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HomeMy WebLinkAbout1996-09-16 (Regular) Meeting Agenda• • • ·, • (. • REGULAR CITY COUNCIL M££TING PUBLIC ff.EARING -1997 PROPOSED BUDGET S£PT£MB£R 16, 1996 ORD I fO, ,Al, +/, 4/, 44, 45, 46, 47, 48, 49 R£SO If•.,, 77, 78, 79, 80, 81, 82, 83, 84 . , • . • .. 0 • I. 0 , • • • <. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I . Clll180r*r Tbc regular meeting oftbe Englewood City Council -c:alled kl order by Mayor Bums at 7 :32 p.m. 2. Tbc ilMICllioa -ah-by Coucil Member Wigial. 3. ~..-As al n Praenl: Council Memllers Hadlaway, Clipp, Wigim. Habenidll. Vormiaag. w...,_., Buns Ableal: None A quor.--ptaeat. AllO ...-: City Muqel' Clalt City Aaoney ~ 5 ...... Mlillalll ID die City M--.r Gncc Dclpllly City Oat Calle Dirmar Orypwicz. F'--=ill Servicel ...._ C ·11y 0cm I' 2 • Sclldli (a) COIJIICIL NDOBa llATBAWAY IIOVD. ""911' WAS IECONN8, TO Al'l'llOVE nm MINO IIS OF nm IIEGOI.Aa IDS'l1NG OF ....... J. .... A,a: OwiJMalllClsfllllaaJ, v..-.. w--.11.a ·ck Wauaaer,Cllpp.e.r. Nays: None TIie .... c:anied. 6. Sct1f I IV.... 7. Nee 11t1f I CV.... .. I. I • • • • <. Englewood City Council September 16, 1996 Pagel 8. (a) A proclamation dClclariDg the 11111111b of October, 1996 as Knights of Columbus Mentally Hanclicappcd Drive month w coasiclered. COUNCO. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MONTH or OCTOBER. 1996 AS KNIGHTS or COWMBUS MENTALLY HANDICAPPED DRIVE MONTH IN THE CITY or ENGLEWOOD. Aya: Council Membcn Hadlaway, Vormittag. Wiggins, Habenicht, Wagoner, Clapp, Bums Nays: None The motion carried. (b) COUNCO. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT W1111 IIEGRI.T A LETTER rROM M'LIS SCOTT INDICA11NG 111.R RESIGNATION rROM 1111. ENGLEWOOD CLEAN, GREEN AND PROUD COMMISSION. Aya: Council Melllben Hadaway, Vormiaag, Wiggins, Habenicht, WagDIICI', Clapp, Bums Nays: ~ The motion carried. Council Member Hadlaway Qlllllmealed 11111 dlis rrsipwion will leave the Clean, Green ancl Proud c-· •• two people lllcllt wt ....-.. a qllict iaerview wioa to fill tbeae ancl other Vacanl polilioM. (c) COUNCO. MEMBEa HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT W1111 IIEGRI.T A U'ITER rROM llOGU SHOOP INDICA11NG BIS RESIGNATION rROM THE ENGLEWOOD PLANNING AND ZONING COMMISSION. Ayes: COIIIICil Melllben Hadaway. Vormiaag, Wiggins, Habenicht, w...,.... Clapp. Burm Nays : ~ The motion carried. (d) COUNCO. MEMBER HATHAWAY MOVED. AND IT WAS SECONDED, TO ACCEPT W1111 IIEGRI.T A LETTER rROM BUY aJCIDIOND INDICA11NG BIS RESIGNATION noM THE ENGLEWOOD UUAN UNI.WAL AUTHORITY. Aya: c-:il Melllben Hadaway, Vormiaag, Wiggins, Habenicht, w...-,. Clapp. Buras Nays: ~ The motion carried. (a) COUNOL MEMlll:a HATHAWAY MOVED. AND IT WAS UCONDU. TO OPEN A PUaUC IIEAIIING TO GATBER 1'119UC INPUT ON THE PllOl'OSED 19'7 BUDGET ,OR THE CITY or ENGLEWOOD. Aya: Council Melllben Hadllny, Vormillal, Wigias, Habelliclll. Wagoner.Clapp..,_ Nays: ~ The motion carried ancl the plllllic 1-rilla opeaed . • . .. I. • Englewood City Council September 16, 1996 Page3 All lelti.-y -pell Wider oath. (. • • t• - Director Gryglewicz, Department mFiuncial Selviccs, provided Proof m Publicalion <lCl1ifyiag dial DOlice mllle public bcuing-publisbed in 111e Englewood Herald oa Stp11 at• 5, 1996. He._.. dial 111e purpoae m 111e public hearing is to p111er public inpul oa 111e Im Buci,et 1or 111e City m Eaglewood. He advilCd 1h11 Council -pen Ille Budget oa August 29, 1996, per Ille Cllar1er, ud a fflral with Council ud ltaft' is IChedulcd for Ille :Z.-. G Scplcmller. Mr. Gryglewic:z said Ille ftill'c:lll -10 ICbeduled in order to receive prior public input and make neceauy cbanFS • dial time. Mayor Burns asked if tbeR -anyone present who would like to addras CGuncil regarding Budget items. Tbae -no one. COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC BEARING. Ayes : Council Members Hadlnay, Vonaittag, Wigins, Habenicht. Wagoner, Clapp. Burm Nays : Nooe The motion carried and Ille public bcuing clomf. 10. C--A..- COUNCD. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (a) (I) AND (II) ON nRST READING. (a) Approve oa Finl Reading (i) A OONS11lUCl'ION CONTRACT Wl11I JORDY AND OOMPAll!Y IN TIIE AMOUm' OF $76,915 FOR CITY HALL RES11lOOM RENOVATION . (ii) RESOUJJ10N NO. 75, SERIES OF 1996 A RESOLtrnON AMENDING TIIE APPROVED 1996 BUDGET AND APPROPRIA11NG MONIES FOR TIIE CITY OF ENGLEWOOD, COLORADO . Ayes : Nays : Tbe motion carried . Council Memllers fladinay, Vonaittag, Wiginl, Habenicht. Waaoaer. Clapp, Burns Nooe COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (II) (I), (II), (Ill), AND (IY). (b) Approve OIi Secoad Radilla (i) ORDINANCE NO. 40, SERIES OF 1996 (COUNCll. BllJ.. NO . 33 , DmlODUCED BY COUNCll. MEMBER HA111AWA Y) . . •. ... I . I 2 • Englewood City Council Sep(cmbcr 16, 1996 Page4 • 0 - AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE Wl11{)N PAVING DISTRICT NO. 35 (NAVAJO) IN TIIE CllY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING TIIE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING TIIE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS . (ii) ORDINANCE NO. 41, SERIES OF 1996 (COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE AMENDING TITLE 8, CHAPTERS 2A AND 2E, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO LIFE-SAFETY REQUIREMENTS FOR EXISTING IDGH-RISE BUILDINGS . (iii) ORDINANCE NO. 42, SERIES OF 1996 (COUNCIL BILL NO . 4S , INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE AU1HORIZING AN INTERGOVERNMENTAL MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND THE CllY OF ENGLEWOOD, COLORADO FOR THE TRANSFER OF LAND FOR THE S0lfllf WINDERMERE STREET IMPROVEMENTS . (iv) ORDINANCE NO. 43, SERIES OF 1996 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STA TE OF COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CllY OF ENGLEWOOD, COLORADO PERTAINING TO REPLACING WATER MAINS IN Wl11IIN THE LIMITS OF TIIE PROJECT KNOWN TO COOT AS ~BEUEVIEW NORllf'. Voteraalb: Ayes : Nays: The motion carried. Council Members Hllbaway, Vonnittag. Wiggins. Habcaichl. Waggoner, Clapp. Burm None 11. O......_., Rml1 dllll 1M Medlu (a) Approve oa Finl Reading (i) City Mana,cr Cwt ubd Council to a>lllicler a raolutioa authorizing an IIIIClldmenl IO the bounduiel al lhc Anpehoc County EnlaprilC Zone . He said the praeac zone prd1y much ltnddlcs Sallla Fe Drive duaup EqJc,iwood. Shcridaa and Ualdon. He ld"cmd 10 lhc updllcd clndopmclll plan for lhal EIIIClprilC Zone which -included in CGuncil 's packcl. saying ..:: would like to expand ii to include the Cindcrclla City silC and the Broadway corridor. Rd'crring to the~ PIF al lhc ltaff"---rum, Mr . Clut said buic:ally an Cllleqlriac z:oac dcsipalioa brings with ii ill\'ClllllClll lax credill. _. busi-facility lax credill. health i...-ancc 1ax credits. lax credits for CIOlllribulioll lO child care, educalioa and IJ'lining lax credits and eligibility for I varidy al Small Busincs Adminillralioa (SBA) programs . He o&n,d IO answer qJICllioas fJOm Council . ayiDg thll we would like IO IIIO\'C forward with this and lllbmil it IO lhc St.ale for final approval. ' ' •. I· , • Englewood City Council September 16, 1996 Pages '· • 0 I• - COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -RESOLUTION NO. 76, SERIES OF 1996. RESOLUTION NO. 76, SERIES OF 1996 A RESOL.tmON APPROVING 1lIB ARAPAHOE COUN1Y ENTERPRISE ZONE UPDATED DEVELOPMENT PLAN. Mayor Bums commenlCd that the new business facilities tax credit ClOUld be a signiflQIII item if it is available for Cindcrclla City and asked if it would, indeed. be available for the Cinderella City ~lopment. City Manager Clart responded that it is his underslanding that all of these would be available and are relalCd to the State income tax. Mayor Bums asked if there is a limit on that, opining that it is 25% of the investment. Mr. Clart said he is unsure how that works but will find out and present it back to Council . Mayor Bums asked if this forms a plan for redevelopment with regard to South Broadway . City Manager Clart responded affirmatively. City Manager Clart ~ his QOIIUllellts regarding the new business facility tax credit with Business Community Coordinator Scibelli . Mr. Scibelli stated, also, that all of the tax credits mentioned relate to the State of Colonldo income tax obligations and are tax credits that qualifying businesses in the Enterprise z.one are eligible for . Mayor Bums ubd about the tax credit available on 25% of expenditun:s to renovate vacant buildings . Mr. Scibelli said that would also apply toward a Slate of Colorado income tax obligation that a business might~. Council Member Habenicbl said thal --1 IIIOlllhs ago the Transpol1alion Commincc of Englewood FOClllillg OD T_._. or poaibly the~ Dc,,elapllleal c-itta:. mc:1 with Senator Blidiamlerfer and ICYUal other people to talk aboul the paaibility of expanding the Enterprise Z.Onc into the Cilldcldla City redevdopmeal ara. At dial time. Ille lllled. there wmcd to be a gcaerat oonsensus from dial group lhal this would DOC be advisable or plausible or even applicable. She ubd what has changed. Mr. Scibelli delcribcd. in gcaeral. an overview of the plan IO pul it illkl a bcaer CXlllleXt IO respond to her qucllioa. TIie area II.-as the Arapahoe County Entcrprile z.one. he adviled. -inoorporated for the cities of Englewood and Sheridan back in Nowelllbcr al 1990. and a ,car Iller poniom al Lilllclon were included in the Entcrprile z.one. TIie City al Eaglewood has ICIWd as the adnlillitlnlor for this area . The 7.0DC allows for a variety of S..C income tax credits for qualifying bllli mu and, he said. the purpolC for llis being bd'on: Couacil toaiabt ii bocaUlc we want to ~n the 7.0DC for E.naie-od, Sheridan Md Litt1ceOD liace the tax credits IR impol1ant for buli-n:tclllioD Md as an expansion tool . TIie City al Englewood in putiadar ii c:urrently utilizing thole in our indullrial and -!Nlfacturing base as a IIJOlll taelllioa IOOI Md a IOOI IO allow the expansion and aalion al addilioaal pri-,y jabs within the City. Mr. Scibelli advilcd dial -olthe individual tax credits include a 3% ma1111e111 tax credit for ill\'almall in eqllill4' .., of all kinds. from computen to heavy cquipmcnl . Also. then: ii a tax credit for the reliabililllioa of vacant buildings. a SSOO employee tax credit for bolh -and expanding business facilities. a $200 per employee credit to employen who provide qualified heallll imurana: awerage to their employees. and. allo. a -and exciting tax credit for expenditun:s relllCld to job training. This applies al111 to ICllool to Mxt or ICbool to ancr propaa.. which will be ~ within the entiR Arapahoe County Elllel'pri9e z.one. Mr. Scibelli pniscd the progran.. saying they are excellenl I . • Englewood City Council September 16, 1996 Page6 • 0 • opponunities for expanding the skills of the work force . Senate Bill 96-193 , just this last April , required each of the State's sixteen enterprise zones to submit the devdopment plan. Mr. Scibelli said he believes our development plan meets the bill's four basic objecti-. He said they were asked to describe the extent to which the tax credits were being used over the last six years . Abo , they were asked to provide an opportunity for enterprise zone expansion n,quab. The City of Englewood, he Slaled, has, via this plan, requeslcd that Cinderella City and the South Broadway corridor be included in an expanded Arapahoe County Enterprise Zone. The City of Sheridan, he added, requeslcd an expanded section of Federal Boulevard be included in the plan. The plan also establishes goals for the future effectiveness of the mne and it specifically asks us to review bow two distress factors related to the seven census tracts within the mne. The two distress criteria included the per capita income of less than $11, l l 6 and the unemployment rate be greater than 7 .17% related to the 1990 census data. Reviewing the four objectives, Mr. Scibelli said that, of the eleven census tracts, there are seven that qualify and meet the per capita income and the unemployment criteria. He said he believes we have made a good argument in this plan to include all of the census tracts as eligible for continuation in the mne by vinue of the fact that economic development does not occur in a checkerboard fashion . He feels the thrust of the argument to retain all census tracts within the mne is the unified approach to job retention and the expansion of businesses and the creation and retention of primary jobs within the mne as a whole . Mr. Scibelli addressed the three goals that we are required to establish to measure the future effectiveness of the mne. First, the aggregate job expansion for the enterprise zone. which includes 2S new jobs a year for the next four years . Second, annual growth in new investment and equipment is to exceed 10"/e over the previous year's total, annually, for each of the four consecutive years . He said this is an extremely important measure of annual growth and vitality within our community and Mr . Scibelli believes that by expanded use of the enterprise zone we will be able to ICC, not only the expansion of the new iaveslment in equipment in manufacturing operations, but also the expanded poMh of our indumial bae and the expansion al primary job&, which is really what the enterprise 1.011C beaefit is all about. Finally. the annual growth in sales revenue is to exClCcd S% over the previous year's l"CYCIIUCI for eacb of four years . Mr. Scibelli reilenlcd 11111 we are looking at the inclusioa of the Soudl Broldway conidor, wllicll is a retail corridor, and the inclusioa of Cinderella City, wbeniby the -.n:ment of iDCrCalcd growth sales, tax -. can be acbiewd. The expanded use by the mail --.aity of the entaprile 1.011C benefits can help us reali1.e that benefit, he said. Mr . Scibelli addressed Council Member Habenicbl's origillal questioa with repnl to what bas cbaagcd to make this feasible -. He said appn,xilllllely two years a,o ID appliclllion for inclusion of Cinderella City WB submiUcd to the Department of Local Affairs. At that time, the request was for the second floor of Cinderella City, which was dominated by office usage . The argument was that it was not retail and inclusioa would -to expand the economy . He said it is bis uadentanding that the applicalion did not get to the formal review procea with the State and it was ,-mended that the timing WB wrong for that kind of ID application. The approach today, he advised, is dill"Cfflll because the State bas invilcd us to include thoK areas which we bet~ would be helpflll in expuding the local economy. Also. there are several tax credits that are apccially beneficial to retail establishmenta. He mentioned the $SOC> tax credit for new job creation, for which a retail establishment is digible, and other benefits previously mentioned by City Manager Clark . Mr. Scibclli explained that we have included both Cinderella City and the South Broadway corridor from downtown to the Littleton border became the opportunity WB prCICIIICd to us , and because we bet~ it can be another valuable economic: tool for Englewood . City Manager Clark asked Council Member Habenicht whll the time frame -on the EfOT action. She responded that it was around Man:b, 1996 . Mr. Clark said there-quite a bit oflqislation ll)ing on at that time and he does not recall receiving any information on this in panicular. He said there were some ..... I • • Englewood City Council Scplembcr 16, 1996 Pagc7 • 0 • I• people in the lcgjslalurc who had wanted to do away with enterprise zones all together. and then: was a scncral SCIIIIC that municipalities should go into a holding pattern on enterprise zones until they saw what kind of legislation came out of it. He wondered if the recommendation she spoke of was related to that. Council Member Habenicht asked if inclusion of the South Broadway corridor, and the Cinderella City site in the Clllcrpri9c mne dcYdopment plan for the county. preclude mixed-use housing development in either area. or make that difficult. Mr. Scibclli responded thal it really does DOI . He explained that it is a benefit, or enhancemeqt, to the busincss community, existing or propoeed, and that it really is neutral with regard to future l'Clidelltial propcnies. Council Member Habenicht said she thinks she originally brought the idea of enterprise zones to Englewood yean ago. 111 she is~ IUpplll'tft'C. She also asked if temporary employment IICrvices in the Broadway corridor will have ID dfcct OD the employment rclatcd benefits. Mr. Scibelli responded that he does not believe the employment figures will be effected. Thc distress factor. he said. is related to uncmploymcnt and that does not relate directly to temporary employment. Also. per capita income is usually OD ID annual basis. He does DOI feel that temporary employment really gets captured in the two broad distress criteria. Council Member Habenicht said the City Council and the City of Englewood have taken a lot of beat for dragging their feet on Cinderella City ncgotialions and agn,cmcnts. She asked if this is not advantageous and fawnblc to the private sector to go with ID enterprise mne, since Cinderella City has gone: dark . Mr. Scibclli agreed. adding that it is one more enhanccmcnt for the future development of Cinderella City that will allow additional tax credits as part of the devclopmcnt that will occur then:. Council Member Habenicht asked if inclusion of this will preclude a developer from doing mixed use housing. Mr. Scibelli said it will DOI have any dfect. and hopes that it will be an incentive for the devdopmcnl of the area. including mixed use housing. Council Member Clipp said tllll the map does not llbow B...tway eoing all the way to the Littleton boundlriel. SIie asked iftllll is IOPN'lbing tllll WC havc propcmed that hasn't been included yet. Mr . Scibelli said thal is conec:L Cwtmly the entaprilc mne oaly includes the downtown area to Yale A-. TIie area IO whic:11 Ille is racrring is aac cunendy included in the cntcrpri1e mne. Council Member Hadl8way felt, since ceams trlCl '7 includes Cindcrdla City and the General Iron Wolb site. it ~ be an aw:nll iacealive for anyone looking II multi.family housing or retail cle\dopmalt. bocaUle it pa ample opportunity for any kind of devdopmcnt. Mr. Scibelli agnled that the dillJell aileria speaks puticularly well in that area. Mayor Bums said he gets the impression that enterprise zones have not been used very much in the past and this is ID lllempl to try to aa:deralc that use. He asked how the public will be made aware that these benefits ue available. He said then: is currently a lot of interest in locating in Englewood and this ICCIIIS like a golden opportunity to UIC this tool to help thclC busincsses. Mr. Scibelli said there ue -..I specific vehicles for getting the word out. The Busincss Dcvclopmcnt Ncwslcaer will be coming out ~ two months and will fcatun: information on the tax credits and rclatcd changing legislation. The ncwslcttcr has a mailing Ii• of OYCr twenty-five hundred. be said. and includes all ind~ and retail addresses in Englewood. Currently, a manufacturer's round table is being formed and thal will be used as a vehicle for conununicalion. The Chamber ol C-ommerce has been provided with a draft of a brochure that spells out the existing tax credits and thole that will be wed in as a result of SB 96-193 . ...... I . ------------------------,,-----,.,~-----------------------------""'"-- • Englewood City Council Scpcember 16, 1996 Pagc8 • • Mayor Bums asked about the South Suburban Board ofRealtoB. Mr. Scibelli said that would be an excellent ~. one which they had not oonsideml. Council Member Waggoner asked if the whole ccmus tract is in the eotcrprisc zone, or just a portion of it. Mr. Scibclli rapooded that be is correct, Cinderella City does not fit neatly into one ccmus tract. nor does the South Broadway corridor. Mr. Waggoner clarified tbal, although this talks about census tracts. not all of the property in that census tract is in the eatcrprile zone . Mr. Scibelli concum,d. Mr. Waggoner asked what effect putting the South Broadway expansion area in an eatcrprile zone will have on the residential properties on the other side of the alley olf of Broadway. Mr. Sc:i6elli aid be believes there is clearly an orientation in the revitalimion in a aJIIIIIICn:ial area to its adjacelll raidential properties. By providing the additional tax credits to small imiJers along dial corridor, WC hope tbal ii will enhance the ~. perhaps -• an incealM to rmovalc lOIIIC of the Vacul buildiDp that arc there . Mr. Waggoner llked if you can change reaidealial to~ becaUlc it i1 in an Clltapriac zone. Mr. Scibclli said no , you could not. it would lake a zone change. Mr. Waggoner clarified that an enterprise mne designation, lberd'ore, does not ha\'e an effect on residenlial properties. Mr. Scibclli agreed that ii does not, without a mnecbange. Council Member Habenichl asked if ii effects in any way the ease or difficulty of getting a mne change . Mr. Scibclli aid it does not. becaUlc it is a land U1C issue that really isn't rdaled to tax credits. She asked if raidailial property ownen wbo arc incluclDd in the eoterprile 1.011C along South Broadway will have any concerm • to bow tbal will neplively impact their property value or residential quality of life. Mr . Scibclli l'ClpODded that they would not . v ............... ..,row:Purl tieaNL7': Ayes : Council Mcmbcn Hathaway, Vonnittag. Wiggins, Habenicht. Waggoner, Clapp, Bums Nays: None The IDOlioa carried. Mayor aw.-= d d dial .. did -excdled jab OIi this report. (ii) Direcw Glyalewicz praealCd • rea,m .... ion from the IJqmuaeat of Fiuacial Serviccl to .... a bill a•~ appn,viag aedil mt CI II a die Mallis bonds . He explaiDed dial Welllbd Mallis Well Colparalion .... to reftaaaie a poltion of tlleir boadl, 1101 to exceed SI 1,200,000. He 11111111 dial.__ die baadl dial oripaally 6--die Mallis pn,ject . Welllbd is a1kiJ11 a ~ to prormd wilt this and in co-,;u.c.ioa wilt this onliawe, they will need a lllon special meetina to be held a -=k from IOllipl for second radii!& IO they will be 1111c to clole OIi their bonds prior to die Cllpinlion of tlleir Idler of credit. Mr. Gryglewicz advilcd dial tllis action is not Wider die pruvisica of TABOR Md is IIOl an obliplioa of die City of Eaglnood. He aid ... rea,mmeads approval of this bill .. -onlinuce. llclpoading to Mayor 8urM. Mr. Glyalewicz confirmed this is u old illllullrial dndc~me11 ,- bond. Couacil Member w...,._ lllkcd ifdleft would be a ClOII to die City . Mr . Gryglewicz aid die City of Eapewood will accually be billina the WellsronS for our ti• and effort. Couacil Member Hlillellidll lllkcd iftllis in any way effedl Ille City 's bolldi .. Cllplbility . Mr. OtyJ1cwicz aid ii does aoc • ii is aoc aa abliplion of die City of Eapewood. . . .. I . , • Englewood City Council Sepccmbcr 16, 1996 Pagc9 • • t• In response to Council Member Waggoner, Director Gryglewicz advised that they have agreed to pay the CIOlt. 1bc City Clerlt was uked to iad Council BiU No. 47 by title : COUNCIL BILL NO. 47, INlllODUCED BY COUNCIL MEMBER HATIIAWA Y A BILL FOR AN ORDINANCE AU'J1fORIZING 11IE ISSUANCE AND SALE OF 111E CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APAR'IMENTS PROJECT) SERIES 1996 IN 11IE AGGREGATE PRINCIPAL AMOUNT OF SI 1,200,000, TO REFUND PRIOR BONDS OF 11IE crrv AND TO PROVIDE FINANCING FOR RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS ; RATIFYING CERTAIN ACTION HERETOFORE TAKEN ACKNOWLEDGING 11IE USE OF A PRELIMINARY AND FINAL OFFICIAL STA'IEMENT AND 11IE EXECUTION AND DELIVERY BY 11IE crrv OF A CERTAIN INDENTURE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION lllEREWITH; MAKING DElERMINATIONS AS TO "LOW· AND MIDDLE-INCOME FAMILIES AND PERSONS ," AS TO 11IE SUFFICIENCY OF REVENUES AND AS TO 011fER MAITERS RELATED TO 111E RESIDENTIAL FACILITIES TO BE FINANCED REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . COUNCIL MEMSER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) 00 • COUNCO. aD.L NO. 47. Aya: Council Malben Hadlawly, Vormiuag, Wiggins, Habenicbt, Wagoner, Clapp, Burm Nays : Nolle The molioa carried . (I) COUNCO. MEMHR HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A 5nCIAL CITY COUNCO. MUTING ON SEPnMSER U, I"' AT 6:tO P.M. ,OR TBJ: SICOND a&ADING Of COUNOL aRL NO. 47. Aya: c-:il Malben Hadlaway, Voniiaaa, Wi ..... Habe11ic11t. w....-,,0app,eur.. Nays : Nolle The molioa carried. Tbc:re were DO additional ilellll lUbmiaod for appn,val oa ICtlOlld radifta . (See A,-la Item 10 (b) • COIIICIII A,-la.) 12 . Gemral.,..... (a) Mayor's Cllaioe I . Ma,-Burm aaled dial tlley were CDMidenbl)' pl-9 IO ftncl ... week dial WC obtailled $I., millioa. ill Ille Coafenacc c-.iaee oa ,\ppnlprillioll ill Wwi.,..., for ftnl fudilla b CIIIIIIIIUdioo oldie llllllllMIII canidor lip& l'llil . He me er d sue nllil w a flsirly ..U w ol-.y, bus a Ya)' bi& inem, .._ for die ftnl ~ WC .C llad fudiaa Cllllftnaed by die Pederal penmelll. He • . ... I . -~--------------------------·-------~----------~----------~-~ • Englewood City Council September 16, 1996 Page 10 0 • noted that it bas led to a great deal of celebration at Rm. Mayor Bums said that Mayor Webb spoke out about it and that it was rq,orted in the press that Sccrctary ofTransportation Federico Pcfta called Senator Martt Hatfield from Oregon, chairman of the Confermce Committee, and lobbied him for this money. He advised that the Senate did not have any funds in it's appropriations bill for this, the Houle did, and the Conference Committee came through with half u much u the House appropriated. He Slated that the impor1ant thing was just to get the funds, so this is a~ big item for us. Next year, he a,mmcnted, he bas been advised Rm will he asking for something like $30 million. He said Scott Recd, the Rm spokesman, called him last Wednesday and said it is impor1ant because they ask you two essential questions. Mr. llecd advised him that they 8* finl if-have a full funding grant agreement. which_ have, and the second queslion is if-have bad a prior year appropriation. If you have to say no you are in trouble and -can -say yes when the matter comes up next year, so it is ~ imponant. Also, he advised they bad the mid point design for the line. which was brought to the City last week by the Rm staff, and be understands that is being circulalcd through the Public Worts Depanment. He said Rm is moving right along on this, that they have twenty new engineers working on the final plans, which be understands are suppoml to he completed by next spring and the pR:SS is reporting that they may even stan construction, which would he infrastructure, by next spring. Mayor Bums commented that you can really begin to sec that this is going to happen and so be is very thrilled about it. (b) Council Member's Choice (i) Council Member Hathaway: I. She passed out 10 Council a copy ofan article from this week's Nation's Cities Weekly regarding group home siting and the fact that there are two dill'erent mayor's that have pleaded with CongR:SS to allow a little DIOfC flexibility in where they arc sited and how many can he sited in a particular area . Ms . Hathaway said she would like 10 SUgal that -allllacl the two -,on. Mayor BaJ1lua Fahey of Edmollds, Washington. and Mayor Rita Mullins of Palatine, Illinois. She said it is obviously not just our problem and she would like 10 have us QOlltact ti-!llll)'Cll'I to ICC if their problems arc similar to ours, bow they arc dealing with them and wbdhcr they fed like tlley aR ,eaing anywhere. 2. She said she would like 10 have a billOly from Code Enba:ment and the City Manqcr's office rcganling a laideal by the umc of~ RGllbim no IMS ll 3100 Solldl a...oct. Apparcnlly, she adviled, he Im an_..., dog problcm and --lhonluply flwlnled willl die City'1 iapo111C. Ms. Hadlaway llaled she wouldjull like IO~ MIii the City'1 iasic-Im been up 10 this poilll. 3 . She Slated she Im bad an inquiry from Mr . Gcoc Gleason rcpnling a pawnshop problem with an Englewood pawnshop. He bas some queslions u to the City's legal definition of loan sbarting and whether a transaction which CICICUl'Rd at an Englewood .-wnsbop. in which he and his son -involved, constitutes loan sbarting. She advised that Mr. Gleason would jull like to"-our policy on stolen goods laws that pertain to pawnshops. 4. She said she was going through some files at the flower shop and found a copy of an Englewood Citi7.en from 1971. She pn,vidod Council with copies of it becala tbcle -some ~ illlercSting things in there. One being an aniclc oa an clcclion ICbcdulod for Tucaday, Scplcmbcr 19"' for the Downtown ~ Authority, as to whctbcr they should ex.ill or not. Appucntly, she noted, they have been in exiltCnce for cigbtca )'Clll'I. She poillled GUI other aniclcs of illlcrest . Ms. Hadlaway advised that she would also fonwanl a copy to the Clean. Gn,ea and Proud Commission u it talks about the citi7.ens rcspomc in 1971 to the cm cycle plan tbal we -cublishing in the City of Englewood. She noted they found OUl tbll it -lhnlc times the initial e,q,ectalioll they bad anticipllcd from Englewood residents. So she noted. apparmtly Englewood Im been recycling for many, many years . . . .... I . , • r iii ll'~I ~Ii(· 11··tti fl ~ III If ~~ I~ !Jf I !~~ i :,E 9 i~ t .:11 •IE 9 l'I ~, ii Jf -n 11 till 1!J1 f9 ls: l JiJ 1 'J llt 9 I l1Ji Ji I! fl g ii 1~i f lf · ~I fl if· SJ 1~ w• I E §~~ •!Jf f if !1,JI isi f 11ii rl ii Ii 1,1· s~ Jif, ai .,,,,., Sil fg·rl I Jo . I . f Ii! ·fir 1 11 lj I J I . . ..: v 1-= s· i l < i I i, s r i 1 ·JI t 1 · r Ii 1: f. • 'I I I ,, u f if i I f !I ii if 11 I ~ '= I ' ~ >! rs:1 'rri1~ , I-! s ii ! i i1 1J!t1 I $1111 1'f :r: i 11 ! Ii J ,Ir B .ltlr -~ 11, f •~ . cl f irl · I f I, f ff • r .I~ 1rfi ; 11 · ~I 1 5 !J•f s 11 r i! ,,5 l . i , a I 1 ! 'ii 1~ 5 '1 r-1 0 • ,• r I .. 7 ',; .. • Englewood City Council September 16, 1996 Page 12 • • '· ,. ••••• ...,.. ................................ ., ... iacallersollhe Conpessioml 1cllplicla ... MW.._• al aaiw ill IIIC 1i1111 lllil. He_. ... IIC will also write 10 Secre1my Peaa wl Ma,-Welllt, no .. ..__, ....... • ll'ID ill i...,_ .. R11> ID support it. ••••• c.-:i1 ......_ v...._ ....... __ llipl llley-.-.111 Lialdon. tolllC Hipliae CaMI . He .... if~MD-IDF ..... illdllir-. 15. COUNCB. IIDOD WIGGINS MOVD TO ADIOUaN. Tbe mediq ....,_. • 1 :24 p.m. • . .. I. , 1. 2 . 3. 4 . 6. 7. 8 . Call to order. Invocation. • • AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL SEPTEMBER 16, 1996 7 :30 P.M . '?:S()p.m. lULfF"'° Pledge of Allegiance. ~ Roll Call. 1~ Minutes . a . Minutes from the Regular City Council Meeting of September 3, 1996. ~ Scheduled Visitors . (Please limit your presentation to ten minutes.) fl Non-Scheduled Visitors. (Please limit your presentation to five minutes.I ? Communications, Proclamations, and Appointments. • ~ro.woJ1 .. o ()ff--a. Proclamation declaring the month of ?f:tober, 1996 as Knights of Columbus Mentally Handicapped Drive month. 1l~ n£P·~< vrt ..,,,,o .~-1-t Letter from M'Lis Scott indicating~:~!~~on from the Englewood Clean, Green , & Proud Commilllion. fl1,..,.., _7 Letter from Roger Shoop indicati his resignation from the Englewood Planning and Zoning Commission. /.lt.A..AC.ru~,o;u:., {)pf' -1 ;0 ...... .r . MJ~ · Letter from Jerry Richmond indicating hi resignation from the Englewood ~ .~1 10 . Urban Renewal Authority . ;/~ • ,.._ note: If you haw a cllllblllty and nwl .aillay _. • _..... ,.._ nalify Ille City of & .... wood (762-2415) II ..... 41 hours In advance of when...__......_ T'-* you. ' '· ... I. • , . • t. ... " City Council Agenm September 16, 1996 Page2 9. 10. Consent Agenda. ~ . ~· Approve on First Reading. ;/~ ~ jfl\ i. Recommendation from the Department of Public Works to approve, by :,,r.~ JO(a. motion, a construction contract for City Hall restroom renovation. Staff IP"~ /1,0 recommends awarding the bid to the lowest bidder, Jordy and Company, t in the amount of $76,915.00. STAFF SOURCE: Chailea Esterly, Director of Public Works. ii. Recommendation from the Department of Financial Services to adopt a resolution appropriating funds for the Capital Projects Fund and Public Improvement Fund. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. Approve on Second Reading. /I~ i. Council Bill No . 33, amending the Pakg District No. 35 assessment ordinance. ii. Council Bill No. 44, amending sections of the Englewood Municipal Code pertaining to sprinkler systems. (ft).~, iii. o-J .f3iv. Council Bill No. 45, approving easements ~or water lines (Windermere/Belleview improvements). Council Bill No. 46, approving a Memorandum of Agreement with the . Colorado Department of Transportation for the Windermere/Belleview North improvements. . ~ 1 1 . Ordinances, Resolutions, and Motions. ~ a. Approve on First Reading. ~ ~ ~-}.ri'-i. Recommendation fro~ ~he Office ofi.ighborhood and Business • I ~ r Y' Development to adopt a resolution approving revisions to the Arapahoe County Enterprise Zone Agreement. STAFF IOUIICE: Art Scllell. Business Community Coordinator. Plwe note: If you haw a diubility and Med auxiliary_. or---.,.._ nodfy Ille City of f:l'llu•• C7U-MIS» • ta.t 41 hours In advance of when ..vices are needld. Thanli you. . . I .. I Oty Council Agenda September 16, 1996 Pap3 • • • ,. ~,/1 ii. Recommendation from the Department of Financial Services to adopt a at, 1 ~ bill for an ordinance approving credit enhancement for the ·Marks bon~1~ D'1~-J STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servlcu. HI). ( 11 Request to set a special mu~i g on September 23, 1996 at 6:00 :ll p.m. for second reading. ~ r u b. Approve on Second Reading. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. City Council Liaison to the Cultural Arts Comroiaaion. ~ -6y~ --~ . -t. n-. 1-.-· •. A ~~..L/J 14. City Attorney's Report. ~ {I)~ 1../{£ ~ ll~f!:r-7 ~ ~ ... ,~ ... i· Adjournment. <J:.;.ljr' H~ 7 0 The following minutes were transmitted to City Council between 08/16/96 and 09/12/96: • Englewood Public Library Board meeting of July 9, 1996 • Englewood Planning and Zoning Commiaaion meetings of July 16, August 6, and August 20, 1996 • Englewood Cultural Arts Commission mutinga of August 7 and August 20, 1996 • Englewood Liquor Licensing Authority meetings of July 10, August 7, and August 21 , 1996 .. I· ,._ nolr. If you haw a......, wl .... ..a.y .............. llllllfy .. Cllyef Et4'1WINlll~)II o .... 41 hours In advance of.._-*-........ 1"'* you. • • • . ' • , ENGLEWOOD CITY COUNCD. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO S41 Iller 3, 19'6 l . Cal .. °'*" The regularmeeugofdle Eqle,wocl City Council-called to order by MayorBwns at 7:37 p.m. 2 .......... The ilMICllioD -pm by Council Member Wiggins. 3. PWaerlAlep-ce The Pleqe of Allepmce -led by Mayor Bums. 4 . ...c .. Absent: Council Members Ha&baway, Clapp, Wigins. Habenic:bt, Vormiltlg. Waggoner, Bums Nooe A quorum wa praeat. S. M--. Also present: City Manqcr Clut City Attorney Brotzman Assis1ant to die City Manqcr Grace City Clerk Ellis Direclor Gryglewicz. Fillucial Scrvica Manqcr Blumendlll. Coaummity Scrvica ~ Manqcr ICalun (a) COUNCD. MDISD BA TBA WAY MOVED. AND rr WAS SECONDED. TO Al'PllOVE THE MIN1JTES OJ THE UGUIAll MEETING OJ AUGUST 19, 1"6. Ayes : Council Members Ha&baway, Vormiaag. Wigins. Habcaicbt, Wagoner, Clapp, Bwns Nays: Nooe (a) Mart FrwlfflllaR a licea.l arcbileel in die S.. of Colorado. adYial dial he- preaeal to speak lbaul die McC1eUaD lnlercllute-He provided • pael of infonnlliae for each COUIICil member, wbich die City Clerk sw1 out. He requelled tbal bis pnwn,atim be pan ofdle pablic iecon1. Mr. Fi..-aJaa llluked Council for die oppllllllllity to speak II dlil melliq oa bellalf' of bulldnldl of resideall oftbc City . He lllled tllcy ue berc ill opplllitioa to die mxtll 1p11r ofdle pRlplllml ~IICbuii of die C-470 McClellan lnlen:baqe. He said tllcy recopize dial die IDladlup illllf' ii a.led filr tbc • • . 5 A· ... I . I • .,.........-------------~-------------- Eapewood City c-il September J, 1996 Pqe2 0 • growth of our soutbcm aJQ. for the Highlands Ranch alQ. that those people need that access to the highway. He advised that they arc not opposed to the lntcrcban,e illlClf. He swcd they arc opposed to the nortbcm spur tbll comes from tbll lnlcn:buge and er«-the hilloric Higblinc Canal and the Higblinc Canal Trail. He QOIDlDCPled tbll they think this bas a profound damage to a highly valued historical and rccn:ational iaaura: for 11W' amamity and Slalc. He said those that have walked along this know the beauty of this alQ. He DOied tbll they feel that the nonbcm spur al tbc intacban,e is going to damage this area S11b11UNially . He opined that it will have a large impact on the wildlife of the area and that tbcrc is a large amount al~ flon and fauna lhcrc. He noted lhcrc arc foxes. ducks and a lot of other wildlife out tbcrc that arc going to be sipificandy damaged by the ralignmcnt of the Canal. Mr. Fraucnglass said that over 700 feet of the Canal is going to be ripped up, the old biSIOric hundred year old trees arc going to a,mc down and they wut to put that into a coacrete cutwn for that area. In addition. be swed. tbc bike path will be realigned away from the Canal. it will go down to County Linc Road and tbca have to go on-grade crossing at a proposed major four lane arterial. He said they do not believe that piece of it is needed. He praeatcd Council with a book by Robert Micbacl Pyle. "The Thunder Tree". which he was hopeful cveryoac oo Council would gel a cbaacc to read. Mr. Fraucnglass explained that Robert Pyle wrote about growing up along the Higblinc Canal and in the book he eloquently describes the value and importaacc of maiataining wild lands and natural areas in our growing urban and suburban area. He said that in Mr. Pyle 's own words. from the letter in the packet. be SlalCS that the completion of the C-470/McClcllaa Intcrcban,e. particularly the northern spur. would ncccssarily devastate one of the IIIOSl acstbctica1ly and biologically pleasing ponions of the High Linc and that it would be the replacement of superb rural rcmaant. a sigaificaat historical rarity. and an extraordinary recreational treasure with the ordinary, the common. and the ugly . Mr. Fraucnglass DOied that Council bas the opportunity to be seen as supporters of the cnviromncnt. rather than dcvdopcrs of cvciy square inch of available land. He said they don't want to ~ pandilC to put in aaotbcr four lanes of asphalt that don 'I have. son of. a n:al purpose for the residents of the area. Mr. Fraucaglass iatrodua:d Susan Hecker who would be spakiag a little bit about the FONSI swcmcnt. the Finding Of No Sigaificaat Impact. Mayor Bums advised tlw. under Scbeduled Visitors. Council lislcas to people who have pre-scbcdulcd. He DOied that Bill Hinkley is not here and Council jull lillCDOd to Mr. Fraucaglass who was not prc- scbcdulcd . Mayor Bums advisDd tbll tbc Non-Scbedeeled Visitor ponion of the Agenda is coming up next wbcrc anybody can talk for me miDUlcs. He said be did Dot think Council would want them to have a parade of people under the Scbcduled Visitor ponion who have not signed up. Susan Hecker cxplaincd they just bad the two of them and that Mr. Hinkley requested that Mr. Fraucnglass take: me miaula and that she take five minuta of his time. Mayor Bums agreed to allow Ms . Hecker to speak at this tiJllc. allowing a total ol ten minula for both. Ms. Hecker advised that she is a homeowner in Littlctoa and that she lives on the northern side of the McCleUaa Rclem>ir. which diffaly overlooks the area to be ~ on the nonb side of the McClellan lnten:bangc. She said tbal she also worts as Senior Vice Praiclcnt ol Trust Compuey of America in Englewood. Ms . Hecker said tbal first she would like to go through a quick chronological review of the documents they have scca on this project. She advised that in 1981 the McCldlan/C-470 Inten:bangc was approved by the Colorado Highway Dcpanmcat . In 1987, nine years ago. all of the research for the cavilOIIIIIClllal ,_,,,.,.. was done and complcled in tbal time. Since that time. she noted. tbcrc have been 1cacrs submined. sipalW'CI on documents in the FONSI. but tbc baic ,-,.ch for the eaviroamental 111 1 meal was done in 1917 . Ms . Heck.er ~ that it is her undcnlanding that the City olEaglewood. liom tbal cavirommatal-* docwncat. ii aupplyiag a rigbt4'-way of approximalcly 16.I aaa to tbll wbalc iDICn:baagc devclopaecat. She said lhcrc ii also a polCDtia1 implCI for the City ol Eaglcwood with the McCldlu Racrwir. which is -, clolc to the end of County Linc .... I· 0 • .------------------------------ Eapewood City Council September J, 1996 Pacel 0 • Road and McCleuan Drive there, which of course supplies water to the City of Englewood as well as Highlands Ranch. She Slated that has not been explored in the environmental assessment document. She advised that prelimimuy lep.l raean:h, by the Siena Club, WU done last MCk, and that she has been involved with this for about a week and a half. when she fint heard of the McClellan lntachange. Ms. Hecker said she would like to bring up some questions that were clis:owered in tbal prdimimuy legal research of the environmental assessment document and the filings of the clocumcnt. First of all . she advised that the length of the environmental assessment document was much loose, than an average environmental assessment. She said the average length is normally IO to 1.5 pages and this one is over SO pages. This indicates she 5lalal. aa:ording to guidelines. for an assessment OYer I !I pages that there should probably have been a complete environmental impact study done and conducted. Just today, she said, they got hold of the FONSI, the Finding Of No Significant Impact document. Ms . Hecker eotnmented that it is actually longer than the assessment study, but of course she said, it has a lot of appendic)es. She opined that this is suspect in that it indic:atcs that an impact study probably should have been conducted in the area. Secondly, she questioned if there was really a good public review of the project. Ms. Heckcr Slated that in less than three days they stood out on the Highline Trail and the impacted area and they havc ow:r 9SO signatura. She said 10 people they spoke with knew about the McClellan lntcn:hange, as a whole, and they work directly or indirectly for the Highway Department, or as pan of the project itself. She questioned whether the -.-t took into account the indirect affects of the development on the north side. An example of tbal, she maintained. the McCldlan Reservoir wu one thing that really wu not clearly denoted in the impactS on the Reservoir. Normally, she pointed out you need a cost benefit analysis in an environmental study. She said there wu no cost benefit analysis that wu ever completed at all . She queslioned whether the assessment is current, as the research was conducted nine years ago. Ms . Hecker said anybody who has lived in the area in the last three years knows that there havc been many new developments which impact the area. One in particular, she noted, is the proposed light rail project for the soutbem pan of the Denver Metro area . She mentioned a key point, that was brought up in the lepl reaearch. is that there was not enough discussion of alternatives to the full scope of the lntcrcbute ~ In fact. she said there is a 1994 case law where an environmental anemnnu did not lake iDlo account all of the allemativcs and the case was actually lost. She said she docs have a racrcnc:c of lhll cae if Council needs it. Ms . Hecker restated why they are here. that they are against the northern spur cle\oelopment of the McClellan Drive to County Line Road. they are not apillll the Interchange or any soutbem clevdopment inco Higblands Ranch . She said thal as she Slated they ~ OYer 9SO signarures against the northem spur development that this was tallcn of a sub- population ofwallien and bikers along the trail at the potential impacled area. She noted thal in 2010. at pea hours, getting oflofC-470 to go north on McClellan. as dilCUIICd in the enviromnental 11cnt study, only 9!1 cars are projocta:d in terms of the traffic Oow . As they got 9SO signalUreS in less than three days. she said maybe they need a four line Highline trail. rather than a four line McClellaa Dme oa the north side. She said they believe that the allemalive to not tamper with the Highline Cami or the Trail or the McClellan Raerwir. tbal -oftbae wcn: considered in the original 1917 study. Ms. Heclicr said they feel the lepl review of this project and the environmental a tent report clearly indicates that the aassment may be ftawed and they req11e11 a full environmental impact study be conducted and they also reqllell -public hearings as they really iw-·1 found anyone tbal has nen heard o(the project who greatly UICI the area. Ms. Hec1icr SlalOd tbal they respectfully request that Council recoasidcr their support of the Finding Of No Significant Impact. the FONSI that was done, not the impact study that perhaps should have been done and make a resolution in opposition to approve the project as it now stands . (Clerks ' note: Mr. Frauenglaa submitted the petitions to the City Clerk.( 7. N-'iedtded Viliten I· • Eapewood City C•IICil Seplalber l, 1'96 Pqe4 • -I • (a) Charles Oricz, 797S Soulh Dalura Cude West. Lilllelon. staled be is a member oC the Executive Commiuec of the Siem Club Soulh Plaae Rcgioaal Group, which includes City of Englewood and bas approximalely 100 to ISO members inside the city limilS of Englewood. He adviNd tbal be is speaking tonight on behalf of their members who are citizens oC the City . He noted tbal be mes approxilaady -half mile from the Higllline Cami Trail. Mr. Oriez explained tbal the Sierra Cub suppo111 the dl'ons of tbme in the immediatc vicinity of the implcled area. in their dl'oru ID dismade Council from pnaeding wilh this project a daigned. He said what be would like ID do for llllrten is quote from Council's own 1994 City Council pis, polic:y Sb wbic:h swa to MdeYelop policies and support regional and intajurildic:lio coopenlioa." So the queslioa tonight, be said, ii bow does this DWCb tbal 5llled City Council pl of the City . He adviNd tbal be talked to a number of Littlctoa City Council members !Oday and until they SWtal piling pboae calls from their COllllilUcDIS no one knew about dais project. He <lOIIIIIICIIICd dial, as Council hcant from one of the previous speakers, out of 9SO people who signed their peeilion, 10 knew about the project. He opined that clearly the people of Littleton didn't know about dais proposal in their backyard. He ukcd that Council place themselves in their shoes and consider also if the l'CYCl'Sal were true and the City of Littlclon sprang a major project on their border without any c:onsultalion whalsocver, be felt they would react the same way the ciliu:ns of LittlclOn arc acting tonight Mr. Oricz noted that when he looked al the original proposal 12 years ago for this thing, as part of the C-470 project. he said he did see a one way only interchange off ramp, there was no northbound. Thal as be rcc:allcd it was southbound only. He said that would not be so bad. that the Sierra Club would support proposals for a southbound only into Mission Viejo . Clearly, he DOied. the environmental mcnt from 1987, which shows 9S nordl bound vehicles, demonsuates one of two things, eilbcr the cnviroamcnlal .__, is deficicnl or it is so old as to be worthless. Mr. Oriez opined that in eilbcr cven1 you should do it over apin ID dclcnnine what the real needs and environmental impacll arc. In looking al those 9S cars he suggested they consider that in comparison ID Colorado Boulcvanl wbcrc the tnffic: wlumes wae DOI judpd to be sufficicndy heavy ID require an inlacbuF aad Holly Boulcvanl wbcrc the tnffic: .-is wae DOI sufflciendy heavy 1110 require a inlen:baaF . Mr. Oriez llaled that be does DOI see the tnffic: needs to justify tearing up the Highline Cami Trail. wbic:h is-of the premiere part values within the City ofLittlctoa and Englewood's neighbor. He poillled oua dial hiltoric:ally Englcwood bas been on very coopeq&iYe and fawnblc ian. wilh Lialcloa. He said they hope. in light of the pall experiences with Littleton and Englewood and their joinl pnijec:ls in the pall and fricndsbips aaoa City limits. thal they consider the impacll to their neighbors OIi the soulh and YOIC apinst this project. Mayor Burns uked if anyone else would like to speak. there was no one else. Council Member Haabaway asked for a show of hands of bow many were present regarding the McLcllan/C-470 lntcrchangc. Council Member Vonnittag asked for a show of hands of bow many are actual Englewood residents . Mayor Bums DOied that some of the people who think they work in Englewood might look al their address as the pollal zone is huge around here tbal says Englewood. He poillled out that an awful lot of people who think they work in Englewood really don't. (a) A proclamation declaring the IDOlllb of September 1996 as Literacy Month in the City of Englewood was coasidcred. COUNCIL M&Ma&R RA TBA WAY MOVED, AND IT WAS SICONDID, TO PROCLAIM TB& MONTH or SUTEMa!R .,,. AS LITIRACY MONTH IN TB& CITY or INCUWOOD. • . ' 0 I· 0 • • • • Enclewood City Council September J, 1996 Pqe! Ayes: Council Members Halbaway, Vonnittag. Wiggins. Habenicht. Wagoner, Clipp. Bwns Nays: ~ 9 . Pllllllcllaria& No public bearing -ICbeduled before Council. 10. C-CAaaa COUNCil. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (1) (I) THROUGH (Yi) ON nRST READING. (a) Approve on First Reading (i) RESOLUTION NO . 70, SERIES OF 1996 A RESOLUTION AMENDING 11fE APPROVED 1996 BUDGET AND APPROPRIATING MONIES FOR 11fE CITY OF ENGLEWOOD. COLORADO . (ii) RESOLUTION NO. 71, SERIES OF 1996 A RESOLUTION AUTHORIZING 11fE COLLECTIVE BARGAINING CONTRACT BETWEEN 1llE ENGLEWOOD FIREFIGHrnRS LOCAL NO . 1736 AND 11fE CITY OF ENGLEWOOD FOR 11fE PERIOD OF JANUARY I, 199711UlOUGH DECEMBER 31, 1997. (iii) RESOLUTION NO . 72. SERIES OF 1996 A RESOLUTION At.mlORIZINO 11IE cou.ECTIVE BARGAINING CONTRACT BETWEEN 1llE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 11fE CITY OF ENGLEWOOD FOR 11fE PERIODOF JANUARY l, 199711UlOUGHDECEMBERJl, 1997. (iv) RESOLUTION NO . 73 . SERIES OF 1996 A RESOLUTION AUTHORIZING 11IE COLLECTIVE BARGAINING AGREEMENT BETWEEN 1llE ENGLEWOOD EMPLOYEES ASSOCIATION AND 11fE CITY OF ENGLEWOOD FOR 11fE PERIOD OF JANUARY I. 199711UlOUGH DECEMBER JI. 1997 . (v) COUNCIL BILL NO . .is , INTRODUCED BY COUNClL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE AU'lliORJZJNG AN INIBRGOVERNMENT AL MEMORANDUM OF AGREEMENT BETWEEN 1llE ST A TE OF COLORADO DEPAR1MENT OF TRANSPORTATION AND 11fE CITY OF ENGLEWOOD. COLORADO FOR 11fE TRANSFER OF LAND FOR 111E SOIJ11{ WINDERMERE STREET IMPROVEMENTS . (vi) COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER HATIIAWAY • . I . • •r---·--~------------------ E•&lewtlllll City Coucil Sepualller 3, 1"6 Pqe6 ·, • • A BllJ.. FOR AN ORDINANCE AU'IHORIZING AN INTER.GOVERNMENT AL CONTRACT BETWEEN 11fE STATE OF COLORADO DEPARTMIDn' OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO REPLACING WATER MAINS IN Wl1HIN 11fE LIMITS OF THE PROJECT KNOWN TO COOT AS MBELLEVIEW NORTII." Ayes: Council Members Halbaway, Vonniaag, Wiggins. Habcoicht. Wagoner, Clapp, Burns Nays : None COUNCU. MDDtD IIATIIAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (It) (I) THROUGH (Iv) ON SECOND HADING. (b) Apprc,Ye on Second Reading (i) ORDINANCE NO . 36, SERIES OF 1996 (COUNCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER HA'fflA WAY) AN ORDINANCE MODIFYING THE REGULATION OF TRAFFIC 111ROUGH THE REPEAL OF 1TI'LE 11 . CHAPreR I, SECTIONS I 111ROUGH 20, AND REENAC'JMENI' OF A NEW CHAPrnR 1, ADOP11NG BY REFERENCE THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES", REVISED 199S EDmON, EXCLUDING 11fE APPENDIX. PUBLISHED BY THE COLORADO DEPAR1MENT OF TRANSPORTATION OF THE ST A TE OF COLORADO wrm CERTAIN EXCEP110NS, MODIFICATIONS AND AMENDMENTS. (ii) ORDINANCE NO. 37, SERIES OF 1996 (COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING AN AGltl!EME!ff W111111fE COi ORAOO HUMANE SOCIETY AND THE CITY OF ENGLEWOOD FOil THE LEASE OF THE ENOU!WOOD ANIMAL SHELTER.. (iii) ORDINANCE NO. JI, SERIES OF 1996 (COUNCIL BILL NO. 42 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING A GllAl'lT OF STORM SEWER LINE AND SURFACE DRAINAGE EASEMen' LOCATED AT 4141 SOU11t LIPAN STREET, ENGLEWOOD . COLORADO BETWEEN CRAIG HINRICHS AND THE CITY OF ENOLEWOOD. COLOllAOO . (iv) ORDINANCE NO. 39, SERIES OF 1996 (COUNCIL BILL NO. 43 , INTRODUCED BY COUNCIL MEMBER HAlltAWAY) AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND 111ROUOH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBERS. 1996. Ayes : Council Mcmbcn Hadlnay, Vorminag. Wigina, Habcaicbt. w....-,. Clapp, Bum • . •· 0 '- • • fi 111~~lf~i §~'llfi !(ii i ~1~Sii ~i ,~1~ ~ f if" •l rtfJ 111 f[!( l J,.U l i 11 1 (1 il 1s [ _ f ~ f u =i!J11 11 · ~f 1,1 n11 1 · i1 H 11 11 1, ~ f0 1 ~i ff t11lii1•f 1il1,~, itJf f [l~if If 1,~:le t I f 1 i 11 1 lfi~ri 1 1Jf1 t !;;t ! rl•Ji i! ~ :1r i 1, :frit1 1111 1ir 111~ 1~1, 1 1·!111,111 •it•I 1 1 1 1 wr 1°!!! ; •,,I:. tf11 ] .• r 1 11 1 Rr ·f I I l"' I ."'! . r s sir,giJ 1:1 ~, !~ !·!1Ji11 [E Ii~ 111 r fl~ll I! l11l 1! •111i1;11t !llfil Ii! 1 11 1!1 11 1111 fr l i(··~t 1,1,1~ ~JI r 111,, I t•l. 11 r!i1'11t11 l!t 1;f II! I ir!'i s ii 1:1 •. I I t -. I I I f i • I B 1 . ~ l f C) ~ l ir D . I · 1 :; •1[! ii r~11·· f 1:1 J 11~1!! i J:r r~ 1•f~iw~1 ils(I ·t, J !!• ' 1 -r~ • • r I .. • ~ • , ,,,., .~ . • . .-------------------~------- Ellpewood City C-U September 3, 1996 Pqe8 • • t• the resident doesn't pay for their first two visitor permits or their own permit. Which. she said. she thinks is appropriale. The resolu&ioo -llliped a lllllllber and read by title: RESOLUTION NO. 74, SERIES OF 1996 A RESOLUTION ESTABUSHING FEES FOR PARKING PERMITS AS REQUIRED UNDER TIIE MODEL 11lAPFIC CODE FOR COLORADO MUNICIPALITIES, REVISED 1995 EDmON, UNDER 1TI1.E 11, OIAPJBl 1, OF TIIE ENGLEWOOD MUNICIPAL CODE 1915. COUNCD. MDDD HATHAWAY MOVED, AND IT WAS SIECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -llESOLU110N NO. 74, SERIES O• 1"6. Council Member Wiggins lllled if this is an anmal renr:wa1 or just one time. Director Gryglewicz advised dial it is as they an: renewed Ayes: Council Members Hadlaway. Vonnittag. Wiggins, Habenicht. Waggoacr, Clapp, Bums Nays : None Motion carried. (Ii) Manager Blumenthal prescnled a recommendation from the Department of Safety Services to adopt a bill for an orclinamz amending sections aC the Englewood Municipal Code penaining to spriDkler S)'llelllS. Council Member Hadiaway lllled if this is jail updaling the curreat aide to briag it up to dale with what is bappeeiag -· Mr. Bbeeendwl explaiaat dial it is an appendix lm:liclll to the building aide dial adlln:-. bip rile buildillp dial -DIil pnMIIUlly sprillklered. Council Member Hadiaway lllled if he CXlllld _ ., pniblaa willl CllfolQag this if it is ._. in die baildiagl dial we c:arrmlly have in Eaglcwood. Maaapr Bl l!el aid ao ad aoeed dial -aC the awaen aC-aC die baildiags -bcre lOllipt ID tpeak ia ap widl tlil 1 S c-:il Member lfldiaway llid she-• auioul as to..._ it -IIUI ID.--, -dliap oa aay aCthe '"9ei dial-c:arrmdy cxilliag. becw • fell w • .._ raliml die belllfils fllleiag spriaklcnld or IIIJlllllftllld as far as their i--. is Cll*a'lld. Huwew.. ae llid. • didll 't ,.. to be a paament IPDC)' pulling anydliag oa tllaa dial dlcy rally -a. aware fl. Mr. Bhn I dla, advised dial they have bad fairly extmlM Qllhej ..... widl -flbatla fl the buildinp dial it all'ccts. Council Member Waggoacr DOied tllal the COIIIICil Ccn--=a&ioe iadicw dial they have 1m1 widl ownen flbatla buildinp and receiwd leaen fl..,-to Ille pn,paad adoptiall. Council Member Hadiaway commented dial we know is is an expew for ti-. but sllat is is also a ll1ldc olf. Mayor Buns IIOllld sllat Mr. BllllllClldlal also mcalioaed tbal c:ioaanac:uoa is llrei:1ing 30% fl 3333 South Bannock ud due to commence in the next couple fl lllOIIIIII. He aired about the Suk One buildiJII. Mr. Bl.-.a ......... tllal the Suk One buildia& is IO% OCCllpied by the 111ak illel( t11a1 oaly 20% is leued Olll to other people. So CJc¥e Trull. wllo is the oner ud-., fldlal bllildiq. is iD ...... witll it with ,aipelMicwK. but. he ldviled. dlcy -wtias .... om. Ma,or a.. IIOllld he ... I . • er------~-----~---__,......,_ Eaglcwood City Couacil September J, 1996 Pqe9 0 • I • should recuse himself as be has an office in thaa buildiog. but thaa be was just wondering bow they were coming along with thal one. Council Member Habenicht said thaa as she recalled one of lbc co11CC111S about sprinkleriag the taller buildings had a IOl to do with lbc kind of fire equipment thaa WC needed to provide within the City in terms of fire safety. She asked iflhil was 8Dilll to illl!*I in any way our am! or non-need for any of our existing or plan to pun:huc fire equipment. Ma-,cr Blumenthal said what wc have right now is tbcrc is a truck company, what they call a 110 foot ladder, ainaitly out of service due to 11111 in one of lbc ladders, thaa it is always a problem. He said dial tbcrc is llill a benefit to having that type of appandUS and it is Dlllllly for rescue al that paint. But. Mr. Blumenthal Slalal. lhil will certainly make a huge difference by having a sprinklered building. tbaa it will give a prutec:ted pith to lbc ground left1 for all occupants so it will certainly rais the clegn,e of safety . The City Clerk was asked to read Council Bill No. 44 by tide: COUNCil.. BILL NO. 44, INI1t0DUCED BY COUNCll. MEMBER HA 1llA WAY A BILL FOR AN ORDINANCE AMENDING TTl1..E 8, CHAPTERS 2A AND 2E. OF TIIE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO LIFE-SAFETY REQUIREMENTS FOR EXISTING HIGH-RISE Bun.DINGS. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 44. Ayes: Council MembCls Hathaway. Vormittag. Wiggins. Habenicht. W:iggoner, Clapp, Bums Nays: None Motion carried. Council Member Vortnittag asked about the approximate dale dlCle will be doac. if they wiU be done in the near future . Manap Blumenthal stated dial pn,blbly both banu within the next three years and actually within a year for the Bannock addras. Council Member Haabaway asked if tllal is bccaalc of Ille COdlllcliaa IIIUII oa rip& -oa lbc second and third ftoon for the 1D1111 pan. Mr. BIUIIIIIIOII advilld tllal dial claes have an illlplCl. dial wheneYcr you do a major reDIMllion like tllal it is prudellt to plll lbc .,...... ia. (iii) Engineering Ma-,cr Kallm praemod a rea,mmrndarioa from the Department of Public Works to adopt a bill for u onlinaDcc aacading die Pavia& Dillrict No . JS I IOI ordiaana:. He advised tbaa the public bearing Oil the IN-i"CS W held Augull 19. 1996. At tbaa time . he pointed out. he cnlCred into the record the fKt dial four raickn«ially 1.0IIOd properties had inadvcnmtly been aaeslCd al an indullrial paving lalC iaaad of a reaiclenlial '* and thaa it was necessary to make those downward adjuluneaU. Mr. Kalua advilld Council tbaa they will also ftad in their packds Slaff' s recommended lapcllllC letten to lbc folks tbaa addrallld City Council al 1bc public bearing. Unless directed otherwise, be said. swfwill mail thole lcacn out IODIOl'IOW . Mr. Kalua advised that. from the citizens thaa addrallld Council aa the public hearing. aft' recommended no cbugi: in 111 ment of those properties. Mayor Bums asked if Slaff has gone OYCr thole a,mp&ainls with thole people. Enpnccring Manager Kalua said yes . He IIOled thaa tbcrc wa a propcny __, tllal ---S about notificaboa . He advised that our records indicalc lbc propcny __, -DOCifted ia 1992 and in fact after lcagtby discullloa the propeny owner realized thal be had even aacaded die cxua meeliDg wc had aa lbc I· C • Eqlewaod City Coullcil Sept lier 3, 1996 PqelO 0 • Recn:atioo Center. Mr. Kahm advised thal the second property had 10 do with parking at Tufts and 8cYcrly and Slaff' racarched that. ffc nocal thal they ~ the don•mentl!ioo thal all of the parting OD both the north and west sides of that building are on City rigbl-d-way. Mr. Kahm swed that the third item had IO do with Mr. K07JICCk who had a lot of quaaioas about the Public Utilities Commission. He said be didn't raceive any aota from Mr. Kol.acek. Mr. Kalun advised that as a result of trying IO put bis response IOldber be contaCled Jack Baier of the Public Utilities Commillim• and they researched all three documents of file rdaliYe ID the Sula Fe ProjecL He advised that oae dealt with building two OYClpUllel, one dealt with clOling eight spur lines and oae dealt with aa:denling the Nalches Coun consuuction in Sheridan during the pnlject. Mr. Kalun said there w nodaing in any of thole documents thal addr-a access at all. He said they believe that aa:ess in this ara, if there is u ac:cess iaue, is actually an issue between the State Colorado Depanment otTl'llllpOltalion and the property owners and is not afl'eaed by the PUC nalings. Mayor Bums COIIIIDelllCd that be wondered about Mr. Kozacek's swement. that it didn't seem quite right. Mr. Kalun said that Mr. K07JICCk referenced an example in Sheridan where frontage roads were built for thole properties and in fxt the properties OD the west side of Sula Fe had direct aa:ess IO the State Highway . Mr. Kalun advised that the State CUI that access off and w required IO provide them with the frontage road. In the c:ue of all of our Englewood busi-. be explained they were already adequalely served with our Englewood road syllml that happened 10 tie in at both Quincy and at Tufts. but closing that off did not deny access to the properties. Mayor Bums said okay, thal be was wondering about that issue . Council Member Hathaway coaunented that in euence it jusa changed their access IO Oxford and Belleview. Council Member Habellicbl asked why tbeR are some properties on the rolls without any a1RSsment at all . Mr. Kalun explained that II the time we pu& the NM roll lOFlher in 1992 . we did not haw benefit ofwbll the Slllc's fillal desiga-,ld be and there were properties that ended up being acquisitions by the Slllc. COUDCil Member Hadiaway IIIUd if they paid the poc1ion buically. Mr. Kalun respoadDd that tbeR weft DO N 1'11 IO the Slllc riglll-d-way. COUNCll. Bll.l. NO. 33. ~ODUCED BY COUNCll. MEMBER HATiiAWAY A Bll.l. FOR AN ORDINANCE APPROVING 11IE WHOLE COST OF 11IE IMPROVEMENTS MADE Wl11UN PAVING DISTIUCT NO . JS (NAV AK>) IN 11IE CITY OF ENGLEWOOD . COLORADO ; APPROVING AND CONFIRMING 11IE APPORTIONMENT OF 11IE COST TO EACH LOT OR TRACT OF LAND IN SAID D1S11UCT ; ASSESSING A SHARE OF 111E COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING A SHARE OF 111E COST AGAINST EACH LOT OR TRACT OF LAND ; AND PRESCRIBING 11IE MANNER FOR 11IE COLLECTION AND PAYMENT OF 11IE ASSESSMENTS . COVNCll. MEMSIR IIATIIAWAY MOVID, AND rr WAS SICONDID, TO Al'PltOVI AGENDA ITIM 11 (1) (iii}· COVNCll. an.L NO. lJ AS AMINDID 8Y STAPP. Ayes : Collllcil Manben Hlllllway, Vormiaag. Wigi111. HabenidN. Wau,acr. Clapp. Bums Nays : Noae Motion canicd. (b) Approve on Second Rcadin1 ·- .. I . 0 -----------------------.,---~---------------------------, • Eaclewood City Council September J, 1996 Pqell 0 • I • There were no additional items submitted for approval on second reading . (See Agenda Item 10 (b) - Consent Agenda.) 12. Galeral DilCUlliaa (a) Mayor's Choice I . Mayor Bums said be would like to bring Council ~ on the light rail funding, with as much information as be bas at the present time. He noted that be bas been talking to Dennis Reynolds fairly often about this and that Mr. Reynolds spmc to R.epraeowivc Schaefer last week before be went back to Wasbingtoa. Mayor Bums advised that bis office is going to communicate with us, as be thought Senator Campbcll' s office will be, about the make-up of the conference committee on appropriations. He said that bas not been Cllablisbed yet, that they think Representatm: Frank Wolf from West Virginia is going to be on the committee. He advised that Mr. Wolfwu Chair afthe committee they testified before in February, on the House side, which favored the light rail funding. He noted we might get a million and a half inslead of the SJ million that the House recomrnc:ndNI that be understands some of this is purely political. Mayor Bums commented that there was a Rap last week. that the Mayor's Caucus folks wanted to meet with Senator Campbell and be wasn't making time to meet with them and some other people 100 . They got a linle upset and. the Mayor noted. both be and Mr . Reynolds received a call from Campbell's local Chief of Slaff to touch base about this. The other thing they were terribly concerned about was the anicle in the Rocky Mountain News two Sunday 's ago wriucn by a oom:spondent from Washington. John Brinkley. Mayor Bums commented that be bad a run in with Mr. Brinkley before about one of the articles about Senator Campbell and they were terribly afraid that be was going to write a negative article about Senator Campbcll. which be dido 't do. He stat&:d that be wrocc an article about the functioning of the light rail board. Mayor Bums pointed out that we~ a good relationship with Campbell's office right now . Thal they were told. when they were in Washington last time, that if they really bad a problem that they could jull call him OIi the pllooe. Mayor Bums noted tbal be does respond to Ill. He said ii seems. if Senator Campbcll bas bad an awful lot of meetings on the same subject. is up-UHlatc on the iSIUCS and is writing leUcrs as be did to Senator Hadield from 0regoa. that be doesn 't really want to have an excessive number af meetings about it. Mayor Bums commenced tbal tbal irritates mme people. but it means that be ~ the issue and be is really with you on it. He noted that we ~ the fommatc situation where we can just pick up the pboae and call him and be will call us back . He said be thinks we ba\'C good communicalioa tbal Senator Caiplidl · s Chief of swr said tbal sllc will also get back with us and let us know who is on the commiaee and bow to approach the committee. tbal sllc bas been around Washington for 20 years and ~ llafl' people to concact. He Slated that they are not sure bow they arc going to approach this committee and that the siz.c of it can really vary from as few as IO members to as many as SO . Until they know who is on the committee and bow to approach them. he noted. they don't know what to do. He pointed out that the goal is to get some kind of funding Ibis year and not be blanked and so they are still working on that . 2. Mayor Bums reminded C\'Cryone of the Neighborhood Watch annual dinner is Thursday night at the Malley Center. 3. Mayor Bums advised that Dennis Reynolds called him Ibis morning to chat about the E-4 70 lntcn:bange and noted that Litllcton is expecting a lot of people tonight . Linleton is annexed down 10 County Line Road and he thought maybe C\'CD a lilllc bit by Saala Fe IDlllh of County Line Road and a lot of people at the meetio& tonipt will be their citizclll. Mayor Bums said they don't know bow imponaot it is to ba\'C that spur • far as traffic conllOI and reieaK clcvice is. He advi9cd he wa1bd some of that area Satwday, but be dro\'C into one afthe lanes. Mayor Bums llid be lried to figure out as you look at it what ponioa of it is in the ioten:banF, but that it is kind of bard to fipre it out. He noted there was a Cbaooel 7 camera crew down there. having a publicity siblllioa ud a prea conference. which be llid be •. I· 0 • • l.adewood City C1111acil Sepcalber J, 1996 Pqe12 0 • didn't want to get inwlwd in the middle of tbaL He said be walked pan of it, that it is a very beautiful area. very nice, heavily treed palh and it is coacrc1e in that area too, a lot of bicyclists. He noted they were ciradaling the petition. Mayor Bums said that be did not think it would hurt. if Council wanted to talk about this some more. to have a field trip down there and take a look at it. He rommented that it is very bard to figure out from a map what they are talking about. Mayor Bums advised that be talked to Stu Fonda about it and be ubd whether they coulcl engineer the bike trail underneath the road somehow so they woulcln 't have to croa at grade. He stated that Mr. Fonda said that they had tried to engineer that every way they coulcl and they coulcl not figuR out how to do it. Mayor Bums pointed out that the piopoaems want to cut that road otJ and not have it go up to County Line Road. that that is the biggest complaiDI He said tbat ia talking to Mr. Fonda be learned that they run into the problem of having to redo the whole thing if you do that, the environmental lilllCmellt and the claign. He poinred OUl tbat this is a COOT projccl ewa dlougb it is funded by the local illlpflJW:IIICII disuict and that you nm the clanger of losing the wbole projccl if you had to start a lot of this CMr apiD and get the approvals of COOT. Mayor Burm said be dlougb Mr. Fonda wa going to be here toaigbt. He noted that this is son of like the eleventh hour and 55 minulcs here to try to change this. He advised that Dennis Reynolds was not sun: what their council wa going to decide to do. that a lot of people don't seem to know about this. He noted that a lot of the public bearings were held years ago and be said be bas some sympathy for them after getting a brief' look at it. He said maybe it would be worth a field trip down there. but be stressed the timing is very close. that they don't have much time to make any clccisions here. He said be dido 't know whether anybody else could speak to this. He swai be is not quite sun: what they can do now at this point, that it wan't on the agenda tonight. He said be is perfectly willing to go down there and advised that Dennis Reynolds talked about maybe having some vans supplied if they wanted to go down there with their Council and take a look at this. Mayor Bums stated that be told Mr. Reynolds that what they might do is wait to see what the Littleton Council comes up with tonight, what Littleton wants to do. 11lat if they want Englewood Council to take a look at it then we can take a look at it. Council Member Hathaway stated that she feds it is important that Council have from Mr. Fonda and swl'wbat illll*IS are ifit is delayed or if they don't do the north spur. She said she thinks it is important for Council to know since we own the land what impac:U it is going to have on us if something should occur later on down the road. She CXIIIIIIICDted that it is already ni11e years old and that she feds it is imponaDI to know exaclly what the impac:U will be on us• a City. lfanybocly bas raean:hed COOT. other than the FONSI. as to what the plans are exactly for Nlllling that Wider and maybe looking al other .,_ when: they have indeed nm the Canal Wider. or facililaled a bike palh, that was Olber than imnwlialcly adjacelll to the Higbline Canal . She said 11111 she cu thiM of an:as in Cbeny Hills were they have dealt with that very dl'ectMly wi-there are boules. Ms. Hathaway noted sbe delivcnld to a house lall week that was immediwly adjacenl to the HigbliDC Canal and they dealt with buffering the house from the Canal and the Canal from the to.. She aJIIIIIICllled that you can't tell that the house doesn 't belong there . Mayor Bums said that is 1n1e and that be doesn't know if you cu cut the north spur otJ and build the rest of it without having to swt the whole plan all over apin. Council Member Hathaway noted that is right. She said it would be neat to know that. Council Member Habenicht asked if it is the Higbline Canal that croaes University. Council Member Hathaway said that yes it does. Ms. Habenicht COllllllCIIICd that maybe whal they coulcl do when they do this fteld trip is to also look aa wbal is the mitigation and really wbal -.Id the impact be. She noted that it does not look lille. aa that panicularly croaing. that tbue is a serious nepaive impact on the trail at all. Mayor Bums staled that be wa curious about that too. He advitcd that Mr . Fonda said that they tried to enpneer a bcuer croaina and coulcln 't quite. that be said it was too steep or the ICll'lin was too steep or something. He said it is •. I . - - • • • Eactewood City Couacil September 3, 1996 Pqell • 0 • hard to visualize. that be does not know exactly where that point is, that they talk about wetlands and olbcr things around !here. Mayor Bums not.eel that there arc some wet areas around in there that be does not think arc actually directly impacted. Council Member Habenicht stated that wbal she is suggesting is perhaps looking al the potential, that rather than moving the bike tnil of having a way for it to Cl'OI&. So, she said. it would Slay the same and saay natural on either side with a buffi:r oa either side. Ms. Habenicht commented that maybe that would be something and that could wort to ~·s advantage. Council Member HalhaMy com!DCDfed oa an updalc on. as they projeclcd, the 95 cars a day only going aortb bound. Mayor Bums said tbal tbal doesn't Slllllld very realistic al all . Ms. HalhaMy swed if that is going to be the cue. why is it an ilme lllllea we haw an aa:css problem or somebody bu an aa:ess problem. She pointed OUl tbal it may Id be jusl ll1lffic mitigation, it may be access to McClellan or aa:ess to County Line for city or pa1IIIICIIW entities. She suggcsted that maybe COOT bu some updated infomwion oa that or that ought to haw. Council Member Waggoner said be-wondering how the residents that live in that area north of the reservoir got to their propcny. He commenred that they must haw had to cross the Highlinc Canal, because as be remembers !here wcrcn 't any Cl'Ol5ings !here until that area was developed. Council Member HalhaMy asked wberc the Highliae Canal is through that area. Mr. Waggoner advised that in fact the City had to demand tbal Ibey bold that dadopmeat back so far from the shore in order to keep them from encroaching on to the rcserwir as be remembered. He commented that be does not know if that is such a pristine area ~- City Manager Clark advilllld tbal it is bis uadcnlanding the residents arc opposed to any development on the north side. So -if we can lllalllF a grade sepanlion of the bike tnil with the connection. be said be is not sure we arc going to 5llisfy their needs. He poillled out that the olbcr thing is that they believe that IIIOII of the residential areas to the ia1h came in after this activity. with regard to the environmental impact SlalCIIICIII and all . Mayor Bums questioned how long -the shelf life on that environmental impact report? He said it is what. ten years old so wbal good is it . Council Manbcr Halbaway said she thought that was part of their issue. is that maybe it needs to be roevaluated . She swed she is not conviaccd that it needs to be the full blown wbalem' they arc asking for. City Manager Clark not.eel that also bis uadcnlandiag, -the bike tnil Im to comply with some kind of ADA rcquiremcnl on grades and 5111ft'. He said tbll -part of the problem. because they were going 10 haw to take the Highlinc Canal itlClf and reloc:alc it. which meant tbal the bike path had to be relocated with it and the new alignment was piing to cause quite a bit of grade differential in that bike path . Mayor Bums advilllld that one tbiag that Ibey also dilcuued was 1h11 the people from Highlands Ranch tbemselvcs have a chance to speak din,ctJy to Couacil. He said be thought they were here scvcral weeks ago. but that they haven ·1 beanl from them as far as their iapul on this dispute at this point either. He asked if Council is up for taking a field trip if tbal is what Littlelon would like them to do. Council Member Hathaway suggested that Council wait and see. as it may be rcsolwd tonight. Mayor Bums said that if Ibey rccommcod one be tbouaht it would be pffl1y quick. ia the next week or ten days. wbencvcr they Wllll to do that. Council Member Habcnicbt sugated Council commit u available on short nocic:c . She said she would bate to say ya she would go ud then she would have to not do something clsc she amied todo. I· 0 • ~CkyC-U Sepualler 3, 1"6 .... , • • • Mayor Burm ..-d tbey will wait ud -what Littleeoll cx,am up with ud Uy to work with them if Ibey WIDl IIIIO. City Ma-,er Clark ldYiled thll Siu Fooda -DOI here IOlligbl becluN he -down at the LiUlelOn City Couacil 08 du ia& 1'1111 tbey felt it -IDIIR imponant thll he he these. Couacil Mlllller w-..-pai.-1 • thll it is in Doaglll County, it is 11111 in Anpaboe County or the City alU..... He ...a we ue 11111 Uying IO eiramMat our neipllor OD the 11111th. thll we aft IDOd rellliom widl Lialcloa, dlll tbey ue jua paill& lllmC adler people thll liw in UttlclOa IO a mab a big _. OD OU11. He aid dley llloaJd aft heea here talkiag IO Ill, 11111 talkiag to Litdcloa. Couacil Member lfllllaway aid thll we didll't pull the wool over their eyes• all. Couacil Member Vonaiaag Mked bow tbele people c:aa argue ifdley 1M in ......-cUY Litdcloa ud it cloem't lMII CIMI" Litdcloa. Mayor Bums said but we own the site. the land. Couacil Member Hadlaway agn,ed Ibey aft -iam with 111, but that they are 11111 real valid. Mayor Burm aid yes they have an imJC with 111. Council Member Wagoaer said thll he dlougbl Littleton -ilMIMld in the original put of it anyway . Mayor Burm aid he lalliecl to Siu Follda about the fact thll the City owned farmlaad down there ud he tllaupl 1111De al it -ad all ud there --lesidue left thll -DOI big enough IO farm ud so we jUlt bave tbele pieca ... die llipway ... ript tllnJllp the put --owtl. In du puticular inllnec:tioa, he expfei_, we....-io on all br <lOl'llel'I wbicb is a wry valuable pn,peny. (b) (i) Couacil Member lfllllaway: I . She aid lhe aaciml OD the chedl!ling tba they an: dDiJls die llllliFl procell liailar to bow dley did it -,ar. -two CllllllDCUIM nigbla. SIie .... tllll iflllr _,..,,. .. Clll'IIIClly, it ... abadyheea~aaong-adlercauacil ......._ 11111 dley ................... ...e dley lilclDn..adD itall inoaeday • dley----.•-.11111. SIie,..... 11111 c-il i di 7 ly ICbedule tllan IO he a oae day dir. SIie llid lhe dDII .. ~ if in ii 1111d clDn here• City Hall or wlllsft,er, bus tllll slle claa • wia todD die ..... ewer two cxwiliC Maallly ...... SIie ........ tllll it diluleldleproce11..a ............... bedle ......... , .. die eia:Mllp dley ..a to dD M 6c:tiliC...... Couacil Mellllber Vorail7al added "widl die ... people.. Ml. Hanlulway ...... COUNCIL MDISU &\TBA WAY MOVED. AND rr WAS SECONDED. TO DDISINAnLY CIIANGE nm aUDGrr SCDDUU TO IIDUCT THAT COUNCIL B,\\IE A aUDGn UTIIUT, INS'nAD or 1WO CONSECUTIVE MONDAY NJGBn. Ayes: CGuDcil Memben Hasllnay, Voraiaal, Wigial. lflllellidln. w......-. Clapp. Bums Nays: N.- Couacil Mlllller Hldliawly llid 11111 lllly plllllllllly ... IO ll:llalllle It. Dimllliall ............ paaillledlllll. 0 I. • Eapewood City Couacil Septeaber l, 1996 Pqel!I • 0 -I • 2. She said she 1w a letter from Polly Pap. wbo -daiplled 10 find the pl.:c 10 have an update meeting of the DRCOG Meuo Vision 2020 process for all aJUDCil members who might want to ancnd. As the DRCOG representative, Ms. Hathaway said she 1.-iDd 10 "-which of the three dales would work bat. Septanber 19'8 from 710 9, Octaber 3111 from7109 orOclaber 10111 from 710 9. She said this is 10 bring everybody that 1w not been intimately inwMld in the Mcao Vision 2020 Plan an updalc as 10 where they are, bow they arc trying 10 facililllC and when: they ICC III going. Council Member Hathaway sugges&ed Council consider one of the lalcr ones as tben: woulcl he -advantaF becaule of the fact they are SW1ing the meetinp in Adams County and imybc they will lam SO!DC'thing from the procas befOR: we do ours. Discussion ensued and Council cla:ided that Oclaber I a-' would wort for the majority that might be able 10 attend. 3. She di!ilCUSICd the Clean, Green and Proud golf toumament. Slating that she understands why they arc holding it at Anuwbead. inllr:ad of the Englc,wood Municipal Golf Course . She said she also undenlands tbat we should be supporting our Clean. Green and Proud Commission, -if they are holding the toumamcnt OUISide of the City. She recommended that suppon of one foursome be approved for the toumament · Council Member Waggoner asked why they arc not having it in Englewood . Council Member Hathaway responded that they can not afford it and bec:ausc of some of the problems with the facilitation from last year. Mr. Waggoner asked wbal the difference is between Arrowhead and Englewood . Council Member Vorminag responded that it was a shotgun swt and it is a lot more profitable. Mayor Bums said they arc charging more and making a lot mOR: money on it He said he has had considcrablc discussion with Susan Van Dyke about this. Council Member Hathaway said that is why she suggested that they only pay for one foursome this year . It shows the same suppon level at Sl2S a player. she advited. or SSOO for one foursome . c-i1 Member Wagoaer opined that it IOCIDl likc it Cllllld be held within the City. Mayor Bums apml. saying that he bad urpd them 10 wort it OUl with the golf coune. COIJNCR. MJ:MSIR BATRA WAY MOVED, AND IT WAS SICONDID, TO SUPPORT ONI rouasou roa TRI CLIAN, GUIN AND PROUD GOLF TOIJllNAMINT ON OCTOBER 419 AT A COST OF $!Ill. Ayes : Nays : Council Members Hathaway, Vormittag, Habenicht. Clapp, Bums Council Members Wiggins. Wagoner 4. Council Member Halbaway rcmindcd Council lhll. as pan of a recent discullioll over Council Member Hlbenicbl's a,ac,crm aboul the Broedway Grill and the Englcnooll they may ~ goaea mmc infonnllioa about the calls for ICIVic:c 10 the liquor Cllablisbmcnu tbat arc in the 3400 on ~ Broadway . She said she did a quick sun-cy and found dull dull block bas more liquor CIUlblishmcnls than any other oa Broedway. She said she would like 10 haw: a c:omparima 10 the awra,e call hillOI)' of other liquor CllablishmcDU in lawn. such u Anp 's and others on down Broadway . She would like 10 "- wbcthcr we arc cxpericncing more calls becausc tben: is a high c:oaccntration of liquor CIUlblishmcnls or if ii is because of the particular CIUlblishmcnts that are there . She said there seems 10 be the percept.ion tbat they are cxpcricncing more calls than awra,e and she would like 10 know if tbat is the case. (ii) Council Member Vormiuag: ..... •. I . I • Eactewood City C-.cil September l, 1996 Pqe16 • • • 1. He Sllfcd tbal be his a ICller from someone requesting mon: infomwioa about the Grant house. He said they ~ a polliblc interest in buying il He said be underslands the first contract did not work OUl. 2. He agreed with Council Member Halbnay wilh reprd to not holding the budget rdJal on two Moadaynigbm. (iii) Council Member Wigim asked if Ibis would be an appnlpl'iale place to diKuss Home Lumber. City Attorney BrolZIIIID said the _..meoclarion is to diKuss it in Excadm: Session. (iv) Council Member Clapp: I. She asked City Manager Clartt to get wilh Director Black, Pub and Recrealion. to obCain an update n:pnling bow the after school daycaR prognm is worting. She said she undenlaads we may ~ a space problem. 2 . She asked alto if they can get wilh Director Stanley, Safety Scrviccs, to sec bow the non-smoking ordioaace for youth is working so far this year. 3. She asked for a copy of last year 's evaluation of the City Building Department. Council Member Vormiuag asked tbal all oouncil members receiw a a,py. Council Member Hathaway said she still has hers. (v) Council Member Waggoner said be thought we were going to get hold of the Attorney General's office and ask them if they were going to pursue enforcement of their own aJda regarding group homes. City Attorney Brotzman said be is still working with Senator Blickcnsderfer to make tbal n,quesa, in lhlt the Attorney Gcoeral 's office won't respond directly to us. (vi) Council Member Habeaic:bl ua-iu.ed her report from the Vail Coafercncc . She will bring to the next mceling some very illla'Clling safety infonnalion and will lcaw other wriucn infonmlion OIi file in the Mayor's office. if uyaae WUII capies. (vii) Mayor Burm said lhc Hoalillg Aulhority met wilh the an:bitec:ll last week about the ara norlh al the office and arc looking II dcligm for CIIIIIUIIClioa al cigbl or ten townhomes there. He said it is ewlviDg into IIIIIICthing tllll c:ollkl be quite nice . (a) City Maaqcr Clar1t recommended lhll Council ID ialo Execuliw Session i.nunedialdy following the City Council mceling to dia:ua two Ifill -llllllaS. COUNCB. MEIDU HATHAWAY MOVl:D, AND rr WAS SKONDU, TO GO INTO IXECUl'IVE SISSION IMMl:DIA TILY JOU.OWING TIii: COUNCB. MEETING TO DISCUSS UAL ISTATI MATTl:115. Ayes: Council Members Hathnay, Vormiaag, Wiggim. Habcaicbt. Wagoner, Clapp, Burm Nays : None ••••• ' I • Ea&lewCIOd City C-U September J, 1996 Pqe17 • 0 • Council Member Waggoner amid wbll offic:ial action Council should take with reprd to the McCld1an inta'cballp:. Mayor Bums ackmwledpd die people roc:ommeading tbal a raolulioa be pwed. bul ~ it is IIOl on tonigbfs ..-and felt Council is lllll )'et in a plllilioa to do so. He said tbal. since onliunc:es have already been s-1, Council .-1c1 awe to i.t 1111 and rec1o something lhll they bM-e already c1oae. Council Member Hadlaway aid Ille --'t dlillk they an: ready to do that without ~ informalion. Mayor Burm ....... ayia& dlis is the de\<enth hour and fifty-me miDula to be doing this kind of thing. Council Member Hadlaway said it -lier lllldenlaDding that they were going to be loakiag • doing a field trip and keeping an open mind. Mayor Bums said be bas asked the Mayor oC Lilllclon to CIOllllllUllic: with bim after their mecling tonigbl and let him know wllll the result o( that -and wbal they would like us to do. It will lllll be a required field trip, be said. •••• * Council Member Habenicht expressed c:oacern about what day they will meet on the budget. If it will be a Saturday, she said she already bas two Saturdays in September taken. Discussion ensued over a date for the retreat. Mayor Bums said there is a planned celebration between the cities and RTD over the light rail line on the 21st, which may or may not occur. Assistant to the City Manager Grace advised that the committee that bas worked on tbal light rail celebration is going to make a decision on September 6u.. She said she is 90% SUR: tbal the 21• is going to be an open date. City Manager Clart asked if Council would like to try it on the 9*', Slating that be doesn't think it will take very long. Otberwi1e, be said. we don't ba\'e anything scheduled for that night. Council Mcmber Hathaway said no, bul they aJUld go on their field trip if ncccsary. Discussion ensued regarding the probable length of the rcucat and possible dales. It was decided to bold the budget mraa on Saturday, September 28, 1996. 14 . City Atteney'1 lleport City Attorney Brotzman told Council that they an: refinancing the bonds on the Marts. He said the bonds carry the City of Englewood's name, ncn tagb they don 't carry any liability with that name. He said attorneys for the Wdlsronl Company were ~ to ba\'e it ready montbl ago but tbal deal fdl through. They ba\'e a new deal IICl up CNI the bonds which they were suppoNd to ba\'e to US last week. but the ordinance wa1 incomplctc and -rejected. Mr. B~ said the IIIIOf1ICyl ba\'e rcqllCSlcd that Council bold a special meeting on Scpcembcr .,. on financiq the boads. otberwix they will be in dmult. Council Member Wiggins said that is too bad. they got tbeaalva into it, let them 1M with it. Council Member Halbaway asked if there an: any~ for the City if they dmult. City Attomcy Brotzman said there is not. Mayor Bums asked if they an: lilCl'ally aoinl to be in default if we doa 't ba\'e a apecial meeting. Mr. Brotzman said they an: trying to awid the ldaadum period. Council will actually ba\'e VOied twic:c and it will be finalized bcfin and llley will haw IO go bKk IO their llllderwriler ud alk for an Cldelllioa . He . , •. ,I •· 0 • I' -·=-CllJC-8 S p t ir J. I"' ..... ·, .. • '· llid ... Ill will ~ ID diem dlll Coundl daa aal ,._. a lll*ial ..... die,. ad dlll 11111111d lie .... emip. CGuacil Member Hadlnay IIIIIDCI wbedler dlly .... IIMe • ID 1111:k • dleir .... ~ ....-« Mr. 8W ftlllll*ledtbltitiallll 2 ........ die,..__ C.-il ...._ Haail:lll ..... ifdllre ii-, i,nplic:llim caw._. lllilil-Mr. Baw llid ao, dlilia•--•all Ml.Hal ·t ..... ifdllrewiDbe-,· 52" Milelir.._......_ Mr. a.we 1;1 c ,.._.._.wiD.._ 15 . ~ II COUNCILIIIDIKRBATBAWAYMOVDTOAIUOUU. ne--. ........ 1:47 p.a. ~{W;, City Clerk I . • • • PROCLAMATION WHEREAS, the Knights of Columbus is a charitable, fraternal , family , service organization with 9,700 members in the State of Colorado; and WHEREAS, the Knights of Columbus bu raised and given to the mentally handicapped, in the State of Colorado, over 1 million dollan over the past 10 years; and WHEREAS, all funda raised stay within the State of Colorado; and WHEREAS, the Knights of Columbus bu had a pn,aence in the State of Colorado since 1900; NOW THEREFORE, I , Thomas ~-Burns, Mayor of the City of Englewood , Colorado, hereby proclaim the month of October, 1988 as: KNIGHTS OF COLUMBUS MENTALLY HANDICAPPED DRIVE MONTB in the City of Englewood, Colorado. I urge all Englewood residents to support the Knights of Columbus drive for the mentally handicapped. GIVEN under my band and seal this 16th day of September, 1996. .. I • • ·, August 19, 1996 Ann Naboltz Clean, Green & Proud Commission City of Englewood 3400 S. Elati Englewood, Colorado 80110 Re: Resignation Dear Ann, ,.. • • <. It is with great regret that I resign my position as a commissioner with the Clean, Green, & Proud. I have moved out of the city to the City of Arvada and am much too far from Englewood to make it feasible any longer. I wanted to tell you and all the other commissioners how much I enjoyed working with you these last few years. It has been an honor and a pleasure to work with everyone and a group of people I will indeed miss. I plan on eventually getting involved with the City of Arvada and will take my gained knowledge from this group forward to my next venture. Good Luck to you all!! G.& . M'Lis Sc 8215 Jay Court Arvada, Colorado 80003 •. 8b .. I. , • ·, • ... -3 September 2, 1996 561 West Tufts Ave ' ·. -·--·-Englewood, Colorado __.-.---- The Englewood City Council Englewood, Colorado Dear Mayor Burns: It is with regret that I aust resign from my position on the Englewood Planning and Zoning Coamission. Necessity requires that I return to night school on Tuesday and Thursday evening for this school year, thus eliminating the possibility of Tuesday evening P&Z aeetings. It is my hope and expectation that in the future my circum- stances would chance and allow me to serve the city again in soae capacity. My plans call for ae to sit on the commission for the last time on Septeaber 4, 1996. Sincerely, /f'i'L~ ', • . Be I· ·, (. -:: '. July Jo, 1996 Enp:woo&I Urban Renewal AUlbority c/o Mrs. Oer1nlde Welty, Recording Secretary 3400 s. Elati Street Enpewood, CO 80110-2304 Mr. Mulhern and Members of URA, • • ... ... .. :. :. -6 1cc-· 8d f.,Jl . __ "I ~~~~.~~ i "landscape &~.*~ir'.edi-aomJ· It is with regret that I must, at this time, resign or wilbdlaw myself from my position as a Commissioner of the Englewood Urban Renewal Aulbority. Due ID my ensuing rc!&Jc:alion and the very aitic:al Slage that the authority is in, I f~ that this is the most approprm time. I llave enjoyed my associltioa with the members of the bolrd and wisb the very best IO eKh of you and the URA. JBR/ltw fs: jer-ura . 3232 S. PLATlE AMR OR . • ENGLEWIXI), 00 11>110 • (3031 781~7 • MX l3DI 781-81118 • . .. •· ; , ,.. • • (. r Subscribed and sworn IO bllcnt{, me, a .,., Pubic, 1h11 ..... S.. .... -:: . . . .. ,/J..~ I. STAlE OF COLORADO CCl..MYCFARAPAHOE '· Glntd J. '*'*Y do solenny --... I an ht Aasliwl Md IVJll,/a,d .. S'Vll taadH#ad ......... is a~ newspapw IUllll'1ad ii ,. cay or Ulleton in lhe Courq of ....,.__ Slate or Cololado , and has a genera ciaMan lhMil; ... said l1MlplJla ,. been published continuously and ~ilsaidCOlnyd~ b-a pericd of mare hrl 52 ..... SlblD .... ~ d ht an.ad rdae. ... said l"IMIPIIP8r ii er1nd ii .. A111 cac. al~ aaa.t,. • -.. class man matter and that the said newspaper is a newspape, wllhkl the meaning of the ad of the General Assembly of the State of Colonldo, IAIIOll9d Man::h 30, 1923, and 8f1llled 1...ega1 Noctes and~ n other acts relaUng lo the printing and publshing of legal notice and was SU*fmil .. ~-----d 111d nwepape., arm mi WIik. on ,. anedlydmiWllk. for a period .of •.•....•• ..2. ............. -.. . oonsecutiY6 Insertions: M the first pu~bllcation of said ~ In the . ..r:.l..9.199.~ and of said nollce WU in the said lllli"Polll* teQVA.llaJ'JJl(J.,'IMhl.~.1 l}.(, Subscribed and swom to beloret{, me, a ary Public:, this ..... S.. .... ":'. .f.{-~l"!':'"I .• /j(, • • • , -~ ........ .. I . , .,. Sept.18, ,. NTIATEDaY Departmallt of Public Worb • • . . COUNCIL. CCI EV NCA'IIDN A..-... 10 Ii ...... ,... ca..t lDrClly HIii 111111•11 Ilana *'• Council approv9d the 11198 Public lmpro.ei1•1t Fund, wllic:tl Included funding far "'Cir Hal WI ¢ St 11 1 •• IIECORVFOIDED ACTION Staff 19CDfflffl811ds Council award, by motion, a corandDn comact In the amount of$78,115.00 ti, Jontt and Con.-ny, far the construc:tion of "Cllr NII Ria 11• Rtn ta .. , n•. Stlllf ha,.,.... .. «.wM:alii: •of .. lout bidder, Jordy and Company, and tlnds them ........ BACKGROUND, ANAL YIIIS, AND ALTIIINATIVEI l>l!N ErED City staff and Council have recogllized the need far KC 11 IIN ianonw In City HIii whic:tl l'IINt .......... of the Americana with OlubilltiN Ad. (ADA). Fundl _,. lllldgelld In .. 1• PIF IDr ADA~-ti, City Hall and were auppleme!IIICI in 1• far l'Nlraonl ,.IOVlllolw. Public Worb ,...._ Marc Diamlnl An:hlllctl ti) ...... planl and 111«llcnlbw 1Dr the .. IOVlllol,. En.,_ from various departments were corwulld througtm the dNlgrl pnaN. 1111110wem11a wa Include IW'IICMI of barriers to wheelchalrl, conslruc:tion of wall, ... enlry V9111bu!N, .. tloors and .................... and lighting. Specillc:atioos were wr1llln ti, ninilllze .. Impact ID .. pullllc: and....,_ Heavy dll,.-.. acllvllal wa 1111 ac:cornplished out9ide normal bullnW holn. Addllol~ ... CD1*8ca II ...... ID,_ al nee 1111 y building malllrials, partitions, and .................... dDllng .. NSnQIM. Conllruc:lan ......... restrooms 1111 doled far appiGICimllll) 35 days. Alllnml....,. .. ....._on .. ~ IDor ol City HIii and the library . FINANCIAL .. ACT Six conlrac:tDrl purchaNd planl and apec:!lcalg • far 1111 prajact. Two bldl ... nlOSlll9d and openad on August 27, 1• • dllalad in the allactlSCt lid Pnlpolal Tallulalon. The approv9d budget far City HIii ADA ln.pro.emenll ha a..,.. ol •• 000. Meq! ... lnll lDr 1111 p,ajac:I .. available within ... budget LIST OF AffACHIIENTS C.onlnCIFcni Bid T abulalion ·- • I. I ------------------------··"---------------------------- - • • • '· Advertisement of Invitation to Bid Proposal Contract (this instrument) • • Perfonnm, Payment and Main181•a Bond Receipt, R ....... Waiver of Claims Special Provilions General Col lditions Detailed Project Specifications Plans and Drawings B. Scope of wgr1(: The Coldnldor agrw to and shall furnish al labor, tools, supplies, equipment, rnateriall and everything necesury for and l'8qUired to do, perform and complere all the wortc dNaibed, drawn, Nt forth, shown and included in uid Contract Documents . c . Term• of Perfpnnance: The Con1actar agrw to w1dertake the performanc:e of the work under this Contract in accordal a with the owners schedule • specified in the ·0rawmg and Details. portion of the project apecilicatiol• immedially .... being notified to commence work by the Dnctor of Public Wortca and agrw to fuly complete uid work within 87 calender days from the dale ol uid notice, plus IUCh extension or extensions of time • may be granted by the Dnc::tor ol Pubic Wortca. o. Term• of Payment: The City agrw to pay the Col lb actor for the performance of all the work required under the contract, and the Contradol agrw to accept • his full and only compensation therefore, IUCh sum or uns of money • may be proper in accordance with the price or pricea Nt forth in the Coldractor's Prapoul her9to attachect and made a part hereof, the total estimated coat thereof being Seventy-six tbPYHod njne-hyndnpd fOd flftlln dollars ($76,915 .00). E. Appropriation of fundf : At present, sae,ooo 11aa been appiopriad for the proj6ct. Notwithstanding anything contained in this Agreement to the contrary, in the evar,t no funds or insufficient funds are approprlalecl and budgeted by the goverN'lg body or .. otherwise unavailable by any means wh..,...,... in any following fllcal period for which appropriations were received without penalty or expenae except • to thoN portions of the Agreement or other amcxna herein for which U'lda have alrwady been IIPPl'OPI iat8d or are otherwise available. The City shall immedlllt8ly notify the Colllrlletor or It's auignee of IUCh OCCUIT9"C8 in the 9119ft ol lUCh lllnniualion. F . Contract Bjndjng: tt ia agreed thal this Connet lhall be t.ldlng on and inurw to the benefit of the parties her9to, their heirs , ...cutora, admi11illtn1to,,. Wignl and aucceaaors . ' . ' .. I . 0 • • C. • CONTRACT CITY OF ENGLEV\/000 THIS CONTRACT and agrNIMI It, made and entered into this~ day of Sea8mber, 1ii§ by and between the City ofEtig!Nood, am~ corporation of the State of Colorado, henlinafter ""8rr8d to• the "City", party of the first part, and Jordy and Company General CorJtteS:rrl, hereinafter refemld to • the "Contractor" ' party of the second part WITNESSETH, commet lCing on the ~ day of Augytt. 1998. and continuing for at least ten (10) days therNller" the City advet1iled that INled p1opa1all would be received for the furnilhing al labor, tools, aupplies , equipment, materials and everylhiug nec111ary and required for the following: PROJECT: cm HAll TOILET RENQYATIONS WHEREAS, propolall pwwun to said adllerliMrnent have bNn ,.._ by the Mayor and City Council and 11'¥9 been certified by the City Engineer to the Mayor and City Council wilh • recommendation thal a conlnlc:t for said work be awarded to the above named Conndol who was the lowest reliable and l'Nponlible bidder a..fore, and WHEREAS, pursuant to said recomme11dation the Contract ha been awarded to the above named Conlractor by the Mayor and City Council and said COllllactol ii now willing and able to perform all of uid work in accordal ice with said advertilefwlt and hil propoul. NOW THEREFORE, in conlideration of the compenulion to be paid the Can1ract. the mutual agreements henlinafter co111ai11ed .. IUb;ect to the tenna ta.iaftll staled: A. Cont [let Docymenls: It ii agrNd by the .......... the fallowing lilt of instruments, drawiliga and documenl9 which .. allached ...,, bound ~ or incorporated heNin by~ conltilula and ... be r.r.n.t to .... the Contract Docunenla or the Contract and al ol uid inllnmenls, draiiga, and doc:umenls taken togeltw • a whole conetllull the Ccnract lletl een the parliN tw'8IO and they .. • fully a part of lhil agrNment • if 11w..,. Nt out verbllllm and in ful herein: Page 1 • I· 0 1 32xl . . Advertisement of Invitation to Bid Proposal Contract (this inatrument) • • Performance, Payment and Mainlal•a Bond Receipt. R ....... Waiver of Claims Special Provisions Getwal Col ldltlonl Oailed Project Spec:ilicatiol • Plana and Drawings B. Scgpe qf worts: The Conlrllc:tal agrw to and 111811 fwnilh al labor, tooll, supplies, equipment, materials and everyll*lg '* •••• ., for and '9q&,ir'ed to do, perform and complere all the work dNcrlbed, drawn, -farth, shown and included in uid Contnlct Documenls. C . Tmm, qf Perfqrmance: The Contactor agrw to undartalce the pe,fomaice of the work under this Contract in accordance with the owners schedule • epecilled in the "Drawing and Details" portion of the prqec:t apecific:atiol• immedllllly ... being notified to commence work by the Oirec:tor of Public Works and agrw to fuly camplala Mid work within 87 caletlder days from the -. of uid notice, plus IUCh ..,_,,, or extenliona of time • may be granllld by the Dnc:IDr of Pubic Wortca . D. Ifffl!I qf Payment: The City agrw to pay the COlllractol for the perfannm of al the work requintd lnier the conlrac:t, and the COllhc:llor agrw to accept • his ful and only compensation thelllfol•. IUCh IUffl or IUffll of money • may be proper in accormi ice with the price or pricN Nt farth in the COi nc:tor'a Propoul twwto altached and made a pert heraof, the 1111111 ealirnald COit thel9Clf being ($76,915.00). E. Appnpp;pn qf F!IJdl· At prw,t, 111,000 ha been IPPIIDP"*d for the prajKt. Notwiltlstai ldi III anything eo1aiiad in 1h11 AQrNffllfll to the connry, in the ..,,t no funds or inlufllcienl funds .. approprilllld and blldgllad by the .,_.,.Ill body or .. oll'lelwiN unavailable by .,., ,.... ....... in .,., falkMilig 111:11 period for which appopiiatiol•..,. MCaivad without penalty or...,....._• to IIOae partianl of the AgrMmenl or alh.-amounla harein for which f&nla hava...., bNn appapriaad or .. othel wiN availabla. The City shall immedlalaly nolfy the Conlractor or 11'1 auignN of such occun.,ce in the aver,t of IUCh llrn'lination. F . Congct Bjndina: It ii agraed that 1h11 Conlrac:t 111811 be i.dng on and inln to the benefit of the parties herato, their heh, UICUtorl, adminiltlalutl, Wigrll and 11 ICCNIOl'I. . ' • I. , - - \ . .. • IN WITNESS WHEREOF, the parties have caad theN 111 .... to be ligl,ed peraonally or by their duly authorized offlclrs or..-and their ..i lllllmd and cMy allNled the day and yur first above wrill8n. This Contract 1a mcilll8d in __ s ....... ~. ATTEST CITY OF ENGLEWOOD t,r ________ _ City Clerk Appr'OIMd -to form: City llltOmey ATTEST : EN> OF CONTRACT 118,ar Party rl the Flrlt Part t,r ________ _ Party rl the Second Part .. I ' .. . ... ·, • . , ( ~ . - " ~ I 111 i1) I ID -l -0 I Cl!. i • E .. 1£ ! CD ' ~ w I :1 ' ' I g I If • I I I I. J','. Pnnled on Recycled ?as>er ,~\ " ... ; .--------------------~------~--~ .. ,.. • • <, COUNCIL COMMUNICATION Da Agendll ltam Subject September 18, 1998 Transfar Genaral Fund Balance and 10 a ii Appropriata funds for Iha Capilal Projects Fund and Public lmpi-.nt Fund Initiated By I Staff Source City of En11i-«>d Financial Services o-rtment Frank Grv11lewicz , Director COUNCIL OOAL AND PREVIOUS COUNCIL ACTION The Council apprOV9d the 1996 Budgat and Appropriation on final reading November 8, 1995. Th• City Council~ the Fiw YNr capital Plan on July 22, 1998. RECOMMENDED ACTION Staff racommends the City Council approve the attached rnolution transferring funds from the Genaral Fund to the Capital Projects Fund and Public lmpro1191M11ts Fund. Also, this resolution appropriatn funds for the purchase of Safety Sarvic:IIS aquipmant and construction . The appropriations are for construction of the communication cantar and purchase of tire aquipment . The remaining funds will be held in the Capital Projects Fund for future capital construction and purchases , including computer equipment previously funded from the Public Improvement Fund . The sources and usn of funds ilre: GENERAL FUND: Soyrg 9' Funds; Fund Balance UN of Fund•; Transfars Out CAPITAL PROJECTS FUND: Soyrg of Funds: Transfar In U,,ofFuw: Fire aquipmant General Fund Capital Projects Total UH of Funds PUBLIC IMPROVEMENTS FUND: l9Ml'5I of fund•; Transfar In U,, of fuQd1 : Communication Center Construction $2,747,500 $2,747,500 $1,997,500 $400,000 $1597500 $1 ,997,500 $750,000 $750,000 . ' •. .. I • 0 . ~. , Fund Balance Projections With/Without Transfers Of Fund Balance From The General Fund ... • • No Tranafllr Of Fund Balance Beginning Fund Balance Projected R- PTojec:ted Expenditures Other (Transfws, Contingency , ate.) Projected Ending Fund Balance Beginning Fund Balance Projected R-un Projected Expenditures Other (Transfws, Contingency , etc . ) Projedad Ending Fund Balance 7,862.388 22,849,782 22,338,377 879,576 7,494,217 PIF 1.211.2n 1,856,478 2 ,863,005 89,800 294,545 CPF 0 0 787,598 787,598 0 With Tranafllr Of Fund Balance 7,862,388 22,849,782 22,338,377 3,827,076 4,748,717 PIF 1,211,272 1,856,478 2,863,005 839,800 1,044,545 CPF 0 0 787,596 2 ,785,096 1,997,500 . ' j • . .. I. , ,. UIOLtmoH HO . ..k .... °"1111 (. • • ,. .• J() tL i,' A REsOLUTION AMENDING THE APPROVED 1996 BUDGET AND APPRoPRIATING MONIEs FOR THE CITY OF ENGLEWOOD, COLORAOO. WHEREAs, the City Council of the City of Enet-oocl, Colando, --. to make certain c:bana-to the 1996 Annual Budpt which wen, 11mCJnNm when the oriaina) 1996 Buqet wu adopt,ed on November 8, 1996; NOW, THEREFoRE, BE IT REsoLVED BY 'nm CITY COUNcn. OF THE CITY OF ENGLEWOOD, COLORADo, THAT: Sectioo 1. The City of Englewooc1 1996 Budpt ia hereby •mended u followa: GBNIBAI, FUND Sgpn:, pf Fvnde. General Fund Balance IIae q{ Fvoda; Tranafen Out Sn.1n:e a( Funcla: Traufer In PUJIJ,IC Dre80YBNBm:s FIZN.D Scnime g1 f'vnde; Traufer In IIae pf Fvnd1; Communication Center Comtnu:tion --- 12,747,500 12,747,500 • 7SO,OOO . ' • . I. '' , • • <. SecSim 2. The City Manapr and the Director of Financial Servicea are hereby authoriaed to make the above cbanpa to the 1996 Budpt oltbe City otBapwood. ADOPTED AND APPROVED tbia 18th clay olSep«ember, 1996. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clem far tbe City at.....,...._ Colando, ~ ~ tbe above ia a tne copy of Reaolution No.~ S... at 1996. • . . -------~--....- • . • I . • OIIDINANCB NO. ~ 8B811180FJJl88 0 , . ·, • BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER HATHAWAY 10 bf AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 35 (NAVA.JO) IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS. WHEREAS, by Ordinance No .17, Seri• of 1992, puaed on final reading and adopted OD April 20, 1992, the City Council of the City of Englewood, Colorado, baa created Paving District No. 35 (Navajo), within the City for the purpoae of constructing and inatalling paving, curb, gutter, and sidewalk improvementa, together with neceaaary incidentals on a certain street within the District; and WHEREAS, the improvement& authorized by aaid ordinance have been atarted and are anticipated to be completed in 1997, and the total coat of auch improvement& have been reliably ascertained; and WHEREAS, an asseaament roll baa been prepared and a statement showing the total cost of the improvementa has been duly filed with the City Clerk; and WHEREAS, from the statement made and filed, it appears that the total coat of the improvements to be conatructed and ~ed within the District shall be $5,400,000.00, of which amount $506,297.87, is being a...aed apinat the real property within the District; and WHEREAS, aaid -enta are bued on actual -ent coeta from conatruction in 1991 as publiahed April 9, 1992, in the Ordinance No. 17, Series of 1992 forming the District; and ' WHEREAS, the City Council baa apportioned a lhare of the total coat& to each lot or tract of land within the District, in accordance with the benefits to be derived by aaid property and in the proportiona and amounta aeverally aet forth in "Ezhibit A· attached to tbia Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO; AS FOLLOWS: Sec;tion 1. Confjgp•tjgp pf Aeerement Rpn . The apportionment of the -ents is hereby approved and confirmed . Said apportionment ia hereby declared to be in accordance with the special benefita which the real property in the Diatric:t will receive by reason of the construction and inatallatioo of the improvement&. A abare of aaid coat ia hereby asseased to and upon each lot or tract of land within the Diatrict in the proportiona and amouota as set forth in the -ment roll, attached hereto u "Ezhibit A·. Sec;tion 2 . Payment pf Aueeemcota . The -enta lhall be due and payable at the office of the Director of Finance of the City, OD or before November 8, 1996, in accordance with Section 11·2·7(C) of the Enclewood Municipal Code; provided that all auch .-menta may be paid , at the election of the property owner, in inatallmenta, with interNt u hereinafter aet • I - ' ...... I . 0 • 0 • forth . An allowance of 5% shall be made on all payments of 1188e88ments made on or before October 21, 1996, but not thereafter. Failure to pay the whole IUlllellllment on or before November 8, 1996, shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installmenta. Additionally, such election shall be conclusively considered to be a waiver of any ript to question the power or jurisdiction of the City to construct the improvements, the quality of the work, the regularity or sufficiency of the proceedings, the validity or the correctness of the U8Mllments, or the validity of the lien thereof. In the event of an election to pay in installments, the useaments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual installments of principal, the fint of such installments of principal shall be due and payable on or before the lat day of January 1997. The remainder of the installments shall be due and payable successively on or before the lat day of January in each year thereafter until paid in full . The tenth and last installment shall be due and payable on January 1, 2006. Interest on the unpaid principal amount shall be at the rate of aiJt and one-half percent (6 .5%) per annum, commencing on the day following the fint installment due date, and payable each year at the time of paying installments of usesaments. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next aaseument installment payment date . Ses;tion 3. Peu•!ty for Pefault or Nonpaymept . Failure to pay any inatallment, whether of principal or interest, when due shall cauae the whole of the unpaid principal to become due and payable immediately. The whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate eatabliabecl punuant to Section 5-12- 106(2) and (3 ), C .R.S ., until the date oftu sale, u provided by law. At any time prior to the date of the tu sale, the owner may pay the amount of all unpaid ~ with iDtawt. at the penalty rate of one percent (1 %) per month or fractioo of a mooth, and all pma1tiea and costs of collection accrued, and shall thereupon be restored to the rilht tbereafta-to pay in installments in the same manner u if default had not been suffered . Ses;tion ,. Aun•mept 1,ieo· Bn;ordation . All -enta levied apinat the real property in the District, together with all interest thereon and penaltiea for default in payment thereof, and all coeta in collecting the same, shall constitute, from the date of the final publication of this Ordinance, a perpetual lien in the eeveral amounts a-..ed ap.inBt each lot or tract of land. Such lien shall have priority over all other liens ucept pneral tu liens and shall be enforced in accordance with the law1 of the State of Colorado. Punuant to Section 31-25-522, C.R.S ., a copy of this Ordinance shall be filed with the County Clerk and Recorder of the.County wherein each lot or tract of land a-.ed ii located, for recording on the land recorda of 1uch. lota or tracts of land, and copies of this Ordinance shall alao be filed with the County Treuurer and the County Aaeuor. Sec;t.ion 5 Aeeee•rncnte Apip•t Diyidocl or Sybdjyidocl Trw;te. If any tract of real property included within the District ii hereafter divided or aubdivided into two or more 1uch tracts or parcel1, the Director of Finance, with the auistance of the Director of Public Worlta, is hereby authorized and directed to divide the .-ment apinllt 1uch tract in the lllllle proportion that the tract itself ii 1ubdivided into two or more auch parcels, and to certify the revised 1U111e11ments to the County Treasurer. Ses;tion 6 Severabjlity . That if any one or more Hctiona or partl of thil Ordinance s hall be adjudged unenforceable or invalid, 1uch juclcment shall not affect, impair, or -2- •. I • 0 • • • • ,. invalidate the remaining proviaiom of thia Ordinance, it being the intention that the various provisions hereof are severable. Sec;tion 7. Repealer. All ordinances, or parts thereof, inconmtent or in conflict herewith are hereby repealed to the extent cmly of such inconsiatency or conflict. Sec;tigp 8. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall bold a public bearing on thia Ordinance, on Monday, Auguat 19, 1996, at 7:30 P.M. or at such lat.er time u the City Council ia able to bear it in ita normal course. Sgtigp ft eublil'nl&ifll IP4 lffstiu Pat,,. 'Ibis Ordinance, aft.er ita final puaap, shall be numbered and ..-ded, and the adoption and publication shall be autbmiticated by the aignature « the Mayor and the City Clerk and by the Certificate of Publication. Thia Ordinance shall become effective thirty (30) claya after publication followin, final puaage. Sectim 10 . Qofvml Aewemna. A Special "-mt Deferral Program ia available to eligible property ownen in Pavinc Diltrict No . 35 (Nav~o), who meet the requirements. Applicatiom for the Special ANNament Deferral Program muat be mbmittecl by October 7, 1996. Introduced, read in full, and puNd CID fint readinc Oil the lllt clay of July, 1996. Publiabed u a Bill for an OrdiDmce on the 4th clay ol July, 1996. A Public ffNrinc WU held on the 19th clay ol Aqua, 1996. leilltroduced, amended, read in full, and pMNd Oil ftnt rwlias Oil the 3rd clay o( ... lber,1916. llwl by title and pueecl on flDal r--, on the 11111 day ol Sep«weber, 1116. Publiabed by title u Ordinance No . _. Seriee ol 1116, on the 19th clay ol S.,.. w ,1916 . ATTEST : Loucrishia A. Ellie, City Clerk I, Loucriahia A. Ellis, City Clerk of the City al En,lewood. Colcndo, bseby certify that the above and foreaoin, ia a true copy al the Ordinance pMNd on final readms and published by title u Ordinance No. _, Seri• of 1916. -3- ..... ·- • .. I. • • • • '· CfTY OF ENGLEWOOD Paving District No. 35 (Navajo) • Aa•ament Roll AMENDED 7/111111 2077-09·1·17·012 SLY 100 rr or m.Y 26!5.7' rr or PLOT 13 au. :tar.a Qmll anaa.EY, VEJILS 5 DSBCa•B U3!5 I. IAlll:l'OSA DIUVS IDIC:LSIICCD, CO 10110·!5!513 U3!5 I MUUPOSA Dll »mm&I) eHl.10 2077•09•1•17•010 C&!5!5 I MUUJOSA Dll ac: 2,s . 7' rr BLY Al.C SLY LDII IIICN • c:ca nm 13, 'fB a?.Y H rr 'fB WLY 1!5C rr TO N LD11 or PLOT 13 'fB .a.Y H rr, 'nl n.Y 15' ft 'fO DC: a&LL :tar.a Gall BI.ION, u.DCIN 5 DftY U!5!5 S. MUUPOSA DJUVS ~. CO 80110•!5!513 2011-0,-,-11-02, PLOTS 1 5 2 D RD QOORNIIIII nmol'DUAI. SOIi '201 S . NAVA.JO I.TD C/0 MIIIClf DaAGnff !52C5 I. S'VUll:TT CT I.I'l'TI.ETON, CO 80123·2108 2077-09·1·2!5·003 I.OT 3 BIJt 2 NAVA.JO SDD:T INDt1ST'IUAI. PAIIJt POPISB, JllHl:S I.. 5 BOI.TZ, .JSANN%Z M. 1670 CUSTBOOK DllIW IC)RlllSON, co 80,s!l-2232 2077·09•1•25-00C I.0'1' C III.It 2 NAVA.Jt> ITIID:T DmOl'flUAI. PAIIJt Miu.s, a:>GAll N. 5 ~ IA& P.O. IIOX 210101 Bic:aa.ANDI IIANCII, CO 1012&•0101 2077•09·1·2C·003 I.0'1' 3 III.It 1 NAVA.JO an&ST DmOS'flUAI. PAD IJNI'l'SD ~ININQ DIC. 15U I . NAVA.JO an&ST ~. CO 10110·5!529 2077·0•·•·11·029 II: 80 rr 01' PLOT & D aOAI> QOOafUI' I DIDUSft:tAL IUa KJC:11:K, .JOUPR 5 MIIIO~ 7231 I. ftAIIICI.Df ITIISll:T I.ITTI.11:TON , CO 80122·1C09 »aNDa) '3'2.19 C201 I Ila.VA.JO IT ,12,,u .3& C!520 I NAVA.JO ST e1!51.3C C!SCO I NAVA.JO ST '2,799.00 C!5C1 I NAVA.JO IT e1,1sc .&!I ,7,297.78 2077-09·1·00-0H *> AElDllll:11 uc: no rr M/I. N & 295 rr M/I. 11: or aw c:oa n 11, ac 9·!5-&a m N 190 rr '1'H 11: 31 rr TH s 190 rr TB • 11 rr TO ac: Vll:TTII: , 1ARVD1 I.. 5 IAllY J . , JT TD C5C5 I. OSAGZ ITIISll:T ~. CO 10110·!5!52& 2077•09,-1·00•073 *> ADDll&H 11: &5 rr or w '79.u rr or a 112 • 112 N 112 • 11, a a 30 rr 5 a 111> ac 9· !5·'8 WDIDIOll INDtJlftUI, DIC . 1351 W. STAlll'Om) AYDIUS ~. CO 10110·!5533 eH,H2.U ..... j., t' A ) • . I • , • • • , . • CITY OF ENGLEWOOD Paving Dlatrlct No. 35 (Navajo) -AaHument Roll AMENDED 7/111111 • 2077-09-1-00-076 110 ADDa&SS m:c 630 rr S , 680 & or -CCR D 1/C 'fll -10.17 l"1' 'fll ALC c:aavs TO UCIIT 31.61 rr TH N 260.29 rr 'fll S 110 l"1' 'fll a 300 l"1' 'fll W TO ac: DC 9-5-68 ll&MAIJD' INC. '390 S. WDIDDNDI: STIID:'1' JDIGL&WIOCD, CO 80110-5539 $17,132.12 2077-09-1-23-011 110 ADD8SSS L0'1' 1 , VAC S 10 rr or W '1'DaS AW ADJ D a '2 l"1' or SD L0'1' 1 au. Im.& CIDNS 311) l'LC DLLIGMf, ,aat , ~mIA, J'1' '1'Slf '675 S. WI1IDDNUS STIID:'1' DSNYSJt, co 10110-5sc2 2077-09-1-2,-00, L0'1' C IILIC 1 MVA.JO STIID:'1' DIDUlftIAL l'AlUt ac:aosllXRGZJl' DI.'l'&Jt 555 •. I.AD LI'l"l'I.l:'l'Clf, CO 10120-2726 2077-09-1-2,-oos L0'1' 5 IILIC 1 MVAJO S'l'IID:'1' DIDOS'l'RDL •AIU( IICJICSIIXRGZJl ' DI.'l'&Jt 555 •. I.AD LI'l"l'I.l:'l'Clf, CO 10120-2726 2077-09-1-27-003 L0'1' 1 &X JtD ~ SUB WDIDSCla DmUS'l'RIJ:S, INC. 1351 W. aTANl'OIID A'VDUI: IDIQt&IIOCD, CO 10110-5533 2077-09-1-27-00C L0'1' 2 &X JtD ~ atm WDIDsoa DIDOS'l'Ril:S, INC. 1351 W. l'l'»ll'CaD AVDIUI: IDIQt&IIOCD, CO 10110-5533 $2,156.75 $2,CH.07 IIO ADDUS8 $5,0H.26 $0 .00 IIO ADDUIS $0 .00 2077-09-C-00-001 IIO ACCa&IS '1'IIA'1' •ART or 11 112 or lllf 11, or a 11, LYDIC• or au. Im.& a.a 2m l'LC 111 ac t-5-61 · CITY or &ICL&WOCD -UTILI'l'I&I ... All2NDl'l' 3COO I. &I.A'l'I S'l'lu:&'1' &llm.&ll'OCD, CO 10110 $35,626.50 2077-09-C-00-011 IIO ADD8SSI m:c 30 rr s , 1054 rr II or llf cca a 11, act n s 3U.75 l"1' n a "' l"1' TH CCllff a 292 l"1' TH II t3. 7t ft 'fll a 511.C l"1' 'fll I 210.56 l"1' 'nl S 1'6.5 l"1' , H .3 rr TH N 10 l"1' TH B H.I l"1' 'fll I TO ft<* II LINS W aLLSVDW AW 'fll & 326 .78 rr, 300 .C l"t TOW LIB I DICA m 'fll • ALC SD LINS 2C0.5 l"1', 293.75 ft '1'H NS 63. C2 rr '1'R lllf 1H. 75 l"1' '1'R D '5. t5 ft TO ft <* I LINS WIDaa Dll TH aw u,.oa rr , co9 .0I n n • "·" n, uo.01 l"1' , 112.H n , 151 l"1' , 230 .1 rr , 121 .12 rr '1'H II& U0.12 l"1' TO A ft '1'B S 20.15 l"1' '1'R D HI .I ft '1'H lllf H. H rr '1'H W 1121. C ft '1'11 I HI l"1' TO ac: 9-5-61 CITY or &ICL&WOCD -UTILI'l'I&I ... All2NDl'l' 3COO I . &I.A'l'I ITIID:'1' JDIGL&WIOCD, CO 10110 .... $12,Hl.OO ... I • C • • • ·, - <. CITY OF ENGLE'MJOO Paving District No. 35 (Navajo) • Aunament Roll . AMENDED 7111111 2077-09-C-00-013 1'0 AllDll&SS DG AT SW COR a 1/C DI 13!5 rr D • &07.11 rr D • C.09 rr, ... rr DI JU. 7!5 rr D S 10!5C rr TO DG D aDS 9-!5-&I SOUTH 1UBm1BAN PAm , UamM'ICN DiftlaCT H31 S . tJIIIVDSJ:ff IILYD. LITTL&'?ON, CO 10121-2973 '53,9!50.&!5 2077-09-1-00-010 C!5C!5 S OSAGS S'1' m:G 133.2 ff I , 220.9 ff I OIW CCR or SW 1/C or D 1/C ac 9-5-&I DI 19&.I rr S 220.9 rr W 197.1 ff D • 220.9 ff TO BG V&TT&, MMlVDI L. , lGar ,1. , JT nN C!5C!5 8. OIIAGZ 8'.rll&&T IDICILDIIOOD, CO 10110-552& ,2,335.35 2011-0,-,-00-oss 131, • OX1a11D AV& BG uso n w , so rr s or n coa s 112 u 11, ac c-5-&a n s 1039 rr n w 1&!5 ff TH N '29 .!5 ff TH W 13!5 rr TH• 100.!5 rr D N 509.5 rr D I 310 ff TO BG 11AM S&JlVJ:CI: co. 131' WEST OXl'OIU> AV&NU& &NC:L&IIOOD, CO 80110-CC30 .29,IOC.'71 2011-0,-,-00-06, 1360 • OXl'OIU) AV& THAT PART or 81 1/C UC C-5-68 DHC AS BG 2015 ff W , 50 rr 8 or II& coa or 8 1/2 or SD a 1/C TH W 16. 7 rr D I 1!50 rr D I 16. 7 rr TH lif 150 ff TO DG U ROM>S UNITED INDUSTIUAI. D&V. COllP !52C!5 8 . &V&UTT CT LJ:TTL&'?OII, CO 10123-2108 ..... 2.50 2011-0,-,-00-063 136& • OXl'OIU) AV& THAT PART or a 1/C UC C-5-&I D&SC AS BG 2101.7 ff W, 50 ff Sor D CCR or 8 1/2 or SD a 1/C D W ALG S -LID or W OXltm> AV& TO A PT OIi I LID or AT , sr D RT /flAY TR SIILT Al.a SD U/IIU '21 ff N/L D I 352 . 25 ff TO W IIOlf LDII or I IIA'VJUO S'1' TR• CH.5 rr TRW H.7 rr D II 150 ft TO aG D ROM>S UNITED na:JOSTIUAI. D&V. CCRP !52'5 I. IYIIIITT CT LITTL&'?OII, CO 10123-2101 •26,0&&.2, 2011-0,-,-00-056 1315 w QUDICr AV& BG uso rr w , 10H rr s or• CCR • 112 a 11, ac c-5-A TR s 200 rr n • 1&5 ff D II 200 ff TR I 1&5 ft TO ISG UN SlltVICI: CO. 131' 1118'1' OXl'OIID A'IIUUI ~. CO 10110-,,30 ,o .oo 2011-0,-,-00-039 Cc:a.t 111!5 ff W, &59.5 &29 .!5 ff, TR I 16!5 rr, am ,-s-68 132!5 W Ql1DICY AV& rr s or• CCR o, 1 112 OI' a 11,. TR• 165 rr, TR s TR• '29.5 rr ton. OI' aG, CQft' 2.1 AN/LU W 30 rr 111ST Ql1DICY CCRP C/0 DIISII L. P.O . aox 161 Sll)ALIA, CO 10135-0161 '31,7'9.27 ..... ,.,. I . I • er---------v-------------~-- • • CITY CF ENOLEWOOO Paving Dlatrtct No. 35 (Navajo) • AaNurnent Roll AMENDED 7/11111 2077-09-1-00-077 1390 W QODICr AV& 'l'IIAT PAllT or• 11, or ac t-5-'8 msc u ac: 717 n N/L & , 30 IT a or• COil or ID 1CE 11, TR 8 300 ft 1'11 W 122.u ft 1'11 • 261.'2 ft 1'11 ALG CtJllYS TO RT '7 . I ft '1'H I 92 . 67 IT TO UG ac t-5-61 ao&IIZLI, oDH&S P. 5 SAIIDM AIDI, J'f 1D 51~1Ar IDIC:LSIIOCD, co 10110-7120 ,17,0,,.32 2077-09-1-00-011 1,oa w QOnac:r AV& '1'IIA1' PAllT or • 11, ac t-5-61 mac u s 1H n or w 112 or • 112 or • 112 or• 11, or SD 11& 11, sx IIOAD ac t-5-H uoa LTD LIHIDD co. 715 naff IIANCZ IID. LIT'fL&'?Olf, co ao120-,oo, ,17,155.57 2077-o,-,-11-028 1,,s W QODICr AV& PLOTS 5'6 &X & 80 ft or ID PLOT 6 , D JIOAD QOCmmf•a DID08ft%AL SUB tmlC, .JODPH , MIIIOSLAJIA 7231 8. l'ltANICLDf STU&T LIT'fL&'?ON, CO 10122-1 .. 09 2077-0,-,-11-021 PLOTS 3 , • &X 111D COOIDfNl8 DmOSTalAI. SOB ,2so 8 . SANTA ft LLC C/0 8ftV&ll8 , SOUJlfISCB DIC. 5951 8. HIDDLlrn:LD 11D. LIT'l'Ll'?ON, CO 80123-2877 ,s,u2.11 ,2so a 8AlffA in: DR ,11,,03.79 2077-09-1-00-038 1301 W STAlll'OIID A.VI: 8 1/2 I 1/2 N 1/2 II& 11, LYiaQf or CITr DI'fCB &X W t,3.o, ft &X 11D t-5-68 WDIDSOll DIDUSTaI&S, DIC. 1351 V. STANl'OIIID AV&WE ~. CO 10110-5533 ,o .oo 2077-09-1-00-037 1351 W STAlll'OIID A.VI: s 263 .63 n N/L or w t,3.o, nor a 112 a 112 • 112 11& 11, sx m, t-s-,a WDIDSOll DIDUSTaI&S, DIC. 1351 V. S'l'ANl'OIID AV&WE ~. CO 10110-5533 ,o.oo 2077-09-1-00-07• 1,01 W S'lAlll'QaD AV& s 21s " or v 55'. u " or • 112 • 112 • 112 • 11, a a 30 n , sx m ac t- 5-61 ENI IIIOnaTI&S LLC U 760 W. a&I.LSVISlf AVSIICS NCaaIIOII, CO I0,65-t611 2077-09-1-17-013 IILY 165 . 7 .. ft or PLOT 13 ll&I.L ISL& CDl8 &U>UDC&, VII.LIAN a . , &OLA rm, n 1D 1'50 W. TUffS AYDIU& ~. CO 10110-5536 2077-09-1-25-005 LOT 5 aLJC 2 NAVA.JO STU&T DaXJ8ftDL •AIIIC ll&x.aclll, DAVID 3575 &. LCIIQ 110AD LIT'fL&TCII, CO 10121-1916 ,17,0'72 .H USO W !UIT8 AV& --,so ,,,o ... u 1'51 W 'IUftS A.VS '6,237 .0 • . ... I. 0 • .,--------------~--------,--~ • ·, • '· CITY OF ENGL£WOOD Paving District No. 3S (Navajo) • Aawment Roll AMENDED 7111111 2077-09-1-17-003 1UO W TOl"rl AVS I.OT 12 DI.I. ISU: QDIIS POJlffll, VSltNI: 8. & taaY, JT 'rDI 1UO W. 'l'Ol'TS AVDIUS ~. CO 10110-5536 »IDIDKD ,2,10,.00 2077-09-1-17-022 1.&70 W TOl"rl AVS u.y so rr or I.OT 10 & ALL or LOT 11 sx • 20 n 1aa J1D & u s 11s rr DI.I. III.a GAIIDDfS IIOVUZI, AIITQIIO & ASStJlffA, JT 'rDI 2111 I. RAaI.AN ST. LABZIIOCD, CO 10227-3617 2077-09-1-16-006 I.OT .& IIU: 1 DI.I. III.& GDfl 2JID n.c zn.lTIIA, .JO& a. & aADAII~ A., J'f 'rDI 1510 W. 'l'Ol'TS A'VSIIOS DfCLS11COD, co 80110-5538 $7,159.80 1510 W TOl"rl AVS $3,U9.55 2077-09-1-00-009 15.&5 W TOl"rS AVS m:c 02 .1 n 11 & 87 rr s or llf coa or llf 11, or• 11, or 9-5-'8 'tR s 213 rr 'tR If 190 rrTH W 213 rr 'tR I 190 ft '1'0 UC 'l'IJFTS INDUSTRIAL I.LC 8.&00 S . PIIEN'l'ICJ: DICI.DIOOD, co 80111 $9,619.21 2077-09-1-00-075 .&390 I 1fDIDSIINS1a: IT uc 630 n s & 53 .31 rr s or• coa 111: 11, 'tR s '82 rr 'tR • 11.'7 n 'tR ALC CURVS '1'0 :t.Srr u .15 rr 'tR 11 260. u rr 'tR • ,so rr 'tR Ill' '1'0 uc sx • 30. '1 n l'OR lU) SSC 9-5-61 IIDIAtm, INC . '390 8 . WDIDDHSU STIISST DICI.DIOOD, CO 80110-5539 $17,128 .80 2077-09-1-00-035 .&.&60 I~ ST 'tRA'l' PART or s 112 s 112 • 112 • 112 or uc 9 mac AS aa 30 rr • or llf coa or lillf 11, MS 11, 'tR W 50.36 rr '1'0 a.% LID 0, fl/lfr ft at.Y ALG ID LID 306.78 rr '1'H S 329.03 ft TH I 300.'8 ft ft W Jlt .'1 ft to aG t-5-CI LONS l'l'All PL'IIIOa> & DOOa c:aap. '25 AIJII,DII: DJlIVI: COPPZL, '1'X 75019-.&601 $0.00 2077-09-1-00-069 .&550 I WDlla ..... IT PAll'l' or aw 11, • 11, & a 11, w 11, mac AS aa 75.51 n • or • coa aw 1/.& lfE 1/.& 'tR & 201 .71 ft 1'11 I Ul.l ft ft W 300.1' ff to SLID I WDIDUN&U 8'1' '1'H Ill: ,so. 97 ff '1'0 UC SX • 30 ff & SX 11LT 10 ft ac 9-5-CI LONS S'l'All PLnllOOD & DOOR c:aap . P.O. 80X 170607 I1lVINC, '1'X 75017-0607 $3,315.9' 2077-09-1-00-0.&1 .&590 I WDa>SJIN& .. IT UC H2 .1 F'1' If & 87 ft S or IIICOll Ill: 11, UC t-5-11 ft • 220 rr 1'11 W 25' F'1' KIL '1'0 & KIRY or CO 11D 'tR IIILY ALG ID K1RY 222. 7 ff ft U.Y 297. • ft K/L TO UC SX SLY 30 F'1' K/L & SX 11LY 20 ff 9-5-H NOYSS, DCIIGUD P. & I.Ma, SUCJl W. , Alm N:IUGa, ~ .&590 8. WDID&IIHSR& ITIISST ~. co 10110-ss,1 $9,Hl .17 • ., I • ---------------------. • • I• • '· • CITY OF INOLEWOOD Paving Dlatrlct No. 31 (Navajo) -Aa ... ment Roll AMENDED 7/11111 2077-09·2·01•001 PLOTS 2-3 SX RDS SU. IA& Gala AG MM:IIDIIMC , INDUIDISS, DK:. U07 a. WD1D.....: ff. IDIGLSIIIOCD, co 10110-55,2 2077-09-2-01-007 PLOT 1 SX If 20 ft fta al) IIILlo IA& GDl8 AG NM:11~ ' Dm08DDI, DK:. U07 I. WD1DD1aD ft. IIIIGl.&IIOCD, co 10110-55,2 2077-09-1-23-012 L0'1' 2, I '2 ft L0'1' 1 ISLL Im& GDl8 311D n.G l'Caffll, VSIIII& I. , NIIU, JT ~ 1,co W. TOftl A'VSIIUS IDIGLSIIIOCD, CO 10110-553& 2077-09-2-01-002 PLOT• B&LI. III.I: GmfS TIIC9a8, DAlll.sD ,520 LARLU DaIVS CASTL& IIOCX, CO 1010,-9305 UOl $19,,73.'8 U07 I WDmS .... ft $3,,11.u UlO I~ ft $7,121.73 U'5 S WINDKa1CD l'1' $10,252 .9' 2077-09-2-01·005 ,a75 I WDIDKIINSltS IT •c M NE COR PLOT 5, TH W UO ft, TH I 12C ft N/L TH S UO ft, TH If 12C ft !O •c SX RD Ku. ISL& GIDIIS au.Icalf, JM:11: , VDIGDIIA, JT ~ U75 I. WDIDI:--l'fUST DSIIVSJl, co 10110-55,2 $7,Ul .lO 2077-09-2-01-003 ,a15 a wr.ac .... ft ac uo ft W or D CCR PLOT 5 TH W 193. C ft TH IIILY 121. 5 ft ft a.Y 211. • ft ft II 12S ft !O aG as1.L Im& GDl8 'l'IIClal, DAlll.sD '520 LA1UM DaIVS CAITL& aoat, CO 1010,-9305 ,o.oo 2077-09-2·01-00• •7•7 I WDl:C ..... l'1' •c M a COil PLOT 5 ft II 253 ft ft IILY 351. • ft ft 111LY 20,. I ft 'ftl a.Y ,03 ft TO •c RI.I. ISL& CDII WITADJt, PAUL a P.O. IIOX 1010 ~. CO 10150-1010 2077-09-3-12-001 LOT 1 11Ut 1 110CXY NOUlffADI CXlllHmJC'l'Cal 11'1' n.G IINIDSU. CO '901 S . WDIDEJICD ITIISS'l' LI'l'TIZTON, CO 10120-1021 Pnnlld: 7111111 2:3':CIO l'M tU,U3.'5 '7H I wna:c-.. l'1' t•0,111.H GrandTolal : $508,297 .87 ..... loll .. I . • ·--------------~------~-- ORDINANCE NO. ~ SEBIBS OF Ul88 • • BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 8, CHAPI'ERS 2A AND 2E, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO LIFE-SAFETY REQUIREMENTS FOR EXISTING HIGH-RISE BUILDINGS. WHEREAS, Englewood bu two bank buildinp, both ten lltoriee in hmcbt, which have concerned the Fire Prevention Bureau and the Building Division for years; and WHEREAS, neither building ia fully equipped with a sprinkler ayatem and both have serious life-safety violations while the high-riae builclinp that are constructed today have standarda which meet these life-llafety iuuee; and WHEREAS, the Uniform Building Code (U.B.C .) u well u the National Fire Protection Association (N.F.PA) have performed numeroua lltudiee resulting in the development of Appendill Chapter 34 of the U.B .C ., which allow for certain alterations to be performed; and WHEREAS, with the puNp of thia ordinance the City will be able to brin, the previoualy constructed hip riae buildinp into a reumable cl...-of compliance with the current U .B.C . with reaped to aprink)er .,nem retrofit, fire alarm aylltema, communication equipment, ezit licbtinc and varioua other aafety items; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 10 b 11 Ses;tion 1. The City Council of the City ofEqlewood, Colorado hereby amenda Title 8, Chapter 2A, Section 1, of the Enpewood Municipal Code 1985, to add a division, with the rest of this section remaining in ita current form . CIIAPDml CON8'11WCl10N AND BAl'BTY CODB8 Alrl1CU: A BUILDING OOIJB 8-2A-l : CODE ADOPTED: There ia hereby adopted, by refennce tbent.o, the Uniform Buildinc Code, Volumes I, U and Ill, UMM EditiOD, indlldiq appendilt, chapters 3 -division IV, 15, 19, 29, 30, 31 -division m,.._ 33, AND 34, DIVISION Il, published by the International Conference of Building otllciala, 5360 South Workman Mill Road, Whittier, California 90601, subject to the ac:eptiODB, modificationa and amendments aet forth in Section 8-2A-2 of this Article. • I - ..... • I· 0 • • , . ·, • $es;t,ion 2. The City Council of the City of Englewood, Colorado hereby amends Title 8, Chapter 2A, Section 2, of the Englewood Municipal Code 1985, adding a new Subsection H, which shall read u follows : H . APPENDIX CHAPl'ER 34, DMSION II -UFE-sA.FETY REQUIREMENTS FOR EXISTING HIGH -RISE BUILDINGS SHALL BE REPLACED WITH THE FOLLOWING: SECTION 3417 -APPEAUI BOARD . APPEALS SHALL BE IN ACCORDANCE WITH TITLE 8, CHAPTER 1, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE. $es;tion 3. The City Council of the City of Englewood, Colorado hereby amends Title 8, Chapter 2E, Section 1, of the Enelewood Municipal Code 1985, to add a chapter, with the rest ofthia aecticm remaining in ita current form . CIIAP'IDI CON8'11lUCl10N AND MPB'IY OODE8 All'Deut E nm: OODE 8-2E-1 : CODE ADOPnm: There is hereby adopted, by reference thereto, the Uniform Fire Code, Volume& I and II, 1994 Editicm, including Appeocm chapterS 1-B, 1-C. D-B, D-E, D-F, m-A, 111-B, 111-C, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-G publiahed by the International Fire Code lmtitute, 9300 Joll:,ville Road, Suite 105, Austin, T- 78759-7455, aubject to ucepticma, mcidifieatiom and amendment. u let forth in Section 8-2E-2 of thia Article. $es;tion 4. Sa{cty Clau111 The City Council, hereby finds, determinea, and declares that thia Ordinance iB promulpted under the pneral police poww of the City of Englewood, that it iB promulpted for the health, aafety, and welfare of the public, and that thiB Ordinance iB n~ for the .,_rvaticm of beelth and safety and for the protecticm of public convenience and welfare. The City Council further determines that the Ordinance bean a raticmal relation 111 the proper legislative object aought to be obtained . $es;tion 5. $exer1hjljty _If any clause, aentence, paraaraph, or put of thia Ordinance or the application thereof to any penon or circumatancea shall for any reuon be acljudged by a court of compet.ent juriadiction invalid, auch judpient 1hall not affect impair or invalidate the remainder of thiB Ordinance or ita application to other penom or circumltancea. Ses;tion 6 IPGOPlilYDt OrdiPIPCII All other Ordinancea or portiam thereof inconaiatent or conflictm, with thiB Ordinance or any portiaD hereof an benby repealed to the eJrtent of auch inconaiatency or conflict. -2- I. • • • • . , '· Sed;ipp 7. Effect pf RPMI or mpdificatipp The repeal er modification of any provision of the Code of the City of Eqlewood by tbia Ordinance llball not releaae, utinguiah, alter, modify, or c:hanp in whole er in pmt any penalty, forfeiture, or liability, either civil or criminal, which lhall have hem incurrecl 11Dder auch proviaion, and each proviaiOD llball be treated and held u atill ·remaining in force for the pmpol8B af IU8taining any and all props adiom, nita, proceedinp, and proeecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoae of austaining any juqment, decree, er order which can er may be rendered, entered, or made in auch adiom, nita, proceedinp, er proeecutiom. Sw;tiqp 8. EaPaJu. The Penalty PrvviaiOD aC E.M.C . SectiOD 1-4-1 llball apply to each and every violation af tbia Ordinance. Introduced, read in full, and peuecl OD tint reading OD the 3rd day afSept.ember, 1996. Published u a Bill for an Ordinance OD the 5th day of September, 1996. Read by title and puaed on &nal reading OD the 18th day afSept.ember, 1996. Publiahed by title u Ordinance No. __, Series aC 1996, OD the 19th day af Sept.ember, 1996. Tbomaa J . Barna, llayar ATTEST: Louc:riahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City olEnglewood, Colorado, hereby certify that the above and ftlnsoinl is a true copy "'the Ordinanee ..... Oil &nal reading and publiahed by title u Ordinanee No. _. Seriea ol 1996. -3- ' . , • . .. I . 0 • • • • • 10 b iii ORDINANCE NO. ft' SBRIB8 OP 1916 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD, COLORADO FOR THE TRANSFER OF LAND FOR THE SOUTH WINDERMERE STREET IMPROVEMENTS. WHEREAS, as a part of the Santa Fe Improvement Project, Tufte Avenue and Quincy Avenue were closed; and WHEREAS, Windermere is in the proceu of being converted to a truck route, which will run from Belleview north to Onord Avenue; and WHEREAS, the Colorado Department of Transportation ii in the proceu of rebuilding Windermere since in its current condition it ii not constructed to carry heavy truck traffic; and WHEREAS, it will be neceasary to widen and raise the grade on Windermere; and WHEREAS, a new bridge will be built over Big Dry Creek; and WHEREAS, the -ment will allow for a storm aewer which will drain runoff' from the intersection of Windermere and Layton; and WHEREAS, the propoaed construction will raiae the weat driveway at the Allen Filter Plant; and WHEREAS, this Memorandum of Agreement CODtainB temporary euements for construction; permanent easements for storm aewer COD8truction and maintenance and a fee 1imple tranlfer of land for permanent ltreet ript-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ection 1. The Memorandum of Apeement between the City of Eqlewood and the Colorado Department of TranlponatiOD, attached hereto u Emibit 1, ia hereby accepted and approved by the EDllewood City Council. $edjon 2. The Mayor ia authorized to eucut.e and the City Clerk to attelt and aeal theae documents for and on behalf of the City of Eql-ood, Colorado. Introduced, read in full, and puaed OD ftnt readina OD the 3rd day of September, 1996. .J • . ' • . .. I· 0 • • . ,. •, -, . . . Published u a Bill for an Ontinance on the 5th day of September, 1996. Read by title and paued on final reading on the 16th day of Sept.ember, 1996. Published by title u Ordinance No. _, Series of 1996, on the 19th day of Sept.ember, 1996. .. 'lbomu J. Burm, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City al Enclewood, Colorado, hereby certify that the above and foreaom, ia a true copy of the OrdiDaDce pused on ftnal reading and publiahed by title u OntiDance No . _, Series of 1996. -2- • I • . .. I . . 0 ' -'" 1 32 x l -----------------------..,------------------------------- • • I• ·, • .. COl.ORADO DEPARTMENT or JRANSPORTAllON r,~• MEMORANDUM OF AGREEMENT FCU-~n-l(CX)OI:'".' ~(~•: '.'IIIT ·1 iuoo;; 115 -WINDERMERE/ BELLEVIEW 101UF1S .-..-, 411 ; PE-411 ; TE-'111 ; TE -4111\; 412 ; PE -412, lE-· I 1-1---· 90049 MN'AHOE SHIIS This agreemenl made on (da1•1 II belwNn the SI ... ol Colo<ado tor Ille 1190 and benol• ol the Colot-clop-ol 1,.....,....1111on (OAI\NTEEI lor the pu,dlaH ol the per .. ~,) -above from the Ownoljs) ~ ~ Jusl~WM --by .......... ,,....,..oc11n_........._Colotado tlale lawt and regulallonl . The arnounl al money llflli/o, °""""nullon -belllw .. lul mnllcll,lllo,i tor ""' lolkMlng land, ._,.,, ~ ............ and damagn"' any kind. land tdelcrhd 1n Mtached ...,..,_~ __ oq . 1 .-x s S2J IZII IJU._ p..,_... and 8IDpe e-.11 {dnalMld In ...... nhlllll Zll5 oq .111-)( s S28011J T~ary E-,,om ldnalbld In lllachecl ellMs) 14313 oq.t-x s IU,N!OO ll11powement1 s 000 Damaoo• s DOIi Omnlolal s ••·a",aa lftlCf ... s IIIDD Niil lolal s ••• JU).QO_ Olll9fconclltons'.~_E~ln..efted for •,pin-..,• ...... of 11 e-•• 111 be 1...i 111, ........ ,11:111r1wWIII' m11 ,Oldlllar ....... ,. ... ,._OAA.,,on.,..osvw11:1 ..... ........ ~., ... ...__..,......,.ccoo,r ....... ,, ....................... _....._ .. _.......,. ........................... HlnJll'll'~ ................ OANrftonMIIIIOMNrfE ............................................................ ~ .............. .......... w..,. ... .,..,.., ........... ..,.....~...-r1._o..,,,, ... ...., .. ..,......,_ ,_....,._..,......_.._~,,.,.........r,....,. """'"'a:tl"P'~l ....... ~ ....... afW.,S-..,... ........................ .. ~~ ............................ -ot .. ~ ................. " .. '*" '"-ftRANton ............................................. CUf .. ,.., ... ~ ........... ---a,,t-..- ................................. on,w,11: ........................ ,...,... ............ ....-........ ... ._... .... ..,..,OMN,ff._ .... ...._.._ n .. OMNfH: .............. ..-C~eA ......... Wll"I ............ ~ . ...................... .., ................................ ~ ......... .., .............. ~ .... ................. .... ,_.....,.~._,._ .. OIIMIUJII .................. ,, ....... ~ ..................... O'lllllffOII .... .._ ...................... ,..._. .. .......,...........,_~ ...... ,_._., ........ ~., ,,,. ......... ............................ aua,~ ~ 0.-11 Wananly Dffd a ......... Anv. ~...._!_ u Accelt Dffd IIIDpeE- u , ............. , """""• ,P l""-8fY !-a,,_ ........ c,1 ......,,.,. u OIi., Copec:tyl u lMc~ylop,-•clo<.-•IICel" Orclo• wanartl S IJ8.31D.DO-_.....,. giy .. li .. , ••• Orclofw•ranlS .....,....,. E X H I B I T l ~-· .. · . ·.·.· .... 1.....-~-.. ---·· ....... . . lvt ThoPoa• J. lurn•;·'llliyc;>~·> :-:,:-:-.·.·.·.· ----·---~ -----::"\ . -::c::c...-,;;... - I • • . ,. • <. Auaua 23, 1996 DEPAllTMENT OF 1'llANSPOllTA110N · STA'IE OF COLOIW)() PERMANENT EASEMENT PAllCEL NO . PE41 l STA S22+ TO STA S22+ WINDER.\fERE TO BE ACQUIRED PROM PROJECT NUMBER: FCU-NH(CX)OIS-2(S4) UNIT 4 LOCATION: SANTAFE WINDERMERE (Belleview to Tufts) 1HE CITY OF ENGLEWOOD, COLOllADO, A Municipal Corporation ENGLEWOOD, CO STA'IE HIGHWAY NO. IS ' ' .. I . • ·;--------------~------~ • t• • .. EXHJBIT•A• PROJECT NUMBEll: FCU-NH(CX)085-2(54) UNIT 4 PERMANENT EASEMENT: PE41 l Aqust 23, 1996 A permanent •aement No. PE41 l oftbe Department ofTrwpormion, State of Colorado, Project No. FCU-NH(CX)085-2(54) Unit 4, c;ont•inina 630 sq. ft., more or lea, descritied in Book 694, Pap 179, recorded in Arapahoe County, in the W 1h of the SE 1/4 of Section 9, Township 5 South. Ranae 68 West, oftbe Sixth Principal Meridian, in Arapahoe County, Colorado, said permanent euemem being more particularly described u follows: Beginning a the SW Comer of the NW 1/4 of the SE 1/4 of Section 9, a pin and cap (LS 12083); Thence N. o• 48' 13• W., a dimnce of659.81 feet; Thence S. 73• 51' 39• E . A distance of 161.32 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0° 21' 22" E., to a point on the north line of said property, a distance of 18 .00 feet; 2. Thence N. 89° 25' 07" W., along the north line of said property, also being the south Right of Way line ofWest Layton Ave., a diswu:e of70.00 feet; 3. Thence S. 75• 00' 43" E., a distance of72.3S feet, more or lea, to the TRUE POINT OF BEGINNING. The above descnbed Permanent Easement comains .014 acres/630 square h, more or less . For the purpose of conmuction and lDlimenanc:e of sorm ,ewer. BASIS OF BEARINGS : The podetic bearina ofS. 10· 54' s2· E. tom point "OXFORD• to point -PRINCE• ii bued on-. romion oftbe inversed arid coordinates by the mnpd converpnce llllle. Both GPS control monuments are 3 114• a1umimun disks in aa:ea covers. Authored by : Lisa C. Yanushka Region 6 R.O.W . 2000 S. Holly St Denver Co . 80222 ..... .. ., I . 0 '32xl • ,.. . " ·, • (, AulUIC 23, 1996 DEPAllTMENT OP TRANSPOR.TATION · STATE OP COLOllADO PAllCEL NO . 411 STA S13+TO STA. 522+ WINDERMERE RIGHT OP WAY TO BE ACQUDlED P1lOM PROJECT NUMBER: FCU-NH(CX)OIS-2(54) UNIT 4 LOCATION: SANTAFE WINDERMERE (Belleview to Tufts) THE CITY OF ENGLEWOOD, COLOR.ADO, A Muaic:ipal Corponrion ENGLEWOOD, CO STATE HIGHWAY NO . IS . , ' ' I. 0 'a2xl • • • PROJECT NUMBEll: FCU-NH(CX)08S-2(S4) UNIT 4 PAltCEL NUMBEll: 411 Aupa 23, 1996 A tr1et or parcel oflaad No. 411 of the Depllanem ofTmmpol111i,cm. State of Colorado. Project No. PCU-NH(CX)Ol5-2(S4) Um 4, CCndlioiN. 6,227 sq. ft., man ar-. d11elibed iD Book 694, Pip 179, recorded iD Aapabae Coumy, ia the W ~ oftbe SE U4 of'Sciaa 9, Towmbip S Saudi. Rap 61 Wac, ofthe Sixdl Principal Meridiaa, iD Arapaboe Coumy, Colorado. llid tnct CII' parml ofJaad .. more pan:icularty clal:libed u tbllowa: Bepnina at the NW Comer of the SW U4 of the SE U4 ofSecaon 9, a pin 11111 cap (LS 12083); Thence S. 1• 3S' 16• E., to a point on tbe soudlerty line ofllid property, a dimnce of266.S3 re. to the TllUE POINT OF BEGINNING; l . Thence N. o• 23' 31 • E., parallel with and 37.00 re. eut oftbe west line of the SW l/4 of the SE 1/4 of Section 9, adimnce of263.96 feet. 2. Thence ".II. o• 23' 49• E., parallel with IDd 37 .00 &.t -of the west line of the NW l/4 of the SE 1/4 ofSeclioa 9, a dimnce of617.41 k; 3. Thence ".II. 47• 02' 3,-E., 10 a poim ca tbe aonh line ofllid propmty, allo bllinathe south Ript of Way line of'W• Laya,a Aw., a dimnce of24.61 &.I; 4. Thence N. 19• 25' or W., Ilona the llid IOlllh ltjpt olWay lim olW• Laya,a Ave., a distance of2S .OO ilec; 5. Thence S. o• 21' 33• W., lkms the-ltjpt of'Way a o1Soudl W'mdeumre St., to the southwes comer ofllid propsty, a clillance of191.341111; 6. Thence s. 19• 14' 14• E.,.,.. the IOUlllaty a oLllid Jll'OPlftY, a cliltma oL6.49 feet, more or -. 10 the Tl.OE POINT OF BEGINNING. The above described Plrc:el coaraim .143 ICNl/6227 1111111'9 r.., more or less . BASIS OF BEARINGS : Thi podeac beuiDa ofS. 10• S4' s2• E. &am poim ·o::iaoao· 10 point -n.JNCE• ii bald on a romiaa oftbe inversed pid coordinatel by the avnpd COINa ......... Bodi GPS coalr'OI IDOIIUIIIIIIII n 3 u4• abminnm dim iD acrm cown. Audlored by : Lia C. Yllllllbb Jtesion 6 R.O .W 2000 S. IWy SL, DeawrCo. I0222 • . .. I. 0 '32xl • . " ·, • <. DEPAllTMENT Of TllANSP01lTAllON • STAIE Of COLOllADO RIGBTOPWAY TO BE ACQUlllED fllOM Auplt 23, 1996 PAR.CEI. NO. 412 STA 523+ TO STA 533+ WINDERMERE CII'Y Of ENGLEWOOD ENGLEWOOD, CO PROJECT NUMBER.: FCU-NH(CX)085-2(S4) UNIT 4 LOCATION: SANTAFE WINDERMERE (Belleview to Tufts) STATE HIGHWAY NO. as .. I· • •r-----------------~-, . (~ • '· EXHIBIT"A" PROJECT NUMBER: FCU-NH(CX)OIS-2(S4) UNIT 4 . PARCEL NUMBER: 412 Aqua 23, 1996 A tract or parcel of land No. 412 of the Depllw ofTramportalion, State of Colorado, Project No. FCU-NH(CX)OIS-2(S4) Unit 4, mHieeiNw S,3SI sq. ft., more or lea, in NW 1/4 of the SE l/411111 the SW l/4 of the NE l/4 - of Section 9, Township S Soudi, Range 68 Wat, oftbe Sixdl Principal Maidiaa, in Anpaboe County, Colorado, said tract or parcel oflllld beina more panic:ullrty dacribed ufollows: Beginning at the Center of Section 9, 1-1/2" aluminum cap (LS 12013); Thence S. 4 • 11' 29" E., to a point on the nonh Right of Way line of West Layton St (June 1995), also being on the south line of the property described in Boole 149, Page 466, recorded in Anpahoe County, a distance of62S.0S feet to the TllUE POINT OF BEGJNNING; 1. Thence N . 89° 2S' 07" W ., to the southwest comer of said property, a distance of 20 .00 feet. 2. Thence N. o• 23' 49" E., along the east Ript ofWay line of South Wmdermere St. (June 1995), also beini the west line of said property, a distance of339.31 feet; 3. Thence continuing alona said east Riaht ofWay line and said west property line, &Iona the arc of a curve to the right havina a radius of 190 .00 feet, a distance of 29 .62 feet (the chord of said arc bears N. 4• Sl' 49" E., a distance of29.S9 feet); 4. Thence continuing alona the east R.ipt of Way line and said west property line, N. 9" 19' 49 " E., a distance of94.40 feet; S. Thence continuina alona ·said east Rilht ofWay line and said west property line, &Iona the arc of a curve to the left havina a radius of:?.50 .00 feet, a distance of31.91 feet (the chord of said arc bears N. 4" 51' 49" E., a distance of31 .94 feet); 6. Thence N. o• 23' ss· E., along the west line of said property, a distance of 122.12 feet ; 7. Thence N. o• 23' 47" E., continuina alona the wesi line of said property, a distance of IS 3. 75 feet, to the north line of said property; 8. Thence S. 89" 43' 11 • E., alona the nonh line of said propeny, a distance of 4.00 feet; I . 0 • • t• • 9. TbenceS . o• 23•41•w., paralleltomd4.00&lt-oftbe,...limofaid property, a distance ofl53.75 feel; 10. Thence s. o• 23' 49• w., a dilllDce of 124.00 feel; 11. Thence S. 3• S9' 53• W., a diaa of270.64 tiNt; 12. Thence s. o• 23' 49• w., a diaa of217.00 tiNt; . 13 . Thence S . 46• 47' 31• E.. to llid aarda lip o(Way Jim otW• L&flm Aw.(.Jmle 1995), a dilCaDCe of 17.72 ... an ar-. to ma DllE POINT OF BEGINNING. The above descnbed Parcel COllllilll .123 acres.15358 square filct, more or less. BASIS OF BEARINGS: The podecic: barina ofS. 10• 54' s2• E. tom point "OXFORD• to point "PllINCE• ii bued on a rotation oftbe inversed &rid coordinates by the averapd conwrpnce aaate. Both GPS control molUIIIIIII are 3 114• •bnnintun disb in ICCIIII covss. Authored by : Lisa C. YlftUlhka lleaion 6 ll.0.W. 2000 S. Holly SL Denver Co. 80222 • .. I. 0 1 J2xl • . ~ ·, • . . . Aapt23, 1996 DEP.ulMENT OP TL\NSPOI.TATION STATE OF COLORADO PAllCEL NO. PE-412 · STA. 523+ TO STA. 523+ WINDERMERE TO BE ACQUDlED !I.OM PR.OJECT NUMBER: FCU-NH(CX)085-2(54) UNIT 4 LOCATION: SANTAFE WINDERMERE (Belleview to .Tufts) CII'Y 01 ENGLEWOOD ENGLEWOOD, co STA'IEBIGHWAYNO. 15 •, ' . I· 0 '32xl • • t• • ,, PROJECT NUMBEll: FCU-NH(CX)OSS-2(54) UNIT 4 PERMANENT EASEMENT: PE-412 · Aup23, 1996 A Permanent Easement No. PE-412 oftbe Depmw ofTl'llllpCmllion, Staie ofColormo, Project No. FCU-NH(CX)OIS-2(54) Um 4, com:aiaina 1S sq. ft., more or lea, described in Book 149, Pip 466, recorded in Anpaboe County in the NW 1/4 oftbe SE 1/4 of'Seclion 9, Towmbip S Soutb. llanp 68 West, oftbe Sixdl Principal Meridian, in Arapahoe County, Colorado, said penmnem easement beiq more particularly descnbed u follows: Beginning at the Center of Section 9, a 1-1/2" ab•mirnun cap (LS 12083); Thence S. o• 00' 41" E., a distance of657.65 feet; Thence N . 76° SI' 23" E., to a point on the nonh Right of Way line of West Layton Ave. (June 1995), a distance of 146 .38 feet to the TRUE POINT OF BEGJNNING; I. Thence N. o• 23' 49" E., a distance ofS.00 feet. 2. Thence S. 89° 25' 01• E., parallel and 5.00 feet nonh of said north Riaht ofWay line of West Layton Ave., a dimnce of 15 .00 feet; 3. Thence S. o• 23' 49" W., to a poim on said north Ript ofWay line, a dilllllCe ofS.00 feet; 4 . Thence N. 89° 2S ' 01• W., along the said north Riaht of Way line, a dimnce of 15 .00 feet, more or less, to the TRUE POINT OF BEGINNING. The above desaibed Permanent Euemem contains .002 ll:ftl/75 aquare r.t, more or less . For the purpose of consauc:tion and mainrenance of storm ..... BASIS OF BEARINGS : The podeac barina ofS. 10• 54' 52" E. !om point "OXFORD" to point "PRINCE" is bued on a rowion of the inversed irid coordinates by the averapd converpnce anste. Both GPS control monuments are J 1/4" aluminum disks in accea covers. Authored by : Lisa C. Y anushka Region 6 R.O .W. 2000 S. Holly SL Denver Co . 10222 .. I· • • • (. • May26, 1995 DEPAl."I'MENT OF 1'1lANSPOI.TATION · STAIE OP COLOllADO PAllCEL NO. l'E-'11 STA. 513+ TO STA. 519+ WINDER.MERE PROJECT NUMBER: FCU-NH(CX)Ol5-2(54) UNIT 4 LOCATION: SANTAFE WINDERMERE (Belleview to Tufts) !BE CITY OF ENGLEWOOD , COLORADO, A Mwlicipal Corpanlioa ENGLEWOOD, CO STATEHIGHWAYNO . 85 . , • . • .. I. 0 • • • ,, EXBIBIT·A• PROJECT NUMBER: FCU-NH(CX)OIS-2(S4) UNIT 4 .PARCEL NUMBER: l'E-411 May26, 199S A n:t or parcel ofllnd No.l'E-411 oftbe Depanmem afTiwpcxtmoa, Stm ofCoiorldo, Projc No. PCU-NH(CX)OIS-2(54) Um 4, ··Hl'li1in1 S6,227 sq. ft.. more or-. dllclibed illBoolt 694, Pip 179, rsarded ill Arapahoe Coumy, ill tbe W ~ oftbe SE U4 of Seczioa 9, Towmbip S SaU1b. Raap 61 Wesr. of tbe Sixth PriDcipl1 Meridian, ill Arapahoe Coumy, Colorado. aid flCt or parcei ofland being more panicwarty d8ICribed a fbllows: Beginning ai the NW Comer ofthe SW 1/4 oftbe SE 1/4 ofSecrion 9, a pin and cap (LS 12083); Thence S. 7• JS' 16• E., to the soumeriy line of said property, a dimnce of 266 .53 feet to the TRUE POINT OF BEGINNING; l. Thence N. o• 23' 31• E., a distance of263 .96 feet 2. Thence N. o• 23' 49• E., a distance of617.4l feet; 3. Thence N. 47 02' Jr E., a distance of24.61 feet; 4. Thence s. 19• 25' or E., a distance of3S.OO feet; s. Thence s. is• oo· 43• E., a disrance of7:.3S feet; . 6 . Thence S. 14• 21' 26• W ., a distance of 4S .20 feet; 7. Thence s. o• 23' 49• w., a distance of90.00 feet; 8. Thence N. 19• 37' 06• ~-, a distance of55.00 feet; 9 . Thence s. o• 23' 49• W., a distance of72.00 feet; 10 . Thence s. 67• S9' sa· E., a disrance of239.8J feet; 11. Thence S . o• 23' 49• W., a distance of8S.OO feet; 12. Thence N . 19• 37' 06• W., a disrance of210.00 feet; lJ . Thence s. o• 23' H· w., a dimnce of 155 .00 feet; ' ' • . .. I· 0 '32xl . " · ... • ,, .... 14. Thmce S. a9• 37' 06· E.. a dilaDce of22.00 &le; 15 . 1'hmce s. o• 23' 35• W., a dilaDce af50:00 a.c; 16. tbmce N. 39• 37' 069 W., a clal:mce of 45.00 ti.c; 11. tbmce s. o• 23' 35• w .• adilaaceofJJS.0111111; 18. tbmceN. a9• 14' 14•w .. adilllaclof13.00fllt.anar Ila, ta tbe TllUE POINT OF BEGINNING. The above dmcribed Tauponry E-caalliDa 1.291 ctWIS6Zr11q111111 ... rm ar lea. For tbe papoae of driwway, c:blmll. :axwwer aaddl. IIIUClln -roadway caamw:noa. BASIS OF BEARJNGS: The padaic barias ofS. 10• 54' 52• £. !om poim "OXFORD• to pois "PlUNCE" ii.._ oa a romiaa oftbe ilMrsed arid cooadiallal by tbe ~ caawapaca ..._ Bodl GPS camrol mon,.,.,.., ae 3 1/4" ........ dilks in accea caw:rs. Audlored by: Lia C. Ylmllbb R.ep,a 6 ll.O.W . 2000 S. Holly SL Oeawl' Co. 80222 • I. I • • ·, • (. DEPAllTMENT OF TllANSPOllTAnON .·STATE OF COLOliDO TEMPOIWlYEASEMENT PAllCEL NO. TE-41 lA STA S2o+ TO STA 522+ WINDERMERE TO BE ACQUJllED Pl.OM PllOJECT NUMBER: FCU-NH(CX)OIS-2(54) UNIT 4 LOCATION : SANTAFE WINDERMERE (Belleview to Tufts) THE CITY OP ENGLEWOOD, COLOllADO, A Muaicipa1 Corponmon ENGLEWOOD, CO STATEBIGHWAYN0.15 ' ' .. - .. I. 0 1 a2xl • .,~----.r----------------,-.....-- • I• • '· EXBJBIT•A• PROJECT NUMBER: FCU-NH(CX)08S-2(S4) UNIT 4 TEMPORAllY 'EASEMENT: TE-41 lA August 23, 1996 A Temporary E.....,. No.TE-41 lA oftbe Depmanent ofTaamportllioa. Staie of Colorado, Project No. FCU-NH(CX)OBS-2(S4) Uait 4, eaew1·nin1 1,260 sq. ft.. more CX' Im, da:ribed in Book 694, Pep 179, recardad in Anpeboe Coumy, in the W ~ oftbe SE 1/4 of Section 9, Towmbql S Saudi, .... 61 w-. oftbe Sixth Principal Meridien, in Anpaboe Coumy, Colorlldo, llid am.panlJ 1u1nnt being more particulerly described u tbDows: Beginning at the SW Comer oftbe NW 1/4 of the SE l/4 ofSec:zioa 9, a pin 111d cap (LS 12083); Thence N. o• 48' 13• W., a distance of6S9.8l feet; Thence s. 73• Sl' 39"E., a distance of 161.32 feet to the TRUE POINT OF BEGINNING; 1. Thence N. o• 21' 22• E., a distance of 18.00 feet. 2. Thence S. 89° 25' 01• E., a distance of 140.00 feet; 3. Thence S. a3• 15' 04• W., a dimnce ofl4l.08 feet. more or less, to the TR.OE POINT OF BEGINNING. The above descnoed Temporary Euemem comains .029 acres/1260 ICp&ll'8 feet. more or less . For the purpose of roadway comuuction. BASIS OF BEARINGS: The podeac belrins ofS. 10• S4' s2• E. tam point ·oXFoRD· to point "PRINCE· ii bued OD a romiaa oftbe inversed arid coordinates by the awrqed caawaawww ..... Both GPS comrol monwnenu a 3 114• uniman dim in eccae c:ovas. Authored by : Lisa c . y anushka Rqion 6 ll.0.W. 2000 S. HoUy SL Denver Co . som . ' .. I· 0 1 32xl • • • • <, 1996 D£PA1l'1'M£NT OP ff.ANSPOUATION STATE OP coLQBADO PAllCEL NO. TE-412 STA. 523+ TO STA s1a+ wnmDMBE PllOJECT NtJMBEll: FCU-NH(CX)OIS-2(54) UNIT 4 LOCATION: s~AFE WJNl)EltMSE (Belleview to Tufts) .. ' . .. STATE mGBWAYNO. 85 I. 0 1 32xl • • • '· EXBIBIT•A• PROJECT NlJMBEll; FCU-NB(CX)085-2(54) UNIT 4 TEMPORAllYEASEMENT: TE~12 Aupst 23, 1996 A Temporvy EaMmmt.No. TE-412 oftbe .Depanmmt afTl'Ulpultaaoa, State of Colorado. Projc No. FCU-NB(CX)015-2(54) Uait 4, o +• .. 1 6,826 sq. fl., more or lea, described in Boole 849, Pap 466, rec.oadal ill .Arlplboe County in tbe NW 1/4 oftbe SE 1/4 ofSecrioa 9, Towmbip S So111b, .... 61 w-. m tbe Sixth Principal Meridian. in Arlpaboe Coumy, Colorado. llid laiipedly .. Dffll being -more partic:ullrty da:libed a fbllows : Beginning at the Cemer ofSectioa 9, 11-v.z• ahaniman cap (LS 12083); '11IIDce s. 0° 00' 4i-E., a disrance of6S1.6S feet; Thence N. 76° SI' 23• E.. 1D a paint on tbe nonh Right ofWay line of West Layton Ave. (June 199S), alto INins tbe IOUdl Jiae oftlllt property descnbed in Boole 849, Pap 466, recorded in Anpaboe County, a climnce of 146.38 feet to the TRUE POINT OF BEGINNING; 1. Thence N . 83 • 13' 03• W ., a distance of92.S7 feet. 2 . Thence N. o• 16' 4r E ., a diswlce of 489.17 feet; 3. Thence S. 3• S9' 53• W., adistlnceof270.64 feet; 4 . Thence S. o• 23' 49• W ., adistanceof217.00 feet; S. Thence S . 46 • 47' 31• E., a distance of 17. 72 feet, to a poim oa tbe IOUdl line of Slid property; 6 . Thence S. 89° 25' 01• E., alona Slid nanh Rip ofWay line mWea Layton Ave.. and the south line of said property, a climnce of97.00 • man or 1111, to tbe 1'1UE POINT OF BEGINNING. The above described Temporuy E....,.. comaim .1S7 acra/6126 1q1me feet, more or less . For the purpose of roadway slope COIIIIIUCaOIL BASIS OF BEARINGS : The podecic barina ofS. 10• 54' s2· E. &om point "OXFORD• to point "PRINCE-ii bued on a romion oftbe inversed arid coordinates by the awnpd coaverpnce anale- Both GPS conttol moiunenu are 3 1/4° abvninum dim in acrm coven. Authored by: Lisa C . Yanushb Region 6 R.O .W. 2000 S. Holly St, Denver Co. IOm I . 0 --~---------------------.i----------------------------,---.--- • ORDINANCE NO. 6_ 811118 OP 1116 • • <. BY AUTHORITY ,. COUNCIL BILL NO. '6 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OP ENGLEWOOD, COLORADO PERTAINING TO REPLACING WATER MAINS IN WITIUN THE LDIITS OP THE PROJECT KNOWN TO COOT AS "BELLEVIEW NORTH". WHEREAS, with tbe popawl *-~ta in the Colando Department of TramportatiOD1a "Belleriew North· Project OD Soatb Windermere Street, En,lewoocl'a water maim will become inN'CINihJ'II due t.o depth of future pwlea; ud WHEREAS, tbe c:urnnt project will provide an opportunity far relocatiq and increuinl the me of tbe aiatin, potable ud raw water maim; ud WHEREAS, tbe popawl project camiata ofupmin, tbe ailtinr 'J:19 raw water main t.o a se• main ud upai&iDc tbe aiatiq 11• potable water main to a 30" main; and WHEREAS, the CODtract amount of $244,240, t.o be paid by the City, ia a lad amount inclusive for en,meerm,, materiala and labor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtiqp 1. Tbe Belleview North Ccmtnc:t W.... the City of.,..._ ud tbe Colorado Department ofTrampartatiaD, ...._....., • Bl:bibit A. IIDd the payment of$244,240.00 u apec:i6ecl ill Emillit 1, ia blnbJ accapW IIDd approqd by tbe Enil-ood City Council. Sgtiqp 2. Tbe Mayor ia autbariwl to mte wl the City Clan 1D a&tillt IIDd -1 these documents for and OD behalf of tbe City of..,.__., Cabado. Introduced, read in full, ud.puwl on &st rwliDc OD the 3rd day of s.,t-ber, 1996. -1- .. •. • 10 b iv .. .I I . . 0 'a2xl • • • .. Publiahed u a Bill tor an OrdiDUlce CID the 5th day of September, 1996. Rud by title and puaed CID 1ml rMdiDI CID the 18th day al Sept.ember, 1996. Publiahed bJ title u OrdiDaDcl No. _, Seria al 1996, CID the 19th day al Septwrnber, 1996. Tbamaa J . Burm, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk oftbe City ofEnpewood. Colando, hereby certify that the above and foreaaiDI is a true copy of the OrdiDuee puNd CID final reading and publilhecl by title u Ordinance No. _, Seri• of 1996. . -2- • . .. ' .. I· 0 'a2xl -----------------~ . • BB 0852-075 (10061) BELLEVIEW, NORTH (LUMP SUM) REGION 6/RBM • , . • • CONTRACT THIS CONTRACT, made this day of , 1996, by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to as the contractor or Local Agency, WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Program 2000, Function 3020, Object 2312 lP, Originating Unit 6061, Project Number 10061 00 D, (Encumbrance Amount $0); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State anticipates reconstruction of South Windermere Street, from West Belleview Avenue to West Tufts Avenue in Englewood, Colorado, under State Project No. BB 0852-075 which is funded with State and Federal-Aid funds; and WHEREAS, the State's project causes modification of approximately two-hundred eighty linear feet (280 LF) of 20-inch water line and three-hundred forty linear feet (340 LF) of 27-inch water line within West Layton Avenue; and nine-hundred sixty-four linear feet (964 LF) of 16-inch water line, three-hundred fourty linear feet (340 LF) of 12-inch water line, one-thousand sixty-three linear feet (1063 LF) of 10-inch water line, and six-hundred ninety linear feet (690 LF) of 4-inch water line within South Windermere Street; and the Local Agency desires to increase the size and quantity by consolidating these facilities, all of which are hereinafter referred to as "the work"; and WHEREAS, the State and Local Agency consider it to be in their mutual interest to cooperate in the project; and WHEREAS, the State agrees to install the water lines and all related appurtenances for repla~lng / upgrading the existing water lines; and WHEREAS, the Local Agency will reimburse the State for the costs that are attributable to the increased size and quantity of proposed water lines; and WHEREAS, the parties have agreed that design and construction of the State's project shall be modified to provide for inclusion of E X H I B I T l .. I . • ei--------------~--------...-_, • I • • t~e work desired by the Local Agency; and WHEREAS, the Local Agency has submitted plans and specifications for the desired work to the State setting forth therein final design information for this work which data has been approved by the State; and WHEREAS, the State has estimated the total cost of the work and the Local Agency is prepared to provide funding for the increased size and quantity of proposed water lines for the work as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, the purpose of this contract is to define the respective responsibilities of the parties hereto for the work, which is to be completed in conjunction with State Project No. BB 0852-075; and WHEREAS, this contract is executed by the State under authority of Sections 29-1-203, 43-1-110, 43-1-116, and 43-2-144, C.R.S., as amended; and NOW, THEREFORE, it is hereby agreed that: A. This contract establishes the general prov1s1ons for and defines certain responsibilities regarding the design and new construction for the consolidation of water lines within South Windermere Street and West Layton Avenue in Englewood, Colorado, ("the work") as specifically described in the plans and specifications for the work which is incorporated herein (Exhibit A) and made a part hereof by reference. B. The parties have agreed to a fixed amount of $244,240.00 (Exhibit Bl as the cost of the work, including preliminary engineering. Within 30 days after completion of the work to be performed under this contract and acceptance thereof by the State, Federal Highway Administration (FHWA) and the Local Agency; the Local Agency will remit to the State a lump sum of $244,240.00. Work performed in conformance with the final plans shall be deemed acceptable. The Local Agency shall not unreasonably withhold fin3l accoptance of the work. Until the State is reimbursed, interim funds shall be pay:ibla from State Highway Supplementary Fund (400). C. The State will provide liaison with the Local Agency through the State's Region Transportation Director, Region 6, located at 2000 S. Holly Street, Denver CO 80222. Said Region Transportation Director will also be responsible for coor<iL nating the Stilte's activities under this contra~t. 2 • . ' I . 0 ( • 0 I • • D. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions agreeable to the parties prior to bid and award. Following award of the construction contract(s), no further revisions in design data or cost estimate shall be made except by agreement in writing between the parties. E. The parties hereto agree that this contract is contingent upon all funds designated for the work herein being made available from Local Agency sources. Should the Local Agency fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. After the State's construction contract for the work has been awarded and fully executed, this contract may not be terminated until the work is complete and final bills are paid in full. ARTICLE II GENERAL PROVISIONS A. The Local Agency will provide the preliminary engineering for the work, including the preparation of construction plans and specifications in accordance with the State's Roadway Design Manual and Standard Specifications for Road and Bridge Construction and the Local Agency's "Technical Specifications". The State will afford the Local Agency ample opportunity to review and approve the estimate. The State will provide final assembly of construction plans, special provisions, estimates and construction contract documents. The State will establish appropriate Disadvantaged Business Enterprise (DBE) goals for the construction contract(s). The State will advertise the call for bids and award the construction contract(s) to the low responsible bidder(s). B. The State will provide construction engineering during the construction of the work. Said construction engineering will include field and office engineering, inspection and aaterial testing, traffic control, .and the supervision of the construction of this project. The State will contact the Local Agency prior to work for approval of any construction contract modifications resulting from the construction engineering. On completion of the work, the State will schedule a final inspection of the wor~ with the construction contractor and the Local Agency. Based upon that inspection, the Local Agency will indicate in writing its concurrence or non-concurrence of the satisfactory performance of the work. Performance of the work in accordance with the plans and specifications will be deemed to be satisfactory. Upon satisfactory performance of the work, the State will affect contract close out procedure!!, including advertising for and ~ettlemeat of claim~. 3 •. I • 0 • ei---------------------~-- 0 • c. The State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred for the work and shall make such materials available for inspection at all reasonable times during the project period and for three (3) years from the date of final payment by the Local Agency to the State. Copies of such records shall be furnished to the Local Agency upon request . D. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency' s obligation to maintain such improvements. E. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State, FHWA and Local agency. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. F. During the performance of all work under this contract, the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are shown in the Non-Discrimination Provisions att,.ched hereto and made a part hereof. G. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. R. This contract may be terminated as follows: (a) Termination for Cause. If, through any cause, the Local Agency shall fail to fulfil1, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, 9r stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective ·date of such termination. In that event that the contract is terminated for cause the Local Agency shall reimburse the State any expenses incurred by the State under the contract in a lump sum payment made within thirty (30) days of the termination . Notwithstanding above, the Loca l Agency sha.ll not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable , such termination shall 4 •. ' • I • 0 ------~----------,,.-----· • • • <. • be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. (bl Termination for convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. I. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State a-s provided herein in the event of such failure to perform or comply by the Local Agency. J. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. K. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the saae term upon subsequent breach. L. This contract is int,nded as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effact ¥hatsoever, unless embodied herein by writing. No subsequent novation, r~newal, ~ddition, deletion, or other amendment hereto eh~ll have any force or effect unless embodied i~ a written contract executed and approved pursuant to the State Fiscal Rules. H. The Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and by .~ws , ~nd ~ppli~~ble law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this ~ontract on 5 • . ... I . • • ·, • i . behalf of the Local Agency and to bind the Local Agency to its tez:ma. 6 . ' • . .. I. 0 1 a2xl • .,--------------------~---- • ·, • ~. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: By ,:tiief Clerk ATIEST : ~ Loucrishia A. Elli• 'TIiie ---------- City Clerk STATE OF COLORADO ROY N»IER., GOVZNIOR. By ------------S&e cut Ive Director ~ Tdlt DEPAATIENT OF TMNSPOATATION CITY OF ENGLEWOOD, COLORADO Thoma• J. Burns, Mayor . ' .. ·' I. 0 'a2xl . , .. • . • • '· Plgl1of1 EXIIBITI NO«U OPTION: IICl.00 llnaflll ca pllltlc. $11.25 $11,212.50 1.1)113.00 ...... 10" pllltlc. $42.45 $,15.124.35 :MO.DO ._ ... 12" pllllic. 1511.15 $17,323.00 IM.00 llnallll 1r pllllic. 1511.70 M,17,UO 2111).00 lnaflll 20" cludll iron • $135.57 $37,1511.IO 2IIO.D0 lnallll 'Zr cludll iron • nat Mlllbll; 111111 30" IU:tll iron :MO.DO lnallll 30" cludll iron • 1215.00 $73, 1 DO.DO «JO.DO lnalNI r pllllic. $21.25 $11,300.00 P, .. 11i•t E11gil•i1U SI0.000.00 SI0.000.00 TOTAL $304,IIM.25 IULD OPTION: .cl.DO lnaflll ,r DIP. $113.DO $7,3211.00 10.00 lnlsllll 24" DIP. $175.DO $1,790.00 1,155.00 lnallll 30" DIP. 1215.00 M,325111 1.227.00 ._ ... .. DIP • 1210.00 1257.mao 111.00 lnallll r plllllc. l210II 12.11,.00 1,110.00 ._ ... r plllllc • 1211.25 131,357.50 TOTAL N.13UD w.aza.-.-.. UIEIIM,MIID I. • 0 • 'a2xl •. • t• •, • .. I . • --------------,. • • • . ... 0 I~ - ~.,; 9~~,,.~i ... ,uumun 1/4 Se c ti o •" t,ne I 'I I• I •I 1:. jl It . .. : ' • ... I • C ----------------------.i---------------------------- • • ,., - .. COUNCIL COMMUNICATION Date Agenda Item Subject Arapahoe County 11 a i Enterprise Zone Updated September 16, 1996 Development Plan Initiated By Staff Source Arthur Scibelli, Business Community Office of Neighborhood and Business Coordinator Development COUNCIL GOAL The retention of retail and industrial businesses within the City of Englewood is a Council goal. The Arapahoe County Enterprise Zone provides important State Income Tax Credits to businesses, serving as a business retention and expansion tool. RECOMMENDED ACTION Staff seeks Council support for a resolution approving the Development Plan so as to continue the Enterprise Zone and expand the Enterprise Zone in Englewood to include Cinderella City and the South Broadway Corridor. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED An application for Enterprise Zone status was submitted to the Department of Local Affairs by the Englewood City Council in August, 1990 and subsequently approved effective November 1, 1990. In April, 1996 the legislature passed SB 96-193 requiring cities to submit a Development Plan for the following purposes : Define effectiveness of Enterprise Zone to date Provide an opportunity for Enterprise Zone expansion requests Establish goals for measuring future effectiveness of the Zone All of these items are addressed in the Development Plan that accompanies this Council Communication. The Plan also includes data for the cities of Littleton and Sheridan. The City Councils of Sheridan and Littleton have approved this Plan via resolution . Staff recommends Council approval of this Plan so as to continue and expand the Enterprise Zone in Englewood . I . -----------~----------.--------------------------,.--=-- • • • (. CINDERELLA CITY AND SOUTH BROADWAY ENTERPRISE EXPANSION REQUEST: It is important to note that the Enterprise Zone Act of 1996 established two statutory distress factors for qualifying census tracts : 1. Per capita income. Areas where per capita income, as reported by the 1990 Census , is less than $11, 116. 2. Unemployment. Areas where unemployment, as reported by the 1990 Census, is greater than 7.17"/o . Cinderella City Enterprise Zone Expansion Area: Cinderella City meets the per capita income criteria but not the unemployment criteria. Cinderella City is located in Census Tract 57 .00, which has a per capita income of $10,315. This is the second lowest income level of all Census Tracts in the zone. Even though Cinderella City only meets one of the two major statutory distress criteria established the State, the expansion may still be considered based on the following positive impacts that would be realized by Cinderella City inclusion: • The elimination of blighted conditions at the site; • It will enhance the identity and attractiveness of Englewood's central commercial area; • The redeveloped site will provide goods and services to the community; • It will set a high profile example of a successful redevelopment project in the Enterprise Zone; • Provides a principal link in metropolitan Denver's transit system' • Increases city sales tax revenues; • Provide flexible-schedule jobs, enhancing the variety of employment opportunities; and • 5ynergistically enhance the downtown and retail business area south of Hampden Avenue (opposite Cinderella City). In addition , Enterprise Zone benefits at Cinderella City will foster a positive environment to enable new businesses to become established. Availability of business financing, essential to economic rejuvenation, is enhanced through loan programs that offer priority status to Enterprise Zone businesses . Enterprise Zone benefits supporting businesses in this redevelopment area include the : • Investment tax credit; • New business facility tax credit; • Health insurance tax credit ' • Tax credit for contributions to child care' • Education and training tax credit ' and • Small Business Administration 504 and 7a loan programs. (Please see Pages 37-42 of the Redevelopment Plan for a more detailed description including maps and photos.) 2 • , I. I 0 - CINDERELLA CITY SITE EXPANSION AREA OUTDATED DESIGN AND APPEARANCE HAVE LEFT THE MALL MOSTLY VACANT ) LOSS OF MALL BUSINESS HAS NEGATIVELY IMPACTED SURROUNDING BUSINESSES acant •stai uran t Near !!le Ma.II s Mai ,n En ra nc e 1 . . I ' 0 , • • SOUTH BROADWAY EXPANSION AREA ... . . I . • /f • • • .. South Broadway Enterprise Zone Expansion Area; The Census Tracts within the South Broadway Commercial Corridor do not fit precisely within the distress criteria established by the State (unemployment and per capita income). There are a number of overlapping Census Tracts along the corridor. Some of these Census Tracts meet the per capita income criteria (less than $11 , 116) and some meet the unemployment criteria (greater than 7.17%). Some of the Census Tracts meet both the unemployment i!ld. per capita income distress criteria. (See pages 37-42 of the Redevelopment Plan for a more detailed explanation, including maps and photos). However, the State may still give serious consideration to this expansion request based on the varied benefits which would accrue to the South Broadway corridor, if included. They are as follows: • Assistance to small businesses which typically experience slim operating margins; • Revitalization for a variety of retail and service-oriented uses, the mix of which will be determined by the needs of the local market; • The revitalization of blighted properties; • Services and small office uses, providing jobs for a variety of skilled and unskilled employees; • Retail businesses, providing full-time, part-time, and flexible job opportunities to certain demographic sectors that populate the area, such as households with children or older family members ; • Increased sales tax revenues to support local economic development efforts; and • lncrNSed sales tax revenues to support general municipal services. FINANCIAL IMPACT The Office of Neighborhood and Business Development provides staff support in the administration of the Enterprise Zone. As a result, Englewood businesses receive State Income Tax Credits . LIST OF ATTACHMENTS Proposed Resolution Arapahoe County Updated Development Plan , August 1996 J ' I .. I. C 'a2xl • • I 11 I I . Current Yur Population D OID 731 D 731 ID lt2 r!) 1121D 1,242 • 1,2421D 1.• • 1.•to 2,<MS t"-_..,,- .... ,,_.--1 ( • ..... • \ • SOUTH BROADWAY EXPANSION AREA CENSUS BLOCK GROUPS 1990 Census Bouldaries YELLOW• Block Groups MNtlng D11tre11 Facto,1 GREEN • Block Groups Not MN4lng Di1tre11 Criteria 0 C ::, ! ,:l CHERRY HILLS VILLAGE MIies ~ .5 r I • 7 - SOUTH BR O ADWA Y EXPANSION AREA THE VARIETY OF BUILDINGS AND USES DETRACT FROM A DE SI RABLE COMMERCI A L IM AGE _ ...... - SOUTH BROADWA Y EXPANSION AREA AR C HITEC TURAL INCONGRUITY IS TYPIC A L IN T HE SOUTH BROADWAY CO RRID OR • -~-------~------------------- UIOUJTIO!f NO . :l.. IIIDS0,11111 ·. C. . " • II a.. ,- A RESOLUTION APPROVING THE ARAPAHOE COUNTY ENTERPRISE ZONE UPDATED DEVELOPMENT PLAN. WHEREAS, the City of Englewood., Colorado wu included in the Arapahoe County Enterpriae 7.one with the City of Sheridan OD Ncmmber l, 1990 and with the City of Littleton on November 29, 1991; and WHEREAS, the City of Sheridan buain-have been utilizing Arapahoe County Enterpriae 7.one tu creclita since November 1, 1990, in accord with an area economic development plan; and WHEREAS, the Colorado Stat.e I4!1iwletnre paaed s-ate Bill No. 193 in April, 1996 of Senat.e Bill 193, which requirm that aid area -ic deYelopment plan be reviaed and updated; and WHEREAS, the Arapahoe County Updat.ed l>eYelopmait Plan dated August 1996 bu hem prepared to accomplish the objective of ~t.e Bill No. 193; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: SctiAP 1. The City Council of tbe City of Eqlewood, Colando bavinl reviewed the Arapahoe County Updated o-lapmmt Plan dated Au,ut 1996, hereby apsll'OYea Mid plan and encounp1 the Colorado Ecaacwic [)eqlopmmt C.-mwian to aP1J1Vft Mid plan filr the purpoNa of CODtiDUUII and apandinc the EntapriN 7.--Clllllprisiq the citi• of Englewood, Sheridan, and Littlet.an. ADOPl'ED AND APPROVED tbia 18th day of September, 1996. Tbomu J. Burm, llayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk filr the City of Eapwoocl. Colando, --, catify tbe above ii a true copy of Reaolution No.__. s.riea of UIN . •. .. I. • • • ~- COUNCIL COMMUNICATION Date Agenda Item Subject September 16, 1996 11 a ii Bill for an ordinance approving aedit enhllncemenl for the Marb bonds. lnltialad By CilY of E Financial Services Deollrtment I Staff Source Frank Grvolewicz Oil9ctor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has supported efforts to improve both the City's housing stock and relations with the business community. This ordinance helps the Wetlsford Marks West Corporation, a corporate citizen providing housing in the City of Englewood , to refund the City's prior industrial development revenue bonds, and therefore reduce its long-term cost of providing housing in Englewood. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance making available to the Wellsford Marks West Corporation, the proceeds of bonds (not to exceed $11.2 million) to be used to refinance a portion of the costs the the Marks Project which was originally financed with the City's Variable Rate Demand Multifamily Housing Revenue Bonds (The Marks Apartments), 1985, SerieS A . The maturity of the refunding bonds is expected to be extended to December 1, 2026 . This refunding allows the Marks Project to be refinanced using debl that is tax emempt . This tax exemption lowers the effective cost of debl, and therefore provides an incentive to firms providing housing projects to the community . This adion is not subject to the provisions of TABOR . This is not an obligation of the City of Englewood. The City will hold a public hearing regarding this adion on September 23, 11198 at 10:00 a.m . as 19qulred by the Tax Equity and Fiscal Responsibility Ad of 1982 (TEFRA). The City Council is requested to hold a special meeting on September 23, 11198. The existing Letter of Credit for the Bonds, and credit agreement between the Letter of Credit Bank and Wetlsford, expires on October 25, 11198 . A second and final reading at the special meeting requested to be held on September 23, 11198 would put the bond dosing date on October 23 , 1996. This will allow the bonds to close prior to expiration of the Letter of Credit . FINANCIAL IMPACT The Wellsford Marks West Corporation will reimburse the City for all costs associated with this adion. UST OF ATTACHMENTS Proposed bill for an ordinance . ' • . I. 0 f 32 x l • I' . .. ·~ • <. NO'OCEOF~ Nodce ii......, pa dllt die City alE -waDd, Colorado illllalll to Ill to die ..... 11111 belt bidden lir cmla 111d to .. Nit ...... al .. City ill Mb"O Py Bau1i1a ............... (Ma!b,.., tPnlja)Sllill19'6ia ...... priac:ipll- alSll,200.000( .. .....,_ iaa•De hr 1, 2026. 1'lle ...... to aillllld,..... to .. CC1Ullly al Meniripeljty DMi llqr r.... • IICIGII Ad. S.... 29-3-101 tllraup 29-3- 123 . ne purpme a1• Ille ii to a c •aw eel": sly....._ pn,ject .__•die Mab Ai*' s• .._.. r 1'101 Elltl ...... Awme. 'lllllpli1mlill pn,ject ii OWllld by Mab w .. Corporalion. ....,.. purcllin1rs aould CXIIIIICt Mr. Pnilt OIJ"9wicz. Direc:lar' flip w Services. City al ..... pq-.,c,d. Colorado, 3400 Soulia Ellti SU.. F•mood. Colorado IOllO; Phone: 762-2400 by 12:00 noon on Monday, Sept-+er 16, 1996. Daled: ..,......._ 9, 19'6. /ti,... OrJalewicz Direc:tar olF W S.-. City olE.lpwood. Colorado ' ' .. I· •. . ' 0 'a2xl • • <. • // a_ JI ORDINANCE NO. __ SERIES OF 1996 BY AUTHORITY AIIIU.IO& AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (NARKS APARTMENTS PROJECT) SERIES 1996 IN THE AGGREGATE PRINCIPAL AMOUNT OF SlU00,000. TO REFUND PRIOR BONDS OF THE CITY AND TO PROVIDE FINANCING FOR BESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME FANIIJES AND PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; ACKNOWLEDGING THE USE OF A PREJJVINARY AND FINAL omCIAL STATEMENT AND THE EXECUTION AND DEUVERY BY THE CITY OF A CERTAIN INDENTURE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREEMENT, SUCH BONDS AND CLOSING DOCUIIENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO "LOW-AND IIIDDLE-INCOIIE FAMILIES AND PERSONS," AS TO THE SUfflCIENCY OF REVENUES AND AS TO OTHER MA'ITEBS RELATED TO THE RESIDENTIAL FACILITIES TO BE FINANCED; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . WHEREAS, tbe City « Eql-ood, Colando Ctbe "City") ia autbari&ed by tbe County and Municipality Development ReYenue Band Ad, camtitutm, Sectiau 29-3-101 throu,b 29-3-123, iDcluaive, Colorado 8"iNd Statutee Ct.be "Act"), t.o ftnaDce and rebanc:e ODe or more projec:ta, includin1 any land, buildilll or olha-ur.p.o,-t, and all real and penonal properties, whetber or not ill aiatence, wbicb lball be luitable for naidential faciliti• for low- and middle-income families or penona and iatmded for me u tbe IOle pa-m l"Nidmce by tbe owners or intended oceupanta t.o tbe end that more adequate naidential bouam, facilitiet for low- and middle-income families and penona may be provided, wbicb pramote tbe public bealth, welfare, aafety, convenimce and prosperity; and WHEREAS, tbe Act airt.boris. tbe City (i) to iaue ita reweDue bonda for tba pur,-e of defrayiDJ the COit of ftnancinJ or rdnanc:inc any project and all incideDtal apenw iDcurnd in CODDectiOD with tbe iuuance « ll1ICb bCJDda, (ii) to mW int.o ftaaDc:inc ..-ta with odm'I for tbe purpoae of providini revenu• tD pay tbe boada authariNCI tD ~ iMUad UDder tba Ad and ·l· .. I. • • • . . upon such terms and conditions u the City Council of the City may deem advuable, and (iii) to IICCUJ't! the payment of the principal of, premium, if any, and interest cm IIUch bcmda u provided in the.Act; and WHEREAS, became bcmda iNued panuant t.o the Act do not create a multiple-fiscal year direct or indirect debt or other financial obliptian al the City, the Bonda are not subject 1D the provilicml of Article X, Secticm 20 of the Colorado Cooatitution; and WHEREAS, the City previoualy ilsued and sold ita Variable Rate Demand Multifamily Rental Houainc Revenue Bcmda ('1be Marb Apartmmta) llllll5 Series A. in the agrepte principal amount al $12,200,000 (the "Prior Bcmda"), in order t.o provide ffnanclnc t.o HG Venture, a Tau limited putmenbip, who bu aubeequmtly umped its.interest in the Project (a1 defined herein) 1D Wellaford Marb W..t Corp., a Colorado corporatiaD (the "Owner"), for the acquisition, conatnac:tiOD and iDatallatiOD of a multifamily rental boumi, project (the "Project") located within the City, 1D be occupied partially by individuah of low ar moderate income within the meaning al and f'or the period required by SectiOD 103(bX12) al the Internal Revenue Code of' 1954, u amended (the "1954 Code"), all f'or the public pmpme of provicliDc more adequate residential housing facilities f'or law-and middle-income families and penou; aDd WHEREAS, the Owner bu requested the City refund the Prior Banda; and WHEREAS, the City bu dlwmiDecl that it ii advisable aDd iD the b11t in.ta.ta of' the City to illue ita Multifamily HouaiDg Revenue Ref'uncliDc Bcmda (Marb Aputmmta Project) Series 1996 iD the aare,ate principal amount al Sll.,300,000 (the "Bonda"), ID aell and demw the Bcmda to Fint Chicago Capital llarbta, Inc., u the undenrrits al the Bcmda (the "Underwriter"), 1D refund the Prior Bonda and provide financing ID the Owner-far the Praject, to be occupied by perlODI of low and middle income, u determined by the City, aDd occupied partially by individual, of low and moderate income within the meaning al aDd for the period required by SectiOD 103(b)(12) of the 1954 Code and by dllJile proviaiCllll al the Jntenw a...ue Code al 1986, al amended (the "Code"), which are applicable tbslto, all f'or the pablic ...,... al pnmcliDc more adequate residential homing f'acilitiea f'or low aDd middle income f'amiliN and pel'ICIDI; and -2- • . .. I. --------------------------------------------- • • • •. WHEREAS, in order 1D pnmde auc:h financ:inc, tbe City will iuue tbe Bonda 1D make a loan 11D tbe Owner, tbe repayment of wbicb will be evidaicecl by tbe Loa Ap-eement deKribed below of tbe Owner; and WHEREAS, there have a-ia-ted 11D tbe City Council (i) tbe prapaaed form of Loan Agreement, dat.ed • al Oct.ober 1, 1ll86, W-tbe City ud tbe 0.--(tbe "Loan Agreement"), (ii) tbe prapaaed form al IDdeDtare al Tnaat with .....,.ct to tbe Bcmda, dated • of Oct.ober 1, 11116 (the "Indenture"), W-1be City ud American Natiaul Bulk and Tnut Company al Cbic:qo, Cbicqo, Dlinoia, • Trustee (the 'Truatee"), (iii) tbe propaNd form of Amended and Batated Lud U• ReatrictiGD .Acrwment with rellpel:t to t:be Project, dated • of October 1, 1996 (tbe "Replatory Acr-ent~). amoq tbe City, tbe Trutee ud t:be Owner, (iv) the prapaaed form al Bond Purcbue Apeement with napect to tbe Banda (the "Pun:hue Contract") among the City, 1be Owner and die Underwriter, md M tbe form al PrelimiDary Official Statement, to be distributed by the Underwrit.er to proapective parch-. altbe Bonda. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO THAT: Secticm 1 All actioa (nat incauisteDt with tbe prOYisiaa al thia ordinance) heretofore taken by tbe City Coancil ud the ae-. al the City clirect.ed toward tbe flnanc:inc al tbe Project and tbe iuuance md Nie al tbe Boada tblnf'ar be, and tbe .... ia hereby, ratified, approved and confirmed. 5ectjgp2. Tbe City ahall finance 1be Project, 8Ubjact 11D tbe terma al the Loan Ap-eement, the Indenture, and die Replat.ory A,nement, by tbe iMue, Ale and delivery al tbe Boada to obtain funds to loan to tbe Owns, in order to provide ftDuac:inc 1D tbe 0.-, for the Project. 5ectjgp3 To defray die coat al ftnancinc for tbe Project, dm"e ia hereby authorized and created an iuue al rwmue boada deaipat.ed "City al Eaalewaod. Colorado Multifamily HouainJ Revenue Refundinc Bonda (llarb Aputmmta Project) SeriN 11118" in t:be aare,ate principal amount of SU.,200,000, iNuable u fa1IJ l'lli*nd boada wilbaat coupmaa in denominationa al *6,000 or any intep'al multiple tblreaf, Neb cl.did M al their dlltie al iuuuee, -3- .. I. I • • • <. bearing interest OD the unpaid principal amount thereof, payable (acept u provided below) llelllWUlually OD June 1 and December 1 of each year commencing June 1, 1997. The Bonda shall mature on December 1, 2026. The int.er.t rate cm the Bonda llhall be eatabliabecl by the Remarketinc Agent (u defined in the Indenture) for the initial term of the Bonda u provided in the Indenture at an interest rate per annum which if borne by the Bonda, would, baviq clue rerard to prevailing financial market conditiona, · be the lowest rate of inter.t n-.ry tD aiable the Remarketing Agent to aeU the Bonda OD the iuuance date and on each succeeding Tender Date, if any, for a price equal to lOO'll> of the principal amount thereof and provided no such rate llhall ever exceed 8.5()'1,. The Bonda shall be payable, llhall be nbject 1D reclmlption prior 1D maturity, and lhall be in substantially the form u Mt fartb in the J..deatwe. Panuat 1D the Pmmw Contract, the Bonda llhall be aold 1D the Underwriter at the parchaN price 8llt ill'tb tmrein. The ma:r.imum net effective inter.t rate on the Bonda is Dllt ..--than 8~ pa' annum, which rate is hereby determined to be the ma:r.imum net dective int.meat rate on the Bonda. Sec;tion'-Punuant to Section 29-3-103(10)(d) al the Act, the City Council of the City hereby finds and determin• that for pm'JION8 of multifamily rental bouinr prajec:ta such aa the Project, "low-and middle-income penam and families• ·means and includes any peraon wbaae Adjuatecl Income (u defined in the 8.eplatory Acr-ent), ....... with the Acljuatecl Income of all penam who int.end 1D reside with IUcb ..-in -dwellinr unit, did Dllt for the ta:r.able year immediately premdinr their initial occupancy al IUcb dwellinr rmit, aceecl an amount equal 1D 1 ~ al the median rr-income for the ara <• cletermiDed ander-the Loan Agreement), or such other amount u may be eataNiebed fnm time 1D time by the City Council of the City, in accordance with the Act, u the ma:r.imum income for "low-and middle-income penom and families" within the mUIUJII of the Act, and that IUcb penona and families lack the financial ability to pay rentals aufficient ., ind-priYat.e mterpriae in the City 1D builcl a 1ufficient supply of adequate, safe ~ sanitary dwallinp witbaut the apecial uaiataDce afforded by the Act. Sec;tigp 5 The followin, cletenaiDatiam and findinp an banby made in accordance with Sec:tionl 29-3-113, 29-3-11, and 29-3-120 altbe Act. .. I • l .. • . • • <. .. - (a) Tbe muimum amoant n-,y in aKb year 1D pay tbe principal of ud the interest GD the Bonda ia U f'ollowa: X&at Prinsi111J IPtmat 6PPIIIJ ~ 8arTi1:11 leePinsnent lSll6 • -0, $238,000 $238,000 1S87 -0-1162,000 952,000 lflll8 -0-1162,000 952,000 Ulll8 -0-1162,000 952,000 lDIO -0-1162,000 1112,000 lllOl -0-1162,000 1112,000 31m -0-1162,000 1112,000 :DB -0-1162,000 1112,000 D)t -0-1112,000 852,000 Dl5 -0-1112,000 1112,000 3)08 -0-1112,000 1112,000 :II07 -0-952,000 1112,000 20IB -0-1112,000 1112,000 3KB -0-1112,000 1112,000 3)10 -0-1112,000 1112,000 3>11 -0-1112,000 1112,000 3))3 -0-1112,000 1112,000 3)1, -0-1112,000 952,000 Zl.5 -0-1112,000 952,000 :ma -0-1112,000 952,000 3)17 -0-952,000 952,000 30l8 -0-952,000 11112,000 --0-1112,000 1112,000 ml> -0-1112,000 11112,000 D1 -0-1112,000 11112,000 ma -0-1112,000 1112,000 31128 -0-11112,000 11112,000 DI -0-11112,000 952,000 Z25 -0-11112,000 11112,000 mas lU,0,000 11112,000 12152000 ; I Total : SlU00,000 • 27"88,000 • 88,488,000 I . . -5-0 • 'a2xl • • 0 • (b) The terms under which the Project ia to be financed provide that the Owner shall maintain the Project in good repair and carry all proper insurance with respect thereto. (c) The revenues payable under the financing documents with respect to the Bondi and the Project are sufficient 1D pay, in addition to all other requirements of such financing documents and this ordinance, all auma referred to in parqrapb (a) of this Section. (d) Since the Project ia owned by the Owner, which ia a private legal entity, punuant to Section 29-3-120 of the Act the financing documenta with napect to the Project require the Owner to pay all tuea due, with respect to tbe Project. to tbe State aC Colorado, to the City, and to the school district and all other political 1ubdiviaiona and public bodiel corporate wherein the Project ia located, authorized to levy taxes. Sec;tigp 6. The fOTDll, tenDI and proviaiona of the Loan Agreement, the Indenture, the Regulatory Agreement and the Purchue Contract are hereby approved and the City lhall enter into the Loan Agreement, the Indenture, the Regu1atory Agreement and the Purcbue Ccmtract 1ubetantially in tbe fOTDll of auc:h documentl ~ted to tbe City Council It this meeting with 1Uch chances therein which are approved by the City Attorney; and the Mayor al the City i• hereby authorized and directed to eucute and deliver the Loan Agreement, the Indenture, the Regulatory Agreement and the Purchue Ccmtnct ud the City Clerk ia beraby autbarilecl and directed to affiJ: the City seal to and to dell the Loan Agreement, the Indenture, the Jleru)atory Agreement and the Purchue Contract. Sm;tjgp7. The City acknowleclps tbe UN by the UIMWWl'iter aC the Preliminary Official Statement in coanectiOD with tbe a«--, aC tbe Bcmda to tbe public. 'lbe City acknowleclJes the uae by the Underwriten in CODMCtiaD with die Ale aC the Bcmda aC a final official at.atement (tbe "Official Statement") ID Ill pnpand by tbe Underwrita-ud ID Ill 1ubstantially in the form of the Preliminary <>mcia1 Stat-mt ba CGDtaiaia, aucb amendmenta u may be d-ed appropriate by tbe Underwriter. 'lbe City maba no ,..._tatian or warranty u to, and bu no respomibility for, tbe accuracy or_.,.._ aCtbe illforaatiOD CGDtained in the Preliminary Official Statement or the Official Statemmt ud, furtbermore, ia not an "obligated person" punuant to Rule 15c2-12 und• the SecuritiN Escbanp Act aC 1934. -6- I . I • • • • .. $ection 8. The forms, terms and provisions of the Bonds, substantially in the form contained in the Indenture, are hereby approved; and the Mayor of the City is hereby authorized and directed to esecute the Bonds and the City Clerk ia hereby authorized and directed 1D affix the seal of the City to the Bonds and 1D ~ the Bonda. The signatures of the Mayor and the City Clerk on the Bonda and the seal of the City on the Bonda ahall be affixed manually or by facsimile. Section 9. The Mayor is hereby authorized and directed 1D execute and deliver 1D the Trustee the written order of the City for the authentication and delivery of the Bonda by the Trustee, in accordance with the Indenture . $ection 10. American National Bank and Trust Company of Chicago, Chicago, Illinois, is hereby appointed Trustee under the Indenture. Section 11 . The officers of the City ahall take all action in conformity with the Act neceHary or reasonably required 1D efl'ectuate the iaauance of the Bonda and ahall take all action in conformity with the Act neceaaary or desirable 1D finance the Project and for carrying out, giving effect 1D and consummating the tranaactions CODtemplat.ed by this ordinance and the Loan Agreement, the Indenture, the Regulatory Ap-eemeot and the Purcbue Contract, including without limitation, the esecution and delivery of any cloam, documents 1D be delivered in connection with the aale and delivery of the Bonda. $ection 12 . The cost of financm, the Project will only be paid out of the proceeda of the Bonda and none of the Bonda will be ihe general obligation of the City nor ahall any of the Bonds, including interest thereon, conatitute the cWit or indebt.edn-of the City within the meaning of the Constitution or atatuta of the State ol Colorado or ol the home rule c:bart.er of any political aubdiviaion thereof, including the City, Dor ahall anything CODtained in this ordinance or in the Bonda, the Loan Agreemeni, the Indenture, the a.,ulatory Ap-eement or the Purchue Contract, or any other inatnunent give riae to a pecuniary liability ol the City or a cbarp upon the general credit or taxing powers of the City, nor ahall the bnach ol any apwment CODtained in this ordinance, the Bonda , the Loan A,nement, the Indenture, the Refulatory A,reement or the Purchue Contract impose any pecuniary liability OD the City or a cbarp upon the general credit or taxing powers of the City, the City having DO power to pay out of ita general fund, or otbtinrile -8- I • • • • <. contribute any part of the co.ta of financiq the Project, nor power 11D operate the Project u a busineu or in any manner, nor aball the City condemn any land or odler-property for the Project nor contribute any land or other property t.o the Project. Notbin, CODtained ill tbia ordinance or the Loan A,reement, the Indenture, the ReculatorJ Acnement or the PurcbaN Contrlld ahall pve rise to any personal or peeuniary liability of any officer, employee or apnt of the City. Stc;tipp 18. After any of the Bonda are iuued, tbia ordinance ahall be and remain irrepealable until the Bonda and the interest thereon ahall have been fully paid, cancelled and diacharced. Stst,ipp 1'. If any w:tion, parqraph, clauae or ~on of tbia ordinance aball for any reuon be held 11D be invalid or unenforceable, the invalidity or unenforceability of such aec:tion, paragraph, dauae or provision ahall DGt 8ffec:t any of the remaininf proviaiona of this ordinance. 5ec;tjpp 15. All bylaws, orders, reaolutiona and ordinancea, or puts thereof, inconsistent herewith and with the documents hereby approved, are hereby repealed 1D the utent only of such inconsistency. Thia repealer ahall DOt be c:aoatrued u revivin, any bylaw, order, resolution or ordinance, or part thereof. Seetipplfi . Thia ordinance ahall be ill full ba aDd dect immediately upon enactment followinf final pauap. Thia ordinance ahall be recorded ill the City Boot of Ordinances apt for tblt J1U111C1N, aDd lhall be autballticated by the aipatuna of the Mayor and City Clerk, and publiahed ill accordance with law. Introduced, read ill full, and paued OD flnt .....tine OD the 18th day of September, 1996. Published u a Bill for an Ontinaw OD the lib day of s..,tember 1996. ATTEST : 'lbomu J . Burm, Mayor Louc:riahia A . Ellia, City Clerk .9- .. I. 0 1 32xl NMR • • • (, PUBUC REARING ROSTER SEPTEMBER 16. 1996 AGENDA ITEM NO. 9a BEFORE TIIE ENGLEWOOD CITY COUNCIL TO GA TIIER CITIZEN INPUT ON: AQPBffl ~~-----------.-,:-:----:-"""7-Z'F'llll!!"'""""~~r,,-,,:----...... . , • . • / I. 0 • • • i. · ... • '· .... PUBLIC BEARING ROSTER SEPTEMBER 16, 1996 AGENDA ITEM NO. ta ,. " PUBLIC BEARING BEPORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON: THE PROPOSED 1'97 BUDGET POR THE CITY OF ENGLEWOOD NAME AQPUSS • I. • . ' 4 , ~ . .. I· 0 • • • • .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS SEPTEMBER 16, 1996 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPL\K SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STA TING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRJNI NAME ADDRESS TOPIC CCSJGNI ' . . .. I· • • (. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS SEPTEMBER 16. 1996 I' NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCSIGNI • .. I. , --~---~-------------,-------~-----------~---,.,,...-- • • . . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 16, 1996 7:30 P.M. 1. Call to order. '?:~ p.m. 2. Invocation. a.J"ff"""° Pledge of Allegiance. ~ 3. 4. Roll Call. Minutes. a. Minutes from the Regular City Council Meeting of September 3, 1996. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) // 7 . Non·Scheduled Visitors. (Please limit your presentation to five minutes.) fl 8. Communications, Proclamations, and Appointments. ~1,0 a. /)~-~~ VJ7 -1,D Proclamation declaring the month of ?f..'%:.~~~ as Knights of Columbus · Mentally Handicapped Drive month. ~ Letter from M'Us Scott indicati'~=~on from the Englewood Clean, Green, & Proud Commission . ry<-,.,~ .~--1i' Off-1,0 4 ~~/) Letter from Roger Shoop indicati his resignation from the Englewood Planning and Zoning Commission. Letter from Jerry Richmond indicating hi resignation from the Englewood Urban Renewal Authority. J./~ PleMe note: If you have• disability 111d....., .aJllav _. • ..._, ,..._ nadfy Iha City ol & ... wood (762·2405) al i..t41 '-s inMYMCeol .._.,.__......_ 111111kyou. ' • I. • City c-il At-Illa 5$1 ._ 16, 1996 .... 2 • • 9. Public Hearing.~~~-~ 7-0 ~,~ --1-d · a. Public Hearing to gather citizen inp the Pr Nd 1997 Budget for the City of Englewood. 10. Consent Agenda. ~ .~· ApproveonFirstReading.~ ~ j-t~1 i. Recommendation from the Oep.unent of Public Works to approve, by :.l:'.O IV'-motion, a construction contract for City Hall restroom renovation. Staff IP"'"1 -0 recommends awarding the bid to the lowest bidder. Jordy and Company, in the amount of $78,915.00. STAFF SOURCE: ClwlN Eataly, Dhctar of Pubic Worn. Recommendation from the Department of Financial Services to adopt a resolution appropriating funds for the Capital Projects Fund and Public Improvement Fund. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Approve on Second Reading. /(~ i. Council Bill No . 33, amending the Pa/ng District No. 35 auessment ordinance. ii. (ft}, tJ.1). iii. Council Bill No. 44, amending Hctions of the Englewood Municipal Code pertaining to sprinkler systems. Council Bill No. 45, approving easerl'lentl ~or water lines (Windermer9/lelleview improvementsl. . , 11. Ordinances, Resolutions. and Motions. ~ a. Approve on Fnt Reading . ~ ~ ~-'_,,,_ i. Recommendation from the Office of~ and luainNa · I , ., Development to adopt a rNOlution approving reviliona to the Arapahoe County Ente,priH Zone Agreement. ITAIP IOUIICI: Ari lallell, ....... Community Co••-· .._ .... N ,-luMa611111lywl ... ....,_. • ..._,.._..., .. Cllyel I -1 1811(70,WI• ........... ..__., .................. n.11,-. • • • • City Council Apnda Sipta11N116, 1996 Pap3 rd ~,/'7 ii. Recommendation from the Department of Financial Services to adopt a 0£; 1 ~ bill for an ordinance approving credit enhancement for the ·Marks bond~• b'17'P"''r J STAFF SOURCE: Frank G,yglewicz, Dhc:tar of Flnanc:illll Semc:es. M _ _ .... J (11 Request to set a special~ on September 23, 1996 at 6:00 ~,¥' p.m. for second reading. t{~ b. Approve on Second Reading. / 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. i a. City Council Liaison to the Cultural Arts Commission. ~ -6y~ 1 ---~--'-n-.J-~···" ll}~.L/J 14. City Attorney's Report . ~ UJ ~a,uz... l/(.i; II~~~~ · · · (tL~. Adjournment. <;:.;tfp,,,,n H~ -?·O The following minutes w•e transmitted to City Council between 08/18/96 and 09/12/96: • Englewood Public Library Board meeting of July 9. 1998 • Englewood Planning and Zoning Commiaion mNtings of July 16, August 6, and August 20, 1996 • Englewood Cultural Arts Commiuion ITINtings of August 7 and August 20. 1998 • Englewood Liquor Licensing Authority ITINtil11gs of Juty 10, August 7, and August 21 , 1998 Plwe ..... If you._. a......, wl .... ...., .. • .... ,._....,, .. Cily 9' E Z, NII C,U.2411) 11 ........... ..._ ......................... ,... I. , • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 16, 1996 7:30P.M. 1. Call to order. 2. Invocation. /JJ1flM 3. Pledge of Allegiance. .£ ~ 4. Roll Call. 5 . Minutes. ~ a. Minutes from the Regular City Council Meeting of September 3, 1996. 6. 7. Schedu#ors. (Please limit your presentation to ten minutes.I Non·S7 Visitors . CPleue limit your presentation to five minutes.I 8 . Communications, Proclamations, and Appointments . . ·1..0 ;~/Jl<( a. Proclamation declaring the month of ~ctober. 1998 u Knights of Columbus -n Mentally Handicapped Drive month. (J .J... ,~;_1.o Letter from M'Lis Scott.indicating her resignation from the Englewood Clean, 1'~ Green, & Proud Commi11ion. ) *-. · .J c! .() Letter from Roger Shoop indicating his resignation frOfTI the Englewood Planning 4'~ ~ and Zoning Commi11ion. ~..td . ~,j,., I 1-c> Letter from Jerry Richmond indicating his resignation from the Englewood Urban Renewal Authority. ..... note: If you haw a llubllily wl ... wliary .. er.,..._ .... lllldfy .. Oly el [,i !11111:ood (762-2405) 11 1M1t 41 houn In·--· .......... _ ....... Thll* ,- ' .. I . 0 1 32xl • • ..... ,, " Oty Council Apnda Seplanllet 16, 1996 , Pap2 ~ /) ij (vO . 9. PublicHearing. 1.~111 4 n ~ 4 ·?-0 ~ ~ic Hearing to gather citizen input on the Proposed 1997 Budget for the City ~\_ OO.ll A'/ 1P ~f Englewood. W'""' 10. Consent Agenda. r1} ;l- a. Approve on£!!!! Reading. -R ~ ~ · 10 t>... 1 1 1 1-0 i. . ii. R~~16 Recommendation from the Department of Public Works to approve, by __ .._ a construction contract for City Hall restroom renovation. Staff recommends awarding the bid to the lowest bidder, Jordy and Company, in the amount of $76,915.00. STAFF SOURCE: a... Eswly, D1rec1ar of Pullllc Worb. Recommendation from the Department of Financial Service, to adopt a appropriating funds for the Capital Projects Fund and Public Improvement Fund. STAFF SOURCE: Frank Clryglewlcz, Dhctor of Financlal ......... ()};), Approve on~ Reading. t /;a.__ .my. b. / -(/.. aJ·'tlb i. b. 7-() 0;.'cJ' ii. J luj ... D . "'· oJf "8 iv. Council Bill No. 33, amending the Paving District No. 35 assessment ordinance. Council Bill No. 44, amending sections of the Englewood Municipal Code pertaining to sprnder systems. Council Bill No. 45, approving easements for water lines CWindermere/Belleview improvements!. Council Bill No. 46, approving • Memorandum of Agreement with the Colorado Department of Transportation for the Windermere/Belleview North improvements. 11 . Ordinance,, Resolutions, and Motions. a. Approve on First Reading. /!iii-~· //a. I· i. Recommendation from the Office of Neighborhood and Business Development to approving revisions to the Arapahoe County EnterpriM Zone Agrwnent. ITAFF IOUIICI: Art lalblll, ...... Colllfflunlty Coonllletclr. {W~~~·+~~ .......... .,,.. .... ......, ....... ...a.y ......... ,.... __ .. aa,.,, -· •• (7U,,Mlm .. ............................................ ,... () ; • .. • \. City Ceundl ..... s .. ,. Lt 1,, 1"' .•. 0 .J ,., ~ ii. Recommendation from the o.p.tment of Financial Services to adopt a~. ~-.. A)Jll or an ordinance approving credit enhancement for the Marks bonds. ~ ~ h.J STAFF IOUIICE: Frank Cllrglawlcz, Dhc1ar of Flnalalal lervloN. ~ !°> (11 Request to set a special meeting on September 23, 1998 at 6:00 /1),Jf) p.m. for second reeding. ,RJL /T1lj. tJ.J _; W' A · Approve on Second Reading. q b. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. City Council Liaison to the Cultwal Arts Commission. -~ -~ 14. City Attorney's Report. ,/{~ /11'l-f-,{; ~ (U}bL I 7-..0 Adjournment. 3:Jt/ The following minutes were tranemitted to City Council between 08/18/16 and 08/12/16: • Englewood Public Ubray load meeting of July 9, 1198 • Englewood Planning and ZONng Comml1Sion m•tlnp of July 16, August e, and August 20, 1996 • Englewood Cultwal Arts Commission mNtlnga of August 7 and August 20, 1198 • Englewood Liquor Licensing Authority fflNlilllS of July 10, August 7, and August 21, 1998 ......... N,-._.a.....__._....., ............... ...,, .. Cllrtlait-9'•1 -, ..................................... ,... ·- • • • - • • 0 • fUA/Y) 671 ~51d)-up~ ~~fu~ t;,"i>~ J» ~~ ~91~-~~~ • ' . ( . ' . . . I . -------.,~--------- • ' . • ·, . .. %;-b() 5._ £~ -~~ ~ CJUll¢ {l;uU---,~ - ~-¢, -I<~ {I ~ 0 ' . . ~~/2_k-~~~~) ~-u..-~-1~ ~ ' I I ... . . . . . I . 0 •. 0 ,~ • I· • ·, • • • SEPTEMBER 23, 1996 SPECIAL CITY COUNCIL MEETING • .. 0 • I· 0