Loading...
HomeMy WebLinkAbout1997-08-18 (Regular) Meeting Agenda- • • • • •, • (NOTE: ORDINANCE NO. 39 WAS PRE-ASSIGN.BO TO COUNCIL POLICY. THIS IT.BM WAS TABL£D AT TH£ JUN£ 2, 1997 MEETING. Council Bill No. 53.) AUGUST 18, 1997 REGULAR CITY COUNCIL M££TING ORDINANCE t r,'68, 69, 70, 71, 72, 73 RESOLUTION f 82, 83, 84, 85, 86, 87, 88, 89, 90, 91 -------~ -- '' • 0 • • • 0 l _ I • • • <. 10 (<)(I). 0. Se,C..loer 1, 1997, Mo)'OI' a.--Ille A.,-11, 1997-..., ... 5, la Ille .. 11ao eldoe 1iup ...... npla,to -·110.00 .. --...................... r..ew ............. suo. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seaioa Auplt II, 1997 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:34 p.m. 2. Invocation The invocation was given by Council Member Wiggins. 3. Pled&e Ill Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present : Absent : A quorum was present . Also present : .S . Miaata Council Members Nabholz, Clapp, Wiggins, Habenicht , Vormittag, Waggoner. Bums None Acting City Manager Eslerly City Attorney Brownan City Clert Ellis Acting DiRCtor Kahln, Public WOlb Assililanl Cil)• Attorney Reid Cindcrdla City Coumd Miller DiRCtor Simpson. Neighborhood and Business Dc,,dopment (a) COUNCIL MEMHR WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF TIIE REGULAR MEETING OF AUGUST 4, 19'7, Ayes : Council Members Nabholz. Vormittag, Wiggins, Habenicht. Waggoner, Clapp, Burns Nays : None Motion carried . 6 . Sc:lleduled Viliton Mayor Bums advised that under Scheduled Visitors tonip1 we ba\'C special prelClllalioQs to four people who participated in the Lakewood Planning Academy . He said ii was bit boaor to Clll forward four al our Planning and Zoning Commissioner's, Billy DouaJas, Krillia Coale. Dave Wdlcr and Carl Welker. Kristin Cottle was not present . •. .. • • 0 -- ]- ] • • • • ... Ea&lewood City Council Atlpll II, 1997 Pacc2 Mayor Bums stated that these individuals have completed a thorough four month course of study in the fundamentals of planning and zoning through the Lakewood Planning Academy. This Academy provides valuable background and insight into the community planning process and equips planning commissioner's with the knowledge necessary to render balanced and thoughtful land use decisions. Mayor Bums said that he and the Council wished to thank them for their panicipation in this clfon and their dedication to the City . He noted that the knowledge they have gained and brought back with them will be of enormous value. not only to the Commission and the Council but to the community. Mayor Bums commented that he had signed up for this too, but his schedule was so bad that he didn't get there enough to graduate. But. he said . there were some very interesting sessions that he was able lo allend. He staled it is an excellent program and perhaps we might think of doing something like this in Englewood one of these days. (a) Mayor Bums offered his congratulations and presented Englewood Planning and Z.Oning Commissioner Billy Douglas. Jr. with a cenificate for his panieipation in the Lakewood Planning Academy. (b) Mayor Bums noted that we will make sure Kristin Collie receives her cenificate for her panicipation in the Lakewood Planning Academy . (c) Mayor Bums offered his congratulations and presented Englewood Planning and Z.Oning Commissioner Dave Weber with a ccnificate for his panicipalion in the Lakewood Planning Academy. (d) Mayor Bums offered his congratulations and presented Englewood Planning and Z.Oning Commissioner Carl Welker with a cenificate for his panieipalion in the Lakewood Planning Academy . Mayor Bums commented that they also recci\'Cd a very nice plaque from the City of' Lakewood upon their graduation and it really was an excellent course. He lhu*ed all the members who anended. (e) Norwood McFarland was noc present as scheduled. (I) Ms. Chris Moc was not present as scheduled . She -scheduled to discuss a building code concern. Council Member Habenicht ach·iscd 5hc "'llS c:oncaaed "'' Ms. Moe . Ms. Hllbcnichl DOied that slie visited with some neighbors and has subsequently visited with Acting City Manager Chuck Eslcrly and he has been responding to that . She ach•ilcd thal Ms. Moc: indialed lhal 5hc would IIOl be a,miag to Council that 5hc fdt that we -IJ)iag to .-II lllrulip all of'lbe oona:ms that they bad . Mayor Bums thanked Ms. Habenicht and IIOled he appn,cialed lhal . 7. N-lledllled Viliton (a) Jim Rees. a business owner in Englewood. 925 West Kenyon Avenue. said he suppons the idea behind Council Bill No . 74 . He noced lie was here a couple of weeks ago with some numbers, which Council wholeheanedly rejected so. he said. lie has more. Mr. Rees stated he would not go through the disscnation on why we should ha\'C this bill . that they ha\'c that in front of them. Council. he noced , has indicated they would like to sec the salaries increased. He stated that the cost or living. or consumer price index. on the $400 that Council now nxci\'CS. that tlie value of that is $809.20. That. he explained. is what it takes lo buy $400 wonh of 1979 goods. So . he said . lie would like 10 sec the numbers doubled so Council can stan out on an even keel. He commented that lie would also like to sec a eos1 of living index or some kind put on this so that rueure Council people do not have to go through this. Mr. Recs advised that the numbers he quoced were from Michael R . Mower, an cconomilil for the legislative council . that he gave him the index numbers lo come up with the $809.20. ' I ,,; • • 0 • • • Enpewood City C1N1acil Aupst 18, 1997 Pacel 8 . Communications, Proclamation• and Appointments 111cre were no communications, proclamations, or appointments . 9 . Public Heari•c No public hearing was scheduled before Council . (a) Approval on Ordinances on First Reading COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE ' CONSENT AGENDA ITEMS 10 (a) (I), (Ii), (Ill), (Iv) ud (v) ON nRST READING. (i) COUNCIL BILL NO . 76 , INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AMENDING TITLE 12 . CHAPTERS . OF THE ENGLEWOOD MUNICIPAL CODE 198S BY THE ADDITION OF A NEW SECTION 9. ENTITLED PROHIBITED DISCHARGES . (ii) COUNCIL BILL NO . 7S. INTRODUCED BY COUNCIL MEMBER VORMITIAG A Bill. FOR AN ORDINANCE At.mK>IUZING AN AMENDMENT 1011IE BENEFICIAL USE FARM -PROGRESSIVE FARMS LEASE FOR A PORTION OF 11IE FARM (LINNEBUR FARM) 10 BE PLACED IN 11IE U.S. DEPAR1MENT OF AGRICUL 11JRE CONSERVATION RESERVE PROGRAM . (iii) COUNCIL BILL NO . IIO , INTRODUCED BY COUNCIL MEMBER VORMITTAG A Bill. FOR AN ORDINANCE At.mK>IUZING A GRANT OF A UTILITY EASEMEJ\rT 10 PUBLIC SERVICE COMPANY OF COLORADO FOR 11IE RELOCATION OF A UTILITY POLE BY 11IE CITY OF ENGLEWOOD. COLORADO. (iv) COUNCIL BILL NO . 79. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AUTHORIZING 11IE PURCHASE OF HOME LUMBER PROPERTY BY THE CITY OF ENGLEWOOD . COLORADO . M COUNCIL BILL NO . 711 . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AMENDING TITLE 2. OF 11IE ENGLEWOOD MUNICIPAL CODE 198S BY 11IE ADDITION OF A NEW CHAPTER IO, EST ABLISHJNG A CODE ENR>RCEMENT ADVISORY COMMITTEE FOR 11IE CITY OF ENGLEWOOD, COLORADO . . , • . • • 0 - Eqlewood City Council Aapst II, 1997 Pq,e4 Vote raults: ·, .. • ... • • Ayes : Council Members Nabholz, Vonniuag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) {i) ON SECOND READING. (i) ORDINANCE NO . 67 , SERIES OF 1997 (COUNCIL BILL NO. 74, INTRODUCED BY COUNCIL MEMBER VORMllT AO) AN ORDINANCE AMENDING TITLE I, CHAPTER 5, SECTION 8, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CITY COUNCIL SALARIES. "' - Mayor Bums commented that he did DOI think they could have an escalator in a council bill for salaries, because you would be raising your salary during your term of office . Council Member Waggoner said he would not think so. City Altorney Brotzman advised lhat is right Council Member Wiggins asked City Altorney Brotzman aboul lhe following example. He commented thal righl now Tom Bums is unopposed. so he mighl conceivably be reelected. Mr. Wiggins noted if Mayor Bums co1nes on Council again and Council comes together wilh lhe lwo new membelS replacing he and Council Member Vonnillag. lhc seven of111em will get logcther and they will pick a Mayor. Council Member Wiggins said lets assume Tom Bums is DOI elected Mayor and lets say Kells Wagoaer is clec:ted Mayor, but he is in his second tcnn. Mr. Wiggins ukcd if Mr . Wagoner will rcceive tbe salary as Mayor as indicated in I his . Council Member Waggoner .. ted ii would be the old salary. Council Member Wiggins questioned whether it would be the old salary or ifhe would move up IO tbe-lillary. City Attorney Brotzman explained that he is DOI being ftldcctcd so it would still be II tbe old salary a Mayor which is SSOO a month right -· Council Member Wiggins 8lkcd. if Tom Burm .ae ndocled as Mayor, ifhe would IUlCive tbe new Mayor's salary. City Attorney Brotzman advited lllal be WOllld receive Ille new salary . Vote remits: Ayes : Council Members Nabllolz. Vonnillag. Habcaicbt, Wagoacr, Clapp, Bums Nays : Council Maaller Wigias (C) Resolutions and Motions COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM It (c) {I) ROM THE CONSENT AGENDA. (ii) COUNCIL MEMHR VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (Ii). CONTRACT WITH C & C SUPPLY IN THE AMOUNT OF $27,461 .75 • FOR THE PURCHASE OF CATCH BASIN GRATES . . ' • . ' .. • • 0 -• • • '· ) \ Englewood City Cooncil August 18, 1997 Page!\ Vote result1: Motion carried. Ayes: Council Members Nabholz, Vormittag. Wiggins. Habenicht, Waggoner. Clapp. Bums Nays: None (i) A resolution declaring Englewood City Council support ofBallot Issue Number IO . the Colorado Transportation Needs Act. which is being circulated for signatures for the November 4. 1997 General Election Ballot was considered. Council Member Clapp stated there just doesn't seem to be enough detail as rar as the bottom line what taxes would be increased. She said it looks like we would be supporting something that would allow the County to create a new tax . Ms. Clapp advised that she wanted the opportunity to vote no on this as she does not reel real comfortable with it. Mayor Bums advised that this is the CTN proposal, which is the, sort or, companion tax issue on the ballot this fall, along with the Guide the Ride Program. Both or them grow out of the Governor's Blue Ribbon Panel on Transportation and they have been discussed al Transit 97. Transit 97, he noted, had a press conforence last week with regard to Guide the Ride but not CTN. CTN had lo get ballots and signatures and it thought ii still had another step to go through . But, he said. CTN is the increase in user recs or various kinds. including a gas tax increase or $.OS. $1 .00 increase on the vehicle registration rec and $100.00 new wheels tax. which fonds highway projects in various parts orthe State including some of the metro area. He noted that both or these items arc on the agenda on the DRCOG Board Meeting on Wednesday night and he didn ·1 know whether Council wanted 10 give him any particular direction with regard to the CTN proposal . Of COUl'IC. he noted. Council passed a proclamation unanimously supporting Guide the Ride, so that is not a problem. CTN. he said, is still being discussed quite widely . He advised that it has been proposed through everyone he has talked to, and Transit 97. that these two not be bundled together for support. They are really being kept separate. He noted he went to the Southeast Transportation Management Organi7Jllion meeting Friday. right after the Arapahoe Mayor's and Manager's Bn:akfast. Three County Commissioner's were at the breakfast and one or them. Polly Page, chaired the Transportation Committee meeting at SETMO and they were all talking about CTN. Guide the Ride . Lakewood Mayor Linda Monon. who chairs Transit 97 and the Mayor's Caucus. was a& the SETMO meeting and giving her pitch for Guide the Ride. Mayor Bums advised thal she also agn,cd that these are scpara&e. they should not be bundled logether. Mayor Bums poilllcd OUI that Council has not had a chance 10 study lhe CTN proposal in a Study Session. which he thought they would do before they would YOIC on II . He said he is not sure whal Cooncil wants him to do as far as the voting on Wcdnelday night at DR COG . He aclmowlcdgc,d ii is an issue of iOIIIC complexity. He said be is 11111 sure whelher Council bas it, bul thal there are IOp questions and -on this propollll thal ~ been iaued by the CTN people. He noted ii is not in lheir packet. bul thal he has ii and he was sure Council would want to see it. He said he •ill have ii copied because ii asks a lot of very pointed questions aboul why these increases are propmed. whal !hey are about. why they clon'I come from the Stale budFI or the General Fund, whal projects are being buill according 10 lhis suggested incn:ase in usen fees . He advised 1ha1 cities and counlieli do shale in this. where lhcy often don '1 al the Stale legislalure. Council Member Wiggins commenled 1lia1 lhey ha,'Cn 'I shared in lhe past. Mayor Bums agreed and advised thal if it comes from lhe S1a1e Legislalure. lhrough the General Fund. lhcy haven '! been allocaling funds for local govemmenl. This proposal does . Council Member Vonninag asked ir he could move lo postpone lhis for IWO weeks . Council Member Wiggins asked if he was tabling ii. Mr. Vom1i11ag commenled lhal if they table it ii is dead . Mayor Bums said he thought thal either way lhey can bring ii back . He advised that he called this morning aboul it because he 1hough1 1hey should al least have a 11ucly session on ii before lhey put it on 1he Couent ' •, I • • 0 - ] C:::11111 • Englewood City Council August 18, 1997 Page6 . ' ~- ,, -• • t• • Agenda. He said, as far as whal Council mighl wanl him lo do Wednesday night, thal he can be neulral if they want him to do 1ha1. Because. he noled. !here arc some pans of 1his he favors and other people, such as Liltlelon Mayor Dennis Reynolds who has questions about it which he has voiced to him and did again at the breakfast on Tuesday. So. he said. the proponenls of these two arc being rather careful to keep them separate, that they arc different issues. Council Member Nabholz Slated she would appreciate. at this point. until they have an opponunity to study it and take a look at it, that they take a neutral position on it. She said she is also concerned that they arc hooking it together. Council Member Habenichl said she would like to ask Acting City Manager Esterly if he would say why our staff' is supponing it . Mr. Esterly explained thal it was a request that came through from the Colorado Municipal League and we actually saw no reason not to suppon it and they were soliciting suppon from around the Stale. Mayor Bums conunenled 1ha1 the Exccu1ive Director of the Municipal League was at the breakfast on Friday and he did give a pitch for lhis. 1l1e lhing lhal the League likes about ii is thal there is local funding that goes with ii. Mayor Bums said lhc memo said the City of Englewood would receive SS.2 million over time. Council questioned whelher the $407,000 figure was an annual figure. Acting City Manager Esterly asked thal Acting Director of Public Works Rick Kahm address thal question. Council Member Habenicht said tlull she lhinks it is imponant to suppon this. She agreed that it is totally, somctl1ing lotally separate. 8111 al lhc sa1ne time. she noted. Englewood has cenainly supponed the Guide the Ride in terms of !he rest of the municipalities thal have helped suppon us with our quest for light rail down the son1hwest corridor. She said she thinks also a lot of the tl1ings that are decided in terms of 1ransi1 for our metro area arc determined by the whole State and lhe State legislature. She opined that all of 1ransponation is imponant for all municipalities. Other municipalilics across the State c:enainly arc being asked to suppon the needs of liS in the metro area. Ms. Habenicht offered the opinion that while lhis may not be a huge boon 10 us in Englewood, or maybe nm the 1UooF51 thing for just the metro area. thal municipalities throughoul the Slate would be advanlqoously IICMld by this ordinance. She pointed out that it is a local control issue of"broad based concern. For that rason. she aatcd. she would suppon ii and recommend that Mayor Burns suppon it at DRCOG and have Council's support of it behind him. Al the same time. she said. she would want to give him the authority, thal if some good strong arguments would come up. that would be reasonable for the him to CIOIIIC back to Council . Mayor Burns could say -1iey now listen "''C came with this support initially. but the dilCUSSion ensued-... and then have it come back to Council . Council Member Habcniehl said she ccnainly wants to sec Englewood being supponive of Olher municipalilies · needs. whenever ii isn't to our disadvantage . And. she nolCld. she does not think this is 10 our disadvanlage and it would c:enainl)' help a lot of other communities IICl"0'5 the Stale. Acting Director Kalnn said. in addressing Council's question on funding. along wilh the request from CML came an estimated schedule of revenues . He advised that Englewood's share would be approximately $407,000 per year for the length of !he program. He said he docsn 't have the packet in front of him. bul that he beliC\'CS ii sunsets in 13 years. Mayor Burns advised lhal ii sunsets in 2010 if the projects arc not completed earlier than that He noted there arc 28 proposed projects selected by COOT and lhe total funding, in this schedule for Englewood. would be SS .2 million over 1hat period of time . Council Member Clapp wallled 10 know iflllC) had any idea how lhis would impact a family unit She asked what lhe percenlage will go up on vehicle registration and whal is lhe new wheels tax. Is ii the purchase of a new car, when you go in and re-register. and whal is lhc percentage 011 that? Ms. Clapp commcnled 1ha1 she has a hard lime supponiug something when she docsn 't have all of that background l .. • • 0 - • Englewood City CCN1ncil Aupst 18, 1997 Page7 (. • • • infonnation. Mayor Bums stated that he thought that was a good point . He noted there is infonnation in the question and answer list . He said it really gives you a lot of answers to those questions, because they arc essentially user fees . The trucking industry tends to be opposed to this because it is a user fee . One of the responses to that that was given Friday to that was .. well if you gel the General Fund to pay for that instead of the truckers. they would go for that ." Mayor Bums advised that a lot of people S11ppon user fees when ii comes to this kind of funding, because then the people who arc actually using the facilities and the roads arc actually paying for them. Tiiat. he noted. is one of the arguments and there is some good material they have passed out on this that Council ccnainly should have. He Slated that he finds himself S11pponing this personally. He opined it is probably a good idea even though there arc some questions about all of the projects. Some of the niaterial says that we got behind on our funding for INlr roads when the economy dipped in the late 80's . When we were in the recession the legislature got behind the curve, so to speak. on highway funding. And this. he noted. is an attempt to try to make some of that up. Council Member Vonnillag asked Acting Director Kahm if there would be a problem if this was postponed for two weeks. Mr. Kahm advised that there is no timing problem at all . In fact , he said, as the Municipal League asked for S11ppon . at that point in time the petitions for signatures to get on the election were still being circulated. So. he noted. we arc not even S11rc it is on tile ballot at this point. Mayor Bums Slated. that as far as the ballot proposal is eonccmcd. there is no problem at all postponing this for Council's study. Acting Director Kahm said. to put it in perspective. presently the City gets approximately a million dollars a year from thc Highway Users Tax Fund . So. he advised . this would go up about 40"/e. it would be that type of increase. COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO POSTPONE AGENDA ITEM IO (c) (i) FOR TWO WEEKS FOR FURTHER STUDY. Council Member Wiggins advised that he goes along with the motion. but for thc meeting Wednesday he staled he would go along with the Mayor supponing it. Mayor Bums asked if that was the C0111C11SUS of Council . Scvcra1 Council members indicated their agreement with Council Member Wigins. Council Member Wiggins said that he agreed with what Council Member Habenicht said. about IDllldhing crucial coming up. Ayes : Nays : Motion carried. 11 . Replar Apda Council Members Nabholz. Vorminag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (a) Approval ofOnlinanccs on First Reading (i) AssiSlant City Anomey Reid presented a rcco1mncndation from the City Anomey 's Office to adopt a bill for an ordinance removing criminal penalties for minor traffic violalions. She advised that currently all municipal onlinancc violations. which includes traff'ic. arc criminal in nature and therefore liave a possible jail sc1uencc as pan of their penalty. Council Bill 77 would recommend removing criminal penalties for some minor traffic violations. which WINlld make them in the nature of a civil issue and a civil penalty. She stated that they feel lllOS1 minor traffic violations arc more easily and elfcctively handled as civil 1na11crs. that the pro1pcct of a jail sentence is not ncccaary for the cnforcc1ncnt of those. Other traffic violations that arc of a more serious nature. such as carclels driving, reckless driving, no proof of inswancc. and those type of oR'CIIICS WINlld remain criminal in nature. She ' • . .. - • • 0 • • • • Englewood City Council Aup1t 111, 1997 Page II •, .. • • • staled they think that the dccriminali1..alion action would eliminate the very detailed criminal procedures that arc attached to anything that has a criminal penalty. such as jury trials, coun appointed counsel. wananl procedures when someone fails to appear in coun . Ms. Reid explained that if Council agrees to decriminalize these types of minor traffic violations. the fines would be collected, not with wanants or threats of jail, but would be collected in a civil type manner. More specifically, she advised. the first line of collection would be to put a hold on their driver's license with the Department of Mocor Vehicles so they would not be able to renew their drivers license until the penalty had been paid. She stated they would envision that this ordinance would go into effect January I, 19911. Mayor Bums noted that there are exceptions for the more serious violations that are not decriminalized. Assistant City AUomey Reid said yes. that would be careless, reckless and no proof of insurance, She advised there is also the issue of ... if there is something that would be say four points or less, other than the careless driving. that an officer tl10Ugh1 was of a more serious nature. due 10 the facts surrounding the incident. they could still charge them in Stale coun. The City Clerk was asked 10 read Council Bill No. 77 by title: COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TITLE I. CHAPTER 4 AND 7 OF 1liE ENGLEWOOD MUNICIPAL CODE 19115 AND BY ADDING A NEW CHAPTER 18 TO TITLE 11. REMOVING CRIMINAL PENALTIES FOR SOME TRAFFIC VIOLATIONS. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 77, ON FIRST READING. Council Member Wiggins noted. on the hold on the dri,•ers license. if they do not pay ii it goes to Motor Vehicle and Motor Vehicle will 1101 renew their license until they make this good . He asked if this stays applicable in the other 49 stales if they do not make it good. or is it only for Colorado. Assistant City Anomey Reid advised ii is just for Colorado. Council Member Wiggins said dam. Ms. Reid explained. after that. if that docs not work then the City has the option of going to a collection agency and collecting ii. as any other civil judgment would be. Council Member Wiggins pointed out that it is not profitable 10 go 10 a collection agency when they skip lo another stale. but at least we got them out of Colorado, which is a gain anyway. Ms. Reid agreed that is a gain. She commented that we don ·1 know for sure. since we haven '1 done it before. what the percentage would be. but that ii is probably about the same as people who have failures to appear and warrants. who also skip the State. Mayor Bums noted . in a dccriminali1.ed system. they still accumulate points under the point system so their driving privilege wall be suspended the same way as they were before. if they have those kinds of violations. Ms. Reid concurred and noted that while the decriminali7.ation ordinance would take away the possibility of six 1non1hs in jail. which is in there now. ii also increases the amount of the fine they could have. if they are multiple offenders . Council Member Wiggins said, back 10 that question Mayor Bums asked. lhal they might be suspended but by the same token Motor Vehicle and the courts do not accept a suspension unless they have been personally served. He asked Ms. Reid if that was right. Ms. Reid said yes and asked if he was talking about . for example. the photo radar issues. Mr. Wiggins said any of these issues in here, if they accumulale enough points 10 gel their license suspended. but in fact they keep moving, all they have to send is a certified lener of their last known address. bul .. Joe violator" jUSI keeps moving, thus he is not served . So when an officer stops 111111 he is under suspension by their records, so he writes under suspension plus NOL . no valid operators license The guy comes 10 coun and you can '1 prolCCUle him for ' . ' 1 .. • • 0 --- • • ,, -• • • · ... b&lewood City Council Auplt 18, 1997 Paze9 under suspension. because he has not been properly SCM:d. He asked if lhat is comet. Assistant City Attorney Reid responded that is true. except we don't do IUlpCIISion in Englewood Municipal Coun anyway. that is County . And they have that problem tccbnically. she said. bccaUlc ii is the problem of the Dcpanmcnl of Motor Vehicles finding them . Council Member Habenicht asked if they don't have a llllpellded lmise and they CIR do lhat. what will happen to them. She said she is just conccmcd that wllll dlis is is if you pay you drive and if you can't pay tbca you doll 't drive . Assistant City Anoracy Reid advillll ac,. dlllt it .alld ao1 c:llaaF that pmticular ~ bccaUlc wben it aJ-. to Sl!lpC'lldiag I *iven ~ dial is iD die pumew of the Depanmcnt of Motor Vchiclc and they an: the ones tbat ....-a it uyway. She lllled dull, whether it is criminal or civil in nature. they still accrue points if they pt a ClDIMClioa iD the Englewood court. If they pt I cooviclion. she said. the court acnds in the notiflCllion of the ClDIMClioa with the points and the points an: logged by Motor Vchiclc IS to how many points they have. Then. she noted. when Motor Vehicle finds they have I certain number of points that would merit I mspcnsion. that is when their procedure. that Council Member Wiggins was talking about. goes into effect . Then they notify them to c:omc in because they are suspending their license. She noted that happens either way, whether ii is criminal or not. Council Member Habenicht asked if these people can pica bargain. Ms. Reid lapoadod ya. She said lei's say for example it was a two point ticket. That is still an~ that is still MNDetbiag that can be doac. She noted wc tllink it would be done in simpler and mon: lffllJDlinad mcdlOII and wc an: hoping to work IOWlrd andhing. poaibly even for a mail-in ticket. But. she noted, at lhis time wc an: IIOt aintcmplating the kind al mail-in ticket like Denver has. which is like if you nail iD tllis tickct you pt two points off and that's it. Ms. Reid advised that the .,._aion dcpaltment al the City feels dull you should still tab into COlllidcration someone's past driving ieconl wben you make any kind of a plea bupin offer . If you give everybody two points off if they mail in their ticut., there is ao credit IMII to good drivers or ao cxtn1 punisluncnt for bad drivers . So. she said. they would eavilioll • dlis poiat lliU looking at cacll violation to sec what it is, to sec what kind al ieconl dlcy cunaidy 111ft Md dctenliac any plea bargain that there migh& be on points baled on that . Motion carried. Ayes: Couacil Melllben Nlllllalz. v......_ w--.111• 11 ·c ... w...-,.aapp,e.r. Nays : None (ii) A l"CQIIIIIIICnda1ion rn1111 die City Atlanley's Office to adapl a bill lilr an onliMIICIC approviag an agrccmcnt with Cindcrmak for uamlcr al ownenhip of Ille Ciaderella City prapcrty -COlllidcrcd . Mayor Bumi noted that the ft~ time Council had this befole tlleln Ibey appn,wed a fcnl of• onllaaacc ud it was aaaaatially chan,ad and Council aid Ille IICXl time Ibey waated Cilldenalk 10 lip ii ftnl. He advilCld that IS al late this afternoon it appears we have a faxed lliglllbn £tam Culdennal al dlllt we have Mike Miller with 111. Michael Miller 111tcc1 that he is actina • Special Counlcl to the City wio rqant to 111c Cillllenuk apea11C111 . He llkcld that they noticlc the tap olthe fax which says 6 :49 lhis fflllliDI Pl!il 1 lfthia tiac. which is why they just RIClcivcd it . He advillCd that the lgreancnt that Council has i• l'1ollt ol dlla. wllidl Ibey ~ in Study Session. ha been signed aow II)· KnMO . He said he allo IINlllc II._ 4 :30 lllil - • • E•&lewood City Council Auplt 18, 1997 Pace 10 '· • " - • • afternoon with a representative from Equitable who also has approved the agreement with two caveats. which he said he will mention to Council . Mr. Miller Slated that the only reason they do not have the Equitable agreement is that the person with signing authority has now retired and Equitable needs to, through their own internal process. deputize somebody with signing authority and that could not occur by this evening. But the representative of Equitable has signed off on the agreement. Mr. Miller said the caveats arc nonsubstantive. He said they have asked. subject to Council's approval, regarding paragraph 3 (c) oflhc agreement, if they will specifically exclude any warranty regarding the parking structure. Mr. Miller commented tbat as Council knows this agrccmcnt contemplates that upon closing there will be a release of any obligation of the parking structwc. He said they do not want to make any wananty as a condition of the parking structwc pursuant to this agrccmcal. He stated that we did not contemplate that there would be any warranty as to the parking structwc. The ICICOlld item that they want is in paragraph 5.1 (c) dealing with their warranties. He advised there is a provision that says if any event tnullpircs after the agreement is signed. wbich would render the warranty no longer accurate, that they would have an opportunity to cure that. He said they want a similar rigbt if a warranty is currently not accurate, that before the City would pursue a claim they would notify them and give them an opponunity to com:ct the error before they were liable. Mr. Miller said he thought that was tile intent of tlic agreement, but the way it was drafted, on reflection. they felt that it needed to be clarified. The last item, he advised, in paragraph 11 .11 , there is a definition of knowledge. He noted that there arc many provisions in the agrccnicnt that say that they arc representing to us to the best of their knowledge. He advised they would like to limit that knowledge to the knowledge of Greg Moore as the representative of Cindennak. The reason being, he explained, is that this project has existed for over 30 years he would guess. People have come and gone and they do not want to be charged with the knowledge of somebody who may have been here 20 years ago. Coincidentally, he said, Greg Moore did run this project when he was in Denver before he was transferred to Atlanta. So probably, he pointed out, the person currently having the most knowledge of this project is. indeed. Greg Moore. So again. Mr. Miller said, he docs not believe that is a significant change. He pointed out that all of our dealings have been with Mr. Moore on behalf of Cindennak. So. he noted. there arc those three caveats. the signature from Kravco, and he said he has an assurance from Equitable that the agn:cmcnt will be signed as pn:scntcd with those three clarifications. Mr. Miller stated there arc two other items he needed to point out to Council. This agn:cmcnt, he said. is being prcacnted to Couacil with the understanding that tlicrc will also be an agrccmcnt rcprding die Selby panzl . It is their undcnlancling that the City will agree to the IIUblease . Indeed. he said. we have prcpucd and wc have an agn,cmcn1 on thal IUblcasc . Tbey have asked for a c::ouplc of CMIIICI, be advised, wbicb arc aiasillcnl with lbc City's undenlanding. In csscnce there will be a IUblclllc for the remaining ICna of the Selby panzl and they will have the right to tcnninate it on six months prior aaticc after lbc first year. If lllcy should tcrmillllC it. ti-the Cily ~ have the right of aindcmnation or they -.Id be back to w11crc they arc --Mr . Miller staled that they want to tnakc certain that lbc City doesn't tennillllC 111M ap C as a aetlllodtJlog)< of c:in:uawcntiDg the lcalc and attcmptiag to lbcll Clllldemn them. Mr . Miller advilcd tllat tllat -coMiltcac with the City's understanding • be did not bcl~ tbat -.Id be a pniblan. He aid lie didll 't WIIIIC IO ID into the sublease but he jlllt Wlntad Council to appn,ciaCe lbc fact IUI Ille agreaacal lO transfer Ille CillClcnnak property carries with ii the understanding that WC will allo ~ an agn:cment on the ~ panzl. Which is something the City has been anxious to obtain for - time. so. be noted. d llhould be CDIIIIIICllt with the City's undcrstancling . The last thing that he wanted to briag to Council' 1 altcatioa. lie aid. 11 •'hy Ibis came al the hour it --He advised there is a di9CUllion currently png OIi ..-the partners tllcmlcM:s. lhal docs not impact the City, with rcpnl to the financial obliption of C111dennak ulldcr Ibis 1111: : C I . Mr. Miller stated that lbc individual partners want to be utisflCd ha tllClr ~ .... NM ,.., lie docs iD fact UYC I lludlc OD wbat their obliplion and .--..S aiC He II ....-... .. die dclail of 111M ....... Mr. Miller advised 111M they arc not uking for..,..._. f-die C11y al dill,....• tllcR 11 • .-rul ..ncr,.... oa bctwccn them. He said his_... .. ..., die CII) Wllllld --• -+N•III ~--.. die agreement is othcrwiac acocpc#e, II -ID....-die+ MIi p;aeac it to tllca a.id ay this is the basis that the CII) will alXlClpl • Hr laid lie IMIIU M IIM'C Pli1 tllea iD a pCllitioa wllcrc lllcy .. • • 0 - En&lewood City Cooncil Aupll 18, 1997 Paie II '· • ,.. • • \. will no longer be able 10 come back 10 us as they have for what is now three years. So, he said. his recommendation is that the City adopt the agreement that ii has in front of ii , with the three clarifications that he mentioned which, he said. he does not believe are substantive. He said he thinks they are clean-up items. Council Member Habenicht asked if they could have a subsequent, son of a mutual. equitable, agreement on that 11 .11 Knowledge, limiting the knowledge to that of this Council. Mr. Miller said in other words the knowledge of the City would be limited 10 the knowledge that anyone currently serving on the Council has. Ms. Habenicht said yes. Mr. Miller said that is fine . Ms . Habenicht said when she asked about her concerns before, what she was trying to expn:ss. thal she thought that was the same sense she had. Obviously, she noted, they had the same kind offceling she had and maybe ii could just be mutual. She said what she is saying is that she underslands their thinking. Mayor Burns commented that they might do that, but that he wouldn '1 be a bit surprised, as a public entity. that that is not going 10 hold up in coun if challenged. Council Member Waggoner said ii seems like that is what ii says anyway. City Attorney Brotzman staled it is pretty close 10 that anyway. Council Member Vorminag noted this is Council Bill No. 52 Introduced by Council Member Waggoner. He asked City Anorncy Brotzman ir this is a second reading or a first reading. Mr. Brotzman advised that this is a first reading as amended. CCMlncil Member Waggoner asked Mr. Miller if he was satisfied that Ilic changes in this particular draft satisfy the concerns that they had over hazardous material and the timelines that we had established. Mr . Miller said yes, that there is a provision that Cindcrmak or its contractor is obligated to sign the manifest, they have agreed to that and ii is now included in the agreement. Mr. Miller stated that they contemplate that the contract with the contractor will have a liquidated damage provision and will be bonded. He advised they do not have the agreement in front of them. 8111 , he pointed out. Council will have an opponunily lo approve that contract . Council Member Waggoner pointed out that Mr. Miller was concerned with that other major paragraph in there on the timing and obligations of each pany and he was going to change all that. Mr. Miller advised that has been changed and. for reasons that will become apparent as time goes forwud. he thought the timing was going lo work out as they contemplalc:d. He said he does not think that is going to be a problem . The City Cler1' was asked to rad Council Bill No . 52 by title : COUNCIL BILL NO. 52. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AIJTlK)RJZJNG A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND 11fE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) • COUNCIL BILL NO. !12, WITH CLARlnCA TIONS, ON nRST READING. Council Member Waggoner said he thought it would be good to lee the public know that it was not Englewood or the Council that has been holding up the project . that it has been the process with Cindermak and that side of the bargaining table rather than the City. He commented that he knows they have been criticized for taking so long lo come to some type of an action with Cinderella City and he thought now ii 's time that we can move forward since we are getting this close. . ' .. • • 0 J - • • • • <' Ea&kwood City Couacil Auplll ll, 1997 Pqell Mayor Bums said that is a good point and that he agreed . He acknowledged this project has gone on for a long time, but we are receiving title to propeny plus the money to remediate it from Cindennak, instead of condemning it and having to pay several million dollars for the property as a City. So even though it has taken lime. he opined that we have gOCten a pretty good deal out of it. Council Member Waggoner called for the question. Vate..-hs: Motion carried. Ayes : Council Members Nabholz. Vonnittag, Wiggins, Habenicht, Waggoner. Clapp. Bums Nays: None Mayor Bums commented that was unanimous approval and he offered congratulations to everyone involved. In response to Council Member Vonnittag. City Attorney Brotzman advised that second reading is September 2nd . (b) Approval of Ordinances on Second Reading 'There were no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (c) Resolutions and Mocions (i) Director Simpson presented a recommendation from the Depsrtment of Neighborhood and Business Development 10 accept. by motion. the services of the Center for Regional and Neighborhood Action (CRNA) and Compass RPI to assisl with the evaluation of transit oriealed de\dopment at Cinderella City. He advised that, as a priority item with the City of Englewood. Rdevelopment of Cinderella City needs to move forward. It was. after much consideration he said. a City Council issue to enpae tbe services of Compass RPI and CRNA to IISist the City of Englewood in - decision making on the planning and development of this panicular parcel. He lilalCd. to that end, since they are a volunteer organiution. staff is requesting City Council make a motion to aa:icpt the services of Compass RPI and CRNA and to easun: City Council and ufl' participation in this decision making procell. COUNCIL MEMaEa VOllMl1TAG MOVED, AND IT WAS SECONDED, TO ACCEPT TIU SERVICES OF THIE C'ENTEa FOR REGIONAL AND NEIGHIIORHOOD ACTION AND COMPASS RPI TO ASSIST WITH THIE EVALUATION OF TRANSIT ORIENTED DEVELOPMENT AT CINDERELLA CITY. Motion carried. Ayes: Council Members Nabholz.. Vonnittag, Wiggins, Habenicht, Waggoner. Clapp. Bums Nays: Notte 12. General DIICIIIINIII (a) Mayor's Choice > I .. ., • • 0 - - • • f.n&lcwood City Council Auplt 18, 1997 Pace ll • • , . • I . Mayor Bums mentioned that he has been out getting signatures on a nomination petition for reelection and has been to a lot of homes in Englewood in his District. He said he has been amazed at how patient the public is with us on Cindcn:lla City and things like that and noted it comes up constantly in COll\'Cnlltions that people an: just excited about moving ahead with ii. He said he told them this last weelicnd that we would probably have a signed contract tonight. that he was hoping we would and we bftoc . Mayor Bums staled he is very pleased about that. He advised that he gets a lot of questions about water quality, taste and odor problems and clouding. And, he noted. when he talks 10 young mothers who draw a bath for their childn:n in the evening and they look al the water and say "no, I don 'I think we an: ping to do that tonight" ii c:onccms him greatly. He said he would like to sec us 1novc forwanl as much • pcmiblc on water quality. He said he also n:ccivcd questions on the Concrete Utility, but that he thinks that is being pretty well nx:eivcd. 2. Mayor Bums staled he did enjoy the Tent Talk last week at Cushing Park . He noted we an: at Cushing Park a lot . He said he noticed the Chamber is having a picnic at Cushing Park Tbunday night and tbc City Employee annual picnic is the next day on Friday at Cushing Park . He invited everyone who can, 10 participate in those events. 3 . Mayor Bums congratulated everybody and staff on the Cinderella City agn:cment. He said he really feels we can move ahead 0111his now, that he is very anxious 10 sec how their work with Compass RPI and CRNA turns out . He commented we can do special things with that development and n:ach a consensus and move ahead 011 ii . So. he said. he is very pleased. (b) Council Member's Choice {i) Council Member Nabholz: I . She said she would like to possibly meet with SIU Fonda. She advised that Aurora is doing a thing to help bolster community awareness of water conservation, when: they tour up into Leadville and show where their water originates. She suggested ii was IOIIIClhing we might want to think about cbedting into. 10 inform the citizens why changes COIi . 2 . She stated she appreciated the kick off for Guide the Ride program last Tuesday morning. She said she thought that was a nicc event. 3 . She advised tbal Tent Talk was I great 1UCCC11 ud lhe tllulled Neipboltload Md Bu1ima Deo.dopmenl ror Iha&. 4. She said lhe .-aid lillc IO reqllCll an updlled llillory OIi tbc -.icxa ia tbc 3000 blodl ol Sa.Ill Ddlwarc in the Dartmouth duplex. 5 . She advised she got a phone call just as she was leaving tonighl from I lady who has maplaiNS at 692 Eall Amhenc Place. She said she would like 10 ,et the history on policc COlllacts tbcft ud if tliey have I liccnsc for I potbellied pig. 6 . She thanked the Cultural Ans Commission for all ol their hard work. {ii) Council Member Vonai111&: 1. He advised that he attended a mectina with the Cultural AIU ..,..ac ... Friday, Ille kic:t oil o1 the~ 2003 . He noted that even thouah he will be otrolCounr:il by Ihm, he would lillc 10 work wi11t . , • . .. • • 0 - • En&lcwood City Council August 18, 1997 Page 14 ·, • • • ... them maybe down the road. to be involved with that. He opined that will be a really succ::cssful item, probably an all year celebration. He said he is looking forward 10 working wilh 1hem on that . 2. He thanked Mr. Miller for the fine work he has done on Ibis amlract with Cinderella City . He said he knows he has pul a lot of time and effon inlo it and he just wanled Mr. Miller to know we appreciate it. He thanked Mr. Miller. 3 . He said he would like to talk to Bob Simpson about getting involved with the Compass people too. He stated he is really looking forward 10 working with them and ii will probably be one of the last projeas he docs will• the City . (iii) Council Member Wiggins: ,. - I . He asked City Attorney Broczman if wc have any ordinance that limits the siz.c and the number of satellite dishes a resident can have in the City . Mr. Brot1.ma11 advised that wc do currently and we also have a moratorium on larger ones. He stated that issue is going to be going to Planning and Zoning and then ooming back to Council . Mr. Wiggins asked who he should talk to aboul this. City Attorney Brotzman referred him to Harold Stitt . 2. He stated that he thinks Code Enforcement needs to check around General Iron Works for weeds. He noted from the sidewalk 10 their fence has prolific growth and ii needs lo be brought up to standard. Acting Director Esterly stated they will get on ii . (iv) Council Member Clapp: I . She advised that she has been working with a lot of different people on a possible food and clothing drive. She noted there seems to be a real need for food and clothing. especially with the welfare refonn. It is not that we are na:essarily in a huge crisis. but she docs sec there is a need out there to assist people from falling on the system al this point in time. getting sucked back into it . She noted mostly women and children are going out there and trying to make it on their own. Ms . Clapp advised that she spoke to one of the County Commissioners. Commissioner Brackney. and asked him if this was a real oonccm and a real need . He was \'Cry excited about the prospect and said absolutely. it is a very real need and he would wholeheancdly suppon something of that nature. So. Ms. Clapp said. she took it UOlhcr 11ep and spoke to Molly Marquette one of the social services employees over there. They bounced this idea back and fonh and decided if they could get municipalities behind iL not necessarily to do all the work. she said she didn't walll to give them the wrong idea. but just to embrace the idea and give it DIie public suppon if you will . Ma)ile. she said. with • litlle bit ol PR out there we could do a lot or poutive things. Council Member Clapp advised that she would be willing lo work on this. to do letter writing, to mcel with people on it. try to explain what we are doing with other municipalities. that type of thing. Really. she noted. Molly Marquette indicated that they 1nay be willing to help in the way of truck pick up. those types of things. Ms. Clapp stated she has a list of details we would need to work out. She advised that one would be a nonprofit orga11i1.a1ion where we oould store and distribute food and clothing from . Drop off sites. maybe oompanies such as King Soopers and Safeway. Ms. Clapp pointed out that she has not approached any of these people. that she is ooming to Council first for some suppon . She noted they had talked about media coverage. She brought up the issue of a theme. She said if we could coordinate these efforts through municipalities and oounties that she felt ii would be imponant to have a real positive theme. maybe Hand in Hand type of Iheme . Ms. Clapp advised that she would be asking Council to suppon a proclama1io11 for the month of Oclobcr. She said they really thought October would be the bell month to do this. She noted they have to have a little time to prepare for it and gel things organi:zcd and they didn 't want it to fall within the holiday season. She opined that people gel so bogpd down within the holiday season that it is really hard to make something like this effective. Ms . Clapp noted that is the ' . ' .. • • 0 Eapwood City Council A•pll 11, 1997 Page l!I ·, • • • <. time frame and those arc pretty much the details that we have yel to work out . She reiterated then: is a need out there and she would be willing to do most of the work . Mayor Bums noted that is really quite a proposal. He mentioned thal John Brackney was at the breakfast on Friday and talked about this and generally the implementation of welfare reform is one of the biggest challenges that the Counly Commissioners have at the moment. He noted they have had a drop in the rolls. he thought. anticipating welfare reform. but as you get down in the sys1em you will get down to that harder core group that is the toughell portion of the people that need to be ,q,ositioned . And if, he DOied, you have a limited amount of time that you can be on welfare they aJU1d have some real needs before this is over . He commented that that ties right i11to that type of thing. Council Member Clapp opined that our County Commissioners had a really tough job with the welfaR rdorm and C\'Cl)'lhing dse that was on their plate recently . She said this would be a nice way to support their efforts and what they arc doing and try to make it a sua:ess. really get behind what they arc doing and try to assill people . Mayor Bums said indeed. as he n:called, Joh11 Brackney was asking for suppon from the municipalities. Because it really is quite an undertaking to make this change. Council Member Waggoner pointed out that we participate in the Inter Faith Task Force. He asked how they enter into this arrangemc111. He said he understands that is a toe of what they do, assists families in need . Mayor Bums said that they do . Council Member Clapp advised that she toured Inter Faith and that she knows they were just 011 thc edge of doing some food drives and cloching drives. that type of thing. She said she doesn't koow if they have and when she toured the shelves were almost bare. Ms. Clapp stated she doesn 't want to strike panic in an)tlody, because they were on the verge of doing some things and that may not be the case today. Ms. Clapp opined that whal we need to rccogni:ze is that the need is increasing and certainly it is not a huge crisis. but there is an inclaacd need and we need to do our share. Especially, she pointed out. in consideration of the fact that we utili:ze 60% of what they take in. al Inter Faith, here in Englewood . Council Member Habenicht said she thought it was appropriate when a Council member has an inlCRII in an issue that helps pull us together and wants to work on that . She said she didn't think Ms. Clapp was talking about major staff resources. She asked Ms. Clapp if that was true, that she was talking about jllll primarily that she will be doing this and working in cooperation with ocher cities and maybe -stafl' support. Council Member Clapp advised she would ask for some staff assillancc, posaibly liom Pauletta Puncen:lli, as she feels she could oiler quite a bit of her communication skills and PR skills to this. But. she said. she certainly would IIOI want to monopoli:ze her time. Council Member Habenicht asked Council Member Clapp if this is somcchiag she would aec ~ag through with other cities like bringing to the Tri-Cities group . Ms. Clapp said )'Cl. definitely. Mayor Bums asked Council Member Clapp if she wanted a COIIICl18& flOIII Council al tlais poilll. if that was kind of what she was looking for . Ms. Clapp advised she fdt she ablolutcly would need -..elhing like thal to prooccd . Council Member Nabhol z advised that she would also like to lend her suppon and noted that is a big undertaking. She said she lends her support because she has a very diYCIIC dillrid where she really 1ee1 the need. Council Member Waggoner llaled tltat he personally does not have a prab1cm with it either, bul dill he would like to aec it coordinated with Inter Faith. to 11>mc CXICIII, since we pll1icipMe witll laler Faidl. ' . .. ... • • 0 ]- En&lewood City Cooncil Augulll 18, 1997 Page 16 • • • ' Mayor Bums noted it sounds like what Ms . Clapp is talking about is son of a sustaining type of supply, that Inter Faith tends to do more of crisis management . Council Member Waggoner advised that he knows Inter Faith has a food drive every year, because the Englewood Rotary Club participates in it. Council Member Clapp advised that we would have to have a nonprofit assist us with this, there is no doubt of that, it is just that she hasn't approached anybody so she would hate to commit anyone. Council Member Vonnittag asked Acting City Manager Esterly if he could see a problem with Pauletta Puncerelli helping her out . Mr. Esterl y said he was not sure he was comfonable committing Ms. Puncerelli to the work on this tonight. He advised he is comfonable oommitting to provide staff suppon to get things done and we will have to sec which direction this heads. He pointed 001 that social services type issues are not an issue that we here in the City of Englewood are routinely involved in . Council Member Clapp said okay. that that is fair enough . Mayor Bums told Ms . Clapp that he thought she had a consensus of support and we will see where it l(ICS from here. Council Member Vonnittag asked Ms. Clapp if she wanled to work on Che proclamation for October. Council Member Clapp advised lhal she will work Oil a proclamalion for the month of Occober 10 kind of gear up for Chis and get Che word ouc . so people know ics coming around . Council Member Vonnittag wished Ms . Clapp good luck . Council Member Habcnichl said she just wanted lo clarify Iliac Ms. Clapp would be working with County Commissioners and oeher represencatives pulling logcther and son of helping 10 be one of the catalysts to make chis happen. And, sbe continued. Council Member Clapp would work with Che City of Englewood as Englewood 's represcntalive. not looking coward us becoming social services to supplanl her, to do anything. to pick up any kind of financial thing thal the Slale or Federal is giving away, bul jUSI u a way to help muster suppon for the volunlccr sector and Che nonprofil sector. Council Member Clapp said that if anything like thac came aboul she would certainly bring that back 10 Council . Bue. she said. she docs not sec thal need righl now . She opined 1lia1 whal they are looking for right now is suppon and YOIWIICCn and some organi7Jllion in this cffon . 2. She advised chat she and Council Member Habenicht had a meeting with Dan Brauman 111d BaJb Fout last week . She noted 1ha1 really some wonderful . wonderful sugcstioas came OUl of Iha! meeting. One was 1lia1 basically 1ha1 we really need an education process for our bauds 111d commiaions . She opined thac we really haven '1 gone out to our boards and ~ visilod witll them or Fl1CII them all together. Council Member Habenicht added wc haven't gonen lCJFllier for aa informalion process . Ms . Clapp advised they would like 10 bring something like thal as a propmal to Council. She asked Ms. Habenicht if they were ready to do that. Council Member Haheaichl said she thought ii - good lo ICI Council know ahead of time Chai ii is coming and ma)i>c working with Dan Brotzman . She noted ii son of dovetails a little bic on the repon we got from the Culcural Ans Commission 100, about looking 11 the facl tliat there really isn 't anything standard that wc really ha\'C in place. Council Member Clapp said we don '1 have an orientation in place . Ms . Habenicht agn:cd thal was the term they used . (v) Council Member Waggoner advised that quite a few ycan ago u pan of a class project. he thought it was Mike Woika with the Utilities Depanment. had studied looking into a bottled water program . He s.-iid he was not sure wliat he came up with as far as numbers, but thal he bappcocd to be reading Water Weck for this month and it had a nice aniclc in there about 1norc municipalitia considering boelled plant water. He noled it talks about several of the cities gcttina into the process of producing bottled plant water with a little extra work at the plant. He said that might get us around IOIIIC . ' • • 0 - • Englewood City Council August 18, 1997 Pa&e 17 <. • ,.. • •• of the taste and odor problems that we have. Mr. Waggoner opined that it might be time to brush off the report that Mike Woika did and maybe take another look at what the cost would be to get into a process like that, rather than everybody buying bottled water at Safeway or somewhere else, maybe we would provide it on our own through our plant. In response to Council Member Habenicht, Mr. Waggoner said a lot of those cities BR marketing it as a special name. Mayor Burns commented that many ~ showed him their bottled water. but that is because they didn't like our water. Council Member Waggoner said this might get around something like that, that maybe we could sell our own water. 13 . City Mua,:er'a Report Acting City Manager Esterly did DOI have any matters to bring before Council. 14 . City Attoney'a Report (a) City Attorney Broczman advised that he did DOI need to appoint outside counsel al this time. However. he requested that Council appoint an albitrator for an impasse with the Firefighters' contract . He stated they should have three names that were submitted to Council by Martin Semple. our labor counsel. as well as the Fin:fightcrs' union counsel. He asked that Council select one o( those names . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPOINT DAVID VAUGHN AS COUNCIL'S CHOICE or ARBITRATOR. Ayes: Council Members Nabholz. Vorrnittag, Wiggins, Habenicht. Waggoner. Clapp. Burns Nays : None Motion carried. (b) City Allomcy Brotzman recommended Council go into EllCQltive Session immediately following the regular City Council meeting to dircuss a real Cllllle matter. COUNCIL MEMaER VORMITTAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECtJTIVE SESSION IMMEDIATELY POU.OWING 111E REGULAR CITY COUNCIL MEETING TO DISCUSS A REAL ESTA TE MATTE._ Ayes: Council Members Nabholz. Vormittag. Habenicht. Waggoner. Clapp. Burns Nays: Council Member Wiggins Motion carried . IS . Adjollraant ' , .. • • 0 • ~- ' ]-• . • .. · ... • . <. - • • • • 0 - - ' • . , . • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 18, 1997 7:30 P.M. 1. Call to order. '7:jl/J~ 2. Invocation. /I)~ 3. Pledge of Allegiance. ~ 4. RollCall. f/ ~ 5. Minutes. dfP8 '7-{)!· Minutes from the Regular City Council meeting of August 4, 1997.W~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) 7. 8. a . b. c. d. e . f . Englewood Planning and Zoning Commissioner Billy Douglas, Jr. will be honored for his participation in the Lakewood Planning Academy. Englewood Planning and Zoning Commissioner Kristin Cottle will be honored for her participation in the Lakewood Planning Academy. Englewood Planning and Zoning Commissioner Dave Weber will be honored for his participation In the Lakewood Planning Academy. Englewood Planning and Zoning Commissioner Carl Welker will be honored for his participation in the Lakewood Planning Academy. Englewood resident~ will be present to share h~ ~"JI,. regarding the traffic~ Evans and Vallejo intersection. ,vor rr<b5J;JJr Ms~ 'AJ~ ~~building code concem. Non-Scheduled Visitors. (Pl~ limit your presentation to five minutes.) ~ .fl M fU.E.S -(!!,, ?'f Commir'tions, Proclamations, and Appointments. PINN nole: If ,au lww a dl11lllltJ and naed-, alda or ...-11a11, ....... nollfy .. ca, or 11 .... ood (712•2405) al 1aaet 41 hour9 In ..... of WMl'I ..._ .. neadld. Thank you. ' .. • • 0 - '\ • • ·, • .. \. Engl-oocl City Council Agenda Auguat 18, 1997 Page2 9. Public Hearing. (None scheduled) 10. c4, '1'"""· 'I) • ~v' V~_IIM'".{pprovl:;~ on~i~t Re;d1-'-- dff8'7-0 i. Council BIii 76 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System. STAFF SOURCE: Stewart H. Fonda, Director of Utllltln. ii. Council BIii 75 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the Beneficial Use Farm -Progressive Farms Lease to allow a portion of the farm to be placed in the U.S. Department of Agriculture's Conservation Reserve program. STAFF SOURCES: Stewart H. Fonda, Director of Utllltln and Charles J. caudlll, Process Development Analyst. iii . Council BIii 80 -Recommendation from the Department of Public Works to adopt a bill for an ordinance granting a Utility Easement to the Public Service Company. STAFF SOURCE: Rick Kahm, Acting Director of Publlc Works. iv. Council BIii 79 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing staff to complete the acquisition of the Home Lumber property. STAFF SOURCE: Jerrell Black, Director of Parka and RecrNtlon. v. Council BIii 78 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the formation of a Code Enforcement Advisory Committee. STAFF SOURCE: Bob llooN, Dlvielon Chief. b . Approval of Ordinances on Second Reading. tnJ.J~ i. Council Bill No. 74, amending T~ 1-5-1 of the EngleM>od Municipal Code 1,-LJ,rtaining t~ .. qc>uncil Salaries. /)~ c. /~o1~f~ttJoos . ~~~UIOt1F18M r,li-lO~~ (){))Tff)~ FO/_~i. Recommendation from the Department of Public Works to adopt a resolution ti.. W e,6Jc., _ supporting Ballot Issue Number 10, the Colorado Transportation Needs Act . . 'J ST~,rA1~~rn,n'f~J',°tJl·RJ1t.~U...'1U'/ ~ ii. Recommendation from the Depar1ment of Public Works to approve, by n motion, the purchase of Catch Basin Gratee. Staff recommends awarding ·rO the contract to the low bidder, C & C Supply, In the amount of $27,468.75. • STAFF SOURCE: Rick Kahm Acting DINctor of Publlc Worb. ~ Plew nole: .,.... IWw a....., ........ ....., ..... 111111, ....... IIOlfr .. Cllycl ..... ooc1 (712-2405)81 ...... hcua In 81M11N olwhan ............... Tlw*,-. ' 'I •. .. • • 0 - • • • t~ • '· ... 1 Englewood City Council Agenda August 18, 1997 , Page3 11 . · Regular Agenda. a . Approval of Ordinances on First Reading. Council BIii 77 -Recommendation from the City Attorney's Office to adopt a bill for an ordinance removing criminal penalties for minor tr, ffic violations. STAFF SOURCE: Nancy Reid, Aulstant City Attorney. "'""vnn,,. ....... _. ii. Council BIii 52 -Recommendation from the City Attorney's Office to adopt a n~ bill for an ordinanc~ approvin~ an agreement with Cindermak for transfer of 111 rrH ·~· lOAl~ownership of the Cinderella City property. STAFF SOURCES: Dan VV"' ,i w'iito'lJfl"mW'4~tll~nm;.-'1;li»1~PK!Hl"Als b. Apr;J!!J"I of Ordinances on Second Reading. c. Resolutions and Motions. Recommendation from the Department of Neighborhood and Business Development to accept, by motion, the services of the Center for Regional and Neighborhood Action and Compass RPI to assist with the evaluation of transit oriented development at Cinderella City. STAFF SOURCE: R~ 4 Simpaon, Director of Nelghbomood and Bualneu Development.()~ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice . 13. City Manager's Report. 14. City Attorney's Report. a. Aeproval of ~ent of QUtSide counsel. 'JO NA'#JAJ,-t:_ IJ.~()E-tJri;""j.p,01AJf OHIO V l~AI 4C t'lllAltlt:5 {!JIIJW-; Me,1ran,{_ / _ / b. Recommendation to go into Executive Session immediately following the regular }I-_ Lt:. ,.c'\City Council meeting to discuaa a real estate matter.t/~ ,. Ai· /))1,qt>I' U Adjou~g'; /u f"'-" The following minutes were transmitted to City Council between 8/1/97 to 8/14/97: • Englewood Non-Emergency Pension Board meeting of April 8, 1997 • Englewood Non-Emergency Pension Board Telephone Poll of May 23, 1997 • Englewood Planning and Zoning Commiaaion meeting of July 22, 1997 • Englewood Housing Authority meeting of June 25, 1997 • Englewood Cultural Arts Commission meeting of July 2, 1997 • Englewood Parks and Recreation Commiaaion meeting of July 10, 1997 • Englewood Liquor Ucenalng Authority meetings of June 4 and 23, 1997 • Englewood Liquor Licenalng Authority meeting of July 9, 1997 ,..... nae.: • you have• dlubllly and need .-Y alda or• rla 11, .--. nallfy .. Clly of l!llglilwood (712-2405) 81 INat 41 hours In advance of WIien 1arW1N .. ......_ 1-* you. .. • • 0 I - • • • • '· PUBLIC COMMENT ROSTER AGENDA ITEM 7 NCIN-8CHEDULED VISITORS DATE: AUGUST 11, 1117 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 NAME " - ' > I . ... . . . ' • • 0 ]- • • • . " • '· \. ENGLEWOOD CITY COUNCD. ENGLEWOOD. ARAPAHOE COUNTY, COLORADO A..-, .. ,,, l . Call • ONer Tbc rcga1ar IIICIIUIII att11e Englewood City Council -c:allcd to an1cr by Mayor Bums at 7 :37 p.m. 2. ---- Tbc inYoc:laoa -pea by Council Member Wigins. 3. l'WtelfAPeal- Tbc Pleqe al Allegiaace -led by Mayol' Bums. 4. ...Call Prelcnl: Absent: c-il Memben Nabllolz, Clapp, Wigias. Habenic:bl, Vormiaag, w...,_..e.r. None A quorum was pn:seol Also praeat: Adillg Cily Muapr Ellcrly City AIIDnley ..._ City Clert Ellis Divilioa Cllicf Moore. Safely Services 1*rim Mlillam City MulF' Bladt 5 ....... (a) eo-:il .._._ Voraillll llid lie ............. die--. He ...... 11 wllcll c-il Meaba'Cllpp_ ...... llie"llid llie_;. ...... IO ... apiece•llie ....... cw fiam eo-;1-D11111 Clark ill l..ialelOa ." c-il advillll • dlele is a c-il ....._ Doag Clark ill UttlelOn. Mr. Varaiall CD t .. liejllll ..... ID lalllc-. COUNCD. MEMSER VOllMl'ITAG MOVED, AND IT WAS SECONDED, TO Al'l'aOVE 111& MINUTES Of THE REGULAR MD11NG Of JULY :U, 1"7. Ayes : Council Members Nabllolz. Vonniaa&, WigiM. H1Naic11t, Wagoacr, Clapp. Burm Nays: None 6. Sd:1f '1fVililan 7 . N• 1th f II f Vililan ' ·. •, .. • • 0 - Eaaicwood City CoallCil Aqaa4, 1997 Pqe2 . ' • ,.. • C. ' • (a) Jim Rees. 925 WCSI ~n Avenue. said be is a bulims oner in Englewood. He COIIIIDCllled tbat be IIDliced Council Bill No. 7 4 was going to be dia:ulNd toaigbt and be just Wlllled to give Council bis tbougblS. Mr. Recs swcd be WIDlt:d to tbaak Council Member Vonniaag for bringing this up. He said be -here when Council discussed the other price ran,es and limill. He noted. • a bulims ~ in Enllcwoocl be would like to see a COUDCil member make at least Sl,000, mayor pro tem make Sl,250 and tbc mayor make Sl,500. Englewood is a full service aJllllllllllity, be poillled out, and the itcm1 tbal come before this body an: getting more and more complex, IIIIIR and IIIIIR time C'NIP•mina He opinod Ibey sbould be compenated for tbc dl'on Ibey put forth. Mr. Recs DOied Ibey ~ subjecls like Cinderella City amiaa beiR tbcm. wllic:b -IO be a -eadiq blalc, but monly sbould be. He said be "-lilullions like this c:auac a lol mbrain damage and be thought compenatioa -one way to baadle dial. He IIMed thal is bis rraJIIUDC'IICllion. In IClpCIIIIIC to Council Member Habenichl. Mayor Bums advised tbal Council Bill No. 74 propolCS S600 for a CXIUIICil member, S650 for mayor pro tem and S700 for tbc mayor. (b) BaJbara Fout. 4185 South Huron Strcet. lhankcd the Mayor and Council for the informal Council session Ibey held last Mdt. She said she wanted to expas to Council that she thinks it is a great start in communicating with 1be community in an open, relaxed way . Ms . Fout opined that a lot of good came about because of Council approaching the community. She thanked them for that. Also, she stated, she supports Mr. Recs prmous swcment supporting pay railcs for Council. She noted that tbc maaen that c:ome before Council an: ~ serious and a,mplex and she agreed with Mr. Rees. She c:ommenled tbal in order to get business-like. type people. intcresled in their pOlibODI. she felt Ibey ~ to support that. She said she thinks that filllllCiaUy it is a start. (c) Janet Spangenberg, 3268 South Downing Street. Slated that she also agrees with Jim Rees. She said she thinks that tbc figures be men«ioaed an, mpecltlblc and die figures. Council Member Vormiaag bruugbt up a couple Mdts ago. an: DO(. Sbc opilled dial Sl,000. Sl,250 and Sl,500 an: respectable wages for the job that is cxpeclCd m Council. Ms. s,,....,..... said she also agreed witb Ms . Fout that last Monday was great. 11:en: were DO c:oma•nicalioas or appointmcalS. Mayor S.. IIOled thal Council WGlld cwider a pmdam#icNI Illa' under Mayor's Choice. IClert's DOie : Sec PIF 4.1 No public bearing was scbeduled before Council . 10 . C-1A.-n <•> Approval mOrdiaaaa:s on Finl Rcadilla There were DO additional ordi-on approval for ftnl rcadia&-IClat's DOie: Sec Apada hem 12 (b) (ii)(2).t (b) COUNCIL MDDIR VORMITTAC MOVED, A.ND IT WAS Sl:CONHD. TO ~V& CONSENT ACINDA ITIM II (II) (I) ON SECOND HADING. ... --- 6' ~ ' . , • ' ., . .. .. ., • • 0 I - ,. • • • .. Eapewood City C01111eil Auplt4, 1997 Pa&el (i) ORDINANCE NO. 66, SERIES OF 1997 (COUNCll. Bll.L NO. 73, INlllODUCED BY COUNCll. MEMBER VORMllTAG) AN ORDINANCE AMENDING l11LE 4, CHAP1ER 4, SECTION 10, SUBSECllON I, PARAGRAPH C, OF TifE ENGLEWOOD MUNICIPAL CODE 1985 . Ayes: Nays : Council Members Nabholz, Vonnittag, Wiggins, Hlbenicbt, Waggoner, Clapp, Burns None (C) Resolutions and Motions COUNCIL MDDER VORMffl'AG MOVED, AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEMS 10 (c) (i). (Ii) Ull(lii). (i) RESOLUTION NO. 80, SERIES OF 1997 A RESOLUTION AMENDING 11iE COI..LECllVE BARGAINING AGREEMENT BETWEEN 11iE ENGLEWOOD EMPLOYEES ASSOCIATION AND TifE CITY OF ENGLEWOOD FOR 1997-1991. (ii) RESOLUTION NO. 81. SERIES OF 1997 A RES0UmoN ADOPTING 11iE CONTRACT BETWEEN 11iE EN0LEW0oo POLICE BENEFIT ASSOCIATION AND 11tE CITY OF ENGLEWOOD FOR 11iE YEARS l,.._1999. (ii) CONTRACT Wl'J1f CEN11USYS CORPORA 110N IN 11E AMOUNT OF 1553.612, FOR MODIFICA110NS TO 11iE SCROLL CEN'l1UFUGE AT 11iE LITl1.E'l'ONIEN WAS'JEWATI:R TREA'JMENJ' PLANT. A,a: Qwil Melllben Nabliolz, Voraiaas, Wiaiaa. 11 I . N w...-,, Capp. Buns Nays : ~ II ....... ~ (a) Appn,val alOrdiauces OD Fifa Rcadiaa There -no lddiliouJ ilCIIIS submilled for appn,va1 CN1 ti,. rading. IClcn ·s noee : Sec Apada IICIII 12 (b) (ii) (2).J (b) There -IIO addilioaal items submilted for lpprVVal CNI ...i ..... IClcn'111111e : Sec~ Item 10 (b) • Comeac Afmda.l . ' • .. • • 0 '-I J - Eaclewood City Council Auplt 4, 1997 P•4 . ' • • I• • There were no additional resolutions or motions submitted for approval. IClert 's nok:: Sec Agenda Item 10 (c) • Consent Agenda.) 12. Gelleral DiKUllioa (a) Mayor's Choice I. Mayor Bums prcsenaed a proclamation declaring Council's support for lhc RTD "Guide The Ride" lnitiatiw:. He explained that this stems from lhc Transit 97 Committee. The general support for lhc -Guide The Ride" Program, is basically found in Senalc Bill SS this year in lhc legislature, which we testified on to increase lhc RTD sales rax by .4% to a full cent, to fund lhc -Guide The Ride" improvements . He said, as he understands. they BR having a major kick off and press conference next week on this. Mayor Bums noted this is being brought up in lhc form of a proclamation. instead of a resolution which would have to haw: been on lhc docket. He commenam that Council Member Habenicht has an addition to this proclamation. COUNCIL MEMBER HABENICHT MOVED TO AMEND THE PROCLAMATION TO ADD ANOTHER WHEREAS. "WHEREAS, THE CITY or ENGLEWOOD LOOKS roRWARD TO THE LIGHT RAIL PROJECT ALONG THE SOUTHWEST CORRIDOR, AND HAS APPRECIATED THE SUPPORT or OTHER COMMUNITIES IN MAKING TBA T HAPPEN, WE CERTAINLY WANT TO SUPPORT ALTERNATIVE MODES OF TRANSPORTATION AND SOLUTIONS roR OTHER COMMUNmES AS WELL" Mayor Bums noted that that really goes hand in glow: with lhc kind of underanding we haw: tried to haw: with other communities in lhc metro ara • lhc southwest corridor light rail came on for voting. not only II RTD but cspccially at lhc DRCOG Board where it had to be appn,wed in onler for 11110 get a full funding grant agreement with lhc Federal GcM:mment for this line. He said they had told lhc other cities, especially in lhc aonhem tier of cities. dull if they would support us in this line. which -lhc tint one. that we -W see what we CIOUld do to appon diem whea other lines aime on boanl. Mayor Bums advilCIII Iha& lhc -Guide The Ride-Plopaa his Ille pnipcml to do _.. of thae lines. especially the IIIUlheast corridor. the west corridor 111d die air traill lO die ailllOfl. all II C111CC aaaad of pniiieui.dy having lo a>ntest O\'er wlucb one goes next. which would take an &MUI lot of years. So ii is very much in hlae with what -haw: been doUlg WIiia dlelC Olla cities for die ... _.. years and Ille told Council Member Habenicbt 11111 Ille appn,cialed die cbllltF. dlll it dlaqllt it -a ll)Od one . Mayor Bums asked if there wen: any Olla reqllelled addilicm to die pmdNWion Bein& -. Ille said he would entertain a motion to approwe dlis pnrlem#ioa . COUNCIL MEMHR llillNICHT MOVED, AND IT WAS SECONDED, TO APPaOVE TIR PROCLAMATION PROCLAIMING COUNCIL'S SUPPORT ,OR THI RTD "CUml THI RIDE" INITIATIVE, AS AMINDID. Ayes: Council Members Nebholz. Vormiltag. Wigins. Habe11icbt. Weggoner. Clapp. Bums Nays : None Motion carried. Mayor Bums commented thet Englewood will be IIMl1ieCld • a City ....,niDa the -Guide TIiie Ride" Progrem . 6' - ' ' . , • .. • • 0 f nvl ]- - ,. Eapewood City CINlncil Auplt 4, 1997 Pace!I ·, • 0 • 2. Mayor Bums said. as they know, we had a tragic accident at Belleview Partt where a couple of boys crossed Belleview at that location and were hit by a car. He noted there was a question, in the paper and he thought the police responded. as 10 whether they could have gone undemealh at that time or whether lhat was blocked or how it was signed. Mayor Burns stalCd he is not sure what the signage is there while that is under repair, and while we are pulling a bike trail through. whether these kids understood that they could go underneath that road or not. Mayor Bums staled that he thinks it is iacwnbenl upon us 10 ma.kc sure people do know or don't know. that if ii is blocked or signed or whatever, whether they can go under there or not . So. he opined. we need to lake a look at that and make sure there is a clear undcrslanding of what facilities can be used. Council Member Clapp fell that was a really good point he brought up. She suggc:sted that maybe we could put a little something in INlf Citizen. kind of laying out a map as lo how lo usc that. Mayor Burns asked if it has ever been actually blocked. He said he did not think ii had . Council Member Wiggins advised that it is open right now. Acting City Manager Esterly advised that portion of the project has been consuucted. but the project itself is not fully constructed. That project is being carried INlt by the City of Linlcton with the assistance of the City of Englewood. He explained that the City of Littleton. after the rain stonns and flooding and debris 1ha1 were in the box culvert ordered the contractor 10 close ii until ii was cleaned up. So. he advised. ii was closed olJ with barricades al either end at the time of the accident. Mayor Bums stated that ii was a tragic event . 3. Mayor Bums staled that he thought. when Council approved the usc of their new consultants on the Cinderella City project last week. they said ii would lake about ten days lo get their project groups together. He asked Acting City Manager Esterly how they are coming along with that Mr. Esterly advised that he will be reponing on that during the Manager's report . 4. Mayor Bums noted that tomorrow night is National Night Out and that participating Council members are set up with several places lo go. 10 the various block parties. He encouraged everyone to participate and thanked all of the people in the community who agreed to host the block parties. Mayor Burns said he knows that Nancy Peterson and her group have really put a lot of time into this. 100, and ii is always a great event. He commented that Englewood probably has more panicipation in something like this than IIIOll any city in Colorado. So. he said. he wished to thank cvcryonc participating in that and urged the Council members 10 ma.kc all of their appointments during the evening. (b) Council Member's Choice (i) Council Member Nabholz: I . She said she has a question in rcpnt 10 semi-truck tralfic. She noted she realizes Delaware is the truck route. that it is the wider of the streets. But. she advised. she has semis going down Cornell now . as well as Bates. In fact. she said. a semi turned the comer on Cornell to Delaware and cracllcd the comer of her concrete as ii went by . It was a nonhwcst transport truck at approximately 11 : I 5 this morning. Ms . Nabholz emphasized that there is increased semi traffic OIi Cornell and she docsn 't know what can be done, whether it can be a police enforcement issue. She pointed out we are working on this Concrete Utility and now. all of a sudden. we have semi 's coming through the neighborhood. She said she would like 10 find oul if anything can be done. Acting City Manager Esterly advised that they will give her a repon back on 1ha1 . 2 . She noted the next item she has she clillCUSICd briefly in Study Session . Ms. Nabbolz lllaled that she recciwd I lcacr from a lady who hid ICltifaed oa bcbalf ol lbc properly and its c:ioaditiolls at 320 I South Grant She advised that she spoke to DiRIClor OIDI and he is Fllinl tbal informalioa IOFlhcr. • •· , - • • .,. Eackwood City CINlncil A•pll 4, 1997 Pa~6 ·, • • - 3. She stated that she was surrounded briefly by approximalcly 20 juveniles Friday night II a quarter to eight at Dartmouth and Delaware. There are several cluplcxes on Delaware and they are 30711', 3068, 3090 and 3096. Council Member Nabholz advised thal lhere is a lat of police CX*aCl II tllClle duplexes. She said she .. to Sergeant Waa-this IIDlliDg ud be said be wouJd be pulliDg 10F1ber a bislory of calls. that it is her Wldenlanding that it oould possibly be one owner. But. sbe advilCd. this is causing a real problem within that neighborhood once again. 4 . She said she received a call from a Gary Athey on Sunday C\'Clling and his ainc:au was the pawd alley in the 3100 block of South Bannock. He said the City has been promising to fix that and repair that a111crete and he wants 10 know if in that Concrete Utility he is also paying for that alley to be repaiml with concrete. She said she told him she would check and get back with him. S. She advised that she has changed her plans. that she will be visiting block parties tomorrow night. that they have posq,oned their block party until September. (ii) Council Member Vormittag: I. He said regarding the Smart Trailer. he saw that Division Chief Moore is in the audience and wanted 10 let him know that he appreciates still getting them . Mr. Vormiltag stated lhal he noticed one or two in there where the speeds were extremely higb for the lime. One car was doing 58 miles an hour between eight and nine o 'clock in 1he evening. He said he thought ii was over near Cornell on that particular one. Council Member Vormillag poimed our that he also noticed another one on the 4100 block of Delaware at two o 'clock in the morning between 66 and 70 miles an bour. There was another one that concerned him. he said. doing 5010 55 miles an hour at 12 in the afternoon. He said he was just wondering if we ever have any patrols out there. even though we have the Smart Trailer there. he didn 'I know how they can get away with doing that kind of speeding like that in the middle of the day. Acting City Manager Esterly stated they can talk about this a liale bit and get back to Council . But. be said. as Council Member Vormittag noted the Smart Trailer was sitting out there typically for a one week period of time and there was one or two violators that extreme during that time period. He commented that to calCh that person you would have had to have posted an officer there for 24 hours a day for a week to come up with the one violator. So. he noted. Iha! is probably not a practical solution to catching that person. Council Member Vormittag stated that he had a guy going down his street and he must have '-8 doing 75 or so. be was burning rubber for four blocks. Mr. Esterly advised that if we were doing a camera security type activity. that type of person would have been noted. He said he did not know if Division Chief Moore might have some comments about the opportunities for inaa:uracics in the Smart Trailer or if we are comfortable that the data that comes out of the Smart Trailer is 100% aa:ura1e or not . Division Chief' Moore commented that it seems lo be pretty aa:ww and lbal the CIOllllDCIII about one car out of I 00 owcr a long period of time, that ii would be very difficult to caacb . It is poaible. but it is unlikely thll thal penon would be caught. Noting the comment that Council Member Vormittag made. lbal if you uuJy saw one individual. that actually a citizen seeing the speeder oould aauaUy be of service to the police. By perhaps jotting down the license plate or maybe making a nowion as to what the driver looked like. he advised. they could issue a summons. He noted they would have to willing 10 testify. Division Chief Moore explained that they an: actually more likely 10 be able 10 cite somebody under those conditions than 10 coincidentally be at the location when somebody is speeding. Especially on a side stree1 or residential street . Not . he said. 1ba1 ii would never happen. that it does if they get lucky. that there just arc not enough of them to go around. -. ------ • . • • 0 t,·.~ r_ I - Enclewood City Council Aup114, l997 Pace7 (. • ,,, - • I• • CoonciJ Member Habenicht noted that she has not been following this too closely and asked if theR was any result in the legislature about the photo radar. City Attorney Brotzman advised that they are moving into the coun system. Ms. Habenicht asked what that means . Mr. Brotzman explained it 111C1111S they will be suing Fon Collins and Commerce City O\'CI' their use . 2 . He said the other item he had was the Council pay raises. Council Member Vormittag ...S be appreciated the citizens out theR who are a,ncemed that we are not gcaing paid enough. He med if dais is something Council wants to do. to change it. Council Member Wiggins noted Mr. Vormittag introduced it. Mr. Vormitug said he underslands that. but he suggesled Council discuss it-· He DOied Mr. Recs' numbers were SI.SOO. Sl.250 and $1,000. Council Member Habenicht said she thought it had been publicized. but that she hasn't heard a lot of negativity or anything with the amounts that they talked about. She commented that she is not so sure that the general public would be as positive about ii as the three people who spoke here tonight. Especially. she said. as it would be changed without benefit of a having gone into the press. She Slated that is her concern. Mayor Bums opined that if you wanted to increase it any more you could ask to have it read on first reading again. In response to Council Member Habenicht, City Attorney Brotzman advised that this is an ordinance:. Mayor Bums noted they could expose that to the public and see what they think about that. Ms . Habenicht said that is good. that she thought it was a resolution. So. Council Member Vormittag asked. are you saying you would like to go with those numbers and cross out the $700, $650 and $600 and add in the new numbers. He asked City Attorney Brotzman if they could do that. Mr. Brotzman advised they could do that if they liked. Cooncil Member Vonnittag asked Council Member Nabholz what she thought. Ms. Nabholz said she would go along with that. COUNCIL MEMBER VORMl1TAG MOVED TO AMI.ND COUNCIL BILL NO. 74 TO CHANGE THI. AMOUNT OP POR TRI. SALAllll.S OF THI. MAYOR PROM S7tl TO St,511, MAYOR PRO TI.M PROM 5650 TO S1,2!t AND COUNCIL MEMBER PROM $611 TO Sl,118. Mayor Bums asked if they can do this on first reading. City Attorney Brotzman advilcd that they c:ould. Council Member Nabholz said she wanted to make something clear. as theR were a couple ol people in the audienc:c: last time that they discussed it that were upset that Council would even toy with the idea ol a pay raise. She swed she needed to make this clear that this is for the new people coming in or tbole that would be rcelec:ted . Because. she noted. thole that are currently on Council would not sce this. It woulcl, she said. be only for the newer council members. like Mayor Bums if reelcacd. Council Member Vormitug asked that the Clert read Cooncil Bill No . 74 by titJe: COUNCIL BILL NO. 74, INnOOUCED BY COUNCIL MEMBER VORMITT AG A BILL FOR AN ORDINANCE AMENDING TITI.E I, CHAPTER 5. SECTION 8. OFlllE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO CITY COUNCIL SALARIES . COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 74 ON ftRST HADING WITH THI. NI.W NUMBERS AMENDING IT. Council Member Wigins noted that liom the cumnt fipua it is 150% inc:rcllle and he opined that it is a ridiculous increuc. He said he thinks they -u citizens. not 10 much u businea people. He aOIIIII ; • • 0 I - Enctewood City CINlncil Auplt 4, 1997 Pa,.e8 ' <. • • , . • they all wort for a living and they serve the City and get into this job because they want to do what is best for the City and our fellow citizens. Mr. Wiggins stated he is amifonable with the current pay as it is. even the one pRviously p,oposc:d, but this one. he said. is ludicrous. He advised he wiU vote apillll it, tbal be feels it is not fair to the citi7.ens . He said they are hen: to 111:M: the people. tbal they do it as a .ervic:e to the citizens. not to Fl pay . And be staled. in bis opinioa. Ibey sure don't need tbal kind al ~- Mayor Burns noted this is considerlbly higher obviously. He CXMNNDled tbal Littleton has a proposed ICbedule 11111 is even higher than tbal and Ibey ~ a variety al them with the nwcrial toaighL He said there are a variety of different IC\'Cls of different cities and Ibis wuuld be one al the highest if this were passed. Mayor Burns said be didn't know whether the citmns -.Id approve this or not, but tbal they aJUld expose this on first reading and see. He noted it is one al the higher ones proposed and be understands why Jim Rees from the Chamber might propose this. but whether it is too high is the only question. Council Member Habenicht suggested that Council IIIO\'C forward with the numbers that Council Member Vormittag started with. on first reading, and if there seems to be-positive feedback from the rest al the community to follow the m:ommendation al some al cililml and the Chamber tbal came up Ibis evening, that then wc aJUld on second reading make an NDl'INl-all to go to those higher figures . She opined that this would pass tonight on first reading with the origiml figures. She said it sounds like Council Member Wiggins would vote for it at that rate. Council Member Wiggins advised that be will not vote for any increase. period . Council Member Waggoner stated it has been moved and seconded and he called for the question . Council Member Clapp stated she was amfused. She asked which one Ibey are voting on. Mayor Bums explained that they will be voting on the higher figu,a. Council Member Wiggins noted Ibey are voting on the SI.SCIO. Sl.250 and Sl,000. So. Ms. Clapp said. thal tbis is die a9'Cl llmcnt . Mayor Dw said that is rigbt. Council Member Habenicbt said thal tbis is • 111c ..,... nawa. Mayor e, .. aid,-. Ayes : Council Members Vormittag. Burns Nays : Council Members Nabholz. Wiggins. Habenicht. Wagoner. Clapp Motion defeated . Mayor Burns said he wallled to explain that the only reason be voted in favor of it was just to e,qac it to the public . He stated he was not sure at all that this is when: they should end up . He noted it is pn:ay high and he thought it was probably wise not to go quite that high . So now. Council Member Vormittag said. wc are right mck to the oripnal numbers. Mayor Bums said yes. wc are back to the numben wc started with . Council Member Vormittag asked that the Clatt read Council Bill No . 74 by title: COUNCIL BILL NO . 74 . INTilOOUCED BY COUNCIL MEMBER VORMJ1TAG A BILL FOR AN ORDINANCE AMENDING Tl1l.E I, CHAP1D 5. SECTION 8, Of 1lfE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CITY COUNCIL SALARIES. Council Member Waggoner noted this is with the S600. S6SO Md S700 fipn:s. ------' IJI - • .. • • 0 . .., ', .. L. J - Enclewood City Council August 4, 1997 Paie9 . ' • • , .. • COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 74 ON FIRST READING. ,, - Ayes: Council Members Nabholz. Vonniltag, Habenichl. Waggoner, Clapp, Bums Nays : Council Member Wiggins Motion canicd. (iii) Council Member Wiggins: 1. He asked. now lhat we have lhe Concrete Utility in afl'CCI. if he has some people in his Dislrict lhat badly need concrete work if he should have !hose people contact Public Worts or how do we go aboul getting diem on it. Acting City Manager Eslerly said lhat is a good question . He explained lhat he can call !hem in or provide lhe information lhrough lhe City Manager's Office or dil'CClly lo Public Worts and Iha!. on an annual basis. Ibey will be oul reviewing properties. He advised 1hey can make sure that !hose properties are looked al lo sec if lhey qualify as some of lhe worst in lhe City 10 gel laken care of first. Council Member Wiggins noicd he did make his payment on his Conac1e Utility. Council Member Vormiltag asked how much ii was. Mr. Wiggins said ii -S8 .2S . 2. He said he remembered Council passed an improvemenl for lhe Brookridge Shopping Center. lhal public storage facililies were going 10 be buill back !here. And yel, Council Member Wiggins noled. nolhing has occurred and he just wondered wha1 lhe status was on lhat. He asked if anyone has heard anything on lhal . Aeling City Manager Esterly commenlcd 1ha1 actually. incidentally, he does know a little bil aboul lhal because lhe developer was in contact wilh his office 10 talk aboul discussions lhat he had wilh some previous employees in lhc building division who are noc 1here now. He was trying lo make sure that some previous commitments. lhal he had only vel1Jally. would continue IO be honored . And if the City -willing 10 honor !hose previous commitmenlS he was prepared 10 be submilling his plans very sbonly. So. Mr. Eslerly advised. he has lhe plans in his hands. How, Council Member Wagoner asked. do you 1-a --i commitnat if it -·t put of'tbe PUD . He said he cloa IIOl see how they can . Actiag City Manap Ellcrty explailled tluil it actually bas to do with how die plans are going IO be reviewed . He Slaled tluil die di,o!llion he had with llaft' w wbedler or DOI lhe plans would be reviewed in house or scnl OUISide IO an indepeN::N firm. (iv) Council Member Clapp: I . She advised lhal she will be participaling in Natioul Night Ou1 and thal she has her own list. Ms. Clapp Slated lhat she has some lhal she WCIII 10 last year lhat she has been asked back IO . So. she DOied, she will working otr of 1hat. 2. She asked Council Member Habenicht 10 correc:l her is she was wrong, bul when Council Member Nabholz broughl up the imic a( the truck --si• her conc:retc. she rccallcd • similar imic with a uuck route. And then. she DOied. she had an inc:idcnl pcnonally with a big eighleen wheeler lhat though! he could go down her alley and plowed one of her Ines over. She opined that maybe it wu something they could look at. lhat ii 11DC1RS 10 be a>ming up in diff'crau scenarios. bul that trucks seem IO be an imic OU1 there. She said she jllll wanled lo men&ion tluil. 3. She advised 1ha1 she rcceiwed a call from one of her coasti1uenu in regards 10 the Building Depanmcnt. not so much lhe inspccting put of' ii. but the permit procaling put ol it. So. she said. as a Council n:ques1 she would ask what our process is and if ii is similar IO oilier cities. • ' .. • • 0 I I Enpewood City Council Auplt 4, 1997 Pa,:e 10 ·, • 0 t• - 4 . She: stated that she thinks it is time that perhaps they do another press release on Cinderella City. Council Member Clapp advised that she has been hearing from some of hc:r constituents that lhc:y feel that Council is stalling. that this is ano1hc:r Sludy, when in fact we do not have a cv111J'l1Ct with Equitable. this is not a stall . She: said it is hc:r undcl'Slallding that lhc:y are simply critiquing an actual plan and that lhc:y are making good use: of lhc:ir time. Ms. Clapp opined that lhc:y need 10 c:ommunicale some of these key points to the: public so that lhc:y have a greater undcl'Slallding. Cenainly, she commcnled. Council underslands but lhat she can see whc:rc lhc:y are coming from and why lhc:y might feel the: way lhc:y do. 5. She: advised lhat she: has I new compuaer, that she is having fun with it. but that she: is not on E- mail. So. she: said. if lhc:y need to commllllicale something please call her. Council Member Vormittag asked if it is a City computer or a personal one . Council Member Clapp advised that it is a personal computer. (v) Council Member Waggoner said he: would like to add a little to Council Member Clapp's comments. He noced the press release that went out on Cinderella C ity didn't really have any date. times or dateline on it or anything. He noced it seems to him that would be one of the: things that would be important 10 our citizens. is that by October 31 • we arc supposed 10 have this review done. That that really fits within the: overall plan. or project timclinc. that we had established early on. Mr. Waggoner opined that that would be imponant for them to know. that thc:rc really isn't a clclay or anything like that. that it fits right in with the: previously proposed time schedule. Mayor Burns noted that the: last paragraph in the: middle said -make final n:commcndations for site development by the: end of October.-Mr. Waggoner said he must have missed that . (vi) Council Member Habenicht : I . She said she agreed that it is time to do anolher release. She commented that if people are out there. questioning and not quite sure what it is they arc doing. ii is clear that maybe we need to get more news out there about it. She opined that it really is exciting and that we are really looking at transit oriented development options for that site and really looking at the: assets our community has and really doing something 10 look toward that.. She said it is exciting and she: is really happy aboul it. Council Member Habenicht staled she really wanted to thank the Slaff for bringing it fonwud and bringing these people to our a11ention. that contacted the: City. She: opined lhat it is something that we can all be wry. very proud of and participate in. 2 . She stated she: wanted to thank Council Member Clapp for piggybacking on what Council Member Nabholz said about truck traffic. Council Member Habenicht advised lhat she: has been dealing with staff. and talked to several Council members over the pa51 several months. regarding a silllllion on Union between Federal and the Plalle of truck traffic in an R-1-A Zone that has been just so troublesome to people for so very long. She opined that Council really needs to look at the whole area of truck traffic and maybe that piece too . She advised she would like to do a Sludy on that. a study session that would discuss that and maybe bring up this issue as well. 3 . She advised that she: too will be attending National Night Out. She said she: asked somdlody this evening if lhc:y are going to eight poc lucks if they need to bring eight poc lucks dishes and we don't. Ms. Habenicht said she just thought she would share that becaUIC she feels uncomfonablc coming cmpcy handed. She noted she might Slop in at a few more if she has the: chance. that it is a ~. woaderful event. She commented that it has become almost as special in Englewood as our Fourth of July . our parade and everything else. She said she: thinks we really all get out and talk to each ocher and that is wonderful . (vii) Mayor Bums: •· • 0 ' ~• - Ea&lewood City Council Aupst4, 1997 Pa~ 11 ' • • I• • I. He commented that. also in the press release. where it refers to the final n:commendalions by the end of October by CRNA and Compass. it says also ~during that lime Englewood officials and Equitable real estate, the current owner of the mall. anticipate complclion of their ncgoliations wbicb will tnnsfer ownership to the City.·· So. Mayor Bums explained. they arc hoping that during the lime they arc doing the additional wort with CRNA that they can nail down the Equitable agreement. He notcd it takes about 60 days for an ordinance to bca>mc affective and that is the vchiclc we have to use for that. So, be said. it will be 60 to 90 days before that is complete: anyway and by that time we should have the report back from CRNA and Compass. 2 . Mayor Bums said there were a couple of other things he forgot he was going to bring up at SCudy Session but they didn't have time. He asked who docs the maintcnana: on the panels at Oxford on South Santa Fe. He noted there arc a lot of weeds growing there now and they arc beginning to look a little bit unsightly . He said he was wondering whose responsibility it is to maintain that. Acting City Manager Esterly noted that location is in the City of Sheridan. Actually. Mr. Esterly said. he and Jerrell Black visited that very site at lunch time today. He advised that Interim Assistant City Manager Black is going to be in contact with Ilic City of Sheridan to see if they would like for us to do that maintenance for them and talk about how we might be compensated for doing that. 3 . Mayor Bums asked what is the completion date for the Windcrmcrc project. Acting City Manager Esterly advised that lie docs not know what the completion date is, but that they also drove over the bridge this afternoon. So. he noted. the bridge is now open but there is a lot of the improvements to that and finishing up that arc not complete. And of course. be said. they arc just staning to get into the S curve alignment right now and it looks like that is getting ready to be paved very shortly too. Mr. Esterly stated that it is his expectation that by the end of the 5UIIIIIICr or the beginning of the fall that that is going to be opened up. He noted that has really improved the appcaranc:c of that area quite a bit. Mayor Burns agRcd that it has . He said he noticed that right at Belleview too they arc doing curb and guttering around thoac tnff"ic control lights. He asked if there will be some landscaping bc:lweca the comer and the fencing for the ballparks and also the miniature golf. He asked if that is going to be fiDisbcd olf. Acting City Manager Esterly stated they would have to pull out the PUD and ICC wllll is pia..-1 in there . He said be finds it hard to believe there will be areas left untouched . There arc I variay of comers in there. but on the nortlicast corner there is a meandering sidewalk that is rclalivdy anractive. Mr . Esterly said that it is bis presumption that tllC space between the meandering sidewalk that we allowed in that location and the curb line is going to be landscaped in some manner. He noted be docs not have the details on that. but that they can go back and review the PUD and see what those details arc . Council Member Habenicht advised that she has had SC\'Cr.11 COllllllClllS.. people commenting that they were sorry to see the loss of trees near the nature area there. the parting area there. She said she Wlllled to verify that her understanding is that Parks and Rec will be rcplutiag that area. that there will be some trees added there. Interim Assistant City Manager Black advised that is pan o( the project. Regarding the bike path projcd through Belleview Part. Mayor Burm QJIDIDCIMed thal be bad IIOlic:ed they have taken a fairly good swath on either side oithe coacrclC pllll a they ID aloaa and be said be wondered if that would be remedialcd somehow wbca that's ftnisbed. Mr. Black advised thal it si-ld be. He noted that they will have to review both the bridle pn,jcc:I and tbc bike pa&h projec:l and sec wbcrc thal fits . But. be awed. it is his undcnlanding that uecs wiU be plaaled ia thal area and they wiU ca1linly address the other areas next to the bridge and adjacenl to the path . Mayor Bums said he thinks this is really going to be quite a projcd before it is through. He DOied be -sure it will lake a couple ~ )'Cll'I. but if South Subwban Part Foundation and our cities can gel that bike path over to the South Plane Riwr II - • • • 0 I I • • • ·, • .. l:•clewood City Council Aucust 4, 1991 Pace 12 and then connect it up on the east side with the Highline Canal that will be quite a bike path by the time it is through. Mr. Black stated we arc moving forward with that project. Also . Council Member Habenicht said. she thinks it is time to Slal1 talking seriously about seeing that bike path connection from the creek that goes through Cinderella City and acroa Danmouth. She opined we rally need to get a bike path there for those people who live in that section of the City too. access to the Anpaboc Greenway . Ms . Habenicht commented that she thinks we need to remind oursc1-that that is an imponant thing to do . (viii) Council Member Habenicht said she wanted to share that her daughter just came home. that she haSll 't been here since Christmas and they brought her back from the airport along Santa Fe . She said her daughter commented "wow, this is rally beautiful ." Ms. Habenicht said she just wanted to thank the City for the beautiful landscaping they have done, the beautiful yellow tiger lily 's and the pink roses and all of that. She said it is very attractive and it was sort of neat to have somebody not see it for awhile and see the change and just be wide eyed about it. She said she wanted to compliment staff on that. Mayor Bums commented that he wanted 10 thank Mr . Esterly for the idea of switching those funds with the South Windermere project and the landscaping, so that we were in control of the landscaping. He said it makes him feel good. with all of the Tri-Cities meetings that we have had to make sure that we push the landscaping on the South Santa Fe project. When it is finished it will make all of the difference in the world with the way that looks. Council Member Habenicht said she thinks they really should give the credit to Council Member Vonnittag, because she thought it was initially his idea and staff'who picked up on it and made it real. She noted they made it happen, but Mr. Vorrnittag came up with it. (ix) Council Member Waggoner advised that there was some concern about the parlting lot off of Windcnncre and how raising the grade on Windermere will affect that . He asked Acting City Manager Esterly what is happening on that . Mr. Esterly staled that judging by what is going on out there today. the parking lot is gone and is in the procas of being rcplaa:d. He noted he is not quite sun: where the responsibilities play out between the Dcpanmenl of Transportation clcaling with the aa:ess, which was nlOYCld further to the IOUlh . And so bow much cllhll is going to be done as pan cl the Windermere Project and then the remainder cl the projecl being done as pan of the bike trail projecl down below . So. be advised. there are I\W pieces cl activity in lhll area and be is DOI quite sure whal the overlap is . But they were very clearly grading a new access road down into the parting lot right now and were re-grading the entire parking lot . Council Member Waggoner noted we were talking about using some Allen sludge for fill on that at one time. Mr. Esterly said yes. at one time we were . But. Mr . Waggoner said. we are not anymore . Mr . Esterly advised that currently we haven ·1 been . (x) Mayor Burns said he has had a few comments from people asking wbctber there is sufficient access by the busillCIICS along Windermere and the S c:urvc when we finish . He commented that be knows that has been an iaue for -time ud be tllouglll a lot cl 0-imm bavc been resolved . Acting City Manqcr Eslcrly advilcd lhll iany cl t11oe iaa bavc been resolved. 1bc bigger iaue about acccss has been our adhering to -requimaenll tqllding site dillancc and driveway access and bow much land the Dcpanmenl clTramportalioa Im IO acquire . la -CIIIII they have taken enough of the land thal in combination with the site dillancc requiranents uound the ~ to provide a safe driveway . that one interpretation CXJUld be thal the State needs 10 be buying -land than they are buying . He advised tha& is actually in discuaion right -·._our Dcpu1melll. the ~--~ ...... _, ,. - • • 0 ~• - • Eaclewood City Council Aupat 4, 1997 Pqe 13 <. • • • • Department ofTransponation, the Attorney General 's office and their right of way acquisition people. Mayor Burns asked Mr. Esterly to keep Council up to date on lhat. 13 . City Muaaer'• Report (a) Acting City Manager Esterly said that Council Member Waggoner had asked that we make sure to contact the City of Fon Collins to see if there was anything we could do to help out with their flood issues. Mayor Bums commented that he was glad he brought that up. that he was going to ask that also. Mr. Esterly noted tbll in fact. initially, it was difliaalt to make any son ofa phone contact. He said Safety Scrviccs. through our emergcucy coordinaaor, made: contact through police communications systems that they bad available to them . Mr. Esterly advised that we made I.be offer of help to their emergcucy nwiagement qency and at this point in time they have not gotten back to us with any sort of requests . We have re-initiated the offer on at least two oa:asions, to make sure that they know we are available. if we can help them out. typically in the area of public works. with the equipment, staffing or anything we can do to help and they haven 't asked us to help at this point in ti1ne . He stated we are prepared to help. Mayor Bums said he was glad the offer was open . He said he was thinking of the area of public works and he was glad Council Member Waggoner brought that up. But. he noted. they seem to be getting a loc of help up there. that he thought lheir challenge was to manage all of the help they are getting. Mr. Esterly said he was sure 1ha1 is a big pan of their problem right now. is just managing what they have. (b) Acting City Manager Esterly stated the Olher issue he wanted to talk on was the status of the Compass, the CRNA projccl that the Mayor and SCVCllll ocher folks have mentioned this evening. He advised that staff has been working with the group and having some initial discussions. They are anticipating that the kick~ meeting for team orientation is going to be on August is"'. He noted that a time and a place for such a meeting has yet to be determined. The group is looking toward a team of approximately thiny members to be included. He said they have been talking with Englewood about a reprcscntation that might consist of about ten folks. The City government would be contributing about three to live people. they are looking for panicipation by perhaps lwo Council members. Mr. Esterly noted that Council should keep in mind that this is aU subject 10 negotiation with them. but that these are their ..,....ions He said they are looking for panicipation by two Council Members. two staff members. He said be ~ aa this poinl in time. recommend Neighborhood Bllliacss Development and Public Worts in dial area. The otbcr Slaff member. he said. would be the Englewood Housing Authority, becauac we dwllL we have mmc rally good cxpatis there in Chctyl St. Clair 10 get bcr right into anotbcr pn,ject llrady. 1'bcy would be 1ookina for two people from I.be COIIIIDUllity dial. be said. he would expect Council would wut to IIOIIIUlllc who thole people arc and appoilll 111cm 10 it. Additionally. he advilCd, one reprc:IClllaliv from the Eaglcwood Downtown ~ Aulbority. one from perhaps either the Cultunll Coaun11Sioa or the Library . thal type of activity, and one from the Chamber of Commerce . He said be would IUppCIIC COUIICil could talk about whether they want 10 bavc --from the Chamber of Commcn:e wllo is on tbcir baard or --from tllcar Slaff or lca"I: II up IO the Chamber of Conuncrcc 10 deadc bow they would like IO be rcpracNed on dial puup. In additMm 10 dial. Mr. Esterly noted. there will be ten of III and ~ of tbcm and the Millcr/K.itchdl poup would be 1n lhclr also. Council Member W....-, aid it --like we left out one illlpOflaDl poup. EDDA. Mayor Bums and Couacil Member Nabllolz aatllld lie -ioncd EDDA. Aclina City Maupr Ellerly advilOd thal EDDA w NNioncd in dlcR and 11111 ii preay imponant beclluac tllis ia in die area aMnd by EDDA wl Ibey -in the Diarict and w11a1cwer t1us 1utwe ~ is Ibey will be payina 1Uc1 inlo dial Diarict too . Counal Member Wagoner DOied thaa they have thaa middle qmcat of the Broadway Plan too. Mr . Ellcrt y said yes. • • 0 I • • En~ood City C1M1acil Aupll ,. 1'97 Pqe1' • 0 I • • Mayor Bums askcd Mr Esterl if they could possibly have a memo on this . Mr. Esterly said yes . Mayor Bums noted dial he felt ,1 would be very helpful IO have a memo . Mr. Esterly said he would guarantee a memo. becalllC they wtll probably be loolang for a Couacil affinnalion by motion . Firm ol all. he advised, to panic:ipatc ,n this aa,v11y we have JUSI ,n gcncraJ cliscuucd this at Study Session and have taken no formal action to actually authonzc lhcsc follui to pnxmd ahead . And. he said. they will probably want to take some official action 10 appoint team members and designate people from the public. So. he said. in looking forward 10 the e1gh1ccnlh they wtll be getting this memo out to Council and bctwccn now and then they will have 10 be coming up Wllh lhc candidale lists . Mayor Burns asked if they could gel some idea about whal the time commitment is going to be, how many medings they anticipale. Mr. Estcr1y said yes . He advised tbal he and Mr . Simpson clisaassed that today and they wercn 't prepared to answer that queslion. Mr. Esterly explained that the Olbcr thing that seems to be important 100 is when the time commitments r-i to be made. if it will be during the workday or after the workday or that type of activity . Council Member Vormittag said they would want to know bow long they would be . Mr. Esterly agreed because. he noted, some folks in one scenario might want to be involved and in anodicr they couldn ·1 participate . (c) Acting City Manager Esterly said tic wan1ed 10 remind everyone 1ha1 the market demand for a down1own hotel in Englewood repon should have been in everybody 's packet . And . he commented, at some fu1ure time . ifthere is an interest . 1hey can schedule ii for furtlicr discussion al study session . BuL he noted. he would await Council's request for thal. Mayor Bums said he lhought there was an interest . Council Member Habenicht asked if 1hey could possibly refer 1ha1 to be part of the infonnation that goes 10 1hat CRNA group . Mr. Esterly said certainly . Ms. Habenicht suggested thal maybe after thal might be a better time to discuss it. Mayor Bums opined that that would apropos to do that. Council Member Vonnittag said aJso to hear what their recommendation is . • • • • • Mayor Bums advised !hat he 1alked to Cheryl SI. Clair and she had gotten her head together with Marie Graham on the application to EPA to have the City designated as a Showcase City and one other ingredient was they wanted three federal agencies 10 be involved in participating in !hat if that were achieved . He noted 1ha1 one of lhem they were thinking about was HUD . and they were having a little trouble figuring out how HUD would participate in this. He stated that Ms. St. Clair has advised him that they got tOgclhcr and figured it out and Ibey have proposed HUD as the third agency . He advised that EPA would be one and he thought the other one would be the Dcpanmcnt of Labor. Mayor Burns staled that it completed the application and they were able to wort on that tOgclhcr and gel that application in in a full form. Council Member Habenicht asked which application that was. M:lyor Bums asked if she remembered the Brownfield Grant. Ms. Habenicht said yes . Mayor Burns explained that there is anolhcr dcsignalion for only ten cities in lhe country that we were invited to submit. He said he thought the initial submittaJ went in earlier in the spring by EPA to be cleclaRd a Showcase City and what that means is you gel extra help in rcvilaJizing industriaJ sites by networking with housing elements. job training and that son of thing . So. he advised. 1h1s completes that applicauon . He noted that the local EPA administration requested that Englewood submit this because with all of the things that arc going on in the City. economic redevelopment. transportation and everytlung dse. they thought there were so many components of the change and advancement in Englewood that it would make a good candidate for a Showcase City . He said he is not sure when this will be decided. but that it would be quite a a,up for the City ifwe were only one often in the country desiglllted by the National EPA . But. he COIIIIIICllled. they told us locally that we have a chance at this. Council Member Vormittag uked if it would be this year. Mayor Bums said he thought ii was probable. but thal they may be able to find out from Mr. Graham. He pointed out thal that is a nice. initial coordination between the Housing Authority and the City . ,- ... I· • 0 , - Euik"wl City Coucil ~, .. ,,, .... 5 <. • . ~ • .. CouDcil Member Wagoner said they should pn,bably send Ille Chamber ud EDDA a fiaal QOPY ofthlll lllllel repan. if we bawn't alreldy. ActiDg City Maaapr Ellerly .,.-S to do lllll. 1'. a.,~·· ae,.rt City Aaoney 8IOIZDWI did DIil baw Ill)' ...am to bring bdiDre Coullcil. 15 . AAlja..-t COUNCIL MDIBD WIGGINS MOVED TO ADIOURN . The meeting adjounlcd at 8:30 p.m. " -. . ' •. .. • • 0 , __ -• ]- • • ,.. • t• ... • ,, , <. \, COUNCIL COMMUNICATION Date Agende'flem Subfect Prohibited Discharges to the Storm August 18, 1997 10a i Drainage System Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Proposed changes will be to the Englewood Municipal Code, Title 12, Public Utilities. RECOIIIIENDED ACTION ,. - • Council approval, by ordinance, of the proposed changes to the Storm Water ordinance: Section 12-5-9: PROHIBITED DISCHARGES. BACKGROUND, ANALYSIS, AND AL TERNA11VES IDENTIFIED The Water and Sewer Board, at their July 8, 1997 meeting, recommended Council approval of the code prohibiting dumping of harmful 8Ub8tances to the City's stonn water. The Englewood Municipal Code does not apecifically addrw dumping hazardous, harmful substances into the storm water system . Thia addition to the Storm Water ordinance closes that gap. None UST OF ATTACHMENTS Proposed Ordinance . . , • . .. . .. • • 0 '--I -• • t• . • ' BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997 COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER _____ ~ ABILLPOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDfflON OF A NEW SECTION 9, ENTITLED PROHIBITED DISCHARGES. WHEREAS, the Englewood City Council adopted Ordinance No. 20, Series of 1993, which created the Storm Water Utility And Enterprise Fund; and WHEREAS, there ia no language in the Englewood Municipal Code that prohibits the dumping of hazardous, harmful substances to the City's storm water system; and WHEREAS, by the adoption of thia Ordinance the Englewood Municipal Code will prohibit the dumping of harmful substances into the City's storm water system; and WHEREAS, after review ofthia amendment at the July 8, 1997 meeting of the Englewood Water and Sewer Board, the Board recommends the adoption of thia Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;ticm 1. The City Council of the City of Englewood, Colorado hereby amenda Title 12, Chapter 5, of the Englewood Municipal Code 1986, by the addition at a -Section 9, entitled Prohibited Discharges, which shall read u follows: 12-1: STORM WATER UTILITY AND EN'nRPIU8B nJND 12-5-9: PBOIIIBITED DIBCIIABGB8 : A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISCHARGE OR CAUSE TO BE DISCHARGED TO THE STORM DRAINAGE SYSTEM ANY POLLUTING MATERIAL OR ANY OTHER MATERIAL WHICH IS NOT COMPOSED ENTIRELY OF STORM WATER . B. IT SHALL BE COMPLETE DEFENSE TO THE APPLICATION OF THIS SECTION THAT SUCH DISCHARGE WAS MADE PURSUANT TO AN "NPDES" STORM WATER DISCHARGE PERMIT OR RESULTED FROM FIREFIGHTING ACTMTIES. C. EXCEPT AS SUCH MAY BE IDENTIFIED BY THE CITY AS SOURCES OF POLLUTING MATERIALS, THIS SECTION SHALL NOT APPLY TO THE FOLLOWING CATEGORIES OF NON-STORM WATER DISCHARGES: 1. WATER LINE AND FIRE HYDRANT FLUSHING; 2. LANDSCAPE IRRIGATION; -1- ,,, - • .. • • 0 l • 0 • 3 . DIVERTED STREAM FLOWS ; 4 . RISING GROUND WATERS ; 5. UNCONTAMINATED GROUND WATER INFILTRATION INTO THE STORM DRAINAGE SYSTEM ; 6 . UNCONTAMINATED PUMPED GROUND WATER ; 7. DISCHARGES FROM POTABLE WATER SOURCES; 8. FOUNDATION DRAINS; 9 . AIR CONDITIONING CONDENSATION; 10. IRRIGATION WATER; 11. SPRINGS; 12. WATER FROM CRAWL SPACE PUMPS; 13. FOOTING DRAINS ; 14. LAWN WATERING; 15 . INDMDUAL RESIDENTIAL CAR WASHING; 16. FLOWS FROM RIPARIAN HABITATS AND WETLANDS; 17 . DECHLORINATED SWIMMING POOL DISCHARGES; AND 18 . STREET WASHWATER . D. ANY PERSON WHO VIOLATES ANY PROVISION OF TlilS SECTION SHALL BE SUBJECT TO A CML PENALTY OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999.00) PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES, OR, UPON CONVICTION, A CRIMINAL PENALTY PUNISHABLE BY A FINE OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999 .00) PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES OR BY IMPRISONMENT FOR NOT MORE THAN THREE (3 ) MONTHS OR BY BOTH . Sed;ign 2. Safety Clau1e1 The City Council, hereby finch , determinea, and declares that thia Ordinance is promulgated under the pneral police power of the City of Englewood , that it is promulgated for the health, 1afety, and welfare of the public , and that this Orc1inance i• necea1ary for the preaervation of health and 1afety and for the protection of public convenience and welfare. The City Council further determinea that the Ordinance belll'II a rational relation 1D the proper legislative object aoueht to be obtained. -2 - • • 0 '--I ]- • • • • • Section 3. Severability If any clauae, aentence, paragraph, or part of this Ordinance or the application thereof 1D any perllOD or circumstanc:ea ahaU for any reason be adjudged by a court of competent jurisdiction invalid, such jud1111ent shall not affect impair or invalidate the remainder of this Ordinance or its application to other penona or cin:umatancea. Section 4 Xomneieteot OtdiDIDGCI All other ordinances or portions thereof inconsistent or contlictinf with this Ordinance or any portion hereof are hereby repealed to the eztent of such incomutency or con1lict. Sec;tiqn 5 lffst of DIPMI gr modificatjon The repeal or modification of any provi.Bion of the Code of the City of Eqlewood by this Ordinance ahaU not releaae, utiquillh. alter, modify, or cJumge in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which ahaU have been incurred under such proviaion, and each proviaion ahaU be treated and held u llti1l remaining in force for the purpoae11 of BUBtaining any and all proper actiCJllB, suits, proceedjnp, and proaecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoee of sustaining any judllllent, decree, or order which can or may be rendered, entered, or made in such actiCJllB, suits, proc:eedinp, or proaecutiClllB . Introduced, read in full, and puaed on ftnt reading on the 18th day of Auguat, 1997 . Publiabed u a Bill for an Ordinance OD the 2lat day of Aquat. 1997. 'lbomu J. Bums, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clsk of the City ofEapiwood, Colorado, hereby certify that the above and forelOinc ia a true eopy of a Bill fbr an ~. introdaced, read in full, and puaed OD ftnt readinf OD the 18th day of Aquat. 1997 . Loucriabia A. Ellia -3- ----~,.._~ ..... '' .. • • 0 ]- ] • • • . • ' COUNCIL COMMUNICATION Date Agenda Item August 18, 1997 10a ii Initiated By Staff Sources t• Subject Progressive Farms Lease Amendment, Littleton/Englewood Beneficial Use Farm Stewart H. Fonda, Director of Utilities Littleton/Englewood Wastewater Treatment Plant Charles J. Caudill Process Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 2, Series 1995/1996, approving purchase and lease of 5760 acres of fann land in Arapahoe County. Ordinance No. 19, Series of 1997, approving oil and gas lease with J . Michael McGhee. RECOMMENDED ACTION The recommended action is to approve by Ordinance an amendment to the Beneficial Use Fann -Progressive Fanns Lease for a portion of the fann (Unnebur Fann) to be placed in the U.S. Department of Agriculture Conservation Reserve Program (CAP). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ,,_ The Cities of Englewood and Littleton own a total of 7040 acres of farmland to ensure stable and secure biosolids recycling for the Littleton/Englewood Wastewater Treatment Plant. The Plant staff would like to place a small portion (approximately 5%) of the 5760 acre Linnebur farm into the U.S Department of Agriculture Conservation Reserve Program. The proposed area is highly erodible and crop production is much lower than the farm average. The U.S. Department of Agriculture will pay an annual rental fee per acre for these highly erodible lands to be seeded and returned to grassland for a ten year conservation period. Biosolids may still be applied to the grass areas. The rental payments are made directly to the farmer and not the owner. The farmer will in tum rent these areas (through an amendment to the fann lease) in an amount equal to the annual USDA CAP annual payment. The tenant tanner (Progressive Fanns) will plant the grass and maintain the area . FINANCIAL IMPACT The Littleton/Englewood annual proceeds from the USDA CAP program will total $23.70 per acre; whereas crop proceeds (at~ farm yields and current prices) total $18.70 per acre annually . UST OF ATTACHMENTS Littleton/Englewood -Progressive Farms Lease Agreement Amendment • • • 0 I J - ORDINANCE NO . _ SERIES OF 1997 • • • BY AUTHORITY ABILL FOR COUNCll. BILL NO. 75 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE BENEFICIAL USE FARM -PROGRESSIVE FARMS LEASE FOR A PORTION OF THE FARM (LINNEBUR FARM) TO BE PLACED IN THE U .S. DEPARTMENT OF AGRICULTURE CONSERVATION RESERVE PROGRAM. WHEREAS, the City of Englewood City Council authorized the purchue of a farmaite for beneficial use of the Littleton/Englewood Wutewater Treatment Plant Bioaolids Management Program with the paaaage of Ordinance No. 2, Series of 1995/1996;and WHEREAS, the Englewood City Council authorized an Oil and Gas Leaae with the paaaage of Ordinance No. 19, Series of 1997; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant would like to place a small portion (approximately 5%) of the farm into the U.S. Department of Agriculture Conaervation Reserve Program; and WHEREAS, the U .S . Department of Agriculture will pay an annual nmtal fee per acre for these highly erodible land areas to be seeded and returned to graaiaDd for a ten year conservation period; and WHEREAS, the rental re. received will be aJichtly bipier than tbe t:,pic:al proceeda &om the Littleton/Englewood Wutewat.er Treatment Plant share of crape if the land areas were farmed; and WHEREAS, the bioaolids may still be applied to the grua areas; however the Littleton/Englewood Wastewater Treatment Plant muat pay for the planting of grau and maintenance of the area; and WHEREAS, the U .S .D .A rental payments will be made directly to the farmer and not the owner; and WHEREAS, the farmer ahall pay annual rent to the Li~ Wutewater Treatment Plant in an amount equal to the U.S . Department of Agricultural payment; and WHEREAS, the Littleton/Enclewood Wutewater Treatment Plant plam to UN the tenant farmer (Procreuive Fa.nm) to Ntabliah the grua and maintain tbe arua in accordance with C .R .P. reculationa; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- . ' • . . ' • 0 I ]- - • • .. • • '· .. Sec;ticp 1. The Littl~ Wutewatar Treatment Plant -l"!'IJIIWive Farm 1-Aar-ent Amendmmt i.t-PropoNain Farm and tbe City of Eqlewood, Colando, at:tacbed --u "Emibit A,. ia hereby aceepted and approved by tbe Eapwaod City Coancil. Sw;tim 2 Tbe Mayor ia aathmiad to_. and tbe City Clerk to au.at and ...i the Interpvemmental Aar-mt far and Oil behalf of tbe City of Eqlewood, Colorado. lntroclw:ed, reed ill full, and pauecl Oil 8nt reading Oil the 18th day of August, 1997. Puhliabecl u a Bill tbr an OrdiDaDce OD tbe 21.llt day of August, 1997. Tbomu J . Buma, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Low:riabia A. Bllia, City Clerlt at tbe City at.......,.,.., Colando, banby cartify that tbe abaft and lnpiDc ia a true copy at a Bill far an OrdiDance, iDtrodumcl, read ill full, ad ,-.I Oil Int Nadinc Oil tbe 181b day at .Aapat, 1997 . -2- . , .. • • 0 r I ]- • • (• . • ' LITTLETON /ENGLEWOOD -PROGRESSIVE FARMS LEASE AGREEMENT AMENDMENT "' - Pertaining to the farm lease agreement signed March 13, 1996 between the Cities of Littleton /Englewood, Landlord, and Progressive FarJIS, Tenant, concerning only that portion of land enrolled in the 1997 CRP Program as described in the CRP contract, worksheet, and aerial photo for tract numbers 1982, 1984, and 5443 attached hereto and incorporated herein. Said Landlord and said Tenant agree to the following terms: l). Tenant shall receive 100% of the CRP payments pertaining to the above described CRP Contracts. 2). Tenant shall pay annual rent to Landlord in an amount equal to said CRP payments payable within 10 days after Tenant's receipt of said CRP payments. 3) Landlord shall bear all expenses of establishing and maintaining the CRP land. 4). Tenant will work with Landlord to establish and maintain CRP land according to CRP rules and regulations. 5). Landlord shall pay Tenant, at custom rates common for the area,· to establish and maintain CRP land according to CRP Contract rules and regulations. Tenant will submit a plan of action and labor and material cost estimates ~o Landlord, requiring their approval, prior to beginning work. 6). Landlord shall have the option of hiring other contractors to complete any work it deems necessary to maintain the CRP contracts. 7). Landlord shall reimburse Tenant for any and all penalties imposed on Tenant for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to decisions or actions of the Landlord. 8). Tenant shall reimburse Landlord for any and all penalties imposed on Landlord for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to actions of the Tenant taken in defiance of the Landlord's wishes and requests. 9). The remainder of said lease signed 3/13/96 between Landlord and Tenant, concerning that portion of the land not included in the CRP Contract described above, shall remain in full force and effect. 10). This CRP agreement shall survive the expiration of said lease signed 3/13/96 and shall be binding for the full 10 year ter11 of the CRP contracts, described above, unless modified or terminated at an earlier date by mutual agreement of Landlord and Tenant. Cities ol Littleton-Englewood /Date Progressive Farms /Data • X H I • I T A .. • • • 0 , • "' - 0 :• • ' '· Form Approveo -0MB No . 0560-0125 CRP-1 01-30-97) U.S. DEPARTMENT OF AGRICULTURE Commodity Cradil Corporation 1. ST. & CO. CODE & CID 2. SIGN-UP NUMBER 08-001-1 15 CONSERVATION RESERVE PROGRAM CONTRACT COUNTY OFFICE ADDRESS AND PHONE NO. (aru code/ ADAMS CJUNTY FARM SERVICE AGENCY 57 \·i aROMLEY LN BRIGHTON, CO 80601 303-659-0525 . CONTRACT NUMBER ;5. FARM NUMBER ,... 1 ... ,- l J :a. OFFER /Select one/ iSTANOARD ,ENVIRONMENTAL PRIORITY . ACRES FOR ENROLLMEN 184.9 . TRACT NUMBER($) 1913 19. CONTRACT PERIOD FROM /M/DIY) iTO (MIDIY) 10/1/97 J9/30/07 THIS CONTRACT is-,nfO-fllflQln..-yC..-Co,pa,adon (-IO u "CCC") -fllfl~---or_ <-maybe-IOU "Ownot'. "Opo,alO,". -"T.....,,.. ~I onfllfl ____ TIie undetllgned-or-may---,,oe-tou,,,. Patllcipent. • n.. p.,,.,_. _.., P*»,,,,, _.,._...__,,,,, ~ -Progtam (-CRP"l ""fllfl __ c::annct,_..,, _,,,._,,,.Connel is •-byfllfl CCCar--s«t,yCCC. -~--"' .......... ....,, ~-me c-_..,..,,,.,,lbrlUCII--IIJPl')WdbyfllflCCC -lflfl ,..,_t .--...,,, lflfl ,...._,,_,CCC_ Ill_,,,,,_,,,. ____ in lllil Ccnnct-,, ""'"-""" IO lllil c-act - ~--IO CRP-1. eon--~ Connel(_ to u ""-"1/lt"J. By--· 11M ,..,,._,,_,, 'llfg11-• co,,yolllM "-"1/lt lorfllfl ,,,,,..,_.,.,,,,_.,p-h11-,,,-IOSIICII-. Suclt-allo-lO-SUCII ~--.... -..... in,,,.,._.. ilfllfl PIIIJcipMt --toCCC~ar,ajet:lion. ----ol __ .,._,,, __ C#',1-ln81aC#',1 A----- -BY~ THIS COHTAACT l'IIOOUCSIS A~ RECEPTOF THI! !'OU.~ l'OIIMS: CfflA.1; C#',f ~---~ CRP-2:-lf .--_ CR#'-IS-CRl'-t ~ 10. OFF&R FOR PEUIISSION TO ALLEY CROP In order to participate in CRP ~ CP19, Alley Cl'opping, //we submit an offer of S _____ per ICl9 reduction, from the amount specifl6d in item : 1 A, in the annual rental payments for ;»nnission to produce agricultural commodities on eligible acres in accc,dance with the provisions for alley cropping aet out in /fie applicable regulations. //we understand that for each year of the CRP. conlnlct the annual rental payment wiU be reduced by the amount agreed to abow, which reduction must be a reduction of at least 50 percent in the annual rental payment. 11 A. Rental Rate Per Acre s 24.96 9 . Annual Contract Payment s 4615.00 C. First Year Payment $ (Item 11 C applicable only to continuau& signup when the first year payment is pronited.) 112. Identification of CR; Land A. Tract No. ,B. Field No., c. Ptac:tice I I 1982 Co~ ,, CP2 13. OWNERS, QPSRATORS ANP T;NANTS A. OPEAA TOR NAME ANO ADDRESS PROG~ESSI~E FARHS 20 so;< 369 BYERS, CQ 80103 a . OWNER NAME ANO ADDRESS CI TY OF CNGL~'/1000 3400 S tLATI Si E~GLEWOOO, CO 80110 C. NAME ANO ADDRESS CITY OF LITTLETON 22 4~3 ~ 5~~~v ~v~ l.IiTLi::i.J:~, CO 30155 14. CCC USE ONl. Y • Paim-rs acconijr,g PO the Shar.!S are -,,,,,owd. I ,SOCIAL SECURITY NUMBER I I -~11-i 158273 I ;s1GNATURE ,100 %1 1SOCIAL SECURllY NUMBER I d4-oQQlJ583 1s1GNATURE %1 !SOCIAL SECURITY NUMBER SIGNATURE ID Aan I E. TOlal C/S 1179. o 1 9a4s I 5. 9 I 325 JOATE JDATE OAiE NOn: ,..._,...,.,,,..._,a,,_,._ ~AaM tNI. ,._., L ... , ... • w .... ra. :::Z:::.~t::~~,:==-,.,,,,,.,.= =-~-='::a,, 1'Jlli9 ~ ,_,.,,._..,,, 1w CCC,.~.,,.,,_,...,,,.,,.....,.,.• c ......... -....-.,..c:.-.et. te .............. ........,. _. ,e .,.,..... tNCtln'Kt ~ 19 rite CMftWt' ............ ,,_ .................. "~ hi/we M,.,... ,,_,...,..,...........,. .. ,..,,,,,. .......... .,~ ftN r:#f-,,,..,..,,. ,.,.,.. • .,,. .,,... ,......, ._,... __...., USAil .,..ry. ,,. ................ ....,,,.. ............ MIS,. a.--., .............. s. .. ... ,..,.uw~.,...... .-•,._••CNlf'T,...........,......,... ......... ,...,._.,.....,_...,.._........, ..... '•'*'.Z-. z11. J7'. Ill. '001: ti U$C n-.-.-n VSC '721. ,,..., .. __....,. ,,_,...,___.,..,...., ,...,_A,..._.,,..,..,~,--._, • ..,._,,;._,,..,.,..,.,..._ ... •~.,......_ ............ ......,., WJl#OMI.,..._.. 11111.e1r __ ,., ____ ,. ___ 4 ___ ...,. ____________ _ .,.. ,,......,...,,, .. ,.. ,,.,. ,...,., .-c......,.-,__,,,.. ce111r'*' ., ,.,.,,..,.,, s.,.,,,~,.....,,.. .......... .,..,.,,..,,..,.,Mil~ o1 ==---===~~-= ::::::--·-~------·-.11W' 7UI,--.-. o.c. -1UO. 1"'9_...or_...,.,... ... _..,. ___ -. __ ,...,,,.,_,'*"',,......_..,.. .... _, __ or__,,. ...... . , trr, • . .. • • 0 ' • • ... \·· .;:~: f" . .-.:,· t: : ~ - l , l :I l 1 l ~ ll 1, r ~I I 'I .. ~ r I • ,, - ' • . 0 (4 • ' . .. • • 0 , • 0 • - Form Approved -0MB No . 0560--0125 CRP-1 11-30-97) U.S . DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 1. ST. & CO . CODE & C/0 '2. SIGN-UP NUMBER 08-001-1 I 1s CONSERVATION RESERVE PROGRAM CONTRACT COUNTY OFFICE ADDRESS ANO PHONE NO . (IIIH eode/ 303-659-0525 CONTRACT NUMBER ,5. FARM NUMBER 2405 la. OFFER /Select one) ! STANDARD ENV1RO-NTAL PRIORITY . ACRES FOR ENROLLME 24.1 . TRACT NUMBER(S) 1984 ,9. CONTRACT PERIOD ~FROM /MID/YJ rO /MID/YJ ""HIS CONTRACT i1 ___ //leC--,,ClwlCa,po,-./-lo 11 °CCC;-111e.---. -or-(-maylle-loN ~--0,,.,.,..,.. ""''T.,,.,,... ~I on,,,. ____ Tllel-.;g,,ed,_.,,,, orpe,1U11S,,..,. _ _..,,oe_ 1o .. -Patlicpant. • .,.,,. Patr/doMll-lopl«-//le _____ ,,,.~_,.,,..... ("CRP') lbr//le ___ ,_,,,,,_,,,._,,,.Conhctis-by//le CCCor-u•IMO,CCC. .,.,,.,...._,, __ lo..........,..,llldl~-//le~Plan.-.-..,lbrllldl ____ by//leCCC _,,,.Potltt:l(»nf. ,._,.,,_,,,."""""*"_ccc..,..111~-,,,.----.,lllil~-....,,,.,._...1olllileonna.- "'--'° CRP-1 . ~ /INww ~ C-..,(-111 N ""-'*i-Sy !9M'IV-. lfle l'MlicllDMI-IOMI Q -· ccpyot,,,. ,._.,., far,,,. ~--uopenoo,,..-~IIISIICII,,._,. 5ucn,,._,11111-1opaySlldl~"-"'., ___ .,,,,.,._.,.,,,,.Pllllcipanl --lo CCC ._,..or,wjecliOn. Tlle---ot----ln--Clfl'.1-ln llleClfl'-1,.,,_._...,,_ -. SY SIGNING THIS COffflUCTl'IIOOIICIRS A~ uc:s,,ro, THE !'OU.a-FOIIIIS: ~I: Clfl'-1,,__ _____ : CRP-2; -· _.,._, Clfl'.15-Clfll.l c- 10. OA'ER FOR PeRlaSSION TO ALI.EY CROP In order to participate in CRP under CP19, Alley Cropping, //we submit an offer of S per Bent reduction, from the I amount spttcif/ed in it.In 11A, in the annuel rental psyments forpennission to produce agricultutal commodlt/e8 on eligible acres in aceotdance with the provisions for alley cropping set out in the applicsbla regulations. //we understand thst for each year of the CRP. contract the annual rental payment will be reduced by the amount agreed to abo11e. which reduction must be a reduction of at least SO !percent in the annual rental psyment. 11A. RentalRatePerAcre $ 18.30 j12. ldentiflcationofCRPLand 8 . Annual Contract Payment $ 441, 03 j A. Traci No. JB. F"oetd No .I C. Fim Year Payment S (119m 11 C applicable only to conllnuou8 signup when the first yur psyrner,t is prorated.) A. OPERATOR NAME ANO AODRESS Progressive lar.na P.O. Box 369 Byers. CO 80103 a. OWNER NAME ANO ADDRESS City of !ngl-ood 3400 S. El&ti St. Englewood, CO 80110 l I 0 % jSIGNATURE C. Prac:tice .;_ NAME ANO AOORESS City of Littleton 22455 ft. Jerry Ave. Littleton, CO 80165 !SOCIAL SECURITY NlWR 14. CCC USE ONLY · Pa~ acco,a,i,g IO Iha -· .,. ~- 0 ,SIGNATURE ""I /SIGNATURE OF CCC REPRESENTATIVE ,DATE !DATE ,DATE :"'9 r......., ,_,,,,..._.,~_.,..,.__.,.Act., ti• 11 IJIC -........... ......_.Acre/ 1 ......... ~ ,.,,...-, ,,_ ,..,_.,.,~/a: tN ,--~ Mt el INI. ,..._ L. Jf-tM. •.....,, _. ,........__,.,.,,,..,., 7 CIWMIIT r•ro_, _....., ,....._ C... rX USC 110,,. n.,..,.,.......,...,...., .it,.....,..,,., CCC,. -----.._ .,,_ • _.. ... • C.....--...._ ,_.._ c:.-.a, • -• ..,_. ......-,V • .,. ,. .,.,,,.. tNCf#'tWf ..... -~. ,..,,.,., ,,..,......,........,,.IS~ ~ N ..... ,..,........__ .. ,..,. • ....,___ .,~,., can_,,,,..,......_..._.,,..,.....,......._.........,.UIAI ...-,, . .,,.._,__.,... .. _ • .,,., ........ -. 0..-,.,,....... .,..., S-_.,....u.~.....-. .,..,,.......,. • ....,..,........,.........,.. ...... ,., ........ .,.....,..,..,,._........., ....... r•uac ZN. 211. ,11. u, ,r:xn : ,,usc n-.~·.,.,, vsc,111. ,.... .. ...._..,.,,..~ .......... . ,..,.A,...._-..,_, .... .,_ .......... _,,....,.,_.., M. ...... .,....._. ....................... ......,_. ,._... ,....,... ..... ,., ........... ., .................................. ,__, ......... ,., .................. ---. .............. ......, ..,.,....,..,....,,.._........_ .,.c.....-,_.,..._,,,..ce11cr.-.e/........,_ s-~-.:r-:-----•.,,,,...,...,.,,_~., ~~-1.~-=::=:-.,---·---·-------0.C. _, __ "h11 _or.....,,_,•-•• a _, __ ,.... ____ ....,.. __ ..._ ___ ., GWNll'S CO" •, .. • • 0 , I - ·.i • ··t···--· : I I.~ . ; ~ ·,.·,. ~ -. ..... :•,." . .': . '\i :· .. j}i\, ... .. , ,. • • I • . • • . . .. • • 0 , ~~ x I .. -• 0 I• - Form AOPfOVed -0MB No . 0560-0125 CFtt· (01-30-97) U.S . DEPAR°fM[NT OF AGRICULTURE co~ Credit Corporation 1. ST. & co. c:ooe & CJD 12-SIGN-UP NUMBER CONSERVATION RESERVE PROGRAM CONTRACT 7. COUNTY OFFICE ADDRESS ANO PHONE NO. (_. code) ADAMS COUilrf rARf,\ SERVICE AG:::NCY 57 i·i tlROMLEY LN ORIGHTCN, CO 80601 ;Q3-659-Q525 j5. FARM NUMBER 24 05 18 . OFFER (Select OM) \STANOAIID \ENVIRONMENTAL PRIORITY 15 . ACRES FOR ENROLLMEN 19. CONTRACT PERIOD Fl FROM (Am/YJ ITO (M/0/Y) THIS CONTRACT is-.. to-flle c;on,,,.-,,Clw«~ ,_to .. -ccc;-,,,.~--. or tenants /WflOmayl>e-toH "Owrw". ~--"'TOIIMt(', ,.._.,_, an flle,.,,,, ___ n...,_.,,,..,,,,.,_ or ___ ..........,,t>e_to,, "Ille~· TIie Pattiapenf-to p1.a,,,. .,_._ _..., t11e ~-... Pll,gralll ("CRP')-.. 111e __ canncr_...., ,,,._1119 Connet is •-o,,,,,. CCCor--urOyCCC . .,.,,.,..,,.,,,,.,., __ ,.,....,_.,, .... ,,.__..._,,,.ean __ .....,.,,,, _____ byflleCCC -flle PMlc:ipent -.,Y. flle f'wr/t:itlanl-CCC -to_,,,,,_,,,...,,,,. -aindlfano -in lllis COnhc:t _...., Ille A_.,. ID ftlia Connet. - ~ to CRP-1 , ~ "-""~Connct(-IOaa •.-_;. 8YS91i!V-. fllePlrllciplnl~-•copyotllle~ b'flle .,.,...,.,,,. _,.-,,..-~,,, --· Suc/1 ___ to,,..,SUCll~d-.. .,, _.,,._ .. ,,,..._..,ilfllePalllcipant -pnorto CCC-ortWjet:llon . .,.,.. ___ ot!lllac-,.,..-1n t111aFonn CRP-1-lnflleCJll'.t A----- .--. SY SIGNING THIS COltTIUICT l'ROOUCERSACK#Olllla>GE RECEll'TOF THE FOU.~ FORMS : CRP.1; Clll'-t ~-"'Y----: CRfl.Z; -·...,.,.. CJll'.fl-CRIA.f ~ 10. OFFER FOR P£RMISSION TO ALLEY CROP In order to participate in CRP under CP19, Allay Cropping, /lwa submit an off&r of S _____ par acre reduction. from the amount specified in ilem 11A, in the annuel mntal payments for penrrission to produce agricultural commodities on eligible acnts in accon1ance with the provisions for alley cropping set out in the applicable regulations. //we understand thet for aach year of the CRP contract the annual ntntal payment will be reduced by the amount agreed to above, which 18duclion must be a reduction of at least 50 percent in the annual ntnta/ payment. 11A. Rental Rate Per Acre $ 68.2 B. Annual Contract Payment $ 1514.04 C. First Yur Payment $ (ttepl 11c applicable only to continuous signup when the first year payment is prorated.) A. OPERA TOR NAME ANO AOORESS PqcGRESSIVE ~ARMS PQ 30X ;S9 3YE~S, C: 80133 B. OWNER NAME ANO ADDRESS Cr TY :,;: ::~1GLE~o o.i ;400 S ~LATI Sr~ tNGLEwOOD, CQ d0110 C. NAME ANO ADDRESS CITY 0F UTTI..ETON 22 45 5 ,; 3E~F.Y ;._v~ I_IT7LcTCib C 30i6 5 14. CCC USE ONLY -Pey,,,.,,rs eccominq ~ rn. st,.,., .,. ..,_.a. NOTE : j12. Identification of CRP Land I I I A. Tract No . B. F'teld No . I 100 0 c. PTadicl o. Acr9s I E. Total CJS [DATE ,DATE CATE -or--,ee.-or,1110-=-'-~--._.,.,,_,.....,_,......._....,.._-.--•--.,. •. ... • • • 0 ' . :, .. -:;;. ... -·· ~ ,. -···· ••,·;,._·- • G 0 • },~,~,;' __ ..::;.· ~""'"'~'-------.--,..... ·--·~ ~;-~.;.~-. ~·---·-.. _ ....... ·· ,.----------------- I ' ]- I I -1 I I i • • • <. #, ·,· ....... : . _.;· r. -' .....•_: .. 0 ., • • 0 ..... , 2 ,. ,· • • • . . ,, COUNCIL COMMUNICATION Date Agendaltem Subfect Ordinance to grant Utility Easement August 18, 1997 10 a iii Initiated By Department of Public Works I Staff Source Rick Kahm, Acting Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 53, Series 1996, approved an lntergovemmental Agreement with the Urban Drainage and Flood Control District for West Harvard Gulch improvements. RECOMMENDED ACTION Staff recommends Council approval of a bill for an ordinance granting a Utility Easement to the Public Service Company of Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDl!NTIFIED In February, 1997, the Urban Drainage and Flood Control District (UO&FCD) began improvements to West Harvard Gulch, located within our Northwest Greenbelt. During construction of the channel, an unanticipated utility pole relocation was required. Public Service Company has moved the utility pole approximately 130 feet north, and out of the construction area. The new location remains within our Greenbelt part<. The attached document grants an ....-nent 5 feet in width to Public Senrice Company . FINANCIAL IMPACT No consideration . UST OF ATTACHMENTS Easement Document Bill for Ordinance • • 0 l • ]- ORDINANCE NO . _ SERIFS OF 1997 • • • '· BY AUTHORITY A BILL FOR COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING A GRANT OF A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE RELOCATION OF A UTILITY POLE BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Public Service Company of Colorado baa requested a Utility Easement for the relocation of a utility pole; and WHEREAS, the Englewood City Council pueed Ordinance No. 53, Series of 1996 authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District for improvements to West Harvard Gulch; and WHEREAS , in February 1997 the Urban Drainage and Flood Control District began improvements to West Harvard Gulch, located within the City's northwest greenbelt; and WHEREAS, during the construction of the channel, an unanticipated utility pole relocation wu required, requiring Public Service to move the utility pole appromnately 130 feet north and out of the conatruction area; and WHEREAS, the n-location for the utility pole remaina within the City', greenbelt; and WHEREAS, thia Ordinance grantl Public Service ComJ)lllly an euement 5 feet in width for such relocation; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: $edigp 1. The Public Service Company of Colorado Euement for the relocation of a utility pole within the City of En,lewoocl'1 ,-belt ia hereby approved. A copy of said Easement i1 attached hereto u "Ezhibit A· and incorporated herein by reference . ~-The Mayor and City Clerk are hereby authorized to sip and attnt, respectively, the nid Euement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full , and paued on tint reaclinc on the 18th day of Au,uat. 1997 . • I - • . .. • • 0 I ]- • • • •, • Publiahed u a Bill for an Ordinance on the 21st day of August, 1997. Thomu J . Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enpewoocl, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on tint reading on the 18th day of Aupat, 1997 . -2- • • 0 , "" i • J - J • • i. • .. -=~ ---= ~ IE.aNfflent l.ocaciaft: Soylh pf v .... ----= Iam.mlaa Ayt ,od Wat pf TtiPo SI ......., MIINN: IIO 1 s• St · Ml 700 Plom Cs 19202 ·4251 t . -.No : -No.:D±II llll:.l..ll WlUQ W .OJJ .O.ICIIEG No Oll-72IIIO PUIUC SERVICE COMPANY OF COLORADO EASEMENT ~- The undersigned Grantor heraby acknowtedgn racaipl of good -v....,_ .....-acion from PUBLIC SERVICE CO. OF COLORAOO ICompanyl, 1225-17"' SlrNI, Danvar, Colorado , 80202-5533. in conoidafation of which Gr1ntorf1) hereby grants unto Hid Company, it1 succusors and aaigns. 1 non .. xctuaive eeeament to conatruct, -ale. maintain, repair , -raplaca ulHity lines -all flxturH and devicfl. UMd"' uNful in Iha --of said llnn. through, over, ...-, ac,on, and along • courN n said Ii"" may be harHflar con11ructed in LOTS llllimlL., Bl0Ck...ll...._ SUIOIVISION ....... !lwww in Iha D!.11! of Sactlon ...JI... Townthip !........lalb, Range ll.lbll of Iha Sixth Principal Maridian in Iha County of Arapahoa, State of Color-. the •-bllin9 dncriblld .. foMo-: An -t. oltuated in Lota 111, 17, 11 and 19. Block 13. IOUTHLA-GAIIDENS. • aubdlvialon located in the SW1 /4 of S.C,ion 21, Townallip 4 South, Aanga 811 Watt, of the Sixth Principal Maridlan, County of Ar-hoa. Color-. blltng 5 .00 fNt in width, 2 .50 f-on both --along Iha following dncrtblld canter1ina : lle9inning at• point on Iha•-Hna of Lot 19, -Block 13, said point being 115 .00 f-nonh of the Sou"-.. -of uid Loi 19; thanca In a aouth-arfy diraction 10 • point on Iha aou1h line of Lot 1 II . Mid Block 13, said point being 4 .00 f--of Iha Southa-cornar of said Lot 111 and Iha POINT OF TERMINUS .. The e....,,...t is A.ll!I '-in width. The Iida boundary -of Iha e.....,.,,, thali be lengthened and lhortenad e1 necHaary 10 encompas • continuoua ltrip of nol -t han Iha above width at eH point1 on GrantOl''t ~Y cronad by Iha above --e--ext-..V to Iha bound-of edjacant "'-"-· Togathar with Iha right to antw UIJGn uid .......... to _,.ay, conatruct, maintain, --· .....,, .......... control, end UN said utiHty linae and ralated llxl\lrff end -· -to -object9 interfering tharawith. including the trimming of 1'"9 and -· and tOfatl* with Iha right to UN eo much of Iha adjoining ...-of Grantor during aurvaylng, conatructlon. maint.......,, repair, removal . or ,..,._,,.,, of -utility -and ralated IIXl\lrff and -n may be raqund to permit Iha --of -utility -or ....., machi,-y . The Grantor -the right to UN end occupy Iha -for ---t with Iha rightl end privilaVN -granted end wllictl -not -with or --.., -of Iha said ~·• faciHtlN therein or UN tharaof. Such --by Iha Grantor lhal in no avwtt lncfucla Iha right to eract or -to be aracted -~ or atruet.,... UIJGn Iha -~ or to locate -molNle hDma or - unit1 thwaon. In cw of Iha parmanam --w,•nt of Iha -· al right, privlega, end inlerwt ~ -terminate. The -k of inatalling and maintaining -iMa end fix-lhal be -with ewe; Iha turfaca -,. Iha •-thali be r-tubatantlaly to itl Dfi9inal --condition . Si9nad thi1 _______ clay of----------'' 19 __ fTypa or print ,,_ below NCll lignatura -with offlcial -if corporation, part'*9hi!>, ate.I : STATE OF COI.ORAOO . COUNlYOF ) )la. ) .<.) • X ': • ' T A ' . ... . ' • • • 0 , - ]- .. --------------- & ~ PM IP 0 ! 15 ~ 0 ••• ----··j··--·--· ·@ s ... : ... ----------------:~ ___ ,..,u..., .... __ • ! e • I i : ~ i u . : I . ' . ______ ) ______ ····----------"' 1------~a,-------------~ I i; L 0 0 j I • • • I• • -----... --.... : .. -I r I r ~ I • I, 1, • 1:a 11: ~ I I ! ! ,,,_ • - .. • • 0 , ., I -• • I• • COUNCIL COMMUNICATION Date Agendaltem Sublect Acquisition of Home Lumber August 18 , 1997 10 a iv Property Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION September 26, 1995 -First Right of Refusal agreement between the City of Englewood and Guetz Enterprises . Resolution No . 60 Series of 1995 -Authorization to negotiate for the purchase of the Home Lumber Property and if negotiations are unsuccessful, then authorization is given to commence action in eminent domain for condemnation. RECOMMENDED ACTION Recommendation for authorization to complete the acquisition of the Home Lumber Property . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED An aquatic's leisure facility will be developed on the site . FINANCIAL IMPACT Property Acquisition Environmental Clean-up Total Cost UST OF ATTACHMENTS $385,000 S 65,000 $460,000 Proposed Bill for an Ordinance "'~ • . .. • • 0 , ~• ORDINANCE NO. _ SERIES OF 1997 . • • • ' ,, •. BY AUTHORITY ABILLFOR ,.. .. COUNCU. BILL NO. 79 INTRODUCED BY COUNCIL IIBIIBBR _____ ~ AN ORDINANCE AUTHORIZING THE PURCHASE OF HOME LUMBER PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood authorized the negutiatiODII of the pun:bue of the Home Lumber property by the puup ofa-,Jution No. 80, Series ofl995;and WHEREAS, the ownen of the Home Lumber property wiah to aell the property to the City; and WHEREAS, the City of Englewood Parb and Recreation Department will develop an aquatic leisure facility OD the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sedigp 1. The City Council of the City of Englewood, Colorado hereby authorizes the pun:bue of the Home Lumber property for $385,000.00 and environmental cleanup of$65,000.00 on that property. The Enplwood Pub and Recreation Department will develop an aquatic'• leisure facility OD the site. Sec;tipn 2. The City Manapr or his deaipee is hereby authorized to sip OD behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed OD 6nt reading on the 18th day al Aupat, 1997. Published aa a Bill for an Ordinance on the 21st day of Aupat, 1997. Thomu J . Buru, Mayor ATTEST : Loucriahia A. Ellis, City Clerk ·•- "~ • . ' ' .. • • 0 ]- • • • ·~ • <. ... I, Louc:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full , and paued on first reading on the 18th day of August, 1997. Louc:riahia A. Ellia -2- ' . .. • • • 0 r --I - - ; • • • C. • <, " COUNCIL COMMUNICATION Date Agenda Item Sublect Creation of a Code Enforcement Advisory August 18, 1997 10av Committee Initialed By Staff Source Safety Services Bob Moore , Division Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Staff has proposed the creation of a Code Enforcement Advisory Committee as a departmental advisory committee to review and make recommendations for improved service delivery. Council has held two work sessions on this topic. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance creating the Code Enforcement Advisory Committee. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11FIED " -' Per Council's request, this ordinance creates an 11 member departmental advisory committee, supported by three staff and two Council liaison members. The attached ordinance outlines the role of the committee . FINANCIAL •PACT No financial impact is foreseen as a result of the creation of thia commlttN. UST OF AffACHIIENTS Proposed Ordinance '• . .. .. . , • . ,J • • 0 I - • • ORDINANCE NO . SERIES OF 1997 • 0 • BY AUTHORITY A BILL FOR_ COUNCIL BILL NO . 78 INTRODUCED BY COUNCIL MEMBER.~~~~~~- AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDITION OF A NEW CHAPI'ER 10, ESTABLISHING A CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, code enforcement activities are important to the very essence of the City of Englewood's community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of code enforcement activities in the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood hereby approves amending Title 2, of the Englewood Municipal Code 1985, by adding a new Chapter 10, establishing the Code Enforcement Advisory Committee, which shall read as follows: 2-10: CODE ENFORCEMENT ADVISORY COMMITl'EE: 2-10-1: PURPOSE: THE CODE ENFORCEMENT ADVISORY COMMITTEE IS ESTABLISHED AS A DEPARTMENT ADVISORY COMMITTEE FOCUSED ON THE ACTIVITIES AND SERVICES OF CODE ENFORCEMENT AND REGULATORY PROCESSES OF THE NEIGHBORHOOD SERVICES SECTION OF THE DEPARTMENT OF SAFETY SERVICES. 2-10-2: COMPOSfflON AND MEMBEll8IIIP: THE COMMITTEE WILL BE COMPRISED OF ELEVEN (11) MEMBERS APPOINTED BY CITY COUNCIL, AND THREE (3 ) EX-OFFICIO STAFF MEMBERS APPOINTED BY THE CITY MANAGER AND TWO (2) COUNCIL LIAISON MEMBERS . THERE SHALL BE ONE (1) MEMBER FROM THE BUSINESS COMMUNITY; ONE (1) MEMBER FROM THE CHAMBER OF COMMERCE ; TWO (2) MEMBERS FROM THE CLEAN, GREEN AND PROUD COMMISSION, TWO (2 ) MEMBERS FROM ENGLEWOOD FOCUSING ON TOMORROW (EFOT); AND (5) FIVE MEMBERS AT- LARGE GIVEN TO GEOGRAPHIC REPRESENTATION . WITH THE EXCEPTION OF REPRESENTATIVES FOR THE BUSINESS COMMUNITY, ALL MEMBERS SHALL RESIDE WITHIN THE CITY OF ENGLEWOOD . 2-10-3: TERMS OF MEMBERS: MEMBERS WILL BE APPOINTED TO OVERLAPPING TERMS OF TWO (2) YEARS . THE CITY COUNCIL SHALL MAKE APPOINTMENTS TO FILL VACANCIES FOR UNEXPIRED TERMS. ,- •· • - - • • • t~ • . . 2-10-4: COMPENSATION: A THE MEMBERS OF THE COMMITl'EE SHALL SERVE WITHOUT COMPENSATION. 8. REASONABLE EXPENSES DIRECTLY RELATED TO PERFORMING THE DUTIES OF THE COMMITTEE SHALL BE ALLOWED . 2-lN: POWERS AND DUTIES: THE CODE ENFORCEMENT ADVISORY COMMITTEE SHALL HA VE THE FOLLOWING POWERS AND DUTIES : .. A. CONDUCT A COMPREHENSIVE REVIEW OF MUNICIPAL ORDINANCES INTENDED TO PREVENT OR ABATE SITUATIONS THAT ARE DEEMED DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AS PROVIDED PRIMARILY IN CHAPTER 15 OF THE MUNICIPAL CODE . THE COMMITl'EE SHALL MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR THE ADDffiON, DELETION AND REVISION OF ORDINANCES. B. REVIEW THE PROCESSES, PROCEDURES AND ADMINISTRATIVE FUNCTIONS OF THE NEIGHBORHOOD SERVICES DMSION. MAKE RECOMMENDATIONS TO THE CITY MANAGER OR lilSIHER DESIGNEE FOR IMPROVEMENTS . C . ESTABLISH ENFORCEMENT PRIORITIES FOR CITY STAFF TO FOLLOW TO ASSURE PROTECTION OF THE COMMUNITY UTIUZING THE RESOURCES PROVIDED . MAKE RECOMMENDATIONS TO THE CITY MANAGER OR lilSIHER DESIGNEE FOR ADJUSTMENTS TO CITY STAFF AND OTHER RESOURCES BASED ON THE NEEDS OF THE COMMUNITY. D. ACT AS A CONDUIT OF COMMUNICATION BETWEEN THE CITY AND THE COMMUNITY, AND GATHER AND ASSESS THE INFORMATION NECESSARY TO MAKE SOUND RECOMMENDATIONS TO THE CITY FOR SERVICE DELIVERY . 2-UM: APPOINTMENT OF On'ICEBS AND ADOP'l10N OF IWLES: A THE COMMl'ITEE SHALL ORGANIZE, ADOPT ADMINISTRATIVE RULES AND PROCEDURES AND ELECT FROM ITS MEMBERS SUCH OFFICERS AS IT SHALL DEEM NECESSARY TO ACCOMPLISH ITS PURPOSES. OFFICERS OF THE COMMITTEE SHALL BE ELECTED FOR ONE-YEAR (1) TERMS. NO OFFICER SHALL SERVE IN THE SAME CAPACITY FOR MORE THAN TWO (2) CONSECUTIVE TERMS . .. • • 0 f __ I • • • (. B. THE CHAIRPERSON MAY APPOINT SUCH STANDING OR SPECIAL SUB- COMMITTEES FROM THE MEMBERSIDP OF THE COMMITl'EE AS THE COMMITTEE SHALL DETERMINE NECESSARY OR USEFUL IN CARRYING OUT ITS PURPOSES AND POWERS. THE PURPOSE, TERM AND MEMBERS OF EACH SUB-COMMITI'EE SHALL BE DETERMINED BY THE CHAIRPERSON. 2-10-7: SUNSET PROVISION: THE CODE ENFORCEMENT ADVISORY COMMITl'EE AND THE PROVISIONS OF TITLE 2, CHAPTER 10, SIW.L TERMINATE IN FIVE (5) YEARS UNLESS THE COMMITI'EE AND THE PROVISIONS OF TITLE 2, CHAPTER 10, ARE RENEWED BY COUNCIL ORDINANCE. Sec;t;jon 2. Safety Clau1e1 The City Council, hereby find.I, determines, and declarea that this Ordinance ia promulgated under the general police power of the City of Eqlewood, that it ia promulgated for the health, safety, and welfare of the public, and that this Ordinance is 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 to the proper legislative object aought to be obtained. Sec;t;jgp 3. Sevcrability If any clauae, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be ad,judpd by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or ita application 1D other penona or circumstances. Section 4 Inconaiat,ent Ordjnancea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect gfmpul gr modjficatjon The repeal or modiflcation of any provision of the Code of the City of Englewood by this Ordinance shall not rel-. utinguiah, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under 1Uch provision, and each proviaion ahall be treated and held u still remaininc in forc:e for the purpmN al IUStainiq any and all proper actions, suits, proceedinp, and proeecutioaa for the enforcement al 111a penalty, forfeiture, or liability, u -n u for the purpose of auataininc any juqment, decree, or order which can or may be rendered, entered, or made in such actiona, auita, proceedinp, or prosecutions. Introduced, read in full, and puaed on fint reading on the 18th day of Aquat, 1997. Published u a Bill for an Ordinance on the 2lat day of Aucuat, 1997. Thomu J . Burna, Mayor ATTEST : Loucri1hia A. Ellis, City Clerk 3 • . • • 0 , I ]- • • " - • • I, Louc:riabia A Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and puaed OD ftnt readin( OD the 18th day of Auguat, 1997 . 4 • I • ' • • 0 '-I ORDINANCE Nclll SERIES OF 1997 . , i. • • • BY AUTHORITY (• COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE l, CHAPTER 5, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CITY COUNCIL SALARIES. WHEREAS, Council Member salaries have not been amended since the pusage of Ordinance No . 1, Series 1979; and WHEREAS, City Council desires to amend Title 1-5-8 of the Englewood Municipal Code 1985; and WHEREAS, Section 21 of the Englewood Home Rule Charter provides that salaries may be changed by Ordinance, but shall not be increaaed during the current term of the Council enacting such Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 1, Chapter 5, Secticm 8, of the Englewood Municipal Code 1985 to read as follows : 1-6-8: 8AIARIB8 OF G9l1tK'II YDlCOUNCD.. MEMBBBS: The monthly salaries of the 6e-eihal!ll COUNCIL MEMBERS are hereby fixed in the following amounts: Mayor Mayor Pro Tem Council.--MEMBER $700.00 $850.00 '800.00 Section 2. This Ordinance shall not increase the salary of • Council Member during their current term in office . Sectigp 3 Severahj)jty If any clause, sentence, parqraph, or part of thia Ordinance or the application thereof tD any penon or circumstances ahall for any reason be acijudged by a court of competent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of thil Ordinance or its application to other persons or circumstances. Section 4 In,;gn1ifknt Ordjpancee All other Ordinances or portions thereof inconsistent or conflictinr with thia Ordinance or any portion hereof are hereby repealed to the extent of 1uch inconaiatency or conflict. Introduced, read in full, and puaed on fint readinr OD the 4th clay of Au,ut, 1997. -I - I' - • ' 10b i .. • • 0 , I - • • • "" • • Published as a Bill for an Ordinance OD the 7th day of August, 1997. Read by title and puaed cm final reading on the 18th day of August, 1997. Publiahed by title u Ordinance No. _, SerieB of 1997, cm the 21st day of Auguat, 1997. Tbomu J. BurD.1, Mayor ATTEST: Louc:riabia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the abaft ad 6repiDs ia a true copy of the OrdiDaDce puNd OD &naJ reading ad publiabed by title u Ordinance No. _, Seriea al 1997 . -2- . , .. • • 0 l • - • • Date August 18, 1997 Initiated By • • • COUNCIL COMMUNICATION 10c i Staff Source .. Subject Resolution supporting Ballot Issue Number 10 Department of Public Works Rick Kahm, Acting Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action. RECOMMENDED ACTION Staff recommends Council pass a resolution in support of Ballot Issue Number 10, the Colorado Transportation Needs Act, which could increase Englewood's portion of the Highway Users Tax Fund by $407,000, annually. This ballot issue is scheduled to appear on the November 4, 1997 general election ballot. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Municipal League supports the Transportation Financing Ballot Initiative being promoted by the Citizens for Colorado Transportation Network (CTN). As stated in the attached memorandum from Acting Director of Public Works, Rick Kahm, dated July 31, 1997, the City of Englewood could realize increased funding in the amount of approximately $407,000 beginning in 1998, which would significantly improve the City's ability to accomplish needed major road improvement projects; funding for future paving district improvements; and increased funding for ongoing annual street and traffic maintenance needs, among others. These additional Highway User Tax Fund revenues would be allocated on a 60% state, 22% county, and 18% municipal basis and would provide the means for accomplishing extensive transportation maintenance and capital needs . FINANCIAL IMPACT It is anticipated the City will receive approximately $847,446 in Highway User Tax Funds for 1997. An approximate $407,000 annual increase in the City's transportation funding could be realized upon passage of this ballot issue . UST OF ATTACHMENTS Resolution Memorandum from Rick Kahm, dated July 31, 1997 . ' .. • • 0 l • - - TO: FROM: DATE: SUBJECT: • • ,. - MEMORANDUM Chuck Esterly, Acting City Manager /1~ Rick Kalun, Acting Director of Public Wo¥ t;: July 31, 1997 TRANSPORTATION FINANCING BALLOT INITIATIVE As you know, the Colorado Municipal League is supporting the Transportation Financing Ballot Initiative, promoted by the Citizens for Colorado Transportation Network (CTN). Basically, increases in the motor fuel tax, vehicle registration fees, and the creation of a "new wheels" tax could add about $33 million per year to the Highway Users Tax Fund (HUTF) for municipalities. The proposed annual share back formula of 18%, to municipalities would man approximately $407,000 extra for Englewood, beginning in 1998. The initiative sunsets on December 31, 2010. Passage of this initiative would provide the City with additional needed funding for: • Inca Street north, from Cinderella City to Dartmouth; • Inca Way south, from Inca Way/Jason to Windermere/Kenyon; • Girard Avenue, from Englewood Parkway to Elati; • Proposed Floyd Avenue improvements; • General ttaffic system upgrades; • Funding for future paving district improvements; • Increased funding for ongoing annual street and traffic maintenance needs. Additionally, increased revenue at the State and County levels will contribute to projects that may have a positive effect on our community. Most of us could be indirectly affected by projects included in the "Strategic Transportation Program" adopted by the Colorado Transportation Commission in 1996. Improvements to many highways in the State's intentate system, additional Santa Fe Corridor improvements, and proposed congestion improvements on l-25, US 6, and 1-70 will at sometime impeet all of us. Staff believes that this initiative is a "step in the right direction" to lddreu many of the Slate, regional, and local ttansportation improvement needs . We would recommend that City Council pall a raolution in support of Ballot Issue Number I 0, the Colorado Transportation Needs Act, which is being circulared for signamres for the November 4, 1997 General Election Ballot. I have attached a draft of a proposed resolution for your review and comment Please let me know if you would like to discuss this issue in further detail or have my additional questiou. /lw Aaach . ' • I • . • • 0 , I - RBSOLUTION NO. _ SERIES OF 1997 • • • • A RESOLUTION DECLARING ENGLEWOOD CITY COUNCIL SUPPO OF BALLOT ISSUE NUMBER 10, THE COLORADO TRANSPORTATION NEEDS ACT, WHICH IS BEING CIRCULATED FOR SIGNATURES FOR THE NOVEMBER 4, 1997 GENERAL ELECTION BALLOT. WHEREAS, a statewide transportation system that adequately moves people and goods is key to Colorado's economic health and quality of life; and WHEREAS, the state, counties and mUDicipalities face a well-documented shortfall in transportation funding of $13 billion over the nm 20 yean; and WHEREAS, a state wide ballot initiative t.o raise $2.5 billion over the nm 13 years t.o help fund this shortfall bu been proposed; and WHEREAS, the City of Englewood would receive a direct share of these revenues since tbeae additional Highway Ueer Tu Fund revenues would be allocated on a ~ state, 2H> county and 18'1> municipal basis; and WHEREAS, the City bu uteuive unmet transportation maintenance and capital needs; and WHEREAS, the eatimated $407,000 per year fir 13 yean that the City of Englewood would receive could sipificantly help addreu these needa by funding the following: • Inca Street aartb, from Cinderella City t.o Dartmouth; • Inca Way 110Utb, from Inca Way/Juon to Windermere/Kenyon; • Girard Avaue, from Enpewood Parkway to Elati; • PropONd Floyd Avenue improqmeats; • a-al trdlc -,.tem uppwdea; • Fundin, far future pavm, di81rict improvements; • IDcreuecl fuDdinc for onaom, annual street and traffic maint.eunce needs; and WHEREAS, the meuun would enable aeceleratioD of the critically needed ate praject improvements to the "Stratepc Tramportaticm Prop-am" adapted bJ the Colorado Transportaticm Commiuion in 1996, proridin, improvements to many bipwaya in the State's interstate system, additicmal Santa Fe Corridor impro,_ts and prapoeed conpstion improvements and proposed canpaticm im1u+ementa on 1-26, U.S . 6, and 1-70 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtjqp t . The City of.,.__. aqiparta propwd Ballot laue N--10, the Colorado Transportation N_.. Ad, becaU8e it prorida ......_~to the ltatawide tranaponation .,... -..u -dincdJ to the City far 1-1 tnmpartmcJa .,... impro•ements. • • 0 I ]- • • • ,... • • . . Sec;tign 3. The City encouraps its citizem to vote "YES" on Ballot Iuue Number 10, the Colorado Transportation Needs Act. ADOPl'ED AND APPROVED this 18th day of August, 1997 . Thomas J . Burm, Mayor ATTEST : Louc:ri.abia A. Ellia, City Clerk I, Louc:ri.abia A. Ellia, City Clerk for the City of Eqlewood, Colorado, hereby certify the above ie a true copy of Reaolutioo No ._, Seriee of 1997 . ,. -. ' •, .. • • 0 r --I -• ·, • <. COUNCIL COMMUNICATION Date Agenda Item Subject Approve Purchase of Catch August 18, 1997 10cii Basin Grates lnltllll9d By Staff Source Department of Public Works Rick Kahm, Acting Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 61, Series of 1996, appropriating funds from the Public Improvement Fund for purchase of Catch Basin Grates. RECOMMENDED ACTION Staff recommends Council approval, by malon, for pun:haae of catd'I Bain Gnd9s in lhe 8fflOl.l1t of $27,'488.75 from lhe low bidder, C & C Supply. C & C Supply Company has supplied Englewood with bicycle safe catch basin grates since 1992. BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIFIED In 1992, the City began a program to replace all stonn grates in the City of EngleM>Od wilh grates that are bicycle sate . To date, approximately 700 grates have been replaced. The 1997 program will replace an additional 293. It is anticipated that al remaining grates wil be replaced in 1998. Two bids were received for this project as detailed in the attached Bid Proposal Tabulation. Funds for this project are available in the Public Improvement Fund (Account No. 03-96) in the amount of $30,278.00. UST OF ATIACHIIENTS Bid Proposal Tabulation ' I ... • • 0 I -• • ·, • City of Englewood Bid Tabulation Sheet Bid Opening Date: 7/23/199711:00 a.m. Bid Item: 7-118 Catch Basin Grates Catch Basin catch Basin Vendor Grates A Grates a Total Adam• City llfr. Company 303-Jll-0141 1770 8tlflhmn Blvd. Commen:e City, Co. ,0022 c..rtnp Inc. Att: lla,f( 970-243-2032 POBoxH9 Grand Junction, Co. 11502 Clay Bal,.y Mfr. Company 111-924-3900 P08oxl021 ICanaa City, llo. IU12t Conatructlon Anchors, Inc. 111-525-3,UO 13900 E. 350 Hwy. Kanan City, llo. IU131 DNtw Foundry, Inc. Att: Sa#N, 402-4fU-74H I 11,NI.OO I l,IM.00 127.542.00 P08ox2970I Uncoln, Ne. a52t &ton ,,.,., "'°'*"* Co. 303--.....00 4803 YOlfl SD'Nf Denver, Co. 80211 Fauat Precut Company 303-.... 1123 11n Brandon Drive Littleton, Co. 80125-9713 Ferr,uaon En,.,,,,,._ 303-320-4a33 3125 E""" Ave. Denver, Co. 80218-3001 . ' • . Exceptions: NO RESPONSE .. NO RESPONSE NO RESPONSE NO RESPONSE NON> NORESPONIE NORESPONIE • • 0 , I • "~ ' . . ' ]-,., • . • (,t • '· Cn:h Bain Catch Bain Vendor GmN A Graae B Total Exceptlona: a,.... w..t Dlatrtbutots NO RESPONSE 71fMt5.2251 1'0Box7117 Colorado Sp,1np. Co. ICNW Neenah Foundry Company NO RESPONSE IAtt: Jeff Rebman ,oow 11175 l'0Box72t Neenatt, wr. 5"57 w.r.m,.,,~ NO RESPONSE 31f.Z7f.fl20 1'0BoxN2 Ganten City, Ka 17141 C&CSupply 303-21f.l014 $11,137.10 $ 1,131.21 $27,411.71 1150 l'ontJec S.... Commerce City, Co. I0022 • • • 0 C.-... 0.-.Ta ---~--.. I - Date August 18, 1997 lnltlabtd By • • t• . • ' <. COUNCIL COMMUNICATION Agendaltem 11 a i SbdfSource ,,_ Sublect Proposed bill for an ordinance removing criminal penalties for minor traffic violations City Council Nancy Reid, Assistant City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The goal is to incorporate some civil aspects into the Englewood Municipal Court system. There has been no previous Council Action. RECOMMENDED ACTION Staff recommends the passage of this Ordinance amending Title 1, Chapters 4 and 7; and Title 11, Chapter 1 and 1 B, of the Englewood Municipal Code 1985, which establishes a new decriminalization program decriminalizing minor traffic violations and provides for a civil remedy. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED Minor traffic violations are easily and efficiently handled as civil matters. Several municipalities in the Denver Metropolitan area are currently using this system. This system should streamline the large volume of minor traffic violations by eliminating a mandatory court appearance and by providing for a civil collection by placing a hold on the renewal of drivers licenses for any who do not pay the penalty imposed. It is expected that this will result in a minimal financial impact. It is estimated that there will be a reduction in costs associated with failures to appear and l'98Ulting warrants. There is expected to be a reduction in actual courtroom time used. UST OF ATIACHMENTS Proposed bill for an ordinance . . , • .. • • 0 r '>,.. I ' . -. I' •~I' - • • ,. - • • ,, ,_, BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997 COUNCll. BILL NO. 77 ::1~IL ABILLFOR AN ORDINANCE AMENDING TITLE 1, CHAPl'ERS o& AND 7 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND BY ADDING A NEW CHAPl'ER 1B TO TITLE 11, REMOVING CRIMINAL PENALTIES FOR SOME TRAFFIC VIOLATIONS. WHEREAS, a criminal violatiOD with potential jail time is not appropriate for mOllt minor traffic offenses; and WHEREAS, truly serioua cbarpe such u recld-driTIDg and driving without imurance would remain criminal offeDSes; and WHEREAS, the procedural requirements for criminal violatiom of minor traffic of£enaM creates a burden OD the court; and WHEREAS, a procedure for paying in the penalty without a mandatory court appearance for mOllt minor traffic offeDSeB would streamline the municipal court procedures; and WHEREAS, payment of traffic infractiODB would be IIIIIIUl'9d by the civil remedy of placing a hold on the renewal of a driver's liceue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sm;tipn 1. The City Council of the City ofEqlewood, Colorado hereby amends Title 1, Chapter,, Section l, by the addition of a DeW Subeediaa D, wbicb. lb.all rwl u followa : 1-4-1 : GENERAL PENALTY: D. EVERY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION STATED OR ADOPTED WHICH IS DESIGNATED AS A "TRAFFIC INFBAcrION" AND FOR WHICH A PENALTY IS PAID OR PAYABLE AT THE '"l'RAFPIC VIOLATIONS BUREAU" Slw..L BE PUNISHED BY A PENALTY NOT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). THERE SHALL BE NO IMPRISONMENT FOR TRAFFIC INFRACTIONS. Section 2. The City Council of the City of Eqlewood, Colorado hereby amends Title l, Chapter 7, of the Eqlewood Municipal Code 19815, which lb.all rud u follows: 1-7-1: COURT CB.BATED: A Municipal Court in and for the City is hereby created and established. 1-7-2: JUIUSDlcrION, POWEii: A. The Municipal Court lb.all ba'ff on,iDal jariadictiaD of all -ariaiq IIDder the Code of Onlineacea of the City with full poww' to can, the w into .a.ct IIDd to puDilb Yialatiaaa thereof by the impoeitiOD of such 1w and pmaltiM u iD IUcb Code pa,mded; it lb.all have ---~- • • 0 :,-.::'I: I -• • • . . ... all powers incident to a court of record in relation to the attendance ofwitnesaes, the punishment of contempt, iaauance of warrants and enforcing of orders of the Court. B. Definition. Misbehavior of any person in the presence of the Court, or misbehavior 80 near there to as to obstruct the administration of justice, misbehavior of any officer of the Court in his official tramac:tiona and disobedience or resistance of any person or int¢erence with any lawful proc:eu, order, rule, or command of the Englewood Municipal Court or any act or omiuion designated as CODtempt by this Code or the Colorado Municipal Court Rules of Procedure shall constitute contempt. C. In Presence of Court. When contempt ia committed in the presence of the Englewood Municipal Court, it may be punished IIWIUIUlrily. In such a cue, an order shall be made recitinc the facts c:onstitutill( the contempt, adjudginc the contemner guilty of contempt and prescribing the puniabment therefor. D . Out of Preaence of Court. When it appears to the Court by motiOD supported by affidavit that a contempt baa hem committed outside of the prmence olthe Court, the Court may u parte order a citation to issue to the person 80 charged to appear and show cause at a time designated why he shall not be punished therefor. However, in the cue where a person faila to appear at a court hearing after being ordered to do 80 by a properly uec:uted document, either the Court sua IIJ)ODte or on motion, may order such citation supported by a copy of the uec:uted document requiring attendance in lieu of the affidavit. The citation and a copy of the supporting doc:umeta shall be served upon such person a reasonable time before the time deaipated, or, if the Court 80 orders, when the citation ia iuued or thereafter, a warrant for his ureat may iaaue to any peace officer. Such warrant shall fix the time for prodw:tiOD of the persOD into Court. The Court shall direct by endonemet thereon the amount of bail or bond required. Such perllOD shall be diachupd upon delivery to and approval of any peace officer or clerk of a court of -.I, so deeipated by a Police Chief, sheri1f, or judp of a court of nic:ord of a bODd c:oneapoadinc to the requirements establilbed by the Court. If he faila to make bODd, he shall be kept in c:uatody subject to an order of the Court. E . The Court shall hear mdeDce for and apinat the persOD c:harpd and it may find him guilty of CODt.empt and by order ..-,ibe the ptlDi•b-t therefor. The mu:imum puuiabment that can be impoNd ia as ia Nt forth in Section 1-4-1 ofthia Code. However, in impoainc p•uiab-t for CX1D1wDpt OD miDon, the Court ia not limited to the ratrictioDa of Section l+lB o{tlua Code but c:aanot adJudce c:m6nement in arm offorty-eipt (48) houn. Alao, the Court may im.pme c:oata of the CODtempt proc:eedinp. F . No Contact Orden prior to trial. 1. For the purpoN al this Section the followinc ddnitiOD applies : No Contract Order - an Order iaaued by the Judp of the Englewood Municipal Court prohibitinc • persOD from initiatiq any CX!Dtact with another persOD at any place or tbrouch any meana deaipated in the Order for a period of time desipated in the Order. However, a restrieied contact can be provided for in such Order under limited conditiona, times, placea, and circumatancea. 2. The Judp of the Enpewood MUDic:ipal Court may, in his diac:ntion for sood cauae shown, ieaue a No Contact Order apinat defendants Won trial when the iaauance of auch Order ia to prot.ect the aafaty olpanaaa or pn,mt damap to property. 2 -~c...:I..., ,,,1, .. • • 0 I I ]- • • • • ,, 3 . The Municipal Court Judge may require a surety bond to enaure that said defendant aball obey the No Contact Order. Upon a violation oftbe No Contact Order by the defendant, the Court can order forfeiture of the bond. 4. Each violation of a No Contact Order is a separate contempt and can be punished as provided in subeec:tion l-7-2E above. G. 1. The Judge of the Englewood Municipal Court may, in bia/her diac:retion, issue temporary and permanent reatraining orders to prevent domestic abwie whether or not such relief could be obtained in a domestic relations action tiled in a district court. 2 . Action to obtain such relief ii initiated by filing a complaint, duly verified, alleging that the defendant bas committed am comtituting domestic abwie agamst the plaintiff' or a minor child of either of the parties. Upon the filing of such complaint after hearing the evidence and being fully satisfied therein that sufficient cawie emta, the Municipal Judge may issue a temporary reatraining order to prevent domestic abwie and a citation directed to the defendant, commanding the person to appear before the court at a specific time and date, to show cawie, if any, why said temporary restraiDiog order should not be made permanent. 3 . H, at the hearing held by the Municipal Court Judge upon the filing of such complaint, tbe defendant is present and participates in the bearinc, the Municipal Court Judp if otbarwise satisfied proper cauae is shown, may iuue a permanent reatraining order. 1-7-3: Ol'PICBll8 OF '111B COURT: A . Auociate Municipal Judp. .A. ~. the City Council may appoint one or more Auociate Judpa who sbaU sit at such times and upon such cauaa u sbaU be determined by the presiding Municipal Judp. When actually performing judicial duties, such Auociate Judge sbaU bave all the jurisdiction and power of a Municipal Judge and bia orders and judgmenta sbaU be tbaae of the Munic:ipal Court. The uaociate Judp sbaU bave the same qualificaticma u the Municipal Judp. B. The ..-by wbic:b an Auociate Jadp is Nlec:ted and tbe terms of the Alaoc:iat.e Judp shall be u follows: 1. Auociate .Judpa aball be appamted by City Coancil, by reaolutiOD. 2 . The term of tbe Auociate Judp appointmmta aball be four (4) years. 3 . At Council diacretiOD, ~ Judpa may be rMppOinted . The incumbent Auociate Judpa' terms would be four (4) years commending January 1, 1985, apiriDI January 1, 1989 . Dutiee And Powen Of Clerk: The dutiee of the Clerk of the Court aball be to keep a niaiater of the acticma in the Court, includia, all r-and mOD.eY collected, and an indu thereof; to pay over to the Director of Financial Semcea all feell, tlDN and penalties received duriq the pnc:edinc Court day, and to pnpare and bep a clacbt for the Court in wbic:b tbe judpamta in each caN aball be nat.ed tbanof, inclwtinc a docbt of all -from which an appeal bas been tabn. The Ciak and uutanta sbaU baYe power to admini,._. oatba and afflnnatiou in all Municipal Court matten and may iaue writa and nodcN, inclwtinc cap~. aubpoenu, IWIUll-and encutiOD.a in all caaes C011W11 witbiD the 3 ------- .. • • 0 l - - • "' - • • ,, jurisdiction of said Court as authorized in this Code. The Clerk shall prepare all writs, subpoenas, complaints and other papers pertaining to the business of the Court; provided, no such writ, subpoena, complaint, summons or other paper shall be deemed insufficient hereunder because prepared by any person other than the Clerk of the Municipal Court or his/her assistants. The Clerk shall also be the Jury Commissioner of the Court. 1.7-4: VIOLATIONS BUREAU: A . VIOLATIONS Burgy Cr:eawj: The Municipal Judge may establiah a Violations Bureau to assist the Court with the clerical work of Code, ordinance AND TRAFFIC violations. The Bureau shall be admioistered by such person or penom as the Qi., !f pr MUNICIPAL JUDGE, WITH APPROVAL OF THE CITY COUNCIL THROUGH THE BUDGETING PROCESS, may designate and subject to such policy rules and regulations as the Municipal Judp may promulpte S.. a-b ll lie opaateli ill ee~---. ..... tlhe 'A'aflie ViellliillM a ••• ..tlillll.ell 1117 the II••• 'l'Paae QMle MllpNll 11,. Seetiea 11 1 1 eftihia Qe•e • *9 •-!-,, lie a-• uc:u.'le.: raH dad• reall1p'81l AND SHALL FOLLOW SUCH PROCEDURES AS MAY BE PRESCRIBED BY THE ENGLEWOOD MUNICIPAL CODE OR AS MAY BE REQUIRED BY ANY STATE LAWS. B . Dutjee Of VIOLATIONS Burgy· The following duties are hereby imposed upon the Violations Bureau in reference to ofl'enses for violations ef FOR which the Violations Bureau is authorized to i.ccept fines, PENALTIES, FEES, COSTS, AND SURCHARGES. 1. It shall accept fines, PENALTIES, FEES COSTS, AND SURCHARGES, iseue receipts and represent in Court the violat.on from whom it has accepted fines, PENALTIES, FEES, COSTS, AND SURCHARGES. 2. It shall receive and iuue ~pts for bail &om the person who must, or wiehes to be heard in Court; enter the time of his appearance on the Court calendar; and notify the arresting officer and wiio-, if any, to be present. 3 . It shall keep A record of all violatiom .FOR which each person hu been FOUND cuilty within the prec:ectinc twelve (12) lllOlltba, whether such cuilt wu establiahed in Court or in the Violatiom Bureau. C . BomnSe pf Cogrt· The Court aball keep nicorda and submit IIUJIUUriaed quarterly reports to the City Council of cues fi1ecl, TRAFFIC VIOLATIONS FILED, bee, PENALTIES, FEES, COSTS, AND SURCHARGES eedft ak and other Municipal funda collected, warrants iuued, heariDp held, and such other and farther iDfi:lrmation n-.ry or reuonable in the circ:wDltancee. Said record.I shall be public nicorda, escept u otherwiee provided by law . D. E . Ssboctvle of Fina PENALTIES FEES COSTS AND SURCHARGES : The Municipal Judp shall deaipate the ordinaDcee and NCtioDa ofthia Code and any code adopted by this Code for violation of which payment of ftnea , PENALTIES, FEES COSTS, AND SURCHARGES, may be accepted by the Violatioaa Bureau, and aball apec:ify, by suitable schedulee, the amOWlt of such fines, PENALTIES, FEES, COSTS, AND SURCHARGES for ftnt, aecond or sublequent ofremu, provided aucb bee, PENALTIES, FEES, COSTS, AND SURCHARGES are within the limita pnmded by law, and llhall further apecify whether repetition of such ofremu ahall 1'9qUin an appeanrace Won the Municipal Court. Optjm tp A911Nr; Any penm charpd with an .__ OR TllAFFIC INFRACTION for which payment may be made to the Vaolatiom 8-u llhall haft the optiaD ti. .. "" . :' ·~~- • . ., • • 0 , I - ]-- • ,. - ,. • I • • . . 1. Paying suc:h fiDeS , PENALTIES, FEES, COSTS, AND SURCHARGES within the time specified in tbe citation, • notice of arrest OR OTHER CHARGING DOCUMENT at tbe VIOlatioaa Bureau, upon entering a plea of cuilty and upon waiving an appearance in Court; or ,. 2. Depositing any required lawful bail, and upon a plea of not cuilty, shall be entitled to trial as authorized by law. The payment ofefiDeS, PENALTIES, FEES, COSTS, AND SURCHARGES to said VIOLATION Bureau aball be dNmed an acbowledpaent of a violation of the desipated Code NCtiOD or ordinaDc:e, and tbe VIOLATION Bureau, upon accepting tbe preec:ribed fine, PENALTIES, FEBS COSTS, AND SURCHARGES, aball iuue a receipt to the violator aclmowledgiq payment thereof. 1-7-5: COURT COS'l'S: A. Court, Jury and WitDNa Coeta. The Judp aball tu and collect as coata in every cue brought before him a fee of fifteen dollan ($15.00), and for a trial to a jury the coeta aball be forty-five dollan ($45.00). In additiOD thereto, each member of a jury panel who aball attend the Municipal Court aball receive as compensation therefor the sum of three dollan ($3 .00), and each juror who aball att.end the Municipal Court aball be entitled to a juror's fee of six dollan ($6 .00) per day or part of a day in which said juror aball be in attendance. Each witneu called by tbe City, except officers or emplayees of the City, shall be paid a witneu fee of five dollan ($5.00) for each day or part of a day in which be aball be in attendance. Such jury and witnea C.. ahall be a-.ed as a part of the coata, and all suc:h coata ahall be UNNed apimt tbe defendant in the event he aball be found guilty. B. Costa for Service or EucutiOD. The Municipal Court may -apinat a defendant all coata of any proceu, writ or warrant iuued by it, including the C09t of service, commitment or incarceration. 1-7-6: COURT BBCOBD8: The Municipal Court aball keep a verbatim record of the proceedinp and mdence at triala by either electric devicN or ~ meam. Sc,ctjqp 3. The City Council altbe City allnal-ood, Colorado benby amendl 'ntle 11, Chapter 1, SectiOD 10, oftbe Eqlewood Municipal Code 1985, wbidl lball read u foUowa : 11-1-10: PIINAL'IIB8 PBNALTY: The tbUowiDr .2 .. Mi• PENALTY, lw::uwillt ... fuallt ill fell, ab.all apply to thil Chapa: A. It is unlawful for any penoo to violate any of the proviaiom stated or adopted in thia Chapter. B. Every person convicted al a TRAFFIC violatiOD aE-, p.e, •• 1t1h • • ••F•• ill lltie ~ ahall be puniabed II,• 1M ... 1•111-, fhe INaa• •,a... EIH8.98), • II, im!l'l•rn•••• • 1•11 iilar -h••• ..,. (188) _,.., • II, llellt , .. Ille a ilepnea-•a._ IN ACCORDANCE WITH 1+1 E.M.C .. Sgtjpp *· The City Council al tbe City al Bqlawood. Colando hereby amendl 'ntle 11, by tbe additiOD al• new Chapter 18, al the lapwood Municipal Code 1985, mtided Trdlc Violatian Procedurea, which 1ball read u Collows : 11-lB-l: 'l'BAFPIC VIOLATION PIIOCmXJIID: 5 .. _._ :''"Ir . ' • • 0 I ,. :v. I ]- - • • ,. ·~ • <. A. DEFINl'l'IONS: THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN TIDS CHAP1'Bll SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN TIDS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING. IN THE EVENT OF ANY CONFLICT BETWEEN THE MODEL TRAFFIC CODB AND THE DEPINITIONS CONTAINED IN TIDS SECTION, TIDS SECTION SHALL BE CONTROLLING: CHARGING DOCUMENT: DEPENDANT: JUDGIIENT: PENALTY: TRAFFIC INFRACTION: TRAFFIC OFFENSE: MEANS THE DOCUMENT COMMENCING OR INITIATING THE TRAFFIC VIOLATION MATI'ER WHETHER DENOTED AS A COMPLAINT, SUMMONS AND COMPLAINT, CITATION, PENALTY ASSESSMENT NOTICE, OR OTHER DOCUMENT CHARGING THE PERSON WITH THE COMMISSION OF A TRAFFIC VIOLATION. MEANS ANY PERSON CHARGED WITH THE COIIMISSION OF A TRAFFIC VIOLATION. IIBANS THE ADMISSION OF GUILT OR LIABILITY FOR ANY TRAFFIC VIOLATION, THE ENTRY OF JUDGMENT OF GUILT OR LIABILITY, OR THE ENTRY OF DEFAULT JUDGIIENT AS SET FORTH IN TITLE 11, CBAPTBBS 1A OR 18, AGAINST ANY PERSON FOR THE COIIIIISSION OF A TRAFFIC VIOLATION. MEANS THAT FINE ANDIOR IMPRISONMENT DIPOSBD PURSUANT TO SECTION l+l OF TRISCODE. IIBANS EVERY VIOLATION OF ANY PIIOVISION OF TITLE 11, CHAPTEJl 1 AND TIDS CHAPTBJl 1A, RELATING TO TRAFFIC OR ANY PIIOVISION OP THE YODEL TRAFFIC CODB, AS ADOPTBD OR AIIBNDBD BY THE CITY, EXCBPT TR08B TL\fflC VIOLATIONS DEFINED AS TRAFFIC OPPBNSES. IIBANS THE FOLLOWING OFFENSES AS SBT PORTH IN TRIS CHAPTER OR IN ARTICLE I OF THE YODEL TRAFFIC CODE AS ADOPTED AND AIIBNDED BY THE CITY: (1) SBC . 1903 IITC: STOPPING FOR SCHOOL BUSBS. (J) DCS. 1101.llO'Z.llOS. 111M IITC: BASIC SPIED auu:s · INCWDING DECBEASING OF SPEED LDllTS, ALTBJUNG OP SPBBD LDIITS AND BLBVATBD S'l'llUCTUBBS SPUD LIIOTS mill WHIM 'ffll SPIBD AI I BOID J8 oUADI • .. • • 0 .. TRAFFIC VIOLATION: • • t~ • THAN 19 MU,f.S PER HOUR OVER THE POSTED SPEED J.WIT (3) SEC. 1105 MTC SPEED CONTESTSIEXHIBfflON OF SPEED. (4) SEC. 1401 MTC: RECKLESS DRIVING. (I) SEC. 1402 MTC : CARELESS DRIVING. (8) SEC. 1409 MTC : COMPULSORY INSURANCE- PENALTY, AS AMENDED BY 11-1-18(21) E .M.C. (7) SEC. 1'13 MTC : ELUDING OR ATl'EMPl'ING TO ELUDE POLICE OFFICER. MEANS ANY VIOLATION OF TITLE 11, CHAPTERS 1, 1A OR 18, WHETHER OR NOT SUCH VIOLATION IS A TRAFFIC INFRACTION OR A TRAFFIC OFFENSE. 8 . TRAFFIC INFRACTIONS NOT CRIMINAL: ALL TRAFFIC INFRACTIONS ARE DEEMED AND SHALL CONSTITUTE CML MATTERS AND ARE NOT CRIMINAL VIOLATIONS . C . NO JURY TRIAL FOR TRAFFIC INFRACTIONS : 1. A DEFENDANT BROUGHT TO TRIAL SOLELY UPON A TRAFFIC INFRACTION SHALL HA VE NO RIGHT TO A TRIAL BY JURY AS CONTEMPLATED BY CRS § 13-10-114 OR RULE 223, OF THE MUNICIPAL COURT RULES OF PROCEDURE. TRIAL OF ALL TRAFFIC INFRACTIONS SHALL BE TO THE COURT. NO DEFENDANT FOUND LIABLE FOR A TRAFFIC INFRACTION SHALL BE PUNISHED BY IMPRISONMENT FOR SUCH TRAFFIC INFRACTION. 2. TRIALS FOR TRAFFIC INFRACTIONS SHALL IN ALL OTHER MATl'ERS BE SUBJECT TO THE SAME PROCEDURES AS ANY OTHER MUNICIPAL ORDINANCE VIOLATION . D . RIGHT TO JURY TRIAL FOR TRAFFIC OFFENSES: E. 1. ANY DEFENDANT CHARGED WITH ANY TRAFFIC OFFENSE SHALL HAVE THE RIGHT TO A JURY TRIAL UPON PROPER PERP'ECI'ION OF A JURY TRIAL DEMAND PURSUANT TO RULE 223 OF THE MUNICIPAL COURT RULES OF PROCEDURE. 2. IF A DEFENDANT IS CHARGED WITH MORE THAN ONE TRAFFIC VIOLATION ARISING OUT OF THE SAME INCIDENT AND AT LEAST ONE OF THE CHARGED TRAFFIC VIOLATIONS IS A TRAFFIC OFFENSE, THE DEFENDANT SHALL HAVE THE RIGHT TO DEMAND A TRIAL BY JURY AS SET FORTH IN SUBSECTION (1) OF TIDS SECTION AS TO ALL VIOLATIONS, WIDCH SHALL BE CONSOUDATED FOR PURPOSES OF TRIAL. COMMENCEMENT OF TRAFFIC INFRACTION ACTION . AN ACTION UNDER TIDS CHAPTER CHARGING A TRAFFIC INFRACTION IS COMMENCED BY THE TENDER OR SERVICE OF A CHARGING DOCUMENT UPON THE DBFENDANT OR BY CONSPICUOUSLY ATl'ACIUNG A PARKING TRAfflC INFRACTION DOCUMENT TO THE SUBJECT VEHICLE AND BY FILING THE CHABGING DOCUMENT WITH THE MUNICIPAL COURT. 7 ---~--....... ,1, ... L • • 0 ] ----------------------.--------------,~--------------- F . G. - C PAYMENT OF TRAFFIC INFRACTION PENALTY WITHOUT APPEARANCE: 1. THE CLERK OF THE COURT SHALL ACCEPT PAYMENT OF A TRAFFIC INFRACTION PENALTY BY A DEFENDANT WITHOUT AN APPEARANCE BEFORE THE COURT UNDER THE FOLLOWING CONDmONS: a. IF PAYMENT IS MADE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRTIETH DAY FOLLOWING THE DATE OF ISSUANCE OF THE CHARGING DOCUMENT . b . IF PAYMENT IS ALLOWABLE BY MAIL, TELECOMMUNICATIONS, ELECTRONIC MEANS, OR AT THE TRAFFIC VIOLATIONS BUREAU UNDER THE FINE SCHEDULE. C. AT THE TIME OF PAYMENT, WHICH SHALL INCLUDE ALL COSTS , FEF.S, AND SURCHARGES REGULARLY ASSESSED BY THE COURT; AS THE SAME ARE REQUIRED FOR DEFENDANTS PLEADING OR BEING FOUND GUILTY OF NON-CIVIL MUNICIPAL VIOLATIONS, THE DEFENDANT SHALL SIGN A WAIVER OF RIGHTS AND ACKNOWLEDGMENT OF GUILT OR LIABILITY UPON A FORM APPROVED BY THE COURT. 2. TIDS PROCEDURE SHALL CONSTITUTE AN ENTRY IN SATISFACTION OF JUDGMENT. TRAFFIC INFRACTION FIRST APPEARANCE: 1. IF THE DEFENDANT HAS NOT PREVIOUSLY ACKNOWLEDGED GUILT OR LIABIUTY AND SATISFIED THE JUDGMENT ON THE TRAFFIC INFRACTION, HE OR SHE SHALL .APPEAR BEFORE THE COURT WITHIN THE TIME PERIOD SCHEDULED FOR FIRST APPEARANCE . 2. THE DEFENDANT MAY .APPEAR IN PERSON OR BY COUNSEL WHO SHALL ENTER AN .APPEARANCE IN THE CASE; PROVIDED, HOWEVER, IF AN ADMISSION OF GUILT OR LIABllJTY IS ENTERED, THE COURT IIAY REQUIBE THE PRESENCE OF THE DEFENDANT FOR THE ASSBSSIIENT OF THE PENAl,TY. 3 . IF THE DEPENDANT APPEARS IN PERSON, HE OR SHE SHALL BE ADVISED OF THE FOLLOWING: a . THE NATURE OF THE TRAFFIC INFRACTION ALLEGED IN THE CHARGING DOCUMENT; b. THE PENALTY, FEES, COSTS AND SURCHARGE'S THAT IIAY BE ASSESSED, AND THE PENALTY POINTS THAT MAY BE ASSESSED AGAINST l:US OR HER DRIVING PRIVILEGE; C. THE CONSEQUENCES OF THE FAILURE TO APPEAR AT ANY SUBSEQUENT HIWUNG, INCLUDING ENTRY OF JUDGMENT AGAINST THE DEFENDANT AND REPORTING THE JUDGMENT TO THE STATE MOTOR VEHICLE DIVISION WHICH IIAY ASSESS POINTS 8 . ' " .. • • 0 •• -4 : ''1 l , I - - • • • • • . • ' (. AGAINST HIS OR HER DRIVING PRMLEGE AND MAY DENY AN APPUCATION FOR A DRIVER'S LICENSE; ,,,_ d. HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY AN ATl'ORNEY AT HIS OR HER EXPENSE; e. HE OR SHE HAS THE RIGHT TO DENY THE ALLEGATIONS AND TO HAVE A FINAL HEARING BEFORE THE COURT; f. HE OR SHE HAS THE RIGHT TO REMAIN SILENT BECAUSE ANY STATEMENT MADE BY THE DEFENDANT MAY BE USED AGAINST HIM OR HER; g . GUILT OR LIABILITY FOR A TRAFFIC INFRACTION MUST BE PROVEN BEYOND A REASONABLE DOUBT; h. HE OR SHE HAS THE RIGHT TO TESTIFY, SUBPOENA WITNESSES, PRESENT EVIDENCE, AND CROSS EXAMINE ANY WITNESS ; i. ANY ANSWER MUST BE VOLUNTARY AND NOT THE RESULT OF UNDUE INFLUENCE OR COERCION ON THE PART OF ANY PERSON; AND j . AN ADMISSION OF GUILT OR LIABILITY CONSTITUTES A WAIVER OF THE RIGHTS IN THE SUBSECTION AND ANY RIGHT TO APPEAL. 4. THE DEFENDANT PERSONALLY OR BY COUNSEL SHALL ANSWER THE ALLEGATIONS IN THE CHARGING DOCUMENT EITHER BY ADMITTING GUILT OR LIABILITY OR BY DENYING THE ALLEGATIONS . 5. IF THE DEFENDANT ADMITS GUILT OR LIABILITY, THE COURT SHALL ENTER JUDGMENT AND ASSESS THE APPROPRIATE PENALTY, FEES, COSTS AND SURCHARGES . H . JUDGMENT ON TRAFFIC INFRACTION APTER FINAL HEARING: 1. IF THE DEFENDANT IS FOUND GUILTY OR LIABLE, THE COURT SHALL ASSESS AN APPUCABLE PENALTY AND SUCH ADDfflONAL COSTS AND FEES THAT ARE OTHERWISE GENERALLY IMPOSED IN NON-CIVIL MUNICIPAL OFFENSES TOGE'fflER WITH APPUCABLE FEES, COSTS , AND SURCHARGES . 2. THE JUDGMENT SHALL BE SATISFIED UPON PAYMENT TO THE CLERK OF THE MUNICIPAL COURT OF THE TOTAL AMOUNT ASSESSED. 3. IF THE DEFENDANT FAILS TO SATISFY THE JUDGMENT UPON THE FINDING OF GUILT OR 1JABIL1TY OR WITHIN THE TIME OF A REASONABLE EXTENSION GRANTED UPON A SHOWING OF GOOD CAUSE BY AND UPON THE APPUCATION OF THE DEFENDANT, SUCH NONPAYMENT IN THE PULL AMOUNT OF THE PENALTY, FEES, COSTS, AND SURCHARGES, IF APPLICABLE, SHALL BE TREATED AS A DEFAULT . A DEFAULT SHALL BE cmIFIED TO THE STATE MOTOR VEHICLE DIVISION FOR ENFORCEMENT ACTION. 9 --~ ------- • . • • 0 I --I • . , . • . . I. TRAFFIC INFRACTION P05r-HEARING MOTIONS: THERE SHALL BE NO TRAFFIC INFRACTION P05r-HEARING MOTIONS EXCEPl' FOR A MOTION TO SET ASIDE A DEFAULT JUDGMENT. J. DEFAULT ON TRAFFIC INFRACTION: 1. IF THE DEFENDANT FAILS TO APPEAR FOR HIS OR HER FIBST APPEARANCE OR ANY HEARING INVOLVING A TRAFFIC INFRACTION, THE COURT SHALL ENTER A DEFAULT JUDGMENT AGAINST THE DEFENDANT. 2. THE AMOUNT OF THE JUDGMENT SHALL BE THE APPROPRIATE PENALTY THAT WOULD BE ASSESSED AFTER A FINDING OF GUILT OR LIABILITY, FEES, AND ADDfflONAL COSTS ASSESSABLE TO MUNICIPAL VIOLATIONS GENERALLY UPON CONVICTION OF NON-CIVIL MUNICIPAL CHARGES, TOGETHER WITH APPLICABLE SURCHARGES. 3. THE COURT MAY SET ASIDE A DEFAULT JUDGMENT ENTERED UNDER THIS RULE ON A SHOWING OF GOOD CAUSE OR EXCUSABLE NEGLECl' BY THE DEFENDANT. A MOTION TO SET ASIDE THE JUDGMENT SHALL BE MADE TO THE COURT NOT MORE THAN TEN DAYS AFTER THE ENTRY OF JUDGMENT. 4. THE DEFENDANT MAY SATISFY JUDGMENT ENTERED UNDER THIS RULE BY PAYING THE CLERK OF THE COURT. 5. NO WARRANT SHALL BE ISSUED FOR THE ARREST OF A DEFENDANT WHO WAS CHARGED WITH A TRAFFIC INFRACTION AND FAILED TO APPEAR AT A FIBST APPEARANCE OR ANY SUBSEQUENT BEARING OR WHO FAILED TO SATISFY A JUDGMENT. K. APPEAL: APPEAL OF ANY FINDING OF GUILT OR LIABILITY OF A TRAFFIC INFRACTION SHALL BE SUBJECT TO THE SAME PROCEDURES APPLICABLE TO CONVICTIONS OF MUNICIPAL OFFENSES GENERALLY. l·lB-1: 'l'BAn'IC Oil.ENS£ PIIOCBDVBE: A. THE COMMENCEMENT AND ALL SUBSEQUENT PROCEEDINGS THROUGH AND INCLUDING APPEAL ON MA'M'EBS CONCEBNING A TRAFFIC OFFENSE SHALL BE THE SAME AS THOSE PROVIDED AND REQUIRED FOR ALL CRIMINAL MUNICIPAL ORDINANCE VIOLATIONS. 8 . WHEN THE COURT DETERIIINES THAT A PERSON CHARGED WITH A TRAFFIC OFFENSE IS GUILTY OF A LESSER INCLUDED TRAFFIC INFRACTION, THE COURT MAY ENTER A JUDGMENT OF GUILT OR LIABILITY AS TO THE TRAFFIC INFRACTION. 5oc;ti111 5 Sgty s!AYMI Tbe City Council, ba'8bf finda, determinea, and dec:1area dlllt tbia Ordinance ia pramalpted wulw 1111 ,......i police poww of 1111 City of Eqlewood, ti.-it ii promulpt.ed for tbe bealtb, eafety, Uld W9lfare oftbe public, Uld dllli dlie Ordinance ia D8CNl&ry for tbe ~ation of health Uld uflty Uld for tbe protaetiOD al public convenience and welfare. Tbe City Council furtba' det.a'miDN till& tbe Ordinance bean a ratianal relatiao a, tbe proper leplat;in object aoucbt to be obtained ..... ''"""' .. • • 0 , I - • • ,,._ • • Sed;jon 6 Severability If any clauae, wit.ence, parqraph, or i-t al tbia Ordinance or the application tbereoft.o any person or cin:umatances shall for any reuon be adjudpd by a comt of competent juriadic:tion invalid, such judcmant shall not affect impair or in'ftlidate the remainder of tbia Ordinance or ita application t.o other per-. or cin:umataoces. Sed;jm 7 lgqmpifYPt Ordipapc;e, All odier ordioaoces or portiona thereat" inroowiwh!ot or cootlic:tiog with tbia Ordinance or any portion hereof are hereby repealed ID the at.mt of nch incooaiateocy or cootlict. Sec;tim 8 Eflirt g(J'IIM!al er mpdific;atiop The repeal or modification many proviaioD of the Code m the City m Eolfewood by tbia Ordinance shall aat ~. atiopiah, ala, modify, or chaop in whole or in pmt any penalty, fideitun., or liability, either ci'ril or crimioal, which shall have hem incurred uoder auch prcmaioD, and -=b prcmaioD aball be ~ and beld aa atill remaioiDJ in filrce for the pmpma m 1111Ptainin1 any and all props ac:tioaa, IIUita, pre c_.linp, and proaerntima for the ~ m the penalty, bfaiture, or liability, u well aa for the purpme of auataioiof any judpaent, clecrN, or order which can or may be rendered, entered, or made in such actiom, auita, procewfinp, or proaec:utiaoa. Sec:tim 9. Emlty. The penalty proviaioo afE.M.C. Section l..._l u amended shall apply to each and ffffl'lY violatim of tbia Ordioaoce. Sec;tion 10. Eff"li1iiYe Pate Thia Ordioaoce shall go int.a elfect on January l, 1998. Introduced, read in full, and puaecl Oil tint reading OD the 18th day af Aupat, 1997. Publiabecl u a Bill fill' an ~ m the 21th day of Aupat. 1997. 1bomu J. Burna, Ma:,or ATTEST : Loucriabia A. Ellis, City CJert I, Loucriabia A. Ellis, City Clark mthe City m~ CoJando, berebJ certify that the above and foreroinl ia a true copy of a Bill fill' an Orclioame, introduced, read in full, and paued OD tint readiog Oil the 18th day m Aapat. 1997. Loucriabia A. Ellis 11 ... • • 0 I • ... • ·, • COUNCIL COlllltNCATION Dale Agenclallam Sublect Cindennak Property Transfer August 18, 1997 11 a ii Agreement llillialed By Slaff SourcN City Council COUNCIL GOAL AND PREVIOUS COUNCIL ACTION J:ounc:11 Goal: Economic Development Dan Brotzman, City Attorney like Miller, Cinderella City Counsel ,, - PnMoua Action: On April 8, 1996, City Council adopted Resolution 42, Series of 1996, cirecting staff to pursue redevelopment of the Cinderella City lite that would include, but not be limited to, 400,000 square feet of entertainment and retail development. On that same date, Resolution 43, Series of 1996, was adopted, supporting a light rail station at the redeveloped Cinderella City site. RECOMMENDED ACTION Staff seeks Council support for the attached bil for an ordinance approving an agreement with Cindennak, transferring the Cinderella City property to the City of E11gluood. BACKGROUND, ANALY818, AND ALTERNATIVD IWirED Several years ago, the City embarked on a campaign to.,... the ,..,_elopment of the declining Cinderella City lite. The City held Pldc foruma ID gather Input from the community on the proposed redevelopment, and based on that input, c::haN a delraloper ID begin rade.1lopment .... During the last few years, nego4lallal• have taken place wlh the CUT9llt owners of the property for a transfer of ownerahip, which is of paramount Importance in the ,..,_elopment process. UST OF AffACIERNTS Proposed 8iU for an Ordinance. Proposed Agreement . , • • • 0 I - - • ORDINANCE NO. _ SERIES OF 1997 .. • • • ABILLPOR ,, COUMCIL BILL NO. 52 INTRODUCED BY COUNCU. MEMBER WAGGONER AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BE"l'WEEN CINDERMAX ASSOCIATES AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, CiDclenmk ia the owner aC c:ertaiD property connncmly !mown u the Cinderella City Sboppinr Center; md WHEREAS, CiDdermak cleairN to tnmfer md CODvey to the City aC Eacl-ood aw:h paoperty; md WHEREAS, the City qrem to accept title to the property after cmtaiD c:oaditiom are met; md WHEREAS, the property t:namr aar-t -emended after flnt reediDs md a new property tnDefar ~ ia e1tecbecl; NOW, THEBD'ORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLOBAI>O, AS FOLLOWS: 5rtim 1 ,,. Pa:opwtJ Trlllleflr Ap1 mt .._ a.dannak -'-i .... wl the City a(~ with napect tD ... a...a. City pr..-rtJ ii -..:bed bentD. "Emmit A,. ii .... MClplild .. *i4*Uted.., ............. City Coaadl. 5rtim 2. ,,. ...,. ii iiidbuiiad tD ............. Citya.k tD .... end Mal the Aar-t ilr wl cm bebalf aftbe City aC ........... Calando. Sertim ll ,,. City ....... lball be aatbariwl tD lip clmins docammte end make &DJ deeipetian muter the ep'Nlllat M nec:111117 . IDt:roduced, reed iD fall, end ~ cm flnt reedinc CID the l9tb day af l(ay, 1997. Publiabed u e Bill 6Jr an~ CID the 22nd day af Uay, 1997 . ..;;::;:;.-NOdmOdl._. __ _....m..,,..,..,., ij,~ \j~ -1- • I • • C I • '' -,. •. • • ] - Pablubad .... ...., .. a am 1ar an Ordbumce Clll t11e 21at c1ay al Aaaut. 1997. 'lbomu J. Burm, Mayor ATTEST: I, Loaeriabia A. E1lia, City Clllk altbe City al ........ Calandu., a...by eatily' that tbe abont aad .......... tr. capy al m -ded 8iD far -Ordiuace, iDtroduced, read iD fbD, aad ..... Clll tint nadiDc Clll tbe 11th day al Aapat, 1197. • • 0 -2- ---~ -~ ------' , ---• - - '· • • , . • • D9111ff D!PDB !91Pllti '!11%8 asPIWIM'f dated August , 1997, is between CDIDDD& ~. a joint venture ("Cinderaak"), and the C:Ift OW IIIIIILBIIOOD, a Boae Rule Municipal Corporation ("City"). PISIDLI A. Cinderult owns certain land, iaprovaaants and tang- ible and intangible personal property, which is part ot the Cinderella City Shopping Center (the "Shopping center") located in the City ot Englawood, county ot Arapahoe, State ot Colorado, which is turther described and datined as the "Property" in Section lot this Agraaaant .. a. Cindarll&lt desires to transter and City desires to receive the Property, upon the tar11S and provisions ot this Agreeaant. CO!ll!ffl DI COBSIDERATION ot the toragoing and the autual agreaaants herein, the receipt and sutticiency ot which is hereby acknowledged, the parti .. hereto agree u tollawa: aa:'ffGII 1 • .._aft ~ 1.1 TnMtV• Subject to the taraa and concUtiona ot this Agraaaant, Cinderult agr ... to tranater and convey and City agr-s to accept title to the tallowing daacribed property (allot which is harainattar collectively retarred to u the "Property"): (a) The land d .. cribad in Bxbihit 1.1 A hereto together with all rights and all appurtenancu to or uaed in connection therewith (the "I.and"), including without li.•.itation, the tollowing, it any, to the extent owned by Cindar.alc: all ainerals, oil, gas and other hydrocarbon aubatancas on and under the Land, as wall as all davelopaant rights, rights ot Cindermak u a Declarant under any declaration, covenant or auilar inatruaent, air rights, water, water rights and water stock relating to the Land, any rights to any land lying in the bad ot any existing . dedicated str-t, road or allay adjoining the Land and to all strips and goru adjoining the Land, and any other ea .... nta, rights-at-way or appurtanancaa uaed in connection with the beneticial use and enjoyaant ot the Land; notwithstanding anythinq herein, the Property does not include the land deacribed in llbihit .L.1::1 hereto or any appurtenances thereto; • • 0 , -• ,,_ • I• • ' (, (b) All improvements located on, appurtenant to or used in connection with the Land (the "Improvements"); (c) All furniture, fixtures, equipment, machinery, tools, supplies and other tangible personal property and all leases of tangible personal property, owned by Cindermak and used in connection with the ownership, management or operation of the Land or the Improvements and Cindermak's right, title and interest in and to the trademark or tradenuae of "Cinderella City• and any other trademark or tradename used by Cindermak in connection with the Land and the Improvements (the "Personal Property"); and (d) All books, records, files, reports, plans and specifications and soil tests relating to the Land or Improvements, in the possession or under the control of Cindermak (the "Reports"). 1.2 Releases. Subject to the terms and conditions of this Agreement, in consideration of the transfer of the Property from Cindermak to City and t!le Environmental Remediation to be carried out by Cindermak, a~ the Closing City shall release Cindermak and its partners from their obligations under the Deed and Agreement, dated November 3, 1968 (the "Parking Agreement"), recorded on April 14, 1969, as Reception No. 1138496 in Book 1807 at Page 713 of the records of the Clerk and Recorder of the County of Arapahoe, State of Colorado, as aaended April 1, 1983. Except for claims r-ulting froa claims by third parties or claias arising under this Agreeaent vtlich survive the Closing, at the Closing Cinder.alt and City shall siJlultaneously releaM each other froa any other claias either party (including any partners of Cinderaalt) -Y now or bereatter bave against the other, known or Wlknown, contingent or otherwiM, relating to the Property. City bereby confirms its agreeaent to forbear froa enforcing the Parking Agre ... nt as Mt forth in City's letter agre ... nt dated Karch 3, 1994. 8acTIOII 2 -DOCUWWW'H 'fO BB Dm.rnam> 'fO Crl'T 2 • 1 pocu.ants to a oaliyarad to city. within thr-CJ l days after the Effective Date, c~ shall deliver to City the following it ... relating to the Property: (a) A title insurance coaaitllent ("Coaaitaent") issued by Cbicago Title of Colorado, Inc., as agent tor Chicago Title Insurance Coapany shoving tba status of record title to t."le Land and Improv ... nts, along with legible copi-of all recorded docuaents referred to in the Coaitaent. Tb• Coaaitaent shall comait to insure title to the Land in the City in the uaount of $6,000,000.00 under an owner•• Policy, ALTA Fora B 1992 with the creditor's rights provision deleted (the •owner'• Policy•) with the standard printed exceptions contained in such fora deleted, 2 • ... • • 0 , - • • • 0 • '· however, the Collllllitment and OWner's Policy, when issued, may make exceptions for any rights to assert a mechanic's lien resulting from any work dona or contracted for by parties other than Cindarmak or its agents; and the exception for taxes shall be limited to current year taxes not due or payable. The exceptions (other than preprinted exceptions) shown on Schedule B-2 of the Collllllitment, subject to approval pursuant to Section 5.l(a) hereof, and the Wards Lease, Renz ios Lease and Western Federal Lease referred to below, are referred to below as the "Permitted Exceptions". The parties acknowledge that City, at its option and cost, may furnish the title insurance company with a currant survey, and if City elects not to provide a survey, the Co111Ditment and owner's Policy may also include the printed exceptions relating to matters which an accurate survey would disclose or eas .. ents or claills thereof not shown by the public records; however, if the City furnishes a currant survey and the survey discloses adverse matters which p;eclude the title company from deleting said printed survey and easement exceptions or deleting such exception but taking exception to adverse matters shown on the survey, City shall have the right to object as provided in Section S.l(a). (b) A certificate of taxes due covering the Land, Improv .. ents, and, if applicable, the Personal Property, prepared by the Treasurer of the County in which the Property is located. (c) All surveys and plats of the Property in the possession or control of Cinderaak or its partners. City acknowledges it has received a copy of the survey prepared by Gingery Associat .. , Inc., last revised January 31, 1980. (d) Copies of such specifically identified Reports in the possession or control of Cinderaak or its partners which the City requests in writing and which relate to th• redevelopment of the Property. (e) All asbestos and envirormantal reports concerning the Property in the possession or control of Cinderaak or its partners. City acknowledges it has already received copi .. of the reports set forth in Section 3.2 (g). Cf) As-built plans and specifications for th• Property, limited to those relevant for total deaolition and specifically excluding any plans or specifications relating to tenant illproveaents, in the poss .. aion or control of Cinderult or its partners. Such plans and specifications shall be -de available for inspection by City or its agents at Cinderaalt's aanag ... nt office at the Shopping center. City shall haw the right to obtain copi .. of such plans and specifications at City's coat. City shall be given pos .... ion of the original of such plans and specificationa. at the ti.ae of Closing. 3 • • • 0 • (g) Original (if available, otherwise copy) of Lease dated August 5, 1965, as amended, between New Englewood, Ltd. and Associated Dry Goods Corporation, hereinafter referred to as the "Wards Lease", lease dated January 7, 1993 between Kravec Company as agent for Cindermak Associates and Renzios, Inc., hereinafter referred to as the Ranzios Lease" and lease dated May 24, 1984 between Kravec Company, Agent for Cindermak Associates, a Joint Ventura and Western Federal Savings & Loan Association of Colorado, a federally chartered savings and loan association, hereinafter referred to as the "Western Federal Lease". SBCTIOII 3 -.aPmJIIITATIOIIB U1> 1'UDll'l'IU or CIJIDllllDK l.l Transfer "As rs•. Except for the representations and warranties of Cindarmak expressly provided in this Agraamant, and subject to the covenants, agreements and indemnities, if any, of Cindermak in. this Agreement, City shall accept the Property "AS IS", "WHERE IS", and "WITH ALL FAULTS" CONDITION AND STATE OF REPAIR. CITY DOES HEREBY WAIVE, AND CINDERMAK DOES HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER WITH RESPECT TO THE PROPERTY, INCLODDJG, BY WAY OF DESCRIPTION BUT NOT LIMITATION, THOSE OF CONDITION, TENANTABILITY, HABITABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Tha provisions of this paragraph shall survive 't.ha closing. J • 2 B•Pn1t1ntations and warranti11. cindemlt raprasants and warrants to City as of tha date of this Agreeaent and as of tha data of the Closing as follows, each of which shall survive the Closing as provided in Section 10 axcapt as otherwise expressly provided: Ca) status and Authority. cindemlt i• duly organized, validly existing and in good standing. Cinderaalt bas full power to own its property and to carry on its businass as now being conducted. Cindarmak has tha right, power, legal capacity and authority to enter into and perfor1a its obligations under this Agra .. ant and tha docwaents to be executed and delivered pursuant hereto. The execution and deli very of this Agraeaent and such docwaents have bean duly and validly authorized by all necessary action on its part to make this Agra-ant and such docuaents valid and binding upon it and no further authorization or consent is required by Cindarll&k to consumta the transactions contaaplated under this Agra-ant. Upon execution and deli very, this Agraeaent and such dOCUJNnts will constitute Cinderaak's valid and binding obligations enforceable in accordance with their terJaS, except to tha extant liaited by bankruptcy or insolvency laws, or laws affecting creditor'• rights generally. (b) Title tg th• Prgparty. To tha bast of Cinderllak's knowledge, Cinderult bas good and aarketable title to 4 ·-• tt,"' ; • • 0 r - • • • • 6' - 0 I• • the Property, free and clear of all mortgages, liens, pledges or other enCWlbrances, covenants and rest=ictions, except for those disclosed in the co1111itlllent and those caused by the City's purchase and proposed redevelopment ot the Property. The warranties in this subparagraph (b) shall not survive the Closing except as may be provided in the deed delivered at Closing. (c) Liabilities. Except tor (i) matters disclosed in the co-itment, (ii) the Environ:aental R-ediation to be performed under Section 4.3, (iii) leases not yet terminated, and (iv) claims caused by City, its agents and those entities interested in the redevelopment ot the Property including the Regional Transportation District, hereinafter referred to as the •RTD•, there is no obligation or liability ot any nature wbatsoever, contingent or otherwi-, wbich, to the best ot Cindermak's knowledge, is, or could beco-, a lien or other encumbrance on.the Land or Iaprov-ents nor has Cindermak engaged in any action with respect to the Property wbich could give rise to a material claill against the Property. All accounts payable, liabilities and obligations incurred by Cindermak shall be paid in full by Cindermak prior to the Closing. In the event any loss sustained by the City arising fro• a breach of the warranties under this sub-paragraph is recoverable under the OWner' s Policy, the City's reaedy for such breach following the Closing shall be lillited to its recourse under the OVner's Policy. In no event is the lillitation of the preceding sentence to limit or iapair any rights of subrogation wbich the title insurance COllp&llY aay have with respect to the owner's Policy. ( d) 1411•1 · As of the date hereof, there are no leases, tenancies, licenses or rights of occupancy or possession affecting the Land and Improv-ents (•Leases•) except for the Leases with western Federal, Montg~ Ward and Renzios. In the event any loss sustained by the City arising fraa a breach of the warranties under this sub-paragraph is recoverable under the owner's Policy, the City's r .. edy for such breach following the Closing shall be lillited to its recourse under the OWner's Policy. (e) May Ground LaaH. Cindemk as of the date of this Agre .. ent bas ter11inated the Lease; dated Septeaber 1, 1982, between Cindermak and the predecessor of May Depart:aent Stores Caapany, and all rights of occupancy and possession of any part of the Property of such tenant. Cf) Litigation. To the best of Cindermak's knowledge and except for claias arising as a result of City's proposed redevelopaent of the Property, there is no action, suit or proceeding pending or threatened against the Property or Cindermak with respect to its interests in, aanaqeaent and rental of, or other activities with respect to, the Land and IJlprov.aants including, without limitation, any claias by any tenant under the s ' ..... . r,., • l • • . •· • 0 f • • • ,, - • • Leases or otherwise -de by any such tenant against th• Land and Iaproveaents or Cinderaak. Cinderaak bas paid in full all leasing coaaissions due and payable with respect to the Leas.. and CinderJlak is not aware of any claia by any person for any 1 ... ing c:oaaisaions with respect to any of the Leases or otherwise relating to the Property. (g) Enyirorugntal Ccmpliance. To the best of Cindermak's knowledge, there is no violation of any envirormantal laws, except for the -tters disclosed in the following reports prepared by ATC Environmental, Inc. and the 1988, 1991 and 1996 reports prepared. by the below noted entities, here~tar collectively referred to as the •Equitable Environaental Reports• (copies of vtlich have been delivered to City): (i) Soil Probe SUrvey, Installation of IIW-4 and IIW-5 + Ka(Jl\etoaeter Survey, dated Septmabar, 1995. (ii) Phase II Investigation Adjacent to Former OST Former J. C. Penney Auto Store, dated August 1, 1995. (iii) ACK Survey dated October 18, 1995. (iv) ACK survey--Nontgoaary Ward, dated October 19, 1995. (v) ACK SUrvey-Roor, dated Hovaaber 7, 1995. (vi) 'l'brH (3) letter• from ATC addressed to Equitable Real Estate Invest.ant Management, :rnc., all dated Noveaber 7, 1995. (vii) BCK ACK Survey dated October, 1988. (viii) Phase I SUrvey dated April 16, 1995. ( ix) Pacific Bnvironaental services, :me., Cinderella City Aabeatoa Identification survey dated January 14, 1991 • (x) Letter froa the State or Colorado dated April 11, 1996 concerninrJ J. c. Penney underground storage tank. (h) 19 Q11(aulta. SUbject to the Adjoining Landowners' Agrawnts and the termination of any existing Lea ... , to the beat or Cinderuk's Jcnovlad9e, the conauaaation or the transactions contemplated by this ....-nt will not result in the utarial breach or any or the tar.a or provisions of, or constitute a -tarial default Wldar any AC)raeaent or ot.ber inatruaent to vtlich Cinderaalt 1a a party or by vllich it or any portion of the Land and Iaprovwta -y be bound. 6 • • 0 , ]- • • • "'~ 0 I • • ' Ci l Trademarks and Tradenaaes. To the best of Cindermak' s knowledge, the marks and nllJles dascril)ed on Exhibit 3, 2 .Lil. attached hereto is a true, complete and accurate schedule of all trademarks, tradenames and service aarks used by Cindarmak in connection with the Property, together with a brief description of each. ( j) lJ..mls.. Except for any work performed by or on behalf of City or its agents er by or on behalf of any entities that are negotiating with the City concerning the redevelopment -of the Property and by or on behalf of the RTD, all sums due for work that has been performed at Cindermak's er Kravco's request in or on the Land and Improvements and materials furnished in connection therewith which might in any cirCUJ1Stance give rise to a mechanic's or aateria1-an's lien either have been paid or, as to work presently in progress, Cindermak will promptly llake payment as payment becomes. due. However, Cinderaak may in good faith contest the validity or amount of any lien required to be paid by it, and pending such contest Cindermak shall not be deelled in default hereunder if it promptly pays any amount adjudged in a final Order by a court or arbitrator to be due, with all costs and interest thereon. If the City or its assignee er successor requires in connection with the development of the Property a release of the lien prior to the conclusion cf such contest, within twenty (20) days following written request from the City, Cindenaak shall bond over such lien, or furnish a title insurance policy or endors-•nt insuring against any loss relating to such aechanic's lien. 4 . 1 Termination of sarvice contrac;ta. cinderllak shall, at its sole cost and expense, terainate all contract. and agreements relating to the manageaent, operation or -intenance of the Property c•service contract•), except for those that City elects to asswae pursuant to Section 5.l(b). Th• effective date of termination fer such Service Contracts shall be no later than the date of Closing. 4.2 Entry on Property. City and City's representativea, agents, consultants and designees shall have the right at reasonable times to enter upon the Property, at City's own cost, for any purpose in connection with its propoaed purcbase, development or operation cf the Property, inclwlinq, without li.Jlitation, the right to llake such inspectiona, inveatigationa and tests as City -y elect to make or obtain; provided, however, any entry of City hereunder shall be conducted in such a aanner as to minimize the inconvenience caused to any tenants. City shall promptly pay for all work and -terials used in connection with or related to such inapectiona, inveatigationa and tests and shall promptly discharge any aecbanic's lien clai.M vbich -y be uaerted in connection with such work or -terials. In addition, City, at 7 I • . 11,~ • . ... • • 0 - ]- • • I• • its sole cost and expanse, may make such inquiries as City deems appropriate of Cindermak' s consultants or contractors who have performed work with respect to the Property. Cindermak agrees to llake all books, records and files of Cindermak relating to the Property available to City and City's attorneys, accountants and other representatives at any tille during business hours upon reasonable notice from City and, at City's sole cost and expense, to cause Cinder11Ak's consultants and contractors to furnish City with any information and copies of dOCUlllents reasonably requested by City. City shall pay the cost of ·copying such information except for such information required to be furnished under Section 2 • 1. Fro• and after the execution of this Agramnt, City and City's representatives, agents, consultants and d-ignees, following not less than five (5) days prior written notice to Cinderiaak, shall be entitled to coaaunicate directly with all tenants and other persons in connection with City's purchase and developaent of .the Property. City shall be responsible for any claills, d8ll&Dds or actions made on Cinderlllak and which relate to such inquiries or activities pursuant to this Section 4.2, which responsibilities shall survive the Closing. Any damages incurred by Cindermak as .a result of City's actions under this Section 4.2 and not paid for by City shall be a default hereunder. 4. 3 Enyirormental Bnediation. The parties acknowledge that prior to the City's intended redevalopaent of the Property, certain environaantal reaediation work ("Environaantal Reaediation•) will be required for the reaoval of part or all of the existing asbestos and lead-based paint as referred to in the Equitable Environaantal Reports and a •no action• letter froa the State of Colorado with reapec:t to the contaaination referred to in the Equitable Reaediation Reports (•Bradley LeaJt•). c~ agrees to undertake such Environaantal Reaediation, at its sole cost and expense, subject to the following teras and conditions: (a) The Environaantal Raaediation of the ubestoa and lead-based paint shall be conducted after the Cloainq in accordance with the specifications which are attached hereto as Exhibit 4.J(a). Said specifications are herein referred to as the c•spacifications•). (b) The Environaantal Raaediation of the ubestos and lead-based paint shall be done by the contractor naaad in and under the ter95 of the contract which is attached hereto as Exhibit 4. 3 (b) . Any manifests prepared for the ra.oval of the ubastos and lead-based paint shall be in the naaa of Cindaraalt or the Contractor. (c) Tbe cost of the lnvironaantal ltaaadiation of the asbestos and 1-d-based paint shall be paid for by Cindaraalt. Cindaraalt shall cause the contractor to coaaenca the lnvironllental lleaediation of the asbestos and lead-based paint on the earlier to 8 • .. • • 0 , - • • ;- • I • • occur of December l, 1997 or within thirty (30) days after City notifies Cindermak in writing that the Property is vacant and complete such work within one hundred twenty (120) days following the co-ancement of the Environmental Remediation of the asbestos and lead-based paint. In the event comaenc .. ent or completion of the Environmental Remediation of the asbestos and lead-based paint is delayed as a result of causes beyond the control of Cindermak, such as but not limited to City's failure to remove all tenants from the Property at least thirty (30) days prior to December 1,. 1997, such colllllencement or completion date shall be extended for a period equal to the number of days caused by such delay. If the coJ11J11encemant of the Environmental Ralllediation of the asbestos and lead-based paint is delayed past December l, 1997, as a result of causes beyond the control of Cindermak, then City shall pay for any additional costs or expanses incurred by Cindermak as a r-ult thereof, including but not limited to any increase in the contract price for the Environmental Remediation of the asbestos and lead- based paint. (d). For purposes of this Agra ... nt, ( i) the Environmental Remediation of the asbestos and lead-based paint shall be deemed completed at such tilla as Cindar11&k has received written confirmation from the applicable Federal and/or State governmental agencies, if and to the extent such agencies provide written confirmation, that the Environaental R .. ediation of the asbestos and lead-based paint has been coapleted in accor~ance with the raquir ... nts of applicable governaental rulu and regulations, and Cinderaak and City have racaiV9d certification froa an environ- aental enqineer autually agreed upon and in a form reasonably acceptable to City and Cinderu.k that the work bas been coapleted in accordance with the raquireaents of the contract for such work and the Specifications; and (ii) the EnvironMntal Reaediation with respect to the Bradley Leak shall be d...ad coapleted upon receipt of a •no action• letter from the State of Colorado in form and aubstanca reasonably satisfactory to the City. Any cost incurred to obtain such confirmation and certification shall be d...ad a cost of the Environmental Remediation for purposes of Section 9. C•l At the option of the City, the City or Mercantil• Stores aay enter into an agr...ant with the .... contractor used by Cinderaak to perform envirormental remediation of asbestos and lead-based paint on the property ( •Mercantil• Property•) which was foriaarly operated as a Joslins store in the Shopping Canter . Cindarmak shall not be a party to such contract and shall have no liability or obligation under such contract. (f) In the avant the Environaental Raaediation of the asbestos and lead-based paint is not carried out and ccmpleted in accordance with the terms of the lxbil,its 4.J(a) and (b) by the contractor, Cinderaalt shall usiCJII any causu of action it -y bav. aqainat the contractor under the contract to tba City at the City's 9 • . < .. • • 0 • • • request and in such event the City may, provided that it is at no cost to Cindermak, pursue any claims for damages or other relief to which Cindermak would have been entitled as a party to said contract. 4.4 subsequently Discovered Defects. If any material matter affecting title, ownership, use or enjoyment of the Property ("Defect") shall arise or be discovered by City which is not set out in the Colllllitllent, or is not disclosed in the materials furnished to City under Section 2.1 and which has not been created or caused (i) by City or any agent or designee of City or (ii) by any entity working with the City on the redevelopment of the Property including the RTD, the City shall have the right to object to such Defect by the deli very to Cindermak of notice of such Defect within ten (10) days after City discovers such Defect provided that, if such Defect is discovered within ten (10) days prior to the Cl.osing Date, the Closing shall be extended for such period as may be necessary to give effect to the provisions of this Section 4.4. If City does not so object within such period, City shall be deemed to have accepted such Defect. Upon receipt of notice of City's objection to any such Defect, Cindermak shall have the right, but not the obligation, to cure such Detect to the satisfaction of City and the Title Company tor a period of ten (10) days from the date of such notice, or if such cure can not be completed within 10 days, to comaence such cure within 10 days and thereafter diligently pursue the saae to completion, which cure in all events shall be ccmpleted within 45 days. If such cure period extends beyond the Closing Date, the Closing Date shall be extendad to three (3) days after the expiration of such cure period. If Cindermak cures City's objection to the satisfaction of City within such cure period, then the Closing shall occur on the original or postponed date of the Closing but otherwi-upon the terms and provisions contained herein. If Cindermak baa not cured such Defect to the satisfaction of City, City shall either (a)-close on such original or postponed date (and City shall thereby be deemed to have waived such objection) or (b) ter11inate this Agreeaent by giving written notice to Cinder.alt before such original or postponed date and the parties shall be released from all further obligation and liability except as otherwise herein provided. If, in Cindermak's attempt to cure a Defect, City -discovers other Defects, such additional Detects shall be subject to the procedure set forth above. The date of Closing shall not be extended under this Section 4.4 for acre than sixty (60) days while Cindarwak is attempting to cure such additional defect. If Closing cannot occur within said sixty (60) days and the parties do not agree in writing to extend the Closing further, City shall make an election under Sections (a) or (b) above. If the City does not make said election within said sixty (60} days, it shall be deemad to have elected Section (a). 10 •, •· • 0 't(,~~ .. l. ~,, ~ , • 0 • SBCTIOJI 5 -COJIDITIOD DBCZDllll'f TO CITY'S AID> CIJIDBIIDK' S 1'~ s .1 conditions Precedent to city's Performance. The obligation of City to accept transfer of the Property and conswmaate the transactions contemplated hereunder is subject to the satisfaction of the following conditions precedent on or before the time set forth below. The conditions set forth in this Section 5.1 are for the sole benefit of the City. If any condition is not so satisfied, the condition may be waived by City in writing or City may terminate this Agreement in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided. In the event City fails to give written notice of objection within the tiae set forth below, City shall be deemed to have waived any objection to such item. If any condition is not so satisfied, at the option of Cindermak and with the consent of the City, which consent shall not unreasonably be withheld, Cinder:nak can agree to indemnify the City and its successors and assigns, in form and substance reasonably satisfactory to the City, from any loss, damage, cost, or liability whatsoever arising with respect to such condition not so satisfied, and in such event, the condition shall be deemed satisfied. (a) Title Review. If City reasonably determines that any matter reflected in the C01111itaent or any survey of the Property, or any other matter affecting or related to title to the Property, except aatters caused by City, any agent or design•• of City or any entity dealing or negotiating with the City with respect to the redevelopment of the Property including the R'l'D, will impair or interfere with City'• redevelopaent of the Property, then City shall be entitled to object to any auch title aatter by providing written notice thereof to Cinderaalt on or before ten (10) days after receipt of the COllllit:aent. If City provides such written notice of objection, Cinderaak ahall have the right but not the obligation to have fifteen (15) days, or auch longer period of time as aay be agreed upon by Cinderaalt and the City (•cure Period•), fro• the date of receipt of auch notice of PUrchaaer'• objection to cure City'• objection, including, without liaitation, causing the title coapany to insure against lo•• or damage rHulting frOJ1 such objection. If neceaaary, the Cloaing shall be poatponed for thoae nuaber of days required under thi• section for Cindermak to cure the objection, but in no event ahall the Cloaing be postponed more than sixty (60) daya. If Cinderaalt fails to have such objection reaedied or fails to have it reaedied to City'• satisfaction within the Cure Period, City ahall elect, within thrH (3) days, either: (i) to ter11inat• thia Agreeaent by providing written notice thereof to Cinderaak, in which event the partiu shall be relieved of all further obligation and liability hereunder except as otherwise herein provided, or ( ii) to accept title subject to the objection, in which event City ahall be deeaed to have approved the Coaait:aent, the Survey and the Peraitted 11 •· • 0 ' • 0 • Exceptions. If City does not make said election within said three (3) days, it shall be deemed to have elected Option (ii). If the City objects to a lien securing an ascertainable amount of money, Cindermak shall have the option of obtaining a release of such lien at the time of Closing in lieu of any other cure of such objection. (bl service contracts. Within ten (10) days of the Effective Date, the City shall designate in writing to Cindermak those Service Contracts it wishes to assume and keep in effect. With respect to any remaining Service contracts that the City did not so designate, Cindermak shall have, on or prior to Closing, terminated all Service Contracts at Cindermak' s sole cost and expense. Upon written request of the City, Cindermak shall furnish to the City satisfactory evidence of such termination. (c) Accuracy of Representations and warranties of Cindarmak. on.the date of this Agreement and as of the Closing Date, all representations and warranties in this Agreement by Cindermak shall be true in all material respects as though made at that time. At the Closing, Cindermak shall certify to City that as of the Closing Date all the representations and warranties of Cindermak contained in this Agreement are true in all material respects. In the event any event occurs from the data of this Agreement to the date of Closing which causes Cindermak's warranty or representation to no longer be true or accurate in any material respect, through no fault of Cinderaak, Cindermak shall promptly notify the City, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. The City shall then have the option, by written notice to Cindermak within three (3) days, of (i) waiving such aatter, (ii) terminating this Agre ... nt, in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided, or ( iii) requiring Cinderll&k to ruedy such aatter, if the cost to do so, when added to the cost of the Environaental Reaediation for the asbestos and lead-baaed paint and the Bradley Leak and the cost of bringing all taxes due on the Property, does not exceed $1,500,000. In the event any warranty or representation by Cindermak is not true or accurate in any .. terial respect, either at the ti.ae of execution of this Agreement or at any time thereafter, Cinderaalt shall have the option, with the consent of the City, which conse:,t shall not unreasonably be withheld, to indaanify the City and ita successors and assigns, in form and substance r ... onably satisfactory to the City, froa any loss, dallage, cost, or liability whatsoever arising with respect to such warranty or representation, and, in such event, the City ab.all be deeaed to have waived any objection to the untrue or unacceptable warranty or representation. (d) <;gm,lianc• yith c;oyanant1. cindemk shall have complied with all the agr....nts and covenanta set forth in this Agreeaant in all uterial respects. 12 •. ., •· • 0 , • "' - 0 • s . 2 conditions Precedent to cindermaJc' s Performance. The obligation of Cinder:Dak to transfer the Property and consUJ11111ate the transactions contemplated hereunder is subject to the satisfaction of the following conditions precedent on or before the time set forth below. The conditions set forth in this Section 5. 2 are for the sole l::ienefit of Cindermak. If any condition is not so satisfied, the condition may be waived by Cindermak in writing or Cindermalc -.ay terminate this Agreement in which event the parties will be re-eased from all further obligation and liability under this Agr...ant except as otherwise herein provided. In the event Cindersak fai l s to give written notice of objection within the time set forth below, Cindermak shall be deemed to have waived any objection to such item. cal Accuracy ot B•pr .. antations and warranties ot .cit:!-On the date of this Agreement and as of the Closing Date, all representat_ions and warranties in this Agreement by City shall be true in all material respects as though made at that time. At the Closing, City shall certify to Cindermak that as of the Closing Date all the representations and warranties of City contained in this Agreement are true in all material respects. In the event any event occurs from the date of this Agreement to the date of Closing which causes the City's warranty or representation to no longer be true or accurate in any material r .. pect, through no fault ot the City, the City shall promptly notify Cindermak, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. Cindermalt shall then have th• option, by written notice to the City within thr- ( 3) days, of ( i) waiving such matter, (ii) terainating this Agreement, in which event the parties will be released froa all further obligation and liability under this Agreeaent except as otherwise herein provided, or (iii) requiring the City to remedy such matter, if such matter can be reaedied. (b) Complianc• with covanant,s. city shall have complied with all the agreements and covenants set forth in this Agre-ant in all aaterial respects. •JIC'l'i:mr , -aa.amrnnoa aam naaani:a a, c:i:n City represents and warrants to Cindermak as ot the date of this Agr ... ant and as of the date of the Closing as follows, each of which shall survive the Closing as provided in Section 10 except as otherwise expressly provided: 6 .1 status and Authority. City is a &aae Rule IIUnicipal Corporation, duly organized, validly existing and in good standing. It has the right, power, legal capacity and authority to enter into and perform its obligations under this Aqr...ant and the dOCUJNnts to be executed and delivered pursuant hereto. The execution and deli very of this Agreeaent and aucb docuaents have been duly and 13 •· • 0 , - • • • • <. validly authorized by all necessary action on its part to make this Aqreaaent and such docwaents valid and binding upon it. Upon execution and deli very, this Agr .... nt and such docu.ents will constitute City's valid and binding obligations enforceable in accordance with their tenu1, except to the extent li.Jaited by bankruptcy or insolvency laws, or lava affecting creditor's rights generally. 6.2 Litigation. To the but ot the City's Jcnowladge, there is no action, suit -or proceeding pending or thr-tened against the Property or the City with respect to its inter-ts in, or its activities with respect to, the Land and r.proveaents. 6.3 Hg O.fau1ts. The consummation ot the transactions conteaplated by this Aqreeaent will not result in the br-ch of any of the teras or provisions ot, or constitute a aaterial default under any agre8J181tt or other instruaent to which City is a party or by which it uy be bound, or under any statute, ordinance, resolution, rule or regulation by which City aay be bound. SBC'nOII 7 -Ba CL08%R 7.1 Th• C1gainq. The Closing shall take place at 10:00 a.a. local ti.ae at the offi~ of th• City Attorney, City of Englewood, at Englewood, Colorado, or such other location in the .. tropolitan ar-of Denver, COlorado -the City aay d-ipate, on the eleventh (11th) day after the final date that any objections aay be filed to the City'• approval of this ~t (the •cloainq Date•). lfotwithetandinq the for-,oing, it this A9r•••nt doea not close on or before October 15, ltt7, Cinderaak aay tar111.nate this Aqreeaent by giving written notice thereof to City, and the parti• shall thereupon be released froa all further obligations and liability, except -otherwise herein provided. 7.2 AP9rgya1 gf C1g•inq DsarnJNrta. Within ten (10) days following the Effective Date of this Aqreeaant, the parti• shall agree upon the fon of the following docuaents to be delivered at Closing: (a) Th• deed to be delivered purauant to Section 7.J(a) • (b) Th• bill of sale to be delivered pursuant to Section 7.J(d). (c) Certificate to be delivered pursuant to Section 7.J(f). (d) Non-foreign person certificate to be delivered pursuant to Section 7.J(g). . , • • • 14 0 - • • "' - • • (e) Resolution and Ordinances to be delivered pursuant to Sections 7.J(h) and 7.4(c). (f) Counsels' opinions to be delivered pursuant to Section 7.J(i) and 7.4(d). (g) Releases to be delivered pursuant to Section 7.J(k) and 7.4(a). (h) Assignment and Assumption of the Western Federal Lease, Wards Leas• and the Renzioa Lea••· (i) Any other doCUllent required to be delivered hereunder. 1. J obliqation1 ot cind•ruk at c1oainq. At the Closing, Cinde;,aa)t shall deliver the following instruments and dOCWNnts: (a) Cindarmak shall execute, have acknowledged and deliver to City a quit claim deed or, if City obtains an illproveaent survey acceptable to and certified to Cindermak, a Special Warranty Deed, conveying title to City to the Land and the Iaprov...nta, subject only to the Per11itted Exceptions and the pre- printed exception to the Commitaent not deleted pursuant to this Agr•-•nt. (b) Cindermalt shall cause to be delivered to City either (i) a current ALTA Extended C>wner'• Policy of title insurance on the Property to be issued pursuant to the coaaitaent delivered to City as required by this Aqreeaent ahovincJ no lien, encuabrance or other restriction other tban the hnlitted Exceptions and pre-printed exceptions not deleted pursuant to this Agre~, or (ii) an unqualified written cOlllli.t:aent froa the Title. Company to deliver such policy of title insurance proaptly following the Closing. (c) Cindermalt shall execute and deliver to City a certification that all Leaau and Service Contracts have been terminated, except the Western Federal Lease, Wards Leaae and Renzio• Lease and tboN Service Contracts City baa elected to aHwae, provided that any action brougbt by tha City with respect to any Lea••• shall be limited as provided in section 3. 2 (d) • (d) Cinderaalt shall execute, have acknovledcJed and deliver to City a bill of -le conveying to City all of Cindarwak'• right, title and interut in and to the Personal Property without warranties. 15 ---~-' ...... ,',.,.1.... .. • • 0 I • 0 • '· (e) Cindermak shall deliver, or cause to be delivered, to City all documents required to be delivered on the Closing Date under Sections. (f) Cindermak shall execute, have acknowledged and deliver to City a certificate that all representations and warranties as contained in this Agreement are true, accurate and complete in all material respects as of the Closing Date; except with respect to Defects as set forth in Section 4.4 and exceptions permitted under S.l(c). (g) Cindermak shall execute and deliver to City a certification executed by Cindarmak that Cindarmak is not a •foreign person• in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445 (as may be amended) of the Internal Revenue Coda of 1954, as amended, and any regulations proaulgated ~aundar, as wall as any si.Jailar certification required by the laws of the state in which the Property is located. (h) Cindarmak shall deliver to City a certified copy of a resolution of Cindermak authorizing the consUJ11111ation of the transactions contemplated under this Agre ... nt and confirming the authority of the parsons executing the docwaents to be delivered under this Section 7. 3 to do so on behalf of the Cindermak. (i) Cindarllak shall deliver an opinion of its counaal that Cindermalc is duly organized, validly existing, and if applicable, in good standing, has the authority to enter into this Agr .... nt and to consuaaata the transactions contemplated hereunder, that the persons axacuting on behalf of Cindermalt this Agraaaent and the doclmants to be delivered under this Section 7.3 have been duly authorized to do ao, that Cindarm.k baa obtained all of the consents raquired to axecuta this ~•••nt and conauaaata the transactions conteaplatad hereunder, and that this Aqr....nt and the docuaants deli varad hereunder are leqal, valid and binding obligations of Cindenaak and enforceable according to their tar.a, except to the extent liaitad by bankruptcy or insolvency lava, or laws affecting creditor'• rights generally. ( j) SUbjact to the term of this Aqr .... nt, Cindaraalt shall deliver, or use its best efforta to cause to be deli vared, such other instruaants and docuaants as aay be reason- ably required by City or the Title Campany to transfer title to the Property to City in the condition herein conteaplated, including, without liaitation, a -chanic's lien affidavit or such other siailar indeanity and affidavit agr....nt reasonably nec-sary to satisfy the raquir.-nts set forth in the COllaitaent to cause the Title coapany to delete the preprinted axcaptions. 16 .. • • 0 I ]-- - • 0 l~ • (k) Cindarmak shall execute and deliver an agreement tor the release of City as provided in Section 1.2. (l) It ascertainable at Closing, Cindermak shall deliver the funds for Cindermak's Contribution, it applicable, as provided in Section 9, provided that, Cindarmak shall only provide the funds tor the Environmental R-ediation as they come due and payable. If it is not possible to determine Cindermak's contribution, if any, at Closing, any amounts due will be paid when all costs and expenses of the Environmental Remediation have bean determined. (m) Cindarmak shall execute and deliver the Assignment and Assumption ot the Western Federal Lease, Wards Lease and Renzioa Lease. 7. 4 obligations of city at Closing. At the Closing, City shall del!ver the following instruments and documents: (a) City shall execute and deliver an agreement tor the release ot Cindermak as providfld in Section 1.2. (b) City shall pay any closing costs and adjuatments as provided in Section 7.5. (c) City shall deliver certified copies ot the Ordinance• of the City of Englewood approving this Agr•-•nt, the transactions contemplated hereunder and authorizing the execution and delivery of the doCUlllents to be delivered under this Section 7.4. (d) City shall deliver an opinion of it• independent counsel that City is a Boae Rule Nunicipal Corporation, duly organized, and yalidly exiating, has the authority to enter into this Agre~t and to conauaaata the tranaactions contemplated hereunder, that the persons executing on behalf of the City thia Agra..ant and the docuaanta to be delivered under this Section 7.4 have been duly authorized to do so, that City baa obtained all of the consent• required to execute thia Agra..ant and consuaaata the transactions contemplated hereunder, and that this Agra...nt and the documents delivered hereunder are legal, valid and binding obligations of City and enforceable according to their tarwa, except to the extant liaited by bankruptcy or insolvency lava, or lava affecting creditor'• rights generally. (a) Subject to the t_... of thia Agreeunt, City shall deliver, or uae ita beat efforts to cause to be delivered, such other inatru..nta and docuaents aa -y be r-•onably required by Cindermak or the Title coapany to consuaaata the transactions referenced in this Agra...nt. 17 " - • . •· • 0 , 7 -• 0 • (t) City shall deliver the funds tor City's Contribution, it applicable, as provided in Section 9. (g) City shall execute and deliver the Assignment and Asswaption ot the Western Federal La•••, Wards Laa•• and the Renzios Lease, as well as any Service Contracts it elects to assume. 7. s Closing Costs. Closing costs and adjust:aaents shall be allocated as follows: (a) Cgata. City shall pay the cost ot the owner's Policy to be provided pursuant to the terJIS of this Agreement and all sale, use or excise taxes, if any, due upon the transfer of the Personal Property. City and Cindenak shall each pay such additional closing costs as are paid by such party according to the custom and pr!,ctice tor the purchase and sale ot co11JDercial property in Englewood, Colorado. City and Cindermak shall each pay one-half(\) of the cost of any escrow or closing tees charged by the Title Coapany. - (b) Adjustlpants. All iteJDS subject to proration under this Agreement shall be paid or shall be prorated as of the day ot Closing. Any apportionaents which are not expressly provided for below shall be made in accordance with customary practice in Englewood, Colorado for coaaercial properties. All apportionaents shall be deemed to be final, except as otherwise provided in Section 7.5(b)(ii). To th• extant costs are not reasonably ascertainable, such adjust.ants shall reasonably be estimated by Cindermak and City in good faith. All apportionaents shall be paid in cash at the ti.Ile of Closing by City or Cinderaak, as the case may be. (i) Rentals. Any rentals accrued and unpaid under leases of the Property in effect prior to the Closing, whether paid before or after Closing, shall be the property of Cinderult, fr•• of clab by the City. All rentals received by the City after closing shall be paid first to Cinderaak for any rentals due but unpaid up to the Closing. City shall cooperate with Cinderult in the event Cindermak coaaencas any suit for collection of delinquent rant due up to the Closing provided that, City does not incur any costs or liability as a ruult theraof. Cinderaak shall be responsible for any obligation to tenants regarding return of security deposits, to the extent such deposits have been actually received by Cindermak and not previously applied or transferred to the City. (ii) %Uaa, All general real estate and personal property taxes for the Property (the •Taxes•) for the calendar years prior to the calendar year in which the Closing occurs shall be paid by Cinderuk. Cindanak aball pay in full any 18 .I I· • 0 - • • "' - • • (, spacial assessments (whether than due or payable) for all improvements installed or services rendered on or prior to the date of Closing. All Taxes for the calendar year in which the Closing occurs shall be prorated based on the actual Taxes, but if such actual Taxes have not bean determined by the Closing Data, th• Tax•• shall be prorated based on an estimated uaount of the Taxes determined by the most recant levy and assessment information available. Upon final determination of the actual Taxes, the proration between Cindermak and City shall be finally adjusted based on the actual Taxes. Notwithstanding the foregoing, Cindarmak hereby reserves the right to contest general real property taxes and special assessments for the period prior to the Closing Data, at Cindermak's sole cost and expanse. City hereby consents to Cindermak contesting such -taxes and will reasonably cooperate with Cindermak in any such contest, provided it incurs no cost, liability or expense. Any reduction of taxes or special assessments ob~ained by Cindermak in any such contest shall belong to and be payable to Cindarmak and City hereby waives any claim thereto. _ (iii) operating costs. All utility service charges for electricity, heat and air conditioning service, other utilities, elevator maintenance, co-on area maintenance, taxes (other than real -tata tax-and personal property tax-), other expanses incurred in operating th• Property that Cindariaak customarily pays, and any other costa incurred in the ordinary course of buain••• or the aanagaaent and operation of the Property •hall be prorated on an accrual baaia. Cindaruk shall pay all auch axpana-that accrue prior to the Cloainq Data and City •hall pay all auch axpana-accruing on tbe Cloainq and thereafter. Cinc:lar11Alt and City shall obtain billiDIJa and -tar r-ding• Hof the Clo•ing Data to aid in auch prorationa. (iv) contracts. lll capital and other improvaaants (including labor and -tarial•) which are performed or contracted for by Cindaraak prior to the Cloainq Data vill be paid by Cindaraak, without contribution or proration froa City, and Cindarmak hereby indaanifi .. and holda City and the Property harml-• froa any claiaa raapacting ..... Cindaruk aball pay all uaounts due under the Service Contracta prior to the Closing • Hc·nmr I -DuavL!' UID !'HMM j MflQII 8 .1 TiM gf IHMSI• T1-ia of the .. aanca of the obligationa of the parti-. a.2 Limit on DIPIS91· No party •hall racov.r aqainat the other any aonatary daaag-ra•ultinq froa a breach of a warranty, rapra•antation, indaanification, or default unl••• the aggregate ~q•• suatainad by auch party exceed the sua of $50,000.00, and than tbe aaount of recovery aball not include the 19 • . .. • • 0 I • • • • • • first $50,000.00 sustained. No party shall recover consequential damages. The $50,000.00 limitation of this Section 8.2 shall not apply to any damages due under Section 8.J(iii) or 8.4(iii). 8. J City P•(a.ult. Subject to th• limitation of section 8.2, if City shall default in performing its obligations hereunder, then Cindarmak may elect to exercise the following r-edies, either concurrently or successively: (i) Cindermak shall be entitled to terminate this Agre-ant; (ii) Cindermak my recover all damages from the City resulting from the City's default (including, without limitation, attorney's fees and costs) (iii) if any default by City causes any delay in the Closing Date, Cindermak may recover liquidated damages in the amount of $5, 000. 00 per day for such delay not to exceed $100,000.00; (iv) Cindermak may, but shall not be obligated to, per:form the obligations of the City under this Agreement and the City shall pay to Cindermak upon demand all costs and expenses tt,.ereof incurred by Cindermak; and (v) any and all other remedies available at law or in equity. Cindarmak and City acknowledge that Cindarmak's damages as a result of any delay in the Closing Date caused by City's default hereunder are di:fficult to ascertain, and agree that the amount o:f the liquidated damages herein provided represents a reasonable estimate of Cindermak' s damages for such delay. In no event shall Cindermak have the right to recover consequential daaages. 8.4 cindagak P•(ault. Subject to the liaitation of Section 8.2, if Cindermak shall default in perfor11ing its obligations hereunder, then City uy elect to exercise the following reaedies, either concurrently or auccessively: (i) City shall be entitled to tu.inate this Agreeaent or it •Y obtain apecific perforunce; (ii) City •Y recover all dauqes frca Cind~ resultincJ froa Cindenaak's default (inc:ludinlJ, without liaitation, attorney'• f ... and costs); (iii) if any default by Cinderaak causes any delay in the Closing Date or if there is any delay in the completion of the lnvironaantal .....Siation u provided in Sections 4. 3 ( c) and 4. 3 ( d) directly caused by Cindenlak and not directly or indirectly caused by any third party, includincJ but not liaited to the Contractor for the lnvironaental Raaediation, City •Y recover liquidated dallages in the aaount of $5,000.00 per day for such delay, not to exceed $100,000.00; (iv) City aay, but shall not be obligated to, perfor11 the obligations of Cindermak under this Agreeaent (including, without liaitation the Envirormental Reaadiation) and Cinderuk shall pay to City upon demand all costs and expenses thereof incurred by City; and (v) any and all other r....Uu available at law or in equity. Cinderuk and City acknovledqe that City'• dallages as a result of any delay in the Closing Date caused by Cinderuk's default hereunder are difficult to ascertain, and agr• that the aaount of the liquidated damages herein provided represents a reasonable utillate of City's dmges for such delay. In no event shall City have the right to recover consequential dallag ... 20 • • 0 - • • 0 : . • IBCTl:OJI 9 -COJffRDU'UOJIB B'f CDIDDDK &Ill> TD C:IT'f Notwithstanding anything to the contrary contained in this Agreement, the parties agree to allocate and pay for the following costs related to the transactions provided under this Agreement as follows: (a) Cindermak shall pay when due the cost of the Environmental Remediation (excluding the cost of any work relating to the Mercantile Property) and the cost of bringing all real property taxes encumbering the Property current through the Closing Date. (b) The City shall pay when due any amounts for the following: (i) Any amount due to Wards under the Wards Lease on or after closing or for early termination thereof. ( ii) Any amount due to Renzios under the Renzios Lease on or after closing or for early termination thereof. (iii) Pr811li1m for the OWnar's Policy to be issued to the City. ( iv) Any penalty or early termination f•• incurred to tarminata any Service contract. (v) Any payment of any coat of anvironaental remediation of the Mercantil• Property, to the extant such cost is not paid by Mercantile Stores. (c) Th• City intends to apply to the applicable agenci-for funda to apply to the cost of studia.J or work necessary to analyze and raaadiata existing anvironaental conditions existing on the Property and other property vbicb the City is considering acquiring. To the extent the City racaivea any such funds with respect to the Property relating to this Agreeaent, the City shall pay such funds to Cindaraak to reimburse Cinderaak a portion of the cost of the Environaental Reaediation or studies obtained in connection therewith, and such aaount shall reduce the cost expanded by Cindermalt for purpos-of calculating Cindermak's contribution or the City's obligation under subparagraph (d) above. HctIOJI 10 -anvnu. or ...... ~nmra um llaDallflU No representations or varranti-whatever are ude by any party to this Agre ... nt except as specifically sat forth in this Agra-ent or in an instruaent delivered pursuant to this Agraeaent. The representations, warranties and indeanitiea ude by the parti- to this Agreeaent and the covenanta and agreeaenta to be parforaad 21 •• I· • 0 f • • ,~ • • or complied with by the respective parties under this Agreeaent, unless otherwise expressly provided in this Agreeaent, shall survive the Closing tor a period ot (i) one year following the date the City or its successors or assigns coaaances d .. olition ot the Illlprov-ents or (ii) three years from the date of the Closing, whichever occurs first. Nothing in this Agr....nt shall 11-it the obligations, indemnities, covenants and agreeaents ot th• parties contained in this Agreement that are permitted or required to be performed in whole or in part attar the Closing Date. 11.1 Effect of Raadinq•. The subject beadings ot paragraphs and subparagrapha ot this Agre ... nt are included tor purposes of convenience only, and shall not affect the construction or interpretation ·of any ot its provisions. 11.2 ·zntira Agr•mot(Suryiyal of AsrHNnt. This Agre-ant constitutes the entire agreeaant between th• parties hereto and supersedes all prior and conteaporaneous agreements, representations and understandings ot the parti .. regarding the subject matter ot this Aqr...ant. Ho suppleaent, aodification or amendment of this Agreeaent shall be binding unl .. s executed in writing by the parties hereto. 11. 3 Binding Effact. '?'Ilia Agr....nt shall be binding on and shall inure to the benefit of the partiu to it and their rupective successors and penaitted -signs. 11.4 u•iSDNot AD4 11D41M Utw;t. '?'Ilia ~t -y not ba usigned without the prior vritt.n consent of the other party; provided, however, upon written notice traa City to Cinderaak and parforaanca of all obliptions required to be pertoraed hereunder by the City, _Cindanlalt shall tranafer, usiCJD and convey th• Property at the Cloaing to an entity duitpUlted by City, provided the tranafer to auch duitpUlted entity doea not cause any advarH tax conaequancaa to CinderMk which would not otherwise occur if the property va• tranaferred to the City. In the avant of a transfer to an entity daai9D&ted by the City, the City shall r ... in obligated for the partoraanca of all tar1l8 and conditions required to ba perforaed by the City and which survive the Cloaing a• provided under the teraa of thia Agreaaent. 11. 5 Nqtic11. All notice• and other coaunications under this Agreeaent shall ba in writing and aball be deaaed to have bean duly given (a) on the date of aarvica, if aerved personally on the party to whom notice ia given, or (b) on the date of deposit in the mail, if mailed and telecopied (without confirmation required) to the party to whoa notice la to be gi van, by first cl••• .. 11, regiatered or certified, poataqa prepaid and properly addruaed, and telacopiad by facaiJlile tranaaiaaion, u followa: 22 .. • • 0 , - • • • l • . • ' .. To City at: City Manager City of Englewood 3400 South Elati Streat Enqlawood, CO 80110-2304 Facsiail• No.: (303) 762-2408 with copiu to: Danial L. Brotzman, Esq. City Attorney City ot Englewood 3400 south Elati Street Englawood, CO 80110-2304 racsilllil• No.: (303) 789-1125 To c!ndarmak at: M. Gregory Moore, Senior Vice President Equitable Real Estate Investment Management, Inc. 5775 Peachtree Dunwoody Road, #200-D Atlanta, GA 30342 Facsilllila No.: (404) 705-5840 with a copy to: Gregory r. Palcani•, Eaq. WOod, tis 6 &aaa, P.C. 1775 Sher1lan Str .. t, #1600 Danvar, CO 80203 Facsiaile No.: (303) 830-8772 and to: Robert T. GirlinCJ Kravco coapany 234 Kall Boulevard - P.O. Box 1528 King ot Pruasia, PA 19406-0928 Pacsiail• Ho.: (610) 768-6444 and to: Harold Jacobs, Baq. Wolf Block Shorr and Solis-cohen 12th Ploor Packard Buildinl) s.z. corner 15th and Cbaatnut str .. ta Philadelphia, PA 19102-2678 racsiail• No.: (215) 977-2334 23 " -. .. ' .. • • 0 . -' .... , I • " - • , . • . , '· 11. 6 Goyerninq Law. This Agreement shall be construed in accordance with th• laws of the State of Colorado. 11.7 Broker's Fees. Each of the parties represents and warrants that it has not employed, retained or otherwise utilized any broker or finder in connection with any of th• transactions contemplated by this Agre8Jllent and no broker or person is entitled to any ccmaission or finder's fees in connection with any of these transactions. Th• parties each agree to pay any claa, toqether with reasonable attorneys' fees and litigation costs, resulting in a judgment due to any broker or finder alleged to be retained by such party. 11. a Recovery ot Litigation co1ts. u any-legal action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, ·or misrepresentation in connection wi~ any of the provisions of this Agre-ant, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 11.9 ~. If any date, deadline or the expiration of any other tae period under this Agreeaent shall fall on a Saturday, Sunday or legal holiday, such tiae period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 11.10 litt•ctiya R•t•. Tile •Effective Date• of this Aqreeaent shall be th• later date of exec:ution by Cinderwak and City as indicated in the siCJD&ture block below. 11.11 Jngvlr'Rft· Any reference in this agr•••nt to the knowledge of a party shall aun to the current beat lmowledqe of such party's partners and such Partnar'• current officers and directors, vi thout aaJting any inquiry. 11. 12 IAtv:ial. Any reference in this A9r....nt to • .. teria1• or • .. teriality• shall aean any .. tter involvincJ an aaount, cost or loss of $50,000.00 or aore. C:Iff: CITY OF ENGLEWOOD, COLORADO, a Bowae Rule IIUnicipal Corporation By:_ .............. ..,... ...................................................................... ~ ThOIUls J. Burns, Mayor Date of Execution: --------' 1997 24 'I ' .. • • 0 . -' ... I I - - • CYJIDDMIKr CilfDDDl[ ASSOCIATES, a joint venture ·~ • .. • " • By: fll• Bquitabl• Life ANUrance SOciaty of the United Statu, a co-v.nturar By: - By=--------..;..------------------.... : Title-:----------------------------~ Data of Execution:_-----------' 1997 DlallmK ASSOCIATES, a co-venturer By: DAVCO, :Inc., a Partner corporation, General By: __________________________ __ ·-= Titl•-=---------------------------- Data of Bnciit!on:_-------------' 1997 II - ' • I ' • • ... • • 0 ,_ I • . ' ,. -•, . .. ·., • ... ,, -, 1. Bxbibit 1.1-A Legal Ducription or Land 2. Bxbibit_ 1.1-a Legal Ducription or Excludad Land 3. Bxbibit 3.2 (i) Tradaaaru and Tradenaau 4. Bxbibit 4.3(a) Specifications .. 5. Bxbibit 4.3(b) contract tor Aabeato• Ralladiation • • • 0 r I • -• • ·., • <, • • • • 0 ---~--' --~ I • " -. , ' -.... • . • .. ~ • .. .. • • • 0 28 , __ -• - • • . .. · ... • MMMNMff J.2 Ci) 'frail ffP ... 'l's: t& TH Cinderella City, Cinderella City Shoppi.DIJ center, Cindaralley, Cinderella City Shoppi.DIJ llall, and all related nma. ·, 29 ' ' •. • • • I • 0 • -• "' - 0 t• • <. - COUNCIL COMMUNICATION DATE: AGENDA ITEM 11 CI SUBJECT: Motion conceming CANA/Compass RPI August 18, 1997 INmATED BY: Department of Neighborhood and Business Development STAFF SOURCE: Robert Simpson, Director of Neighborhood & Business Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Prevloua Action: There has been no previous City Council action on this matter. RECOMMENDED ACTION: The Staff of the Department of Neighborhood and Business Development recommends that the City Council adopt a motion which accepta the services of the Center for Regional and Neighborhood Action and Compua RPI and memoriallzea the City Council's participation with CANA/Compass RPI in the evakatlon of transit oriented development at Cinderella City. BACKGROUND, ANALYSIS, MP ALTERNA1JYES !QENDBEQ; To realize a showcase development for the Cinderella City site, the services of the Center for Regional and Neighborhood Action and Compass RPI have been retained to assist in the development of a project that more fuHy addr111es the community's goals and specifically, the creation of transit-oriented mixed-use development. This collaborative partnel'lhip is intended to bring to the table exilting and new resources that will help to create a II icceuful pro;ect. Critical to the success of this undertaking is the full participation of Englewood City Council and Staff to ensure that the outcome expreases the needs and desires of the community .. Center for Regional and Neighborhood Action is a private, nonprofit corporation dedicated to the pursuit of collaborative approaches to problems solving. Compau RPI, is an auoc:iatlon of prominent developers, landlcape architects, bankers, and foundation executive who have created a non-profit corporation to focus metropolitan private sector leadership on formulating and implementing market-oriented plans and strategies to address growth-related quality of Ufe iaaues. FINANCIAL NPACJ; NIA YSJ QF AIJACHNINJS; NIA ..... ·~ I· • 0 1 . 2 . 3 . 4 . • • • (, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 18, 1997 7 :30P.M. Call to order. Q :# Invocation. W ~ Pledge of Allegiance . ~ RollCa11.{7~ t• 5. Minutes. tJflP'7-()a. Minutes from the Regular City Council meeting of August 4, 1997. I.)}~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) a . Englewood Planning and Zoning Commissioner Billy Douglas, Jr. will be honored for his participation in the Lakewood Planning Academy. b. Englewood Planning and Zoning Commissioner Kristin Cottle will be honored for her participation in the Lakewood Planning Academy . c . Englewood Planning and Zoning Commissioner Dave Weber will be honored for his participation in the Lakewood Planning Academy . d . Englewood Plann ing and Zoning Commissioner Carl Welker will be honored for his participation in the Lakewood Planning Academy. e . Englewood residen~ McFarland will be present to share his concerns regarding the traffi~t the Evans and Vallejo intersection. ,,, - f . ,m, Chris Moe,.,g~~·~~Allft,.-~ N!!ljB 7 . Non-~c~/!itfJ· (Please limit your presentation to five minutes.) Communications, Proclamations , and Appointments . 8 . l ./ PINN nom: If you haw• dlublllty and need auxlllay aide or..,,._., plew nollfy 11w City ol 11,ateaood (782-240&) at leNt 41 hows In advance ot w1W1 NrvloN .. nNded. n.lk you. • . ... 0 I· • 0 , I • 0 I• - Englewood City Council Agenda August 18, 1997 Pege2 9 . Public Hearing. (None scheduled) ,/ 10. Consent Agen:,. ~ .A /O . . . , -. / t.J~l/ °tfl_., u~;.i~'nrnces on i,.(1.JJ..1 /II' ~ i. Council BIii 76 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System. STAFF SOURCE: Stewart H. Fonda, Director of Utilltles. . ' JJ! I < , ii. Council BIii 75 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the Beneficial Use Farm -Progressive Farms Lease to allow a portion of the farm to be placed in the U.S . Department of Agriculture's Conservation Reserve program. STAFF SOURCES: Stewart H. Fonda, Director of Utllltles and Charles J. Caudill, Process Development Analyst. iii. Council BIii 80 -Recommendation from the Department of Public Works to adopt a bill for an ordinance granting a Utility Easement to the Public Service Company. STAFF SOURCE: Rick Kahm, Acting Director of Public Works. iv. Council Biil 79-Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing staff to complete the acquisition of the Home Lumber property. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. v. Council 911178-Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the formation of a Code Enforcement Advisory Committee. STAFF SOURCE: Bob Moore, Division Chief. b . Approval of Ordinances on Second Reading . i. Council Bill No . 74, amending Ti~-8 of e Englewood Municipal Code 1 -/ pertainin9 to Co~il Salaries. " OJA>/·. (J) f f.t:,/~ · c. Resolutions and J.Aotio . /.A(JJJ./ PM./...1..,/;.P //)f,/ X i. Recommendation from the Department of Public Works to adopt a resolution ' /JlllJ,. J? supporting Ballot Issue Number 10, the Colorado Transportation Needs Act. Tr" 1MM~TUfJOU!t~E~~~c~Kahm, In I ;~f ~="/Ji•~ £h~~ ii.v'~en~~~e~ me of P~~~orksto"J;ro~-..,--~ I/ ~ r I 1 ' motion, the purchase of Catch Basin Grates. Staff recommends awarding /1.oiJ -Q the contract to the low bidder, C & C Supply, in the amount of $27,~~ -~? STAFF SOURCE: Rick Kahm Acting Director of Public Worka. vv "v PINSe nota: H you haw a dlublllty and need auxUlary aids or W'VlcN, plNN nollfy n. City of Inglewood (712-2405) at INat 48 hours In advance of whan NrVlcN .. needed. 1'1-lk you. ,. - ·- 0 •· • 0 , • • • • t• • Englewood City Councll Agenda Auguat18,1997 Page2 9 . Public Hearing. (None scheduled) I 10. Consent Age":,.~~ /O . . . ' -'/ t.Jcf..-[/ °!'fl... U~;~K,inr.oe, .. ~..<,Ji" /!l. --() i. Council BIii 76 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System. STAFF SOURCE: Stewart H. Fonda, Director of Utilltles. .. I ,, (• l ·1 ii. Council BIii 75 -Recommendation from the Department of Utilities to adopt a bill for an ordinance amending the Beneficial Use Farm -Progressive Farms Lease to allow a portion of the farm to be placed in the U .S . Department of Agriculture's Conservation Reserve program. STAFF SOURCES: Stewart H. Fonda, Director of Utllltln and Charles J. Caudill, Process Development Analyst. iii. Council BIii 80 -Recommendation from the Department of Public Works to adopt a bill for an ordinance granting a Utility Easement to the Public Service Company. STAFF SOURCE: Rick Kehm, Acting Director of Publlc Works. iv. Council Biil 79-Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing staff to complete the acquisition of the Home Lumber property. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. v. Council Biil 78-Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the formation of a Code Enforcement Advisory Committee. STAFF SOURCE: Bob Moore, Dlvlalon Chief. b . Approval of Ordinances on Second Reading . i. Council Bill No . 74, amending Ti5of Englewood Municipal Code I -/ pertainin9 to eow·1 Salaries . " {NA>/'· fJJff.{,f~ . c . Resolutions and '1oti . ~/ PI..U&P /{)t,,/ ,,,_ \( i. Recommendation from the Department of Public Works to adopt a resolution ./'"ap,,i?-gMM;i$..:,;~i~~~~"Z~ ii .v,~enda~~e e of P Works to;/;~.,-~ I J 'I 1 1 motion , the purchase of Catch Basin Grates. Staff recommends awarding IJ ~ f) the contract to the low bidder, C & C Supply, in the amount of $27,~~ _'"'ff" ?-v STAFF SOURCE: Rick Kehm Acting Dll'Ktor of Public Worka. vv "v Plew noll: I you have a dleabllly and nwl audlary aide or wvloN, pllw nallfy Ille City of 11 ... •ood (712-240&) at INst 41 hours In advance of when NrvlcN .. ......_ ,,_. ,au. ..... •· • 0 I I - • • • 0 I• • • Englewood City Council Agenda Auguat 18, 1997 Page3 11 . · Regular Agenda. a. Approval of Ordinances on First Reading. ~'7-0 i. Council BIii n -Recommendation from the City Attorney's Office to adopt bill for an ordinance removing criminal penalties for minor tra i vi lations. STAFF SOURCE: Nancy Reid, Assistant City Attorney. ~ Council BIii 52 • Recommendation from the City Attorney's Office to adopt a , f)-u bill for an ordinance approving an agreement with Cindermak for transf,,o!J._,~ ownership of the Cinderella City property. STAFF SOURCES: Dan « / · ':::,.~~~,~~m' ellller~ r~~ lj -. {J f ·--Approval of Ordi'tlile':o'f:sec nd Re ing. j ~ - ' C. Resolutions and Motions. //n1 ~ i. 77() '7--0 Recommendation from the Department of Neighborhood and Business~-,,- Development to accept, by motion, the services of the Center for Regio I '.J A> and Neighborhood Action and Compass RPI to assist with the evaluation o • transit oriented development at Cinderella City. STAFF SOURCE: R7~ Simpson, Director of Neighborhood and Bualnau Development. vv , V 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. C.!8 Attorney's Report. • • ft£, Of-~k:,"'~ ~ "ofo" ""O'l,10N/:t:!f~ HB/f~ /I~ ~ -b~ U~o~mendation to go into utive Session immedjlf~e!Y foll ·n the regular ~f {t-/, City Council meeting to discuss a real estate matter. VJ. '/(Jr.I :a))'A/~ Adjournment~ (; 3&;JxA...-- The following minutes were transmied to City Council between 8/1/97 to 8/14197 : • Englewood Non-Emergency Pension Board meeting of April 8, 1997 • Englewood Non-Emergency Pension Board Telephone Poll of May 23, 1997 • Englewood Planning and Zoning Commission meeting of July 22, 1997 • Englewood Housing Authority meeting of June 25, 1997 • Englewood Cultural Arts Commission meeting of July 2, 1997 • Englewood Parks and Recreation Commisalon meeting of July 10, 1997 • Englewood Liquor Licensing Authority meetings of June 4 and 23, 1997 • Englewood Liquor Licensing Authority meeting of July 9, 1997 PINN note: If you haW a dlubllly and nw:I IIUXlllary alda or wvloM, pleaae nollly Ille City of llllllla•ood (712-240&) at --141 houn In advance of when NmCN ......... ThMk you. • • ., •· • 0 f "H"> I 0 , • • I I . - C) ' • 0 • • • C ' • . - • 0 • . . . I. . 0 , " -• . ' • 0 I• • < ~ . -- ----- ------- • f • • ,. - . ' 0 , • • l __ .:::_______u~~l---ff-:~+-____\,,L---1 I ----. . . , ~~-t----¥-~~~--•· 0 0 I• -. ' . . ------- ---- --------- U~ltJi)J;t.Qq~ ~~~ @~lk-- --~ (J) ~ ~ .,(Jh~Jll;,,ff)~--= • • • 0 ' 2 • ]- 0 • I. . 0 ' • -. . 0 I• • ... --- . . • C , • ]- . . 0 • . . • • • 0 ' f • - 0 •.• • ---------------------------, ----------------- • • • ---------------------- C ' ' • "' - 0 ,, • 0 ' • • ]- ·.., (. .,. • • ,.. • • September 2, 1997 ENGLEWOOD CITY COUNCIL Regular Meeting • ' ' ...