...._ •• --.U.-1 l•I If tba Proaia-are partiallJ' -tro)'ed or -gad, &Dd 1-aor and LN•-repain or rNtoree tbea ~t ta die prcwiaiooa of tbia ••ra9rapb t. tbe reat payable bereuadar for Ula period darillt vbicb aucb .._ .. , repair or r-e.oration cootiD-&ball be abated iA -rtioo to tba dagr-to fticb '--' • -of tba •raaJ.•-ia iapaired. bcept. for abet-tor r-t, il' aay, Lea-aball haw. no alaill a9ai.Dat Leeeor for any ~ .. 911ffered bf r-9CNI of aay auclt daaa9a, deatr110tion, repair or rNtoration. (bl If LNaor llllaU be obli91ted to r-ir or r-tora tba Pr-1-under !::bf~~·= ~~t.~i• • .::•:._~:r: .~tl -=~:-=-.:':.h, 1r-::i~!~~t:;:l!noa: oaacal and tezainata tbia LN-br 9i•iat Leaeor writ.t .. notice of Lee•-·• election to do eo at any ti.Ila prior to tbe o wt of auch repair or rNt:orat.ion . In aucb ..,..,t, thia Lea-eball tanaillata •• of tbe data of aucb notice. ,., Te&Wi-~i--W.aaoe ••,-nt•• Upon tenaination of tbi• Lee•• pvrauant to t:hia Para9rapb t, an equitable edjuataant aball be -d• concerning advance rMlt and any advance pa,-nt• IIAde by Llleaea to Leaeor, Leaeor eball, in addition, return to Lea•- 90 auob of LN•-· • aecurity depoeit aa baa not theretofore been applied by Leaaor. 1.1 ...._ ..._11 ._ .. t:.1111& rt ... ~ to terai.nate thia 1-a• a9r._.t it -y ._.,_ that are not repeired within 10 dap tor partial d ... 9• (301 of apace or 1-•) or to daya for total deetraotioa faffeotiq apace 9r-ter than JOI) • •• a •a .... , a• ••a•···· ·-·· I .......... u. ,., alsl ....... , , ••••• ,,lsi•Hla •• .... •• ... ••• ... •M•1• l.11111 ... ••all •-all.all ~• •••• •• all• ••• .... ••• Waa llaa :1•aaaa ••• C:MI •••I• aa a 1113 -•1111:J llaai.a Wlla aas.ia.111 11 a11all allas1aa la• .... ••••• , a•• •• 1.11,. 1•••• ,. sa •• ••• a ..... •••• ., 1aaa,• •••• ..... ::i: == -:.~ :::e::::;:.~:.::::.i:·=: :::.~::=:.~:·t:::! ••• 1: .. ,' ................... iall:a•••···· •• •a•••• la••••. Ult•••• 11, •• , .......... , Ila 4• I alla •'•••• •• .ia•i••• ,, •• la •••, Ml•&••••1 ••J •••, • a1••1' ••••• •• ::::::.:: ::::::: .:: .. :: .:·:;:!; •• ·:::·:!:::"!; .;!:::~::· i.:::!::•:. :: .. ::-:: ................. , .... •a•l ••••••• , •• •i.ell ..... ··-···· ••• • ...... •• .,., •• , l.1111••• •itll:I II •••• •• alll1• iaa1a1 Ill•••••-• •• aa a1a.iaa1 La111••• ll•a.iaaaa al laaai.a1 Illa P••iaa1 •• aa1 •••IC 1 ,a 11lr11iauaisa, fa .. iall3 •• lstallJ; al ••l ...•... , ... 1, , .. 1.... , ... , .......... , .•. , ...• ·-1. •.. , ... , ...... -, .... ,,, ... .a. ::::. .... aal 11:sa ••• , .......... , •• a1, ,... •••• , ... , ........ , •• ,, ................ , 10 J Jalal 111 l1 II Illa f••4aaa ••• aal •••••alal9 1111111•, l.11111«1 l.i11lili.1, allall II• • ... ,,,1111 •••1•••••• el Illa •Ml •••1•Mf' •••a• ••• al.I. •I $Ila , ............ -···· , .......... , ..... llla ........ , 1aa ............. , ... , •••• Ila llala•in II IIJ L.aaa1• ··-alla B 1111 Ill I a.l.•aa.iaM aaai .. 111 .la Silla 1111111•' • wa•ll 11111,a ........ '···-··-•• _, ... ••1 n,11.1, a .,1.1111 I 1 ••• s IIAAlrlr •••••laa1i1a ll.1•111, ia .... lallll:, allal.1 Ila ••••1:•al a 10 t •••••••••••••• ,. •••a• f•I 111111 all.all,.,, ••••• 11 ••&ia11a••J, al.I.••••• 1111••• ••••••• ••• la i.a• 11:,•• ••••• Ii••••••• •~••l•lll•t•• ... ,,.aal ••• all. a11l1s •••a•••l •••••••i 11 LIii 11 aa11•••··· la .... •••iaaa •• ••a••... ... •• ,.,,,111., I Hr 11 allalJ. ••••••• ,. ••••• IMI•••••, 111 .. i.allli.a1a, ... ,,..,, ••• a.l.1 1111•• ••••1-• •••••••i •• II• •••••••• ••• •&11•• ·:::·~'! ~·= ~ --~ ':t:·;:~: !:·-: ........ 1W ~4••••, ...... 1 ... •••••••• ,,a. 1.1111••• •••1 •••••••i, •n••• all.all,., L1aa1• alt.a••••• ••••iill•lallla •• L11111 111i.11t.t.11 10 lleJ • ••••• ••••••• •• a 111•4••-•••• ••n, ••••.la• ••••II IM a w 11,1.i1allla •• 1.11111•• ••• , .... , U. lfflLJTJ• Lee•-aball pey directly the coat of 9aa, electric. power, telephone traab and other utility aerYicN uaed by Lee•-, ~tiler with any t••• thereon. Lea1or aball pay directly th• ooat of 1...r and vat:er ••nice aupplied to praaia• and include auch cbar9N in tba CM char9 .. a•-•ed to Laa•-· U. ANI-UD -1.aftl .. , U.l La•-r•• Coaaaat .... , .... , '-•-•ball not voluntarilr or br operation or law aaaip, tranafar, aort9a9e, aublet, or otbenria• tranafer or encnJ11bar all or any part: of Lea•-·• int:•r-t in tbia Laaaa or in tU frlllli-, without Leaeor• a written conaent, Vbicb Leaeor ahall noc 1111r .. eonably witbhold . any att ... ted •••i9raaftt, !:~~r:~.~~;::':· b=~~~~:1:r r!:.~~ttin9 without auch con-t allall ha void, and 4 • I • .. • • • 0 , ,, I J • • • 0 t• • 12.2 8o a.i-of ...._, a.gardl-• of t.aaaor•• ooaaeat, DO •abletti.Dg or •••1...-.t eball ral .... Lea-of Laaaor•• obllptioo or alter t.be priaarf liability of Lee•-to pay tba r-t and to perfom. all at.bar obll9ationa ta be perfoniad by i..e-taerellllder lllll-•. vrittaD approYal by Leaeor ia reaei.Yed. '!'be aooaptaaoa of r-t by lMeor fraa any ot.bar peraoo aball DOt be d....s to be a vaiwar by LNaor of .. , prodaioa ber-f. C:-t to -... i_t or aablettin9 •ball -t be - -t to uar •ube-t .. a1_t or aablett1D9. Ill tba -t of default bf uar •••1...-of Lea•-or uay eaooeeaor of i..-1a tba perfoEaaDaa of aay of tbe tecaa bereof', Leaeor -, proceed d.i.rectly afJ&,illat Lea•-witbout tba aa:,-aity of ullauatiD9 r...U-a9ai.Aat nid aaaipee. Leeeor -, coaaeat to aubeequent aaaipaea.t.a or :r:.:!:~ ::~: Dr::~f·y;:9 =-~~ ::,.-:!!!::!!0:: ::..~~ =:~t~~~ :::!?::; it.a or their OODeMlt tberato aDd aucb actloa. aball oot ralie,wa Lea-of liability IIDCler tbia Laaaa. l> .......... -,-· 11.1 Del-lU• Tit.a oocurrence of' uy ODe or .:,ra of tba folloll'illt' ... -.ta aball 001111tituta • (~t•~:1.:::;~!; =-.:!=-:!t t:~• t::9;:.!J.::,-:...-. (bt Tba failure bf Lea•-to .. Ir.a any pe,-.t of rent or any at.bar pa,-at required to be Mde by r.ee-bereuader, ae and vben due, wbare euab failure eball continue for a period of t.br-daye after vrittan notice thereof frca Leaeor to LN•-· (c) Tb• failure by LN•-to oba•rv• or perfora aay of th• oowenante, condition• or pro•ieiona of tbi• Lea-to be obeervecl or perfocaecl by LN ... , oth•r tben dNcribed in para9raph (b) •bo••, vb•r• eucb failur• eball continue for a period of JO day• after written notice hereof froa Leeeor to LN•-, prcnricled, bowaYer, tbat if th• nature of Lee•-·• d•fault la e11C:b that aor• than JO daya after vritten notice bereof froa Leaeor to LeaaMJ provided, however, thet if the natu.re of LeeeN' • default ia euch that aor• than JO day• ere rMeonably requireJ. for ita cure, then LN•-ahall not be d......S to be in default if LaaaN cOIIINftCed auch cure within aaid JO-day period and ther .. rter diU9ently proaecut•• auch cure to coapletion. Cd) (it The .. kin9 by Leea .. of any general arrang..-nt tor the benefit of creditora; (ii) the filing by or againet Le••-of a petition to ba•• LeeaN adjudged a bankrupt or a petition for reorganization or arrang..-nt under any law ralatin9 to bankruptcy funl-•, in tbe c••• of a petition filed a9ainat IAeaN, the •-ia di-ieaed within 10 daya J J ( iii J tb• appointaent of a truatN or receiver to take po••••ion of ali&betaatially all of LNeN' • aaaata located at th• Preaia .. or of t.eaaN ' • inter .. t in tbie Lea••, vb.ere po••-•ion i• not r .. tored to LNaN wit.bin JO daya, or (iv) the attac'-nt, -ecution or other judicial aelaure of aublltantially all of t.MaN ' • ••••t• located at th• Pr-1.aN or of Lea•-·• interNt in thia Leaaa, where auch aeiaur• la not diecbar9ed within lO daya. Ca) Th• diaco••ry by LNaor tbat any financial atat-nt 9i•en to Leeaor by LeaaN, any aeai,nea of LN•-, any aub-t...aant of Leaa .. , any auccMaar in interMt of LNaN or any vuarantor of LNeN'a obli9ation hereuoder, and any of tb-, vaa aatarially falaa . 11.J -..Staa, In the event of any aucb Mterial default or breach by LN•-, Leaaor -y at any tiae tb•r-ft.er, vitb or witbout notice of deaaad, and vitbout liaitin9 LNaor in tb• •••rci•• of any ript or r-.ty wllicb LNaor _, ba•• bf rMaon of a\lCh default or brNcb a Ca, Ta111in•t• LeaaN' • riCJbt to poeaMaion of the Pr_i_ by uy levful ... na, in which caae thia Lea•• ahall tenainate and i...a .. aball 1-diateiy a11rrender poaaNaion of the Pr-i•-to Leaaor. In aueb .... t. Leeaor allall be entitled to recover froa LaaaN all d ... 9• inc:rurred by t.eeaor by reaeoa of i.ee-·• default includin9, but not liaited to, th• coat of recowwi119 poe-•ioa of tbe Pr-1-; .. pen••• of relettin9, inoludin9 necNaary reno,,atioa end alteration of u .. Pr-1-. r-aonabla attorn•r•' , ... and any rNl Ntate 001111ieeioa eot11ally peid1 c.be vortll at the ti.lie of award by the court havin9 j11riacUctioa tbereof of tile eaouat bf vbictl tbe unpaid rent for th• balance of th• tam after the tiae of •ueb averd ..,..... the aaount or a11Ch rental loaa for the •-period that Lea-prow-could be rMaoaallily a,roicled; that portion• of the lNein9 cOIIIU.aaion paid by LNaor purallADt to Pua9raph 15 applicable to th• uneapired tara of thia Lea-. (bJ llaintain Lea•-·• ri9bt to poaaNaion in which ca•• tbi• Lee•• ab.all continua in effect whether or not LNeN ahall bav• abandoned tbe PreaieN. ID euch event Leaaor ahall be ar1.titled to enforce all of Leaaor'a ri9"t and r911ediN under t.bia Leaaa, includin9 the ri9ht to recover tbe rent: aa it becoaae due bereuadec. (c) Puraue any other r...ty now or hecNfter available to LNaor under th• lava or judicial deciaiona of the ltata of Colorado , ll ,l Dafa•lt Illy Leaaor1 LNaor ahall not be in default 11111-• Leeaor fa i la to perfona obli9ationa required of LNeor vitbin a r-aonabla tiJN, or aucll aborter period of ti.lie •• ia r-•onabla in the event of an -r9ency, but in DO ..,eat later tNn thirty ( lO) daya after written notice by Lea•N to Leaaor and to tbe bolder of any firat aort9a9a or deed of tru.at coverin9 the Pr-i••• vho•• naaa and acldrNa ahall have theretofore been furniabed to LN•-in writing, apacifyin9 wherein Leeaor baa failed to pertona auch obligationa: prov i ded , bovever, that if tbe nature of LNeor •a obl i 9ation la auch that aore than thirty ( JO J daya ara required tor perfonunca, tben t.aeaor ahall not be in default if Leaeor coaaanc-perfonunce within auob 30-day per i od and th•r-fter diligently proaecutaa th• .... to coaplation. lJ.t Lat.• Cller,aa, LeaaN hereby acknowled.9•• that late pa,-ant by t.eea .. to LNaor of rent and other auaa due herauader will cau•• Leaaor to 1.ncur coeta not cont-latad by thi• I.NH, the eaaot -unt of vhich will ba aatr-lr dUUoult to aacertain . luch ooata include, but are not. liaitad to, procNein9 and ac:cowat.in9 char9N and late cbarg .. which 11J be iapoa.S on LNaor by tbe tenaa or any aort9a .. or trut dead coverin9 the Pr..ta ... A<:oordinqly, U any i1111tal1-lt or r•t nr uy otber •-dua rroa I.Na .. aball -t ba raceivad bf LNaor or LNaor•• cleaip .. vitlaia t• ( 101 clay• attar a11eb -unt aball be dua, i:...-aball pay to LNeor a late cbarqe ,. - . t(.~ • . • • • l • 0 • H u.. Pnai-or ..,1' portiOD -f ue --U.. -of --t daaaiD, or eold tmdaz' tbe tllr-t of tb• ...rel-of -id ....-,r C•ll ot ~ are IMN'•iD aalled ·~t.ioa•), UU.. Leaee •ball uma.t.aaw -g die pert eo ~ aa of tll• date u.. oo d tn9 eutborit.r t.altN titl-or ,.......1 .. , '*1~ fl.rat:. rm. rt aore t.baD 101 of t.b• floor UN of tbe ~t• oa tN ~. or aore tbaa 251 of tu laad UN of tb• •r-1•-wlt..icb i.a DDt. oaeapled bT ~ ~ca, h Uk- by co~t.ioa, Lee-_,., at i...-·• opeloa, to be ...-c:1.aed 1a vrit.illt' oalr wiUliD t. .. (101 clay• after Leaaor aball b••• 91 ... Leeeee vrit.t.-aot.ioe of e11Ca11 taklDt (or ill tu •-• of -b DOtic•, vitbill tea 1101 dllp efter U.. -ill9 authority eball Ila•• taken po••-•ioa) terainata t.llia Leaee •• of die date tN ooallaaliav aut.borit.y t.altN a11eb poe•-•ioo. If LN-doaa not. t.ecai.aat.e till• LeeN 1a aooordaace vit.b t.be forevc,iD9, thia Lea•• aball r ... iD in fall force and •ffeat. u to tbe portion oft.be Pna.i•• reaai.Dia9, -oept tbat. t.N rent aball be reduced 1a tlle proportioa tbat. tile floor area taken bee.re to tb• tot.al floor area of tbe baildia9 ait.uat.ecl on tit• Pr-.J.-. ADJ' rW'ard for t.b• takin9 of all or aay part of t.ba Pr-1-IIDder tile power of -1.nant. daallin or any pa,-a.t -de unclar tbreat. of t.be ••rel-of a,acb power ab.all be tbe property of Leaaor, whether aacb award •ball be a.de •• 0Gllpell8atioa for tbe diainut.ion in value of the 1-•ehold or for th• takin9 of tbe f-, or •• ..... ranee d-9-1 pro,ridad, however, that Lea•-ahall be entitled to any award for lo•• of, or d-9• to, LN•-·• trade fiaturN and reaoYabl• pereonal property. In tb• .,,.,..t t.bat thia Lea•• i• not. terainated by r-aon of auch condemnation, LNaor ehall. to the extent. of ar,eranee d-CJ-received by Leeeor in connection with euch cood..nation, repair any dalla9e to the Pr-1•-cauaad by auch oonda11Dation except. to the eatent. that Lea•-ha• been reiaburaed therefor by the cond-.in9 authority. IA••-•hall pay aac,1111t in exoNa of auoh aeverance dalla.9-required to coapl•t.• auch repair. H ar ···-· .... .,.. •• • .. ,. •• ••• ., ............. , ••••• • .... ,, ,., •• 9 1 1 J t INllY , 14•H••• •••1 •••••• 111••11••• • ••• •• •••II -.••II•• .... 1 •• al ,11a ••• l•••• -•• llllla •••• Illa 1•••• •1• ••••• H .1 .. ~1 CerUfioeue, (a) ....... •ball, at any tille, upon not 1 .. a than ten ( 10) day• prior writ.tea notice froa Leeaor, execute, acknowled9• and deliver to LNaor a etat--t in 1;1!!:?fl~.0 :~!!t~n:h~:·~-~~!! ~~::c~· ~!,~~~n-i::.d1no!~ 1ff:r:·t::: ::f:c:..!:!: •• IIO IIOdifiad, ia in full force and affect) and th• date to wbich th• rent and other cbar9-•r• paid in advance, if any, and ( 11) acknowled9in9 t.bat there are not, to LN•-· • knowled9e, any uncured default• on th• part of Leaaor hereunder, or apecifyin9 auch default• if any are clailNd. Any auch atat...,.t: -r be concluaively relied upon by any proapect:ive purchaaer or encumbrancer of t.ha •r-i•N. (b) Lee•-·• failure to deliver aucb •tat.-.it wit.bin aucb ti.lie a hall ba conclueiw• 11pon t.eea .. (i) that thi• Lea•• ia in full forca and affect, v.1tbout: aocUflcation escept: •• -, be repr-•ted by Laaaor, (iit thet: t:b•r• are no ancured default.a i.n Leaeor•• pecfonaance, aod Ciii) tbat not aoce t:baa one aont.b •a r•nt: baa been paid in adYance or a11ah failure -y ba conaldered by LNaor aa a default. by -M•- -tbia i:--. (C) If Leeeor dNirea to fi.naoc• or refinance th• Praai-. or any part tbereof, ....... bereby a9reea to deliver to any llll'lder deaiCJ119t.ad bf Laaeor, auch financial atat--.ta of Leeaaa aa -, be r .. aonably required by auob lencter. Such atat .... t:a eball include t.b• paat thrN r•ra• financial at:at...at.a of Lee•-· All eucb financial atat-t• ahall ba received by Leaaor in confidence and aball ba uaecl only for the purpoe .. herein aet. forth . 11.2 Laeeor•a LJ.•111t1, The tera •i...aor• •• ueed herein aball -only t.ba owner or owner• at the tiae in qu-tion of t:b• f-title or a Laa•-·• interNt ln a 9round 1-•e of the Pr-.!-. and eacept •• aaprNaly provided in Para9rapb 1S, 1n tbe .. eat ot any t.ranafer of auob title or interNt:, Laaaor herein n....s (•Del in caae of any aubaequent tranafera the thea 9rant.or) ahall ba relieved froa and after tbe date of aucb t.ranafar of all liability • r .. peot:a Leaaor•a obli9ationa u..r-ftez-to ba parfonNd, provided that any funda in tha banda of Laaaor, or the tbN 1rant:or, at the t:1-of euch tranafer, in which Lea•-baa an int:areat, •hall ba delivered to t.ba 9rant... The obli9ationa contained in tbia Leea• to be perforaed bf Laaear aball, aubject •• aforNaid, ba bincUn9 on Leeaor• • auccNeora and aeai9ne, only cturia9 tbeir reapeetabl• perioda of ownerahip. 1,. J .. nraltillt:y, Th• invalidity of any proviaion of thia Leaae, •• detarai.aed by a court of ooapetant juriadict.ion, ahall in no way affect the validity of any other provieiona hereof. 16.t laUreat: oa •••t:-4'1e «*litaU.-• &acept. •• ••prNaly herein provided, any aaount due to Leaaor not paid when due aball bear interNt at 121 per annua froa tbe date due. ••raant of a.acb int•r•t allall not eac1u-or cure any default lly LN•- under t:hi• Lea••, pro•ided, however, tbat inter .. t ahall not ba payable on lat.a cbar9• incurred by Lea•-nor on any aa:MUtt upon wllicb late chart• are paid by Lea•-· H.! Tiaa of .. __ , Tiaa ta or tu ........ 6 .. ., • • • 0 I - • • 0 • H.6 c:apu-, Articl• -para.,rapb aaptio,.. ar• aot • part belc-f. 1, • ., Jaaarporat:.laa of Prior ....-1:a, ~t.•• ft.l• Lea-ooat.allla all avr-.t:• of tb• parti-vitb r...,.at to aDJ' -t.ter -tioaed hereia. llo prior aqr-t or -erot~ part:&iJw,9 ta UJ' 1111Cb -tt:er aball ba affaat:i••· Tbi• t.aoa -J' ba ~fiad iA vritiA9 otUJ', ai~ bJ' tba parti• iA iAter•t at tba tiaa af tba -ificatioa. B:llcept •• otharvi .. atatad iA thia i:.a .. , t.aaN beral>y aclmovled.-tbat 11aitbar r-1 -tata broiler U.t.ed in Parac,rapb 15 hereof nor aay cooperatia9 broker 011 tlli.a truaaaat.loa, nor tba Laaaor or any .-ploy-or ageDta of aay -id pereoea, baa -d• any oral or vrit.t-varraati-or repr--tatioaa to i...- relat.1•• to tlle oooclitioa or uae by ..._ of aaid Pr-.1.11-, aDd Lee•-aallmowled9N tbat i:.a... -all .._ibillt7 ~9 tba Oooupatio ... 1 laf•t:J' l•ltb Aot, tba 1 ... al uaa ...s adaptabiU.t.J' oft.be•~ ... aDd tba oaaplianca t.bereof vitb all applicable 1-aDd r-.alatioaa iD affect darill9 tile t.ana of tbia Leaaa, eaoeipt. •• otbenri .. •-ific•llJ' atatad i.D thia i.e ... It.I ..._._., Ally DOt.iae required or penLl.tted to be 9iwen bereunder aball be i.D vritia9 and _, ba 9i.._ b7 pa~l dalil'erJ' or ba cartifiad -11. and U 91'•- peraonally or bf •11, aball be d---S aafficiaat.ly 9i•ea if add.rNaed to Lea•-or to Leaaor at the addrNa noted below tbe eiC)llature of tbe r-pectiv• perti-, •• t.be ca•• aay be. Sitber party -y by not.ice to tb• otber epecify a different addr-• for not.ice purpoa•• .. cept that upon Lea•-·• takin9 po••-•ion of tb• Pr-1•-, tb• Pr-1•- ehall conetitute Lee•-·• •ddr-for notice purpoa-. A copy of all noticN required or peraitted to be 9iven to Leeeor hereunder ebell be concurrently tranaaitted to eucb party or partiN at auch addr-•N aa LNeor -y froa tiaa to tiae her-ft.er deeipate by not ice to LeeaM. 11.t teai .. n, llo veiver by LNeor of any proviaion hereof eball be ct...-1 • waiver of any other proviaion hereof or of any eubaaquent br-ch by Lee•-of t.be .... or any other provieion. Leeaor • • coneent to or approval of any act ahall not be d-....c:S to render unnec .. aary the obtainin9 of LNeor '• coneant to or approval of any eubaequent act by Le••-· Th• eccaptanc• of rent h•r•1a11d•r by Leeeor ahall not. be a waiver of any precedin9 br-ch by Lee•-of any provieion hereof, otber than the failure of Le••-to pay th• particular rent eo accepted , r~ardlN• of t.eeeor • • knovled9• of euch precedin9 br-ch at th• tiae of acceptance of auch rent . 11 .10 lleoordia91 Lea•-ehall not record thi• Lea•• without Leaeor • • prior written conaent, and auch recordation ehall, at the option of t .. aor, conetitute a non- curable default of Lea•-hereunder. Sither party ehall, upon writt.en requNt of the other, execute, acknovledge and deliver to the other a abort fom •-,randua· of thi• Lea•• for recording purpoaN. 11 .11 aoldt .. o...r, If Lee•-r ... in• in po••-•ion of the PreaieN, or any part thereof, after th• expiration of the tera hereof, without th• upr-• written coneent of Leaeor, euch occupancy ehall be a tenancy fro• aonth to 110nth at a rental in the aaount of the laat aonthly rental plue all other chargN payable hereunder, and upon all the teraa beraof applicable to a aonth-to-aonth tenancy. 1,.12 C1a11la~in ..... i••• IIO r.-dy or election berellftder •hall be d.....:l -clueive, but ahall, wber .. ar poeeibl•, be cumulative witb all other r....Si-at law or in equity. 11. lJ Co••-t• aad Colldttt-• Kach proviaion of thi• Lea•• perfonubl• by r...aa .. ehall be d......S both a covenant and a condition. 11 .lt a1 .. 1 .. Sfteotr Choice of Law, Subject to any proviaione beraof rNtrictin9 •••i9111Mftt or eublettincJ by Lee•-and ellbject to the pro,rieione of Pera9raph 16.2. thi• Lea•• ehall bind tb• partiN, their peraonal reprN-tativ-, auocNeore and •••i9na , Tbi• Lea•• •hall be CJO••rned by the Lawe of the State of Colorado . H.15 -rdl_U_, (a) Thi• Lee••, at LNaor •a option. ehall be eubordinate to any 9ro11nd lea••, aort9a9e. deed of trv.et, or any otber bypothecation for eecurity nov or hereaftar placed upon tbe r .. 1 property of which tb• •r-i•-are a pert and to any and all advance• -d• on the eecurity thereof and to all ren9Wale, aoclificatione. coneolidationa. replac--.nte end utenaion thereof. llotwithataDdincJ eucb eubordination, LN•-· • ri9ht to quiet po••-•ion of tbe Pr-ieN •ball not be dieturbed i f Lea•-1• not in default end eo lon9 •• tea•-ahall pay the r .. t and obeerva and perfon1 all of th• provieiona of thi• LN••, unlNa thi• Lea•• ie otbeivi•• tandneted purauant to it• tenM, if any aort9a9 .. , tru•t-or ground lNeor ahall elect to have thi• Lea•• prior t o the lien of ita aort9a9a, deed of truet or 1round lea••, and •hall tiv• written notice thereof to Lee•-, thie LN•• aball be d...-d prior to auch 110rt9a9e, deed of truet, or 1round lea••, whether thie Lea•• ie dated pri or or eubaequant to th• date of ••i d aort.9age, deed of truet or 9round 1-H or the data of recording thereof . (b) Lea•-a9r ... to execute any docuaante requi red to effectuate euch eubordi nat i on or to .. 1r:. thia Lea•• prior to th• lien of any aortt•t•• dead of true t. or ground lMaa, •• the c••• _, be , and fail i ng to do eo within then ( 10) daya after wri tten d ... nd d o •• her eby .. 1r: •• conat i tute and i rrevocably appoint Leaeor •• Lea•-·• attorney in fact, and in La••-·• n•••, place and at.Md to do ao. 11 .1, &turaer·• re.a, lf either party or th• broker naaecl herein brin9e an action to enforce th• tenu hereof or declare ri9hte herawlder, the prnailia9 pert.y in any eucb action, on trial or appeal, •hall be entitled to hi• rNeonable attorney •• f-to ba paid br tb• looln9 panr oa Uaad br th• court. Th• prol'iel-• or thia paragraph •hall inure to tha benatit of the broker naaed herein Vbo aeelte to enforce • right hereunder. 1 •• • • " 0 • • • 0 ..... f • • 0 • 11.11 LHl-r·• ._., Leaac,r aad Laeaar'• •9-ta aal.Y" .._. ............ law a --uu-of t.i,e CUy of ... 1-allall ...... tbo ript co -t•r tbo Proai-at r-acnl&bl• t.t.a.a for tbe pw:poa• of i.Jlapaat.iDcJ t.be -· abalfiD9 tb• -to c==~:. ~!::t~~ 1 ::-: .~~":.-=·to~ ... -=~--:.~ :.!:·:.::~ r:--~rt •• Leeaor -, d-nec...ary or deairabla. Leaeor _,., at any t.1-, place GIi or about. t.ba Pr-1•-any ord.i.Dary •ror a.1e• aiqna, aad Laaaar _,, at any t.iaa duriD9 t.ba laat. 120 day• of tb• tera bareof, place oa or about tbe Pr-.t-_, ordinary •ror Laaaa• aipa, all wit.bout rabat.• of rant or llUillty to Laa-. H.11 H.---1-• '-•-ollall not place uy •lCJII llpOD Proai ... , or conduct any auction tbereoa, vitbcnat. Leeeor• • prior vritt .. coaaaDt., eaoept t.bat. LN•- ahall baYa tba ri9bt, wit.bout. tba prior penainioa of Leeeor, to place ordinary and uaual for rent or sublet aipa tbereoll . aatua1 1!~a1::C't..::0::»1=~.=t:.~ ~r=r.0 ~::i\• ~r:Y .':r~, 0 !.: aball, at tba option of Leeeor, tanai.aeta all or any eaiat1D9 aubteaanci-or MY, at the option of t.Meor, operate •• an •-1..-t. to Leeaor of any or all of auch --1-. 11.20 COq.orau a.~tt.y, If Leaeee 1• • corporation, -oh iDdiYidual -ecnatin9 thi• Lea•• OD babalf ot -id oorporation repr-ant:• and warrant:• tbat be i• dulr aut:boriaed to eaecnate and deli..r t:llia i.a-oa bebalf of ••id oorporat:iOD in aooordanc• with • duly adopted reeolut:ion ot t:b• lloard of Director• of uld 1:~i:.\~~n, u:!n in .:r:o~=~-~~~~ t: 8!!:oawana:c:a ~itc:.°rlt:a~;~ 0 and I~h•:..!:!: ~-= Corporat:ioa, LM•-&ball, witbin tbirtr t 30) day• after execution of tbia Lea••• deliver to Leaeor • certified copy ot • reealution ot th• Board ot Director• ot' ••id corporation authoriain9 or ratifying the -ecution ot thie LN••· 1,.21 CoaNat::a, Wherever in thi• Lea•• th• conaent of on• party ia required to an act ot' th• other party auch con• .. t aball not be unrN•onably withheld. 1,.22 Ouarut.ar, In th• event there la • 9uarantor of thia Lea.a•, aaid parantor &hall b••• t.h• •-obligation••• Lee•-under Para9rapba 16.1 and 16 .20 of thia Lea••· 1,.2:s Quiet PoaNaaioas Upon LN•-paying the fixed rent r-•rved hereunder and obeervin9 and pert'orain9 all of the covenant•, condit.iona and prOYiaiou on Le••-•• part to be obaarved and pert'oraad hereunder, Le••-aba 11 h••• quiet po•••••ion of the Pr-1•-for th• entire tara haraot' for tba uae provided in Section 6.1 aubject to all of the proviaiona of thi• LN••· 16. 26 Optiona, In the event the Laa•-, under the t.:.nu of thia LNaa, baa any option to extend th• tana of thia Laa••, or any option to purch••• the pr-iaN, or any right ot' firat rafuaal to purcbaae the pr-1a .. or other property of Leaaor, then -ch of auch option• and ri9hta are peraonal to Lea•-and .. , not be axarciaad or be •••ignecl, volunt.arily or involuntarily, by or t:o anyone ot.tlar ttlan Le••-except that it .. y be exaroiaecl by, or •••igned to, any of the entitle• d .. cribed in Para9raph 12.2 hereof, for vba11 L•••-do .. not need tba conaent of Leaaor to •••lgn tbia Lea••· In the avant Lee••• tlaraundar ha• any -.altipl• option• to ••tend thia Laa••, • later option to extend the Lea•• cannot be exarciaed unl••• the prior option baa beall ao !::r:~~T:;ti:a o~!:~ ~I.be LN-::~ciaed at • ti.Ila vben tba Lea•-ia in default under <•> •••1•••r WN/auildl-, lmr-... CAIi oUr,aa, Tbia la a triple net lNaa therefore, LN•-la rNponaible for reillburaa11ent to Leeeor for bia prorate ahara (l/2 of property•• total eapenae) of •••••••J •••••• buildin9 ineuraace and CAIi char9aa, CAN char9N &hall include the coat of Mintainin9 property'• caaaon arNa and ahall include veter and • .,.r ••rvice, lot. clNnin9, parkin9 lot ploviD9, lanclecape uintananc• and lot li9htin9. Such Ta•, Inaurance and CM cbart•• are Ntiaated for the firat y-r of th• lNaa tena to be $2.45 par aquara foot of rented arN . Tbea• coat.a will be ••••••ecS to LMa .. •• additional rent in prorate aonthly pa,...,.ta during th• firat r-r of llU..aJJ_Noh and ahall be -tiaated in advance for Noh alabeequent )'Nr of l•••· Mjuataanta will be .. de on • yNrly baaia, baaed on actual coat• with Le••-receiving • copy of auch reconciliation . (b) Prior t:o th• 1-•• coaaenc...nt date Leaaor ahall have 1Mda a1-l neceaaary and r .. aonable rapalra to th• pc-1-.. it.a finiabea and fixtucN . Leaaor •h•ll •l•o repair wall finiahea, perfo111 nec•••ry paintint and have clNned vella, floocin9 and carpetin9. A walk t.hro119h will be perforaad by Leaaor and Lea•-prior to th• co-.nc-nt data to be aura that the preaiaN are in acceptable condition to La••-· {c) Tenant covenant& with Landlord to notifJ Landlord of any and all haaardoua aubatanc .. <•• defined below) 9enerata or atorad at the pr-i•-, to coaply with all obli9ationa iapoaed by appl i cable law, rulN, r-,ulationa or requir-ta of any govarnaental authority upon auch .-naration and atora9• of baaardova allbetancN, to prohibit any 9enaration, atora9• or diapoaal of haaardou aubatancN at tbe pr-iaN, except aa pen1itted by LNae, to deliver proaptly to Landlord true and coaplata copiN of all noticN received by Tenant froa any CJOY•C"lllllel'ltal authority with reopoct to the 9anention, oton9• or diapooal by T-nt or ba1ardo110 elabot-. to proaptly notify Landlord or any epillo or acciclanto in•olvin9 a haaudoua elabotanco, and to penait rNaonabla entry onto the ,r-1 ... by Landlol'd for werlficat.ion of Tenant '• coapliance vith thia cowenant. T-t •tr-to utilla• oaly trauponera oppro•ocl by tho JEnvir-tal Protocti-&t-r and tba ltuo or Colorado to dell•er and raovo haaardol&O olabotancN rrca tllo Proai-. T-t alao a9r-to 1-Uy - • - •. .. • • • 0 ]- • • ,~ - '· --LAadlonl (wiell 1-1 -1 ....-1r -..,a.le to .-1en1 fna --1-t .. , coat•, r-or ...--Cillallld.Jat, vitllaat. l.Jaltac.iae, cl--.p ......-, 1:11.lrd- putr alaiaa ---cal '-1-t ......-. 1-• of .... c, -....-1. d1-l of ... .---· ftiJI 1-ilioatica bJ' -t -11 auYiYe C1ae c-..ti-or -irat1-of Clull .__. • .. ..---· -11 -• 1, ... _ --·· u -1-la tlla ~ t 1--ir-t.i ._. ~u--Llabillcy aat, .. _, z . •teae•, u def_ la •o C.l'.a. 7'1, or -1-~iatt..e -1 .. ted -t11a Toaic --c:aauo1 aat, .. _, J. ·-toe·, u -1-d ie 21 c ...... 1110.1001, -· -·· --1-.._i.tt..e -19•ted -e1ae ~tiaael 11at•r -~ell aat of 1110, .. -, • , Oil petrol.a -prodaata1 5. a.dJ.oact.iYe -c.es-1.al or -t•1 ,. a1o109t..l -o--1 .,-. --u -ur1e1, - ,. ·---· ... --1D --·t--_., -· • __..., -MIOlt. aat.e _,. be -rrca c.a-co tiaa, .... • ...- t-•r N --bJ' -tt..el l .. iaiatioe of • _.1 --· At Leaeor '• opt.loll., la t.lle 10 Up prior to tile tera1.llatioll or die Laaae, &.aeeeC' _, r-.uire i....., et Leeeee'• eape1111e, to prowlde •• ....,lrGlaallt•l atllllit. co ..._r for tM pnai.aM, -.re Laeaor Ila•• r-....a.le lleaie f'or __. ~- (di ~ PeF'9N• z-w ia 01-fi•• 151 -111 -r -.&ioe - tor 1-r-1 . .r-and oooditioea of tlli• 1---11 NU.. -._199 --,-r opU-teno -apt Ulat tlNI natal paid -11 N ioar-bJ' -(JII paro•t over Clae -t paid dadao t ... -•109 ,-r. '-•-.. 11 eotitr Z--r la vriUoo at 1-•t aixtr (IOI clap prior tot ... -iretioa of c,arnat 1--teno Claet it intende to eaarci-•uob one y-r 1--opt.ion teca. •••ilabl• ei~9• ~,:=:• :!fffloo:-:.•~.!J. ~~i~r• .!:l:~: :i1 ·:~ •:r:; ::~ :,::~d:c.;~c:.~ ~-=·c.-:S. u:::~t ~ ~-·~r .. ·s:.::.1~u~°:.:.~~ °:'.~.!r: :~::!:: :~!::1:1 t.11. 1:v!·.;:r::~: =:.:-r:o1:1;filuC:nl:: ::ir t!".!; .~r:r..=r i: any caaualty. 'Ihle pant•• ... reto be•• _,.ted Ulla .__ et th• place oa tbe dat• •-itied -letelr edj•c•t to their r•paati•• •i-tar•. It tb• '-•• be• -filled la, it .... -pr-red tor •ulai••i-to rour :~::·:r!:!r b:: i~s:a:~~ o':° .:;r=c::1:: ~ t=-::::~;::.::, ~~f=t:-:! taa con•equencN of tbi• Le&ae or the tr....ation relatint thereto. r.aaa, Auelaorbecl alonature i!or cltr of ... 1- 0.te, ___ T_h_oma __ •_J_._11_u_r_n_•_,_tta_ yor LIHD1 --· ,..._, Addr-Ne l -· ll15 aoue11 alati n~ IDOl-. Color-IOllO ell ·-·l .. ~ip, Lia Je/;;;;::::, ~ s; I 100 TIIII UM8 IIU 1-llft --. MD,_ ftUlff •~ c:aua&.T ,-. --1 1a1ao . • "'~ ' ' , ' ' .. • • 0 I I ]- • • • (. ~1 -1-· ~~J ----"_ I , t •• ... _·:::-::-"' ~ ' ,~ ,r, ,..,, £ ""T ·-..... L~-....... ~=~--...---~-c!- (; 1 ,. .... -· ~·1 1 .r_o, .;:, a •.L -•Y .... ;,,.,,,. .:,,,..,,,, .:~ IC.,..,c-It/•~~ .,.,,,,,..,,,.,.,,., . • p H . .., ~, ~6# • ..,,, o . 'f7 "· ,II --·L • .. r- ,, " <#7 ' ,::, " V F .I) • . .....«. ........... :...T:.=---- ~••o,r,, ~,,,,,wt:11 ~--r= ... ·== r ,,.,,:.,1 --··------.,,,,,_.....,,...,., .. ... ... . . . · ........ .,..,,,~ .. ... • 1..-:::..t-:n'-'~ir- ·---W!"' ---! ............. ~··· ----~--' ; I h i l ;:, ~ ' I I •, .. ;ii i ' ~ " ... ,u, ,. - ·< "l) lo .... ! .., .. i V, ;. .. ,~ .,o . ' • • 0 I -, I • 0 • '· 1eroC.LE WOUV SHFE T f SER•J !(ES • MEMORANDUM TO: FROM : DATE : SUBJECT : Chris Olson, Oireclor Division Chief Vm ldermee January 13 , 1898 Proposal for Off Sight Office Space 02·H P.01 Over the Int NYeral year& as you well know, the Department of Safety Ser.ices ha INChed • critical situlltion in terms of office space for .-nployees. Current conditions hawi employees cramped into small ollicn such as the Code Enfoloament peno1•lel. In their particular liluation four amplo)'ws occupy a V9fY small afflc:e in the patrol bureau while an additional four .. locad in • "bull pen• enviloument localed in F"n Administration . Community Relations and the Impact Team are physically hoUled .,. 119 Denny MIier Bulcllng. The aix patrol Nl'QNnlS.,. bull penned in the ~ room with no privacy in which 1D conduct employee c:oumeling. rrlNllnga wiltt Clilinna. or to conduct wt. aftln times is confidential bulineu. i.e. evaluaions. peraonnal ln¥eallgallonl, etc. As the orpniDllion grows and epedalillld funclionl .. develooed 1111 .. critical to the succen of the organization and .. actJicuen.m of our goals. h apace siluation becomeS lncreaingly men crttical. N. • recent staff fflNting, the Space Utilization CGmmillee -re-lnatitulad . ~ included me. Deb Moomaw , Joyce Parsona, .-ff Sanchez. Jay &Ny, Don Schoenbeln. and Jim Ulrich. Prior to our first rNeling I wig! led Sergeant SMChez the retpOnlibllly of locating polllnltal localio,i• in the city that were available for ..... and that could provide us wllh neceua,y office apace . ,, - .. • • • 0 r ~,.. I - • • • • ,t-,-:,-.1:,.:to 11: 17 ~J l P .02 Sergeant Sanchez located the property at 2901 South Broadway . This location waa previously occupied by Stand By Penonnel. The adjacent office at 2911 Soulh Broadway is currently oc:cupled by Printer's Personnel but wll be ll¥allabla February 1, 1998. 2901 South Broadway ha been leased to a 1elephone communications company . 2911 S . Broadway remains available and could Wily houM the Impact TNm and the Community Reldo,,a officer. It allo pro¥idN ample apace that could provide a combiualion fflNling tac:ililyllraining room . It could also be Wily COIMllted to additional office space Chat could houN other organizational units . The utilization of this facility for the Impact T..,-. and Community Relations would fur1her ~ the o,ganizallonl m1•11ilrnen1 to community policing by eetablilNng a store front opet atlon in • portion of the city wher9 pollc:8 ii ...acaon wllh lhe convnunily is critical to Iha ellctlve r8IOlulion of isW that continue to ariN ever1 with the ctoaure of Stand By P.,.c,nnel. The resulting vacancies in the Oanny M•r Building could then be UHd • offices for the enllre Code Enforcement Untl wilh rippling expansions and ~ in palrol and fire adminlslration. The opportunity to crNla • WOik envlronm9nt in which peer groups such -code enfotcement .... group9d togeaw would g....ay enhance the 9llectivel .... and eflicillncy of the depar1ment. The Spaca UtiliDlllon CommilN met on January 1!5. 1888, ano diaamad the .. of off light 0..-.. apace and fully ea,dorw this '9COfflfflllldlllion. The 814Maaci1'1111 coals Illa Ciltl d wilh INlir'9 hi light .. a fallaw9: LNN 110.00 per IQ&ae fool• S20.000 ~ Tullrwurwa/CAM 11111• 12.45 per...,._ foot• 4,900 ~ Awnge Manll'ltJ Ga & EIKlrtc l230.00 per rnonll = 2,780 NlfUltr O.W. Burglar Alarm (Nliilllte) 135.00 per monlh s 420 Mtllllllf U .S. Weat (tlllmall) $50 per llne(5 Ima) per Monlh e 3.ggp !ID. Thoma E. V•ldalmN. Oiviaion Cmaf Police Operabol1s Division Total• 111,GIOAnnuallJ _ ___.-.'' TOTQL P.112 . ' •. • 0 , ODIIWICS MO. LL SERIES OF 199-i~ • • - BY AUTHORITY WHEREAS, the Englewood Clean, Green and Proud Commission was given the mandate to study a propoaal for mandatory traah collection aervice in 1995; and WHEREAS, the Clean, Green and Proud Commiuion baa studied the iaaue exte1111ively which study includes a citizen survey; and WHEREAS, area buaineues have, for numel"OWI years, complained of illegal use of their dumpatera u collec:tion aites for the public, increuing hauling coeta and litter problems on their premises; and WHEREAS, trash &om residential homes ia not being properly stored or removed; and WHEREAS, trash often accumulates in the alleys where the residential homes in Englewood have alley pick-up; and WHEREAS, accumulated and uncollected traah in alleys ia not only an eyesore but a health and sanitation problem; and WHEREAS, the Clean, Green and Proud Commission'• recommendation to Council ia that Council adopt an ordinance mandatiq residential truh collection by a licensed TRASH hauler; and WHEREAS, thia recommendation of the Clean, Green and Proud CC'mmiuion will protect the health, safety and welfare of the citizens of the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ec;tigp 1. The City Council of the City of Enatewood, Colorado hereby amends Title 15, Chapter 2, of the Enclewood Municipal Code 1985 which aha11 read u follows : -1- • . 11 bi • • 0 I 15-1-1: TRASH : • • • 'l1tASII. JUNK AND SALVAGE DEP1Nffl0N8: For the purpoees of this Cbapt.er the followin( definitions apply: DISCARDED MATERIALS INCLUDING, BUT NOT LIMITED TO HOUSEHOLD WASTES, FURNITURE, CONSTRUCTION SUPPLIES AND MATERIALS, GARDEN, LAWN AND LANDSCAPING SUPPLIES AND WASTES, SCRAP WOOD, METAL, OR OTHER MATERIALS, CLOTHING AND BEDDING. THE TERMS WASTE AND TRASH ARE INTERCHANGEABLE FOR PURPOSES OF THIS ORDINANCE. TRASH HAULING : ANY PERSON, PARTNERSHIP, OR CORPORATION TRANSPORTING TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD. WASTE :: 11-1-1: GBNEBAL RBGULA.TIONS: THE TERMS "WASTE" AND "TRASH" HAVE THE SAME MEANING AND ARE INTERCHANGEABLE FOR PURPOSES OF TIUS ORDINANCE. (SEE ALSO TRASH) A. No penoo aball throw, place or depoait any traab on any public ltrNt, in a public park or place, or in any public building within the City except in traab containen . B . No penon aball throw, place or depoait any traab in any fountain, lake, bay, 1tream or other body of water within the City nor on any oc:c:upied or vacant property within the City. C. No penoo aball affix any poater, notice or like device to attract public attention, to any lamppoat, public utility poat, traffic cootrol device, tree, public ltnacture or building except u may be autboriled by law. D. Every occupant, 1-, or owner of a buain-property ia required to keep the lidewalk -U-t to tbe property or the proportional llbare of common 1id-alk, walkway, mall, or parkinr lot free from truh, ucept u provided in aubeec:tioo 16-2-SE. E . No occupant, 1-, or owner ol real property aball 1wwp into, or depoait in, any ptter, ltrNt, alley or public plKe tbe ucumulation of srau clippiDp, leav•, braacbea or trub from bil or bar buildiat, aidewalk or dri-ay, ncept u provided in IUbNc:tiaD 16-2-31. -2- ,. - . ' •· • 0 I -.-. I • 0 I• • ' F . No driver or passenger of an automobile, motorcycle, bicycle, aircraft, or other vehicle shall throw, place or deposit trash upon any real property or any public street or public area within the City. G. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City unless its contents are covered or loaded to prevent them from being scattered. H. No person shall drive any truck, trailer, small trailer, special mobile equipment or like vehicle into or within the City and in 80 doing scatter or track any mud, dirt, trash, oil or other foreign matter into a public street, alley or other public place. I. No person shall throw or deposit trash within the trash container of another person without that person's e:q>ress ar implie4i consent. 15-2-2: RESIDENTIAL DISTRICT REGULATIONS: A . No person shall store junk out-of-doors. B. No person shall conduct or permit salvage or storage operations or facilities in any residentially zoned area. 15-2-3: PLACEMENT AND REMOVAL OF TBASII: A. ANY ACCUMULATION OF TRASH ON ANY PREMISES, IMPROVED OR UNIMPROVED, WITHIN THE CITY OF ENGLEWOOD IS PROHIBITED AND IS DECLARED TO BE A NUISANCE. A . B . Every occupant or owner or real property ahall remove, or caWM! the removal of, all accwnulationa of trub from such property AND SHALL SUBSCRIBE TO A TRASH REMOVAL SERVICE WITH A LICENSED TRASH HAULER, and, pending the removal, ahall place the same in a trub container kept for that purpoae. Upea w,al, the •-e b Jl 1,e htm1 •••........._fer mpa1alaf•aeh. B . ~e aee•,aM ar a_e, aheal pH,_., within thie Git, b lJ .._ ar plaee fer eaHel!iian aH •aeh .._ell aa the real p: epeAJ • • alltlhaliaal Me fer the mapual af•raeh lft'-a a periN &fN.88 (7).,. ilAar WIIIMiaa. C . All persona ahall store all trash in covered truh containen in such a manner u to prevent it from beins carried or acattered by animala or the element. and to prevent the emiaiOD or nmioua or offeaaive odon. D . All occupants or ownen of real property lball Nt trub containers back at leut five feet (5') from the aide property liw. ... 1anal ••• wiMl • ap..-e ar --MlrHlh ••-· No per.-lball st.ore trub and prbap in the front yud for more than twenty.four (M ) baura prior to a lcheduled collection or pick-up. -3- ----·----- "~ • • • 0 ··-., ,-l-- -• 0 • E. All persons shall place traah containen within the public right-of-way only on regularly scheduled pick-up or collecticm daya and in a manner which will not obstruct vehicular or pedeetrian traffic and eball -aaid traah containers from the public right-of-way not later dum twmty-four (24) hours after the pick-up or collection . F . No person shall engage in the buainNB of ..-avinc or baulinc trub in the City without first obtaininc a liCS18e therefor . l. ,-a, •••••Bfuat.le liee11:ae ahall lse itl811eil 11, the Dilreelar el p; eiel Seffleea •pea -• ,.,_eat af &, e liaH .. ('5.IMll per Miele . PURSUANT TO TITLE 5 OF THIS CODE AND WITHOUT PROVIDING RECYCLING SERVICES AS SUCH SERVICES MAY BE REQUIRED BY THIS CODE. G . MANDATORY TRASH COLLECTION. ALL GARBAGE, TRASH, WASTE AND RUBBISH SHALL BE REMOVED FROM THE PROPERTY OF EACH OWNER OR OCCUPIER OF LAND WITHIN THE CITY OF ENGLEWOOD AT LEAST ONCE A WEEK. Section 2. The City Council of the City of Englewood, Colorado hereby repeals Title 6, Chapter 6, Section 2, and amends Title 15, Chapter 2, with the addition of a new Section 4, entitled Antiscavenging of the Englewood Municipal Code 1985 which shall read as follows : ...... ,\N'l'UIG,~lJBNGING1 It ahall he 1:llllaA'Nl far aa, peNea, ether th8ll a memller ef a 19. effllllelltal peliee 91911e,, wi.atellt .ate penM!llli• af .ate 8Wller ef ree,elahle mMerial, le Mite ree,elahle mMerial whielt hM hem 11i 1111i er liereli h, lhe ewner fer eaHeeti• It, a eeHee41i• er ree, elia1 eeniee, er rema, e an, ree,elelsle ••rial fram a eeaWBer, ltaa, eeHeetli• uehiele, tlepet er e.iter reeeplaele far the WIIIIIIIIMiaa, 8'er111e, er Nie af ree:,elalsle material, Mlll -,ea ee11ilietli• hreef hrll he Nl!,jeet te h p•alti• prwril,eli ill 8eetielt 1 6 1 efh Barie" aetl Mllllieipel Galle . 15-2-4: ANTISCAVENGING: IT SHALL BE UNLAWFUL FOR ANY PERSON, OTHER THAN A MEMBER OF A GOVERNMENTAL POLICE AGENCY, WITHOUT THE PERMISSION OF THE OWNER OF RECYCLABLE MATERIAL, TO TAKE RECYCLABLE MATERIAL WHICH HAS BEEN SET OUT OR STORED BY THE OWNER FOR COLLECTION BY A COLLECTION OR RECYCLING SERVICE; OR REMOVE ANY RECYCLABLE MATERIAL FROM A CONTAINER, BOX. COLLECTION VEHICLE, DEPOT OR OTHER RECEPl'ACLE FOR THE ACCUMULATION, STORAGE, OR SALE OF RECYCLABLE MATERIAL. Section 3. Safety Clauaee The City Council, hereby ftnda, determines, and declares that this Ordinance ia promulpted under the general police power of the City of Englewood, that it ia promulpted for the health, wety, and welfare of the public, and that this Ordinance ia n-,y for the prNe"aticm of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relaticm 1lo the proper legislative object sou,ht to be obtained. -4- ,. - •. •· • 0 ,_ )- • • .. • t~ • ,, Sec;t;im 4. Severahjljty If any claWlt!, sentence, paragraph, or part of this Ordinance or the application thereof to any pel'IIOn or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other pel'IIOns or circumstances. Sec;t;igp 5 JoGPPeilYDt Ordjnancea All other Ordinances or portions thereof inconaistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsiatency or conflict. Sec;tiop 6 Effec:;t of mpgl m: modjficatjop The repeal or modification of any provwon of the Code of the City of Englewood by this Ordinance Bhall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which Bhall have been incurred under auch provwon, and each proviaioo Bhall be treated and held as atill remaining in force for the purpoee11 of 11W1taining any and all prop.-actiou, wits, proceedinp, and proeecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoee of 11W1taining any judgmmt, decree, or order which can or may be rendered, entered, or made in such actioaa, wits, proceedinp, or proeecutions. Sec;t;ion 7. fualty. The Penalty Proviaion ofE .M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and paaaed on first reading on the 15th day of December, 1997. A Public Hearing was held on January 19, 1998. Published as a Bill for an Ordinance on the 19th day of December, 1997. Read by title and paased OD final rudinc on the 2nd day of February, 1998. Published by title u Ordinance No. _, Series of 1997/1998, OD the 6th day of February, 1998. Thomas J . Buma, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk oftbe City al lapewood. Colorado, hereby certify that the above and fcntoial ia a tne copy al the OrdiDaDce puNd OD final readin, and publillbed by title u ~ No . _, Seriea al 1197/1998. -5 - "'~ • ' .. • • 0 - • • •• ICll 1'0. _ OF1998 · ... • • • '· BY AUTHORITY .. COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER WAGGONER @I IC t11• AIJl'IICJallDIG All Dl'l'allOOVIIII , AGREEMENT ENTITLED ·AGREEMENT BETWEEN THE CITY OF ar OOGD MID ... -...ooD BOUBDIO AIJTIIOJUTY.• / WHEREAS, Thia inteipvemmental qreement between the City of Englewood, a Colorado Home Rule Municipality (herein called "City9) and the Enpewoocl BCIIUinc Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of'the State of'Colorado (herein called "EBA•); and WHEREAS, the City and the EBA conaider it to be in their mutual intereat to cooperate in acbimn, bouainf pa1a for Englewood cimena; and WHEREAS, the City and the EBA desire to let forth their rmpective obliptiana, dutiea and powers in relation to acbimn, the houainr aoa1a and plana enumerat.ed bytbe EBA.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectioo 1. Tbe Inteipvemmental Aat-ent entitled ·Apwnent Between The City Of Enpewood And 'l'be Eqlewood Houaiq Autbarity" attacbed hereto u "Emibit 1: ia hereby accepted and appnwed by the .,.__. City Council. Sedim 2. 'lbe City Manapr ii autbarised to eacate and the City a.rt to au.t and -1 the Interpenunental Aar-ent for and CID behalf of the City of Eql-ood, Colorado. Introduced, J'9ad in full, and puNd CID tint readiDf CID the 5th day f1l January, 1998 . -1- ,. -. ' • . . 111tl .. • • 0 I - - • . ~ ·. • <, Publiabed u a Bill for an Ordinance CJD the 9th day al January, 1998. A Public Forwn wu held CJD January 26, 1998 Read by title and puaed CJD final niadiDs CJD the 2nd day al February, 1998. Publiabecl by title u Ordinuce No. _, Seriea al 1998, CJD the 8th day of February, 1998. 'lbomu J. Burna, Mayor ATTEST: Louc:riabia A. Ellia, City Cl.t I, Low:riabia A. Ellia, City Clerk of tbe City at~ Colando, mreby certify that tbe above and foncuinl is • true copy at the OrdinaDce ...... Oil flDal readiq and publiabed by title u OrdiDaDce No. _, Seriea al 1998. . . .. ' , • • • 0 I "'"" '1 I -• • - '· AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY Thia Agreement, entered into tbia _ day of , 199_, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called ·City") and the Englewood Housing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called -EHA·). WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in achieving housing goals for Englewood citizens; and WHEREAS, the City and the EHA desire to aet forth their reepective obligations, duties and powers; SECTION ONE PURPOSE The pmpoae of tbia qreement ia to clarify the relatiomhip between the City of Englewood and the Englewood Housing Authority auch that the parties may eff"ec:t the planning, financing, acquisition, construction, reconstruction, rehabilitation, maintenance, management, and operation of houainc projec:ta pursuant to a multijuriadictional plan to provide affordable housing to Englewood nmdenta. SECTION TWO CITY OBLIGATIONS The City aball haft the followinc l'NpOIIRbilitw, dutiea, md powwa with reapect to the EHA: 1. The Mayor, upon recommendation by the EHA, aball be l"NpCID8ible for the appointment of commiNfonera to the EHA. A. The EHA aball be constituted u follows: i . The EHA ahall conaiat of five commiuionen. ii. A commi.uioner ahall hold office until hia •u-bu been appointed and qualified. iii. A commi.uioner'• term ahall upire five years from the upiration date of the tenm of hialher predeceaore. i V • V acanciea other than by ntUOD at apiration of terma ahall be filled by Mayor, upon recommendation by the EHA, for the unupired term. -J:. X H I B I T 1 . ' •. .. •· • () I "'" ; J- ] • • t• . • ' '· v. The Mayor may remove a commissioner for inefficiency, neglect, or misconduct in office, but only after the commissioner has been given a copy of th~ charges made by the Mayor against him/her and has had an opportunity to be heard in person or by counsel before the Mayor. In the event of the removal of any commissioner, the Mayor shall file in the office of the clerk a record of the proceedinga, together with the cluirgee made against the commissioner and findings thereon. 2. The City, through various departments shall provide the following administrative services: A. The City shall provide payroll services for all EHA funded positions for a monthly fee as established by the city in Attachment A B. The City shall assist, as requested, in the hiring process for EHA positions. C. The City shall provide vehicle maintenance, gasoline and oil for all EHA vehicles, through the City Servicenter for a monthly fee as agreed to by the parties annually, as established by the city in Attachment A D . The City shall provide public liability coverage for the EHA commissioners and staff and the City shall provide EHA employees with medical, dental, and life insurance that is identical to that provided for City employees for a monthly fee as established by the City in Attachment A E. Five additional one (1) year periods for th-f-may be negotiated by the City Manapr or bialber desipee. S . Tbe City 198rV81 the ript to approve or diaappnmt an EHA requeat for fundinc and the uae of in kind Nl'Yices on a year to year buis. 4 . Tbe City shall bill EHA for aervices rendered by the 10th of the month following the date of service. 5 . The City may support-.dditiooal activitiea of the EHA by fundinc, in an amount to be determined by the City Council. Said amount to be appropriated annually . SECTION THREE EHA OBLIGATIONS The EHA shall have the followin, reaponsibilitiea, dutiea, and powers : 1 . The EHA shall be l"NJIC)Dlible for the administration of the public housinc, Section 8, Section 8-Ezistina, and other procrams that may be approved from time to time in the EHA work procram. 2 . EHA will administer city funded pro,rams 1uch u C.D.B.G. and the Project Build procram u approved by the City on a yearly buis. S . The EHA shall funuah mcmthly reparta to the City on the ltatua ofloau, fundinc, and projects on City funded procrams. 2 ,,. - • I • .. • • 0 I -• • • • 4 . On an annual basis, during the City budget process, the EHA shall prepare a request for funding from the City and for the rendering of in kind services and submit these to the City Council for consideration. Said request shall illustrate the manner in which City funds and services will augment the goals and objectives of the EHA and meet City housing goals and objectives for the following year. 5 . On an annual basia, the EHA shall confer with City Council regarding the goals and objectives of the EHA in order to coordinate the housing goals of the EHA and the City. 6 . The EHA may employ other officers, agents, and employees, permanent and temporary, as it may require, and it shall determine their qualifications, duties and compensation. 7. The EHA shall fund all Englewcod Housing Authority Positiona. 8 . The EHA ahall hire its Executive Director, who ahall report directly to and be supervised by the Commissioners for all EHA activities . 9 . The EHA Executive Director ahall attend meetinp u requested by the City Manager. 10. The provisions of articles 10.5 and 47 of Title 11, C.R.S. 1987, as amended, ahall apply to moneys of the EHA. 11 . No EHA commissioner, other officer, any employee, nor any immediate member of the family of any nch .,,.,..;..; .. , officer, or employee shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor aball helahe have any interest, direct or indirect, in any cmitract or proposed contract for materials or services to be fumiahed or uaed in connection with any project. If any commissioner, other officer, or employee of the EHA OWD1 or controls an interest, direct or indirect, in any property included or planned to be included in any project, he/she ahall immediately cliacloN the same in writing to the EHA, and such diaclOIIUre aball be entered upon the minutes of the EHA. Upon such dilclOIIUre, such commissioner, other officer, employee, or immediate family member ahall not participate in any action by the EHA affecting the carrying out of the project planning or the undertaking of the project unleu the EHA determines that, in the light of such personal interest, the participation of auch member in any auch act would not be contrary to the public interest. Willful violation of the proviaions of this section constitutes malfeasance OD the part of a commiuioner, or other officer and ii ,rounds for instant dilmilnl of any employee. The City Council may by ordinance provide for automatic forfeiture of office by a commiuioDer for violation of this section. 12 . The EHA a,rea to pay the City of Eql-ood the fee stated in Attachment A, or any subeequent fee n81Qtiated punuant to this A,reement for the aervices deacribeD therein. Partial paymenta will be made u the work pJ'OINIMN. Said payments will be hued OD llltimates, pnpared by the City, oftbe value of the work parformed. 3 . ' I· • 0 ' !"It , • • • • 13 . EHA shall pay for services rendered by the City by the 30th of the month following receipt of billing described in Section 2, Paragraph 5. SECTION FOUR MISCELLANEOUS 1 . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein. 2. This Agreement is subject to such modifications as may be required by changes in federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. 3 . This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subaequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unleas embodied in a written supplemental contract which has been properly executed. All previous agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA. 4 . To the extent that this Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof ahall not be coutrued as a waiver of any other term, or the same term upon subsequent breach. 5 . It is expressly understood and agreed that enforcement of the terma and conditions of this A,reement, and all rights of action relatinc to such enforcement, shall be strictly reserved to the City and the EHA, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such A,reement. It is the upress intention of the City and the EHA that any person other than the City or the EHA receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 6 . Either party to this Agreement may terminate the A,reement by giving to the other thirty (30) days notice in writinc with or without sood cause shown. Upon delivery of such notice and upon expiration of the thirty (30) day period, all services in connection with the performance of this Apeement ahall lltop . All soon as practicable after receipt of notice of termination, each party shall submit a statement, showing in detail the services performed under the Agreement to the date of termination. 7 . Each party shall promptly pay that proportion of the prescribed chargea which the services actually performed under the A,reement bear to the total services called for under the Apeement, less such payments on account of the charges as have been previously made. 4 . , • ... ., • • 0 ' -• • •~ . -' (, 8 . Each party represents and warrants that it has taken all actiona that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms. 9 . Each party shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and other performance hereunder and make such materials available for inspection by the other party at all reasonable times during the period of the Agreement and three years from the date of acceptance of the Agreement by the City. On request, copies of such records shall be furnished to the City for the City's permanent records. 10. The City of Englewood and the EHA agree that they shall not refuse to hire, discharge, promote or demote or discriminate in any matter of compensation; performance of services or otherwise, against penom otherwise qualified aolely because of race, creed, HK. color, national origin or ancestry. 11. The City of Englewood and the EHA aa well aa the employees and agents of each entity shall be considered for all J>UIPOlle& of the Agreement aa aeparate entities. 12. The City of Englewood and the EHA will establiah safeguards to prohibit their employees, agents, or Hnanta from using tbia Agreement for any purpoae which causes or lends itHlf to create an appearance of impropriety. Said employees, agents or Hnanta shall not seek any personal benefits or private gain for themselves, their families, or others. 13 . Each party agrees that it shall not aaaign or transfer its interest in tbia Agreement without the written coment of the other party. Any unauthorised ... ignment or tramfer shall render tee THIS Agreement null, void and of no effect. H . Any notice to be given hereunder shall be deemed given when Hnt by regiatered or certified mail to the addresses below: Director Englewood Housing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manager City of Englewood 3400 s. Elati St. Englewood, Colorado 80110 15 . Nothin( herein shall be construed aa creating any penooal liability on the part of any officer or apnt of any public body which may be party hereto. 16. Thia Agreement shall be carried out in accordance with the lawa oftbe State of Colorado and all applicable Federal laws and regulations, and all local lawa, ordinances and relUlations . s ,,. - • , •' I· • 0 - - • . " • <. IN WITNESS WHEREOF, the parties hereto have uec:uted this Agreement the day and year firBt above writt.en. ATTEST : Loucriahia A. Ellia, City Clerk ATTEST: Secretary CITY OF ENGLEWOOD, COLORADO Gary Sean, City Manapr ENGLEWOOD ROUSING AUTHORITY • I .. 0 • • 0 t ,,,,. I ]- • • • . . ... ATJ'ACHMENT A COSTS OF SERVICES RENDERED TO THE E.HA BY THE CITY FOR 1998, SUCH AS PAYROLL SERVICES, VEIUCLE MAINTENANCE, GASOLINE, OIL, ETC., AND INSURANCE AND BENEFITS SHALL BE REIMBURSED AT ACTUAL COST. 7 '• 'I • . • • 0 I I A OIIDIIIAlfCS NO. _ SERmS OF 1998 • • • (. BY AUTHORITY .. COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER BRADSHAW All Om>INANCB AUTBOBIZING AN INTBRGOVDNIIBNTAL AGllRJDCBNT ENTITLED "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE aNOLBWOOD ROUSING AUTBOIUTY BBGAIIDING C.D.B.G. P'UMD8" I BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF aR<ll.aWOOD, COLORADO. f WHEREAS, the purpoae of thia intergovernmental agreement ia to clarify the relationship between the City of Englewood and the Englewood Housing Authority with respect to the Community Development Block Grant Program (CDBG) such that the parties may enhance the development of viable urban communities by providing decent housing, a 1uitable living environment and expanding economic opportunities for the citizenl of Englewood; and WHEREAS, required approval, clearance and coordination bu been accomplilhed from and with appropriate funding apnciel; and WHEREAS, the City and the EBA comider it to be in their mutual intmeet to cooperate in the delivery of houaiDc Nfflc:el to En,lewood ciu-; and WHEREAS, the City and the EBA delire to aet forth their rapectiYe obliptian1, dutiel and poww1 with rNpect to CDBG Fundl; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtjg;l 1. The Interpvemmental Agreement entitled ·AOBBBNBNT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLBWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS", attacbed hereto u "EJdlibit l," ia hereby accept.ed and approved by the Eqlewood City Comu::il. Soc;t,jgp 2. The City Manapr ia autborir.ed to aecute and the City Clerk to atteat and aeal the Interpvernmental Agreement for and OD behalf at the City at En,lewood, Colorado. Sgtjg;l s. The attached Inte.ao...:41Dental Acr-ent lball be e&ctiYe llan:b 1, 1998. Introduced, read in full, and pauecl Oil ftnt readin, Oil the 5th day at January, 1998. -1- . ' • 11 bll • • 0 I - - • • . • ' <. Published 88 a Bill for an Ordinanc:e OD the 9th day of January, 1998. A Public Forum wu held OD January 26, 1998 Read by title and palNd OD 8nal readinc OD the 2Dd day al February, 1998. Publiabed by title 88 Ordinance No. __, Seriea of 1998, OD the 6th day of February, 1998. 'nlamu J. Buma, Mayor ATTEST : t I" I, La 1rrl hla A. 8111a, City Ciak aldlll City al......., Colando, bseby oa""11ila& 1M .................. fl a._..., alt;be Otdf CM pwed OD tlDal ...... _. p rtMzlned by tide•~ No.__, S.-al 1918. La ard ¢1 A. B1111 -2- "' . . ' ' " .. • • • 0 I ---I A • • • <. AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS Thia Agreement, entered into thia _ day of 199 _, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called ·City") and the Englewood Houaing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S . 1986 of the State of Colorado (herein called "EHA ·> for the conduct of a Community Development Block Grant Project (herein called ·cDBG") for program year 1998. WHEREAS, required approval, clearance and coordination bu been accomplished from and with appropriate agencies; and WHEREAS , the City and the EHA consider it to be in their mutual interest to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS , the City and the EHA desire to set forth their respective obligations, duties and powers with respect to CDBG Funds; SECTION ONE PURPOSE The purpose of thia agreement ia to c:larify the relatiooahip betwem the City of Englewood and the Englewood Houaing Authority with reapect to the Community Development Block Grant Program such that the parti• may eftilct the development of viable urban communities, by providing decent bounn,, a suitable living environment and expanding economic opportunities for the citisens of Eqlewood. SECTION TWO CITY OBLIGATIONS The City shall have the follcnrinc 1'98p1111Aibilitia, dutiN, and powers with reapect to the EHA under the C .D .B .G. funded procram: 1 . The City, upon request of the EHA, shall decide whether to apply for CBDG funds for EHA projects . 2 . The City shall have ultimate 1uperviaory and adminiltrative rwpcmaibility for the expenditure of the funds allocated for CDBG projecta and project activities . 3 . The City reaerves the right to approve or diaapprove an EHA n,queat for CDBG funding. 4 . The City shall be reapomible for submittinc, to the Arapahoe County's Houainc and Community Development Servicn Diviaion (herein "County"), documentation in the form required by that diviaion which properly and fully identifies the amount of CDBG funds that the City ia requ..tmc at that time. _._.....,.._'' E X R 1 B 1 T 1 .. •· • I • 0 I I ]- • • • 0 • 5 . The City shall pay EHA for administrative services provided by EHA in acquiring and disbursing C .D.B.G. funds for a monthly fee as established by the City in Attachment A. Five additional one (1) year periods for these fees may be negotiated by the City Manager or his/her designee. 6. The City shall not be liable or responsible for cost overnins by the EHA on any CDBG projects or activities. The City shall have no duty or obligation to provide any additional funding to the EHA if its CDBG projects or activities cannot be completed with the funds allocated by the City to the EHA. SECTION THREE EHA OBLIGATIONS The EHA shall have the following responsibilities, duties, and powers with respect to the City and under the CDBG funded programe: 1. The EHA, along with a COBO project propoeal, shall give the City a description of the work to be performed, a budget, and a timetable delineating the length of time needed for each project phase, if applicable, through the completion of the projects. The EHA shall comply with the timetable for completion of the projects. The EHA understands that failure to comply with the timetable may lead to a cancellation of the project and a Joas of all unexpended funds, unless the County determines that there are extenuating c:in:wnstances beyond the EHA's control and that the projects will be completed within a reasonable length of time. The timetable shall begin to run upon the County providing writt.en notification to the City to proceed with the project. 2. An EHA drawdown requeat for COBO funds shall include progreu reports for the period for which payment ia being requested. Drawdowns ahall be done OD a consistent basia correlating with project program. 3 . Quarterly project reporta shall be due within thirty days following the end of each quarter (March 31, June 30, September 30, December 31) until the Project ia completed. 4 . The official annual audit and/or financial statements and the auditor'• management letter, if applicable, for the EHA which includea both revenuee and eKpenditures for the CDBG Projects sha11 be provided to the City annually, not later than June 30th of each year. 5 . The EHA shall be responsible for the expenditure of the funda allocated to the EHA for itl projects or activitiea and for the c:omtruction or performance ol its projects or activitiea in compliance with all applicable Federal lawa and the requirementa of the CDBG Program and any COBG prc,sram ,rantee agreement, to which the city ia a party, a copy of which ia provided to EHA herewith. 6. All CDBG funda that are identified for the EHA'1 apec:i6c projects and activitiea deac:ribed and lilted in the arant qreements ahall be uaed and expended by the EHA only for the projects and activitiN for which the funda are identified . 2 . , I· • 0 • 0 I• • ' <' 7, No projects or activities, nor the amount allocated therefor, may be changed by the EHA without prior approval of the City, All requested changes must be submitted in writing to the City, 8 . The EHA agrees that all funda allocated to it for an approved CDBG project or activity shall be used solely for the purposes approved by the City. Said funda shall not be used for any non-approved purposes, 9 , The EHA agrees that the funda allocated for any approved CDBG projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding, 10, Any project cost overruns shall be the sole responsibility of the EHA. 11. If the EHA's CDBG projects involves construction activities, any contractor -itt IT uses for said activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not less than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen's compensation insurance AS required by Colorado law, Proof of such insurance shall be provided to the EHA. 12. The EHA shall maintain 1t complete recorda documenting ita use of CDBG fwnda and ita superviaion and administration of the Project, The EHA shall provide full acceas to these record8 to the City, the County, the Secretary of HUD or bis designee, the Office of Inspector General, and the General Accounting Office so that compliance with federal laws and regulations may be confirmed. 'Ibe EHA further agrees to provide to the City, and the County upon request, a copy of any audit reporta pertaining to the EHA's financial operations during the term of this agreement, 13. The EHA shall file all report& and other information nec:euary to comply with applicable federal laws and reculatiom aa required by the County and HUD . Thia shall include providinc to the County the information n-.ry to complete annual Grantee Performance Reporta in a timely faahion. 14, 'Ibe EHA shall submit documentation to the City in the form required by the City which properly and fullyidentifi• the amount of CDBG funda which the EHA is requeatinc at that time. 15. All respon.eibilitie1 of the EHA enumerated herein shall be IUllliect to applicable atate ltatut81 and county ordinancee, raolutima, rulea , and n,ulationa. 16. lfit is determined by HUD or other federal qency that the apmditun, in whole or in part, for the EHA'a project or acti'rity waa improper, inappropriate or inelicible for reimbunement, then the EHA shall reimbune the Counl'J to the full extent of the disallowance. 17 , The EHA shall cooault with the City throup the City lbDapr or bis cleaisnee on isauea aff'ectin, the CDBG Procram such aa other annt .......-. prior to ita application for any s uch pro,ram, 18, The EHA Director shall hire EHA employeel inwl-S with the CDBG fwldad proc ram a , 3 " - • . - • • 0 , • • ·, - 19 . All program income derived from the CDBG Rehab Program received by the EHA will be retained by EHA and will be dispersed for its approved CDBG project activities before additional CDBG funds are requested. SECTION FOUR MISCELLANEOUS 1 . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date tint written above and shall continue until this Agreement is terminated as set forth herein. 2 . Thia Agreement is subject to such modifications as may be required by changes in federal or state law, or their implementing regulationa. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. 3 . This Agreement is intended as the complete integration of all undentandinp between the parties. No prior or cont.emporaneous addition, deletion, or other amendment hereto shall have any force or eft'ect whatsoever, unless embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract which has been properly esecuted. All previous CDBG agreements between the City and EBA concerning the CDBG program are void and this Agreement shall govern the relationahip between the City and the ERA for the CDBG PnJsram. 4 . To the extent that this Agreement may be eucuted and performance of the obligations of the parties may be accompliahecl within the intent of the Agreement, the terms of this Agreement are severable, and abould any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof aball not be c:onatrued as a waiver of any other term, or the same term upon aua..ca-t breach. 5 . It is expressly underatood and qreed that enr-t of the terms and conditions of this AgrNment, and all ripta of actian relatin, to IIUch enforcement, shall be strictly ~ to the City and the EBA, and llllthmr contained in this AgrNment shall pve or allow any such claim or ript of action by any other or third person on such Acr-t. It is the upl"N8 intention al the City and the ERA that any penon odaer than the City or the ERA receiviq aervicN or benefits under this AgrNment shall be deemed to be an incidental beneficiary only . 4 . , .. • • 0 - • • • • t , 6. Either party to this Agreement may terminate the Agreement by giving to the other 30 days notice in writing with or without good cause shown. Upon delivery of such notice and upon expiration of the 30 days period, all services in connection with the performance of this Agreement ahall atop. Aa aoon aa practicable after receipt of notice of termination, each party shall submit a statement, showing in detail the services performed under the Agreement to the date of termination. In the event that the Unit of Local Government should withdraw from the County's "Urban County" designation, this agreement shall terminate aa of the termination date of the County's CDBG grant agreement with HUD. Further, this agreement may be IIU8pl!llded or terminated by the City if the EHA materially fails to comply with any term of this agreement. 7 . Each party ahall promptly pay that proportion of the preecribed charpe which the aervicea actually performed under the Agreement bear to the total aervicea called for under the Agreement, leu such payments on account of the charpa which have been previoualy made. 8 . Each party repreaenta and warrants that it baa taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to e:a:ecute this Agreement on behalf of the party and to bind the party to its terms. 9. The City of Englewood and the EHA agree that they ahall not to refuse to hire, discharge, promote or demote or discriminate in any matter of compensation; performance of services or otherwise, against persons otherwise qualified solely because of race, creed, sex, color, national origin or ancestry. 10 The parties agree that they will include in every contract they enter, which relies upon CDBG monies for funding, a non-appropriation clause that will protect the parties to this agreement and the County from any liability or responsibility or any suit which mipt rNUlt from the diacontinuance of CDBG funding for any reason. 11. The City of Eqlewood and the EHA u well u the-.-,-and aa-ta of each entity ahall be couidered aeparate entities for all purpmes m this Ac-ent. 12. The City of Englewood and the EHA will establiab aafecuarda to prohibit their employees, agents, or NrYanta from uaiq this Acr-ent for any purpoN which causes or leoda itaelf to create an appearance m impropriety. Said employees, apnta or aervanta ahall not ..It any pe~ benefits or private gain for themaelves, their familiea, or odlen. 13. Each party agrees that it ahall not usip or transfer ita interest in this Agreement without the written coment of the other party. Any unauthorized assignment or tranafer ahall render this Agreement null, void and of no effect. 5 ,,_ . ' .. ., •· • 0 J - • • • '· H. Any notice to be given hereunder ahall be deemed given when aent by regiatered or certified mail to the ~ below: Director Englewood Houains Authority 3400 s. Elati St. City Manapr City of En,lewood 3400 s. Elati St. Englewood, Colorado 80110 En,lewood, Colorado 80110 15. Notbinc herein aball be coaatrued u Cl'Nting any pel'IODlll liability on the part of uy officer or apnt ol uy public body which may be party hereto. 16. The aar-ent lhall be carried out ill accordaDce with the lawa of the State of Colorado ud all applicable federal lawa ud replatioaa, ud all local laws, ordiDancee ud reculationa. IN WITNESS WHEREOF, the putieB hereto have eucut.ed this Apeement the day and year firllt above written. ATTEST: Louc:rishia A. Ellia, City Clerk ATTEST: Secretary CITY OF ENGLEWOOD, COLORADO Guy Sean, City Manapr ENGLEWOOD HOUSING AUTHORITY CMryl St. Clair, DiNdlDr 6 ' , • . .. • • 0 I ........ , I J - • ~ • " · ... • <. A'M'ACHMENT A C .D.B.G. Annual agreement for payment by the city to the EHA for services rendered by the EHA for adminiatering C.D.B.G. and Project Build for the year 1998. Annual Adminiatrative Coats $171,950.00 Thia amount aball be paid in monthly payments of $14,329.17. 7 -------~ ' "~ . • . ' • • 0 f __ .I ]- ]- • oaDDIAlfCB NO. _ SERIES OF 1998 . ' • • • .. BY AUTHORITY h COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER BRADSHAW Alf 08DINANCB AUTBOBIZING AN INTBBGOVBBNIIBNTAL AGREEMENT ENTITLED ·AGRDMEN'l' Brt"WEEN THE CITY OF aRJl&WOOD AND TD SNGLBWOOD ROUSING AU'l"ROBl'l'Y I REGARDING PROJECT BUILD.• WHEREAS, this intergovernmental apeement between the City of Englewood, a Colorado Home Rule Municipality <herein called "City") and the Englewood Housing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA•) for the conduct of Project Build; and WHEREAS, the City and the EHA c:omider it to be in their mutual interNt to cooperate in the development of underutiliaed property; and WHEREAS, the City and the EHA desire to aet forth their respective obliptiOD11, duti• and powers with respect to Project Build; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtigp 1. The lntei,rovenunental,Ap'llemmt mtitled ·AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING Atrl'HORITY REGARDING PROJECT BUILD, COLORADO: attached hereto u "Exhibit l," is hereby ac:cepted and approved by the Englewood City Council. Sgtigp 2. The City Manaav ia authoriwl to euc:ute and the City Clerk to attellt and aeal the lnteJ,rovernmental Apeement for and OD behalf of the City of Englewood, Colorado. Sgtigp 3 . The attached Intergovernmental Ap'llement lhall be effective March 1, 1998. Introduced, read in full , amended and paued OD tint reading OD the 5th day of January, 1998. Publiahed u amended u a Bill for an Ordinance OD the 9th day of January, 1998. A Public Forum wu held on January 26, 1998 Read by title and puaed on ftnal readint OD the 2nd day al February, 1998. -1- "' -. , • 11 It iv • • 0 l • -• • -<. .. Publilbed by title u Ontinanc:e No. _, Seriee of 1998, OD the 6th day of February, 1998. Tbomu J. Buma, Mayor ATTEST : Louc:rilbia A. Ellia, City Clerk I, Louc:rilbia A. Ellia, City Clerk m tbe City of Enalewood. Colorado, benby certify that the above and foreaaiDS ia a true copy m tbe OrclimDc:e paued on final readiq and publiabed by title u OrdillaDce No. _, Seriel m 1998. -2- -~------__ .-........-.....'"-' .. . .. • • • 0 I .... .,.. . I J - ] • • • t• -' '· EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD This Agreement, entered into this _ day of , 199_, by and between "'~ the City of Englewood, a Colorado Home Rule Municipality <herein called "City") and the Englewood Hol18ing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S . 1986 of the State of Colorado (herein called "EHA •) for the conduct of Project Build. WHEREAS, the Englewood City Council transferred $500,000 from the General Fund in 1991 to the Project Build Fund; and WHEREAS, the money being transferred back to the City General Fund from the Project as the current inventory is sold and shall be used u Council directa; and WHEREAS, the Englewood City Council transferred an additional $500,000 in 1996, of which, $320,000 wu designated for business enhancement.; and WHEREAS, that $320,000 shall be transferred from the Project Build Fund to the General Fund in 1997 leaving aueta of $680,000 in the Project Build Fund; and WHEREAS, the City and the EHA c:onaider it to be in their mutual interest to cooperate in the development of underutilised property within the City; and WHEREAS, the City and the EHA deeire to eet forth their napective obligations, duties and powers with respect to Project Build; SECTION ONE PURPOSE The purpme of this qreemeot ia to clarify the relatiambip between the City of Englewood and the Englewood Houam, Authority with reapect to Project Build IIUCb that the parties may eff'ect an uppwle of City blocb that contain undsutilised propertiel which are not economically feuible to rehabilitate, increue in the percentap of owner occupied structures within the City. SECTION TWO CITY OBLIGATIONS The City shall have the followin( raponaibilitiel, duties, and powwa with respect to the EHA/Project Build: 1 . The City 1hall establish ,uidelin• and bechmaru for upendituree of Project Build funde . Current pale and objectiv• are attached u Attachment B. 2 . The City Council ehall have ultimate eupeniNry and adminiatrative reeponaibility for the upenditun of Project Build funda, includin, deaip and pricinc criteria. . , .. •· • 0 )- • • • • • 3 . The City shall pay EHA for Mministrative services provided by EHA in acquiring and disbursing project build funds for a monthly fee as established by the City on Attachment A 4. Five additional one (1) year periods for these fees may be negotiated by the City Manager of his/her designee. 5 . The City Council reserves the right to approve or disapprove an EHA request for Project Build funds. 6 . Property purchased and sold under this program shall comply with Section 72 of the Home Rule Charter City of Englewood, Colorado. 7 . Upon the sale of an EHA Project Build property, the City shall reimburse the Project Build fund in the amount of the current fair market value of the property leu any portion of the value attributable to upenditures of DOil-Project Build funds for acquisition of, or improvement. to, the property and leu any write down of the coat of the developed property. 8 . The City reserves the ript to perform J>l'Ol"l88 inapec:tiona to ensure that construction proceeda in a timely manner according to plans and specifications. SECTION THREE EHA OBLIGATIONS The EHA shall have the following reaponaibilities, duties, and powen with reapect to the City and Project Build funded pl"CJll'IUD8 : 1. EHA shall adminiater the Project Build Program for the City. The fee for tbia service shall be as stated in Attachment A or any aubaequent fee necotiated pursuant to this Agreement. 2 . The EBA, uainc a Project Build project propoaal, aball identify a property that meeta the program's objectives, a budpt, and a timetable clelineatiq the len,th of time needed for each project. Any auch budpt aball properly and fully identify the amount of Project Build funds that the EHA ia requNtia, at that time . 3 . The EHA shall consult with the City Manapr or bia deaipee on iuUN affecting Project Build, includiq policy iuues and fundinc iaues. The EHA shall furniah project statua reporta to the City Manapr or bia ct.pee on a monthly buia. 4 . No projects, nor the amount allocated therefor, may be cbanpd by the EHA without prior approval of the City. All requested chaDpa must be submitted in writing to the City. 5 . The EHA ac-to insure that the funds allocated for any approved Project Build projects aball be IIUftlcient to complete said projecta without any additional Project Build fundiq. 2 • • 0 , 2 -• • ,~ • ' <. 6 . Once the City approves a Project Build Project, the EHA shall seek proposals from intere11ted contractors. A notice shall be sent to licensed, prequalified builders seeking their interest in offering a proposal for conatruction of said project. 7 . Any contractor that the EHA uses for Project Build activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not less than $100,000 by the c:ootractor and to provide and maintain automobile liability insurance and workmen'• compenaation insurance required by Colorado law. Proof of such insurance shall be furnished to the EHA. 8 . The EHA shall maintain a complete set of books and records documenting its use of Project Build fundl and itl supervision and adminiatration of the Project. The EHA shall provide full acceu to these books and records to the City so that compliance with the Project Build goals may be confirmed. Further, the EHA shall provide to the City, a copy of any audit reports pertaining to the EHA's financial operations during the term of this agreement. 9 . The EHA shall require a purchaser to agree to the following covenanta in the purchase of said property: 10. 11 . A . The City shall have the fint right to purchase the property if offered for sale within three (3) conaecutive years from the date of such Deed. B . Should the Grant.ee ceue to occupy the property u Grantee's residence before the expiration of three (3) comec:utive years from the date of such Deed, the City shall have the right to purcbaae the property at aw:h time that the City learns the property bas been rented or offered for rent. C . If the property ia rented, it shall be prNWDed that damapa are the amount of rent paid and all rent shall be paid to the City. In the evant the City electa to repurchaM the property, the City shall pay the fair market value of the property, u determined by certified appniaal, or the purchue mODey lien amount whichever ia peater. The City shall be under no obliptiOD to ac:tually make the pun:hue or pay the IWDI, uni-formal approval ia made by the City Council. The pun:hue price shall fint be applied to all purchase money liens on the property, then to all other liena on the property and finally to the purchuer. D . Such covenanta shall be effective for a period of three (3) yean from the date of the deed and shall automatically terminate after puaap of aaid time period. The EHA shall market aaid properti• in a manner which will pnerate u many potential bu:,en u pouible. If it ia determined by the City that the apmditure, in whale er in put, for the EHA'1 project wu improper, inappropriate or inelilib&e, then the EHA lhall reimbune the Project Build fund to the full atent of the clilallow-. 3 ------. ,,,_ . , • .. •· • 0 , __ -• • ·, • SECTION FOUR MISCELLANEOUS 1 . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein. 2 . Thia Agreement is subject to such modifications as may be required by changes in Federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. 3 . Thia Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subaequent notation, renewal, addition, deletion, or other amendment hereto ahall have any force or effect unleu embodied in a written supplemental contract which has been properly executed. All previous Project Build agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA for the Project Build Program. 4 . To the extent that this Agreement may be executed and performance of the obligations of the parties may be accompliahed within the intent of this Agreement, the terms of this Agreement are eeverable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure ahall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subaequent breach. 5 . It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be llt:rictly ~ to the City and the EHA, and nothing contained in this Agreement ahall give or allow any such claim or right of action by any other or third penon on such Acr-t. It is the apreu intention of the City and the EHA that any penon other than the City or the EHA receiving services or benefits under this Apeement ahall be deemed to be an incidental beneficiary only. 6 . Either party to the Agreement may terminate the Apeement by giving to the other 30 days notice in writing with or without pod came shown. Upon delivery of such notice and upon upiration of the 30 daya period, all aervices in connection with the performance of this Apeement shall stop. Aa soon as practicable after receipt of notice of termination, each party ahall submit a statement, showing in detail the aervices performed under the Acreement to the date of termination . Further, this agreement may be suapended or terminated by the City if the ERA materially faila to comply with any term of this agreement. 7 . Each party shall promptly pay that proportion al the prmc:ribed cbarpa which the eervices actually perfonned under the Ap.mmt bear to the total Nrvices called for under the A,reement, 1-such payment. on account of the c:barpe as have been previoualy made. 4 . ' •· • 0 , ]- - • • · ... • . ' 8 . Each party represents and warrants that it bu taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undeniped signatory to execute this Agreement on behalf of the party and to bind the party to its terms. 9. 'nle City of Englewood and the EHA agree that they aball not to refuae to hire, diacharge, promote or demote or cliacriminate in any matter of compensation; performance of aervicee or otbenriae, against peraom othenriae qualified eolely becaUlle of race, creed, aex, color, national origin or ancestry. 10. The City al Eap,wood and the EHA aa well aa the employeea and apota of each entity aball be couidaed for all purpoaea this Apeement eeparat.e entitiea. 11 . The City al Englewood and the EHA will establiab ufeguarda to prohibit their employeea, apots, or NrVanta from uaing tbia Agreement for any purpoee which caUBN or lenda itaelfto create an appearance of impropriety. Said employeea, apota or eervanta aball not aeek any pel'IIOl1lli benefits or private pin for tbemaelvea, their familiea, or others. 12. Each party qreea that it ahall not aaaip or transfer ita intereat in tbia Acr-ent without the written -t of the other party. Any unautbariucl aaaignment or transfer aball render tbia Agreem-t null, void and of DO effect. 13. Any notice to be given hereunder ahall be dNmed pv-when NDt by regiat,ered or certified mail to the add,-below: Director Englewood Houaing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manapr City of Enpewood 3400 s. Elati St. Englewood, Colorado 80110 14. Nothing herein aball be coutrued aa c:rNting any .,.._.i liability -the part al any officer or aa-t al any pabtic body which may be party hereto. 15. The acr-t aball be carried out in accordance with tbe laws aftbe State al Colorado and all applicable Federal laws and n,ulatiaaa, and all local laws, ordinancea and recuiati-..· ~-------· ' . ' ' .. • . • , . ' • 0 I -• ,.. . ~ • IN WITNESS WHEREOF, the partiel hereto have eucut.ed this Agreement the day and year fint above written. ATTEST : Loucriabia A. Ellia, City Clerk ATTEST : CITY OF ENGLEWOOD, COLORADO Guy Sean, City llanapr ENGLEWOOD HOUSING AUTHORITY Cber7I St. Clair, DiNc:tor 6 ----~ . , ' .. • • 0 ,___ I • - - • • • ·., • '· .. A'M'ACHMENT A Annual qreemmit for payment by tbe city t.o the EHA for aervic:ee rendered by the EHA for adminiaterins C.D.B.G. IIDd Project Build for the year 1998. Sl71,91iO.OO Thia amount aba1l be paid in mantbly paymenta of Si.&,329.17 . 7 . . . .. •. • . , ' • 0 , I - • • r • t• . • ' "(, ATIACJJMENT B PROJECT BUILD GUIDEIJNES AND BENC1JM68KS 1. Project Build program llhould not develop vacant land. 2. Project Build llhould purcbue and redevelop subetandard, neglected and uninhabitable propertiee. 3 . Project Build llhou1d complete five bau8N per year at 1998 funding levela. "-Project Build funda llboald be uaed for project related upenw IIUCh u real estat.e acquiaition, demolitiOll, arcbitec:ture, conatruction, marketing and customary and usual finance and cloamc coata. 5 . Project Build llhou1d aupport the City Goal of increuing the number of owner- occupied dwellin( unitll in Enpewood. 6 . Except for adminiatrative apenw Mt forth on Attachment A hereto, Project Build funds should not be used for ulary, benefit or other perllOllD81 cmta. 7. City providee fund.a for adminiatration of Project Build. 8. Project Build projec:ta shall be eumpt from feee for building permitll. 9 . ChaDps in Project Build Guidelinee and Benchmarks ahould be in writing. 10. Project Build Guidelinee and Benc:bmarb abould be evaluated annually to det.ermine if revisions are n~. 11. Project Build wlminicaton lbould alert the City ..a-eatimeted per-project lllbaidy aceeda '50,000. 12. Project Build llhou1d support one and two-family dwelliDc coutrudian. 13 . Project Build llhou1d support W~ Houiq Enpwood. A cop:, al the provinOlla of the Workforce RCIU1DI Eqlewood Procram are attacbed bento. 14. The A,reement llha11 be effective Much 1, 1998 . 8 ,,,_ . , ~ • . • • 0 -• • • '· aac>L1fflON NO. '~ f SERIES OF 1998 "fCl A &aOIDl'ION RIIOOIDIBNDDIG ANNUAL l'UNDINO POR AN All'l'8 IN PUBLIC I PLACES PROGRAM FOR THE CITY OF ENGLEWOOD. WHEREAS, at the Oet.ober, 1997 meeting of the Cultural Arta CommiaaiOD the Commiaaion voted and pawl a remmmmdatiml that the City Council establish annual funding for an Arta In Public ~ Prop-am; and WHEREAS, a funding aptiOD of-perc111t of the City'• capital conatrw:tion budpt wu off med u an aample of what other metro c:itiel have adopted; and WHEREAS, tbe Englewood City Council hereby recommenda tbe allocation of - percent < l 'I,) of tbe City of Englewood'• Capital lm.provemmt Budpt far the Ana In Public Places Prorram; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The City Council of the City of Englewood. Colorado benlby .-mend• that all future Council budptl contain annual fundin, far an Arta In Public ~ Protram by allocating l 'I, of the City of Englewood'• Capital Improvement Budpt t.o the Ana in Public Places Procram. ADOPTED AND APPROVED thia 2ad cla:, of Pebruar:,, 1998. ATTEST: Loucriahia A. Ellil, City Clerk I, Loucriahia A. Ellil, City Clerk for the Cit:, of Eqlewoocl. Colorado, bereb:, certify the above ia a true copy of Reaolution No._. Series of 1998. 'I .. • • 0 f --J I • . " • . . COUNCIL COMMUNICATION Date Agendllllam Subfect Resolution recommending Arts in Public February 2, 1998 11 Ci Places Program lnltladBy Slllff9cu'cN Jenell Black, Director of Parks & Recreation Cultural Arts Commission Gary Hwlberg, Recreation Services Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 5 -Series of 1996 Creation of the Cultural Arts Commission RECOMMENDED ACTION The Cultural Arts Commission recommends Council pass a resolution recommending armual funding for an Arts In Public Places Program. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The Cultural Arts Commission has identified the Arts In Public Places Program as one compoi ient of a comprehensive Community Arts Plan. The Commission has reviewed llmllar programs In olher Colorado communities and is recommending an annual budget funding scuce equal to 1 % of General Fund capital projects. Funding to be approved by City Council action through the amual budget process. First year of funding potential-1999. FINANCIAL •PACT 1 % of General Fund capital projects. UST OF ATTACHIIENTS Proposed Resolution ' . • ' ' •. • • 0 • • • COUNCIL COMMUNICATION Date Agendaltem SUblect Transfer funds from the Project February 2, 1998 11 C ii Build Fund to the General Fund lnltlalacl By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved Ordinances 84, 85, and 86, Series of 1997 setting the mill levy, approving the 1998 Budget, and 1998 Appropriations on final reading October 23, 1997. This action supports economic development by moving funds from the Project Build Fund to the General for economic enhancements. A memorandum was sent to City Council on October 15, 1997 regarding the background of this action. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution transferring funds from the Project Build Fund to the General Fund. The sources and uses of funds are : PROJECT BUILD : INPI 9' fumll; Contributed Capital ""of Fynda; Transfers Out GENERAL FUND: INPI of fumll : Transfer In ""of Fu,,.: Fund Balance $320,000 $320,000 $320,000 $320,000 (Expenditures to be appropriated by future supplemental appropriations) The City of Englewood is required by City Charter to tranlfer unencumber9d Midi from one department, office, or agency to arlOlher by City Council action . The City CculCI fflUlt Npal'mlly appropriate the spending of thNe Midi. The allllched rNOlutlon ..,,. compllala wit! the Cily Charter. . ' • • 0 I I - - • . " • (, BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIFIED This is in response to a comment Council Member Habenicht made at the September 15, 1997 Budget Retreat regarding the Project Build Fund. She had mentioned that Council had designated a portion of the funds transf81T8d to Project Build Fund for economic enhancement programs. Susan Clark researched what amount. if any, of the Project Build funds went designated for economic enhancemenls. It appears, from the June 6, 1994 Council minutes, that $320,000 was designated for economic enhancements. Further reeearch concluded that no funds have been used for economic enhancements as designated by Council. The 1998 Budget includes various buslnea enhancement programs adlni liatered by Neighbort,ood and 8uelneea Development staff. Staff would like to proceed wlh acliona lo transfer $320,000 from Project Build to the General Fund to help CCMtr the coat of the ecoilOfflic ......... ament programs. City and Englewood Housing Authority staff met on November 3, 1997 to dlecu88 this action. No alternatives were identified. FINANCIAL IMPACT The transfer will reduce the Project Build Fund's Contributed Capital by $320,000 and Increase the fund balance of the General Fund by $320,000. UST OF ATIACHIIENTS Proposed resolution ' ' . , •. • • 0 I - • • ,, - • • - .. ,1~,, RESOLUTION NO. _ SERIES OF 1998 A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE PROJECT BUILD FUND, TO THE GENERAL FUND. WHEREAS, the City Council of the City of Englewood, Colorado, approved Ordinances No. 84, No. 85 and No. 86, Series of 1997 which eet the mill levy, approved the 1998 Budget and the 1998, appropriations on Oct.ober of 23, 1997; and WHEREAS, the p88ll8p of thia reeolution will mpport economic development by moving funda from the Project Build Fund to the General Fund for economic enhancements within the City; NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedioo 1. 'nle City of Englewood 1998 Bu.dpt ia hereby amended u follOWB: Sourr.e of Pnnde: Contributed Capital Ual qf F11od1· Tranafer Out GENERAL nJND: Sourr.e pf Fnode: Transfer In u-pf Fnnde· Fund Balance (~tune to be appropriat.ed by future aupplemental appropriatiam for buaineN incentive Pl'CJl!'8IDS to be determiDed by the Department of Neipborbood and B~ Development) $3'JD,OOO Sedioo 2 . The City Manqv and the Director of Financial Servicea are hereby authorized to make the above chanpa to the 1998 Bu.dpt al the City of En,lewood. ADOPTED AND APPROVED thia 2nd of February, 1998. ATTEST : Loucriahia A. Ellia, City Clerk . ' .. • • 0 , - - • • C. ·, • .. I, Loucriabia A. Ellia, City Clerk fir tbe City of Enpewood. Colorado, baeby certify the above ia a tzue copy of Reaolutiao No.___, Seriea of 1998. ~--- 6' -. , • ' .. • • 0 - • • • ,,, - 0 I• - --- • v~ ~-- 5 . tf ;/;r/1tt ~ -- lihhh ~ ~ --._rrvr ( --0 h/o-(!)»}L ~~~ - . .., • • • ' . I. . ' • ,,, . ' ' •. 0 I• • . I,' l ----/ 7~S 7,_. --- ~ ./ I - Jt;;, I ,,.-I {., I 1, -~RAc~1'tJ P"~' cl J r-oy ~J>m mA-,, ~/1,..__ J<\1;.A..1 f?:::o TH LA cl , 1' ~ A"'.,...~ ~tU'.ii~~ ~ . . ~ - I. . ' , . -, lrr, . ,, • • • - 0 • f0 ~--==-- • - • I· • --" ' f ,; • - 0 , . • ------JI I. • ' ' • ' . 0 I• • • t --- ----- --~ =-=========== ---- C -- ' ' ')y • ,. - • • • • • • C • . . t,-,. • I , • ,, - -• . 0 :., • I ' . ------ -- --~ @~ -----------------= ~~---:r--==== ----~· --=---=~===== -----------===------=-=== -----===----=== ------==~--~=== ------- --------------~~-==----~---===~=1 ---------------- • 0 - • 1. 2 . 3 . 4. 5. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, FEBRUARY 2, 1998 7:30P.M. ~1/ call to order. Q:~ lnvoca~. (}~ ;j ~t Pledge of Allegiance. ~:~1puP~ Roi Call . 7~ Minutes. Minutes from the Regular City ............. : .,.... ....... ,, .......... ...., ........................ _ ......... .... (Ja-MGl)at ..................................... ,....,... . . • • • 0 1- • • • • ,,,_ 0 • PINN nole: "you tine • dlublllly and need auxiliary alda or wvlcN, plNN nollfy the Cly of Englewood (762-2405) at IN8t 41 hours In advance of when MrVlces .. needed. T'I-* you. ..... - .. I· • C f - • • • ,, - • I• • ' '· a. Appr~ Ordinances on First Reading. :; / Approval of Ordinances on Second Reading. f2).J--f/ij)7_..;;"" Bil No. 2, -• City"""' right-ol-yat ~ ,..._ nala: I ,au hew a dl11IIIIIJ, and llNd-, .._ ••UC a 11, ....... nallr .. CllJ cl •••ood (712•24GI) .......... hours In ..... cl .................... ,_. ,au. --~-......._, .. •· • 0 , __ )- • • • Englewood City Council Agenda (A~ ~ February 2, 1998 _ v {! / 1 c}- Pege 4 c . Resolutions and Motions~-0 / / cJ-3 ~ /lefl: 3(i. Recommendation from the Department of Rnancial Services to adopt a resolution establishing fees for Auto Salvage/Recycled Materials Yards Licenses. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. ~-/-_jJ__ jir:' ii Resolution amending Section 6 of the City Manager's Agreement. /!40:/1-L/J}__~tii Resolution setting the 1998 salary for the City Attorney. · ~ /J-1./__z ji) Resolution setting the 1998 salary for the Municipal Courln· Ju . 11 . Regular Agenda. n t> f · v.;, t I a. Approval of Ordinances on First Reading . ~l-___ iii. ~i-_ iv . 1raovan'VNl1ntal Agreement with lhe unity Development Block 8 j I~ ifi\l;( ~ C 1i PINNnola: lyouhewaC tlllyand,....8lldlaryalda•wrla11,plawnolly .. Cllyfllll ... aood (712-2405) al ....... houn In ..... .,, .................. Tlmlk,-. •· • 0 '-I ]- - • • ·~ • , ' ... ~lewood City Council Agenda February 2, 1998 ,ages Recommendation from the ~ t of Financial Services to adopt a the Project Build Fund to the General Fund 'AFJ~>UAICE:· Frank Gryglewtcz, Director of 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. ~ 13. CKyManaga(sRaport. (!P ~ a . Englewood Center Update. ~ Uf ~ 14. ""'_ -· O(r'"° r ?-d-~-°" -~r ~ ... ~, Tha_m _ _:_~~:=-1-~~ • Englewood Cultural Arts Commission meeting of Oeoember 3, 1997 11 ,~ • Englewood Planning and Zoning Commission meeting of January 6, 1998 i1J--~ • Englewood Liquor Licensing Authority meeting of January 7, 1998 /) PINNnola: .,_..._. •11Hllyandnaed-,ala••J1111, ....... ftllllr .. CllJol ..... •ood (712-MOl}al1Nat41houraln ........................... ,....,... • . .. • • 0 ]- - • • • February 17, 1998 Regular City council Meeting "'~ ' • 0 ' • I ' • .. • • 0 'a2xl