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Home My WebLink About1996-08-19 (Regular) Meeting Agenda• • ·, • .. .. • REGULAR CITY COUNCIL MEETING AUGUST 19, 1996 ORD I~~ 36, 37, 38, 39, 40, 41, 42, 43 RESO I 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 . ' ,. •. • 0 • I. 0 '·32X I • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Aqlllt 19, 1996 l . c ..... o .... The regular meeting m tbc Englewood City Council was Clllcd to Older by Mayor Bums at 7 :38 p.m. 2. ._.._ The ilMlcatioa was given by Council Member Wiggim. 3 . f'lellF .6 A.Hep-«' The Pledge m Allegiance WIS led by Mayor Burns. 4. llallCall Prelent: Council Members Hathaway, Clipp, Wigins. Habenicht, Vonnittag. Wqgoacr, Burns Absent: None A quorum was present Also present : City Manqer Clut City Attoney BnlttmlD Allillallt to tbc City Manqer Grace City Clerk Ellis ~ MIIIIF' Kalua. Pulllic Worb Opcnlioa ~ Ml:Conlick. Utilitia Depaly Dinaor Olaa. Safety Semca DiviliDa Cllilf Maale. Safety Semca Dinaor e.rty, Nllic Waru 5. --- (a) COUNCB.UMmllATIIAWAYMOVU.ANDITWASSSCON»SD,TO APPROVE TIR MJNtJTIS or 11D UGULAa IIIU11NG OI' AUGUST 5, 1"6. Ayes : Council Mellllerl Hldlllway, Wigial. H Ta ·ctae. Wagoner, Clipp, Bunl Nays : Noae Abllain : Council Melllllcr Varmilta& Motion c;arricd. (II) COUNCB. MDIKa BATIIAWAY MOVU. AND IT WAS SSCON»ED, TO .unow 11D MJNtJTIS or 11D SPECIAL mrnNG OI' AUGUST 12, 1"6. Ayes : c-:il Mellllal illdllny, W ...... 111111 ·ctae w..,._.., Capp, a.. Nays: Noae Allllaia : C-=61 Maaller VOIWlillll • . • '·32X I • Eas!ewood City C•acil Aapll 19, 1"6 Pqr2 MOlion carried. 6. Sclledaletll Vlliton 0 • (a) Ms. Karen Floyd, or the Englewood Jaycees, thanked Council for participating in the Dunk Tank at the Fourth or July Family Festival and Fireworks. She said that the participation of Mayor Burns, Council Member Hathaway and Council Member Vormittag really made the project 2 wonderful success and she felt the community really enjoyed it. Ms . Floyd advised that, after paying off' all of their expenses, they made $125 to donate to Englewood Neighborhood Watch for the fireworks next year . She submitted a check in the amount of S 125 to the Clerk . She !hanked Council again for their participation. 7. Then: wen: no non-scheduled visitors. (a) A proclamation clcclaring the week or Sepcember 17 through 23, 1996 as Constitution Weck was considered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TRI. WI.EK OF SEPTEMBER 17 THROUGH SEPTEMBER 23, 1996 AS CONS11TIJTION WEEK. MOlion carried. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Burns Nays : None 9. ..blic Reari•& (a) COUNCU. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN TRI. PUBUC RI.ARING ON PAVING DISTIUCT NO. J5, NAVAJO TRUCK ROUTE. Ayes: Council Mcmbcn Halhaway, V«mittag, Wiggins. Habeaicht, w...-,. Clapp. Buns Nays : None Motion carried and the public hearing opcaed. All lCllimony -pen under oalb . Engineering Maaa,cr Kalun, duly .-n. provided Proof' of Nalice of Public Hearing. which was published in die Englewood Herald CNI July 4, 1996, July II, 1996 811d July II, 1996. He said he wanted to spend jult a few __.. oa ...... llillory of Englcwood paviaa dillric:ls . He advilell that Englewood• lieell iapnMIII ill W 11Y11Cm with .,aal illlpro.1m111 dillric:ls 1U1CC 1956, die first Dillricl -Dillricl 6 lllld die Dillricl llley are IBlkilla.,.. lllllipl is Dillricl No . J5. He naced that siaa: Dillricl No. J5 -illilialad-llaw allD c!llllpkled Pavilll Dillricls No. J6 and J7. So they actually llaw bllilt J2 ,aviltl dillric:ls -die ... 40 ,..... wllicll • alloMd m to bring approximately 97% of our llred IY*"' to a apecific IIUdanl. He opilled lllal E"llewood ca11 ._. as to having one or the best llred syllC.-ia die Dellver IIIClnlpOlitaa Ml8 • a -a. of-pn,pam. ID this particular inllancc. he explained. Pmna Dillrict No . J5 • ._., Tna 1ta111e. -illitiaed by Coullcil in 1992. The Nav¥) aliplllCIII Im ... OIi ow..., .... plaa far ..... of ,ars ud. willl die Colorado Depanmelll o1Trampor1alioa pnlplllilla die illlPCO, 11 OIi die Sam Fe corridor. die opportunity to c::omplde tllis !Gad~ bocaac paaiblc . lllilially, lie explaiw Cow:il app,...W COOT and I • 0 --------------------------,.,------------------~------------i • Eaakwood City COIIKil All ... 19, 1996 Paael 0 :~ • asked them to build another interchange at Tufts, Union, Santa Fe. lbat was an SI I million venture in 1991 that the State wasn't willing to take on and after months and monthsofncgotiatioo wc wcrc able to talk the State into participating in this truck route that would follow the Windcrmcrc alignment north from Belleview. He said it consists of a big sweeping S Curve from Windcrmcrc to the Navajo alignment at Tufts and would proceed north to Oxford and then would tic into Windcrmcrc north ofO:d"ord. He said at this time the tocal COil of the project is atilllllled at CMr $4 million and the contract we negotiated with the State of Colorado in 1992 only required thal we participate $500,000. Mr. Kahm explained that the fact that the State has been slow in bringing this project on line, bealUlc o( Federal funding and cash flow , has not impacted our $500,000 QOIIUIUtment to the project at all III we arc secure in that _._ The purpose of this roadway, be noted, -to provide a good road systan to the pographic _. immediately cast of Santa Fe, bealUlc with the Santa Fe impnwancnll we lcllt our illla'IDCtions al bodl Quincy and Tufts. He maintained that it WllS ill!pOltalll thal WC provide a good roadway to the syllan. He asked ~ to refer to the handout made available this ewning entitled Paving Dillrict No . 35, Nav¥) Truck Route . He said the IICCIOlld P1F is a vicinity 11111P o( the paving districl and it shows PbaK I which is just north o( Oxford down to Slanfonl. He noted lhal lhal particular phase o( construction was completed in late 1994 by COOT and there is an existing scction just south of that because the section of Navajo between Stanford and Tufts was built in a pn:vious paving dillrict ---i years ago and assessed to those owner,; al thal time. He noted lhal PbaK 2 is yet to be construdcd, that it begins just north of Tufts and invol~ a sweeping S ame lhal gm us CMr the Windcrmcrc alignment and proceeds south to Belleview and ii allO includes the CIOIIDCCtioos on Tufts both cast and west. He stated that to the west Tufts will be CIOllllnlded CMr to the Windcnncre alignment to the north and to the cast it will go over and tic into the existing Tufts alignment al Maripca. He mtcralcd lhal that particular section is not yet amstructcd. The Slate, be advised, 1e111 us construction plans for review last week, the final office review on this phase o( the project is Wcdnaday and Thunday o( this week and the State needs to go to bid prior to October 1 • of this )al" or take a chance: on jcopanlizing their Federal funding. He pointed out that we know what their time frame is. He stated they arc anticipating OOIISlnlCtion would start on the bridge at Big Dry Creek as early as lalc NoYcmber and we cxpecl to aec this entire reach completed by early fall of 1997. Mr. Kalua noted that we arc in a lilllc bit o( an UDUSUal ciraumtance. becaUlc in all bis years with the City this is the finl time we have --S impnMIIICIIIS lhll WCl'Cll 'I alRady on the ground. Bui in this particular illSlanCe we know wbal thole iDlpnMmcnlS consist o(bealUlc the State is building our Slandard roadway system, cxa:pl that they arc building a bcavicr model, our folks arc only being asscsscd for wbal they normally would have paid for with our eight and tlm,c llandanl construclion in industrial _. although the State will build an clcYca inch thick deep-ttrcngth apllalt ICCtion . He adviteCI that we ~ in 1992 wbal the unit prices would be for this project and they were baled on our actual construction cxpcricnc:e from 1991, lhll lhll' s the buis for the IIICIIII, 111 we arc wry comfor1llllc ill ,oing forward with the IF IIICIIU al this time. He said WC feel it is -,Y bealUlc it is tiJ11c for US to pay olf the $500,000 commitment that we have on the project III it is allO time for us to start collcailtg rcvenuc from that. Referring again to the handout. Mr. Kalun poinled out that there is a ldlc6llc for the a,mplction of this Dillrict. He noted it n:Oects tonight' 1 public bearing and indicalcs dial Council will a>RSidcr amendmcnls to the a,uncil bill on Sq,temlla l, 1996 . He advilcd Council that there will be an amendmcnl to the bill for an onlinance lhll bas to do with four rcsidcnlial ZOIICd prupcrtics along Tufts A venue that were aSICSlcd at the iDdullrial rate ud right after lllat uppcncd wc realized the cm,r. He explained that stalf bas already CXJlllacted lbolc folks ud given them an ad,juslcd RIC!ll baled Oil a rcsidcntial mcnt . Colllcql!Clllly. Council will lecei\'e u aDICllded COUIICil bill on Sqilcmll [ • 3nl rdlecling lbolc cllaa,cs • well as uy other cllaftlCI Council -ftt to IIUlkc II the ooaclusion o( this C\'Cllings pulllic llearing. This IChedule calls for the onlinuce to be ill ftall force and effcel, either way. by October 20*' . TIie ... clay folks cu aulkc calll ~ towanll dieir FtHl:& ud ...ave a 5% dilcounl ii Moadly. Octaber 21•. OIi Tumclay, NcM:lllber 1i-, die City will ocrtily the___. roll to Anpllloc ea..y for CXllla:boa ud die ""' will be dlle willl tax bills wllic:II arc due in the lpring lllat arc dl"eclM J-, I , 1997. Rdeniq to die lludOlll. Mr . ac--ditaaed the typical Eap,w,od iDdullrial paving ICdioa. our llandanl forty fool meet with -1ical cwt,, pacr ud lidnalk oa both lidcl. He said lllat our typical ICdioa. that we have built all o( our illdullrial llreell IO, ii eight inches o( •. I • 0 • • • ·1. ff ilij~,iiJif 1111111·1~1'flti!!tlfllilJ1111J~11llfl 111 r r r I I l I rf r · 1 1 rJ .. I I·' i I' ,1 l r e-1 Ng l .. f Ir :. l •. • ' •. a I~ a:I • i _ :n· ! I . f i; l !. ~ ( f' arr 1. ! ~ if ~' !9 i i 1J•1 ·111· ~-!~ll~1i 1 ~ifif11 1 '1 •fi•:,li"i"la•• I I !~ iJ1'J11~:r! tli!1~i11tlf,]1 11 1~1~t~11f 1 !ff:(1liii1 .. I: f t . I I ;ii I , .. , I . l •. ! I I J I i' l i r J ! 1 I :s a. t. i ii ~,.11 HH !!,J1H 1hh:ll:!if:!1~~1 r11 Ut1'ii J "• r I t r, i·t~ .. 1-1,•hr .. ,11 1(1 a•, r. . .., ~u lij 1~1 ihl1f1 J , .. t t ,11 'h . rt hr I I l~J'l!·1f: ll1;1il1i1l1tililt,1Jt 1l;flJIIIf~JJIJlJ~ I· ~ 'I . t :. 1' .. f •. . I' ff l I JI i 1,. ,1 f If I !r I' 11 J ( I i .. ! H . I.. i fl I l r I r . t • 1 i J 1 • I· 1 " •• f I I I! f I ( f t l l a I· 8. f l a ~-i I 8 i. I r 11-,.1 I a I •. (fr •. l ··1 fr If. ... J I! a, rl If r fa. f B· I _ i fll•rll. . tl!rf!J1•·1.(J Jiff -1{1Jll11l1a.l(l1Jt!•.~ 1 J l1ft1 $a.( 1( ~fr1 ~ I§ iJ _fl BJfJ , I . . ~ ' ~ • Eqlewood City Council Aapat19,1996 Paa,e5 0 I• • Council Member Habenicht referring to the industrial part along the alignment. asked if any of those east west strms are truck routes and if they will be impacted by this. She a,mmcntcd that she is a>ncemed with the industrial heading east on Tufts. but it docsn 't seem to head east or west on any of the other Slrccts. Mr. Kahm Slalcd that as you go to the east from Navajo, the north side is industrial zoning over to the ditch and the south side is residential. He advised that from the early beginning of this project it has always bcen their intent that this would be a>lllllUcted in such a manner as to discourage that truck traffic from using Navajo and going down Tufts. Mr. Kahm acknowledged that the degree of discouragement hasn't been deccnnincd yet because the FOR (Final Office Review) is a>ming up Wednesday and Thursday and the State hasn't had a lot of delailed discussion with us . Right now, he noted, the preliminary plans he rcceiwd last week don't have proper widths for Tufts on it. they proposed a IQI 11111TOW llRd that would accomplish that but probably wouldn't be adcquale for our needs. So, he said, there is llill lOIIIC di1alllion that must take place tberc yet. He stated that they are aware of the City's CIOIICCffl tberc and they will be Oil top of that. Council Member Waggoner said as our total a>mmitmcnt is $500,000, he wanted to know if the difference between what they have 8SIICIICd as actual constlUCtion which is greater than $500,000 is a>ntingcocics and interest added in . Mr. Kahni said yes, that the I menu includes 10111C legal and 2% contingency. He adviled that when they ll8rtcd out in 1992 they looked back at the 1991 actual experience from building Plane ~ Driw and they just extended those numbers out and just happened to come up at that $500,000 number, 111 they are \'Cl)' a>mfonablc that that is a fair amount to cbargc. Mr. Kahm noted that it is really tough whco the Slalc builds a complddy difl'crmt paving ICCtioo than wc do. Of CXIW'llC, he conuncoted. that in this imtance it turns out to be a S4 million project when it is all said and clone . He said the other molributioo that is worth mentioning, which be thought Mr. Waggoner had a lot 10 do with back in the lalc I0'5. is that Urllan Drainage is putic:ipating to the bUlc of$150,000 in the bridge owr Big Dry Credi.. He aclled that it ll8rtcd out with a $100,000 <lOllllllilmall back in the IO's and as time has ,one oo Ulbln Draiolae upped their <lOllllllitmcnt to about $150,000. Ma,or Buns 111•iolled wllcthcr Phase 2, in what Mr. Kahm is delcribiog. includes that bridge. that that is not ...... Mr. Kalua said ya it docs and from what the Slale 1111 told • thal will be the \'CIY first tlliog dial dlcy bllikl. Caucil Mcllbcr Vormiaag med if that is where it dips way clown . Mr . Kalla said it docs dip clown and the ......,. elcvalioa will be approximlldy cigh&cca fed lligbcr ... tllc low Waler cruailll dial is tberc -· Mayor a.r. lllbd iftllc llip thal we did with them oo the $500,000 ii by OlllllraCl. He aid lie tllaughl we lad..._.,. clDIIC dial. Mr . Kalla aid ya it -by ClllllUacl. Mayor a.r. lllbd if the l1edeclpiag wl ID fonh 1111 beea bid out. Mr. Kala lllviled thal ii 1111a 't beea IO bid yet. thal thal i-:ka,e is being put IOtdJler ripl -· Mayor Buns Cl I led dial lie dioltglll we -,oiag to do that in July, that• -the larld-Mr. Kahm .... we ud llaped to do it ill JIiiy ud ll:tllaliy we are a linle bclliad IClledulc . He aid lie will put tllc ...._ OD CDOT, becaUle we ue ..ting witll their laadlclpe folb. He adviled dull CDOT paid for all of tllc delip for t11c l•,..,,...!11 oa Sula Fe wl their ClllllUacl allowod for far more delip tllaa we uvc .-y IO build right -· He aid we took advaala,e of District 6 willi...-to design C\'CII the ~ C\'CII tliough WC cloa 't uvc die-,. io do it. So, lie ll8led, we are piling tllc cotirc deligo OUI oflllis ,...._, but it look -time to .. IIIPl PCCIOlllplished . Couacil Mamer Vormiaae IIUd wllcll dlcy plu to break dirt oa dlia . Mr. Kalla adviled dial tllc bridF could ID M early M IIIIC 1-cacr. He acllad that IINClula CPII Cllily be llaadlclll ill the wi..-..... ad a lo( of the lltility work CPII be clDIIC M well . Mr. Kalla C10111 $ • ,.., lie ..... be -aly Mpriled if we clOD 't -tllil opca by pnilllllly Oclallcr of aexs ,_._ I I . 0 • • • Ell&kweod City C•acil Aapll 1,, 1996 '•' 0 • Council Member Vormittq said that he assumes that they are going to have to close that road and he asked what the detour will be. Mr. Kahm said that actually what wc had to commit to is that there is no way to do the lllructUrc without just closing WindcrmeR during that time . He advised that once the structure is complete then they will maintain access to local businesles throughout the project, that there will be some detouring, but wc will maintain access to our businesses. Mayor Bums asked how long it will be closed to do the structure to the bridge? Mr. Kahm advised that it has been suggcSled that that can be done in about four to five months. Mayor Bums asked how the traffic will be routed once that is cut off, if it will all go nonh up to Oxford CSIICl'ltially? Mr. Kahm said yes it does and that they will take extra precautions. In fact, he noted, as pan of the FOR review on the plans he was looking at they get into all the detour work . He advised that they will make sure there is extra signqc to uy to keep the truck traffic out of the residential areas during that time frame . Mayor Bums ClOIIIIIICllled that that is the c:oncem that they will just start going through the neighborhoods . Council Member Vonnittq said he would like to get a a,py of that to see what their plan is on how that is going to move through there . Mr. Kahm said they have their meeting on Wednesday and Thursday and. if it is okay with Council Member Vonnittag, he will get with him after that to discuss where things stand. Mr. Vormittq said that is excellent. Council Member Habenicht asked if she understood conectly that if this hadn't been a nailed down figure that it would probably be higher for all of these property owners . Mr. Kahm replied that if he went back to the original numbcB that the State gave us when we negotiated this project in 1992, our share was SS00,000. Ar. he thought the State's share was only Sl .2 million he concluded this project has probably at least doubled in cost since that time. Gary Kor.acek, 1260 West Oxford, advised he was rq,resenting saieral busillCSleS in that area . He said he knew they were noufied ahead of time that. early on when he was on City Council attending the PUC hearing meetings. they were under a bigger impression, as he alluded to, that the Highway Department was paying some of it. However, he Slalcd. the original plans were to go right behind the residents on the east bonier of Sam's Automotive and from what the City is telling him bere is that all of those residents would have been taxed as well . He ooted there wu a lot of~ of busincsscs, Meadow Gold Dairy, Diagnoltic Maitcting for just two. then literally loll ground and there were IOIIIC deals that were talked about and IIC\'a solidified becaUlc they stood here feeling thal their bulinellCI within Englewood were going to be suppcll1Cd by Eaglcwood ~ Tllll llley didll 't Fl the baddlonc item and -they QOIIIC t.ck. and he mm eeard lie ......... llley Fl dais larF lib• to their paving dillJicl cxpclllCS. He said wllaa lie • dlnlugll tllc PUC llearillg a111e1 ad the aeeblll 11111 they llad, aclUally tllc licaring downlown. 11111 lie n:prc, c 1rd die taidalls •a.._ ad llley-piag to go a WUlllcrmcR Oy CM:r and am a wnp --a die lteaalioll Cater. AIID. lie aid. die Hipway Dcpan-.a WU FUii to pay thal IOO%. Mr. KOl.8ClCk adriaaS 11111 die ...-C anlU8d die lteaalioll Ccmcr, the liglll oa die IOlllhcall a,mer of the RccrcalioD CClllcr and all of 11111. -alloliaed to go ahead and a,me tbrougb with this becaUlc by Slac law they bavc to mailllaia and mum access if they caano1 go in and aever access to many najor businellCI. So. he said. this wu the allCrallU\'e route 11111 everybody came to a ooaducive working order to agn,e to. He ooted he followed it ralhcr clolcly, that all of tbal CxpcalC wu going to be incurred bccaUle of some of the loacs of property and lhdl' by the Highway Dcpanmeal and somewhere along the way they llal1al bartering back and fonh and the City eadcd up paia& illlO it and to pay a lol more, thal the taxpayen are findina the burdea oa lllis. He said llis -,jar cioaccn. ud lie reitenled thal is he n:pr 111 lilll them, raata to reevalUIWII the lGlal dollar. He aid llley doll 't ailld paying tome of it, 11111 ii was u awful bi& llit to diem. Mr. KOl.8ClCk apilled dlll ii dley Cllllld .. a '" or 10% niduc:lioa dley WUlald be a lol -a--.lc to it. He llid die odler qtlalic,a 11111 lie-. ad lie poialed CIIII 11111 lie liWI ripl clowll dlae al Oxfonl aad Lipa. ii dlll lllc City IICacr 1111c a IOI* al a 1ip1 bdoR IIIIMINNly ii killed. He .... die recreatioll--ny -die .... dlll ii ...... Upu's Clllry ny ad dlae a,e kids cnailt& ii~-He llid lie llapes 11111 die City -·t wail ll8lil ...... I .. I· • Ea&lcwood City Couacil Atla-t 19, 1996 Pqe7 0 • somebody is killed down there, a child, before we realiu the impact that we already face with this addition being put on. He pointed out that that was also part of the discussion with the Highway Department, that they were going to pay for a crossing light or some type of enhanced safety there and somewhere along the way that has been lost in the shuffle as well . So, he said, his twofold concern is representing the businesses, and it was his understanding that there was going to be some others here, and also his real concern as a citiun is with the Recreation Center and the people crossing that traffic. Mayor Bums asked Mr. Kahm if he had any comment on that. He noted that he docs not have personal knowledge of that history himself and he didn't know if anyone else on Council did. Mr . Kahm stated that he docs not have any direct knowledge of the PUC hearings, that he did not ancnd any of those. He said be docs know that there were a lot of alternatives investigated prior to this one being sclccled. Mayor Burns llkod if there wen: any proccedinp before City Council, or the City iuclf. with repnl to the COil that Mr. Kcmcek -talking about? Mr. Kahm said, as be rccallcd, that initially the S&alc was not willing to participate in the connection between Oxford and Windcnncn: to the nonh. He noted that piece alonpidc Meadow Gold was outside the project boundaJy . So, he advised, as we went forward, as that was allllOII a half million dollars in itself, the Swe initially said they wouJdn 't pay for that and then they agreed to pay for it. Mr . Kahm explained that at that point we looked at everything including a major interchange that would have cost in excess of S 11 million and it just wasn't ccooomically feasible. So, he commented, the S&alc went from Sl.2 million up to the Sl.2 million they arc spending now . Council Member Habenicht questioned wbcthcr businesses have the same option of a cash payment with a 5% reduction . Mr. Kahm said yes, that 5% discount is available to C\'CfYOIIC . Mr. K07.IICll:k said be will make available to the City the PUC hearing notes, but that he would like to have a signed paper that we received them because they arc his pcnonal copy . He advised he has all of them from day one. Mayor Burns suggcslCd instead of giving the City his originals, if it is possible, that be make a copy. Carmela GiovancUi, on behalf of Forum Engraving on 1496 West Tufts, said that she lives at 2131 South Harlan Street, Denver, and they arc property owners at Forum Engraving Company. She said she would like to reitcralc what the geatlcman said bcl'orc hand. That they arc not only concerned about the fact that they have a high bill to pay in teru. ofwhal the COllS arc. wbicb Ille said she foels arc exoibitaal, but that it is also uafortuDIIC that they don't have ID opponunity to take bids, that this is IIJIIICthing dial has to take place and there is not a choiclc in the llllller. Ms. GiovaDeUi llated that she thoupt dial they, as property owners. should have the righl to be able to evaluate tbat. SIie comPN".Dled tbat the Olbcr thing that happeas. ClpCCially ill their bNi ud Ille fell Ille could apeak oa bcllalf of Olbcr property OWDCrS as well, is tbat it takes nay their puking. SIie said they llavc pulwig arc11 dial aR dclipaled for their employc,ea and they will no loDFr llavc arw wblft they ca pin their can, tbat ii would be a hazard to raidcDIS arouad them as far as wblft dlOlc employees would be ~ their can. She added that ii would take nay from their busi-ud their way of pqctice. So, lllc lllled, tbat would harm them, not only in tenu of being able 10 pay the bill, wbicb lllc lluab is very llip. bul tbat ii is also going to be difflCIIII in ICnU of us jull cloiDg busi-day to day. Mayor Burns lllked if they arc puking on their prania or if they llR puking oa a public IIRICI? Ms . GiovancUi llated ii is on their property and, if they pul the cwbl in, ii will reduce the -. of puking in frolll of the building to wllere they would 11111 be able to pin there. Or, Ille opilled, they would have to go IO angle puking wbicb would climiDIIC a Dlllllbcr of puking i11*1C1 ill frolll of their buildiq. She said they lllvc five Olbcr bulldillp within wblft there buildiq is • well and for other 1C111D1S M far M their cmployc,cl bciag able to pin their can. And ii .-kl be bolh oa Tufts ud Bcvaty, Ille llid, ID Bcvaty would be affeclDd • well • Tufts A-.c ud the pa,tilla Mlllkl be llilldenld IMl'Cly a Bcvaty. SIie ldded tbat then they would be down to jull ...,iccl parma OIi Tufts, ID tbat would llarm their~ I· 0 • Ea&tewood City Couacll Allplt 19, 1996 ••• 0 I • • \, and what they do in trying to just do business day to day. She said they do have walk in traffic when: people need to put their ca,s and she felt that might be difficult in tcnns of having rcsidcnces. She asked when: do they put their car7 She said that is a c:oncern of theirs, in addition to a possible reduction. Mayor Bums said that he has no idea bow this kind of paving affects busincsscs like this and their parking anangcmcnts . He asked Mr. Kahm ifwc an: aware of that as these things an: designed. Mr. Kahm said wc an: and, in this particular iDIWICC regarding this property, they talked to someone on Slaff earlier and wen: concemcd about losing their parking on 8cvcrly. He explained that in this imtancc, when this building was built scvcral years ago, the property owner, in order to build on the property, was required to dedicalc twenty feet of right of way for Tufts Avenue, because our right of way was narrow and that ten feet of right of way, on the west side of the property for Bcvcrly, bccaulc 8cvcrly was only 40 feet . The understanding wc had at that point in time, he noled, was that thole dedications wen: made and that the owner could COlllinuc to use that property until such time that wc unpnMd the llreets. He said, if it weren't for the nMnC curve in this particular illltaDQc, the curb, gutter and sidewalks on Tufts would be right at the front door of the building, the parking that they have been using for years he said, which is 90 dcgRICS to the building, what they would have iDIICad is probably three to four parallcl spaces. In this illltaDCC, bccaulc of the rcvcnc curve, then: will be an island of ground that is left in front of that property and the State has propolCd a curb cut to access that IO there will llill lODIC parting in front of the building. He DOCed that, in the case of 8cvcrly, while ii is only slighdy impacted by this project because the Slate will just build returns to feed south on 8cvcrly, wc will be proposing lhal Beverly be amstructcd in prolJlbly 1998. He advised lhal wc have been waiting scvcral years for the Slate worlt to be completed 10 that wc CID finish up lhal industrial an:a and wc will be using all of that right of way. So in fact, he said, right now the parting on the west side of the building is really on City right of way . Mayor Bums said he could ICC what he was saying, that this is bclwccn the owner and the lcucc:s as far as what parting is availablc to them and what he CID provide over what period of time. Mr. Kahm said yes, that he thought there would actually be mon: parting with the S curve than then: would have been without ii, bccaulc ii is crating these DOICS, like in front of this propcny and ii creates another one as it swings south onto the Windcnncrc alignmcnt and on the northwest c::omcr ii creates a luge area that is the cxilling Tufts right of way that will be OUlsidc of this roadway, which will be available for parking as wcll. Pde Bucnzli, the property owner II 1390 West Quincy, said that like the others that have already oommenled, Ilia -.;c,.-CIIIIICCl1I is the CICIII of the project. He DOCed that he has owned the property for about 15 )all al wbcn die SlalC fin& came to them and told them they wen: going to be oonckmaing pa11 of dlcir pnipcrty for die dloroupfan: OIi NIM,jo, lie pratalcd because they wen: going 10 to. parting lll*)C. He aid dial Ila lllis--MIil -goiJta IO llappea wbcn that was cloae, wllll was going IO lulppea IO die alll of cab al paer. Mr. 8-zli advilDd that lie--. as ever,-was, that dial COIi -.... IO lie bone by die Scale. He aicl lie Ila lleanl a ,._-that that was not going to lllpllCll al lie lallled IO -. ud lie doela '1 lla\lC die -availablc II this poinl, from die City of Englewood al lie -_... apin 11111 die property owaen would 11111 lie IIIC8cd, that the Scale was going IO_. ii al MIil -·1 covcn,d WCNlld ID illlO a .-,.I . 1'llea, lie l&lled, hwo weeks qo lie naiwd a very luge ...... FOlice aed ieally lie aicl dial llllis is die finl notice lie had that he was going to be -...S 11111 -.nt. He aicl from a property ownen llUdpoiFI the C111arJC111C111 of NIM,jo was of lbmluldy eo bcacfil. He c:omDICDIOd 11111 he can '1 apeak for the other property owners but ii was a acplive for biln. that they had -raail busi-II their locllioe wbicb -of toUnC is eoacxillelll. 11111 dlcy lalt prupcny ..-c and now, to add iimall to injury, lie is looking II a ~ --1e1ac11t.. He llaled lie Wlllled IO ID oa record as prolClling Ille ecee and particularty die way it baa beell ....... IO llllis poiat. Mayor ew.. ............ IICl'c ii. comaCIII ... die SlalC ....... die Ollll.. lie .... Mr. Kabm if lie ksw w11me dial .. ciaailll rraa • if die City 11a1-. pnipe11y -dial die S1a1C wou1c1 .... I I· • Eaaiewood City Couacil Aaplt 19, 1996 ... , 0 • absorb the cost . Mr. Kahm responded that be had no idea, that from his staff's standpoint. his entire Slaff bas been actively involved in this project since 1991 so he said he is comfonablc that there has been no information out of his office that would suggest anything other than that it is an assessable district. Mayor Bums asked if he could check to sec if, at the PUC hearing, there WIS any such assurances given to these people by the State or a representative. Mr. Kahm pointed out that the PUC hearings were prior to this project being formed, to this alignment being determined and to any agRICIIICllt with the State to build this project. Mayor Bums asked what the pwposc of the PUC hearings were at the time . Mr. Kahm said the primary pwpo1C had to do with railroad &a:ICSS. Railroad aa:al WIS the big issue, he explained, and the fact that the crossings were going to be clollcd at Quincy and Tufts. Mayor Bums said that that was before this District WIS ever formed . Mr. Kahm said yes, it was years before the District was ever formed . Council Member Wiggins lllkcd Mr. Kahm whea was the finl time the FDl)cman at 1390 WCSI Quincy was notificd of the II m r natl and the lasl time? Mr. Kalun advilcd thal the District was formed in 1992 , all the owners were notificd by ccrtificd mail, it WIS published and there WIS a public hearing. He advised he keeps the cards and III be still bas a RICOld of who signed the cards. He noted that this time we passed the ordinance _. a moadl 8111, ICllt out ccrtificd lcnas apin. He advised thal out of a potential 49 -111111rnc,,a1t1t1s that went out, they had four thal were not picbd up and one that did not have a forwarding lllldRss. Council Member Wiggins said• we do have a record, that if Mr. Bucnzli would like to sec it he could sec Mr. Kahm to determine when he WIS notified or information was sent to him. Mr . Kahm said yes, thal thole fflCOl'ds are always available. Mayor Bums said be thought they were talking about the diffcrcncc ~ the formation of the district and the IIOlicc of an 111: 1 m!CClt . Mr. Kahm said yes, that they have ccrtificd lcltcrs in bodl instances. Mayor Bums lllkcd wbal kiad o( information they Fl when the ditlrict is formed? Mr. Kahm said that when the ditlrict WIS formed in this panicullr illllancc, we went an extra Etcp and had a media& at the Englewood RecrcllioD Center, Qiuacil Member Wiggins and Council Member Hathaway were there, and they invited thal cntm ~ CIOIIIIIIUDity to attend. He noted that at that time they kncw approximately what WIS IDffll to be built. thal it would be ID S CWVC. they knew the approximate alignment and they allO knew the allt becaUlc they wen: prcdctcrmincd bacd Oil the 1991 program . He CIOIIIIIIClltcd that all oCthat information was available. He said that they went back through the original cstimltcs that were put tOplhcr for each pnlpCl1y in 1992 and the -.ncnts are CIOlllpUlblc with thole numbers. Gary KCIZICldl noted for the RICOld that be is still 1W11111 in. He said thal when lhc public hcariag camc with the Highway Dcplrtmcllt there WIS an ID-lilCCWCIM and they 11\'C out tell o,as. He aid they reproduced them, that just prior to when be CIIIIC Oil City Council they had I meeliag al the Recralioa Caller and they F( all the acighborlloocl there. 1'llcll. lie 1111111d, they had I PUC llearilla IO ID allcad and take all the facts of finding from wbal the iaidenls bad IO inlroducc and wbal die Highway l>qlllt....s had IO inlroducc. At thal point in time, lie aid, there wen: liCWrll ahcnullMs thal they wcn: loakiag al and they had to come up with, by Slate law , wbal they call an implCt llllelaall. Mr. KCIZICldl cxplaincd that thal is the impact o( this project Oil the iaidenls ilMllvcd, Oil the buli-involved and the impact statement then bas to ID in front of a PUC hcariag. He llid thal during a PUC hcariag is w11cn all the legalities c:omc out • to what is requin,d by the Stale and wbal will lie clcak with tbrougllout tllc ditlrict during this upgrade. • they are calling it. down thcre oa the Santa Fe corridor. He c:onuaattcd thal • they went back along the way , and flexed a little here and there and modified their project. they wen: not rcquiffll to go back in front of the public with it But, be aid, it had to uy within a CCl1aia l'IUllificalion and that is what the PUC hcariag notes are. He lllled thal if you want lcpl hcqlc llllliftcltioa and stuff'. and who wasn 't and who was, thal we allould lalk to Lany al Meadow Gold and lie wiU tell• thal their legal hcqlcs MIii after the Hipway Depart--a becaUlc they MIii ia and __.. thcir p'Ulllld with tnlCIOII and llllff prior to CWI' eYell IIOlifyiaa thca. He advised 11111 they pul I .. OIi the project . So ii is no( all cul and dry and fancy thal die Hipway l>eputmcat U)'I all clear and dry. He aid lie will act the City I copy of the PUC hcariag 11111ea, and thll 11111 -before Mr . Kalun-inYolvcd, 11111 thal is w1111 I· ' • .,, ..... Ckyc-a ..... , .. "' .... • • die NlidelD llld die lwi 111111w: to 1M by. 'l1lll dlll ii wllll w ..-S to by die PUC, dlll dial is a ....-perniDg body to ownee it •die pqle will aat lie ....-a aepliwly 111d ......_ Mr. Kozacdt ..... dial tlley 1111w:.., ar:t lllllflMII rn. ..... dlll it ii .... die ....... ....,.. tlley aR requiJed to ID ia fnllll aldle PUC~...._ it w III c 1 ; cei!_. lllpdler. He llid lie will IIFlw: ., pnlblcm witbiD die Flexl om.ae aldne..,..., .. die capill. He ...... die Ma,ar if lie__. die capiel or iflle lllould pe dlca to Mr. Kalla. Mayar a.. FFrid lie dlda'l llFMIIW llow cxtealiYC tlley were, but lie w.ad lilre Mr. Kllla eo '-PNl lllla llecaa lie ca s a dlll lie ii llill CGlll'llled lbaut wllo .. jlrrildic:liml CME' wllll. He ... dlll Mr. )(Illa ..... die nilrald c:nllUI .... Mr. Kozacdt ii a,iltl dlll it ii ca ri I 11117 •--aldlll. Mr.~ FFrid dlll ay liae ,-.,. ........... mlleclan, .............. p ................ ..., ........ a1_. .__.,,_ ap-. dlll die &1111 HipwlrDJplrW•-to 1iw,---11am. He FFrid dlllycala'*••llle_.lille_.•jllllwlllldleylMII..._ ...... _._.._ .... ...................... ..., ... ...., ................. ....., ...... lie ..... ildleat,llllillldlelailermatCMF' ...... ..., ........... ._dle ..... ~il ............ ....., llllliditilllle_...................... .... ,-__.-.dleffie'raay~oaaaiaad11W111-.dleyW...._dlea1a11dlll .. ....., ..... _ ........... TlleyCllll90 .................. ..., ... w-. Sizzlill. or dley ca liMe ii..._ 11111 dley did a DIie,.... If llme la.._ aldle Ollt'1 Wlloleaale a-. 11e FFrid 11e Wllllldlle _.._...., eodetiwrdlell eodle a, ........,,omce. TIIIF'elllirrl• ................... ____ ,_...., .. ..,dle~ Ma,arBuru ............. .., .. dle,_uc ..... COUNCIL IIDDD WIGGINS IIOVD. AN8 ff WAI 8COlmD, TO CLOIS 1'IIE l'IJSLIC IIFdlNG ON PAVING D11'nK.T NO. JS, NAVAIO nDCK IIOUn. A,-: C.-:il ....._.......,, V. Ir 1, W--.1111 . k w....-.aw.a.. Nays: Nae .............. ~ ......... 10. c....__.. WAGGOND DIIO¥D AGalM ll'DI It (e)(I) nDII ,_ COlla:Jff MaNaA. COIJNCIL ........ IIATIIAWAY IMWD.ADrl'WAI ....... TOAIIIIOW CONIIEN'I AGDM 1n11111 (a)••_. N °" nan aua•a. (1) A...-.• ........ (ii) PlaatAII! a, A NAnaAL GAi CQNlaPIIOa PaOM NAnaAL PUPLS (X]UIQL\110N IN 11E Al«JIJNI' a, M4,115. (iii) COlffllACT Wffll UNffl!D MA11!alALI, INC. IN 11E ~ OP 167,434 POR IIOOP UPAIU AT 11E INCLPWOOO Dal!ATION C1!N1D. (1¥) COUNCIL BIU. NO. 43, DmlODUCIID BY COUNCIL ND• Bil HA111AWAY A BIU. POR AN oaDINANCB A"9IOYINO AN DfflllOCMIIWAL MP ...... Bl!TM!l!N 11E AltAPAIIOI! <XJUNl'Y IIOMD a, ocen CNIII BY AND naouaH TIE • • , • • • '· l:.l,lewwl Cily CwU ~1,,1"6 ... II ARAPAHOE COUN1Y CLERK AND RECORDER AND fHE CITY OF ENGLEWOOD TO OONDUCT A COORDINATED ELECTION ON NOVEMBER 5, 1996. Motion auriod. Ayes : Council Mcmben Hathaway, Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None (i) c.ouacil Member Wagoner aid the only question be has on this is that they all receMd a lc:Ucr in their pac:kd aiaceming wblt be -is this property. He staled be would like -indicllioo from Slaft' • 10 why we do need 10 _. that ICIClion of the City ditch and why an: we Fing tluougb with the dninap e&ICIDClll lince it is already there. City Attorney Brotzman advilcd that there an: actually two diffelalt i-. this is a cliffaalt i11uc than the City ditch illuc. He ltated the City ditch isalc is a clarificalioa from Deawr on our...,,_..., llld there may haw been some wording problems on the letter tbal went out. Mr. Brotmian DOied 1h11 when we obtained the City ditch from Dellwrthere WCR-laplCs in IIICXllded litlca totheditcll property. He aid it is not 1h11 WC don't haw a prea:riptiw ~ becalle wc haw the City dildl, but wc don't haw ra:onled cucmcnis and that is whit the Utilities ...... is Uyiag IO clean up . CauDcil Member W...-r lllbd if this is the amc illuc as the lc:Ucr they fflCffled in their pac:kd? CauDcil Member Wiggins aid the other one is wbcR the ditch p,ea acn111 the back of their property, be lllbd if 1h11 is the one they an: talking lboul? City Attorney Brotzman advilcd that that is a different piece al property. City Muapr Clalt llid 1h11 they received that letter right II the end of the day so Slaff' hasn't had a clluoe IO rally !oak II it Md rally examine ii. CauDcil Member Wigjal llid lie felt 111111 Utilities Openlion SuperiDtendenl McCormick could fill them in on this panicular leaer. Mr. Ml:Cmmick llid be would by. Mr. Wiggins explained that this -a ,-lcrne 111111 WMled ID clo .... hi. aad be -complainiDC lboul .-r getting inlO bis balemenl ID in order IO fix it WC haw IO Fl the right of WII)' for the-. CauDcil Member Voraiaal said lie ....... they only haw a~ aquan: 111111gb in 1h11 property, 4M I South Lipea. Mr. Mc:Conaick adviaed 11111 it is a dni-,c dilcll tlllt 1DC1 Ullo the City DilCII, 1h11 it is a cemeal .... He llid the ......... is raw., ... the,._ is .... .., Ullo their ...... He cxplaillOll 111111 we lllfte ID ID lllnlllp. Fl M cae.-a tllae -ao __. thcre in onlcr 10 iqiair the ....... ialo the City ditdl. CauDcil Member w...-, lllbd if..._ i.e .... My oam:iera ._ citiamy ... alltaiailla the eamaea or ~ lilic 1111117 Mr. Mc:Conaick said aot 111111 lie Im lleanl al. CGacil Member Wigjal adviaed 111111 Mr. 1.oall is the ,-1ceae '1 -ud tllll lie apokc 10 him quite oftcll. He llid Mr. 1.oall 11111 ao pnJblea II all widl • doilla it. Mr. McConlict llid ... al the property is OIi the ---·· property OIi the north aad tllll be doelll 'I lurYC Ill)' pnJblea widl it eitller. COUNCO. MIMHR WACCONIR MOVED, AND IT WAS Sl:CONDID, TO APPROVE AGINDA ITIM II (a) (I). COUNCO. aOL NO. ,2. COUNCR. Blll. NO. '2, IN'J1lODUCl!D BY COUNCIL MEMBER WAOOONER ... • , -------~---------------;· • Ea&lewood City C1111acil Aal!llt 19, 1996 ... 12 0 • A BILL FOR AN ORDINANCE APPROVING A GRANT OF STORM SEWER LINE AND SURF ACE DRAINAGE EASEMENT LOCATED AT 4841 SOlITH LIPAN STREET, ENGLEWOOD, COLORADO BETWEEN CRAIG HINRICHS AND 11ffi CITY OF ENGLEWOOD, COLORADO . Council Member Vonnittag asked bow they built it in the first place if they didn 'I have the right the first time? City Attorney Bl'Olzlllall explained that they probably had the right, but the issue is wbdhcr WC have a recorded title to that piece of property or not. Council Member Vonnittag questioned whdbcr that is just rain Mia. Mr. McCormick said it is . Mr. Vonnittag uked if that is piing into the City ditch . He -told that it does. Motion carried. Ayes: c.ouncil Members Hadlnay, Vonnittag. Wiggins, Habenicht, Wagoner, Clapp, Buras Nays: None (b) AppruYe OIi Second Reading There were DO additional items lllbmiued for approval CNI IClllDDII reading. (Sec Agenda Item 11 (b) - Ordinances, Resolutions and Motions.) II. Onliauca,Rml tiealaMMGtioaa (a) Approve on First Reading (i) Deputy Director or-praeated a ,......,......,iCNI from the Dcputment ol Safety ScrviClcs to adopt a bill for an ordinance approving an agrecmcal with the Colorado Humane Society for animal housing ICrVKlCI ll the Englewood Animal Shelter. He advilcd that this agreement -originally approwd in I 991, it -a me ycu qreemea1, wbic:b expired in May of this ycu. Since that time, he noted, WC have been CNI a .... to IDOlldl .... with Colorado Humane . He said Ibey did quite a bit o{ reaeardi on this ud CIOIICluded 111111 the bell liblllion for Englewood II this time is to rdain the lelVicel o{ Colorado HIIIUIIC. As oppoead to a me ycu agreeaenl. he advilcd thal Ibey arc recommcwting a two ycu agrecmcal. He said 111111 caealially the ODIi will be approximatdy $34,000 a ycu, wbic:b is up approximaldy SS,000 from the l)RYious apeclllClll wc 111d wbic:b bad been 8lljullCd CN1 a ycu to ycu basis balCld CNI the CPI. Council Member Hathaway aJIIIIIIClllcd that with all the vcntilalion and ~ng that WC put in, that there -to be a bcltcr womng rdalionsbip bdweea m ud tbcm . She IIIUd if it is bcltcr. Mr. or- lllled thal wc llill have a good working rdatioasbip, lhat the air llllldling syltCm -requiffld. that it -necem,y. He explained that cucntially wbal happened, earlier this ycu, -that Colorado Humane fdt that becalllc we put the air handling ll)'ltCm in lhll it raiaad their ulility ODlll subllantially. So, he said, earlier this ycu Ibey bad uked for a fairly PPllla1e«ial inclalc. He advilcd 1h11 he -Ible to defer that. CIIClllially, to this point when he and City Attorney Brotzman ncgoeillcd an qrecment with them and brougbl ii back down IO what WC thought -8 -r--* requeal. Mr. 0,-, adviled tbll WC have a good working rdationship with Colorado Humane, that it can always be bcltcr. He said this is why Ibey arc going with a two year agRICIIIClll, to if other options a,mc up wc will be Ible 10 advalllqe of them. Council Member Wqgoncr uked if we arc the only CN1C1 in thcrc -or if other cities arc llill in thcrc? Mr . or-adviled that the qrecment a11ows tbcm to have other c:liau. lhll Sllcridan brings uimals ..... I . • ....._ ... City c .... ...... , .. "' l'aael3 .. • ... down tlleR .... Cbeny Hills .... Anpuoc CGlmly ~ bring animals down. ~. be noted, thlt 'M an: priaarily the main .., oC 111111 flcility II tbis point. c.ouncil Member Wagaaer ukcd if the Olben haff similar .,.OCIIICIIIS? Mr. OIDl lllled 111111 • far• be "-'M an: the oaly ones that haw a true wriltell agrccmcot like tbis. He aid be tbought die otben haff be all --1, dull they haff -r 1bown him uy other wriltCII iiiiermcall witb Sberidu or otben. He DOied dull they an: waiting to get tbis coaduded before they wenl liadt IO aeptille widl die other qeaciel tllll deal wida them. Council Member w...,_.. ukcd if'M an: ll!Nidizi91 the wllolc COil? Mr. OIDI adviled lhll 'Man: aot Mllidizing the wllolc COil, thlt whal 'M ll'C pillg IO be paying 111ft is approximllcly lea than half of what the moadlly openling CDlll arc dull they paaealed IO•· He poialOd • thlt Colorado Humuc: walks tipificMtly on COalJilluliolll wl m forth IO bep tllcir r-lllellr:l's l9Dlliq. dlil oae wl the other oae CN1 Solllla Sallla Fe. So, be aid, 'M an: aot eebeidiziag 100% die apenllioll tlleR. Council Member Hathaway -*cd if tbis is IIIOle or lea wben coapaNd ID the COil o( • pn,vidiDg the llall' Md~ tlill we Uled IO provide llcilR? Mr. <>lam IIIMIDd dull they rally~ the City taking OYel' the wllolc flc:ility apin. 1'bll OIICC they rally looked inlo they reali7.ed 1h11 blsic:ally we -.Id haff IO haff a ~ oCr-to four people. in additioa IO whal 'M haff in aainw COlllnll llall' right-. to ND the sbellCr. He lllled dull it is an apenllioll o(lbout 46 boun a week and wllea M did it 011CC before 'M bad eigbl people 1h11 did aodliJla but lllimal COIIIIOI, appn,ximaldy six, IIIMII years a,o. He aid that they found tbis right -to be die bcacr litullioll for us. 1h11 it could a1ways dianF wt we will always keep our opliom opm. but tbis is tipificudy cllelper than • trying to provide tlill lel'Vicle down tlleR. He pointed • tlllll we will llill pnwide animal a>otrol in the City, that 1h11 is llill our rapomibility, that tbis is just for opcnlions II the shelter illelf. Council Member Habcnicbl -*cd if they bep track oC a,mments wl or complainls about bow the sbelacr is ND. And, lbe cplCllioned. if there haff been U)'. Mr. QI-. adviled tlllll they do Md tlleR haff been 101De in the ._ few IDOlllhs. He aid when die wont MIil out, tlill we MR paaibly loakiq for aaotber operator down there, thll be ftlCCived IWI)' IOliciled ud 1!NOlic:itod mmpleint• from people lcx:ally wl -o(the City aepnliq various coacenll. Mr. <>lam aid IMl dley looked II all oCta-811d addr-s them llpOCifically wilh the Colorado Humuc: Socidy. He aid tlleR is 10111C -.liag in the a,n,ement 1h11 alluM • to put a little bit tiptcr CIIIIIJal • tllcir apenliaa doMt dlae. Some oC their coacems is tlllll tbey haff a lliglt 111111 OYel' in llat( but M Uy widl -pcoplc IO aake 11ft 'M haff a pod liailoa wilh them and thll lhiagl arc MIiking appraprialely doMt dlae. He C1I C d tlill be -.Id II)' 1h11 -do aot haff a lipificlal ...aier oC complaiw IMl dlae-a few, a lllladftd. The City Clcdt Ml..._ to lead CouDcil BiU No. 41 by tide : COUNCll.. BILL NO. 41, INTRODUCED BY COUNCll.. MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING AN AGREEME!ff WITH 11IE COLORADO HUMANE SOCIETY AND 11IE CITY OF ENGLEWOOD POR 11IE LEASE OF 11IE ENGLEWOOD ANIMAL SHEL11Dl COUNCll. M&Mall:R WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rn:M 11 (a) (I)· COUNCll. allL NO. 41. Molioa caniod. Ayeo: Coum:il Memllerl Hathaway, Vormiscag. Wigial. Habeaiclil. w...-,, Clapp, Burm Nayo : HOM (ii) OpcnliOIII DivillOD Cllid Moole ,..... a NC a 1 cm fn,a die Departacal o( Safely Scmca to adapl • bill far -.ai-:e far die adaplioll o( die lffl --- . . .. • • • • f.•ir iltf!ll 11 Jfil 1111•111s1· t'~ll' 1 1111111 l'llllffl !ff f I , -t· • ··i ,r 1,1 i Ir .1 1.1 1,1 1 :J 1ar ir ,' Ei a., ~l L~ d~JtL ~! ln ! ~~! ti irUI dJI ~~hnu ·t Iii !lii!ll ii .iii II 1·1wi!!J Jiiil 1lli 1li ljlflfl! II; flil}ii 1r ii! ! 1,i 1ll 1i1if 1~11J. 11lrl~J1 11-11 1 t1 1l~i•,1• i 111 !111i1 1'1111111, !11~! ifl'1 l!tt~ . t f... . I I. ·1· · . I I JI Ir ••. if 1 • ! . -t R' ~ HU , r a I ju ! r'i Ht~.. 1:,~1 u,r tJ,~1if1 il'(1 •1,,I !11:ii 1 ,~fltl ,-111 -, ~1l ~ · •r ol ,~r,'1 •11 JI ! rt• ! •t•1 'i1i'I t1li 1f;1'1it .t I•· i;; :: I ~ 11 . i •. r ~ a. ~ 1 a. J . r ~fl 1Jf1,·l1 t' l''t J !11J!, J!1i1. 1111= 1111!~111 JI( J~ J . I a J 1 ll·11 iJ1: irlJlf -1~lfl·'- 1, ,iJ11 ! ii ! ,, 1 : ll 'J ,t~i if • r I . ~ ... . . --------------------------i.----------------------------- • Ea&lewood City CCN111Cil A•plt 19, 1996 Pqe15 0 • city. He explained that the Model Traffic Code doesn't rdcrencc the traffic engineer, it references having to pus an ordinance for virtually any kind ol a modificalion. The various amendments that appear throughout here, and he said there arc probably a dozen ol them where they refer to the traffic engineer. bypasses the need for Council to review many ol tbcsc i-. He noted that the traffic engineer can simply examine the issue and make a rccommcndation and it can be adop«cd by virtue of that. Council Member Habenicht said she thinks that that was what she was sort of questioning. She commenced that her conccm is that -ol tbclc things ICCIII to be like planning and 1.0lling kinds of i-. i-that arc maybe being lludicld with the Broadway c:orridor study and things like that.. and if there couldn't be some conOict there with oac pcrDI having the authority to do things. She said she is wondering if there is -patenlial conOict here. City Altomcy Bnluman acknowledged that there bas to be an illlerplay from Public Wens and Planning and 1.oning and that is why you hftc the interaction bet-. thole two dqlutmcals and traffic ltudics to do thole things. He said obviously those two clcpartmcnlS can't wort without each other. City Manager Cwt OOIIIIIICllled that the intent here is wi-a final decision is made, an example being what wc went through a few months ago OD the flashing lights issue. Someone has to make a decision and they did and ol a,unc the Council rcacna the right to chan,c their mind under this new section as to what traffic engineering principals arc going to be IIICld with rcprd to a given tnfric sihlllion. Council Member Habenicht said she gucues she was aJIICCfflCd about. for instance, designate through stJllCIS or roadways and COllbol cmrances . Apin, sllc said, you talk about there being an inlcrplay bet-. the Public Wons. but she didn't hear an inlerplay bctMcn Planning and 1.oning or the Planning and 1.oning Commission and the Comprchcnsivc Plan and things like that where those kinds ol things arc discuacd. She said she thought there was another 011C Cltlblishing weight loads and she said it 1CC111S to her that the Cltlblishing ol different anerials and the like -Wider the jurildiction ol the Planning and 1.oning function which has a lot ol public input built into it. She said she is a little bit a>nccrned that wc arc maybe taking away some of the citil.ens rights. Mayor Bums aKlllllClllcd that a traffic engineer, in his cxpcricnce, is a ~ normal thing to hftc, wc need to hftc a traffic engineer. He said they IICI up the signs and if you hftc to pn:scnt cvidcncc in CXJWt, as to the proper imtallalion ol a sign or a CODlJol clevicc, you hftc to hftc the traffic engineer as your witness. The Diffdor of Public Wens and Traffic Engineer Ellerly said this is pmty much the 11C1 up that exists in the City right DOW, it is not a chan,c. He said the ditraalcc is that die previous code that we bad adop«cd included many ol tbclc things in it and they DO lonF' include it. Abo, lie DOied. this m DOW orpaiud all ol tbcsc into OIIC localion, that -of thac appand in le\'elal localioM. Mr. Ellerly poialcd out that the alternative to thac is that they QODIC bllck to Council and they arc u ordinaDClc and they hftc to go through • fint reading. • ICCOlld reading and that includes thiJlp likc clesipalitlg • ltop sip. He stated that if Council wants to hftc every ltOp sign brought to them K CU do that.. Mr. Ellerly noted they hftc permits right DOW for parades, they clOIC ltnlds and they do that in a maner ol two or thnic days interacting with the ICbools . If the traffic engineer doesa 't hftc that power then K hftc to come forward with u ordiuncc, hftc it appnMld and go into effect thcll K arc talking about two, two and a half months to approyc IOllldhing as simple as a block puty or a lCbool puadc. So, he said, this facilitala bow quickly wc can rcapond to requeltl by citil.ens. He noted that -of thac itcma arc allowing contracton to block a sidewalk or parting lane to llOrc IIIIIICrials. And, he axnmcnted, that from time to time wc go out there and wc arc banaing them about they don't hftc c-ah barricades or flashing lights or things like that, they hftc the authority to do that and they iauc permits for those types of activities. Director Eltclly pointed out that the whole purpl* lien: is to lllaUlllillC the procell. Council Member Clapp said that she noticed OD page five. number tweM. it addraaes lpeed limits for alleys and this is u amendment.. She questioned wlledlcr wc cumntly enforce lpeed limits In the alleys . ..... I· ---------------------------. • Eaaleweod City Cwacll A.....-19,1"6 .... , '· • • City Anomey Brotzman explained lhll cuncnlly the alleys arc designlled • a l'Olldway ., the apeed limit in an alley ript -is 30 miles an hour. Council Member Vormiaq said wait a miautc, that oa Broadway theR is a sign lhll ays alleys arc fifteen miles an hour. Mr. BRIIZIIIU said ualca they arc pollCd Cllherwi9e . He said changing this 10 fifteen i1 a lot less expensive than putting a sign in ~ alley making it fifteen. DivisiOII Chief Moore DOied lhll aclUally Ille apeed limit in an alley can vuy dqlc::nding oa wbelher the alley is in a iaidenlial ditUict or a~ dulrict or wbelher it i1 signed scpanldy . He stated this will llllke it more uniform . Tbe City Clerk -lllled to lad Couacil Bill No . 34 by title: COUNCll.. BILL NO. 34, DffllOOUCED BY COUNCll.. MEMBER HATIIA WAY A BILL FOR AN ORDINANCE MODIFYING 11IE REGULATION OF nAmC lHROUGH 11IE REPEAL OF 1'111.E 11, CHAPTER I, SECTIONS I lHROUOH 20, AND REENAC'IMENT OF A NEW CHAPTER I, ADOPTING BY llEFERENCE 11IE "MODEL nAmC CODE FOR COLORADO MUNICIPALITIES", REVISED 1995 EDITION, EXC.UDING 11IE APPENDIX, PUBLISHED BY 111E COLORADO DEPARTMENT OF TRANSPORTATION OF 11IE STATE OF COLORADO WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS . COUNCIL MEMaltR HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ll) -COUNCIL alLL NO. 34. Motion carried. Ayes: Council Members Halbaway, Vormittag. Wiggins, Habenicht, Wauoncr, Clapp, Bums Nays : None (b) Appn,YC OIi Secoad Reading COUNCIL MltMaER HATHAWAY MOVED, AND IT WAS SICONDED, TO APPROVE ON SICOND ll&ADING AGENDA ITEM II (II) (I)_, (II) ON SICOND ll&ADING. (i) ORDINANCE NO. 34, SERIES OF 1996 (COUNCll.. BILL NO. 37, JNJ1l0DUCED BY COUNCll.. MEMBER HATIIAWA Y) AN ORDINANCE AU11IOIUZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF SHERIDAN, COLORADO AND 11IE CITY OF ENOU!WOOD, COLORADO PERTAININCi TO 11IE OVERLAY OF SOlTl1I Cl.A Y S11lEET . (ii) ORDINANCE NO . 35, SERIES OF 1996 (COUNCll.. BILL NO. 39, JNJ1l0DUCED BY COUNCll.. MEMBER HATIIA WAY) AN ORDINANCE AlTIHOIUZINO 11IE PURCHASE OF A FARMSJTE FOR 11IE BENEFICIAL USE OF 11IE LITILETONIENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROORAM. Ayes: Nays : Couacil Meaberl Hallulway, Vonaialtg. WigiM. H1be11ic11t, w...,..., Clapp. Bums None . . .. • • -~ (.,J N X 0 rr~;J _a:1~ J~lf~1·1r~~ &!J.~ ifi(II~ l!l''(Jll~ ~ i ·111-fr 1, a.1 , I I i a. 1 1 . I ( -a~ ,1.i 11!rff i :r 1.i~s1f,·I _If 11i1 11 1 fiil1 ,j1iif; i 1.g.K1f1:·1r"" =·1 If if if .Sf•ir f . __ a. -l1t: ?1 111 i. 1 i &· l 1 Ii II r =: i 111 s 1 . . ii , ii j " • .1-ir ;;· ii i I e· is · ... l i I I a. I . f i f j . .. 11 i I !. i ! ! I ~ . s i ! . I 8 i i iJ I ,1Jril,l~if Ir, liiiJI 1' i1! l!1lfl!~ iflllllili ,., ' t9ll I. • J iti::;;· f. .. · , fl s :. r~ J '1g=ita s I 1, Ii! ir r !J I. j. ~ 11 f :: · 1 fl f i ! 11 f •.J I r ! 1· 1 •~~I i I rt· 11 a· I : J: I:: r I· If .; , ' 1 a.rt. J 111-, ! I~ .. , , • 1 ~', .t' 1 · I 11 , · . I' I , !: ~ r: Jr r ·a.· i ii t I l. i '=I, i ! ~-r 1r I. t Ii .. ! ! !f i. I 't If 1, 1 ! f .@: i I Ji I I 5 f. ( i: J I J r ' f i J . . I a. • 81 ~ I s -· i r . r ... a ' I ! iiJ~s{i r~!. i,~ 1 I iliJ•ii f fJ - -.. , • !{f ... S-l -n !5 l r ,• I . ' ~ . 7 -----------~---------------··----------------------,,------------ • l.a&lewood City Couac:11 Allplt 19, 1996 Paaell 0 • DOlicc on her door, for just one branch. He said the branch couldn 't have been more than six feel long. that it was just a dead part of the huge tree there. He Slalcd that he is not really after that particular branch, that he is basically after a complclely dead IRIC . He pointed out that wc have enough to worry about, worrying about the dead trccs throughout the City, and he would like to get them all marted and tagged so this way the arborists can wort on them during the winter when the weather is Dia:. Mr. Vonniuag opined that it may be c:old, but as long as it isn't snowing they can still cut those trees down. He asked City Manager Clartt to relay that. 2. He Slalcd that the weeds at Santa Fe and Dartmouth are ready for harvest, that it is on the railroad side. Council Member Hathaway said it is on both and in the medians too, that it is all over. Council Member Vonnittag said they kind al clean the medians up. Ms. Hathaway noted they are back up . Mr. Vonniuag axnmeaaed lhat on the railroad lidc tllOlc weeds are at least six or IIIMII feel tall, that they are just huge. 3. He pointed out lhat the weeds al 4800 Grant are ,etting really big. that they are over two to three feel long. Also, he advised City Managcr Clark, thal they did -wort on the driveway in the sum thcre and it has been for at least the last two months and they llill have the stakes in the sum where they had that board there and brought the c:oocrccc in. They have ncver lakcn them oul and Mr. Vormiuag said be feels it is just a hazard that has been there forever, that the cones are gone and just the stakes and wood is still there. He noted the wood is on the driveway too. Mayor Bums CXIIIUIIClltCd that he thought Jcny Ncstlcr had a purchaser for that house. Council Member Hathaway said he sent Council a memo about that not too long ago. Mayor Bums said that was the chicken ranch. Ms. Hathaway thought he had also sent one regarding this, which talked aboul some kind o(dclay. Council Member Vonnittag said they had an open boUlc and be said that Sunday he had sold it or goc a a,ntnlCI or whalevcr. But. be noted. he hasn't ICCII anything about it, but the weeds are now clollc to two to three feel high and tllOlc boards Med to come out afthcre. 4 . He said he is curious about wbeR wc are wilh Home Lumbcr. City Managcr Clartt advilcd that wc goc an updale on the appraisal and then they were going to brief Couacil on that, actually the Monday following the fire, and decided not to until WC could updalc the appraisal. He said he will lChedulc an updale. Council Member Hathaway l&atcd thcre are a a,uple al ileall, thal thcrc looks like thcre is an abandoned whiclc toward the north end al lhat pn,perty and there is also a llled-like llnlCblR lhat is on the north end lhat -not part al the fire . SIii: said sbc Iba 't "-if lhat is part al die boUlc lhat is in bcliilld or andhing. Bui sbc said, it looks like thcre ue two tllUlp on dial pnipeny dial aipl be part al pnipeny that just aren 't being dealt wilh riglll -. SIie con:mected dial SIIO 's. die ftorill place next door, mowd out sillllC and now you can aec CYCIYlllial in the back olthe lat, there is a car back in dim:. Council Member Wigins said dial is part al Home Lumber. Council Mallkw Hadlaway said yea. bul who docs the car bcloag to. Council Mellber Vormiuag asked if it is a FOd car or a'*"" car. Ms. Hadlaway adviled it is DOI burnt, bul it Iba 'I la like it is i• IUIIIIUII onler. Council Mellber Wigias noted lhat it is part al Home l...umbcrs. dial it is llill their property. Council Member Halhnay said lhat enforcement IIClion miglll be .-ry. Council Member Vonniltag asked City Managcr Clark ifbe-W ay dial tbc price is a.iJ11 dowujust bccallC it is buned up. Mayor Buns llbd ifdlis is EJleallM S--allerial . City Maaitpt-Clark said ii is. lhat the appraisal report is lime, dial lie ....... it -.. to llis office but lie llas DOI loobd al it. He noted lhat WUI be can lllue witll Couacil is dial M didll'I wiae die lllllCbllel dial ..:ta in die I· • Eapwood City Council Allaut 19, 1996 •-.1, 0 • t• original appraisal anyway, we had a higher value on the land. He said they will give Council a briefing next time. (ii) Council Member Waggoner said in trying to pt rally for -cl the development at Cinderella City, that be thought they need to get Clarion's traffic people to lake a look at 101DC cl the trip generation informalion or to review trip generation informalion and the amount cl traffic that is going to be on the lltrCda. 1bat they should try to get for Council a list or grouping cl -cl the restrictions that Council should be looking at. He llaled that be can think cl IC\'Cral, that be k--, the Highway Department bas n:slrictions on how close to an inten:hange or ramp area an intencctioo can be, just things like that. He opined that Council should be aware cl any openllional problems that might be CIIIIICld by WNR a aRd might ID or WNR an intcncction might be placed. He said it -to him that C-ouncil ncods to take a look ll -dclip mmtnillll. that be ~ that the Highway Dcpanment bas grades that they Slick by and they med to ~ if we: BR FUii to Mft any effect aa die railroads or light rail . He said be ~ they have -n,quilaDeala. Mr. Wagoaer said lie jull thinks they med to have -.ebody pt llarted oa thollC IO that w1-111111Cbody comcs iD and says llcrc is a plan or llcrc is a OOIKlCpl. that Council can take a look at it and Ill)' wc:11 duel it lllllldl thcle COllllraints or these traffic problems. bas it addraad all cl thcac problems. He a,mmented that it -lilu: that that would be a pan cl their Phase 2 program anyway, getting raidy for the PUD or the Planned Development. City Manager Clarlt advised that that is a part of their Phase 2 and after wc talked this afternoon they talked and basically what is trying to be determined now is the internal ciraalalion on the site and where would be the pollible locatioos that it aJUld tie in with Hampden, Girard and Elati and places like that. He said that is part cl the Phase 2 scope . C-ouncil Member Wagoaer a,mmeated that it IIICIIIS lilu: wc med to know IOIIIC of thollC aJIIStraints ahead cl time before we: .. dial far. He said tbcre aR quilC a few oftbem out there that might affect us in trying to decide wllll die bell plM or thc bell traffic pattcm might be . (iii) Council Member Habalichl adviled that she met with the Englewood Parade Allllcillion ... week Md they llave aac up with a neaa theme for this year's Englewood boliday parade. She said she ewa dloupl it -...... by Tom Munds, MIO llappcaod to be CXMring the mcding. that there --dilawioa ud everybody liked it. -"Galls to Gold ." Ms. Habenicht 8IIDOIIIIQCd that Allllin Gomes. MIO is die Cllairman of that, llad wrified that iDdacd there bad been a positive raponse in that the pad -.'lllal h the pandc will be Amy Van Dykcn. She said everybody is very excited about that. Mayor Bums adviled that lie .,. to -........ week ud she wrified that that bas been Cllllfinncd. He pointed OUl that we: 111d talied lbcllal llavill& a pl' I nlliN far 1-111111 we: will jull delay it lllllil the parade and preaent it ll thc-time. He aoted dial 111c is trawling a lat riglll -• you might cxpcict . Council Member Hlbeaiclll llatod ii is very CJICitilla. SIie said • would like to exploR with Council thc poaibility of doing -IOl1 of hoaonly citi?CNhip. Cow:il Member HadUlway DOied dial WC: did IOllldhing similar to that w1-Bev Dooliale win town. dial it wa'I exactly a key to die City but ii was like honorary for a day, ud she IIIIIC*'d wc migbl check Md aee . Ml. Habeaicbl said ii migbl be a ND thing to do. She DOied she doela 't ~ if ii would be appn,prillc. but 111c would jull lilic to throw ii out for COlllidcration. that they mighl offer -IOl1 of lifetla mcmbenhip in our recratioa. Di9CUllioa CIIIUCd. (iv) Council Member W ..... CIOCF:SSd dial it 1111 beell qailc a flw Elllldls since we: loll thc ladilll OUl of die Plua. He said lie re t cred dial ll dial liac a ...... lllldc a praealllion to Council dial said lie would be ..-c dlu....., ID pal -of llis ..._ CMr tllere OIi a lallal Nlis or dllc¥Cr jull lO lie Ollllld lllow dice off. He aalfll dial ll 11111 liac WC: MR llllking lboul ...... •. I· l:aakwood City CouacU Allpa 19, 1996 PqelO '· ,.. • • ID lrt iD tbe put program IDd trying to pl -.._. there to let ll1illl mow their mils OI' wbaleYer. He aid be is aot SIR who they alliped llllt to or wlllt bappmed to it. bat dlll it jua --to baft fallen by tbe wayside. Council Member Harbaway Slid she llloapt it might cveabally ID to tbe Culbnl A111 Owmillion Council Member w...-llid pniblbly, bat be ...-a dlll they._. let diem tmw dlll t11at is IOmdbiag they Wllll them to look a or pl ,......,,iag lllrlillll uyway ..a pl -..... 1*::k iD tbe park. Ma,ar Burm I dlll lie.._... dley ....a an art ia lie sat pnipaa ah,_....,_ Couacil Member W...-, llid dlll WIIID paial --or ID-Iii· lib dlll ' Ma,ar Burm pai.-1 out dlll we do me• an taan iD lie Ciadlrella City c:mlncl, public an. Council Member w...-lllid we dD ~ 111 p1 ....cbiag-* •dial,.._..._. tlllft. 13. City Maaaaer"• ..... City MaM,er Clark did DOt haw 1DJ 1111111n 1111 briq bdn Council. 14. City Aaene7'• ..... City Attonley BIOIDDID did aot haw aay 1111111n to bring bebe Council. 15. Mjeanamt ' ' .. • I I• • I • . ' • AGENDA FOR TiiE REGCJIAR MEETING OF TiiE ENGLEWOOD CITY COUNCIL AUGUST 19, 1996 7:30P.M. 1. CaU to order. '7 :?t ~ 2. Invocation. W 'j~ 3. Pledge of Allegiance. ~ 4. RoUCaU. 7 ~ 5. Minutes. (UJLU/ ~ -~/ __ . a). Minutes froQ1 the August 5, 1996, Regular Oty Council Meeting. lld7;-~ ua ~-"TT"' <tfr.n.«J: ()~u,,r~J . ~ ~ I .11 I b) Minutes ~'the August 12, 1996, Special Oty Council Meeting. Nt:th1A>. "Tr" ,,-v-(MS/:f,I) :f()Ut/!7M.) ... -._iJ • 6. Pre-Scheduled Visitors. (Please 1m1t )'OUr f)l'elentation to ten minutes.) a) Ms. Karen Fq,d from the Englewood JB}'Q!es will present the Proceeds from the Dunk Tank at the Fourth of July FamJJy Festival and Fireworks. 7. Non-Scheduled Visitors. (Please limJt your Presentation to five minutes.) ff 8. Communications, Proclamations, and Appoinbnents . . . • Oty Council Agenda August 16, 1993 Page2 <. . , . • ,,. 10. Consent Agenda. . W/t6{,oJJU.fliLU:-O /OtJ...1 F~M &AJ.se/Jr 11$MIJA a) Approve on first reading. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving a storm sewer line and surface drainage easement at 4841 South Upan Street. Stall Soan:e . ' n-J?-o J.lttt1:J,~. ~,li.4/r ~ 7r · ·-----ilW~~{cftftbucWorksto 11. approve, by motion, the purchase of a Natural Gas Compressor. Staff recommends awarding the bid to the lowest technicaly acceptable bidder, Natural Fuels Corporation, in the amount of $44,985. Stall Source: Charles Esterly, Director Publlc Worb. Recommendation from the Department of Public Works to approve, by motion, the repair of the roof at the Englewood Recreation Center. Staff recommends awarding the bid to the lowest acceptable bidder, United Materials, Inc., In the amount of $67,434. Stall Source: a.tea Eatedy, DIRcta al Pmllc: WOlb. Iv) Recommendation from the Elec:tion Commission to approve a bill for an ordinance approving an intergovernment agreement with Arapahoe County for the November 5, 1996, coordinated election. Stall Source: Lou Ella, City C1en. b) Approve on second reading. Ordinan~esolutions, and Motions. ') a) Approve on first reading. Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the Animal Shelter Agreement Stair Source: ••• ~'81 S...., Senlcea ~t~·i2~WntT,-PL ~ Recommendalion from the 0epertment of Safety Services to adopt a blD for an ordNnce amending the Model Traffic Code . ... ~~~~~~-~ • '·32 .. ' City CoandJ Agenda Aagut 16, 1993 Page3 ·, <. • • Approve on second reading. · 'HdllfflJA' ~~~II /J,' "I-ii · · If-~eo.1hdl Bil No. 37,/epprovlng an lntergoyemmental Agreement with the Oty of Sheridan for paving Oay Street near the Englewood 1'\Jnldpal Oolf Course, U) Councl BIi No. 39 concerning the purchase of a fannslte for benefidal use of the Litdetorv'Engle Wastewater Treatment Plant Biasolids Management Program. 12. Cieneral Discussion. 13. Mayor's Cl,oice. 14. Council Members' Cl,oice. 15. Oty Manager's Report. 16. Oty Alt.omey's Report. Mjoo~9!~~ The~ =i transmitted to Councl: Housing Authority mhJtes of June 26, 1996. Public Ubrary Board mnJ1l!s of July 9, 1996. Planning and Zoning Commlaion rnnites of July 16, 1996. ' ' , . .. • l. Call to Order • • (. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seuioa Aucust 5, 1996 ; .. The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7 :38 p.m. 2. Invocation 1be invocation was given by Council Member Wiggins. 3. Pled,:e of AlleJ:iance 1be Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present : Absenr : A quorum was present . Also present : S. Mi.ta Council Members Hathaway, Clapp. Wiggins. Habenicht. Vonniuag. Waggoner. Bums None City Manager Clarlt City Attorney Brotzman Assistant to the City Manager Grace City Clerlt Ellis Engineering Manager Kahm Manager of Neighborhood and Biili-lle,ielapaw Si111p1D11 Din:aor Black. Paru and Rccratioa Din:aor Gryglcwicz. Financial Scrvica (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO Al'PltOVE THE MINUTES OF THE REGULAR MEETING Of ,IIJLY 15, 1"'- Ayes : Council Membcn Hathaway, Vomunaa, Wigins. Habcaidit. a.. Nays : None Mocioo carried . Abst.lin : Council Mcmbcn Wagoner. Clapp Council Member Waggoner CA-plained that he abslaincd from the wte • he was lblenr fnlm 11111 mei:tiag. Allhough he read the minutes. he said he did not feel that he "-Jc! wte. Council Member Clapp lllted lhat she abslaincd for the same reason . 6 . Selledided Vllllton ... I . • • • • • En&tewood City Council Aui,ist 5, 1996 Pa&e2 (a) Mayor Burns advised that Karen Floyd. from the Englewood Jaycees. has rescheduled her presentation to the August I '.I. I '.I% Council meeting. (b) Emily Clarlt. 3340 South Ogden Street. said that she wanted to present a proposal to Council. She told Council that she is going into 6d' grade and will be attending Flood Middle ScbooL Last year, she noted. she attended Charles Hay Elementary School and she and her friends would ao to a nearby deli after school sometimes. Ms . Clark said she noticed that there is no place like that around Flood, so she came up with the idea that maybe a malt shop would be beneficial to have for kids to hang around after school. do homework. lisaen to a jukebox and also to Slay out of trouble. She commented that she has kepi her eye open and noticed that in the small shopcttc across Kenyon A venue fl'Om Flood, facing Broadway. there is a space for rent. Ms. Clarlt Slated that she hoped Council would consider this proposal because she thought it would be a fun way for kids to Slay out oC trouble. 7. Noa-tldleduled Viliton (a) Alejandro Rmnif'C7_ 4470 South Bannock Street. Slated he has serious problems with a neighbor in the nc.xt house. thal he has tried many ways but docs not know what can be done to SIOp these people. Mr. Ramirez maintained that the Police Dcpanmcnt discriminates againsa him. they do nothing. that they uy to arrest him . He said he tried to speak to the Mayor three or four times. that thc police came and stopped him and he c:111 ·t speak with the Mayor. Mr. Ramirez Slated he docs not know what be caa do to SIOp these people and they call the police and they tried to attac:k him three or four times and wbco he called the police no one came. He repeated that he docs not know what he can do . Mayor Bums Slated that th~· can look into this through the Police Depanmcnt. their reports. as to what is happening at his residence. (b) Stan Lange. 3535 South Clarkson Street. advised that he is the Markaing Direclar for Englewood Focusing on Tomorrow (EFOn. Howc\-cr. be poinled out. be is not repcamliDg EFOT tonigbl. but tbal he felt that might give Council some insight to bis per-1 views wbic:11 is wllal lie wanted to cxpras to Council tonight . He said he Im scvcral points o( concan repnlilla toeiPl'I W1C • whelher or nol 10 acx:ep1 Clarion ·s report . Mr. Lanae cxplaillCIII dial be is uaccrtaia as to wbedlcr 11111 means dial Council is voting to acx:epl the n:pon to allow them lo mcwe on. to allow Couaci1 to pay tar their services or whether or not it is actually voting on whether or not to acx:ep1 thc recommendlliom thcy have made. He commented that he is co1iccrncd about several things in that light. f"llll. be noted. Clarion 's recommendations are ge:m:d toward 400.000 square feet of retail elllCltaiamcnt because our dcYelopmcal plans have been based 011 that all along. He said he believes the iesults o( the public iDpal forums show that this is not entirely what lhe people walll. Mr. Lange aatetl he thinks any feasibility studies done should address the pcop1c ·s wishes and not the 400,000 square foac coacep1. He said dais would include the light rail saation. a hotd. cultural ans cca1cr. briqiaa back Little Dry Creek duap the site. public gathering places a nd filling in lhe rest with shops. raaaurants and CDIClllinmcnt. Mr. Lange said he wanted 10 quote pan or a11 anielc from the Denver Poll dlled July ,,., quotiq one o(the senior vice presidents of Miller Dcvclopmenl. Warrc11 Buettner. who 11)'1 that a ·power failure. a dediac in power centers where category killers congregate. will fuel a n:tum to basics. Over the next few yan there will be a Slability in neigllborhoods with grocery anchoRld cenlcrl. • Mr. Lange said he wuuld bape thal Mr. Buettner has been talkmg 10 Counc il along with Skip Miller. He Did he tbinks thal allCl'IIIIIM methods or development and financing might be C.'lplorcd. Second. he DOied. thal II lbc July u,• Couaci1 lludy session. Clario11 presented 1heir recommendations and thole pn:ICIII asked quesliom IO clarify the recommendations. but there was no true discussion by Council on the inaner. He said the matter bas not been polled on a ny study scssiot1 agenda since a11d that he believes thal an informed clccilion without the benefit of a dilcussion in a public Sludy scssio11 is not poaiblc . .. I. • • • Englewood City Council Aupst 5, 1996 Pa,:el ·, • (• • (c) Harvey Pratt. 48 IO South Inca Street. stated that he also wanted 10 speak about the redevelopment of Cinderella City . First. he said. he would like 10 acknowledge lhal he thinks that the Council is concerned about what the rcsidems wanl to do and he would hope thal they do thal and that the City's professional staff would also do the same rypc of lhings. He advised thal he provided a copy of an article from Forbes magazine 10 Council through Council Member Habenicht He said he UUSled that she shared ii wilh Council . He noted 1ha1 he has been in his own business and owned his own business for a number of years. although he prescmly works for King Soopers. As a businessman. he commented that be felt there was some dramatic infonna1ion in thal. lhal lhe large big box retailers, lhat lhe dollars. the sales per square foot is going down. 1ha1 lhe rums in 1he inven1ory are going up and the profits are going down. Mr. Pratt staled lhal worries him. thar he lhinks thal developers developing large tracks of land come up with a formula and 1ha1 sometimes the fonnula works very well. but lhal sometimes lhe formula is carried too far and Ibey don 'I realize thal limes are going to rum. He said he lhinks thal wc as a City, and as a Council represeming lhe City. should be very careful and look al 1he long 1erm. Mr. Pratt Sl31ed he thinks that if we begin 10 dC\-elop a big bos opcralion. and ii I urns our lo be the wrong decision. it is son of like turning a battleship in the ocean. in thar you don ·1 do it righl away. He remarked that his personal concern is thal ,,-e would end up with a replication of Trolley Square. He said he doesn't think wc have to belabor thal point anymore. Mr. Pr.Ill said that he has talked to some of his neighbors and they have the same kinds of concerns. He stated 1ha1 what bothers him mOSI is that they feel thal Council and City sratr have made up their minds and so it is of no value to speak our on 1hese things. He advised thal he lried to encourage a number of them to come dow111011igh1 and they wouldn 't . He said he would like 10 see some goals for Englewood. to see Englewood be a unique destin.11ion. 10 see people come here. Mr. Pratt said he is not a planner and has 1101 looked ,II things in greal derail. bul 1ha1 if you lhink about how people are going 10 come to Englewood. and as the City is lalking about the movie !heater and things like thal he just son of focused on that. that 10 come to Englewood you would go by Bear Valley. which has a very large cinema. you would also go by Southgleun which has two very large cinemas and come down Broadway and al Bro.'ldway and D~· Creek they also have large cinemas. He said he wished he had some grQ& ideas about suggestions and he said he l~1s umybe just a couple. Mr. Pratt suggested thal wc seriously consider the value of the light rail and having people be able 10 come out here. perhaps wc can do a hotel. that that mighl be a reasonable thing 10 do. He added thar nice meeting rooms would be appropriate for use by the City and org.·111iz.1tions such as he has been irl\'olved with . He said he thought thal perhaps wi1h the light rail if wc had a hotel that was moderately priced. 1ha1 we may be an altema1ive to the high priced hotels around the convention ccmer. He said he thinks those kinds of things would lead 10 some reSlaurants. some food operJlions lhat could make a good living in lhe area. He said he has been to the Arvada Center on nmnerous occasions and he suggested that tl~ll miglu not be a bad 1hing for us to have in Englewood as a south duplication of the Arvada Center. He said he appreeialed Council's lime and consideration of his comments. (d) Gene Tumbull. 4KK6 South Gram Street. said he wanled to speak very briefly on the Cinderella Cily issue. that for a long time he has stood in 1he background. listened to both sides. looked at ii and saw the idea come up of l he smdy. He staled he 1hough1 1he Sludy was a great idea. that there are a lot oflhings that can be done with Cinderella City as far as making money for lhe City. Mr. Turnbull noted he has lived iu 1he City of Englewood for a long time and thal he lakes a lot of pride in being a member of Englewood. But. he stated. he thinks we need 10 s&an making some money so wc can have orhcr things in this City like a Cultural Cemer. He said he thinks a hotel with conference rooms over 1bere. laking advamage of the light rail and emcnainmem will all be greal :wets 10 Englewood. Mr. Turnbull staled 1hat his marn concern is 11~11 we do something. get 01T1he dime and stan doing somclhing instead of lhrowing study. ancr study. aner stud~·. He emphasized th,11 ii is time 10 lake step number one. that wc don '1 take it all in one large step. we take it in SC\'eral. He said lets lake step number one and build on step number two. bu1 lets do somcthrng and qurt being so indecisive. Mr. Turnbull noccd thal lhat is bas1c.1II~ all he 1,antcd to Sil). that he as going 10 tnrst Ci1y Council 10 do 1he rigl11 thing from there . I • • Englewood City Council August 5, 1996 Pai:c 4 0 • (e) Susan Van Dyke. 3390 South Emerson Sucet. said she kind of suppons the previous speakers position. that she has basically two concerns. She noted that she has obviously been out of lhc limelight for about the last four years. bul 1ha1 she has been following Council projects and City projects along lhc way and has been very impressed with what Council has a11emp1ed 10 do through that time. She said she thinks 1he studies Council has done with 1he population are very useful. and that she thinks that is Council's way of reaching 0111 10 provide input into any type of project. Bui. she commented, she also feels very strongly that to continue to go on without making a decision is worse than even making a bad decision. Ms. Van Dyke emphasized thal she is convinced lhat if something docsn 't happen with Cinderella City in 1hc near fulure the opponunity may no longer exist in that we are going to have something worse than Trolley Square. we are going to have a concrete building over there on Hampden Avenue for the nest 1,vcnty years that no one is going to want to touch. She stated that she thoroughly suppons any type of cultural development. any type of hotels. any type of anything that makes this a bcucr City to live in . But. she pointed out. the bottom line is we have goi to look at how to find the financial resources to make those things a reality. She said she thinks we have a tendency to confuse apples with oranges here. Ms. Van Dyke expressed her opinion 1hat we 1k:ed to get on with some type of development and then concentrate our encrgiL-s on finding ways to fund a cultural center or other aspects that will make this a better City for its residents. 10 the po1111 of perhaps even trying to put out a bond issue or getting lhc population to suppon some type of 1as increase for some of ll1cse things. She said those are just some alternatives. Ms. Van Dyke stated she is deeply concerned thal we are going to continue to go forward without making a decision. 1hat she is deeply concerned with the amount of money that is being spent on the studies 10 co11111mc 10 study this issue. She Slated 1hat she wanted to remind Council that this whole issue goes back live. sis. seven years. since the time she was on City Council. and she is just real apprehensive thal things are just really going to go south on Council if some decision isn "t made. She said she docsn ·, care what 1hat decision is. because she believes Council can make the best decision. but she believes some decision has 10 be made as soon as possible or they will find themselves in a very. very negative situation. She Slated she appreciated lhc opponunity to present her opinion to Council . (I) Carl Welker . .«; 11 South Clarkson Street. said he. like Ms . Van Dyke. is concerned about Cinderella City. He noted I hat he has been a citi1.en for almost founccn years and owned a business in Englewood for some time. Mr. Welker ad\'iscd he has also served on some boards and commissions and some other things invol\'ing developmenl in the City of Englewood for a period of about seven years. Presently. he added. he is serving as Vice-President of EFOT (Englewood Focusing on Tomorrow) and is a member of 1he Business and Trnnsponation Sub Task Force. Mr. Welker e."plained that he is present this evening on their behalf representing 1he point of \'iew tla:1t the members of his Task Force have been talking about for se\'ernl months. He said lhcy feel. that one lhing in all of the publicity lhat has been given to delaying and rcs111dying and 1hi11gs like 1ha1. 111:11 some of the ci11;zcnry believes lhat we should go on with the project . Mr. Welker ad\'ised 1ha1 last Thnrsd.1y night at lhcir meeting 1hcy decided that they needed to give Council some 1uformat io11 and inpul from some other cui;zcns and he had some petitions they have circulated suace Frida) wnh aboul 2 ti 11:uncs on them so far . He noted that 1hcy will continue to get more. He said basic:1ll y what 1hcy arc doing. winch he noted is what Ms. Van Dyke is saying, is that they urge Council 10 conlinnc 10 move rapidly unh the redcvelopmclll of Cinderella City. He commented that they sec that we are losmg ground. 1la:111hcy don 't sec that we are really getting any new inform:uion in restudying 1hings. Mr Welker Slated that they think we have a capable developer on board that has been selected and th.11 we have taken some steps to get dcvclopmcnl going, bul he said we are losmg ground :u tins po1111 in tune as we co111111ue to study and redevelop other studies and so on. He advised 1ha1 this is not 10 take a S1a11d on specific 1l1111gs. that they believe lhat in the proccacs that Council "111 approve. and the Planmng and Zomng reviews lhat arc henccfonh to be undcnakcn.. that actual plans will be looked at and scm1ini,.ed and input wtll l"'CII from lhe cuizcnry at thole thinp. Consequentl y. he noted . 11 1s 1to1 that tlu s is 1hc end of the citizen input fOJ the City . but that we need to take the steps to contmnc and go fom~ard . •. I • 0 • Englewood Cily C1N1ndl Augu11 5, I 9'J6 Pai;e 5 '· • • (Clerk's noie: Mr. Welker submitted the petitions to the Clerk for the n:cord.l (g) Lillian Fish. 2771 South Pearl Street. advised thal she suppons jUSI aboul everything lha1 everyone has said abou1 Cinderella Ci1y and 1ha1 she loo is very much conccmcd. She said lhal she had never heard aboul an eighteen screen 1he:11er. even though she anendcd quile a few lhings until the lasl lime she wenr to thal Council meeting. So she said she was very much againsl that and she though! she would go and lalk lo her neighbors. Ms. Fish stated 1ha1 she spent less than IWO hours going around her immediate area. like two blocks. and that she got O\ler SO signalurcs of people saying no. no big !heater. She commented thal she thinks Council should know lhal people arc againsl lhis. They don '1 wan1 the crime 1ha1 goes on wilh ii and they don 'I wam Ilic parking spaces. lhat lhal is lhe main thing she heard. Also. she said. according 10 the Rock)• Mountain News lwo large movie !heaters arc in the planning S1agcs in 1lic sou1h metro area and wc ccnainly can and don ·1 want 10 compete with them. She swed she 1hen asked her neighbors about the Foley· s building and in Ilic first place lllCy wc,c quite swpriscd. 1hcy had no idea 1ha1 demolishing ii was even considered. Ms. Fish said 1ha1 when she told them it was being considered. they said why. why nOI have a new library and new cily hall over IIICrc . She advised thal ochers said why not meeting rooms and banquet rooms and several said why not an indoor ice rink . Ms . Fish said they had all kinds of ideas. bul nobody chinks 1hat ii should be 10m down . Slic said of course she agrees with the other people on the little shops 1ha1 everybody wants. Ilic depanment stores and all. a Target . 1ha1 son of thing. She stated thal Tom Munds wrote an anicle in the Englewood Herald recently and he said 1ha1 Englewood is in a good posnion financially for the next five years. She said that she had an Englewood official lell her lasl year thal Euglewood could even make it wilhoul Cinderella Ci1y . She said she knows more money is always nice and everybody would like it. bul wc could make it for awhile without being so worried about having more 1noncy . Ms . Fish opined that we do need 10 move it and move it fast . She said she can sec the de\'c:lopcrs poim of view. he would like 10 build ii and get his money. but they arc the people and they walll so1nc1hing that is beautiful and lhat is lasling. She DOied 1ha1 time and time again she heard bike palhs. waler ways. something beautiful. lhal !his would be las1ing and ii is whar 1he citizens want Ms. Fish noted 1ha1 she too is concerned 1hat ifwe build lhis big cheater we arc going to be ha\·ing vaca111 buildings and once again. even though she hates IO say 1he word. we will h,1\·e another Trolley Square. She !hanked Council for listening and hoped lllCy would consider their comments. (h) Katherine Fischbach. 4425 Soulh Acoma Street. said slic has heard comments on destroying tlic FolC)' buildiug and she thinks th.II once it is gone it is too late. She staled thal in the studies she never heard an~1hing saying it wasn ·1 well built it wasu ·1 praclical or anything like lhal . Ms. Fischbach noted that she would follow \\ith torughl's commenls. ni.t)>bc all of our things arcn 'I practical bul she thought we should go along with some of the things chat people wanl . She said she hopes lhal Council does listen and n~1ke wise decisions. . .... Council Member Waggone r comme nted tlL11 Counc il has sa1 here tonight and lisiencd aboul 1he indecisiveness of Counc il He s:ud pcrh:1ps 11 nnght be good af Mayor Bums \>'Clll lhrough lllC procedwe thal Council IL1s gone th rough a nd tell these people 11~11 1he mdccisaveness as really not Council. He noted thal 1n.1~'be Ma~o r Burns could offe r just an cxplana110t1 so th.11 they know whal 1s happening and whal seems 10 be some of t he problem . He 1101cd 11~11 cv1de111ly tllC)• ne\'cr get answers. Mayor Bums noted tlL1t Counc il comments a l the e nd of the mceung. Council Member Waggoner said 1bat most of 1he people a rc gone then. M:iyor Bums com1nen1cd thal he finds II curious that Council has lakcn 1wo mon1hs 10 ha ve c11i1..en meetings. a nd inpul from 1hc cuizcns. and now Council is ac:cutcd of being 1ndcc1S1\'C, whe n before C0tmc 1l was be11111 :xxuscd of DOI hS1cn1n1 10 lhe citizens. He swed lhat Council \>'COi OUI 10 h st en to the Clll 7.cns and IIOW CoullCII IS beang indeall\'C bccaulc lhcy did lhll .. He . , .. I • 0 • Englewood City C1N1ncil Au,;ust 5, 1996 Page6 '· • ,~ • noted it is hard 10 win no matter what 1hey do . but they had the meetings because Council wanted the citizen input. Mayor Bums emphasized that it is of great concern to him if people feel Council has already made up their minds. which is precisely what they were trying to convey that they had not done . He commellled that they should witness 1hc fact that Council has on the agenda tonight. and he understands that some citizens think Council has studied this enough. but that lhen: is a proposal to study a hotel and another 011c to study a11 ans center. He pointed out that those weren 't pan of the original resolution of the Council to have the ~00.000 square feel of cn1enainmen1 and retail. and it wasn 't pan of Skip Miller's proposal eilher. He said 1hosc an: 1hi11gs 1he citizens have 1.alked about and Council is responding 10. so he docs 1101 1hi11k Council has everything cast in stone. tha1 they cenainly don 't want to give that impression. He e~11lained that Council is listening to other lhings that the cilizcns want He said that pan of the next process. as proposed by the co11sultan1s. Clarion and Associates. is to look at what needs more study or wana111s more study . Mayor Bums noted that is what Council proposes to do later in the meeting. 111:11 the motion will be up 10 go ahead and aa:ept their n:pon. He pointed out, as be understands ii. 1hat by accepting 1hc n:pon Council is only accepting the information they have given Council so far. lhat the rcpon is 1101 a site plan and I hat Council is not making a decision of exactly what to build by aa:ep1ing 1hat . Mayor Bums stated that . as he said. Council does not normally comment at this time. but as Council Member Waggoner broughl it up he thought he would and. he said. if anyone else on Council would like to add something 1ha1 that would be all right . Council Member Waggoner said he felt there is one other impona11t factor. in being accused of indecisiveness. lhat before :111~1hi11g can be done with Cinderella City they have to obtain ownership. He explained tlial 1he Cit y has not obtained ownership. lhat it lias been in the mill now for about two years trying to get ownership of Cinderella Cit y. tl~,t they ca11 't do a thing and if that is illdc:cisiveness then so be it. He said that he docs not bcliC\·c thal it is. tl~,t I hey ca1111ot do a thing \\ith Cilldc:n:lla City until we own the propeny and we do11 ·1 own 1hc propcny . Mayor Bums noted tl~u pan of the proposal is. that we ha\"e an understanding with Equitable. that they will contribute S l.:i million t0\17lrd the lcar down and remediation of the site and the developer will contribute a like amount and recoup 11~11 later in sales tax . He: e~11laincd tliat the other alternative is to simply condemn it and if we did that lhcn we would ha\'c 10 pay sc:\'eral million dollars out of the ta.~payer's money to acquire it. TI1a1. i11stc:1d of 1~,vi11g a contribution made toward the tear down by the owner. it would be the other way around. we would actually have to buy it and . depending on what the assessed evalua1io11 is. 11~11 11~,1 is a considerable greater expense in millions of dollars than having the anangement that we have now . So. he s.1id . he thinks that the negotiations wc have had over this long period of time ,~,ve been fmitful. I hey l~1ve just taken a good deal longer than we thought they would and we also liad in the mix the Mcrc.,ntilc stores which owns 1be Josi ins store and the lc:asc: for Wards. so wc have liad lhrcc diffcrc111 entities 1ha1 we have had 10 de.,I with hen:. which made this a longer process than WC anticipated . Council Member Habenicht s.,id she would like 10 lack onto tl~,t truit she docs not believe. 1hat since the very beginning since lhcy began looking at Cinderella City . lh,11 Council has been indecisive. She said she thinks 1ha1 there have been a number of decisions and at limes lhe private sector l~,s come back and said bey . wait a minulc . we don ·1 like 1ha1. If anybody has slowed down the process in this case. she said. she thinks it is lime to stand up and defend your govcnunent a little bit hen:. ii has been the private ICICIOI' 1ha1 lias tried 10 slow it down. both Equitable and. n~'1)1Jc 1101 the developer. but cenainly the ownc:n of lbc: buildings. She cxpl:1i11ed th.,t we arc the O\\ 11crs of lhe land under the parking loc so wc an: son of all in lhis. ii is a different kind of a deal . She said slic does 1101 believe that )'OU can say thll the time it bas lakcn lw been all due 10 Council indcc1s1vcncss. so much of it has been because of the c:omplexity of the ownerships and the private sector say111g I~ wait a 111111u1e. we wai11 to change this or dnggin1 lbc:ir feel on tlus and dragging tlu s. She said she Just wanted 10 offer lliat and also the mo11on on the Clarioa ,epon comes very . very nc:1r on the agc11d., and slic does have sonic discussion points then:. but she fdt tllal • . .. 0 I • 0 • .,-------~----------------,--- E•dewood City CtNlncil Auplt 5, 1996 '•' '· • • would not be appropriate now. Mayor Bums said that is fine . Council Member Hathaway said unless she would like to move it fonvard. Council Member Wiggins said no . Mayor Bums said that he might comment that because the negotiation process on ownership took so long that the public was saying Council left them out and that they weren't having study sessions and public meetings. which Council intended to do all along. So. he commented.. that they had the public meetings in May and June. just so the public could come in and comment on what they had done all that time . He said the main reason Council did that was to try to convince the public that they had not left them out and Council wanted to include them and have their opinions. Mayor Bums stated he was hopeful that. somehow in the process. Council can convince the citizx:ns that they have done that and that they are not doing this just for show. He noted that . as he has said many times bcfo~ Council did not intend this to be some dog and pony show and then just go oft' and do whatever they pleased. because that would be aa insult to the public and the citizens. He assured them that Council hopes to incorporate as much ofwbal the citizens want that is practical. He mentioned that the other thing they did with Clarion was to ask them to tell Council what is marketable. what can you really put in there. Because. he noted. undoubtedly we would have ideas. and have had ideas. that arc simply not marketable at that site. that Council appreciates the ideas. but that they also have to look at practicalities. who is going to put fonh the millions of dollars to build buildings and de\'elop a site over there that includes things that are martctable. So. he advised. that is pan of what they have done. that this will come up shonly on the agenda and he wanted the public to understand that this is discussion between Council once it comes up on the agenda. He explained that if they want to speak to this that this is ROI a public hearing on this tonight. that this is a discussion with Council. so if the citiz.cns want to speak to this this is their opponuniry under the non- scheduled visitor ponion of the agenda. He said he just wanted everybody to know that. Council Member Waggoner obscm:d if Council is indecisive and can·, get ownership of the property, that they are right that they may not be able to get off Ilic dime and if they don 't get ownership they imy IKII even be able to get off the fifty cent piece and that is a lot bigger than a dime. Mayor Bums asked if tlterc was an~1hing else that anyone wished to say at this point. Being none. be said that Council ,viii continue on ,virh rite agenda. 8. Coamunic.aticm11, Pruclama1iutt1 aad Appoi•t-11 TI!ere were no communic:11io11s. proclam.1tions. or appoinunents. 9 . Public Hcarinit No public licaring was scltedulcd before Council. IO . CoallCIII Apda COUNCIL MEMBER HA THAW AV MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) ••d (ii) ON FIRST READING. (a) Approve: on First Rc:tding (i) COUNCIL BILL NO . 39 . lmltOOUCED BY COUNCIL MEMBER HAntAWAY • . .. I • • • • Enp:wood Cily CINJncil Auplt 5, 1996 Paces A BD..1. FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF A FARMSITE FOR 11IE BENEFICIAL USE OF 1liE LITTI..ETON/ENGLEWOOD WASTEWATER TREA'JMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. (ii) CONTRACT FOR CLEANING OF 11iE ANAEROBIC DIGESTER SUPERNATANT HOLDING TANK WITH LIQUID WASTE MANAGEMENT IN 1llE AMOUNT OF $24,150. Vote R1alts: Motion carried. Ayes: Council Members Hathaway, Vonninag. Wiggins. Habenicbl, Waggoner, Clapp, Bums Nays: None * * * * * Cooncil Member Habenicht questioned whether the City h,'ld addressed the conccms of the people who came fonh during the public hearing on Concrete Replacement DiSlrict No . 19'JS . City Altorney Brownan suggested Council pull the agenda item off of the Consent Agenda. COUNCIL MEMBER HABENICHT PULLED AGENDA ITEM 10 (b) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS Ill (b) (ii) ON SECOND READING. (b) Appnn-c on Second Reading (ii) ORDINANCE NO . 30. SERIES OF 1996 (COUNCIL BILL NO . 36 , INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE AUTHORIZING INTEROOVERNMENT AL AGREEMENTS BETWEEN 11IE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION. DOUGLAS COUNTY. DENVER WATER DEPARTMENT AND HIGHLANDS RANCH METROPOLITAN DISTRICTS. DR. OHLSON AND 1liE CITY OF ENGLEWOOD . COLORADO PERTAINING TO 11IE C-470 INTEROIANGE. Ayes : Council Members Hathn-ay. Vorminag. Wigias. Habeaiclll. Waggoner. Clapp. Burns Nays : None Motion carried. (i) Ma~or Bums asked City Maueer a.t ii lie 1111111-, ,....._ a 111 whelher the concerns rcL,11,-c 10 Concrete Rcpllel:IIIC* Dltlncl 19" liatl i.. adlll t Cily Manager Clart asked Enginccnn& Manap K.\hm to cw••. IIS ...._ • • 1111 S f I .. swr mc1 or lalbd to all of the people thal appcan,d ai tlle..., • w -1a .-... .._. up lcncrs were 1C11C DUI to thole folks. copes o( wtucli C-.1 ..... IIIM --a. ~ ...... Wigins llaled thll Counal did RlCCl\'C copes of Ilic lcncn Mr a.ti .._ Mr Kalla ,t Ill w anylliin1 to add • far as any follow-up _. thal llaff did ... .._ 11111. .. I I • 0 ---~----------~--,11----------.,~----------------------------;c--- • Enclewoocl City Council Au,:ust 5, 1996 Pa,te9 ·, • • (. Engineering Manager Kahm s.,id he did 1101 believe so. that they have addrcsscd all the concerns and sent copies of the letters 10 Council . Mr. Kahm pointed out I hat most of the concerns had to do with properties that had changed hands during the assessment process. He said he believed they brought all of those to resolution. TI1cy had one conccm 1hat was a misunderstanding about the amount of concrete that was to be done and 1hcy have worked with that individual to resolve that. so he believed all the concerns were addressed. Mayor Bums told Mr. Kahm Council appreciates 1hat because they did direct those panics to contact him and he tbought Mr. Kahm had made contact with all of them right there at the meeting that evening. He noted that all items appear 10 have been addn:sscd satisfactorily. Mr. Kahm said absolutely. He added that it was determined that all of the ISSCSSIIIClllS -conect as published. Council Member Habenicht thanked Mr. K.111111 and commented that she just fClds it is really imponant that when people coanc fom•ard that Council acknowledge that. as it is pan o(thc public record. Mayor Bums agreed and nOled that Slalf did an excellent job. Mayor Bums and Council Member Habenicht thanked Slaff. The Clerk was asked to read the ordinance~ 1i1le : ORDINANCE NO. 31 . SERIES OF 19% (COUNCIL BILL NO. 29. INTRODUCED BY COUNCil. MEMBER WIGGINS) AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE Wl1llIN CONCRETE REPLACEMENT DISTRICT NO. I 9'J5 IN THE CITY OF ENGLEWOOD. COLORADO: APPROVING AND CONFIRMING lliE APPORTIONMENT OF TI-IE COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT. ASSESSING A SHARE OF TI-IE COST AGAINST EACH LOT OR TRACT OF LAND. AND PRESCRIBING THE MANNER FOR TiiE COLLECTION AND PAYMENT OF 11fE ASSESSMENTS. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (h) (i) • ORDINANCE NO. JI, SERIES OF 1"6. Motion carried. Ayes : Council Members Vonnittag. Wiggins. Habcnichl. Waggoner. Clapp, Bums Nays : None AbSla111 : Council Member Hathaway Council Member H:11l~1way c:.~plainc:d 1h.11 she abS1ai11ed from the vOle as she owns propcny in Concrete Replacement District No 1'>'>5 . 11 . Ordi .. lKl.-s, RoulvlNNII and Mocion1 (a ) Approve 011 First Rc:Klmg ( 1) M.tn:1i;cr Simpson presented a rccom111end111ion from the Offlc:c o/ Nctpborllood and Bus mess Dc\'C lop111e111 10 aa:cp1 by IIIOlion the Clarion .t ADOCi111e1 ' Plaw I lllpllll reprding 1hc rcdcvclop111e11t o( Cinderella City. He c.,-p&atncd that the IIIOlioa bcRft Council tallip& 111 rcqucsr 10 IIIO\'C 1hc rcdc:\clopmc m of Ci11dcrclL1 Cil} forward ma positive-· by i-,cll'llblll 11puf1C1nt communan 1npu1 that we ha,e paned lhrou&h the CIOIMIUAaty r-proce11. He aid IIC will I • • 0 1 a2xl ----~---------------------,·--------------------:---.------------... • En~lcwood City Council August 5, 1996 Page 10 ·, • ,,~ • keep this brief and the only thing he would add is that aca:ptancc of this rcpon ccnainly, by no means, implies that we have a done deal or in anyw.iy is this an application that has come forward. Mr. Simpson explained that they are still expecting to receive an application from Miller/Kitchell Development that will incorporate the significant community input that we have gained through the community forums. 'That this is simply. more than an)1hing. an opportunity for Council to emphasize the community forums in the continued negotiations for this redevelopment process. Mayor Bums asked that Manager Simpson describe the next level. where we go with Clarion after this, for the public. Mr. Simpson advised that where we are headed. at this point. is that we arc cxpecled to continue to negotiate \\ith Miller/Kitchell Development. He said that we are anticipating receiving an application for rezoning. the PUO applic.,tion. which will incorporate a site plan and that site plan should truly reflect the input that was gained out of the community forums. He noted that Clarion. the City and Miller/Kitchell will be engaged in this next level process. Mayor Bums commemed that they also have on the agenda tonight the proposals for funher study of a martct study on the hotel/motel issue. and then possibly a cultural ans facility study. He questioned how. especially the hotel/motel study. feeds imo this repon or a filing by Miller/Kitchell. how would it effect that or be pan ofth:n possibly. Manager Simpson advised that it alfccts that only 10 the extent that the Phase I repon did memion the fact that a hotel use may be viable at this location . He staled that it also mentioned that it might 1101 be . But. he added. a hotel use in Englewood should be pursued and looltcd at in greater detail. He s.,id whm they would like to do is proceed with that study separate and apart from the negotiations that are going 10 continue on Cinderella City itself. He stated that the hotel study, which shouldn ·1 take a large amount of time. will allow us 10 dctennine whether or not a hotel al this site, or at other sites in Englewood. is a viable use. Mayor Bums asked about how much time he thought that would take. Mr. Simpson responded three to four weeks is about correct. Council Member Waggoner said that when they first decided to go with this study by a consullalll. there were several other tlungs that were mentioned at that 11mc that he did not think were fully addressed in the Clarion repon . He cited the traffic problems that can be foreseen with the development of Cinderella City and noted we ha,·e experienced those traffic problems before. He said the)• were also talking about tying in the Cinderella City development with downtown Bro.,dway with the area cast of Broadway. the affects of the development on the arc;1 10 the south and nonh. access 10 Danmouth and Santa Fe and the light rail station. He asked when all those issues \\ill be addressed. if it will be in the Phase 2 design review process or iftli:11 1s something 111:11 will come in between Phase I and Phase 2 . Mr. Simpson advised that they "ill bcg111 10 address 111:my of those issues in Phase 2. He noted that Phase I was really designed 10 begin looking at the commnniucs concerns and issues and to try 10 gain and facilitate a strong IC\•el of communiry input . He stated Ihm wla:11 they want 10 do in Phase 2. which they have kind of aarted working on alrc.,dy 10 keep 11~,1 fon,-ard momentum. 1s 10 begin incorporating that public inpuL tying those issues of the nonh neighborhoods. tr:iffic 11np.'ICls. how does the south area truly integrate. how docs downtown integrate and coordi11:11e efTccthcly \\ith this 3Ctual si1e and that is all a pan of this next negotiation pcnod. Council Member Waggoner s:ud then they li;1ve re.,lly staned 111.,1 phase already and expect 10 continue. Manager Simpson responded I hat he would say I h.11 Clarion and the City have really talked about how we can move fonvard . TI1cy arc 1ry111g 10 get some meetings set up with Miller/Kitehell 10 begin wortting on an act1~,1 site plan. Mayor Bums asked Mr. Simpson how much discussion he has had with Miller/Kitchell since Clarioa came on board about this. if It 1s Jnst son of staning now and if then: has been much~• the public meetings have occurred Mr. Simpson s.,1d 11~,1 he would say fairly limi1ed aclllllly. He DOied they have been kmd of in a lull . if)OII w:111110 c:1ll 111h.11. waiting to try to conclude this phase. He added .. I • 0 • En~ood City Council Au11:111t 5, 19'.I<, Pa,:e 11 ·, • • that R & L Design. Clarion and lhe Cil)• have been lalking about things they would need to sec and they would need 10 do . conlinning a linle bi1 of research. but 1hat it has been limited. Mayor Bums commenled 1ha1 he lhinks that is approprime because I public meetings weren ·1 over for a couple months. Mr. Simpson said that is correct and that he would say he has been in conlaCt with Mr. Miller on the telephone probably twice. but he has not actually seen him in person. COUNCIL MEMBER HABENICHT STATED THAT AT THIS TIME SHE WOULD LIKE TO MOVE TO ACCEPT THE CINDERELLA CITY REDEVELOPMENT PHASE I REPORT DA TED JULY I, 1996 AND TO USE THE COMPREHENSIVE PUBLIC INPUT INCLUDING 111A T OF THE FOUR PUBLIC FORUMS AS A BASIS FOR NEGOTIATION WITH MILLER/KITCHELL TO INCORPORATE SIGNIFICANT COMMUNITY GOALS INTO THE PLANNED UNIT DEVELOPMENT APPLICATION FOR REDEVELOPMENT FOR CINDERELLA CITY. Council Member H:uhaway s:1 id she would second th.11 except thal she would like to add something else to it . She noted 1ha1 on 1hc background iuform:uion 11ml \\~IS supplied with lhe Council Communication it takes that statement a lilllc funher and she said she fcll 11~11 they should add tl~11 clarification. She said that it says .. for rcde\'clopmenl of Cinderella City including. but not limited lo. movie I heater and other entenainme111 uses. suppon of a light rail s1a1iou . civic amenities such as public pla7~1s. Linle Dry Creek. water features and founiains . suppon of creati\'e site design 1hrough avoidance of a linear strip layout of buildings a11d parking areas a nd landsc;1pcd bufTenug along Floyd S1rcc1 ." Ms . Hathaway commented that she thought Couuc1I should be a bil more specific . Council Member Habenicht s:1id that she 1hough1 lhat 1hc repons. the infonnation from the public repons. is specific enough . We ha\'c a number of them and. as many people have pointed out. we have done a number of studies. we ha\'c done public input studies. Englewood Focusing on Tomorrow has studies and we have the results of those s1udics and we 1~1\'e 1hc result of the Clarion repon itself. She said she might add that her motion is a li11lc di1Tcrc111 from the motion provided by Slaff. She said Slaff is suggesting thal we use the conclusions and rccommcnd.111011s of the Clarion repon for the basis of negotiation. thal thal is the pan where her mo1ion is dilTcrem . 1h:11 she 1s suggc51ing that we use the comprehensive public input including that of the four public fomms as a basis for negotiation \\1lh Miller/Kitchell to incorporate thal . Ms. Habenicht s.1id 1ha1 is where her cona:m is. 1h:11 she understands that that would give them a little bit more latitude in working with Mr. Miller She pointed 0111 that Mr. Miller was the selected developer wilh Miller/Kitchell based on his flex1bili1y . She noted 11~11 we h:l\'e al leaSI one or two feasibility studies that we are looking al 111 1enns of what we c:111 ha,·e done and in tenns of what Council Member Waggoner broughl up abou11he traffic :u~1lysis :ind some of1h.111h.11 hasn·1 happened yet . She said that she believes 11~11 1ha1 would gl\·e cnongh la111ude for Clarion and the SlalTto work. but it wouldn 't limit thcm 10 somctlung 1ha1 1s so closely adhered 10 1ha1 Miller/Kitchell conccpl a nd that 1s why she olfered the motion as she did . Mayor Bums s.1id In s q11c s11on 1s 1f ~o11 do 11~11 a rc ~011 csscntmlly scttmg as,de Clanon ·s conclusions and recommc11d:11ions a nd go111g back 10 lhe CIII /.C n 111puf1 Council Member Habenicht said no . Manager Simpson olTcred 11~,, he 1hough111~,1 Council Member Habemcht 1ndica1ed 1hat they would include these findings in addi1ion . at le.1st ,1~11 1s "hat he heard . Council Member Habenicht said no . Mr. Simpson and Council Member Habemch1 cl :mfied the n1ot1011 . 11ml II should read -111c comprchensi\'C public input inchlding tlL11 of the four publi c fonnns as a b.,s1s for 11egotia11011. - Council Member Waggoner asked why would11 ·11hey also add Council Member Hathaway 's commenu u listed on the b.,ck as i1 seems like 1hosc comments arc appropriate also. Council Member Habenicbl said ok:ly. Council Member Ha1haway s.11d she thinks that ii kmd of clanfics that they have not limited the . , • . I • 0 • Englewood City Council August 5, 1996 Page 12 • • focus and she thought it made a sta1emen1 because ii says ··including. but not limited to" and she thought that was key and critical because she fell Council should stan focusing in on somcthing and not still be so esoteric that they can't say 1ha1 this is what we are working toward. In response to Mayor Bums. Council Member Hathaway confinncd that when she referred to on the back. she was referring to page three of the Council Communication. Council Member Waggoner said it is right at the top, where it says "Cindcrclla City, including but not limited to" and he stated that. as he reads it. he thinks that is exactly what Council Member Hathaway was using as her basis for the addition. Council Member Hathaway said that is right Council Member Habenicht said that one of the concerns she might have on that is Uiat Council really take into account the public input. She commented that she thinks. while there is a lot of public input supponing the movie theater that there is a lot more input that thcY have been receiving against the size and scope perhaps. and so she would hate to liave that conslrucd as having already appl'O\lcd that Council Member Waggoner said that it says "but. not limited to." Council Member Habenicht said it says "including. but not limited to". so by including all those things you arc in csscncc giving an approval ol those U1ings . Council Member Haihaway said no. 1lia1 you are including them as a basis for negotiation with Miller/Kitchell which is a p.,n of Ms. Habenicl11's recommendation. too. She explained that she was jUSI adding to Council Member Habenichl ·s motion a b.,sis for negotiation and clarifying a little bit of what we are looking toward. Council Member Habenicht requested thal they l~ivc the motion. as it would be voted on. read. Discussion ensued as to 1he corrcc1 wording. n,e City Clerk said lliat Council Member Hathaway has asked tlmt the molion be amended to insen the wording on page three. item I. of the Council Communication after "lo incorporate signilicant commuuity goals." Council Member Habenicht said that she thought she had said 10 strike the words "conclusions and recommendations" and say "comprehensive public input including that of the four public fonnns ... Council Member Waggoner said that he hoped that she doesn ·, mean I hat they should include everything that was brought up at the public forums. bccausc Uierc was a cemetery listed in there 100. Mayor Bums said that that is his qllCSlion. and asked ifthcY have to syntl1CSizc what they got at the public fonuns again in some way in order to know what thcY a.-c wonting from . Council Member Hath,m.1y said that is why slie wanted to narrow the scope a little. Mayor Bums pointed out that that is the reason why Clarion was suppose 10 render conclusions and recommendations in the lirst place. Manager Simpson advised 1h.11 stalT made the original suggestion for this panicular motion 10 try to begin that narrowing process to begin negotiation. He emphasized that it really needs to be understood in a negotiation process thal lhcre arc lhings you get and things you give up and that isjUSI the nature olthal process. He said that it nmy be a m,111er of semantics in some ways. but that be thinks the amclusioas and recommendations do suppon lhc comm1mi1ics comprehensive public input that ca01C from the public forums. that tlmt is the whole basis of this rcpon. M.iyor Burns said that is his question. if that is the basis for tlie rcpon and 1f they are striking ··conclusions and reco1mnendations'' and going back to the "comprehcnsi\'e pubic input" are 1h~· opening this up to everybody 's intcrprclation of what the public input w:is or nor/ He noted 11~11 in a ,my he fa\'ors Council Member Hathaway's suggestion. bct:aUle lbal does 1~1ke it more spccilic. But . he said. he just wondered af they would all get around the table after this "ith the appropriate people and s.1y 110\I wl~11 do \l'C think 1ha1 1hc public input was. do we have a consulcrable discussion then about what :arc the parameters that they are negotiating from now . Council Member Habenicht stated 11~11 thcn she would be \'Cry happy. insacad of saying "amclusions and rcco1mncnda1io11s ". 10 just lca\'c it the "public 111pu1 rcponcd by Clarion from the four public fonuns as the basis of 1iego11a11011s ... Ma~ or Burns s.11d that would be line \11th him. Council Member Hathaway commented 11~,1 se11m1111cally II is 111 essence the same. Ma)·or Burns nolcd it is \'Cl')' close. Council Member Hatl~1way said you arc JuSI 5a) mg public input ,·crsus amclusions. that it means the same tJuaa. Council Member Habemcht said tl~II 1s nght. • . I • 0 • Englewood City Council Aug119t 5, I 996 Pa~IJ • I • • Council Member Waggoner suggested they might add .. to include in pan." He noted he cenainly does not want a cemetery to go in there. Council Member Habenicht asked if the cemetery came out in the Clarion repon. Manager Simpson advised th.u he did not recall seeing that. Council Member Habenicht said that she didn't think a cemetery was included in the plan. Council Member Waggoner said that somebody suggested a cemetery somewhere along the line. Mayor Bums asked Council Member Hathaway if she wanted her pan included too . Ms. Hathaway said yes. because she felt it would stan to gi\'e Council some focus as to some of the conclusions. Mayor Bums asked if the Clerk con Id read the motion back in its present fonn . Following funhcr clarification the Clerk read the motion as follows: MOTION TO ACCEPT THE CINDERELLA CITY REDEVELOPMENT PHASE I REPORT DATED JULY II, 1996 AND TO USE THE PUBLIC INPUT REPORTED FROM CLARION FROM THE FOUR PUBLIC FORUMS AS A BASIS FOR NEGOTIATION WITH MILLER- KITCHELL TO INCORPORATE SIGNIFICANT COMMUNITY GOALS INTO THE PUD APPLICATION FOR REDEVELOPMENT OF CINDERELLA CITY INCLUDING BUT NOT LIMITED TO: MOVIE THEATER AND OTHER ENTERTAINMENT USES, SUPPORT OF A LIGHT RAIL STATION, CIVIC AMENITIES SUCH AS PUBLIC PLAZAS. LITTLE DRY CREEK, WATER FEATURES/FOUNTAINS, SUPPORT OF CREATIVE SITE DESIGN THROUGH AVOIDANCE OF A LINEAR STRIP LAYOUT OF BUILDINGS AND PARKING AREAS, AND LANDSCAPE BUFFERING ALONG FLOYD STREET INTO THE PLANNED UNIT DEVELOPMENT APPLICATION FOR REDEVELOPMENT OF CINDERELLA CITY. Council Member Hathaway noted that that was a friendly amendment and she asked if it was acceptable to Council Me111ber Habcmcht . Council Member Habe1ucht asked that the motion be read one more time. Council Member Wiggins stated he \\anted to add the co111111ent that the mput that was put in by the public tOlals less tlt111 :1 % of the population of the City of Englewood . Mayor Bums said he undenlood th.it. but that mis the chance you take" hen yon h:t\'C public fonuns. Co11ne1I Member Waggoner commented that we elect people b\' less than that. Mayor Bums asked ,f an)one \\:111ted 1he 111011011 read again. Council Member Waggoner said no. Council Member Hatk1way said Council Member H:ibcnichl moved. but nobody has seconded it yet . Council Member Waggoner seconded 1hc 111otion . Council Member Habenicht asked that the motion be repeated one more ume. COUNCIL MEMBER HABENICHT MOVED. AND IT WAS SECONDED, TO ACCEPT THE CINDERELLA CITY REDEVELOPMENT PHASE I REPORT DATED JULY 8, 1996 AND TO USE THE PUBLIC INPUT REPORTED FROM CLARION FROM THE FOUR PUBLIC FORUMS AS A BASIS FOR NEGOTIATION WITH MILLER-KITCHELL TO INCORPORATE SIGNIFICANT COMMUNITY GOALS INTO THE PUD APPLICATION FOR REDEVELOPMENT OF CINDERELLA CITY INCLUDING BUT NOT LIMITED TO: MOVIE THEATER AND OTHER ENTERTAINMENT USES, SUPPORT OF A LIGHT RAIL STATION, CIVIC AMENITIES SUCH AS PUBLIC PLAZAS, LITTLE DRV CREEK. WATER FEATURES/FOUNTAINS, SUPPORT OF CREATIVE SITE DESIGN THROUGH AVOIDANCE OF A LINEAR STRIP LAYOUT OF BUILDINGS AND PARKING AREAS, AND LANDSCAPE BUFFERING ALONG FLOYD STREET. • . I • 0 • Enclcwood City Council Aupll 5, 1996 Pace 1' <. • • (Clerk's note : As previously read. the motion included the statcmcnt ~INTO 11£ PLANNED UNIT DEVELOPMENT APPLICATION FOR REDEVELOPMENT OF CINDERELLA CITY' at the end. As this is refem:d to previously in the motion it has been removed from the final molion . ( Council Member Habenicht said that she had a quesaion for discussion . She stated that she wanted to make sure that by voting in favor of this 1no1io11. she wa111cd to clarify that she is not voting to neccaarily ac:ccpt the recommendations and conclusions of the rcpon. that she is voting to ac:ccpt that the report be used as a basis for public input for the basis for negotiations. but not the ra:ommendatioas aad conclusions as the only sole basis of negotiations. Mayor Bums and Council Member Hathaway said tbal they think that is very clear. Council Member Habenicht emphasized she wants to make sure that's clear. Mayor Bums asked if there were any other co1111ncn1s or discussion . Being none he asked that Council vote. VOie re.its: Motion carried . Ayes : Na ys: Council Members Hathaway. Vonninag. Wiggins. Habenicht, Waggoner. Clapp. Bums None (ii) Director Black prcscmed a recommendation from the Deparunent of Parts and Recreation to adopt a bill for an ordinance approving an l111c:rgovemmen1al Agreement with the City of Sheridan for paving South Clay S1rcc1 near the Englewood Municipal Golf Course . He stated that South Clay Street borders the GolfConrsc on the back side. that City of Englewood forces would be used to overlay the street . the City of Sheridan would pay for all the material costs. the Golf Course. as an owner of pan ofthal propeny. would contribute $.'i .000 for the cost of the labor and the equipment. He noted that the City of Sheridan would be responsible for up to $17.000 in material COIis for that CJYCrtay . Mayor Bums asked if I his relates 10 1he Oilier work th:11 was done on drainage over there. as a follow-11p to that. Director Black responded 110. th.11 i1 doesn 't relate to the drainage. that u does relate to the expansion where we did a lot of work. having trucks coining in from the back side moving din and al9D the e."pansion of the maintenance building O\'Cr there where we had a number of trucks coming in and we think we possibly did some minor damage to some of the asphalt. Council Member Vorminag asked if I his is a one time deal. Mr. Black said yes . Mr . Vormittag med if Sheridan is gomg to m;1intain ii and lake care of it once we surface it. Director Black e.q,laincd tbal it will belong 10 the Cil~ of Sheridan and in 1hc agrccme111 we :ue ROI providing any wammtics on the -1 itself bcc:ause of 1he n:uurc of 1hc road . Mr. Vonninag questioned whether the drainage problem will tar it up ag.1111 . Mr. Black sa id no . Mr. Vomuttag co111n1en1cd that he has been down that road and it bas been washed out bad . Director Black a,friscd that lhcy had a discussion about thal and Eqlcwood's Public Works Depann1e111 and tlte Cit y of Slterid.111 did not fed that there would be a prub1em witll piaa ahead and overlaying the street now . Mr . Vonmttag :1skcd if there would be another prublem with the City of Englewood bnng1ng :my more Inds down 1l1ere. Director Black said no . that 1hal -oae al Ille things they looked al . Mayor Burns asked whose rc5POnsib1li1 y it will be in the future for the aoraae. repair and mailllCllaDCe . Mr. Black advised th.11 it will be the City of Sltend:111 's. Council Member Ha1hawa y pointed out 1hat they could still conuact out with 11110 do it. Mayor Burm said yes he understood that . Director Black stated that is INC. .. I • () • • . ' Englewood City Cuuncil Auplt 5, I 9'J6 Page 15 Council Member Waggoner asked if the bill for materials will go directly to Sheridan. Mr. Black said yes. The Cleric was asked to re.id the council bill by title: COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SHERIDAN. COLORADO AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE OVERLAY OF SOUTH CLAY STREET. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (ii) -COUNCIL BILL NO. 37. Ayes : Council Members Hathaway, Vonnittag. Wiggins, Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (iii) Director Gryglewicz presented a recommendation from the Depanments of Financial Services and Safety SerYices to adopt a bill for an emergency ordinance removing ··contractor licensing" from the Cil)'S mor:uorium on business licenses and to set an emergency meeting on August 12 . 1996 for second reading of the ordinance and establishment of fees by resolution . He noted that this emergency ordinance makes ciL1nges to Title 5. CIL1pter 7 contractor licensing. which at present time is under the moratorium that Council established on June 3. 1996. Mr. Gryglewicz explained that the only changes to this clmpter of Title 5 arc how the fees arc established. that they will be esaablishcd by rcsolutjon and tlL1t resolution will come forward on August 12"' if Council approves tlus. He advised that Slatf is not. at this time. recommending any clmnges in the fee structure. Director G,yglewicz 5laled that it is lus Wlderstandjng from the City Auomey tlL1t Council needs to lia,•c a unanimous vote on this for the emergency ordinance to go fon\'llrd . Mayor Bums pomted out that they \'Cry seldom have an emergency ordinance. that tlus is a paniallar need in this case. the need to be :Ible to license the contractors. The Clerk was asked to rc:ld the council bill by title: COUNCIL BILL NO . .W . INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN EMERGENCY ORDINANCE AMENDING Tl11.E 5. CHAPTER 7. SECTION 10 , OF THE ENGLEWOOD MUNICIPAL CODE l'Jll5 AND WHICH REMOVES CONTRACTOR LICENSING FROM ORDINANCE NO . 25 . SERIES OF 199<, WHICH PERTAfNS TO THE MORATORJUM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. COUNOL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. •. A~cs . Council Members Hathaway. Vonnittag. Wiggins. Habcrucht. Waggoner. Clapp. Bums N:r)s · None Motion c:irncd. (b) Appro\'c on Secorld Rc.rding . , .. I • • 0 '32 x l • Englewood City Council Aucust s, 1996 Pace 16 • I • • (i) Council Bill No . JK authorizing the sale of the 3384 South Broadway property to Waller and Marilyn Goltl was considered. ORDrNANCE NO . 32. SERIES OF 19% (COUNCIL BILL NO. 38. INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE AUTHORIZING THE SALE OF 3384 SOUTH BROADWAY PROPERTY TO WALTER AND MARILYN GOL TL. COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (b) (i) • COUNCIL BILL NO. J8 (ORDINANCE NO. 32, SERIES or 1996) ON SECOND READING. Ayes : Nays : Motion carried. 12 . General DiscuKKion (a) Mayor's Choice Council Members Hathaway . Vonnittag. Wiggins. Habenichl. Waggoner. Clapp. Bums None 1. Mayor Burns encouraged everyone to p.1nicipa1c in the National Night Our tomorrow night and 10 work with the Neighborhood Watch people on this panicular celebration . And again. he said. he would like to thank Nancy Peterson of the Englewood Police Dcpanmcnl for the great job she is doing on the Neighborhood Watch Program. which . he opined. is really becoming a model for other cities. 2. Mayor Burns stated that he wamed 10 bring Council a linle bit up-to4ate on the RTD funding for the RTD light mil line . He s:ud 11~11 . as th~· probably know. the House in Washington included S3 million in the funding for this year"s Appropn:uions Bill and the Senate did llOI approve any funding. He commented 1ha1 th~· arc 1101 quite sure why that was dropped our of the Senace Bill . He advised thal last Timrsday he talked 10 both Senator Ben Nighchorsc Campbell and Scnacor Brown in Washington about this . He noted that Senator Campbell wrote a very good lcucr 10 Senator Mark Hatfield. the Chair of the Senate Appropriations Commincc . about this . Mayor Bums explained thal this maner now goes to Conference Commincc which will meet in September. He noted they wanted to make some conUICt with them before they adjourned. which they did a couple of days ago for their August break . He stated thal Ibey are reasonably confident that they can get these funds back in. Mayor Bums mentioned that he also spoke 10 the Planning Dircc1or of the Federal Tmnsu AdminiS1r:llion. that he was given his number by Senacor Brown ·s office . He explained 1h:11 there 1s a rcpon that is rendered 10 the Congress every year by law reviewing the proposed 1mnsi1 systems and projects on merit. Tiiar preliminary draft was givm to the Congress in Ma rch and. he ad\'lscd . the fi1~11 dmn IL1s 1101 ~·cc been submincd. ii is lace. but they ~ been working off of the preli11111L11)' rcpon . He :ad\'1scd that when they did this study on all o( the projecu around the count~·. the so111lmes1 co rndor hght r:ul ca me right to the lop . Mayor Burns said he med them l'hClhcr II was one of the reasons "hy 1l11s was acccp1cd by the White House and recommendal for funding arid II was. He noted this rcpon was , Cl)' 1111pona111 an 1lia1 seleccion process and since the full funding gmnc agrcc111e111 has been Signed 11 1s ,·e~· 1111pona111 10 gee the first funding for chis project. Rccogmzing that next yc.1 r the request for futading 11~1y be as high as S30 or $40 million because he thought RTD sull cxpcc1s 10 fin:111/.c plans on 1h1s projccl II)• the spring of 1997. So. he said. 1hey an: working dilige111l y 10 II)' 10 gee that SJ nullion back in . M:t~or Burns noled thal Senator Halfield supposedly said thm he would not go along 1,·11h the appropriation for more than the SJ million thal the House recommended . 11~11 ,f ii \\:JS for more 1lt1111h:11 ii would IL1ve 10 come ouc of some otllCI' Colorado proJCCI . Acc,~,11~. he noted. there 1s11 ·1 au~ other Color.ido projccl that is like this and so he 1bousht SJ • . I • 0 • Englewood City Council August 5, 1996 Page 17 • • million would be the maximum . So . he s:ud. they will be in contact with them when the Confcrcncc Commincc meets. He explained that 1hc Coufcrcncc Commillcc is very imponant to this Appropriations Bill. because he has been adv ised by Sc11a1or Campbell 's office that there is a lot of staff input at that level, 1Jia1 after all it is 1he Appropria1ions Bill and it is a big bill. He said they arc hoping that somewhere we can slip SJ million in 1hcrc. because that is a very small amount of money considering tbc size of that bill . 3 . Mayor Bums noted there was au editorial in the Rocky Mountain News about a week or ten days ago about the Honou house. chastising 1he City of Englewood for having ever loaned money to tbc Horton family for rehabilitation of !heir house and adminiug that Senator Coffman of Aurora took our letter, lhat we sent to him. down 10 the editorial board of the Rocky Mountain News and got this editorial published much 10 our chagrin. He advised that the Housing Authority discussed this at their meeting last Wednesday and their concern is that if we play this matter in the press the press will always gel the last word. because it is the newspaper we arc coutcsting wi1h on this. Mayor Bums said there have been dilfcreul suggestions 011 !his. 1ha1 faccuuvc Director Paul Malinowski would like. perhaps through Senator Tom Blickeusdcrfcr. 10 s u down wi1h Senator Coffman and go over what has been done with this house and II)' 10 get some funhcr co11111111nica1iou wilh him. Mayor Bums noted he talked to City Manager Clark abou1 ii and he 1hough11h:11 ii might be more beueficial 10 go 10 the editorial board of the Rocky Mountain News a nd ralk 10 them about wl~,1 kinds of loans ha\'e been let on this house and why this occurrcd over rhc penod of rime smcc 1')82 . Mayor Bums stated that he is concerned over the relationship Scn.11or Coffman has wuh rhis newspaper. that it seems like he can just carry something down there and get a stor)' or au editorial. He said he is not sure what the Council would like to do about this. He commented that he thought rhe Housing Authority wouldjUSI like ii 10 go away if they could and not have any more publicity about it . But . he said. in the futurc Senator Coffman 1nay be very important on some voting ou legislation 1ha1 may come up that would affect Englewood. Mayor Bums noted. since the unfonunate homicide at the Honon house. tl~n this is the target for people 10 take potshots at the City of Englewood and the Housing Authority . He s:tid this concerns him a lot . Council Member Habenicht s:rid she hc:1rd about 11~11 but she hadn ·1 read it. and that she heard about ii from two or three people in the community. She noted that \\1ten she read the editorial she quickly pu1 together a rcspouse and talked to City M:magcr Clark about ii . wanting 10 know if that was a good idea or not . She said when they talked Mr. Clark had also ntentioned visiting the editorial board. Ms . Habenichl said that site thinks 11~11 is an extremely \use dccis1011 . tl~II we ,teed to ltelp them focus and sec what some of the other pomts of view arc and not do battle in the press. as it were. O\'er this. She said she thinks at the sante time she can undcrsland the scnsiti\'ity that the Housmg Authority 1s feeling and perhaps it might be wise for the Housmg Authorit y 10 back off. but 11~,1 site did not see any reason why the City shouldn't be v1si111111 a little bit with the cditon:11 board oftlte Rocky Moon1a111 News and giving them some infonnallon. Counc il Member Ha bcmcht s;ud site thinks 1h.11 1s an appropriate thing to do. It is noc an advcrsanal kind of tlung. it ,s pro\ld11111111fom~111on a nd she opined that that is a very wise thing 10 do. especially wllh lite good rcla11011slups our comnumn) coutumes to ha\'C wllh all the media. that we need 10 keep 1h.11 up. Al the s:une ume . lte staled. s ite docs not 1lunk we can Just let this go because, as was mentioned. s he \,as snrc Senator Coff111.1 n \\Ill be bnngmg this up agam a nd 1f the las! word is that word a llog ctlter then that 1s a real problem. because that \,111 be used quuc a bit in the press. She said that v1si11ng wuh tlte press and ltelp111111hc11110 sec llte po1111 of\'lcw. and all of that, would be \'Cry. very helpful. Tiicrcforc. s he s.1id . s ite S1ro11gl~ suppons Ci:y Manager Clark 's recommendation. Council Member H:11l~1wa) s;ud site \\Ould S1 1ggc5t kmd of a comb1na11on of the two recommendations and when IIIC)' go 10 talk to tlte editorial board ,1~11 tlicy take Senator Bliclu:nsdcrfcr with them. Just because of lite f.1e1 . s ite comme nted. th:11 lte can prm•1dc an 111sigh1 as 10 relat1onships with the press from senators. 100. Because slic 1hough1 he l~1 s more of an i11S1gh1 as 10 how much Senator Coffman may or may not be able to ge t so111c1lung 11110 th.: press. versus how much Senator Bhckcnsdcrfcr may or may noc .. I • , Ent:fcwood City Council Augulll 5, I 9'J6 Pa~ 18 (. • • be able to get something 11110 1he press positi\'e or ncga1ive . Ms. Hathaway Slated that she thinks wc need his insight as well as our reprcsc111a1ive . Mayor Bums said he thought that may be useful. He noted that he spoke to Senator Blickcnsdcrfcr bricOy, but he knows he was concemcd about the fact that an Aurora senator has gotten involved in an Englewood mailer and some of 1he initial comments were preuy severe againSI the City and the Housing Authority. Mayor Bums said that he thinks that that was not warranted. Council Member Hathaway said she thinks they definitely need to go down there with the facts. that it wouldn't matter whether it was the Honon family. or an)i>ody else in that particular situalioo. That if they meet the guidelines that the federal govemment establishes for these loans and grants and wiw--. wc as a Housing Authority really cannot tum them down. if they file an application. She said she thinks we need to be very clear on that because it sounds like we did an exceptional thing. We didn't do anything more for the Honon family th,,n anybody else that would have applied in that particular time period . If they met the qualifications they got the grant. they got the loan money or whatever. She noted it jUSI happens that the Honons made applic.uion both times. Mayor Bums said that basically that is trnc . Except for some reserves. this is essentially not a federal program. though. that this is homegrown . Council Member Hathaway stated that it has some guidelines. Mayor Bums agreed that il has some guidelines. and he agreed that the City and the Housing Authority, with regard to these loans. is 1101 a social sc"·icc agcn~'. that it is a housing measure . So. he said. founcen years ago he docs 1101 know whai the status of the Honon family was and he docsn ·11hink the Housing Authority knew either. Council Member Hathaway pointed out that in the papcm'Ortr. that the Housing Authority has there has to have been a initial application and she thought tlllll that is what needs to be provided. because if Ibey met the qualifications that existed for 1his program. al that tune. we couldn 't tell them no. anymore than we could have told anybody else no . Mayor Bums said tlllit is trne . We llln'c ne\'cr examined how funaional a famaly as bcforc wc lou them money on a real estate mmtcr. He po1111ed out th:al 11 JUSI ,sn ·1 the JOb of the Houstng Authority or Ille City in these instances so he thought some oftlus could be clanfacd . Council Member Hathaw:1y noted that the other clanficatlOl1 ,s exactly ,..hat Ma,,or Bums .Jllll said. lllal wc need to establish llllll "e arc not a social SC"'ices agency and we did 11111 do tlus par11CU1ar sram laaa. or whatever. as a social services agen~·-it was done to provide housing for a family 111111 applied. Council Member Habenicht commcnled llllll she 1hinks 11 ,s unponant too . to emplaasas the poutWc llliDp that have been conung fonh from 1his :111d other programs. She said she thmks that is 1he paaz 11111 as llllssing. that 11~11 ,s the piece that concerns her with Sc11a1or ColTman. tha1 she is fcarftal thlll llc is FUii 10 be targetmg all sons of programs on the basis of 1l11s paccc and she thinks '"'C need 10 be rady to lldp, to help the press and help C\e~bod) kno\l all of the \\Ondcrful. posata\'C programs and all thc-*'ful benefits 11~,1 l~'l\e related from these progr:uns. She s:ud 1ha1 as the pan of the story 1hat is m1111ng . Council Member H:uha\l~I) 1101cd 1h:111he cdi1onal dad make SOlllC reference to that fact. that wc lul\C ao apologies for some of1he swlT"e 1~1\e done. so \\hy \\ere we getling behind 1his panacular iauc. Mayor Bums pomtcd out 1ha1 tins program as l\\'CIIIY )can old and has had hundn:ds of loans. ower SI million has passed through 1l11s program and \IC laa,·c tlC\'Cf had a Honon casi: like this bcf'orc . So, be noted. it laas been a vc~ good progr:1111 for Englewood. lic:Mly supponcd by the City Council for many, many years and hc:ml) su pponcd ~ the banks III thc commumty 11'ho ha\'e loaned mosa of lhc funds for • • 0 • I • Englewood City Council August !I, 19'.16 Page 19 0 ,. - it. So. he said. he did 1101 want the program and the City 's and Housmg Authority's panicipation to be, in fact. smeared by this one incident so thm somehow the public is losing confidence in this program. He rcileratcd thal it is a very good program. He !hanked Council for 1hc1r input. 4. Mayor Bums advised that he ancndcd lhe Olympic games. as a guest of his brother. who lives in Atlanta. He noted that he was in the Olympic Park with his brother for several hours the night that the bomb exploded. Fonuna1cly. he said. they were not there at the time that lhat happened. But. he commented. that wc have a young lady from our County. Amy Van Dyken. who won four gold medals in that Olympics. He noted that she does not live in the City of Englewood. although he understood she may have an Englewood postal address. He said that one lhing he became convinced of after l11at bombing incident. and after the recovery from ii so 10 speak. was that the spirit of the Olympics is really contained in the kind of perfonnance that Amy Van Dyken had. He stated he would like to cntenain us having an appropriate fom1 of proclamation to congratulate her for her achievements. Mayor Burns said he is not sure where her travels will take her. but he would love 10 see her come and accept such a proclamation so we could honor her. He commented 1ha1 it is 1101 just 1ha1 we arc trying 10 son of capture Amy Van Dykcn because we arc the City of Englewood. but that he rc:1lly felt like they needed some son of recovery from this bombing. especially if you were there. He said there was an emotional impact from this. a very negative impact. for a couple of days aflcr th:u l~1ppcned and he thought the athletes such as Amy and the others. really embodied 1hc spirit of1hc Olympics 11~111augh1 all ofus 1l1a1 we can·1 cow tow to this kind of 1crrorism. no mancr where it comes from. Ihm you can't shirk from the kinds of things that the Olympics stand for . He stated 111.11 fonunatcly it wclll right on and the park reopened. But that pan of the memory of these Olympics "ill always be tlmt bombing and he fell that it is people like Amy that help us rcaliu wlmt it is all about . He said that ·s his suggestion and that perhaps wc can make contact with her through her family . Council Member Habc111ch1 said 1ha1 is a good idc:1 . (b) Council Member's Choice (1) Council Member H:1111.may : I. She commemcd 11~,1 down at the flower shop they got a n13iling from Chapel Hills Mall in Colorado Springs uymg 10 rccn111 new businesses 10 the mall. She said she does not know how many other Englewood businesses got that or whether they were just targeting panicular specialties. became this panicular flyer seems 10 be targeted 10\-.ml specialty shops. But. she said. she thought she would forward it to Bob Simpson bcc:insc Ibey do offer 10\v stan up costs. excellent selection of store sizes and loc:atioas, free consultation for francluse oppomuuties and they will give you a free sign for your store front if you send this in nght now Ms. H:uhaway said she just thought it was interesting how even malls down in Colorado Spnngs arc rccnuung for our businesses nght now. Council Member H:1be111cl11 said 11~,1 perhaps we could copy it . Ms. Hathaway said it is kind of imercsting. 2. She advised 11~11 Ken Haraldscn menuoncd that 1he phone numbc:n for council members need to be put back in the EnglC\\ood Ci111.cn . tli.111hey :uc not cuncmly rherc. She said she doesn't know ifthal means 1he1r home phones or ,f ll means the conglomerate phone number tl1at thcy all use down here at City Hall . Ms. Hathawai stated 111.11 \\Ould li.1vc 10 be clanfied with Mr. Harnldscn . I • En&tcwood City Council Au&all 5, 1996 Pace 20 • • 3 . She said in looking inlo infonnalion regarding business rcten1ion and n:cruitment she became aware that Fratelli's had a 1hirty year cclcbm1ion on Sa1urday, they have been in business in Englewood for thirty yeaB at that loca1ion . She 1101ed 1h31 Sunset Flo,vers has also been in business for thirty years in Englewood since May . Ms. Hathaway offered 1ha1 ii might be beneficial lo stan looking at some of our sales ta"' licenses and sec how long some businesses have held those licenses and maybe. just like we send out wedding. anniversary. 1ha11k you's and kudos 10 ccnain residents. she felt we should start stroking our businesses as well. She said ii might be 1101hing more than a letter from the Mayor saying I undersland you have been in business for so long. She staled she just thinks we need 10 stan sending some mileposts. maybe IS, 20 or whaicver years. and stan !hanking some of these people for sticking it out with us through lhick and thin. She comme111ed 1ha1 she fell ii would just be a good n:cruitmcnl idea. Mayor Burns said lhal is11 ·1 a bad idea . {ii) Council Member Wiggins: I. He 1hanked Public Works for 1he weed work lhcy did. 2. He !hanked Safely Services Dcpanmenl for 1hcir speeds checks on Union and answering lhc public's concerns. 3 . He asked Ci1 y Anomcy Bro11.ma11 how we are on negotiations wi1h Home Lumber since there was a fire over there last week . Cily Allomey Brotzman advised lhal staff will have a new appraisal done and we will be meeting wi1h 1he owners of lhe propc~· agam. 4 . He asked ifCouncal nccded 10 approve funds for Council Members H.abcnicht and Clapp to attend tlic Symposium in Vail . He was advised 1ha1 Comical app,11\'Cd lbc funds m previously. {iii) Council Member Waggoaicr : I. He said 1h:a1 1hcy had 1lic lener 11~11 curie 0111 0111hc group home: and be was wondering ifwc sent Frank Miner a copy of I hose. Ci1 y Ano~· Brol7.lnan :ich·ascd thal he thought Mr. Miner was copied on those. and if not. we c.111 . After pcrusmg Ilic letter. Mr Waggoner said thal he as . Council Member Waggoaicr asked if group homes are rcgulaicd by the Sla1u1c . City Anorncy Brownan said no. 1ha11hcre is a pronsaon 11~11 ~Ota 11~1) separ:ue 1licm ~· 750 fca . Council Member Waggoaer qUCS1io11Cd whctlicr 11~11 as regul:ucd. 111 an) way. by 1hc State Statutes. City Anorncy Brotzman said no. Mr. Waggoner asked if 1hcy anlhorizc group honics or give lhcm a license or anything like that. Mr. Brotzman advised 1h.11 1hc licensrng as prondcd ~· 1he Slate for group homes. Mr. Waggoner asked. then why would11 ·11hcy apply 1lic1r 0\\11 Sta1u1cs . Ci1y Anon~· Brotzman said 1hat that was an interesting question. Council Member Ha1haway comnacaucd 11~11 1hcy license child care facilities wi1hout regulations and loc:al zoning anyway. so why s hould 1his be :na y dilTereau . Council Member Waggoner asked if they have their own regula1ion as 10 distance. Council Member Ha1haway said no Ibey don 't either. Council Member Waggoner s.11d 1hey do on grotap honics. Ms. Ha1hawa y noted that the point is that the State issues a license 10 !hem "i1ho111 e\'cu 1h111king of local 1.0ning at all . Council MClnber Waggoner said lhal be is not 1alking about local zonang. 1h:u 1his is Slate S1:11u1c 1ha1 says that you cannot ha\'C one within 750 feel of another one. He conuncnlcd 11~11 ifllac Stale 1SS11CS a license then why wouldn't Ibey apply their own regulations. Council Member Hmhaw:ay noted that 1s a \'Cry good qucstion. that we didn't ask lbcm dial question. City Anorncy Brot zman comnicllled 1h.11 basically Ibey said we won 't be answering you. you arc not one of1he co11S11111c111s . Mr. Waggoaicr qucstioncd why not ask them why Ibey don't apply their own regulations 10 1hcir 0\\~1 1551a:111CC of licenses. Mr. Brot1J11:111 said he can tell him 1haa lbcir answer is that • . I • • 0 '32xl • • E•ck:wocHI City Council Aupllt !'i, 1996 Pace 21 they do DOI have 10 reply 10 you . Mr. Waggoner said lhcn let's ask them apin. Mr. Broczman noted if they want to go 1hrough one or1hcir constituents who an:. 1he congn:ssman and/or scnarors. we can go through one or those avenues 10 ask a similar question. Council Member Wagoner said be thinks we sbould and ask why they allow a license lhat is apinst lhcir own Slalutcs. Council Member Hathaway noted that ochcrwisc we ,wn ·, get a clarilicalion or it Discussion ensued as to who the Ci1y could approach and it was dClennincd 1ha1 it could be Senator Blickcnsderfer or Reprcsenum,e Wayne Knox. Council Member Waggoner said they really sbould DOI baw: issued a license if they haw: a Stabile dial says they can't. Cily Attorney Brotzman advised that in talking with the Attomcy Geaenl oa lbal c:aa be said that it docsn ·t mean we ,wn ·1 enrorcc that apinst you in the future. thal I am just DIil ll)ing to gift you an answer. is actually what his response was . Mr. Waggoner said we don ·t want any allSMl'I we just want them 10 cnron:c it. 2. Council Member Waggoner also commented that a loc of petitions have been RCCiwd Slating thaa the undersigned respectfully aslt the Ci1y Council to nxonsiclcr the proposed concept of the big box power user center in the rcde\'elopmcnl or Cinderella City . He said he docs noc know how to rec:onsidcr a concept when you ha,·cn ·1 C\'Cn considered 11 in the lirst place. He felt the only thing Council has said is that tbcy ra,•or 4011.IMltl square ree1 or cntcna111111e111 and retail dcYclopmcnt. Mr. Waggoner said tbal Council's statement \\:ts that ii could be up 10 4tl0.000 square feet. noc that it couldn 't be less than that. and tl131 lhcy really didn ·1 say it couldn ·1 be more than lhat . His recollection was that the 400.000 square feet concept came from Council in the first place. He said the reason tll3t it was 10 be somewhere around that figure was that lite original Cinderella City complc."'. as he n:mcmbeRld. had about 1.2 million square feet and Council has consistently bccl• told 11ta1 tit.al area could noc maintain a l'Clail space that was anywhere near l13lfortbe si;r.c or Cinderella Cit)'. Mr. Waggoner said he docs noc see it as a powcr- centcr. big bo., retail. and ccnainly noc as a rcplic::itioi1 or Trolley Square. He asserted that Trolley Squarc was set up for small shops and that lte docs noc understand whaa tbcsc pcaplc an: talking about dial don't want a replication orTrollc:y Square. He asked if that means they dnn 'I want little SIOleS7 Council Member Hathaway opined that it is just the whole Trolley Sqare filllco. the boo-boo afbaildiag somclhing that was 1ocall~· unusable b).· the citi1.cns of En~. Mayor Burns said his impression is 11131 11tc)· arc talking about a conccp1 thal fails. Council Member Waggoner con1e1Nlc:d that no mailer what Council docs. they a,e going to be da-.t if they do. and damned if they c1on·1. lfit turns out lo be lhc best thing in the world. they an: p .. lO ay the Council did a fantastic job. Ir ii ends up railing. tltc)·'re going to say here is a11111hcr Couacil dill absolutely failed . (i\') Council Member Habenicht: I . She opined that. in 1emtsorwha1 people mean when they say Ibey don 't want alllllhcr Trolley Square. people :in: rcall~· saymg was 111.11 back then a lot of people were coming forward and sayina -you're building two IC\·cls. ~ou 'rc domg lhis. you're doing lhatT' She said Ibey questioned all the tbiags lhat turned oot to be problematic. and lhe Council wcnl ahead. although the public was quaaioaing the fad 1hat all lhe businesses wen: being displaced and that 1hc business coinmunity was speakiaa OUl apinsl it. She said she reels 11ta1 is wh:11 11tcy mc:111. noc 1ha1 they think we an: going 10 build ~ lewis, but rather. 1he public proa:ss. Council Member Von11i1tag asked if the public was allowed input back then. Coullcil Member Hadlllway rapondcd absolulcly and lhat she was pan or lhe input back lhen. Pan or the pniblem. she said. -thal it was the whole dC\·elop111en1. II was all the way from Broadway to Cinderella Cily bcfcn be wen1 I -----------------------.• ,----------ir----------------------- • Englewood City Cuuncil August 5, 1996 Page 22 ·, • • .. bankrupt . Once Bud Brady wenl bankmpt. I hen Trolley Square became its own single complex. the Market Place became i Is own si nglc complex. and Pl~1r Mor became its own single complex. But. considered as a whole at lhc lime. Trolley Square made sense because the big stores were going to be closer 10 Hampden. and the small specially stores were going to be on Broadway. Only as a IOlal concept. she said. but ii didn't end up being 1ha1 w·dy . But yes. she noted there were a lot of questions as to why are you building a two story complex right next to all this stuff. In response 10 Council Member Vonnittag, Ms . Hathaway explained that 1hc whole concep1 did 1101 fail. only that panicular structure. that suucturc never worked 011 Broadway. Council Member Waggoner noted that King Soopers was pan of that whole complex. Council Member Hathaway said yes. King Soopers was pan oflhat complex. as was Anita's and ~rything on that south end. Council Member Waggoner said there were a lot of people at the time who said don't go with this developer. Ms. Hathaway advised 11~11 he was the only one who bid on the comple.x. only by vinue of the fact that the studies were co•anlhorcd by him. the Englewood Downtown Development Authority (EDDA) and the Englewood Urban Renewal Aulhority (EURA). She said that even though it was advenised nationwide. he was the only one 1ha1 bid . 2. Council Member Habenichl I hanked 1hc Clc;111. Green and Proud Commission. She said she wenl out and visited lhcm whcn lhcy were doing lhc Honsehold Haz.ardous Materials Roundup and felt. since everyone was 1alking about so many other things 11~11 the Commission and Safety-Kleen had not been properly 11~111kcd for I heir elTons. She praised 1hcm and City staff for the fantastic job they did and said she wants 10 m:1kc sure I here is some kind of official 1l~111k yon. perhaps a letter 10 Safety-Kleen. Council Member Vormillag said a plaque \\.ts prcscu1cd last year and maybe another could be given this year. Council Member H:uhaway said tk11 we already did. She added that we shouldn 't stop there. but should acknowledge C\'el)lhing 1h:11 goes on in 1hc Ci1y . She fell ifwe are going 10 do this. then they might as well acknowledge all I he neighborhood w:nch block cap1ains for 1he Founh of July . She staled that we should be caulious. bul also be sure we say 1l~111ks 10 C\'erybody . Council Member Habenicln 1hought 1ha1 ""s a good idc;1. 3 . Ms. Habemchl ll~mked D1rcc1or of Fi1~11ic~1l Services Dircaor Gryglcwicz for gating the responses 10 the inform:111011 11~11 she asked for regarding our lax structures and property taxes. She asked if he would be willing 10 work wilh her or a couple of other people to II)' to make it a little more easy to understand. She said she would rc:1lly h:l\'c to apply all of her knowledge and study 10 really undaslaad it. She said she would like to sec 1lic infon1L11io11 prcscmed in such a way that it would be clear to aayoac who would look al it. Ms. Habenicht commented 1h:11 she fell ii would helpful in the futwe. Mayor Bums said he would have 10 adnut 11~11 he got a lit1lc confused on a couple of those pages himself. 4 . She commcn1cd on 1hc Parks and Rccrc:n,on Dcp.1nmen1 production or -11te Music Man~ which was held over 1hc weekend . She s:ud 1hc house was packed c.,ch lime and the people really enjoyed it. Site foll the City could be rc:1lly proud of ii. She s:1id Michelle Grimes was a real hit as Marion the Librarian. S. She prcsc111ed a n an1clc from Colorado Busmcss. January 1"96. -Colorado Entrcprcneun haw tlte Ideas. Vc11111re Ca p11alis1s l~l\·c 1hc Mon~. Now All 1hey lia,1: to do is Find Each Other.~ She asked tliat the Cl:mon Assoc1 :11cs receive 1hc :in1clc . ... 0 I • 0 • er--------------------- Englewood City Council Augu~ 5, 1996 Paate 23 • • 6. Ms . Habenicht also presented information that she received from the Metro Mayors' Caucus regarding revenue sharing . 7. She thanked Director of Library Services-Hank Long for his sensitivity and caring above and beyond. and for his leadership to the Library Board after the loss of one of their 1nembers. 8. Cow1Cil Member Habenicht asked if the Van Schooneveld recommendation. that we have an internal auditor. is something that is going to be discussed at a study session. Council Member Wiggins said Council Member Waggoner has been recommending that for years. City Manager Clark said it is his understanding that this has been a recommendation for years. Council Member Hathaway asked why it took so long for Council to receive the letter. City Manager Clark felt they had received il earlier with the full audit rcpon and was uncenain why it was in the recent packet. Ms. Hathaway asked that he check with Director Gryglcwicz to sec why they gol it now . 9. She spoke of an interesting comment in the Planning and Zoning Commission Meeting Minutes from June 8. 19%. with p;1w11 shops. quality of life. which she thought Council might like to look over. 10 . Also. she said. in a recent edition of Nation 's Cities Weekly there was an anicle on how parents arc networking; its a program of dealing with kids . She said that she and Council Member Clapp have discussed such issues in their quality of life task force . She thought it would be beneficial to learn more about these parent networking programs to help preYent problems with youth from occurring in communities . 11 . Ms . Habenicht stated tlmt she asked for a list from staff of input that we have received from the public since Jamia~· on the Cinderella City rcde\'elopment . She remarked that she had requested it for her own cdific:nion and because she thought II would be helpful for Council. She said she has heard so many times and l~1s C\'Cn read it iu the press. 11~11 there has just been a small core group of citizens. a small special interest group. who 1~,s r:nscd co11CCm . Ms . Habenicht said she JUSI wanted to take a look at what all had come 111 10 sec 1f. indeed. 11 "as Just a sn~tll special intercsl group. She felt the scope of what they have shows that II was11 ·1 and 1ha1 there was no rc:tl 11~1jor organized elTon . In fact. she said. she asked Mr . Pratt to come to111ght because he l~td brought forward that an1clc . She thought It was intercsrmg tl~1t he Just c:unc to her house one day and was concerned . He had no idea there was anything going 011 in tenns of people "ho were conccmed . She felt the same thing happened with Lillian Fish. Ms . Habenicht op111ed 1k11 11 1s unpon :1111 for Council to rccog11i1,e that there 1s ROI some small special intercsl group out there trying to ha, e their"~'~. She feels there is a lot of commumty concern and like all problems of com1111m1c.111on 111 tod.1) ·s \\Orld. it takes lime 10 get the word out no mancr how much you do . She commented thm they have been talking about thm on the commumcatious task force. how difficult that is . She said she 1s concerned. 11~11 they arc trying to make decisions based comprehensively on all of the 11tfom1:11io11 . Ms Habcmchl felt the list 111:11 they did get was not complete and that there were several letters that she l~1s that wercn 't i11Chtded . She said she would just like to draw attention to that. and that a lot has sull been on1111cd from the complete list 111:11 they have. She said she is ROI sure where it all is in the City. but felt ii would be helpful for all of Council to review it. Council Member Clapp commented th:11 a lot of the public concern that came forward was from misinfonn:uion 111:11 was no:11ing around and she felt 11~11 c:111scd a lot more co11CCrn than nonnally we would ha\'e had . 13. City M11n11i:cr·~ Report • . I • 0 • En,:lcmH1d City Council Au,:usl 5, 19% Page 2-l • • • City Manager Clark said ii was his onginal in1c11110 discuss 1hcse items in Study Session tonight. but when he saw 1hat agenda. he decided to discuss them at the regular Council meeting. 111is. he said. is an outgrowth of the Clarion repon and some discussion at the regular Council meeting three weeks ago . (a) The first item. he said. is in regard to a hotel market study. which is one of the recommendations that c1mc out of the Clarion rcpon . He said he transmitted to Council in their packet infonnation from the Office of Neighborhood and Business Dcvelopmenl regarding a market feasibility study for a hotel/motel. He wholcheanedly agrees with staff's recommendation. he said. that we go fonh wilh the study. His reason for lhat. he related. is that . since he has been in Englewood. he has found this to be a topic lhat has come up quite a bit and has been identified by the community as something that they would like 10 have. He said that in onr discussions. and in our nonnal economic development routines. we have lalked to prospects and they seem to be quite interested and enthusiastic with the idea and they see some potential wilh lhe type of market they could be provided from lhe medical and hospital base. However. when it rc1lly gets right down to making some type of commillncnt. lhcre seems to be a lot of queasiness with our market because it docsn ·1 rcall\' fit where a lot ofhotcl/mo1els arc developed. So on the one hand it seems like its fc;1siblc. but on the other ii docsn ·t meet all the criteria. Also. he said. most hotel/motels arc kiud of clustcriug togethe r now. p.,nicularly along major imerchangcs. Mr. Clark said they would like to somehow briug the issue to some type of a closure and thar is why t hey are recommendiug 1hat we proceed with some type of a market study. He advised I hat right now lhe estimated cost 1s up 10 $25 .111111 . He po1111cd 01111ha11herc 1s a lypogr.iphical error in the last paragraph in his memo 10 Council regarding 1hc cosl. If the 111format1011 comes back and shows it is feasible. then the infonnation that is glc;111ed from 1h:11 rcpon could be prcsc,ned as a p.,n of our economic development etTons and be prcsemed to some of I he prospects I h:1t we l~1ve tried to attr.ict to Englewood. 111Cn. too. we could look at whether 1hcrc is a markc1 for some rcs1auran1. convention facilities or just meeting spac:c. or none of1he above . Mr. Clark ad\'iscd tltll we \\Ould like 10 move forward with this in an amount not to exceed $25 .0IMI . wluch may require supplemental appropriation later. If it does. he said. they will bring it back to Council :11 a later d:11c if n.._=,~·. Council Member Hathaway asked what "a genuine lc\'cl of interest .. mc.,ns. as referred 10 in a letter from An Scibelli. She said. in 01hcr words. iflhis is the lencr 1hcy sent out saying this is what we can do for you. a hotel. she would like 10 know \11~11 ··gcm1111c IC\'CI of interest '' is . She s.1id 1f that is what they arc proposing 10 do m 1hc1r fc;1 s 1b11i1 y sludy. they JUSI did it 111 J:11111ary . Mr. Clark s.,id. as he 11nders1:1nds it. there 1s :1 genuine IC\·cl of in1crcst from the mcdic.11 community. but there has been an inab1li1 y 10 1~· 10 get co1111cc1ed as 10 how much market would be there or whether they would be willing 10 comm11. Ms. Hathaway s.,id the backgrouud says 1his rcpon was prcsc111ed to prospective hoccl inves1ors who expressed a gc11111nc level of in1 c rcs 1. Mr. Clark responded 11ml they have a genuine level of interest but 1hcn thcy rc\'c n 10 ncn ous ncss as 10 whc1hcr 1hc markc1 conditions are here. They arc very polite and poslll\e. b111 wc ·vc nc\'cr rcall) been able 10 get 1hc111 cxc11ed and make a full-blown commitment . Add111onall y. \\C·v c had diffi cull)' 111 pro\'lding land lh:11 could be marketed for lhat. Manager of Neighborhood and Bus111css DC\·clopmcm Simpson advised thal it would be the market data that would come 0111 of this sludy lh:11 would help provide kind of that bump O\·er the edge that they arc goiug 10 be needing. He asscncd 1ha1 we do 1~11·c interest . ha\•ing spoken with three hoteliers. 1llC biggest problem as 1h:11 \IC arc not a 1radi11onal loc11ion for hoccls and there is enough oflhose kind of factors . due 10 a \'anc1 y of 1hings in llus community. 1hat has c.1uscd Ibis interest to continue to genenic. HowC\cr. he s.,,d. 11c c:111 ·1 seem 10 be able 10 get 1hc infom~uion that those kind of people are goina to need to get II JUSI over 1hc line. He feels i1 is not Just Cinderella City. but Englewood. that will really beucfi1 from I hi s pi ece of information. • . ... I • 0 En&lewood City C1N1ncil Auaust 5, 1996 Paie25 • • Ms. Hathaway Slated 1ha1 on the 22'"' of July she asked. al a cost savings. can we issue an RFQ for potential holel developers inSlcad of doing a market Sludy . The answer she recciwd back lul 11lunday was .. we'd n:conuncnd conducting a market Sludy . An RFQ in itself is not sufficient to demonslnlc maJtet demand for this paniallar land IISC. llicrc has been a lot of community inten:sl in this issue over the years. The City sho11ld take an aggressive Slance. and demonstrate whether or IIOI a market cxisls ID dial we can put the issue 10 l'CSI. The Sludy c:an aJso serve as a valuable motel/hotel recruitmcal tool serving the need~ in an RFQ ... She said her c:onc:cm is whether we an: expending S3S,OOO jull to ICI clcmognphic:s lhal we probably already ha,-c . She asked if this market 5ludy is going to go~ aad beyond anything we've done before or anything 1ha1 wc aJrcady know about the City of Englewood. its partjaalar business uses. and wh,11c:vcr . Slic questioned whetber we need 10 spend S35.000 to CIOIIIC up with that data. unless its j11S1 10 pul ii O\'Cr the edge for a hotel clcvclopcr saying that this is the one lhillg. this kind m information 1ba1 we Just paid $35.000 for and hopefully won't sit on a shelf. is going to be tbc thing that 1C1S us a hotel . It was noted that the amount of SJ!l.000 was a l~-pographical error. Mr. Simpson said 1ha1 S2!l.t11N1 is the 1101 10 exceed pric:c . He advised that. if )'OU wen: 10 approach tbc issue of looking at this Lind use or this economic: dc\-clopmenl in this program area that we're trying to foc:us in on. from the S1andpoiu1 of going 0111 aud saying lets do a request for qualifications of qualified developers.~-may be back in a proc:css 1ha1 we 're no11he ones who an: co11trolling who we need. how it aecds to happen. and where ii ,lcc:ds 10 happen . We would be in a situation when: the clcvclopcr begins to dic:talc. He said he really believes 1ha1 1he demographic: infonnation is also financial and market related. ud 1s informauon 111:11 staff is not properly ed11c:a1ed in 10 convinc:c and deal with investors that an: going to be looking at 1h1s. Couacal Mc:mbcr Ha1l1:1way asked what ki1id of ac:11~,1 response was r=,'Cd to 1he letter m January 9*'. SIie said 11 docs inc:hidc a lot of lhe 111fonna11on 1h.11 is still going 10 be provided in this particular Sludy, Oilier than upgrade of numbers . Mr. Simpson recalled 11~,, we 1~,,·e one hotelier for sure 1ha1 is \'CrY interested in loc:ating hen: in Engle\\'OOd. He said 1h.11 is Ilic bottom line. 1ha1 he kDO\VS 1ha1 wc do have one and he knows we have talked to thn:c:. He said he can ·1 really answer all of 1hosc in detail tonight. but we do have an indiviclual company 1ha1 is looking. or wo11ld like 10 look. if we had some additional market kind of information. Ms. Hathaway fel11he otlicr c:onc:em is whether we might get some of the particular hold investors or tbc companies who btiild hotels 10 fmid some of 1his feasibility study. and she thought is was wonh puraaing. She said she docs not 1hi11k we should always be Ilic one p111ting up all 1hc money. if all --doing is suppl)-ing market 111fonna11on for IIICIII . Cooncil Member Wiggms agreed . City Manager CL1rk staled 1h.11 we arc 1ry111g 10 get away from the dc\-clopcr-driven analysis and be in a position where any mfonn,111011 we glc:an 1s p11blic infon11a1ion that can be shared. He said if it is Coonc:il's desire. we can c:cnainl) approach 1h1s prospect aiid sec if they want to do it or do an RFQ process. He said 1licy fell 1lns would be a lot qmcker. 11 will be c:lcar who the client is. us. and then:~ be no propnctary or di§(;los11rc 1SS1K.'S or 1hmgs like 11~11 . Also. 1he City could provide 1hc infonnation to any prospca . City Manager Clark staled 1ha1 1f Comic:il is not c:omfonablc they will uy anochcr approach that they arc c:omfonablc nllh. .. • 0 -------------------------.,-------------------------...-------- • t:nilewood Cit,· Council Aupst !i, 1996 Pa~26 ·, • - Mr. Simpson said this is 1101 meant 10 spend money 11~11 we may nOI have. but is based out of an interest that rhe communily has conlinued 10 dcmonS1r:11e on 1h1s land use . He Slaled we believe that it is probably there. Clarion and Associ,llcs believes rhat ii is rhcrc and wc need to get additional information . He said doing RFQ's is ccnainly a way 10 go abour 11 . bur from rhc standpoint of providing a much IIIIIR Ciiy driven process. he said. this provides a more cffcctl\'C approach . City Man.iger Clark s.1id 1his would be a quicker process which could be done in rhirty days. where an RFQ process could rake 1wo or rhrcc months. He rclared 1ha1 the public input indicates quite a bit ol interest in this. up 10 and including rhe possib1li1y of uymg 10 shoehorn this into the Cinderdla City project . Since rhc le\'el of imercSI is so high. eirhcr al Cinderella City or at another sire.. he felt we should go ahead .ind e~-pedite . Council Member Harhaway asked if rhe proposal is 10 hire Clarion and pay them the $25,000. Mr. Simpson said he can take ii 0111 10 anyone else . if rhcy would like . Ms. Hathaway said if staff's feeling is that Clarion is rhc best 10 do this. 11~,1 is line . bur felt ii should be said up front Mr. Simpson opined that wc would be gelling more for our money because we .ire up 10 speed with rhese people. I hey have done market rcse.1rch. We would be asking 1hem 10 do a much more in-depth rcse:irch analysis on this land use . Council Member Habenichl voiced a concern rhat Clarion has already given their opinion. She said the first rime she heard this she rhought sralTwould be doing rhe study in-house . She said she would like to make sure that if it would be done 1hat ii is based just beyond lhe hospital need and the residential need but also ralking about rhe industrial need . rhe need for meeting space in rhe area. and how much would we be utilizing lhe resources of and inpur of rhe Grc.11er Englewood Chamber of Commerce and the Soulh Metro Chamber of Commerce . Again . she said she is a lilllc concerned abour having it done by Clarion because they seem 10 have come 10 a conclusion already . Mr . Simpson asked whar 1hat conclusion is . Ms. Habenichr responded thar the conclusion is that ii should be done off-sire probably . 1hey seem 10 be leaning IO\\~trd rhat . She noted that rhcy have a recommend.it ion . Mr . Simpson smd 11~11 if rhey like he can lake it 0111 and look at other consultants. City Ma,~11,,oer Clark s.1id 1ha1 rhcsc mailers c:111 be discussed in study session . He suggested nOI acting on the issue and s.1id he would come back in I\\O weeks . He s.1id apparently rlicy nccdcd to do some more homework . but rhat rhey 1hough1 rhere \\~ts some expediency and inrcrcst in the idea . He said they need to do a belier job ofprcscming rhis . so 1hey w1ll 1101 go fo1ward wirh lhis withoul bringing it back to a study session . Ms . Habcnichr said ac11~1ll y she \\Ould noc have an y problem vocing for ii if lime is of the essence . She felt staff would rake rhc concerns of all 1he Council Members into considcrnrion . wherher it be Clarion or an ybody else. and said she rhoughr rhey should move ahead with it. Ma yor Bums commemed 1h:u some of 1he public 1hink Council is just mbbcr stamping Skip Miller 's plan. He said 1his ccnamly wasn 't III lus plan and felt !hey could show, by going ahead with some1hing like this. that rhcy arc heanng what people arc s.1ymg about some of rhe rhings they would like to have. either as pan of rhis sue or close 10 11.. He s.ud he has heard about a hOlel like this being talked about for twenl)' years around here . Council Member Harhaway said 1h.n Council will ag,1111 be damned ifrlicy do and damned if they don 't bcc:msc. regardless of wl~II rhe stu~· s:1ys . 1~1lf of rhem :1rc going to disagree anyway . .. I • 0 • Enitlcwootl Cit~· Council August 5, 19'>6 Page 27 0 ,~ • Mayor Bums s.1id he docs not mind going ahead. that he was unccnain how much more a separate study session would accomplish . He said he thought it was something they should look into more. Council Member Clapp asked if we should talk 10 Swedish 10 sec if they arc interested in contributing since they will benefit grc.itly from this . Mr. Simpson said he could ccnainly do that. Council Member Waggoner said one of the major things they will find out from a study like this. and that he did no1 think they were going to sit here and have staff do it. and that is site specific location of plac:es where a hotel should go or can go . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO PROCEED WITH A FEASIBILITY HOTEL MARKET STUDY ON AN HOURLY BASIS, WITH A NOT TO EXCEED OF 525,tltlO. Council Member Wiggins s.1id he is going to vote against it because it is S2HIOO for this study that isn't nccdcd and in his opinion if a ho1cl/mo1el outfit is interested in coming into Englewood. they would have shown an interest over the years on a long time basis. Personally. he s.1id. ifhe was Oying into Denver. the last place he would waul 10 stay is in a hotel in downtown Englewood . TI1erc is nothing that would attract him 10 come to downtown Englewood. he commented. and there is nothing here at all and it is l10I close to a11~1hing per sc . However. when light rail gets here. when and if it gets here. he said. there is a plausibility that people who do 1101 ha\"e transponation could ride 0111 here . He said he feels it is a waste of the taxpayers · money to have a study of this. He said Council Member Clapp brought up a very good point . that the most benefited outfit will be Swedish Hospital. and therefore. he felt they should contribute. Vote rcsul15: Ayes : Na~s : Tiic motion carried . Council Members Vonnillag. Habenicht. Waggoner. Clapp. Burns Council Members Hathaway . Wiggins (b) City Manager Clark rcponed on the status of the feasibility study for a cultural ans center. He referred to a copy of Ilic Fcbmary 20 . I '1% City Cou1icil Minutes in which the Council discnsscd the issue at length. He said they li:l\·e been asked about the CSlimated cost of a feasibility study of that n.itnrc and 1ha1 they arc 1101 sure exactly whal 1he Sludics scope should be . He said he fdt if it is a broad scope . 1ha1 ii is a regional cultural ans ccnler or sonic1hing. it could cost as much as $40.000 or SS0 .000. He recommended 1ha1 the dcc1s1011 be delegated to the n:ccntl~· formed Cultural Ans Commission whether a 111:1rket sludy or a regioaml study should be done. and whether the RFQ process should be emplo~cd . The comnullcc. he said. could then dc\elop a proJCCI scope . budget and time line for completion. whi ch they c;111 bring back 10 Council at a later d.11e . Council Member Hathaway cmpli:1s1Led 1k11 comnicms ni:1dc by Council Member Habenicht at the lime should be incorpor:ned. spccific;1lly 11~11 staff could provide Council and the citi:zens with what a feasibility study will entail so th.11 matching funds c.111 be raised . Council Member Hathaway said she feels tlmt other people should fund this study as well . Slic went on to say that all of the SS0.000 should not conic out of Cit y funds because on Fcbma~· 211 "' I here were some enutics that stated that they would help fund this study . Council Member Habenicht s11gges1cd domg something s1111ilar 10 the 1nouon we just had. authorizing up 10 $25 .000 for a fcas1bila1 y study so that ti~· can get to work. hit the ground running. I • 0 • En,:lcwood Cily Council Au,:vst !I, 1996 Page 28 • • Ms. Ha1haway reminded Council 11~,1 when 1he Cullurnl Ans Commission was fonned, Ibey were lold they had no budget She said she docs nOI wanl 10 au101n.11ically give lhem $25.000. even !hough ii is design.11ed for a fcasibili1y study . She said 1hey should be up and going first . Council Member Habenicht disagreed 1lia11his would be giving 1hem money . Ms. Hathaway thought the Commission should come back with how much lhcy think ii is going 10 be . Ms. Habenicht asked how they can decide bener 11~,11 staff. 10 which Ms . Hathaway responded thal ii says the committee can develop a project scope, budget and ume line for completion . · Mayor Bums asked if staff is available 10 1hem . Ci1y Mmiager Clark responded lhat they are being stalfcd by the Parks and Recreation Depanmelll. He said 1hey can come back and recommend to Council what kind of staffing needs 1hcy have or back to him as to whe1her lhcy want to use an RFQ process or hire a consullanl. He recommend 1he Commission be give111he bro.1dest amount of discretion. see what they come up \\ilh and 1he11 come back 10 you la1cr. Ms . Halhaway asked if 1hey should 1101 necessarily specify a dollar amoum. Mr . Clark said give them the issue and lei 1he111 nm wilh ii. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE UP TO S2!1,0CMI FOR A S!IO,IHICI STUDY FOR A FEASIBILITY STUDY ON THE CULTURAL ARTS CENTER, THAT THE CITY MATCH DOLLAR FOR DOLLAR WHATEVER MONEY CAN BE RAISED BY THE COMMUNITY TO CONDUCT THIS FEASIBILITY STUDY, AND THAT THE TOTAL COST OF THE STUDY SHOULD BE ON AN HOURLY BASIS WITH A NOT TO EXCEED OF S!lll,IMMI. Council Member H:uhawa~· asked if he is pulling ii in 1he hands of the Cultural Ans Commission . Mr. Waggoner said he is. as soon as 1hey c:;111 raise 1he $2~.ooo. we 'll malch ii wilh $25,000 and authorize up 10 a $50.0IKl feasibility study for a cullurnl ans center. Council Member Vorminag asked ~· when . Mr . Waggoner responded as soon as lhc:y raise the: $25.000. Asking for fun her clanfic;uion . Mr. Von11111ag asked wh:u will happen if they don 't get it until two or three: years from now . Ms. H:ul~m·ay smd 1hcn we don 't do a study for two or 1hrc:c: years. Mr. Wagaoncr concurred. adding th:u we had 1hc room full of people oul here saying Ille:)• want a cultural ans ccnrer ud that there: was money available to help fund a study and now he: is saying all right. now is your chuce. We arc au1hori1 .. 111g 11. get s1aned. leis get go111g . Council Member Vonni nag said he would like 10 specify by the end of the: year. Council Members Wiggins and Ha1ha\\a y disagreed . Council Member Waggoner said give: thc:m as long as they need. Council Member Wiggins said he d1du '1 appro\"C 11 bu1 a here: \\-as a Six to one: vote: 10 spend $80,000 IO ha\'C Cla ri on wr11c 1h1s 1.:pon . and 011 page 11 of 1hc rcpon II sa~-s ·a performing ans a:nter would therefore 1101 be ccononucally fc.1s1blc for :1 pm :11e de\ eloper · We: have: our answer. he: said. as far as he could sec and 11~,1 11 ,s another ""Sic of\\l~IIC\er 1he 11u11chanc funds 11 He said at least Council Member Waggoner lu1 s a dccc111 propos.11 ,f 11~ can come up "·uh the ma1ch1na funds.. but even at that its a wuic of ta.~pa~ ers · moue~ 10 spc11d 011 a Slttd~ Council Member Waggoner said 11~,1 \\,IS csscnuall~ for 1hc 511C ~ aad he: ,s IIOI saying for 1his site. but 1.hal II c;u1 i:o any pL'ICC 1111hc C11y of EnglC\,ood Council Mc:mbc:r Halhaway said whether we can have II :tll . .. I • 0 • Ellllewood City Council Allplt S, 1996 Paae29 .. • .. - ... Council Member Habenicht said ii is imponant to recognize Council Member Wiggins' COlll..-tl because she read that. 100. and asked immediately what the basis of their conclusion -. wlull they had studied. what their feasibility s&ud)· had consis&cd of. She said she asked for all of the backpound iafonnation they had that lead them 10 that conclusion. 10 any conclusion on that and all of it was included in one page in the appendix. She felt it was mOSlly jUSI batld on their opiaioa. batld • lleanay, and had nothing to do with any s&udy of any lll8rkct anywhere. anyhow. She said. batld • diat, me,;. wanted to them him know that that was the case. That there was ao basis for their opinion. otbcr ta their opinion. that they could provide no background inforlll8tion otbcr than thal one page wbic:b was woefully insufficient. Council Member Wiggins said that he understands that but they an: the pn,f'eaionals in the field and iD bis opinion there is nothing that would substantiate a adhmll arts CCDtCr in the City of Englewood. He said it would be the biggest surprise in the world if wc could ever all'onl suppon and NII a adtwal arts center in this city. he Slated he just can't beliC\'C it. Council Member Waggoner said one of 1he reasons he \\'OUld lillc to ID ahead with the 5ludy and Fl die dollar for dollar match of funding is because we had a lot of people show up at the meeting wanting a adtural arts center and there arc a lot of locations where it could be placa1 within die City or Eaglcwood. He feds that if the feasibility Sludy comes back and &a)'S a adtural arts a:nter could be successftd and lilll die ramifications of having a cullural ans center and we ha\'c to ID to a vote of the people. He fiDels it sbould ID to a vote of Ilic people. because tlicrc will be some subsidies raiuired ftOm the COlllll.aily, ud al that point wc will need 10 have I hose answers and tell the public. here is what it is Fina to CIIIII )'OIi. let diem vote oa itand if they want it that's linc. let's go with it. But. he said. wc sure need die lllldy to fiDtl OUl what the a>11 is going to be and "1131 Ilic subsidies arc going to be. He noted wc an: a lot ditlen=nt dlan AIVllda or any of the other places and we jUSl need to ha\'c mmc amwers. becaUle they an: FiDI to llecp bounding us and hounding us alld hounding us . If we don·, Fl the answers they an: aot Fina to be satisfied. Council Member Hathaway said that ~· puuina ii out as a challenF grant it will alao aet Ille people wllD an: indeed truly inlCl'CSlcd to 5lCp up 10 the plate. put their money where their mouth is. such • dleJ 111w done with the fireworks. the bookmobile and the parade. She Slaaod thal she wholeheanedly 11!pp1111S doing ii this wa~ because then ~'OU h,n-c an indic;ation of bow much illlelal there is. By n9*biDa tlleir S25.000. Couacil can ackno\\icdgc their intereSl and 1110YC on . Ms. Hatlln'II)' said Ille tllim tllis ii a FOd way to do it. Mayor Bums agreed. S8)'ing he has lte\'CI' bcea api• the cultwal arts cc-, idea ha die--. llat fiDels we do need a s&ud)· and this ";11 acacratc: support sucll • ii is and we Cllll ftad OIII llow -=II ftnancial suppon thcl'C really is OUI there. COUllcil Member Hathaway commented that ,1 .. will kind of p ,-an illlliatlioa of IClllc 11n1 fiaucial supporl • well . TIie llltllion carried. Council Mcmbcn Hatlln'II)', Ymfflitlal, Habenichl. w...,._, Clapp.Bums Cou11cil Member Wigim • •••• • Enclewood City Council Au&Ult 5, 1996 Pa~JO · .. • • <. Mayor Burns DOied 1ha1 Ibey signed a lctlcr al Sludy Session with regard IO lhc: open space issue. 1bc: signing of that letter needs 10 be approved. COUNCU. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE THE SIGNING OF THE LETTER TO THE COUNTY COMMISSIONERS REGARDING THE OPEN SPACE ISSUE. Ayes : Nays : 1bc: motion carried . Council Mc:mbc:rs Ha1haway, Vonni1tag. Wiggins. Habenicht. Waggoner, Clapp. Burns None Cily Attorney Broczman had no mancrs 10 bring before Council . 15. Adjaal'll-t .. .. I. • 0 1 J2xl • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Au,:ust 12, 1996 I. Callto Order 1be regular mccting of 1he Englewood City Council was called to order by Mayor Bums at 6: 13 p.m. 2. Invocation Tiie invocation was given by Council Member Wiggins . 3. Plcd,:c of All~iancc TIIC Pledge of Allegiance was led by Mayor Bums . 4. Roll Call • Present : Council Member.. Ha1haway, Clapp. Wiggins. Habenicht. Waggoner. Bums Absent : Council Member Vonnittag A quorum was present. Also present : Ci1y Manager Clark AssiSlant Cil)' Attorney Reid Ciiy Clerk Elhs Din:ctor Gryglc",a-Financial Services S. Onlinuccs (a) Approve 011 Second Reading COUNCIL MEMBER HATHAWAY MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM !I (a) (i) -ON SECOND READING. (1) ORDINANCE NO 13. SERIES OF 1996 (COUNCIL BILL NO . 40. INTI!.ODUCED BY COUNCIL MEMBER HA THA WAY) AN EMERGENCY ORDINANCE AMENDING TITLE 5. CHAPTER 7, SECTION 10, OF TiiE ENGLEWOOD MUNICIPAL CODE 1'>115 AND WHICH REMOVES CONnACTOR LICENSING FROM ORDINANCE NO . 2S . SERIES OF I'>"<• WHICH PERTAINS TO TiiE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD . COLORADO . Voce re111l11: Ayes : Co1111c1I Mcmbcn Hath.iway. Wigins.. Habenicht Wagoner, Clapp, Bums Nays. Abscnr None Co1111c1I Member Vormitta& I • 0 • Englewood City Council, S11t.-c:ial Sc!l.,iun Augult 12, 1996 Page 2 Motion carried. 6 . Raohltioal (a) Approve on FiBt Reading • • .. (i) Director Gryglcwicz presented a recommendation from the Depanmeat ol Financial Scrvi1ZS to adopt a resolution establishing f!ZS for licenses and ccr,jflCIICS al regilbalioa filr contraclOrs. He advised that the only change. that was made to the chaplcr that wasjull brougbl OUl oldie moratoriwn. was the way the fees arc set . He c.~lained that this resolution sc:u the fees and die fea arc exactly the same as they have been . Mr. Gryglcwicz noted that the fees will probably be under rmew again next year . In response to Mayor Bums. Director Gryglcwicz confirmed that the fees have not changed at all. that they arc e:~actly what they were and they will look at those fees probably in a year. during the budget process . The resolution was assigned a number and read by title : RESOLIITION NO . 69. SERIES OF 19% A RESOLIITION ESTABLISHING FEES FOR LICENSES AND CERTIFICATES OF REGISTRATION UNDER Tl11.E 5. CHAPTER 7. OF THE ENGLEWOOD MUNICIPAL CODE 19115. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (1) (i) • RESOLUTION NO. 69, SERIES or '"'- Ayes : Council Members Hathaway. Wiggins. Habenicht. Wagoner. Clapp. Bums Nays: None Absent: Council Member Vom1it1ag Motion carried. Council Member Habenicht said she just \\'llnted clarification. that as this had to be YOICIII on unani-.sly. that it is okay that it has been apprG\-cd unanimously by those prclCIII . Council Member Hathaway and Mayor Bums confinncd 1hat ii has 10 be unanimously approw:d by 1hmc pr'CIClll . COUNCIL MEMBER HATHAWAY MOVED TO ADJ0UllJII . The meeting adjourned a1 6 : 17 p.m. . ' - .. •· 0 0 0 .. - PR OC LAMATI O N WHEREAS , o ur F oundin g F a ther s, in orde r to sec ure the bl ess in gs of lib erty fo r them selves a nd the ir posterity. did ord a in and es tablis h a Co n stitution fo r the United S t ates of Am e rica ; a nd WHEREAS , it is of the great est importance tha t a ll citizen s full y unde r stand th e provi s ion s and principl es co nta ined in the Co nstituti on in ord e r t o s upport, preserv e, and d efe nd it a ga inst a ll e n cr oa chme nt; a nd WHEREAS , the two hundred a nd e ighth a nnive r sar y of t h e s igning of the Con st itution provid es a n hist ori c opportunity for all Am erican s t o realize the ac hi eve me nts of th e Fra me r s of the Co n stitutio n a nd the rights, pri vil eges , a nd respon s ibilities it a ffords; a nd WHEREAS, the inde pe nde n ce guar a nteed t o Am e ri can citize n s , whethe r by birth or n a tura li zati on , s h ould be ce le bra t ed by a ppropri a t e ce r em oni es a nd activities durin g Co n stitution Week , Septe mb er 17 thro ugh 23 , as d esignat ed by proclam a tion of the Pres id e nt of the United S t a t es of Am e ri ca in acco rd a nce with Public La w 91 5 ; NOW THEREFORE . I , Thomas J . Bums, Mayo r of the C ity of Engle woo d , Co lora d o, her eby proclaim the week of September 17 through September 23, 1996 as: CONSTITUTION WEEK a nd urge a ll cit ize n s of En glewoo d , Co lor ad o t o re fl ect durin g thi s week on the ma ny b n efit s of o ur Fed e r a l Co n s tituti on a nd Am e ri can citizen s hip . G IVEN under my h a nd and sea l this 19th d ay of August . 1996 . 1 ~ ' --------:=----------,__.-------:--~-....-.i • • • 0 I • • PROCLAMATION WHEREAS , our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America ; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all encroachment; and WHEREAS, the two hundred and eighth anniversary of the signing of the Constitution provides an historic opportunity for all Americans to realize the achievements of the Framers of the Constitution and the rights, privileges , and responsibilities it affords ; and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23 , as designated by proclamation of the President of the United States of America in accordance with Public Law 915; NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of......._.17 tbl'Olllb S.,t1...,_. II, 1118 as: CONSTITUTION WEEK and urge all citizens of Englewood, Colorado to reflect during this week on the many benefits of our Federal Constitution and American citizenship. GIVEN under my hand and seal this 19th day of August, 1996. Thomas J . Bums, Mayor - I . ' PROOF OF PUBUCATION THE ENGLEWOOD HERALD STATE OF COLORADO ca.NJYCFARAPAHOE l· '· GMatrl J. ,..,. do solermy --hi I am h Aaltiww Md A'*'-d lhe El.........,Hnld ......... a~~ p.tJlatm in .. ~ of Ullelon in lhe Co&ny of ...,_, Stale of QaaadO . and hall a Dlf*III ~ hrllh; .. said l19Wlplpii ... been published continuously and ~inlllidCc&nyd ....... for a period al 111D19 IWI 52 Wiila ptar-, .... IUlb*ln al .. arw*8d nab, .. said '*"PIP-11 lrlnd in .. ftClll Ob al~ aia.,, • larld clau mail matter and that the said newspaper Is a newspaper wlhln the meaning of the act of the General Aaaembly of the State of Coloirado, ~ March 30, 1923, and MIiied 'tegal Nott:es and~ and other acts relating to the printing and publishing of legal notice and waa IM)lshacl inh~R ... _,.o, said 111W11p1pei, ora ea:f'I WNk. on .. Slmldayal-=tlweek. -3 for a period of ... ·······•·····•·······•···••••••••• consecutive Insertions : that the first publication of said notice waa In the -rr said dated ........ 1.. ................... ,s'l.J, lall,i{,blclllon of Mid nob of said newspaper ~ .. J ..... ,~J., • • ENGLEWOOD · MmCICll'-..C-··· -··-..... -•car CGuNilal .. CIIJal~~ .. _ .... __ ING THE WHOLE COST OF 1'111 ~-----........ TIii Ill\' OF ENGL£-. COLOIIMO; --CCINF-1'111 --OFTNICOSl''IO E.aCH I.Or CII TIIIICTCII' ~ •-DallllCT: _A_Cll'TNI ~we--:r...=.:e..a:.n:: I ::: ='===.r.,:· ! -."'9.c:.;-...::.:t..~. , .,_al..,.._ ao,-----·""' --....... ~ ::;::-...:..--.':-ci,.iir; I ... , ...... .._, ...... --==~cio:..-===s.."": ---··••! -.... -... -. I ., -...... E...-ca, I CGuNil. .._,._ a..CIIIC c:.va1r.':'~ I ----~~ ... ,. ='"""-.......... ~-- • .. • , ~, ( I I I • • ' ,.. CITY OF ENGLEWOOD COLORADO PAVING DISTRICT No. 35 (NAVAJO TRUCK ROUTE) .. PUBLIC HEARING AUGUST 19, 1996 --- ' .. . . . • •. • ---------------. • • ·. • PROPo8ED SCHEDULE FOR COIIPLEnoN OF PAVING DISTRICT NO. 31-NAVAJO ST. Monday, July 1, 1996 Thursday, July 4, 1996 Friday, July 5, 1996 Thuraday, July 11, 1998 Thuradlly, July 18, 1996 Friday.Aug. 16, 1996 Monday.Aug. 19, 1996 Tuesday,Sept.3, 1996 Thul'lday,Sept. 5, 1996 Monday, Sept. 16, 1996 Thul'lday,Sept. 19, 1996 Sunday, Oct. 20, 1998 Monday, Oct.21.1998 Friday,Nov .8, 1998 Tueaday,Nov . 12, 1998 \Nedneeday,Jln . 1, 1997 Bil for Oldil • ice 1111 lling coeta and vala calling for public hearing . Bil for ordia ice wlh lilt ol 1111 nn• Ila and Notice of Public Hearing publiahed tlrll llme. Notice ol o.r.n.cs A11111me11t Plan. Second SNIMcation ol Notice ol Pubic Hwlng. Thrd SNIJblcatio,1 ol Notice ol Pubic Hwlng. Lat day for .... ""*-· DNcline: 5:00 p.m. Public hNring on 21111a1•11a. Coneider ....... to bl for ordinance. Publlah bl for ordlnalce In final form If MCNlary. Notice ol Der.nN A11111me11t Plan . Consider ordir*'C8 on final '9adlr,g. Publllh • an onllaice, by tille. Onita ice In full~ and eftlct. Lat day for~ dllcount ID be..._ on full or partial peyntellt. Dl1111it»: 5:00 p.m. lat day for payntellt ID be ac C lplaid Ill Cly Hal. Certify •• • • ····-roll ID Arapahoe Ccutty for CDlledion . -. • j I ~ . . I ~ i r • • . . PAVING DISTRICT NO. 35 •. • ' . ~ . . . • ; • • lVPICAL ENGLEwooo INDUslRIAl. PAVING SECnoN PAVING DISTRlcr No. 35 \IC & G W/4' 5idewalc ...... YC&Gw,4·~ ~ Nolia: No liC:lewalk .. CDnllluctac:, Nolt: 1te ... CClnllluct9d on-...,._r:ANcM:$:,~ 11·_.,~ ~. Oicrora • Quhcv. ESPWJEn •HT er nos fMl ow er s Bil AJw,g • hculllaf IIClcn ---.. leClor'I Cane-.. "9flcU CUb. ~ "9flcUCUt) ·~--.~ ..... #' "9flcU CU1b & ~ ... ~ ..... 6. 9ttEDem Bil ow ewnem ~7.10lan, tac, S22.10lan, tac, $10,«.onttac, $11.lltr'lan, loot $3>,8-antfoot .... . ._ KEY II COST TO OTY AT LARGE II COST DISTRIBUTED Tl-fDJlH 2D£S • ANY SI~ STREET ASSESSMENT ( PA/ING ONLY) 501 REAR ZONE I-Ill 501 REAR ZONE uJ ~ t; 111• • I 501 REAR ZONE ! Ii ~ ~ 25' COST 251 COST 501 REAR ZONE X 11 liil I I ~ PAVING COST ~ 1111 • I 501 FRONT ZONE ?,c, PAVING COST I MNUE , ,. Industrial $336.61 Re•idential $202.68 Industrial $336 .61 Residential $202.68 Industrial $673 .21 Residential $405.36 Industrial $1346.43 Residential $810.71 Industrial $37 .70/ff Residential $22.70/ff ,· I . , . ... ··J • .. "t .~ . . ' , • ·, • ASSESSMENT DATA PAVING DISTRICT No. 35 SECTION A (&nessable) Contract construction Originally AINIMd Adjust for~ 1'9Visions' aublotal NVINd -tHIMilla $509,807.86 $-3,509.99 $508,297.87 TOTAL SECTION A MOl,217.r, (Includes contiigencies and in18reat O 8.5%) SECTION B (City responajbffity) Contract construction Preliminary & construction engineering Construction supplies/ materials Equipment/fuel Office supplies/postage (eat.) Legal advertising (est.) TOTAL SECTION B TOTAL SECTIONS A & B $39,200.00 $54,500.00 $300.00 $500.00 $3,000.00 $3,500.00 1101 ••• 00 ' NOTE : The u1e11111e1111 on four propenies (4635 S. M1ripoa Dr., 4655 S. Mlripoa Dr., 1450 W. Tufts Ave., and 1460 W. Tufts Ave .) were reduced 6-• iDdlaial NClbi IO a rwi11 lllial IICdan. a c _. • ......._.,. .,..w.._w._....,.. -........ .. TO: Flt.OM: DATE: ,.. . " • <, MEMORANDUM Mayor Bmns and Members of Englewood City Council Paul Kapaun, Field Operations Administrator, Public Works Department August 15, 1996 SUUECT: PA VINO DISTRICT NO. 35 (NAVAJO) ASSESSMENTS Shortly after the original asaesmxnt notices were lllliled to property owners included in Paving District No. 35 (Navajo), we dilco'Vaed that four residentially zoned properties were inadvertently assessed at the rate establisbcd for indumial properties. Corrected assessments were immediately cak:uJaled and dislributed to the four affected property owners. Three of the property owners were coatac:tecl penoaally; the fourth property owner was not available and the corrected asmnlfflt was delivered by certified mail. I am attaching copies of the oripnal and corrected asc: 11111m1S for yOID' review. /lw Attach. . . • •. • PDt35 AIIIHIMIII Revillonl 7151'6 .... PPI "·--A.61,-"--at "--· -- "-· V-S. A Miry. Jt Ten 1460 W. Tufts Aw. 2077-09-1-17--003 Ens~ CO _.,IIO.SS)6 $4,004 .00 $2,804.00 ---- E ..... Willian R. A Zoll Fem. Jt Ten 1450 W. Tllfts Aw . 2077-09-1-17-013 EllpWIIOd. co •110.ssJ6 SS,492 .29 $4,061.41 Bil*ley, Vate A Dlllara 4635 s. MlrilNa Dr. 2077-09-1-I 7-012 ~co •110.sm S1,6SI.IO S991.IO ....... a.a. • .., 4655 s. Mlltpea Dr. 2077-0,.1-17-010 e..i •co •110.ssu $561 .30 $342.19 Sll,723.lt Sl,213.41 S509.I07.16 $506,297.17 Page 1 • "--· oorer- $1,200.00 $1,423.88 seeo.oo $229.11 $.1,519.M r Nola Total Total"--at jdlNJ6 3:49PM I I . 7 , • I i ~rl> Jl.flJ'i J.f 'ji 'i r 1"11~ i' · 1 !J I i i J 111-~ f ~ 11 11 t , • I J :s 1,fi J t!11 ~i !fi! ~ · "P1.1 1 r1u 101111 h ·'1 u 1 111 · f l •f !1tlfh ~;I i:I 11! I dh ilJiaI1l Jd 1 1& , i, t!1::: ·-I l 1!J I :!I 11 . I 'l11 'fi ! . ,,... I ~ I t ti! l!~fl,li Ir I ii 1 f ,!~i ~ iJ 1! '~ .. , .. r •u 1Hfii! i!;t t~ Iii I 11~ ti •n1ii ;!11 -• ,~, I• ft( •jl11ti ,~,! !11 ff~ tlffg[ f;I! Ill , • U! .y ~ 11· 9. I . I ffl 8 .. i 111 I > • m z 0 m 0 > en . en m en en • m !i :,H! ,~ mp~~ i I . ~ .",,,. -. · .... City of EnglewOOd Puauc WORKS DEPARTMENT July 22, 1996 V erle and Deborah Binkley 463S S. Mariposa Dr. Englewood, Co . 80110 RE: Paving District No. 3S (Navajo) Dear Mr. and Mrs. Binkley: • • 3400 s. Ellll It E11gl1 WCI, Cal Phana (3D3t FAX (303t It has come to our aaention that our f.nameerina Division inadvertently ISleSled your street improvemcms at a me desipated for iDdustrial 111eet improvanems rather than residential street improvemems. Pleae refer to tbe enclOled assessment letter sbowina the corrected assessment for yow property at 463S S. Mariposa Dr. Engineering staff will correct this error at tbe Public Hearin& scheduled for Au,ust 19, 1996. You do not need to be paent al tbe Public Haring, but we encoura,e you to attend if you have additional conmMiib or qua&ions. We apologize for any inc:oawnience Ibis may bave c:aulld. Please call me al 762-2500 if you require Nrtber-information. Very truly Yours. Charles R. Eslcrty, Director Public Works De.-llbeut /lw Encl . .. "Wondng far you .• .. . .. • • r- L • Julys. 1996 City of Englewood aNG.EY, V!IILE & DHORAH 4131 S. IIARPOSA DRIVE !NGLEWOOD, CO I011CM513 Deir Property Owner: <. • • 3.ao s. Bai s... ena--. ~ 80110-2304 Pho,,e (3113) 7112.2300 (3113) 7112.2301 FAX (3113) ,._,125 The messmcnt roll for Pivin& District No. 35 (Navajo SL) is -oa file in lbe Office oflbe DinclDr ofFiDacial Slrvices at 3400 South Elati Street. En&Jewoocl. Colondo. Accordina ID lbe --roll, die W ~ apinst the following desaibed propeny, which you -lislled • owniq. is $1,III.IO far---pavin& improvements at: Situs address: 4131 S. MARIPOSA DR. Lepl description : SLY 100 FT OF NL Y 211.7, "OF Pl.OT 13 BELL ISLE CJDNS Tax Schedule No .: 2077-09-1-17-012 (Please include !his number widl all paymems.) A public hearing on the assessments affectin& all concemed propcnies will be beld oa Monday, Auaust 19, 1996 at 7 :30 p.m. in the Council Chambers ;it Englewood City Hall, 3400 South Elati S.... (See cleails leplly advertised in !he Enalewood Herald on July 4th. July I Ith. and July 11th.) Wrillen proleltS will be received umil 5:00 p.m . Friday, Aupst 16, 1996 in the Office of the Director ofFinancial Services 111d will be coasiclered • die Monday, Auaust 19th meeting . If any portion of !he assessment is paid prior to S:00 p.m. Monday, Ocrober 21, 1996, a five pll'Cllll (5%) dilc-r on dw portion will be allowed . P:a!'•nts ••!' be ll8de la penoa or ..W • die Calnl c....._. oftlce .. City HaJL .WOO S..dl Elati Stner. Eaalewood. Colorado, •111. ....... lie •n • wrtla ,-r Tu ScWale No. oa yo•r cllec:k. Any pan of the assessment nor paid by S:00.p .m. November I, 1996, will be cenifted ID lbe Anplboe County Treasurer for collection by l!is office durin1 lbe DeX! ten ( I 0) >-1 in -i principal ~ plus 6.5% interest on the unpaid balance . Such payments will be due 1111 Jmuary I, 1997, far die tint~, ad J-.y I ofeacb succeeding year. The 1997 payment will n« include......_ aldloup .,..._. yaos' payw will. A Special Assessment Deferral Program is available to elipble cilizms in Pavma Dillricr No. 35. S-ofdle eli&ibility requirements concern ;iae . disability, .-md &INCi. Applicllicma -be IUIDillld willliD 60 *Ys of final publication of the assessment ordinance, i.e . no Iller dim Novanber II, 1996. Pi-camacr Jall Grimmlll • 761-6200 for funber information on the Defernl Propma . If y011 llave ••Y qaesriou about roar --c.,.... _ ... die,.. Wertia o.,.na.c .. 762-2511. Sincerely, , ---...... ~,,.:, .. :) Financial Services l: c-..:.: I • • -- 0 • f i ~li.j 11]1 iii J.f '~> r !if 1°1-f' i . , ~ f ; ll-:1' le: .. · a i J i J.1. . ~1 ~ l I ill f '=• 11 ! · . l t I ( i ! J r a· ! '.!I · .. r i J .. I I; ~t ri i ~' ; ii a ~ f · "I 11 f I I !f 8 ~ 11 s=' !111 r ' ,, , 1 ~U• h!i 1 1 h 1:11 ur1 111 I i:IJ· ti ta 11 r jf 1 ° ;e · .f: li;··,·i 1,111,~ 11.1 Ii l 1g ~ i i • f • , ... '! 11 (•a( le 1i1. l '11 Hh!"J !J i ~e iJ: ! i't uij;U hU hi JI! z ;.Ji f !!~1,H a.J rt au .u I -1· · 1• •:-.. ,,1 &:!I§ I' i •n I J ,U! lri• I;~ ! ! I 'I' I 1li1 1 ' • 111 -1P ,i, I · t: J J r rJl ' · s: i! I ' I a ru i;l ''•j 'f'i I! l 1, I It .:;h•I hh ~ Ill • ~ I 91 ,1 ,. • 1 1 ~ n ! "J ~ :. -I; ; 1 8 .. i 11~ I > I: m z 0 m 0 > en en m en en I: m z -I I ffl ~/ mi'~ mp~~ i r I m •. ~ ... ; . .. • .,------------~----......,.....~-----.,...._- City of Englewood PUBLIC WORKS DEPARTMENT Eiigi~ ...... SlrW...._•a July 22, 1996 Eldon and Betty Nelson 4655 S. Mariposa Dr. Englewood, Co. 80110 <. RE: Paving District No. 35 (Navajo) Dear Mr. and Mn. Nelson : . ,. • Fllalllarlaww IMcllng ..,.._..,.•-•-a-3400 s. Ellll S Elill,II DDd,Cc PhDnl (303I FAX (303 It bas come to OID' attention that our f'.nai..,.,.iaa Divilioa imdva1mdy aaeued your street improvements at a rate daiplled for indullrial w imp.owmeaas rather than resideorial S1reet improvemenll. Pleae rm to die mc:loled n 1 1 m:cnt leuer sbowin& the corrected assessment for your property • 4655 S. Maripola Dr. Enameerma staff' will correct Ibis enor • die Public Hemaa ICbeduled for Auaust 19, 1996 . You do not need to be praem at die Public HeaiDa, but we eacomaae you to attend if you have additioaal c:o111111fflb or quatiom. We apolopze for any inconvenieDce Ibis may haw caad. Pleale call me• 762-2500 if you require further infonmtion. Very truly yours, Charles R. Esterly, Director Public Works Depanment /lw Encl. "Woridn; tar ycu •• •. .. I· • Julys, 1996 City of Englewood .., ION, ELDON & BETTY 4111 S. IIAM'08A DRIVE INGLEWOOO, CO I0111M113 Dar Property Owner: ' • • L• • ,.. :,eoos .e.s-eno--. Coioraao ao ,, o-230' "'-1303) 712.2300 (303) 712 .230 , FAX (303) 711-, , 25 The -roll for Pivin& Disaict No . 3S (Navajo St.) is -oa file in lbe Office oflbe Director ofFinancial Services at 3400 Soulh Elati Street. Eq1ewood. Colcndo. Acc:ordiq to lbe anamem roll. lbe -ount uscsscd apinst the followin& descnbed property, wbic:b you are listed• ownin&, is Slll.30 for concrete and pavin& improvemen11 at: Situs address: 4111 S. IIARl'OSA DR. Lep1 description : Bl!G 211.74 FT SEL Y ALG l!L Y ~ PltOII NE COR Pl.OT 13, TH SEL Y II FT TH WI. Y 1114 FT TO N LINE OF Pl.OT 13 TH NIIIL Y II FT, TH l!L Y 1114 FT TO BEG BELL ISLE GDNS Tax Schedule No .: 2077.-.1-17~0 ("-include dais mablrwitb all paymenlS .) A public harin& on the ..--affeClin& all -. propenies will be held oa Moaday, Aupst 19, 1996 11 7:30 p.m . in tbe Council Cbanben • Eqlewood City Hall, ~ Soudl Ellli SO.. (See details teaaJly advertised in the En1lewood Herald cm July 4«b. July 11111. md July Ilda.) WrilND prolllll will be received lllllil S:00 p.m. Friday. Aupst 16, 1996 in tbe Office oftbe DirsaofFiaacial Servicesmd will be considlNd •tbe Monday , Aupst 19th meeun,. If any portion of 1be ·-is paid prior to S:00 p.m. Moadly, OclDber 21, 1996, a the parcm (S%) discount on dial portion will be allowed. Pa,--, a._. la,._ er ..... • .. C-.1 C t I rial offlee ac City Hall. 3411 s-dl Dad SU-. Eaate•-. C........ •111. ..._ .. _.. 11 Wltll ,-r Tu ScWu No. 1111 yoar dledl. Any pa, of lbe am_. not paid by S:00 p.m . NOii 1all H I, 1996, wiD Ill califild 110 lbe Arlplboe ~ T-for collecuon by bis office .... • mKI • (10) yeas ill -1 prillcipll .-,-. plus 6.5°~ imerest on the unpaid balance . Such pa,-wiD Ill._ on Jmay I, 1997, for die tlra )'a', ad Jauary I of each succeedin& yea-. The 1997 payment will not iDcludl .... aillloap I Jll 11 , ... yeas' payw will. A Special Assessment Defffl'II Propm is available to elip,11 cilimB ill Pa¥iq DiMriCl No . 35 . S-oftbe eli11bility requirements conc:ern •· disability, .-md-. ApplicaliOlll 1111111 be lllllmillld widlia 60 days of ftaal publication of the aumment orclinlnce, i.e. 1111 tar dim Novanber 11, 1996. Pleae CmDCl .,._ Grimmelt 11 761-6200 for fllnher infonnalion on tbe Defeml Propm. If ya llave uy qwdoa aboel yoar r PYlll1., ...... _._. * P1llllc Wortia .,.,...._, 11162-2580. Sincerely, . . • ' ' I. 0 1 32xl • • ·, • <. AMENDED ASSESSMENT July 23, 1996 City of Englewood B..DREDGE, WILLIAM R. & ZOLA FaN. JT la 1• w. TUFTS AVENUE l!NGl.eWOOO, CO I011CM131 Dar Propeny Owner: :MCIOS .S..,_ Englallaad. CalaradD (111110-230' "'-(D) 7112·23ll0 (31D) 7112-2301 FAX (311:1),a.1125 lbe-lllllelltroll for Paving DisttictNo. 35 (Navajo St.) is-CIII file in dleOfflce of die DnaarofFiamcial Services • 3400 Soudl Ellli Slreel. Eqlewood, Colondo. AccordiD& till die •• nm-, roll, die w llNlled apinst the followin& desaibed propeny, which you ae tilled• awniD&, is k,Oll.41 far canc:ra md pavina improvements 11: Situs address : 1480 W. TUFTS AVE. Legal description: NLY 111.1, FT OF PLOT 13 IIB.L ISLE GDNS Tax Schedule No .: 2077-0l-1-17~13 (PleaR include Ibis lllllllblr wilb all paymems.) A public hearing on the assessments affec:lin& all concenied pn,pen:ies will be beld on Monday, Auaust 19, 1996 • 7 :30 p.m. in the Council Cbmnben • Eapewood City Hall, 3400 Soudl Ellli sir.. (See clllails leplly adwniled in the Englewood Herald on July 4Ch, July 1 ldl, md July 11111.) Wriam pramas will be naiwd mlli1 S:00 p.m. Friday, A1111151 16. 1996 in the Office of the Direcror ofFilacial Services and will be c:amidend a the Monday, Aupll I 91b meeting. If any ponion of the messment is paid prior till S:00 p.m. Madly, Oc:tlDber 21, 1996, a five perc:mt (5%) discouDt on dlll ponion will be allowed. ,.,_.-,Ill_. la,._ or 11111111 tD .. C-... ~.m.atClly Hal, Jal Solldi Elad Street. lap• .... ~ •111. Plwa 1111 .... • wrM1 ,-r Tu 5cWIIII No. oa yoar dleclL. Any pan of the eNSIIINlll 11111 paid by S:00 p.a.~ I. 1996, will be Clllified to die Arapaboe Couniy Treasurer for collection by his office duriq die Mil• (10) ,-sin-. priDcipal pay11111111, plus 6.5% illlerest on the unpaid balance. Sucb paymems will be due ma Jaaary I, 1997, far die ftra yea-, IDd Jmuary I of IICh succeedin& year. The 1997 payment will not illclude ---. a1dloup ~ yeas' paym11111 will. A Special Assessment Defen'al Propam is available till eli&J'ble cirimls in Pavia& Dillrict No. 3 S. Some of die eli&ibility requirements concern qe. disabiliry, income mc1 .... Applicalions must be submiaad witbin 60 days of final public:arion oflhe useument ordinance. i.e. no ._Ila Novenber II. 1996. PleMe COIIIKt Janet Grimmett at 761-6200 for further informalion on the Deferral Proarn, If you llave any qaestlou about your_..., pllae -IK1 .. Pablic Woru Dlpartaat at 762-2500. • .. I. 0 1 32xl • City of Englewood Puauc WORKS DEPARTIIENT <. • • • .... Tndllc FINl...._aw luldng ...... ICil 34CIO S. e.t SI EnglNaod, Cal Phane (303) FAX (303) July 22, 1996 William and Zola Eldredge 1450 W. Tufts Ave . Englewood, Co. 80110 RE : Paving District No. 35 (Navajo) Dear Mr. and Mrs. Eldredge: It has come to ow attention tlw our Enaineerina Division inadvertently aueaed your street improvements at a rate clesipated for induslriaJ SIIIICt improvements ndler' than residential street improvements. Please rd'er-to the encloted 111 nment letter showing the corrected assessment for your property at 1450 W. Tufts Ave. Engineering staff will correct this error at the Public Hearin& ICbeduled for Aupst 19, 1996 . You do not need to be praent at the Public Harina, but we encounae you to attend if you have additional comments or queslions. We apologize for any inconvenience this may have caused. Please call me at 762-2500 if you require further information. Very truly yours , Charles R. Esterly , Director Public Works Oepanmcnt /lw Encl. "Wonun; for you.· g ,~ I· ----------------------------------------------~------ • • ·, • '· July 5, 1996 City of Englewood ELDREDGE, W1LL1A11 R. & ZOLA FERN, .tr TEN 1480 W. TUFTS AVENUE ENGLEWOOD, CO I011CM131 Deir Property Owner: 3.ao S. Eld S- Er,viewood. Colorado 80110-~ Pt,o,,e (303) 792.2300 (303) 782-2301 FAX (303) 7'19-1125 The assessment roll for Pavin1 District No. 35 (Navajo St) is now on file in the Office of the Director of Financial Services at 3400 Soulb Elali 5creet, EnsJewood, Colondo. Accordiq to die -.at roll, the amount assessed against the following dcsaibed propcny, which you are listed • ownin1, is 11,412.21 for concmc and paving improvements at: Situs address : 1480 W. TUFTS AYE. Legal description : NL Y 111.74 FT OF PLOT 13 BELL ISLE GDNI Tax Schedule No.: 2077.ot-1-1Nl13 (Pleee include this number with all payments .) A public hearing on the usessments affec:tin1 all concerned propenies will be held on Monday. August 19. 1996 at 7:30 p.m. in the Council Chambers II EnsJewood City Hall, 3400 Soulb Elali Saeet. (See defails legally advertised in the Englewood Herald on July 4th, July 11111, 111d July 11th.) Wriaen prolalS will be received until 5:00 p.m . Friday, AIJIIISl 16, 1996 in the Office of the Director of Financial Services and will be cmsidered II the Monday, Aqust 19th meeting . If any portion of the assessment is peid prior to 5:00 p.m. Moaday, Oc:toblr 21, 1996. a ftve percent (S'le) discount on that portion will be allowed. Payanll _,be ... la pe.-or ..W 19 die C•cnl C&Aierial office at City Hall, 3400 So• .. Elad 51...a, ~ Colorado, NIii. ,__be..,. 19 write yoar Tas Sclled•le No. oa yoar clleck. Any part ofthe lSlelllllent not paid by 5:00,p.m. November I, 1996. will be certified to the Arapahoe County Treasurer for collection by his office durin1 the next ten (10) yeas in -ual principal payments. plus 6.5% interest on the unpaid balance. Such payments will be clue on Jmuary I, 1997, far die ftnl year. and January I of each succeeding year. The 1997 payment will not include inlerest, ahboup Sllblequent yan' payments will. A Special Assessment Defeml Proanm is available to eliaible citizens in Pavin1 Disaia No . ;s. Some of the eliaibility requirements concern ase, disability, income and aueu. Applic:alions mllll be submined within 60 days of final publication of the assessment ordinance, i.e. no Iller thin November 11, 1996. Plelle contact Jane( Grimmett 11 761-6200 for further informllion on the Defeml Proanm. Ir yo• luive aay q•esdou abollt yoar -•nt. pleat -IHI die Palllic Woru Depertanc al 762-2500. Sincerely , ~~~ Fl"lllk GrY1lewicz, Director Financial Services .. I· • • • (. AMENDED ASSESSMENT July 23, 1996 City of Englewood PORT!R, VERNE S. & IIARY, .tr T!N 1• w. TUFTS AV!NUE l!NGLEWOOD, CO I0111M131 Dar Property Owner: r 3400 s. Ela S... EnglNaocl. ColaradD .,, ,~ "'-(3031 792.2300 (3031 792.230, l'AX (3031 ni.1125 The IIICSSIIICDt roll for Pavin1 Dillrict No. 35 (Navajo St) is now aa file iD die Office ofdle 0..-ofFilmlcial Services • 34'00 Soulh Ellli Slreet, En&Jewood. Colorado . Accordiq ID die 111111111mt roll, die W ~ apinsl die followin& delcribed property, which you are lisred • owninl, is 12,IIM 00 far_. llld paviD& improvemems 11: Situs address: 1-W. TUFTS AVE. LepJ descriprion : LOT 12 IIELL ISLE GDNS Tax Schedule No.: 2077-0l-1-17-403 (Please include this number witb all paymems .) A public haring on die auessments affectin1 all concerned propenies will be held on Monday, Aupst 19, 199611 7:30 p.m. in lbe Council Chlmbln • Enprwood Ciiy Hall, 3400 Soudl Ellli Slnel. (See dllails leplly adveniled in the En&lewood Haalcl on July 4111, July 11th, and July 11th.) Wrima ..-will be rec:eiwd umil 5:00 p.m. Friday, Aupst 16, 1996 iD the Office of the Director of Financial Services 111d will be c ·1 rd a die Monday, Aupst 19111 lllfflin&. If my portion of the assessment is paid prior ID 5:00 p.m. "'1oaday. Ocalblr 21, 1996, a ftw pll'Cllll (5%) clilcouat on dw portion will be allowed. ..,_ .. ••Y be ... ill ,.,_• .... •Illa Calrll Cn1tl *I lallll aa Ciey Hal, 34GO Solltll EJad SCnet. ~Colorado.NI 11. ,.._hi-• wrtle ,-r Tu Sdlllllnll No. oa year ehlek. Any pan of die IIMISlllent not paid by 5:00 p.m . Ne,.,..., 1, 1996, will be c:eniflld ID• Anplboe County Treuum for collection by his office dunn& the nm 1e11 (10) ya, iD -a priDcipll ..,_, pbll 6.5% interest on the unpaid balance . Such payments will be due on Jaauay I, 1997, t'ardle &llyar, llld-'-'Y I of each succeedin& year. The 1997 payment will not include intere11, allllaup 111• • • .-r yeas• pe,w will A Special Assessment Defeml Prosram is available to eli1ible ciliam iD Pavill& Dillrict No. 35. S-ofdle eli&ibility requirements c:oncem ace, disability, income and ..a. Applicaml -be IUbmillld wi*ia 60 cays of ftnal publicalion of the aueument ordinance. i.e. no laaer than Ne,.,... II, 1996. ,.._ ~ .,_ Griamell • 761-6200 for funner infonnlliae on die Dlfaral Prosram - .. I. 0 '32xl • City of Englewood Pia.le WORD DEPARTMENT July 22, 1996 V eme S. and Mary Porter 1460 W. Tufts Ave. Englewood, Co. 80110 ·, .. RE: Paving District No. 35 (Navajo) Dear Mr. and Mrs. Porter: • • 1'1111~ Mdlng ....... _____ .,._ ,.. .. _. •• J.Cal ,... C3D3I FAX C3D31 It has come to our attention that our Engineering Division inadvertently aaeaed yow- street improvements at a rate designated for industrial street improvements rather than residential street improvements. Please refer to the enclosed uasmcnt letter showing the corrected assessment for your property at 1460 W. Tufts Ave. Engineering staff will correct this error at the Public Hariaa ICbeduled for Aupst 19, 1996. You do not need to be prelCDl at the Public Hearin&, but we cncomap you to anend if you have additional commems or questions. We apologize for any inconvenience this may have c:amed. Pleae call me at 762-2500 if you require further information. Very auly yours, Charles R . Esterly , Director Public Works Deputment /lw Encl. "Wortung fQr yau .• . ' .. I· 0 '32xl • Julys. 1996 City of Englewood POR I ER. VERNE S. & IIIARY, JT TEN 14IO W. TUFTS AVENUE l!NGL&WOOO, CO I0111M131 Dear Property Owner: • • • MlOS.EldS.... Englewoocl. CoiOraclo .,, 10-2:ICM "'-(303, 7112-2300 (303) 7112.230, FAX (303, 75-1125 The uses1111ent roll for Paviq Dillric:t No. 3S (Navajo SL) is -cm file ill die <>fib ofdle Dincrlor ofFimnc:ial Services a 3400 Saudi Ellli Screet, EJialewood, Colondo. Ac:cordiaa to die Ml a roll. die -ount _. apinst t11e ro11owma described propeny, which you• lilled u owaina, is .._.. ao for c:oncre1e and pavma iaq,rovemems at: Situs address: 14IO W. n.TS AVE. Lepl description : LOT 12 BELL ISLE GDNI Tax Schedule No.: 2077._1-17~ (P1-include this number with all paymenu.) A public hearina on the usessmems affectiaa all conc:emed properties will be beld on Monday, Aupst 19, 1996 ll 7:30 p.m. in the Cowicil Chmlbers ll Eqlewood City Hall, 3400 Saudi Ellli sin.. (See delails leplly adveniled in the Enalcwood Herald on July 4111, July 11th. and July I Ith.) Wriaen prCIIIIII will be naiwd umil S :00 p.m. Friday, Aupst 16, 1996 in tbe Office of the Director ofFiamcial Services and will be COlllidlnd lldle Monday, Aupst 19th meeting. lfuiy ponion of the assessment is paid prior to S:00 p.m. Monday, OCIDber 21, 1996, a ftve percml (5%) dilcount OIi thll ponion will be allowed. hyanCI _,.be_. la ,._ or ..W • .. Calnl c:-.r.a office at City Hall, 3400 Sotldl Elad Street, E .......... Colen6a, •ttt. ..... be •re• wrie1 ,-r Tu ScMd1lle No. OIi yoar clleck. Any pan of the assessment not paid by S:00 p.m . Novanblr I, 1996. will be Cll1ifled to die Arlplboe County Treasurer for collection by bis office duriq tbe mxt 1111 (10) yas ia -1 priacipal paymea11. plus 6.S% interest on the unpaid balance. Such paymems will be due on ~ I. 1997, for die tint ya-, and January I of each succeedina year. The 1997 payment will not include imerest. altboup subseqlat yeas' paymmis wiU . A Special Assessment Deferral Prosram is available to ellaible =-ia Pavia& Dillric:t No. 3S. S-of the eli&ibility requirements concern ap, disability, iacw ad-. Applic:aiaDI mus be lllblllilllcl widlin 60 clays of final publicllion ofthe messment Ol'diaanc:e, i.e. no i.r dim No¥lmber II. 1996. ,-. caact J_. Grimmell 11 761-6200 for further infonnatioa on the Deferral Prapan. If ya llave aay qwdou abo111 yar ••-t. ,._ w .. PIIMc Wllltll .,...,_. at 762-2911. Sincerely, ~ Frank Gry&Jewicz. Director Financial Services .. I . • ORDINANCE NO. _ SERIF.s OF 1996 • • • BY AUTHORITY COUNCIL Bill. NO. 33 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 35 (NAVAJO) 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 , Series of 1992, pueed on final reading and adopted on April 20, 1992, the City Council of the City ofEnclewood, Colorado, bu created Paving District No. 35 (Navajo), within the City for the J>UIPOll4! of construc:tma and inBtalling paving, curb, gutter, and sidewalk improvement&, together with neceeaary incidentals OD a certain street within the District; and WHEREAS, the improvement& authorized by said ordinance have been atuted and are anticipated to be completed in 1997, and the'total coat of such improvement& have been reliably ascertained; and WHEREAS, an UBeBSment roll bu been prepared and a statement ahowing the total coat of the improvement& baa been duly filed with the City Clerk; and WHEREAS, from the statement made and filed, it appeara that the total coat al the improvement& to be constructed and inatalled within the District ahall be $5,400,000.00, of which amount $511 ,221.62, ia being aueued against the real property within the District; and WHEREAS, aaid aBBeBBJDenta are baaed OD actual -ent coat& from construction in 1991 aa published April 9 , 1992, in the Ordinance No. 17, Series of 1992 forming the District; and WHEREAS, the City Council bu apportioned a abare of the total eoata to each lot or tract of land within the District, in accordance with the benefita to be derived by Aid property and in the proportions and amounts severally aet forth in "Emibit A· attached to thia Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sed,ion 1 . Cgnfirmatjgn gf Aewement Boll . The apportionment of the -menta is hereby approved and confirmed. Said apportionment ia hereby cleclared to be in accordance with the special benefit& which the real property in the District will receive by reason of the construction and imtallation of the improvementa. A abare al Aid coat ia hereby aaaeued to and upon each lot or tract of land within the Diatrict in the proportiona and amounts as aet forth in the BB&e811111ent roll , attached hereto u "Ezhibit A·. Section 2. Paymcnt gf A11r•mtota . The -enta ahall be due and payable at the office of the Director of Finance of the City, on or before November 8, 1996, in acconlance with -1- ..... • " I· I • • • '· .. Section 11·2-7(C) of the Englewood Municipal Code; provided that all 1111ch aueuments may be paid, at the election of the property owner, in inatallments, with interest u hereinafter aet forth . An allowance of 5'1> lhall be made on all payments of -enta made on or before Oct.ober 21, 1996, but not thereafter. Failure to pay the whole -•t OD or liefore NovaDber 8, 1996, lball be conclusively considered and held an election on the part of all penou int.erNt.ecl, whether under disability or otherwiae, to pay in inatallmenta. AdditiODally, 1111ch electiCID lball be conclusively considered to be a waiver of any n,ht to questiCID the powv or jmiadic:tiCID of the City to construct the improvementa, the quality of the WOl'k, the re,u1arity or mffic:iency of the proceedings, the validity or the cornc:tneaa of the -enta, or the validity of the lim thereof. In the event of an election to pay in inltallmmta, the -•ta lball be payable at the office of the County Treuurer of Arapahoe County, Colorado, in ten (10) equal annual inatallmenta of principal, the first of 1111ch inltallmenta of principal lball be due and payable on or before the 1st day of January 1997. The remainder of the installmenta lball be due and payable 1ucceuively on or before the 1st day of January in each year thereafter until paid in full . The t.enth and 1ut inltallmmt lball be due and payable CID January l, 3006 . IDta.t CID the unpaid principal amount lball be at the rate of m and C1De-half pen,mt (6.5'1>) per annum , commencing on the day following the first installment due date, and payable each year at the time of paying installments of -ta. The owner of any property DCJt in default u to any installmmt or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the nut au.ament inatallment paymmt date. $edion 3 . fen•Jty far Pef•vJt gr Ncwm•mamt. Failure to pay any inatallment, whether of principal or interest, wbm due lball cauae the whole of the unpaid principal to become due and payable immediately. The whole amount of the unpaid principal and accrued interest lball thereafter draw interelt at the rate e,tabliwbed punuant to Section 5-12- 106<2 ) and (3), C .R .S ., until the date oftu lale, u pnmded by law. At any time prior to the date of the tu sale, the OWDm' may pay the amount of all unpaid imtallmenta with interat at the penalty rate of CIDe pm:ent (l'I>) per-th or fraction of a -th, and all penalties and costs of collectiCID accrued, and lhall thenupoo be reatond to the ript tberMfter to pay in installments in the aame manner u if default had not hem IIUft'ered . $edigp ,. weeemmt l,i,n· Bemr,l•tjgp. All -ta levied a,aiut the real property in the District, ~ with all interest~ and pma1tiN for default in payment thereof, and all coata in coUeetini the aame, lball cautitute, from the date of the final publication of this Ordinance, a perpetual lim in the NVsal amDUDta a-.d apiut each lot or tract of land . Such li1111 lball have priority 11\'W all adlar Ii-acapt pneral tu lien& and lhall be enforced in acc:ordance with the laws of the State of Colorado. Pursuant to SectiOD 31-25-522, C.ltS., a copy oftbia OrdiDance lball be tued with the County Clerk and Recorder of the County wbeniD Neb lot or tract of land .--ia located, for recording on the land ,-da of IIUch Iota or tracta of land, and capi• of this Ordinance lhall also be filed with the County rr--and the County~- 5ec:tion 5 Aewemmte AeM Pm4ed s SeMi:rided 1):ecte. If any tract of real property included within the Diatrict ia a..ftar dmded or IUINlmded into two or more IIUch tracu or parcels, the Director of Finance, with tbe 111iat11DCe ol t.ba Diractor of Pulllic Woru, ia hereby authorized and dinc:tad to divide tbe 111 -~ apiaat llUch tract ill tbe ume proportion that the tract itMlf ia IUbdividad into two or man aucb pucell. and to cartify tbe reviaed -•nta to the County Trannr. -2- • . I. • • • Sertior § ScxeuruJity. That if my CIDe or more NCtiODa or parta of tbia Ordinance aball be acljudpd unenforceable or invalid, such judpamt aball not affect, impair, or invalidate the remaining proviaiom of tbia OrdiDmce, it being the iDt.entiCID that the various proviaiom hereof are NYerable. Sert;igp 7. Bcppler All ordinancea, or parta tbenaf', incmli-.t or in CODflict herewith ue hereby repealed to the ut.ent Clllly of aucb incm..-,.:y or amflict. Sert;igp e. Beemr-In accordance with the City Cbarta-and the llmaicipal Code of the City, the City Council aball hold • public mariq CID tJlia OrcliDaac,e, CID llmday, Au(uat 19, 1996, at 7 :30 P .II. or at such later time u the City c-cil ia able to hNr it iD it.a DCll'IIW course . Sec1im & Pl•Niatigp IPd lffertin D,ata . Tbia OrdiDance, after ita final puNl1!, aball be numbered and~ wl the adaption and publication aball be autlalticated by the aipatuN of the Ila,-and the City Clerk -by the c.ti&:at.e of Publicaticm. Tbia OrdiDaDc:e aball become eft'ec:tiff thirty (80) da,-aftar pablicatian followinc tlDal puaap. Sert;igp 10. DeJm:m1 6 menta. A Special Ali mt Daferral Prop-am ia available to eligible property ownsa iD PffiDc Diamct No. 85 (N~). who meet the requirement-. ApplicatiODa for the Special Ali zmmt Defanal Prop-am mult be submitt.ed by Oct.ober 7, 1996. lntroduced, read in full, md puaed CID first reeding CID the ht day of July, 1996. Publiabed u a BW for an Ordinance GD the 4th day of July, 1196. ATTEST : Loucriahi• A . Ellia, City Clerk I , Loucriabia A. Ellia, City Clerk oftbe City of....._, Colando, _., ca1ifJ' tbat the above and fCJnlOUIC ia a tn» copy of a Bill far • Ordiaallee, introduced, read iD full, md paued CID first rudinc CID the ht day of .JulJ, 1-. .3. . ' • . . ' ,· .. I. . 0 'a2xl • .,---~------~---~----~--_, • • .. CITY OF ENOLEWOOD Paving Dietrict No. 31 (Navajo) -Au-ment Roll 2077-09-1-17-012 lll.Y 100 rT OF NI.Y 265 .7• rT 01' PLOT 13 au.t. ISL& liDIS 8naa.&Y, Vl:JU.E , DEBORAH '635 8 . N1JUP0SA DRIVE ~. CO 80110-5513 l1,S58.80 2077-09-1-17-010 4S55 8 ~ DR ac. 265 . 7. n SSLY AI.G SLY I.Da: ncN • caa PLOT 13, ft Bl.Y H ft n 11LY 15• ff '1'0 N I.DIE OF PLOT 13 TB NNLT H ff, ft a.Y 154 ft '1'0 ac: au, Im.a: lilDNS IISl.SClf, SU>Olf ' UTTY '655 S . N1JUP0SA DRIVE ~. CO 80110-5513 2077-04-•-11-026 PLOTS l , 2 EX RD GOOIIIQNS INDUSTllIAI. 8tJa 4201 S . NAVAJO I.'l'D C/0 MnlON DltAGISff 5245 S . SVl:UTT CT I.IT'l'I.E'l'ON, CO 80123-2108 2077-09-1-25-003 I.0'1' 3 BI.It 2 NAVA.JO S't'IISl:T INDUSTJUAI. PAD POPISH, JANES I.., HOLTZ, Jl:ANNXE H. 6670 CRESTBOOK DllIVE t«>JtRISON, CO 80465-2232 2077-09-1-25-004 I.0'1' 4 BI.It 2 NAVJUO S'l'IID:T INDOSTllIAI. PAD MII.I.S , SDCall N . , SI.I.A NU P.O . BOX 260101 Bic.lll.AIIDS ltAIICH, CO 10126-0101 2077-09-1-2•-003 I.0'1' 3 III.It l NAVA.JO l'l'IIDT INDUSTllIAI. PAD UNiftil laCRININC DIC . 4541 S . NAVAJO S't'IISl:T l:lfCI.SIIOQD, co 80110-5529 2077-04-4-11-029 I: 80 ff OF PLOT 6 SX IIOAD QOClaalf'S DDJSnIAL - l«JCSJt, .JOSSPH , HiaOSI.MIA 7231 S . nAIIIC.IN STUST I.IT'l'I.S'l'ON, CO 10122-1409 '5H.30 4201 • aVA.ltl ff 112,SU.36 4520 • •VA.JC ff 1151 .34 45'0 • aVA.JC ff 12,719 .00 45'1 1 ava.,o ff 11,15'.'5 IIO lllllaH 17,297.71 2077-09-1-00-06• IIO AllllaK88 DC. 690 rT H/I. N , 295 n H/L I or• caa • 11• •c t-5-H n • 190 ft n I 31 rT TH 8 190 rT TH W 31 ff '1'0 Dc. Vl:'l'TS , laRVDf I.. , tallY J. , J'f TDI •5•5 •. OSAGZ l'l'IISl!T ~. CO 10110-5526 2077-09-1-00-073 IIO AllllaKaa I 65 l"f 01' W 679 .41 rT 01' 8 1/2 8 112·· 1/2 .. 1/4 11X 8 30 ft, IIX 11D 8C •- 5-H WDIDSOlt DIDUlftIIS, DIC . 1351 W. S'?Alll'Cm> AVDIOI ~. CO 10110-5533 l11,H2.1' ,.. ,,,, . ... I • ,I, A .. ., I. 0 • • • CITY OF ENGLEWOOD Paving Dl8trlct No. 31 (Navajo) -AuNament Roll 2077·09-1-00-076 NO AIXIIIE88 BC 630 FT 8 5 680 I: OF NW c::ca IIE 1/4 TB -10.17 ff TB ALC CUllYE 'fO UQll'l' 38 .61 FT TH N 260.29 ff TB I: 110 ff TR S 300 ff TB W 'fO ac:: UC 9-5-61 UNIWD • INC. 4390 8. lfINDEJIMl:1'E STaEl:T ~. CO 80110-5539 ,17,132.12 2077-09-1-23-011 NO AEIDa&SS L0'1' 1 5 VAC S 10 FT or W fllClal AVI: ADJ U I 42 ff OF ID L0'1' 1 IIEI.I. ISI.E c:>MS 3ml n.G NEI.LIQAN, JAClC 5 vntGINIA, J'f TEN 4675 8 . 1fINDUltCltE ITaEl:T DSNYER, CO 10110-5542 2077-09-1-24-004 L0'1' 4 JIU: 1 NAVA.ro STaEl:T IllDUS'fltZAl. •MIC SCHCIEl'UJIGZR, WAI.TEil 555 w. I.AJCE LI'l"rI.E'l'Otl, CO 80120-2726 2077-09-1-24-005 L0'1' 5 JIU: 1 NAVA.ro STRU:T DIDUS'ftlIAL •MIC SCHOEISIUiZll, WAI.TEil 555 w. I.AJCE LI'l"rI.E'l'Otl , CO 80120-2726 2077-09-1-27-003 L0'1' 1 EX Ill> ~ ltJB WIND8ca ~8, INC . 1351 W . rrAlll"Cm) AvanJI: ~. CO 10110-5533 2077-09-1-27-004 L0'1' 2 EX Ill> AICI.& ltJB WINDSOll DIDUlftil:8, INC . 1351 W . S'l'ANl'OltD AvanJI: &NC:I.EWOOD, CO 10110-5533 '2,156.75 NO ADDU88 ,2,'88.07 NO ACDaEIS '5,0H.26 NO ADDU88 ,o .oo NO MIClaSSI ,o .oo 2077-09-4-00-001 NO AE1Da&8S "rHAT PART OF N 1/2 OF NW 1/4 OF D 1/4 LYIIC W OF 11EI.I. ISI.E GDIS 211D n.c; DI nc 9-5-68 CITY OF ENl:l.EWOOD -tJ'l'II.ITISI ISPAlt2lalft' 3400 8 . EI.ATI STRU:T ENCl.EWOOD, CO 10110 .35,'26.50 2077-09-4-00-011 NO N:IDIISSI uc:: 30 FT z 5 1054 n Nor• c::ca a 1/4 ac 9 TB z 314 .75 n TB a '41 n '1'H CONT H 292 FT '1'H N 93.79 ff TR D 511.4 ff TB I 210.56 ff TB I: 146.5 ff 5 H . 3 FT '1'H N 10 FT '1'H IIE H . I ff TR I TO ft Cit M LDIE W 8II.LEYDW AVI: TB I: 326 . 78 ff 5 300 . 4 ff 'fO W LDIE I 111:A Da 'ftl .. ALC ID LDIE 240 . 5 l'T 5 293. 75 FT '1'H NE 63 . 42 FT '1'H NW 144. 75 ff n IIE 15 , 95 ff TO ft Cit I LDIE WRITAm Da '1'H sw 134 .08 n 5 409 .0I n n., "·" n 5 uo.01rr5112 .H n, 151 rr 5 230 .I FT 5 121 .12 ff TB D 140.92 ff 'fO A ft TBS 20.15 ff TB IIE HI .I l'T '1'H NW 99 . 89 ff '1'H W 1121. 4 FT TB I IH ff TO ac:: t-5-11 CITY or EICLZIIOOD -tJ'l'Il.ITISI m•Alt2lalft' 3400 I . EI.ATI ITIISET acI.SWOOD, CO 10110 '12,441.00 ,.... 2111• .. I • • • <. • CITY OF ENOI.EWCOO Paving District No. 31 (Nava.lo) • A.Nwment Roll 2077-011-,-00-013 IIO ADllllSaa •c; M SW CORSE 1/' TH I: 835 l'T ft N 107.11 ft ft -,.OIi l'T 5 H8 ft ft I: 36,. 75 l"l' TH S 10s, l"l' TO 8G D aDS 9-5-'8 SOOTH SOII08IIAlf PAIIKS ' ucau.nmr DI8TllICT 6631 S. Ull%Vl:a8I'1'r 81.'VD. LITTI.l:'l'CN, CO 80121·21173 '53,950.'5 2077-011-1-00-010 '5'5 S oaAGZ ft •c; 133. 2 n s , 220. 11 n • Ollllf coa or • 11, or • 11, ac: t-5-'8 n s 1H.8 l"l' S 220.11 ff W U7.1 l'T 'ftl N 220.11 l'T TO 8G VSTTS , NMlVDI L. 5 NUtY J. , JT 'l'D ,s,s S. OSMiZ STIISST SNGlLl:1IOOD, CO 80110-5526 ,2,335.35 2077-0,-,-00-055 131, w OXl'OIID A'VI: m:c; 16so rr •, 50 n •or• coa s 112 • 11, ac ,-5-'8 n s 10311 ft n w 165 FT TH N ,211.S l"l' TH W 135 ff ft -100.5 ft ft N 5011.5 l'T TBS 310 l'T TO m:c; SAM 81:JlVICS CO. 131' 111:ST OXFCIID A'Vl:NOS ~. co 80110-,,Jo 2077-0,-,-00-06, 1310 w axrcao AV& THAT PART OF a 11, UC •-5-'8 mac A.I 8G 2015 ft W 5 50 l'T S or D coa 01' S 1/2 OF SD a 11, TH W 86 .7 ft 'ftl S 150 ft !II I: 86.7 ft ft N 150 l'T TO •c; U IIOADS UNiffD DIDOS'DUAI, DEV. C:OU 52,5 s . SVSIIST'l' CT LITTI.STCN, co 10123-2108 ... ,12.50 2077-0,-,-00-063 1,11 w OX1a11D Avs THAT PART OI' a 11, ac t-5-'8 mac u aG 2101. 1 n w , so n • or • coa OF I 1/2 or SD B 11, 'ftl W AU: S -Lia or W ~ A'VS TO A ft ml I: Lua or M , SF JIil llT /WU ft alI.Y Al4 SD n/llU '21 ft NIL !II S J52 • 25 ft TO W -LIB or S DVJUO ft ft N t511.5 ft ft W H.7 ft ft N 150 ft TO aG D IIOADI UNiffD INDUSTllIAL DEV . C:OU 52,5 s. SVSIIST'l' CT LITTI.l:'l'CN, CO 10123·2101 2017-0,-,-00-056 1315 • QVDICY AVS •c; uso rr •, 10111 n s or• coa • 112 • 11, ac ,-5-A ft s 200 ft ft• US l"l' TH If 200 l'T TH I: 115 l'T TO 8G UN BllVIC:S CO . 131' •n OXl'CIID AVDIUS ~. CO 10110-,,,0 ,o.oo 2077-0,-,-00-0311 1J25 w QVDICY Avs CONC 1115 ft• , 1511.5 n s or• coa ors 112 or• 11,, n • 1a ft, n s '211 .S l'T, ft I: 115 ft, 'ftl If '21.5 ft TO l'I. or ISG, CCIII 2.1 A 11/L D W 30 ft 11D ,-s-11 •sT QUDICY C:OU C/0 Dall L. - P.O. IIOX 111 ~IA. CO 10135-0111 .Jl,711.27 ,.... JIii • ... I. • • ·, • <. CITY OF ENGLEWOOD Paving Dlatrlct No. 35 (Navajo) -ANNament Roll 2077-09-1-00-077 ,17,o.,.32 2077-09-1-00-078 1•08 • QIJDICY AVE THAT PAR1' 01' NE 11• BC 9-5-'8 D&IC Al & 1H rr OI' W 1/2 01' If 1/2 or If 1/2 01' Nlf 1/• OI' SD NE 1/• U JIOAD BC 9•5•'8 1•08 Lfl) LDCI'l'ED co . 715 ftClf'f UNCZ RD. LI'l'TLl:TON, co 80120-•oo• ,17,155.57 2077-o•-•-11-028 1••s • QUINCY AVE Pl.OTB s,, U & 80 rt 01' SD PLO'l' , , U IIOAD aomtalf' 8 DIDOSD%AL 8m NJak, JOBPH , KmOII.AIIA 7231 S . nAIIKLilf 8TU&T LITTLETON, CO 80122·1•09 2077-0,-•-11-027 Pl.OTS 3 5 , U RD Cil0Cmfalf8 DmlJSDIAL 8U8 ,250 s . aAlf'tA n I.LC c/o SftYDIS, 80J.DlrIICR DIC . 5951 S . KIDDL&l'ULD RD. LITTLETON , CO 80123-2877 ,s,u2 .11 ,2so • 8All'fA rs I>ll ,11,,03.79 2077-09•1•00-038 1301 W 8TAlll'CaD AVE S 1/2 S 1/2 If 1/2 IIE 1/• LTDaf OI' CI'ff DI'l'CH U W N3 .o, ft U m> 9•5•'8 WIMDIOll INDOITRIJ:I, DIC. 1351 W. ITAlll'OIII) AVDICS ~. CO 80110-5533 ,o.oo 2077-09·1-00-037 1351 W 8TAlll'CaD AVE z 2,3 .,3 rr M/L or w 9,3 _0, rr or• 112 • 112 • 112 • 11, u., •-s-,1 WINDSOR INDOSTRIJ:8, DIC. 1351 W. l'l'Alll'ORD AVDICS IClfc;x.swoQD, CO 80110-5533 ,o .oo 2077-09·1-00-07• 1,01 W 8TAlll'CaD AVE & 215 rt OF W 55'. U rt 01' 8 1/2 I 1/2 N 1/2 IIE 11, U 8 30 ft 5 D m> BC 9- 5-'8 ENI PltOftll'rlll I.LC 1'7,o W. aLL&VIn AVDIUS ....:XIOII, CO eo,,5-9111 2077-09-1-17-013 111.Y 1'5 .7. l"f 01' PLOT 13 aLL ISL& ams &LDUDQZ, WILLUN a . , ~ Im, JT '!DI 1'50 W. TUl"fl AVDIUS ~. CO 10110-553' 2077-09-1-25-005 LOT 5 Ill.It 2 NAVAJO l'DIDT Ial08ftIAL Dalt IIELSCII, DAVII) 3575 &. LQIIC aOAD LI'l'TLl:TON, CO 10121·1911 1 7..,...... '17,072 .H USO W 'ftJITI AVE '5,'92 .29 1'51 W 'ftJITI AVE H,237.'9 .. I • i • .,-----------~--------------- • ·, - '· CITY OF ENGLEWOOD Paving Diatrtct No. 35 (Navajo) -AeNament Roll 2077-09-1-17-003 LOT 12 BELL III.& CiDIS POllftlt, VEJIIIS S . , NU:r, J'f ~ 1460 W . TUFTS AVSIIOE SNCn.EIIOCD, CO 10110-5536 1'60 W TIJftS AW $4,004.00 2077-09-1-17-022 1470 W TIJftS AW ELY 50 FT 01' LOT 10 , Al.I. OI' LOT 11 D • 20 ft l'CR m> 6 D S 115 ft 111u. I81& cam>J:MS BOYSNZI, AlffCIIIO , usmD., J'f !DI 2111 S. 11A1U.AN ST . LAICl:IIOCD, CO 10227-3617 $7,159 .10 2077-09-1-16-006 1510 W 'ftJftS AW LOT 4 IIUC l SU. III.& Gall 2la> n.G zn.snA , JOE a. , ma. A., J'f ~ 1510 W. TUl"l'S A'ftaa l:lCUMOOD, CO 10110-5531 '3,U9.55 2077-09-1-00-009 15'5 W 'ftJftS AW BEG 6112 . l FT N 6 17 n I Cir • cca OI' SW 1/4 01' D 1/4 OI' 9-5-A !II I 213 n TH N 190 F'!'TH W 213 n ft S 190 n TO RC: TUFTS IJC)US'l'JlIAL I.LC 8'00 E . PltENTICI SNC.I.EWOOI) , CO 10111 H.,u.21 2077-0 9-1-00-075 CHO S wi••--IT 81G 630 FT S , 53 .31 n I OI' -cca • 1/4 'fll I '82 ft !II -11.67 n 'fll ALG CURVE TO UFT '1 .15 n n N 260 .0 ft 'fll W ,so ft 'fll • TO 1SG D W 30.61 n l'Cll 11D SIC 9-5-61 aENAtJtl • DIC . '390 S . lfDlt)UISJII ftllnT IDICilI.EIIOOD , co 10110-5539 '17,121.10 2077-09-l-00-035 CC60 S wz.-...-s IT THAT PART 01' S 1/2 S 1/2 II 1/2 II 1/2 or 8C I mac AS ISG 30 ft• OI' llr cxa OF MW 1/4 NE 1/4 TH W 50 .36 ft TO SLY %.ID or 111/Wr !II 81.Y ALG SD LDII 306 . 78 FT '1'H I 329 . 03 n TH S 300. H n !II W JJI. U ft TO 1SG 1-5-61 LONE STAil PLYIIOCD , DOOR ccap . 425 AIJU.Da: DaIYI COPPEL, TX 75019-4601 $0.00 2077-09-1-00-0611 CS50 S wt•c--IT PUT 01' SW 1/4 D 1/4 , 8 1/C • 1/C mac AS ISG 75 .51 n W OI' -cca • 1/4 Ill 1/4 'l'H I 201 .71 ft !II S CU .I ft !II W JOO.U ft TO I LDII S lfDlt)sa&U IT 'ftl • ,so . 17 ft TO 1SG D • 30 ft 6 D 11LY 10 ft ac: 1-5-61 LONE STAR PI.YIIOCD , DOCa ccaP . P.o . aox 170607 IJlVINC , TX 75017-0607 U,315.N 2077-09-l·00-041 CSIO S WJ .. _. IT BEG 662 .l ft N 6 17 n I or .:ca• 1/C RC 1-s-a D • 220 ft !II W 25C ft NIL TO I aDRY OI' CO m> !II alU ALO SD Illar 222. 7 ft ft SLY 217. II ft NIL TO RC EX SLY 30 ft NIL , D IILY 20 ft 1-5-A IIOYIS , DONALD P. , I.Me, a,aa W., Aa> ...a, .,oar CHO S. 1fDIDCJaalll rmT S11aL1110CD , CO 10110-lkl 17..Jun-N H,Nl.17 ~ . .,. ... I· • 0 • • (. CITY OF ENGLEWOOO Paving Diatrtct No. H (Navajo) -MHaament Roll 2077-0t-2-01-001 l'IDTS 2-3 U IIDS IISI.1. Im& Gala AG ~ , DmOS'fltISS, DIC . ,,o7 s . wnmaasa ft. ~. CO 10110-55&2 2077-0t-2-01-007 l'lDT 1 UN 20 ff l'Ca 11D IISI.1. Im& GDIS AG NICIIDIDIC , INDUl'rllUI , DIC. U07 I. wnmDNDE ft. ~. CO 10110-55&2 2077-0t-1-23-012 LOT 2 , S &2 ff LOT 1 IISI.1. Im& GDIS 3aD n.c PCaffJl, wma: S . , NMlr, J'r SN l&tlO W. 'fOl'TS AVSNUS ~. CO 10110-5536 2077-09-2-01-002 PLOT & 1111.1. Im& Gall THCICU, DAltI.ENE '520 l.AIUAT DllIVE CAS'l'l.E ltOClt, CO 1010&-9305 U01 I III---ft llt,'73.&I U07 I III---ft 13,UI.U UlO I IIDEC--IT 17,121.73 ,us I WX...._ IT 110,252.H 2077-09-2-01•005 &S75 I~ IT IIEQ A'! Ill COil PL0'1' 5, TH W 1'0 rt, TR S 126 ff N/I. '!'II S 1'0 ff, '!'II N 126 ff TO RQ U 11D 9SI.I. Ill.& GDIS NSI.I.IQAII, JM:Jt, VDGIMIA, J'r ftN '675 I . ~ ITIISST DSNYSJl, CO 10110-55&2 17,2'1.IO 2077-09-2-01-003 &H5 I wnc•w IT BQ 1'0 r'1' W OF Ill CCll PL0'1' 5 '!'II W 1113. ti ff fll IIIL1' 121. 5 ff fll Sl.Y 211. & ff '1'H N 126 ff TO BQ a&u. III.& GDla 'l'RCICU, ~ '520 LAIUM' DIUVI CAS'l'l.E IIOClt, CO 1010&-9305 10.00 2077-09-2-01-00& &7&7 I WlJ'ECW 'ft BQ AT II CCll PL0'1' 5 TR II 253 ff TR lll.Y 351.& ff ft alLY 20&.I ff fll Sl.Y &03 ff TO aG 9SI.I. III.& GDII IIIII'fADJl, PAUI. a P .O. 80X 1010 SllGLSWOCD, CO 10150-1010 2077-09-3-12-001 LOT 1 1Wt 1 IIOCltY NOmlTADf caafllUC"1'CMI 1ST n.G UNDrn co 001 I. WDIDI:.._ l'l'IISST I.I'l"r:t.S'l'CN, CO 10120-1021 PnMICI 1127111 t ·.O.M IIM &Ut I IIMW,.._ ft H0,111.tt 1501.107.19 ,.... . .,. ... .. I • 0 • ,.. . .. • <. COUNCL CO-INICATION .,... August 19, 1996 /b a.. I INITIATED BY Department cf Public Works COUNCL GOAL AND PREVIOUS COUNCIL ACTION Thent was no pr9Vioul Council action . .. lullject Ordinance tar Slorm SNer Line and SUrface Drainage E......t at 4841 s. Upen St. Approval of an ordinance ID acmpt .. Grant cf -.n .... Una and lllltlDe Dlllilllle F out• 4841 S. UpenSt. BACKGROUND, ANALYlll,MDAL-1WWIE C ThisdralnagewayhallNnln I 1101---1 d 17 Slf .... • 1 I .......... l_--'Y dilcov9r9dlhal ... iall01111 ,UtOII ................. 1119 ..................... .. CltyDilch,which .. ~---...... [i,S 1111 ,.. ...................... ..,law inlD Big Dry Creek. Conlideration tar lhia 1111 ·=• grarut ia ., .00 . UITOF AffACUIIBITI •. .. I. 0 1 32xl • ORDINANCE NO. _ SERIES OF 1996 · ... • • BY AUTHORITY A BILL FOR ... COUNCIL BILL NO. 42 =:1'l&fl"°2e? AN ORDINANCE APPROVING A GRANT OF STORII SBWBR LINE AND SURFACE DRAINAGE EASEIIBNT LOCATED AT '8fl SOUTH LIPAN STBBET, ENGLEWOOD, COLORADO BETWEEN CRAIG IUNRICHS AND 'l1IE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the drainqe way locat.ed at '8fl Sautb Lipa Street baa bem in aiat.ence lince coutruc:tiOD of the IUb-clmaiOD in 1953; and WHEREAS, it wu recently diac:ovsed that there is no -t OD -,I fbr this draina,e way; and WHEREAS, the drainqe way CUl'Nlltly drama int.o the City Ditch, wbicb will eventually be piped tbroup the City at Eapewood; and WHEREAS, this drainqe way will be piped 1IO flow into Bir Dry Creek upon the ecmpletian at the end-.re at the City Ditch; NOW, THEUFOBE, BE IT ORDAINED BY TIIB CITY COUNCIL OP 'l1IE CITY OF ENGLEWOOD, OOLORADO, AS Jl'OU.OWS : 8ecSim 1. Tbe Gnat at ... .._ Lille•..._ Dniutie ••-• --er., llimicba -tbe City at ......... Calcndo far tbe ....... way located at '861 Sautb Lipm StNet,--.. ._. • "Bmllit A." ia....., ......... and approved by tbe Eqlewood City Council. Sertier 2. Tbe Direct.or atUtilitiN ia autllmiNd t.o _.. aDd tbe City a.rt t.o atteat wl -1 tbe Alr-t far -OD bebalf attbe City at ............ Calcndo. Introduced, reed in full, aDd p-«l OD tint l'llllliBI OD tbe 11th day at Aapat, 1986. -1- . ' • . \ .. I· 0 .. • C. ·, • .. Publiahed u a Bill for an Ordinance on the 22nd day of Aquat, 1996. Tbomu J. Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City ofEn,lewoocl, Colorado, hereby certify that the above and forepin, ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on fint reading on the 19th day of Aupat, 1996. Loucriabia A. Ellia -2- • . .. I. . 0 '32xl • .. • • GRANT OF STORM SEWER. LINE AND SURFACE DRAINAGE EASEMENT This Grant of Storm Sewer Line and Surface Drainage Easement (this "Grant") is made this -~ I~~ C8416 HINBlCHS whoseaddressis 4841 S. Lioan St., Englewood Colorado. eo110 in favor of the City of Englewood, ("Grantee") whose address is 3400 South E1ati Street, Englewood, Colorado 80110. The panies covenant and agree as follows : I . Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more panic:ularly descnbed on Exhibit A consisting of one page, attached hereto and incorporated herein ~ reference. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of one dollar ($1 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged~ Grantor . 3. Grant of Storm Sewer Line and Surface Drainage Ea.ment. Grantor hereby Grants to Grantee, its successon and usigns. a perpetual, noncxclusive euement, (the "Easement") over, under, across and through the Easement Property for the purpose of constructing. operating. maintaining. repairing. replacing. removina and enlargina the "Lines and Appunenances," u herein after defined . The "Lines and Appunenances" shall mean a 3 . S' wide concrete ~ water drainap !'8", to be replaced at some future date ~ a storm sewer pipeline, and all necessary undqround and surface appunenanc:es thereto necessary or desirable for the transmission of sur&ce water, including, but not limited to concrete pans. 4 . Access .. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the ripu sranted to Grantee under this Grant . S. Restoration . Grantee agrees that after the c:omauction, maintenanc:e, repair, replacement or enJarsement if any, for the Lines and Appunenancel. Grantee shall restore the surface of the Easement Property u narty u reuonably poaible to the..-and conditions it wu immediately prior to said COlllbUClion, mainlenance, repair, replacement 0.: X " I • l. A ... I . 0 'J2 x l • • <' or enlargement, except u may be necessary to accommodate the Lines and Appunenances . Grantee shall not be responsible for restoration and repair of any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construc:tion, maintenance, repair, replacement or enlargement except replacement of sod. Grantee tunher agrees to replace any topsoil removed from any cultivated or agricultural areu on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, 11 Grantee's sole cost and expense. 6 . No Improvements. Grantor covenants and agrees not to consttuc:t, erect, place or plan any "Improvements" except the establishment of a lawn without obtaining the prior written consent of the Grantee. Improvements shall mean any structures, building, planting, trees or shrubbery other than a lawn . Grantee shall have the right to remove, without any liability to the Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee having obtained the prior written consent of the Grantor. If such prior written consent is obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during construction. maintaining, repair, replacement or enlargement . 7 . Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to ~tee under this Grant. 8. Rights ofGrantor. Grantor reserves the full right to the undisturbed ownership, use. and occupancy of the Easement Property insofar u such ownership, use and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9 Abandonment . In the event that Grantee shall abandon the rights panted to it under this Grant. all rights. tide and interest hereunder of Grantee shall ceue and terminate, and Grantor shall hold Easement Property. u the same may then be, free from the rights of Gramee so abandoned and shall own all materials and llrUdUl'a of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after aid abandomnent in which to remove any or all Lines and Appunenanc:a &om the Euement Property In the event that Easement is abandoned by Grantee. Grantor shall have the right. 11 its sole option. to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10 Warranty ofTitle. Grantor warrants and represents that Granter is the fee simple owner of the Euement Property and that Grantor hu the full ript. title and authority, that this Grant is eff'ective to arant and convey to Grantee the Storm Sewer Line and Surface Orainaae Easement. and that this Fant of an -is superior to all other srants Gramor funher covenants and agrees to indemnify, cleCend and hold Granree ' I • . .. • .. harmless from and apinst any adverse claim to the title oftlle Euanent Property by all and every person or persons lawful claiming or to claim the whole or any part thereof. 11. Binding Affect . This Grant shall atend to and be bindina upon the heirs, penona1 representatives, successors and allips of the reapec:tiw paniea hereto. ne term1, covenants, agreements and conditions in this Gnat shall be COllltrUld a covenants nmning with the land. 12. Surface Drainage. Gnntor qrees not to obltruc:t the flow ofu&ce warer-with solid fences or walls . GRANTOR: moF COLORADO ) t ,'j ,/1.; u:A ) ss . COUNTY OF 0,/Jf"'!s ) Acknowledged before me this 2. " 1 i. day Of I lil~ • 1996. u __ __.., .... e ... d .... ,e:~-----'H-uv-....« .... i ... c ... ,t,.._s: _____________ _ and _______________________ _ u ___ .:;.;,.~~-------------------- Notary~b· V Address : e °'' P. c:eel ' o S<? ,10 My Commission Expires : ___ :, ........ lt.--...11 ... •------• ATTEST . GRANTEE : Tade :. ________ _ STATE OF COLORADO ) ) II. COUNTY OF ARAPAHOE ) ' . .. I. • < 0 • . ,. • <. ,. "' • Adcnowledpd beb-e • this day of 199 _ by -------u and-=----------------------u --------------------- Nocary Pllblic: Addrea: _________ _ My Commission Expires: ------ •. I· • • • ATl'ACIIMENT A LEGAL DESCUPTION FOR. S FT. EASEMENT The South S.O ft. ofLot 3, Block 4, Bobay Heiahts, Arapahoe County, Colorado - . ' • . .. I. 0 i • . . ·, ,. --·-------- . ,. • ... t ,.. -----------·- > 164-/ ~ L I ffW Sr: I • i ' .. •. .. I. 0 1 32xl • • <. COUNCIL COMMUNICATION Data August 19, 1996 INITIATED BY STAFF SOURCE Department of Public Works Charles Esterly, Dinlclor of Public Works COUNCL GOAL AND PREVIOUS COUNCIL ACTION Council approved purchale of a natural gas compressor through the Five v .. Capital Plan aid inclusion of funds in the 1996 budget RECOIIIIIENDED ACTION Approve purchale of llllllnl gas w.1.,ww. tam Nlllnl Fulll COipcnllon. Purchale price includes rwnoval of the existing compreaor, trade-in value of existing compreaor, aid installation of the new unit BACKGROUND, ANAL YSII, AND AL TERNATNES l>EN1F1ED The existing compnmor, installed in 1982, ta reached the aid of la ecDIIOITIK: ... aid would l9qUS9 exllllllive repairl in the near future . Oil consumption an this I.WIit ii very high, cauelng p,abllma In e. ltOrage and vehicle aystlml due lo oil contamination. The existing unit ii ilapable of producing .. high prwlnS rwquired by the vehicle l1orage sysleml. FINANCIAL .. ACT Three bids were received for replacement of the natural ga compr91801 . 1. Marcum, Inc. $32,795.00 2. Natural Fuels Corporation $44,985.00 3. WIison Technologies, Inc. $57,538.00 The lowest bid from Marcum, Inc. did not fflNt bid apecillcltiol•. 181,000 is available in e. Public ln;poverr.-lt Fund lo cover the second lowest bid oft,iM,IIS.CIO tam Nani FUIII CD:palll&L ' UST OF ATTACHIENTS 5-year capital Plan req.at List of Wlhic:IN currently -opei-rm'""·-111 an CNG Bid Tabulation Purchale Recommetldallo!i lo Proc:ur-..nt Dlvllion ...... .. I. 0 '32 x l • ~ w f\) X -' 9 ll ·i I l • • J t I ll .. !I i . 9 ' ,. l 1: j ~1 s 1, I ~, 1! C • • . 0 • i1s111 i!J Jli (Ii ill i , ']'I ':II~ h~ J rr I f, I n If !;1 111 II J !H!1 n •.. ~ 0 1 .. 1111"1111111 p ~ s !1 ! f i -< i I t ~ 1,19! 111 ~~ I !ij I r ;:i _m 91, 11 :, I CJ ~ ! iU I!' J 'I n • ~ 'II I 1 11' d H~ Ill r !Q H i 11 I ,,1 CJ CJ ! -< i 11 . g g I -I O o · ,1,1; Jsl n ·" I c i11,1 ,11 CJCJ I g ! I '11 · i if tit i i . i ~ I I !I J ! 11 t I CJ ~ ' . 1 l:;1 . ,1 ·~ ,-11 .. ·,, I l 111 Is· ~ .. ., · L----1 I I r I . : ~ ' , .. ' . • • Engle"l>Od Servic:enter EQOI-LIST BY SHOP Prograa PND2l0 SHOP , 01-SERVICE CllffER R.el .... 4 .IG --DkTB --LI CIIIISE - £QUIN Yll ---MAD-----MODEL---CLASS ---SERIAL tcOeER-----ACQIU)----- 1]01 95 POIID P-250 282 1F'I'HF2SHlSL1M77S1 05 /01/95 990All 1l02 95 POIID BaOJICO ICL 1M 1 FME01SN7SLB42170 05 /09/95 007Al9 1l24 92 amv 1 /2 T PKOP 2A2 1GCDC14Z711Elllill 07 /25/92 956All 1l21 91 amv s -10 1/2 T PtaJP 2A2 1GCCS14Z2Ml273671 05 /06 /91 923All 1333 ,2 amv 1/2 T PKOP 2A2 lGCDC14Z9NB216401 07/31/tl '21All llSl 95 JDP CIIDODI 1M 1J4PJ2IS4SL62'2SO 05/01/95 911All :3'3 '2 CM: 3/4 T PO 282 1GTFC24K6NZS27SOS 05/11/92 941All 1]96 93 amv 1/2 T PO 2A2 1GCCC14Z9PK236540 07/30/93 IHAll 1lt7 93 amv 1/2 T PO 2A2 1GCCC14ZIPK23041 01/13/93 151All 2359 92 PORD IAIG . 1/2 T PO 2A2 1FTCR14!1711P110131S 06/02/92 944All 2361 94 CIISV ClSOO 2A2 1ClCSC14HtllZ2702U 09/15/94 117All 2]76 93 POU) --p /0 2A2 lFTCRl OX4 PP804 S 94 06/10/93 775All ]041 90 amv 1/2 T PO 2A2 1GCDC14Z7I.Z227l61 05/07/90 917All ]179 91 JDNX4 CIIDODI 1M 1J4PJ21S7MLS8IS1I 04/22/91 6l6All ]112 '2 PORD 4X4 ltMGD P/0 1M 1FTCR1STlllPMl44l 03/]0/92 616All ]209 H CM: TC7H042 SA 1GDL7H1JIISJ52Hl7 09/15/95 040Al9 ]210 95 CM: TC7R042 SA 1GDL7H1M7SJS2672S Ot/15/95 041Al9 ]24] 92 amv 4YD OOIP SA lGIIL 7H1M711Jl01047 Ot/01/92 9SlAll ]244 9J amv l/2T PKOP 2A2 10CllC14Z2PK23662 l 01/13 /9] 174All l245 95 CIIIIVROLET ICCDLU SA lGIIL 7H1MISJ104956 05/20/95 999All ]246 95 CIIIIVROLBT ICCDLU SA l GIIL 7Hl.NISJ10S2U 05/20/95 991All ]574 92 amv 3/4 T VAIi 18 2GCICC2SIC11141S6212 07/20/92 402All ]576 n amv l/2T PtaJP 2A2 1GCCC14 Z2JIE2216 2 0 07 /14 /92 404All ]571 95 CIIIIVROLET CORSIO. 1A 1G1LCSSM&SY24'927 05/01/95 919All 4270 93 CDV 4DR IDIIIIA 1A 2G111L54TOP924970] 07/12/93 ll4All 510 92 CM: 3/4 T PKOP 282 1GTPC241CtllZSlS226 06/02/92 411All 5170 92 CM: l /4 T PKOP 282 1GTPC24K9NZS3496S 06/02/92 419All 5171 t2 CM: l T OTILIT lA2 1GDIICl41CHSS45901 06/26/92 420All 517' U PORD4X4 IIMGD P/0 1M lrrcJllSDPPA.tllll 04/21/tl l tlAll 7273 n amv 4DR LIMIJIA 1A 2Glllt.54 TIMt246H 7 07/0]/'2 --619 7274 n amv 4CR LIMDIA 1A 2G111L54Tl.Mt24Sl 71 07 /24/tl --,20 72'1 t2 PORD 4CR-ra.o 1A 2FAPP3604-lSl4'9 05/01/'2 PAl.6401 7292 t2 PORD 4CR-ra.o 1A 2FAPP360Da1Sl4H 05/01/92 an-HI 7315 ,s CDWOI,ST CAPllICI 18 1G18LS2P1SRll1l96 07/21/H 024Alt 14ll 94 CIIIIVROLET 1 /2 T PO 2A2 1GCIICl4ZtllZ20067 01/22/94 H7All Hlt 94 CISVIIOLST 1/2 T PO 2A2 1GCIIC14ZUZ266017 01/22/94 HIAll • SIKlP TOrALS , ITDa ]6 allT S5l2,045 -.CIATSC VIWJS S]]t , 094 iailffDIAIICI f LTD I SH. 775 NnlLY CIKl • lllStla . Nff S7, JU NILS& CRIVIII om:,1 116111 1mUU CRIVIII IYTC I ITDG 5311 OTaa -tJaD IYTC I lTDG • ---------MIWff --- ---COST-----IIJWJB------LTD ---- 15515. 00 13474 . 54 671. 71 16711.00 14514 . 6] SH . 09 8424 . 00 ]710. 57 10]7. 99 9175 . 00 2512 . 20 1154 .24 1424 . 00 2507 .14 2253 .60 11239 .61 15769 .'6 220.15 121'7 . QO 5069 . SI 1774 .41 90]5. 00 5270.42 1705 .45 1911 . 00 5350 . 00 721.55 105]3 . 00 4514 .14 2045 .16 11951 . 00 '"'. so 75]. 79 9419 .00 5422 .29 996 .19 10155 . 00 1329 . 12 1621 .12 14791. 00 5231 .41 1902 . 60 13467 . 00 5290. 61 4765 .2] ]3117 .00 ]0710 .1 0 140 .17 ]]117 .00 30710 .1 0 1572. 71 21904 . 00 15355 . 25 ]931 .6] IHI . 00 5350 . 00 1793 .61 ]376'. 00 2919]. 52 2095 . l4 ]376'. 00 2919]. 52 4236 .24 11117 . 00 5213. 92 167].01 9356 . 00 4121.10 ]197 .19 16127.93 13943 . 94 562 . 6 1 10914 .00 '934. 94 1255 . OS 112U.OO 4127 . 00 2751 . 62 112U .OO 4127 .00 2'02 . l9 16ll1. 00 1190 .50 ]241 93 14111 .oo 1152 . 15 1501 . 67 11331. 00 4ttl . 04 llU .00 11331 .00 ]]72 . ]2 347'. ]6 9Ht . 00 4021 . 75 594 .3] KU .00 4021 . 75 634 -., 17110 .00 11111. 95 2]00 . 62 10244 . 00 7561 . 05 JOH . JS 10244 .00 7561 . 05 26u .02 - Page l Oete 07 /2 9/96 Ti-l2:14 -=----MILBS HRS --M -MILES lll!IG-PY CCUJrT T 4571 ]246 7117 M 2305 2015 4320 M 3ll2 17510 20962 M 2719 29225 31944 M '200 27l41 JlSU M 3054 2411 5465 M 2779 20141 22920 M 2100 117'73 14573 M UJI 1754 10692 M 4214 25034 29311 M 4]64 11]29 15693 M 2104 12171 15675 M 2221 21522 23743 M 5140 42109 47949 M 5709 ]4616 40]25 M 472 151 630 K 606 69 675 H 470 2231 27 01 H 4]6 1037 U.73 H 56] ]12 945 H 612 117 729 H 1926 16217 1 1143 M 1014 44264 S2348 M 41ll 4069 1900 M 6066 25419 llSSS M 3445 17126 21271 M ]403 22]51 25754 M 41ll 26749 31587 M 3469 1.3200 16669 M 2170 ]1341 34211 M ]444 41151 45]02 M 1996 21611 2]'77 M 3021 11ll4 21355 M 14525 6154 21]79 M 1312 21]] 4215 H 777 1121 2591 H ' . .. I • • 0 1 32xl ~ (N N X .... l • h • I i, CITY OF ENGLEWOOD BID PROPOSAL TABULATION BIO ITEMS(St -Natural Gae CompreHor Bid Opening Date: July 19, 199611:00a.m. lffO. a,aaer 1110 ..... Tola/ ---------·- Price Tradeln Bid EXCEPTIONS t Natunl Fuel• Corporation Att: •ke Bloeman $50,115.00 $1,000.00 $44,985.00 None 5133 Stapleton Drive N. Denver, Co. 80211 z lulllerUSA,lnc. Fu (713t 780-2141 NoBld 2181 WlcrNt, Su ... 450 HouelDn, Tx 77042 s ~.Inc. Alt $35,7H.OO $3,000.00 $32,795.00 SN Clarlflcatlona attached to Quote 702 W. 41th Ave. Denver,co.80211 4 , ... __... TechnologlN, Inc. Alt Wendy Yandell $12,338.00 $4,800.00 $57,538.00 12111 8oulh Bloomfleld Santa Fe Springe, Ca. IOl70' II I r.-...uSA Alt George A. Fruita 4702 County Road 108 Ellabelh, Co. 80107 (nalllfll gal c:omp,9UM) • , • \ 0 I , r I . ~ • ·, • <' MEMORANDUM Ts ecay GomDID. Bll)'S m Pll Wbile, F1ecl AdmiDlllnlm' July 23, 1996 CNQc..p..-. I wouldro,•• d dlll wcaapl die .... lawlS llid ltca Mllall Pa Ira ..a ofS44,9l5.00. 111c lawlS biddlr, MaraD 1Dc.. did ... .-dlcllid 11*-111ccwpa.-w ID bc--1 b 51 SCFM tam 20 plia llll:dlll ~ ID 5000 plil dlldlal'F, 111c ca-pa.-. dill Mllaa llid W med ID 4500 plia dill:bqeprallft, NCnl fa bal lDII all ofdlc llid, .... i ntz lfyaa ..a a, llr1llcr ....... plmC IDd be ID cmiactmc. · . .. I • , • • COUNCI. coalUNICATlON .,... Agendallllm August 19, 1996 /t) o-iii INITIATED BY STAFF SOURCE Subject e,._...., Reenlllioll Center Roof Rapalrs Department of Public Works Charles Esterly, Director of Public Works ' , COUNCIL GOAL AND PREVIOUS COUNCIL ACTION .. No previous Council action has been taken. RECOIIIIENDED ACTION Approval 11D award the cor*9ct for ,aaf ........ at .. EtlglNaod Rac:INlcll, Cenllr' ID Unlllld ........ Inc., .. secand lowest bidder. BACKGROUND, ANALYSIS, AND AL TERNATNES IDEN1FIED The Englewood Recreation Center has expeiillt lCed roof leaks for eeveral years . v.ioua palching programs and repair lllchniques have been conduc:18d, resulting In limlllld sucmu. During the Spring of 1995, a roollng contractDI was c:onsulld ID dearml,e the approach that would l1IIOlve the roof INk situation . Unillld Malilriall, Inc. was then choNn ID mak8 19pairs ID the IOUth facing roof NCtiorl where .. running track experienced ....,.. lellcage during ilClemlnt weather. Repairs included removing the exiatlng tile and undertayment from gutlllr ID ridge, ,_. expoling .. bar9 rod deck. New uiiderlayment and talling ..,. then applied before replacing the tiles. Since~. al thil repeir pra;ect. ..,. have been no recorded INks ID ttlis MCtior'i al roof . The propoNd 1990 repeir project addl 11111 the nor1h facing roal deck and .. ,aling carrw Mdlons, utilizing the 1995 repeir project spec:illc:allollS. The bid proceu was initialad in June. Nine bid peckats..,. diltribulld, and tine~-,-ponded. Approval al Unilad Malilriall, Inc. for the 1990 project would.,_.. CDI 11111 iCJ In ........ ~ the Mllre roof systlm, which would be advantageous lhould additional l9pairs become necwary In the future . $78,175.00 117,0UD $52,480.00 I . 0 1 32 x l • . ~ · .. • <. .. ----- The low bidder, Drury 8rolhers Roofing, ha a negallve M111t hislDry in the City of Englewood. This ii exemplllled by the allached mamar•ldum from the City AllomW• office. Ther9fore. approval of the NCOnd iow.. bidder, Unillld Mat8rtala, Inc .• ii 1'8C01ffl181 lded. The roof repair project ii included in the 1998 Col_vatiol, Trust Fund project lilt wllh a budget of S130,000. Taal appiapriltion request ii $82,434.00. Unllad Malartail, Inc. Col ,11ngaucy (replacament rooftllN) S87,434.00 1sogom $82,434.00 •. •· 0 0 \.. • . ) I • CITY OF ENGLEWOOD BID PROPOSAL TABULATION .,_., __ """·""·-: ···'I {,-_ DATE OPENEP • /!In, 1~; _1,.. ,111001,m, NO BIDDER Total Remarb 1 8 .I Al •-fl•, JIJI N. 1Jtl, Slrfft S71,171.00 30 DAYS FROM NOTICE TO PROCEED 8ollllln, Co. IIJII NO EXCEPTIONS 2 Cllyt,,ltk •ooJ1•1 I'. o. IJOJC II 11 DIDNOTBI> ~.,..,., Co. IIHI 3 U1tlt«I M•erWs, l,u:. l'.O. IJOJC IJU Sl7,434.00 FALL OF 1IIIINEGOT1ABLE 1111 W. /Jtl, AN NO EXCEPTIONS DnNr, Co. lllH .. c.-i •Hflal IIJI II. Alt AN. U1tlt D DIONOTBID ....,,Co.llllf I FINI•-,. •oofb,1 Sy,a#O r I . IAa: ..... ., NOBI> ....,,co.•111 I CB/Wat ..... g 1AM: Jar, ........ DIDNOTBI> ~ 1111 W. /Jtl, AN. DnNr, Co. lllH .. 7 "-, ,,,.,_, •ooJ1,,1 1.4#: ,._, ..,.,, ' "2,411.00 10 DAYS FROM NOTICE TO PROCEED llll Nl-lJ IEE EXCEPTIONS hdle, Co. 11111 I ~ ffs/, Co,utrlldlolt l.4.r:6enk DIDNOTBID r. 0. """ JJ'46 lTNndN, Co. lllJJ • • , • 0 • ~ w "' X - CITY OF ENGLEWOOD BID PROPOSAL TABULATION --··---·°"·-. I '' I --··-----· NO BIDDER Total • S-,,ulor •-fl•I 14111 E. Jftl, AN. A..,., Co 11111 ~ ' • • 0 DATf: OffE"t!g • J"" 1~, 1 .. U1!9Q~.m : · Remarb Dl>NOTBID " ,' Cl r I . ~ • • ·, • '· MEMORANDUM TO: Chuck Eateriy, Public W FROM: DATE : July 22, 1!186 REGARDING: DnlryB I have attacbed the crimiaal matter. reprdin, Dnuy Brodlen Baafiq. Aa :,o11 haw indicated tbia iDformatioo abould be lldllcimt to diaqua1ify Drury Bratben from roofinc at tbe Recreation Centier eva though they are the low bidder. Attachment DB/nf •. ~ . • .. I. ----------------------------------------:--------~---; i , • Date August 19, 1996 INITIATED BY Election Commission • COUNCIL COMMUNICATION Agenda Item Subject Intergovernmental Agreement w ith Arapahoe County for November 5, 1996 Coordinated Election STAFF SOURCE Loucrishia A . Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • The City of Englewood participated with Arapahoe County in conducting coordinated elections in 1993, 1994 and 1995. City Council approved Ordinance No. 28, Series of 1996, submitting to a vote of the registered electors of the City of Englewood, at the next municipal election, a ballot issue authorizing the issuance of general obligation bonds of the City of Englewood for the purpose of financing the construction of improvements to the City's water system and the purchase of water processing equipment including all necessary and appurtenant facilities . RECOMMENDED ACTION Approve , by ordinance , an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 5 , 1996 Coordinated Election . Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment, approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. Arapahoe County has advised the City of Englewood it will be conducting a polling place election , as it is a partisan election, on November 5, 1996. The County has the capability of coordinating this election and including the City of Englewood . The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities w ithin the County. In order to participate in the 1996 coordinated election , it is essential for the City of Englewood to enter into an intergovernmental agreement with Arapahoe County . Staff has rev iewed the proposed intergovernmental agreement with Arapahoe County and concurs with the Commission's recommendation . FINANCIAL IMPACT Since costs are based on several variables , i.e. the number of registered electors in the C ity of Englewood at the t ime of the election , and the number of entities participating in the election , the financ ial impact is only an estimate . Based on the known facts the cost of the 1996 municipal elect ion has been budgeted ~t $20,000. · LIST OF ATTACHMENTS Proposed Council B ill No. 43 . The Intergovernmental Agreement is attached as Exhibit A . • . .. I· 0 -----------------------.i------------------------------ • ORDINANCE NO . _ SERIES OF 1996 • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER~------ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 5, 1996 . WHEREAS , pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 5, 1996 election ; and WHEREAS , the Colorado Constitution Article X, Section 20, requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot iHues that will be submitted to the electors of Arapahoe County and the City of Englewood; and WHEREAS , the TABOR notices of several jurisdictions are to be sent 811 a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the pUl'J)Ollell of said conatitutional section; and WHEREAS , the County and the City of Englewood desire to aet forth their respective responsibilities for the General Election and for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $ectipn 1: The City Council of the City of En,lewood, Colorado hereby approves an intergovernmental agreement between the Arapahoe County, by and through the Arapahoe County Clerk and Recorder , and the City of Englewood to conduct a coordinated election November 5 , 1996 . The Intergovernmental Agreement For Coordinated Election is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to elUIC'Ute and the City Clerk to attelt and aeal the Agreement for and on behalf of the City of En,lewood . Se<;tjpn 2. The Intergovernmental Agreement For Coordinated Election ia attached hereto 811 "Exhibit A .• Introduced , read in full, and palled on tint reading on the 19th day m Au,uat, 1996. -I - .. • . • I • • 0 '32xl • • ,.. • · ... • . . Published u a Bill for an Ordinance on the 22nd day of Aupat, 1998. Thomu J. Buma, Mayor ATTEST: Loucriahia A. Elli,, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on fint reading on the 19th day of Auguat, 1998 . Loucriahia A. Ellia -2- ,_-.,, . • f • .. I. 0 '32xl • • • • <, "EXHIBIT A" -IARWBNnl P01l COOJmDmTm> m.acTXmr Thia Intergovermaental Agreaaent i• entered into by and between the Board of County C~••ionera of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to •• th• •county•), and the Citv of Enalewood lfDRDS, purauant to the tJnifo%a •l•cticm Code of 1992, •• amended, govermaental entiti•• are encouraged to cooperate &Dd conaolidate election• in order to reduce taxpayer expen•e•, and WHERBAS, the County and the City of Englewood have determined that it i• in the be•t intereat of the taxpayer• and the elector• to conduct a Coordinated Blecticm at the November 5, 1996 election; and WBBRBAS, Colorado Con•tituticm Article Z, Section 20, require• the production of a mailed notice (•TAJIOR• lfotice) ccmcerning certain ballot iaaue• that will be aubmitted to the elector• of the . County and the Ci tv of Englewood ' &Dd WHEREAS, the TABOR notice• of aeveral juriadictiona are to be •ent aa a package where juri•dicticm• overlap, &Dd WHEREAS, there ahould be county-wide coordiDaticm of th• production and mailing of the TABOR notice package to effectuate the purpo••• of aaid con•titutional aecticm; and 1 . , .. I. 0 '32xl • .-----------------------~------:~--, • • <. WHEREAS, the County and the Citv of .Englewood d••ir• to ••t forth their r••pective reaponaibiliti•• for the coordinated election and for the production and mailing of the TABOR notice package pur•uant to th• Intergovermaental Agreaaent. NOW, TBBRBPOU, IT IS ACDlBBD by the County and the city of Englewooe •• followa: l. Th• Hovaaber 5, 1996, election •hall be conducted •• a coordiziated election in accordazace with the Uzlifoza •lection Code of 1992 (Article• 1-13 of Title 1, c.a.S.) aid~• ...adaeztt (Section 20 of Article Z of the Colorado Conatitution). Th• election participant• ahall be required to execute agre-.nta with Arapahoe County for thia purpoae and .. y include mmicipaliti•• within the Arapahoe Couzity liaita; acbool diatricta within the Arapaho• County liaita and apecial diatricta within the Arapahoe County liait• and the State of Colorado. 2. Th• Hovaaber 5, lH6, election ahall be conducted by the County with the uae of ballot carda and electronic vote- counting equipment. 3 . Th• Arapaho• Cowaty Clerk mad Recorder ia dHignated a• the coordinated election official and the City of Englewood juriadiction hereby identifiH the .Englewood City C~Zlllt it'• •d••ignated election official•. 4 . Th• County ahall perfoca the following taaka in relation to •aid election, to wit: a. Negotiate ma agre~t with lequoia •acific Sy•t ... Corporation for the printing of the official ballot• utilized for Abaent•• and .. rly Voting. 2 I· I • -~-------------------------- • • (. b. Provide a copy of all agreement• or contract• negotiated for election •uppli••• equipment and/or ••rvic•• to all juri•diction• participating in the coordinated election. c. Provide a copy of the ballot layout and the text of the official ballot to the City of Englewood for proofreading before authorisation to begin printing of all ballota begiDa. d. Certify the ccaplete number of regi•tered elector• within the Arapaho• Couzaty portion of the Citv of Englewood no later thaD October 16, 1996. •. Provide aupport OD the date of the election by telephone and in per•on, ahould th• need ari••• until counting of the ballot• i• cC111pleted. f. Provide w:aofficial reaulta of th• election on election night by telephone or by facaiail• tranaaittal upon r•czu••t. g. Maintain a li•t of actual voter• from the November 5, 1996, election, &Ad, upon requeat, generate a printed liat, of th• peraona wbo voted followizlg the election. Th• co•t will be $.005 per n .... h. D•t•zai.D• the •luat coat• .. thod for aailing the TABOR notice package. Nothing herein •hall preclude the County from ••nding the TABOR notice or notice package to peraon• other than elector• of the Citv of Englewood if auch aending ari••• from the County'• effort• to aail the TABOR notice package at the •leaat coat•. 3 .. I. • 0 f 32xl ' • • < • ·~ • i. IAc:lude th• Citv of .!nglewood tut, aa written and in the order aubaitted, in accordmlc:e with the TABOR amendllent requireaeDta for th• TABOR DOtice requir-.ita for th• TABOa notice. j. Store all voted ballota for a wintwm of ia .,, won.tha, and all other -tuial• required by 1-. (C.a.s.1-7-102), to be aaved iA nch a enner that thay -Y be acauaed by the partiaipatin9 jari.U.c:tima, if aec-auy. to ruol,,. aay abal.leage or other legal CIQMltiaDa that aiglat ad-~ tlae alec:tima. k. flae Coaaty alaa11 keap a aarehl alld aoaarate ac:cOUAtin9 of tie, nppli-. prilltin9 aoata ad aalar:1- attrilNcable to tJle Coullty'• Nhfntatntima of tM alectima for the of actual coat• alaall be baaed OD Coaaty -.mtt ~ rel.ative to the llovabu 5, UH, alecticm, illaluding ~ted -.are of naoa notice. 1. Appoint, ao .. •••te, iaa~t ad o,,era-the board of canva••er•. 8. llo later~ 10 ..,. prior to al•t:f.OII, provide the participating juri.U.c:tia11, DO 1 ... tllaa 10 Nta •f eac:11 •teat deck• of tJle juriaclic:tioada ballot atyle <•> • to allaw far t-ting of elec:trcmic ,rote-ccnmtin9 equipaeat pertatnt .. to a.-1:-mad llarly Voting. ll. bforae Capdp hfona &at of 117' (Article 45 of Title 1, c.a.1.> . ' .. • • • • . . s. The Citv of £nalewood •hall perfora th• following ta•k• in relation to aaid election, to wit: a. Proofread the layout and the text of th• juriadictiod• portion of the official ballot• before authorising the printing of all ballot•. b. The City of Englewood i• to publi•h all required legal notice• for the juri•dictiml• ballot que•ticma and candidate•, includi.Ag the notice that i• required by c.a.s. 1-5- 205, that 18 publi•h•d at l-•t 10 day• prior to the election which cover• all pertinent infoZ211&tion required by •tatute. c. Prepare, hand-coW1t and deliver to the CoW1ty Clerk, the required teat deck of ballot• for te•ting the electronic vote-counting equipment, no later than October 30, 1996. d. Remit payment directly to Arapaho• CoW1ty within 60 day• of billing for it• prorated •hare of all co•t• relating to the printing and mailing of Ab•entee Ballot•, :larly Voting Ballot• and the judge• co•t •••ociated with Barly Voting and all other election expen••• de•cribed in Section 4 k & 1 -Th• current ••tiaate of co•t• i• $.78 per ballot card plua $.10 for each additional ballot card per ••t, to be •hared by all participating juri•diction• for Abaent•• and Barly Voting. •· Comply with the provi•ion• of the Uniform Blection Code of 1992 (Article• l-13 of Title l, c.a.s.), &Dd the· time guideline• •chedule •• attached hereto aa th••• relate to the November 5, 1996, election. Th• Citv of Engle~oe •hall notify the County of any exception no later than 29 day• prior to th• election. 5 .. I. • • • .. ... f. Provide to the CoUDty, (on coaputer diakette formatted in WordPerfect DOS), all required TABOR notice• concerning th• participating juriadicti~ ballot iaau•• by the date and iD th• mazmer required by the Ul:u.fo:i:a Blection Cod• and applicable rul•• and regulation• iD (Rule 5. 4) • Proofread and make any correctiona to th• layout and text of the notice• within one day of the requeat of the County. g. Th• City o( cnqlewood aball def.ad and reaolve at it• aole expcaa• all challenge• relati,,. to the ballot queation• and candidate•, a• certified to the COUZlty for incluaiOll iD the Movallber 5, 1996, coordinated election. h. Swait to the Cow:1ty a copy of the participating juriadictiom. Nap with the liat of cOUDty precinct• which aorreapond to the COUDty. i. R-.it payam1t to th• Cow:1ty within H day• of billing for the prorated coat of the preparation and -iling of the TABOR notice package. j. Order and deliver a certified copy of the property -era liat for the Cit.v of Enalevood ' (if de~ applicable.) ,. The City of Er.glewood aver• that it ba• aufficient funda available iD it• appro,,ed budget to pay it• prorated election expesiae• for the lloY9aber 5, 1995, election. ' .. I. • • • <. \' ,.. 7. UnleH otherwi•• agreed in writing, thi• Intergovernmental AgreemeDt &Dd the interpretation thereof •hall be governed by th• law• of the State of Colorado. 8. Should any proviaicm of thi• IntargoverDaeDtal Agreemant be determizled by a court of coapetm:it juriac:liction to be unconatitutional or oth•rwi•• null &Dd void, it i• the intm:it of th• parti•• hereto that the r ... ining proviaiona of tlu.• Intargoveraaental Agre...nt aball be of full force &Dd effect. 9. )fotic•• to be prori.ded muter thia Intargov~tal Agreeaallt ahall be given in writizlg either by band delivery or depoaited in the tJ'Aited Stat•• aai.l, certified aail, return receipt req1ieated, with aufficim:it po•tasre, to the following per•on•: Arapahoe County Office of the Co,mty Attoruey 533t South Prince Street Littleton, Colorado 10166 Cit~ of En~ewood olhce of• city ,\ttorne•, 3400 south !lati Street !nqiewooc!, cb 80110 10. Thi• IntergoverDIICltal Agreeaaat aay not be IIOc:lified, amended or otherwiH altered wil••• aut\l&lly agreed upcm in writing by the parti•• hereto. 11. A,ttagbeentu Th• ateac:lmm:lta Oil the followizlg ~· <•> are a part of thi• agreeaaat. 7 . 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'i I + + I;' t + ti ... ... ... ... .. I i i-. * ++ i I ' ·! ; 't ... Ei i I i ...... ii ~ ;: ~i: b t;;t;: ... ... ~ p 3 ~ s ... 9 ,.. 9 ,.. p -8 ... ~ ..., ..., ... ...., g 0 l ... r g ~ ' ll ll 0 .. u u u 1 } [ - ? 1 ~ i , .4 a ( CJ r I . ~ , .. ' . • • • COUNCIL COMMUNICATION DATE 8-19-96 I Agenda 11am , I Subject Animal Housing ! I 0-, Services Agreement INITIATED BY Safety Services I STAFF SOURCE Deputy Director Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Regional Cooperation: In 1991. Council approved an Animal Housing Services Agreement with the Colorado Humane Society, Inc. to provide day-to-day services at the Englewood Animal Shelter. This contract expired in May of 1996. RECOMMENDED ACTION Approval of a new Animal Housing Services Agreement with the Colorado Humane Society to run the Englewood Animal Shelter; said agreement to be on a one-year renewable basis . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Prior to 1991 , Englewood employees, operating under the supervision of the Police Department , ran day-to-day activities at the shelter. including the adoption, release to owners . and destruction of animals, as necessary . In 1991, with animal control under the jurisdiction of the Community Development Department, it was determined that contracting out the operation of the shelter. while retaining animal control responsibilities . would be a more efficient mode of service delivery for the city . After researching potential contractors, the bid for services was awarded to the Colorado Humane Society , Inc. in the form of a five-year. rate-adjusted contract. Upon expiration of the contract, staff researched other options to utilizing Colorado Humane as a contractor. including the return of the shelter to Englewood management in a cooperative venture with other local agencies. After much research. it was determined that , for the present time . contracting with Colorado Humane continued to provide a more efficient option than any others researched . .. • • .. . " • ~. " FINANCIAL IMPACT The contract with Colorado Humane will be for $34,020 a year ($2,835 .00/month), and if renewed may be adjusted based on the Denver-Boulder CPI , but no more than 7% annually . The city is responsible for any major maintenance issues at the shelter, beyond those identified in the agreement. UST OF ATIACHIIENTS 1. Bill for an ordinance 2 . Animal Housing Services Agreement. ' , •. ., .. I . . 0 'a2xl .. ORDINANCE NO. _ SERIES OF 1996 • • BY AUTHORITY AIIILLPO& ... ldk&LllltL M). ti INTRODU~COUNCIL --~, .. All OIDINANCS AFPIIO'VING All NPIIMWff WITII TB COLOaADO HUMANE SOCIETY AND THE ClTY OF ENGLEWOOD FOR THE LEASE OF TBS BMGLBWOOD AIIIIIAI. IDLfta. WHEREAS, tbe City of ED,lewood Aaimal Sbeltw wu opanted by tbe City of En,lewood under the aupemaian aftbe Police J>.pmtment until 1991; ad WHEREAS, in 1991 Eqinood'• animal control wM under tbe jariadiction of Community Development and it wu detamined that contnic:tmc out tbe operation of the animal ,helter, while ffllliDinl animal control respouibilitiea by tbe City, would be a more efficient mode of NrYice deliftry for tbe City; and WHEREAS, the Enflewood City Council approYed an Aaimal Houm, Services Agreement with the Colorado H-Society, Inc. by the ....... of Ordinance No . 17, Series of 1991, to pnnide day-tAMlay NrvicN at the Ell,-.oocl Animal Shelter and the contract upired in llay af 1916; and WHEREAS, after l"8NU'Chinr patmtial contnct.an, tbe bid far~ hM bem awarded to the Colorado Humane Societ:y, Inc. to nm the Eqlewood Animal Shelter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: k;ticwa 1. Tbe Apwt .,.._ tbe Colorado Humane Society and the City of En,lewood, Colorado for the INN aftbe ~ Animal Sbeltar, attached hento .. "Exhibit A,. ia hereby acmpt.ed ad .....,,... by tbe Eqlewood City Council. k;ticwa 2. Tbe Mayor ia authariwl to_.. ad tbe City Clerk to attNt and seal the Agreement for ad OD bebalf' of tbe City af Enpwood, Colondo. Introduced, read in full, and pMNd OD lint NadiDf OD tbe 19th day af Au,uat, 1996. -1- • .. • 0 1 a2xl • ,. • • Publiabed u a Bill far 1111 OrdiDaDc:e OD the 22Dd clay of Aupat, 1996. 'lbomu J. Burm, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and fonpms ia • true copy of. Bill for aD Ordinance, introduced, read in full, and palNd OD flrat radinf OD the 19th clay of Aupat, 1996. Louc:riabia A. Ellia -2- . . . , . ' \ . ' •, .. I· 0 "' 1 a2xl ( • ·------------~---------,.......... • • '· ANIMAL HOUSING SEBVICES AGBIZIO'NT This Agreement ia entered tbia 1st day of July, 1996, by and betwem the CITY OF ENGLEWOOD, a Colorado municipal corporation. 3400 South Elati Stnet, Eql-oocl, Colorado, 80110, (the MCity"), and THE COLORADO HUMANE SOCIETY & S.P.C.A, INC., a Colorado nonprofit corporation, 11490 York Street, Thomton, Colorado 80233, (the "Contractor"). RECITALS 1. 'Ibe City desires to contract with the Contractor to operate it.I animal llhelter facility and pro(J'am. 2. The Contractor baa the desire and the ezpertiae to operate such a facility md program. In consideration of the mutual covenants and pa"Ollliaa of the partie1 hereto, the City and the Contractor covenant and agree u follows: SECTION l CONTRACTOR SERVICES AND OBLIGATIONS A . F ;\CILITY . The City herein leases to the Contractor the Eqlewood Animal Shelter facility located at 2760 South Platte River Drive, Engl-ood, Colorado, at a 1-rate of 8 . :S 1. 00 per year. The facility shall be uaed and occupied ezcluaively u an animal shelter facility for the City of Enclewood and other municipaliti111 or entitie1 for a period of time no longer than the term of the A(reement. Such facility shall be operated in accordance with all appropriate State, City and other applicable laws and reculationa. The City lhall furnish to the Contractor, upon reqUelt, copie1 of any and all relevant laws, 1'91W&tiOD11 and ordinances and shall provide in writin( thON City practices which relate to ita animal shelter activities . The City herein acknowledges and acnes that the Contractor baa the ricbt to contract with other municipalities md entities to provide animal shelter aervicea for them at thia animal shelter facility . However, the City of Encl-ood shall have ftnt (lat) priority in the event the animal shelter facility ia full . Shelter staff shall i.naure that at leut one doe run and one cat care ia available for animala impounded after houn on weekdays and at leut two dof rum and ODe cat cap available for weekend uae . An Enclewood Animal Control Officer will be available durm, normal work days and houn to tnnaport uceu animala to Colorado Humane Society', South Facility provided that there ia an additional officer available to cover calla. The City further acknowledpa and acre-that the Contractor baa the ricbt to Mt ita own fees with recard to the operation of the animal llhelter facility and to receive all f-and other revenues derived from its operatiOD . EQUIPMENT. The City shall provide to the Contractor for it.a UN in mamtaininf the facility all the equipment prnently uNd by the City for itl animal abelter NrVices, which equipment ia dncribed in Ezhibit A. attached hento and incorporat.ed beniD by refennce. The eqwpment shall be delivered to the CODtractor in pod. wanm, ords. The Contractor shall have the n,ht to UH tbia equipment, er any ocbar equipmat pun:bued by the City for uae in the animal lhelter facility , durinf the term of the ApMment. UpaD apiratioD or termination of the Ap'Nment, the UN of all such equipment shall revert to the City . •, .. I • 0 -------------------------.----------------------------,-~ • • • . . C. OWNERSHIP . Bgth PNPII eclrnnleclp apd MJ'10 that the City qf EnrJm,pgd QllTIQtlY OJDMI and •bell continue to own tbe animal llhelter facility itlelf, all the equipment deacribed in Emibit A, or any other equipment purcbuecl. by the City for uae in the animal shelter facility and the crematorium located at tbe animal llhelter facility. D. EXPENSES OF OPERATION . The Contractor shall be rwpomible for and shall pay tboN upemea of operation u aet forth in Ezhibit B, attached hereto and incorporated bareiD by reference . E. F . The Contractor shall be 1'9lp0Uible for normal maint.mance of the facility, the poullda, and the equipment in order to keep auch in reumable repair. Thia includes such repair and repl-ent of reumable repair. Thia includel such repair and repi-ent of the facility or the equipment which ia ~tated by normal wear and tear, ucept for any ~or repair or replacement cauaed by normal wear and tear u aet forth immediately below . The City shall be responsible for any major repair or replacement of the facility or the equipment, even if such repair or replacement ia necessitated through normal wear and tear. This includes but ia not limited to, responsibility for tbe building itself, the plumbing system. the electrical systems and the major equipment, including but not limited to such items u the "Houy" machine, The Contractor shall not be responsible for any such major repair or replacement unless such ia n~tated throup its p,,u ne,ligence. The Contractor shall notify the City in writiq when, in ita opinion, a need uiats for major repair or replacement. The City shall have the right. upon twenty-four hours writt.en notice to the Contractor, to enter and inspect the facility and the equipment and to make any repair or replacement which it may deem necnaary. In the event, the City dNm8 such a repair or replacement ia the respon1ibility of the Contractor and so desires to c:harp the Contractor, the City and the Contractor shall qree upon such repair or replacement in writiq before such ia performed. SCOPE OF SERVICES. The Contractor shall provide the City with the following services in addition to thoae listed elsewhere in the Acreement: 1. Receive and house all animals broucht to the animal shelter facility by Enclewood Animal Control Officers, En,1-ood Police Officers, or other authoriaed City staff. 2 . Abide by all City re,ulations, ordinances, or policies relatiq to the acquiaition, maintenance , and di.aposition of animals in ita care . 3 . Provide Englewood Animal Control Officers, Police Officers , or other d•ipated City staff' with a means of acces1 to the animal llhelter facility duriDc non-business hours . MUNICIPAL REGULATIONS . The Contractor shall enforce and perform any and all animal re,ulatory functiODI u required or permitted by state, city or other reculation or ordinance, which functions relate to animal houainc or abelter Mrvices. The City shall provide the Contractor written copies of all City ...,ulatiC1111 , ordinances, or polici• relatinc to the acquiaition, maintenance , and di.apoaition of animals . In the event that the City desires that the Contractor perform additional 1'9fUlatory ftmctiCIDI, such u animal 2 .. I. • 0 '32 x l ----------------------.---=-~----------------------,----, • • ·, • - control func:tiom, thil reqUNt shall be aet forth in writinf, siped by both parties, and attached to the Ap-eement u an ubibit. G. STANDARDS OF OPEBATION . In ldditicm to emorc:mr all replatory func:tiom u specified above, the Ccmtnctor shall meintaain and operate the animal ebelter facility in accordance with nplatiom eetaNiebed by the Colorado n.putment of Health which eetabliah standarda relatinf to the phyeica1 facilities, animal encloaur91, sanitation. and the care and bandlinr of animala. H. HOUBS OF OPQATION. Tbe Contnctor 1ba11 bep the facility opm to the public dminr the folJ.owiDr boun, acept for 111.,r bolida,a: Monday-Friday ................................. 10:00 A.M.-8:00 P.M. Saturday ......................................... 10:00 A.M.-5:00 P .M. Sunday ........................................... Cloeed Major holidays include New Year's Day, Memorial Day, Fourth al July, Labor Day, Thankspving, and Christmu Day . I. INSURA,i;iCE . During the term of the A(reement, the Contractor shall maintain the following types and amounts of inaurance. Such insurance lha1l name the City u an additional insured: 1. Compreheuive General Liability Inaurance in an amount of not 1-than $500,000.00 combined lin(le limit. 2. Employee Liability and Workmen's Compeuation which shall provide protection against any and all claima raultinf from iltjuriee to or death of any of the Contractor's employees. Any deductible under any of the above deec:ribed inaurance policiH shall be paid by the contractor. The Contractor shall provide the City with such Certificate(s) of Insurance evidencinr compliance with the above proviaiona no later than thirty (30) days after the eucution date of the A(reement. The City shall demOILltrate to the aatilfact:icm of the Contractor that adequate Nlf- inaurance ia provided for property and ,-al liability damap. Participation in the Colorado Interrovernmental Risk Sharinr Aamcy (CIRSA) 1hall be d-ed aatiafactory self-insurance. The City shall provide the Ccmtractor with IUc:h Certiftc:ate(1) of Inaurance evidencinc compliance with tbeee proviaiona DO later than thirty (30) days after the esecution date of the A,reement. 3 .. I . 0 • • • J . REcogps AND REPORTS . 1. The Contractor sball maintain records of all animals it handles in the performance of the Acreement. Such records shall contain the following information: type of animal, su, breed, color, diapoeition by the Contractor, and any additional information required by the City. A aummary of thia information sball be provided to the City on a monthly buia OD approved forms at the aame time that the mODthly biJliDr ia submitted. Recorda of vicious animala and dor bite incidents sball also be aent to the appropriate penunental authorities. The Contractor sball maintain complete and accurate records concerning the nrvenuea it derives duriq the performance of the Acreement &om the operation of the animal shelter facility . Such rwenues shall include adoption f-. reclaim (by owner) fees, and donatiom &om the City, u well u such revenues collected &om other municipalities or entities. 2. REPORTS . Upon written request by the City, the Contractor shall provide the City a quarterly performance report that includes the following: a. The Contractor's activities for the previous quarter, with emphasis on problem areas . b. Whether or not any changes iD policy will occur . c. Recommendations concerning fees , licenses , and animal regulatory laws . d . Any recommendations or information related to animal control in the City which are iD the best interest of the City or which may be requested by the City. e . A financial statement of operations of the animal shelter facility in accordance with a format to be determined by the City . In the event such a quarterly report ia submitted to the City, the Contractor shall be available at any reasonable time to diacuu same with the Contract Administrator or hia desipee. K. VETERINARY ANO RELATED MEDICAL CARE The Contractor shall provide maintenance-level veterinary and related medical care for aick or injured animal• brought to the animal shelter facility and to those which become sick d\ll'Ull impoundment. If an animal ia reclaimed by its owner, then such owner shall be rupomible for all veterinary and related medical COits . L. CONFIDENTIALITY . The Contractor shall, to the utent permitted by law, keep all information which it receive• concernin( complaints , names , addresses , and telephone numben of complainants and witn.._, and the names, addresses, and telephone numbers of owners confidential. The Contractor shall , to the sreateat extent pouible, protect an individual's ri1ht of privacy and shall not circulate or permit the circulation of this information for commercial purpoiea or other pU?pOIH not related to the duties undertaken in thia Asreement. The Contractor ii not prevented. however, &om releaain1 that information which may be neceuuy for the location of an animal'• owner or the 1ainin1 of consent for medical treatment. The Contractor may also uae that information it considers neceuary or proper in and for its fund raiaine activities . 4 • . I • 0 • M. N. 0 . • • .. • NON-DISCRIMINATION . DuriDc the pert'ormm ofthia Acre-mt. the Contractor shall not diac:rimiDate on the buil of race, color, au, reliliOD, natioaal oripl, creed, marital status, age, or the preeence of any aemory, mental, or physical handicap in employment or application for employment, pnmded that the applicant is able to perform the required duties, or in the administration or delivery of ..-rieN, or 1111y other benefita under the Agreement. The Contractor shall comply with all applicable federal, state, city, and other laws, regulationa, or encutive orders. PROHIBITED TRANSACTION . The Contractor shall not pve or sell any animal for research purposes. RETURN-TO-OWNER POLICY. The Contractor shall maintain a policy relatini to the return to owners of their animala aDd shall make 1981')' reaaonable effort to inaure that u many animals u possible are so returned. SECTION2 CITY OBLIGATIONS A COMPENSATION/MONTHLY PAYMENTS . In comideration of the services to be performed by the Colorado Hum1111e Society under thia Acreement, the City shall pay the sum of thirty-four thousand twenty dollars ($34,020.00) per year, payable in monthly inatallments of two thousand eight hundred thirty-five dollan ($2,835 .00). This rate shall be in eft'ect from July l , 1996 through June 30, 1997. During the balance of the term of this Apeement, i.e., ·from July l, 1997 throuah June 30, 1998, if sufficient funds are appropriated, the City and the Colorado Humane Society shall adjust the rate of compensation on an annual bail. The amount of ad,juatment sball be the same u the percentage l"'ol change in the Consumer Price Indu-U for the Denver metropolitan area for the prior calendar year. However. in no case shall the adjustment be Ina than zero percent (0'!1>) or more than HVm percent. (7%). lfthe CPI-U for the Denver metropOlitan area ia not available at the outlet of · the calendar year. the City shall continue to pay the Contrador at tbe rat.e Mt forth for the prior year. At such time as the rate adjustment ia calculated, the City sball pay the Contractor the difference between the new rate and the rate set for the prior year rwtroactive to January lat of the calendar year. Said retroactive payment shall be due in full at the nut regular monthly payment date after the new rate ia Mt. B. MONTHLY BII,LINGS . The Contractor shall submit billinp to the City by the end of each month for that month's compensation. Each monthly payment shall be due on the twentieth (20th) day of the succeeding month. A late charp of twenty-five (2S'!I>) sball be au-.d against any payment received after the twentieth (20th) day of the month. C. D. REVENUES . All revenue collected by the CODtnctor from adoptiom, reclaim fw, or donations, whether from the City or other municipaliti• or entitiN, shall accrue to aDd become the property of the Contractor. All court bes aball bec:cae the property of the City. ANIMAL CONTROL . The City is 1'91J)OD8ible far all animal CODtrol services witbiD ita City limits. Subject to Section l , Parqrapb G, in tbe 1Yent the City dali1"N that the Contractor issue citations at the animal shelter facility far Yiolatiam af applicable laws, regulations. or ordinancea. the City shall tab wbaiever action ia n-,y to imun that the Contractor is lecally empowered to perform IUch a duty aDd to train the Contnctor'1 employeN in the performance of such a service . 5 . , " •· 0 • E . F . • , . • ,. CONTRACT ADMINISTRATOR. The City appoint.a the Deputy Director of Safety Servic:ea as the City Official respomible for the administraticm of thia A,rNment. All reports, recommendations, and other corn!SpODdence shall be directed to said Manager. The Contractor's Executive or ActiDf Director shall act u the Contractor's 1iaiaon with the City. ANTI-KICKBACK. No of!icer or employee of the City havmg the power or the duty to perform an official act or action related to the Agreemmt shall have or acquire any interest in the Agreement or have aolicited, accepted, or ll'Ult.ed a in-t or future gilt, favor, service, or other thine of value from or to any pel'IOll involved in the Acreement. SECTION3 TERM OF AGREEMENT AND TERMINATION A. TERM OF AGREEMENT . The Agreement shall be for a term of two C2l years, commencing on July 1, 1996 and terminating on June 30, 1998. In the event sufficient funds shall not be appropriated by the City for the payment of compensation/monthly payments, and if the City has no funds available for compensation/monthly payments from any other sources, the City may terminate the Agreement upon providing written notice to the Contractor within thirty (30) daya from the date of the adoption of the next fiscal year's appropriation ordinance. There shall, however, be a sixty (60) day transition period, beginning from the date of the receipt of the termination notice by the Contractor, during which period the Contractor shall continue to provide those services as provided in the Agreement and the City shall continue to make payments as provided herein. Upon the expiration ofthia sixty (60) day transition period, the Contractor shall not be oblipted to provide any further servic:ea as provided in the Agreement and the City shall not be obqated to make my further payments u provided herein. except, however, that compensation for services which occuned prior to the end of the sixty (60 ) day transition period shall be made . B. TERMINATION OF AGREEMENT BY ACTION OF PARTIES . Either party shall have the right to terminate the Agreement with or without cauae at any time during the term hereof by providing the other party ninety (90) days written notice to that effect. A. B. SECTION4 ADDffiONAL PROVISIONS AND OBLIGATIONS INDEPENDENT CONTRACTOR. All services performed by the Contractor under the Agreement are done u an independent contractor md not u an employee of the City. INDEMNIFICATION. To the extent permitted by law, each party shall indemnify and hold harmlesa the other party againat any and all claima, demmda, 1-., md liabilities and from any debt, obliption. payment, collection COit, judpient, court order, court COit, interest. penalty, or expenae of any kind or nature in COIIIUICtion with that party's act or omisaion arising directly or indirectly u a consequence of the A,reement. C. PUBLIC RELATIONS . The City md the Contractor shall uemae sood faith in daaliq with each other. 6 .. I • • 0 1 32xl • ,. . ~ • (. \, D. ENTIRE AGBEIMEN'ffMOQJFXCA'J'ION . n.. All 11 mt caut:mat.-tbe etire Acreemmt altbe partial with raped to the mbject ...... AD prior aad ~ necoaatiam w1 ............ .._ the ,utia .. -bodied m. tbt Acr-mt. w1 it IUpenedea all prior qrumama wl und ae dttlp ..,,._ tbt put:ia b8nlto nlatiDf E. to the subject mau. -- No alteration or atim'-dift·mon of the All• mt aball be 6c1:iYe anlw l1ICb modification ab.all be iD writia( md lil[IIICl bf the puma. F . BINDING VQCT n.. Apwamt lball be ao••wl bf aad ClllmD'll8d iD -.luce with the .... oftbe Stag of Colando. ,,.. A,rNmmt aball imEN to tbt bma6t of, ad be biDdiD( upan. the IIIW'I iD iDt.erwt of the awpeetive part:iN. G . ASSJGNABJLITY . Tbe Acr-mt may only be uaiped with the aprw written c:ammt of the DOD•uaipinf party. H . DISPUTES. Venue for uay litiption to enforce or canmue tbia Asr-t ab.all be in Arapahoe County, Colorado. In the event oflitiptioll to eman:e or cau1rUe tbia ,\p'eement, the pre,,ailin, party lball be entitled to all reum•ble emu wl apenw, includm.i •ttorDIYI' feN, whether or not tbe matter pncNda to judpient. I. NOTJCE. Any notice raqaind under the terme of tllit Acr-mt abaU be dNmed delivered uad received wbm delivwed in ,._ or wbm depaeitad • certiled or regiatered meil, return receipt reqwtN. to the putia et tbt eddr 11111 lilad at the beirumm., of the Apwmeat. IN WITNESS WHEREOF, tbe City wl the Contnctar ba9in admowledp thet tbty baYe duly reacl. undentood, uad do frNly wl voluntarily aecute tbia Acr-ent. cauiatiDr of t.m (10) J)l(eJ, on the dey and year flnt ebove written. ATI'EST: By :-------------Louc:riahia A. Ellia, City Clerk 7 CITY OF ENGLEWOOD THE COLORADO HUMANE SOCIETY • S.P.C.A., INC., • Colorado nonproftt corporation ......... . . . . . . . . . ......... . . . . . . . . . . . . . . . . . . ·.·.-·.··.·.·.·.·. . ·.;.....· ... :::-:• .. :-:-:-:-......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. I • 0 '32xl • • ·, • <. &IIIIBll'A ENGJ.EWQQP EAUJPMENT BBMs\TNJNG AT ANDJAL SBJ!jLTER 1 1 2 1 1 Desk (8') Desk (5') Office Stools 4-Drawer File Cabinet (lepl) Waste Basket CAT ROOM l5 Cat Cares (2 units) 2 Trash Cana (20 gallon with Iida· Cat Chow and Cat Litter) 1 Trash Can (30 gallon with lid • Traah) ISOLATION 1 10' Water Hose RUN AREA 32 Stainless Steel Water Bw:ketl 1 Hot Water Hose· 50' (red) 1 Cold Water Hoae • 50' (p-een) 2 BugZappen Foop PREP ROOM 2 Trash Cana (20 pllon with lids -Dry Food, Puppy Chow) 1 Trash Can (5 pllon with lid -Rabbit Food ) 1 Mop Bucket and Mop 1 Floor Squeepe 1 Floor Scraper 1 55 Gallon Drum Caddy EAJ11PY£NT TO IE STQUP 1 1 9 1 1 1 l 1 1 1 Houy Preuure W aaher with hoN and noule Dog Trap Cat Traps Air Kennel• (Do1 J Air Kennel (Cat) 7' Control Stick Electric Fan Sharp Calculation (052052) 25 ' 12-3 extenaiOll cord Cub Box 8 • . .. ., I. • a. · ... • I, .. IOOIIBl]'B Colando fflmmll SociclJ ud 5.P .CA. Is.~~ Sllllllr Cama:t l. Suppliel 2. CilllElecaic 3. WWIS=wcr ,. Ollllce 5. Prialilll 6. Ver Servic:111 7. Tl'llh I . Labor 9. Educalioa 10 . 8111k Cllllpl II .~ 12 .Ullifaral 13 .~ 14 . PIie-. 15 .Jt-. 16. Paynlll Tax 17 .~ 11 . All ada cxpaa clirecdy .................. m:11111 • iplCillll ia 1111 Caalml. . ' .. I. 0 'a2xl • . " • . . COUNCIL COIIIIUNICATION DATE AIIQUSt 19, 1996 Agenda "9m Subject Ordinance amending I I ()..ii" TIiie 11 -Model Traffic Code INITIATED BY Safety Services STAFF SOURCE Director A. F. Stanley Division Chief Robert Moore Officer Mark McCann COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To enable the City of Englewood to keep pace with changing technology; and maintain reasonable uniformity with state traffic law and the traffic ordinances of other Colorado municipalities. RECOMMENDED ACTION Passage of the ordinance as written . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED The changes encompassed by this ordinance have been raean:hed, evalualled and implemented by a committee comprised of representatives from the City of Englewood, offices of the Court Administrator, Prosecutor, Traffic Engineer and Police Division. FINANCIAL IMPACT None . LIST OF ATIACHIIENTS 1. Copy of the proposed Chapter 11 reenactment 2. Copy of the Model Traffic Code for Colofado Municipalitiel, reviled 1995-Council only. . , .. I . 0 'J2xl ------~-----~---------,.,-~-----~----------------..---, • ORDINANCE NO. _ SERIES OF 1996 • • .. ... BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODU~CIL MEMBER ... ~-.... --..-- AN ORDINANCE MODIFYING THE REGULATION OF TRAFFIC THROUGH THE REPEAL OF TITLE 11, CHAPl'ER 1, SECTIONS 1 THROUGH 20, AND REENACTMENT OF A NEW CHAPTER 1, ADOPl'ING BY REFERENCE THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES", llEVISED 1995 EDfflON, EXCLUDING THE APPENDIX, PUBUSHED BY THE COLORADO DEPARTMENT OF TRANSPORTATION OF THE STATE OP COLORADO WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS. WHEREAS, the City of Englewood ia curnmtly uaiDg the 1977 "llodel Traffic Code For Colorado Municipalities"; and WHEREAS, this Code ia updated periodically to bep pace with cb•npag technology and iasues; and WHEREAS, the City of Englewood Division at Safety Semces, the Enpwood Court Administrator and the Public Works stafl' bu tharouply re¥iewed the revued 1995 Edition of the "Model Traffic Code For Colorado llunic:ipaliti•" and recommend adoption thereof subject to certain a:ceptiam, modifications and amendments; and WHEREAS, the Reviaed Code follows the State Statutes ill nambarinf wbic:b provides for easier referencing t.o State c:barps; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Ses;tion 1. Title 11, Chapter l, SectiOD1 1 throup 20, EDclewood Municipal Code 1985, is hereby repealed and a new Chapter 1 ia macted adopting by reference the "Model Traffic Code For Colorado Municipalities," ReviMd 1995 Edition, adudillg Appendix, published by the Colorado Department of Transportation State of Colorado, 4201 East Arbnsu Avenue, Denver, Colorado 80222, aubject to aceptiODI, modifications and amendments as follows : 11-1-1: ADOPl10N OF 'l1IE CODE: A . PURSUANT TO SECl'ION '4, ARTICLE V OF THE ENGLEWOOD HOME RULE CHARTER, AND TITLE 31, ARTICLE 11, PAllTS l AND 2, C.R.S. 1973, AS AMENDED, TBEIIE IS HEREBY ADOPTED BY REFERENCE ARTICLES I AND ll, INCWSIVE OF THE 1896 BDfflON OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES", PROMULGATED AND PUBUSIIED AS SUCH BY THE COLORADO DEPAllTIIENT OF TRANSPORTATION, '201 E. -1- ' . .. I· •. . ' • 0 1 32xl • • • ARKANSAS AVENUE, DENVER, COLORADO 80222 . THE SUB.JECT MATl'ER OF THE MODEL TRAFFIC CODE RELATES PBDIABILY TO COIIPREHENSIVE TRAFFIC CONTROL REGULA'l'lONS POR THE CITY . THE PURPOSE OF THIS CHAPTER AND THE CODE ADOPl'ED HEREIN IS TO PROVIDE A SYSTEII OF TRAFFIC REGULA'l'lON CONSISTENT WlTB STATE LAW AND GENERALLY CONFORMING TO SDIILAR REGULA'l'lONS THROUGHOUT THE STATE AND NA'l'lON. THREE (3) COPIES OF THE MODEL TBAFFIC CODE ADOPl'ED HEREIN AllE NOW FILED IN THE OfflCE OF THE CITY CLERK OF THE CITY AND MAY BE INSPECl'ED DURING REGULAR BUSINESS HOURS . B. THE 1996 EDfflON OF THE MODEL 'ftlAfflC CODE IS ADOPTED AS IF SET OUT AT LENGTH, EXCEPT POil THE POUDWING PAJlTS AND SECI'IONS OF ARTICLE I WRICH AIE DBCLARED TO BE INAPPIJCABLE TO THIS IIUNICIPALITY AND ARE TIIBREPORE EXPRESSLY DELETED OR AIIENDED : 1. 2 . PENALTY AMffiMPITS THE CITY OF ENGLEWOOD DO)-NOT USE PENALTY ASSESSIIENTS POR TRAFFIC VIOLA'l'lONS AND THEREFORE ALL REFERENCES TO PENALTY ASSESSIIENTS AND PROCEDURES DEALING WITH PENALTY ASSESSIIENTS IN ANY ARTICLE OR SECTION ARE EXPRESSLY DELETED. PART 1, SECI'ION 106 IS AMENDED TO READ AS POU.OWS: RIS'J'BJCTRD up OF mu:rs (1) THE USE OF CERTAIN STllDTS AND ROADWAYS BY MOTOR-DRIVEN CYCLES, TRUCKS OR OTRD COIOIERCIAL VEHICLES, BICYCLES, MOTORIZED BICYCLES AND HORSE-DRAWN ~Cl.BS OR OTHER NONIIOTORIZED TRAFFIC SHAU BE .RBSTRICTED OR PROIDBITED WHEN AUTHORIZED BY THE TRAFFIC ENGINEER AND WHEN OfflCIAL SIGNS GIVING NOTICE THEREOF ARE ERBCTED. (2) FOR THE PURPOSE OF BOAD CONSTRUCl'ION AND IIAINTENANCE ANY ST'8.BBT OB POrftON TIIBIIBOF MAY, BY ACTION OF TIDS IIUNICIPALITY OB BY AORBD«BNT WlTB OTRD CONCDNSD ROAD AGENCIES, BE TDIPOIWULY CLOUD TO TllllOUGH TRAfflC OR TO ALL VEHICULAR TRAfflC DURING THE WORK PllODCT, AND THE TRAfflC Anl:Cfiw SHALL BE GUIDED ALONG APnOPmATS DB'l'OUBS Oil ALTERNATIVE BOUTBS BY OfflCIAL TRAfflC CONTROL DEVICES. -2- .. • • · ... • (3) WHEN SIGNS ARE SO ERECI'ED GMNG NOTICE OF RESTRICTIONS OR PROIUBfflONS UPON THE USE OF STREETS, NO PERSON SHALL DISOBEY THE DIRECTIONS OR INSTRUCTIONS STATED ON SUCH SIGNS. (4) THE PROVISIONS OF SUBSECTION (1) SHALL NOT BE CONSTRUED TO PROIUBIT THE DRIVERS OF ANY EXCLUDED VEIUCLES FROM TRAVELING OVER SUCH RESTRICTED OR PROIUBITED STREETS, OTHER THAN CONTROLLED-ACCESS ROADWAYS, FOR THE PURPOSE OF DEUVERING OR PICKING UP MATERIALS OR MERCHANDISE OR REACIUNG THEIR DESTINATIONS WIUCH OCCUR ON THESE PARTICULAR STREETS, PROVIDED SUCH EXCLUDED VEIUCLES ENTER SUCH STREETS AT THE INTERSECTION NEAREST THE DESTINATION OF THE VEIUCLE AND PROCEED THEREON NO FARTHER THAN THE NEAREST INTERSECTION THEREAFl'ER. 3 . PART 2, SECTION 203 QNSME VEHICJ,ES -SPOT INSPECTIONS IS DELETED. 4 . PART 2, SECTION 227(3)(8) TINTED WINDOWS IS DELETED. 5 . PART 2, SECTION 236 (8) CHil,D BES'l'BAINT SYSTEMS (REGARDING FINE) IS DELETED. 6 . PART, 5 SECTION 510 (1) <Bl PERIQTS FOB peps SJZE AND WEIGHT AND FOB MANUFAC'JVB,ED HQNES IS AMENDED TO READ AS FOLLOWS: (1) CB) THE APPLICA'nON FOR ANY PERMIT SHALL SPECIFICALLY DESCRIBE THE VEIDCLES AND LOAD TO BE OPERATED OR MOVED AND THE PARTICULAR IDGHWAYS FOR WIUCH THE PERMIT TO OPERATE IS REQUESTED, AND WHETHER SUCH PERMIT IS FOR A SINGLE TRIP, A SPECIAL, OR AN ANNUAL OPERA'nON, AND THE TIME OF SUCH MOVEMENT. ALL LOCAL PERMITS SHALL BE ISSUED AT THE DISCRETION OF THE LOCAL AUTHORITY THROUGH ITS TRAFFIC ENGINEER OR DESIGNEE. 7 . PART, 5 SECTION 510 (9) <Bl PIRIQTS FOB EXCf.SS SIZE AND WEIGHT AND FOB MANUFAC'JVBID HQIQR IS AMENDED TO READ AS FOLLOWS : (9) (8) THIS MUNICIPAlJTY WITH REGARD TO A LOCAL PERMIT MAY, THROUGH ITS TRAFFIC ENGINEER OR DESIGNEE, REVOKE, SUSPEND, REFUSE TO RENEW, OR REFUSE TO ISSUE ANY PERMIT AUTHORIZED BY TIUS SECTION UPON A FINDING THAT THE HOLDER OF THE PERMIT HAS VIOLATED THE PROVISIONS OF THIS SECTION, ANY ORDINANCE OR RBSOLU110N OF TIUS -3- .. I. 0 • ,. • ·, • MUNICIPALITY, OR ANY STANDARDS OR RULES OR REGULATION PROMULGATED PURSUANT TO THIS SECTION . 8 . PART 5, SECTION 511 P£BMIT S'fAND4JlDS IS DELETED. 9 . PART A, SECTION 604 m <cl (I) S'J'EADX HEP INDICATION m VEIDCULAR TRAFFIC FACING A STEADY CIRCULAR RED SIGNAL ALONE SHALL STOP AT A CLEARLY MARKED STOP LINE BUT, IF NONE, BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF THE INTERSECTION OR, IF NONE, THEN BEFORE ENTERING THE INTERSECTION AND SHALL REMAIN STANDING UNTIL AN INDICATION TO PROCEED IS SHOWN ; EXCEPT THAT : CA) SUCH VEHICULAR TRAFFIC, APTER COMING TO A STOP AND YIELDING THE RIGHT-OF-WAY TO PEDESTRIANS LAWFULLY WITIUN AN ADJACENT CROSSWALK AND TO OTHER TRAFFIC LAWFUU.Y USING THE INTERSECTION, MAY MAKE A RIGHT TURN, UNLESS STATE OR LOCAL ROAD AUTHORITIES WITHIN THEIR RESPECTIVE JURISDICTIONS HAVE PROIDBITED ANY SUCH RIGHT TURN AND HAVE ERECTED AN OfflCIAL SIGN AT EACH INTERSECTION WHERE SUCH RIGHT TURN IS PROIDBITED; (Bl SUCH VEHICULAR TRAFFIC, WHEN PROCEEDING ON A ON£.WAY STREET AND APTER COMING TO A STOP, MAY MAKE A LEFI' TlJllN ONTO A ONE-WAY STREET UPON WIDCH TRAFFIC IS MOVING TO THE LEFI' OF THE DRIVER . SUCH TURN SIIALL BE MADE ONLY AFTER YIELDING THE RIGHT-OF-WAY TO PEDESTRIANS AND OTIIEll TRAFFIC PROCEEDING AS DIRECTED. NO TURN SHALL BE MADE PUllSUANT TO THIS SUB-SUBPARAGL\PH (8) IF LOCAL AUTHORITIES HA VE PROBIBITED ANY SUCH LEFT TURN AND ERECTED A SIGN GIVING NOTICE OF ANY SUCH PROIUBfflON AT EACH INTBUBCTION WHERE SUCH LEFI' TlJllN IS PROIDBITED . 10. PART 8 SECTION 806 <5 l PJP>B8Tll+MI WAI ENG QB DAYIJJNG JN A WBEEJ:CHAR AM IQQIIWADJS AMENDED TO READ AS POU.OWS : (5 ) THIS IIUNICIPAlJTY MAY IIBGULATE THE USE BY PEDES'l'lllANS OF STllBBT8 AND IDGBWAYS UNDD ITS JURISDICTION TO TBS DTBNT AU!'RORIDD UNDER SUBSECTION Cl > OP TBl8 SICTION AND SECTIONS '2+110 AND '2+111. CJLS., 8111' NO llEGULAffON UGAJU>ING SUCH 8'l'a&lrni AND IDGHWAYS IN A IIANND DIPPDING PROM TBl8 SECTION SHALL BE UHG'TIVE UNffL OfflCL\L SIGNS -4- . ' • . • I. 0 1 32xl • • I• • <. OR DEVICES GIVING NOTICE THEREOF HAVE BEEN PLACED AS REQUIRED BY SECTION 42-4-111(2), C.R.S. 11. PART 10, SECl'ION 1010 (3) muyING ON QOOQIID OR CONTROU,EQ ACCESS HIGHWAYS <REGARDING LIMITING USE) IS AMENDED BY DELETING THE PHRASE "BY ORDINANCE CONSISTENT WITH THE PROVISIONS OF SECTION 43-2-135 (1) (g), C.R.S .... •, IN THE FIRST SENTENCE. 12. PART 11, SECTION 1101 (2) SPREQ !:WITS IS AMENDED TO ADD A NEW SUBSECTION: Ci) FIFTEEN MILES PER HOUR IN ANY ALLEY. 13. PART 11, SECl'ION 1102 (5) ALUB!NG SJ>EEQ !:WITS JS AMENDED TO READ : (5) IN ITS DISCRETION, THIS MUNICIPALITY MAY IMPOSE AND ENFORCE STOP SIGN REGULATIONS AND SPEED LIMITS, NOT INCONSISTENT WITH THE PROVISIONS OF SECTIONS 1101 TO llo.t, UPON ANY WAY WHICH IS OPEN TO TRAVEL BY MOTOR VEHICLES AND WHICH IS PRIVATELY MAINTAINED IN MOBILE HOME PARKS, WHEN APPROPRIATE SIGNS GMNG NOTICE OF SUCH ENFORCEMENT ARE ERECTED AT THE ENTRANCES TO SUCH WAYS. 14. SECl'ION 1202 PARKING OR AMNJ>QNIIINI OF VEHICLES THE PHRASE "OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICI' ... • IS DELETED . 15. PART 12, SECl'IONS 1205 (2) AND (3) PABIQNQ AT CURB OR EQGE OF ROAQWA,Y ARE AMENDED TO READ: (2) EXCEPI' AS AUTHORIZED BY THE TRAFFIC ENGINEER OR HIS DESIGNEE, EVERY VEHICLE STOPPED OR PARKED UPON A ONE-WAY ROADWAY SHALL BE SO STOPPED OR PARKED PARALLEL TO THE CURB OR EDGE OF THE ROADWAY IN THE DIRECTION OF AUTHORIZED TRAFFIC MOVEMENT, WITH ITS RIGHT- HAND WHEELS WITHIN TWELVE INCHES OF THE RIGHT-HAND SHOULDER OR WITH ITS LEFT-HAND WHEELS WITHIN TWELVE INCHES OF THE LEFT- HAND SHOULDER OR WITH ITS LEFT-HAND WHEELS WITHIN TWELVE INCHES OF THE LEFT-HAND CURB OR AS CLOSE AS PRACTICABLE TO THE LEFT EDGE OF THE LEFT-HAND SHOULDER . •· ---------------------------~------------~------------ • - ,. (3) THE LOCAL AUTHORITY MAY, THROUGH ITS TRAFFIC ENGINEER OR DESIGNEE, PERMIT ANGLE PARKING ON ANY ROADWAY; EXCEPT THAT ANGLE PARKING SHALL NOT BE PERMI'ITED ON ANY STATE HIGHWAY UNLESS THE DEPARTMENT OF TRANSPORTATION HAS DETERMINED BY RESOLUTION OR ORDER ENTERED IN ITS MINUTES THAT THE ROADWAY IS OF SUfflCIENT WIDTH TO PERMIT ANGLE PARKING WITHOUT INTERFERING WITH THE FREE MOVEMENT OF TRAFFIC . 16 . PART 12, SECTION l208<3)(b) AND <c> PAR.KING PRIVILEGES FOR PERSONS wmJ WSABUJTIES ARE AMENDED TO READ : (b) THE OWNER OF PRIVATE PROPERTY AVAILABLE FOR PUBLIC USE MAY REQUEST THE CRITERIA AND FORMAT INFORMATION FOR OFFICIAL HANDICAPPED PARKING SIGNS FROM THE CITY TRAFFIC ENGINEER CONCERNING THE INSTALLATION OF OFFICIAL SIGNS IDENTIFYING PARKING SPACES RESERVED FOR USE BY PERSONS WITH DISABILITIES. SUCH A REQUEST SHALLBEAWAIVEROFANYOBJECTIONTHEOWNER MAY ASSERT CONCERNING ENFORCEMENT OF THIS SECTION BY PEACE OFFICERS OF ANY POLITICAL SUBDIVISION OF THIS STATE, AND SUCH OFFICERS ARE HEREBY AUTHORIZED AND EMPOWERED TO SO ENFORCE THIS SECTION, PROVISIONS OF LAW TO THE CONTRARY NOTWITHSTANDING. (c ) EACH PARKING SPACE RESERVED FOR USE BY PERSONS WITH DISABILITIES WHETHER ON PUBLIC PROPERTY OR PRIVATE PROPERTY SHALL BE MARKED WITH AN OFFICIAL UPRIGHT SIGN, WHICH SIGN SHALL BE STATIONARY, IDENTIFYING SUCH PARKING SPACE AS RESERVED FOR USE BY PERSONS WITH DISABILITIES. 17 . PART 14, SECTION 1401(1 ) UCII ESS QBMNQ THE LAST SENTENCE, ·A PERSON CONVICTED OF RECKLESS DlllVING OF A BICYCLE OR MOTORIZED BICYCLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION '2-2-127, C.R.S .• IS DELETED. 18 . PART 14, SECTION 1401 <2> BICK! EM QllOONG -PENALTY IS DELETED. 19 . PART 14, SECTION 1402 <l> CtBEI EM QllOONG THE LAST SENTENCE, ·A PERSON CONVICTED OF CAJIJP ESS DlllVING OF A BICYCLE OR MOTORIZED BICYCLE SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION '2-2-127, C.R.S .• IS DELETED . 20 . PART 14, SECTION 1402 <2> CtBEI 185 QllOONG • PENALTY -6- •. I . -------------,,,----------.r-------~-----~------------ • ·, • .... .. IS DELETED. 21 . PART 1', SECI'ION 1'09 COMPJJJ.WBX INSURANCE IS AMENDED TO ADD THE FOLLOWING SUBSECTIONS : (7) UPON CONVICTION THEREOF, THE DEFENDANT SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AND, IN ADDfflON, THE COURT MAY IMPOSE IMPRISONMENT FOR NOT MORE THAN ONE HUNDRED EIGHTY (180) DAYS . THE FINE IMPOSED BY TIDS SECTION SHALL BE .. MANDATORY, AND THE COURT SHALL NOT SUSPEND SAID FINE, IN WHOLE OR IN PART, UNLESS IT IS ESTABLISHED THAT APPROPRIATE INSURANCE AS REQUIRED UNDER SECTIONS 10+705 AND 10+716, C.R.S . HAS BEEN OBTAINED . (8) UPON A SECOND OR SUBSEQUENT CONVICTION UNDER TIDS SECTION WITIUN A PERIOD OF TWO (2 ) YEARS FOLLOWING A PRIOR CONVICTION UNDER nns SECI'ION . THE DEFENDANT SHALL BE PUNISHED BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS ($200 .00 ) NOR MORE THAN FIVE HUNDRED DOLLARS ($500 .00), AND, IN ADDfflON, THE COURT MAY IMPOSE IMPRISONMENT IN THE COUNTY JAIL FOR NOT LESS THAN TEN (10) DAYS NOR MORE THAN ONE HUNDRED EIGHTY Cl80) DAYS . THE FINE IMPOSED BY TIDS SBCTION SHALL BE MANDATORY, AND THE COURT SHALL NOT SUSPEND SAID FINE, IN WHOLE OR IN PART, UNLESS IT IS ESTABUSHED THAT APPROPRIATE INSURANCE AS REQUIRED UNDER SECTIONS 10-4-705 AND 10-4-716, C.R.S. HAS BEEN OBTAINED . 22. PART 1', SECTION 1'12 OPIB,\'l]QN OF BICYCJ,P AND OTHER HJJMAN-PQWIBED YEHICJ ES IS AMENDED TO ADD THE FOLLOWING SUBSECTIONS: (12) THE PARENT OF ANY ClDLD OR GUARDIAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY C1ULD OR WARD TO VIOLATE ANY OF THE PROVISIONS OF TlllS SECTION. (13) IT IS UNLAWFUL FOR ANY PEBSON TO DO ANY ACT FORBIDDEN OR FAIL TO PERPOllll ANY ACT REQUIRED IN TIDS ARTICLE . 23 . PART 17, SECTION 1701(3) DAfflC ARPf8li8 CVSSIFIID: I • SCHlmULE OF f'INES <REGARDING FINE SCHEDULES) IS DELETED . 24 . PART 17 , SECTION 1708 PQIMIX 688188HINTS IS DELETED . .7 . • '32 • • . .. • • 25 . PART 17, SBC'nON 1710 F6UJV TO PAX PRJALTJ IS DELETED. 26. PART17,SBC'n0Nl716(1) NQDCI TO APPBtB 91 PAX l'ffiB: FAJUnp; TO APPltB·PRW.TX JS AIIDIDBD TO DAD AS FOLLOWS: <l l 10R TBE PURPOSBS OF 'l'BIS OODB, 'l'DIDD BY AN ARRBSTING omca OF TRI SUIOIONB SHALL CONS'lfflJTB NO'ftCB TO TRI VIOLATOR TO APPBAll IN oomrr oa AT TBI VIOLA'ftONB BtJaSAU WITBIN TRI 'l'IIIBS AND DA.'1'1:S 8PBCD'l&D ON SUCB SUIIIIONS. 27 . PART 17, SBCl'ION 1717 CQNYIC'l"l9N-A7TPIPP!AI At QBIYlll QIPIOYIHPT 8CBOO! TD PIIRA8B "LOCA'l'BD AND OPERATING IN TRI COUNTY OP TRI DBJl'BNDANTS RESIDENCE AND ... • JS DBLBTBD. 11-1•1: APPLICA'ftON AND IN'nlU'IIS'l'A' OI' llmlJLA'l'IONB: A. APJ>lJCfflQN 'l'BIS CBAP'l"Bll SBALL APPLY TO EVBllY STREET, AU.ff, 81DBWALK ADA, DIUVBWAY, PARK AND TO EVERY OTIIBll PUIIUC WAY, OR PUBUC PLACE, OR PUBUC PARKING ADA, BlTIID 1ffl'IIIN OR OtmllDB TBB COBPOBATE LUIITS or 'l'BIS IIUIGaPAUTY, TD UBE or WIIICB 'l'BIS MUNICIPALITY BAS JUIB>IC'l'ION AND A1ffll081Tf TO BBGULATB. TBI HIIUVW OP IBC'l'IONB HOl • (!Apr PIS, 18 -naa ns. •. tJMAUhliMl·il·• 8IGN8 oa DSVICl8, AND 1,u - ELUDING OP All'l'D.& 1 OP TD ADOPISD IIODa. 'l'IIAfflC CODE : AND 11-1~ (B) B.11.C. • INVl8'l'IGA'ftON OP ftAfflC ACCIDINTI; DlfSC:nVSI.Y, OONCDNDfG BCE ne DRIVING, CABEI ESB DmVING, UNAU'l'IIOIIIZBD SIGNS oa DSVICS8, ELUDING POUCB AND MXmD1T INVl8'l'IGA'ft0N SHALL APPLY NOT ONLY TO PUIIUC PI.ACl8 AND WAYS Btrl' .AJ.80 THllOUGBOtJT 'l'RJS IIUNJCIPAUTY. B. INTJiVIITATJOlf 'IBIS C11AP1'D SBALL D IO UdWUl&D AND CON&IIWD All TO~ lTI caNlaAI. ~ TO CONFOIII WITII TBI l'l'Aft'I tJNJPOml ii&IW Paa TBI BBGULA'ftON or VBIIICUI AND ftAfflC. ana.& AND SBCJ'ION IIIADING8 OP flll OIDDWfCB AD ADOPl&D. 'i'IIS MODEL TIAfflC COIJB 8IIALL NOT D JJ81N&D TO OOVDN, UIIIT, IIODIPY O& IN Alff IWOID MffCf flll lCOR. IIEANING oa Ui'BNT OP 'i'IIS PIIOVIIIONI OP Alff All'fta.s oa SECTION TRDBOP . ·•· -. • •, • .. 11-1-3: TRAFFIC BNGINll:Bll: 11-1-1-1: OFftCE B8TAIIUIIIIBD: A. THE OFFICE OF THE TRAFFIC ENGINEER IS HEREBY ESTABLISHED. THE TRAFFIC ENGINEER SHALL BE APPOINTED BY THE CITY MANAGER OF TIDS MUNICIPALITY AND SHALL EXERCISE THE POWERS AND DtmES PROVIDED IN TIDS CODE. 11-1-3-1: IKJ'l1BSAND POWWWW OF 'ltiPFIC ENGINEER: .. A. EXCEPI' AS PROVIDED HEREIN, IT SHALL BE THE GENERAL DUTY OF THE TRAFFIC ENGINEER TO DETERMINE THE ~ INSTALLATION AND PROPER TDIING AND NAINTENANCE OF OFFICIAL TRAFFIC-CONTROL DEVICES, TO CONDUCI' ANALYSES OF TRAFFIC ACCIDENTS AND TO DEVISE REMEDIAL OR CORRECTIVE MEASURES, TO CONDUCI' INVESTIGATION OF TRAFFIC CONDfflONS, TO PLAN THE OPERATION OF TRAFFIC ON THE STREETS AND HIGHWAYS OF THIS MUNICIPALITY, AND TO COOPERATE WITH OTHER MUNICIPAL OFFICIALS IN THE DEVELOPMENT OF WAYS AND MEANS TO IMPROVE TRAFFIC CONDfflONS, AND TO CARRY OUT SUCH ADDfflONAL POWERS AND DUTIES AS ARE DIPOSED BY TIDS CODE. B. THE DETERMINATION OF THE TRAFFIC ENGINEER SHALL STAND EXCEPI' WHERE THE ENGLEWOOD CITY COUNCIL DECIDES A DIFFERENT DETERIIINATION WOULD BE REQUIRED TO PROTECT THE HEALTH, SAFETY OR WELFARE OF ENGLEWOOD CITIZENS AND PUBLIC IN GENERAL, A1TER HOLDING A PUBLIC HEARING ON THE MATTER WHERE TESTIMONY SHALL BE RECEIVED . C . BY WAY OR EXAMPLE, BUT NOT BY WAY OF LDIITATION, THE TRAFFIC ENGINEER IS HEREBY EMPOWERED AND AUTHORIZED, CONSISTENT WITH THE PROVISIONS OF TIDS CODE, TO ACI' AS FOLLOWS: 1. INSTALL, MAINTAIN, AND REMOVE TRAFFIC-CONTROL DEVICES; 2 . DESIGNATE AND IIARK MEDIANS AND TRAFFIC ISLANDS; 3. CONDUCI' SPEED ZONING STUDIES AND POST SPEED LDIITS AS PERMITTED BY LAW; .I • , . DESIGNATE IONDIUII SPEED AS PROVIDED BY LAW; I • 5. REGULATE SPEED AND TRAFFIC MOVEMENT BY TRAFFIC SIGNALS AND PROVIDE FOR THE SYNCHRONIZATION OF SUCH SIGNALS WHEREVER PRACTICABLE; 0 6 . DESIGNATE ONE-WAY STREETS AND ROADWAYS; .9. -~--------------------~-- •. • c~ •, • '· 7. DESIGNATE THROUGH STREETS OR ROADWAYS AND CONTROL ENTRANCES THERETO; 8 . DESIGNATE STOP OR YIELD INTERSECl'IONS AND ERECT STOP OR YIELD SIGNS THEREAT; 9 . ESTABLISH RESTRICTIONS, PROIUBfflONS, AND REGULATIONS FOR THE PARKING, STANDING, OR STOPPING OF VEHICLES; 10. DESIGNATE SPECIAL PARKING ZONES FOR TAXICABS, PRESS, TELEVISION, RADIO CARS, AND THE UKE; 11 . DESIGNATE PARKING IIETER ZONES AND ESTABLISH TIME LIMITATIONS THEREIN BASED ON AN ENGINEERING AND TRAFFIC INVESTIGATION; 12. ESTABLISH TOW-AWAY ZONES; 13 . DESIGNATE UPON WHAT STREETS, IF ANY , ANGLE PARKING SHALL BE PERMl'M'ED; 14. DESIGNATE AND SIGN INTERSECTIONS AT WIDCH DRIVERS SHALL NOT MAKE A RIGHT OR LEPT TURN, AU TURN, OR ANY TURN, AT ALL TIMES OR DURING CERTAIN TIMES; 15. DESIGNATE AND SIGN INTERSECl'IONS WHERE MULTIPLE TURNS SHALL BE ALLOWED; 16. MARK CENTERLINES AND LANE LINES AND PLACE OTHER PAVEMENT MARKINGS NECESSARY FOR THE REGULATION AND CONTROL OF TRAFFIC; 17. INSTALL AND MAINTAIN CROSSWALKS AT INTERSECl'IONS OR OTHER PLACES WHERE THERE IS PARTICULAR DANGER TO PEDESTRIANS CROSSING THE ROADWAY ; 18. ESTABLISH SAFETY ZONES AT SUCH PLACES WHERE NECESSARY FOR PEDESTRIAN PROTECTION; 19. INSTALL PEDESTRIAN-CONTROL SIGNALS AND DESIGNATE THOSE CROSSINGS WIIDE ANGLE CROSSING BY PEDESTRIANS SHALL BE PERIIITTED; 20. ESTABLISH PLAY STREETS; I 21 . ESTABLISH TRUCK ROUTES AND TRUCK LOADING ZONES; • ESTABLISH BUS STOPS AND TAXICAB STANDS; -I 0- • • • ·, • '· 22 . DESIGNATE AND SIGN THOSE STREETS AND ROADWAYS WHERE PEDESTRIANS, BICYCUSTS OR OTHER NON- MOTORIZED TRAFFIC, OR PERSONS OPERATING A MOTOR-DRIVEN CYCLE SHALL BE EXCLUDED AS PROVIDED BY LAW; 23 . DESIGNATE AND SIGN THOSE STREETS UPON WIUCH VEIDCLES OR LOADS OF A CERTAIN WEIGHT SHALL BE PROHIBITED; 24 . PROVIDE FOR TEMPORARY STREET OR ALLEY CLOSURES BY THE ERECTION OF BARRICADES; 25 . ISSUE SPECIAL PERMITS FOR TEMPORARY STREET CLOSURES, CURB LOADING OPERATIONS, FOR THE MOVEMENT OF VEIDCLES HAVING EXCESS SIZE OR WEIGHT AND FOR PARADES OR PROCESSIONS, ETC. 11-1-4 : VEHICLE EMISSIONS: A. VISIBLE EMISSIONS . NO OWNER OR OPERATOR OF ANY VEIDCLE SHALL CAUSE OR PERMIT TO BE EMIT1'ED FROM ANY GASOLINE-POWERED ENGINE ANY VISmLE AIR CONTAMINANT<S). SUCH EMISSIONS THAT ARE A DIRECT RESULT OF COLD-ENGINE START-UP SHALL BE EXEMPI'. 8 . STATE CERTIFICATION REQUIREMENTS . 1. IT IS UNLAWFUL FOR ANY PERSON TO DRIVE , STOP, PARK, OR FOR THE OWNER OR PERSON IN CHARGE OF ANY VEIDCLE TO CAUSE OR KNOWINGLY PERMIT TO BE DRIVEN , STOPPED OR PARKED ON ANY STREET OR HIGHWAY WITHIN THE cm. ANY VEHICLE WIUCH IS REQUIRED UNDER THE LAWS OF THE STATE OF COLORADO TO BE INSPECTED PURSUANT TO THE AUTOMOBILE INSPECTION AND READJUSTMENT PROGRAM, ESTABLISHED PURSUANT TO SECTIONS 42-4-306.5 TO 42+316, COLORADO REVISED STA'ruTES, UNLESS SUCH VEIDCLE HAS BEEN INSPECTED AT AN AU'nlORIZED INSPECTION STATION AND HAS A'ITACHED THERETO, IN PROPER POSfflON, A VAUD AND UNEXPIRED CERTIFICATION OF EMISSIONS CONTROL, AS REQUIRED BY THE LAWS OF THE STATE OF COLORADO . 2 . IN ANY PROSECUTION OF THE PROVISIONS OF THIS SECTION , PROOF THAT THE VEmCLE DESCRIBED IN THE COMPLAINT WAS DRIVEN , PARKED OR STOPPED IN VIOLATION OF TmS SECTION , TOGETHER WITH PROOF THAT THE DEFENDANT NAMED IN THE COMPLAINT WAS AT THE TIME OF SUCH DRIVING, STOPPING OR PARKING, A REGISTERED OWNER OF THE VEIDCLE, SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE DEFENDANT WAS THE PERSON WHO DROVE, PARKED, • I J • • . .. I. 0 • • I• ·, - STOPPED OR KNOWINGLY PERMI'ITED TO BE DRIVEN, STOPPED OR PARKED, SUCH UNATl'ENDED VEIUCLE AT THE PLACE WHERE AND FOR THE TIME WlUCH SUCH VIOLATION OCCURRED. 11-1.S: SKATEBOARD8,ROU.ERSKA'J1!:S,BOUJmBLADBSORBOLLER SKIS: A. DEFINITIONS : PRIVATE PROPERTY ROLLER SKATES, ROLLER BLADES, ROLLER SKIS SKATEBOARD ANY REAL PROPERTY NOT OWNED BY ANY GOVERNMENTAL ENTITY AND WlUCH NO GOVERNMENTAL ENTITY HAS ANY LEGAL OR EQUITABLE INTEREST THEREIN. IT SHALL INCLUDE ANY PRIVATE PROPERTY WlUCH IS USED BY THE GENERAL PUBLIC FOR PARKING PURPOSES . A SHOE WITH SMAU. WHEELS ATTACHED TO IT OR A RUNNER MADE FROM WOOD, METAL, PLASTIC OR SIMILAR MATERIAL ATTACHED TO A FRAME USUALLY SHAPED TO FIT THE SOLE OF A SHOE OR FOOTWEAR, WITH SMAU. WHEELS ATTACHED USED FORGLIDINGORSKATINGONHARD SURFACES USUALLY FLOORS, STREETS, SIDEWALKS, PARKING LOTS AND SDIILAR PLACES . A SHORT, NAllllOW BOARD HAVING A SET OF USUALLY FOUR <,> ROLLD SKATE WHEELS MOUNTED UNDER IT . B. nus SECTION SHAU BE IN ADDfflON TO SECTION 11-1-1 (SECTIONS 109 AND 1'12 OF THE 199& IIODEL TRAmC OODE ). C. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE OR RIDE A SKATEBOARD , ltOLLD SKATES OR ROLLER SKIS IN ANY OF THE FOLLOWING PLACES : l . ON ANY PUBUC PIIOPEllTY WHERE SIGNS ARE POSTED PROHIBITING SUCH USE, AND AS PROHIBITED IN ENGLEWOOD IIUNICIPAL OODE SECTION 11-1·1 <SBCTIONS 109 AND 1,12 OF THE 1116 IIODEL TRAmC OODE ). 2. ON PRIVATE PIIOPEllTY , UNLaS PERMISSION HAS BEEN GIVEN BY THE OWNER, LESSU OR PERSON IN CHARGE OF THE PROPEllTY . -12 - .. I. • 0 1 J2 x l • • C. ·, • (. D. OPERATORS OF SKATEBOARDS, ROLLER SKATES, ROLLER BLADES OR ROLLER SIQS SHAU. YIELD THE RIGHT OF WAY TO OTHER PEDESTRIANS USING CITY SIDEWALKS, AND SHALL NOT OTHERWISE ENDANGER OR INTERFERE WITH PEDESTRIAN TRAFFIC ON THOSE SIDEWALKS . ll•l-8: PARKING RESTRIC'l10NS: A . REGULATIONS NOT EXCLUSIVE THE PROVISIONS OF TIUS SECTION IMPOSING RESTRICTIONS ON PARKING SHALL NOT RELIEVE ANY PERSON FROM THE DUTY TO OBSERVE OTHER AND MORE RESTRICTIVE PROVISIONS PROIUBfflNG OR UMITING THE STOPPING, STANDING OR PARKING OF VEIDCLES IN SPECIFIED PLACES, AT SPECIFIED TDIES, OR IN A SPECIFIED MANNER (SEE ALSO PART 12 OF THE 1995 MODEL TRAFFIC CODE, AS ADOPTED AND 15-5-1 ET. SEQ . E.M.C .) B . METHODS OF PARKING l . PARKING US Al ! £XS (a ) NO PERSON SHAU. PARK A VEIDCLE WITHIN AN ALLEY EXCEPI' DURING THE NECESSARY AND EXPEDmous LOADING AND UNLOADING OF MERCHANDISE OR FREIGHT. (b l NO PERSON SHALL STOP, STAND OR PARK A VEIDCLE WITHIN AN AU.EY IN SUCH POSmON AS TO BLOCK THE DRIVEWAY ENTRANCE TO ANY ABUTl'ING PROPERTY . 2 . PARKING NOT TQ 91SDPCI DAfflC OR MAINTENANCE NO PERSON SHALL PARK ANY VEIDCLE UPON A STREET OR HIGHWAY IN SUCH A MANNER OR UNDER SUCH CONDfflONS AS TO INTERFERE WITH THE FREE MOVEMENT OF VEIDCULAR TRAFFIC OR PROPER STREET OR HIGHWAY MAINTENANCE . 3 . CLEARANCE BETWEEN YJ!IIICI,ES NO PERSON SHALL STAND OR PARK A VEIDCLE IN SUCH A MANNER AS TO LEAVE LESS THAN TWO <2 ) FEET CLEARANCE BETWEEN VEHICLES WHEN PARKED . 4 . WAITING FOR PABENG SPACE BEJNQ CI HIED THE DRIVER OF A VEHICLE , WIBLE WAITING FOR A PAllKING SPACE TO BE CLEARED BY ANOTHER VEIDCLE WIDCH IS IN THE ACTUAL PROCESS OF LEAVING THE PARKING SPACE , SHALL STOP ON THE ROADWAY SIDE OF AND IMMEDIATELY TO THE REAR OF THE VEIDCLE AND SHALL REMAIN IN SUCH POSfflON UNTIL THE PARKING SPACE HAS BEE N CLEARED . • J 3. ·. . . •. .., I. • 0 1 a2xl • • ·, • ,. C . STOPPING STANDING OR PARKING RESTRICTIONS 1 . OREQIENCE TO Sll>PPING STANDING OR PARKING REGUL,\TIONS ON ANY STREET OR AT ANY PLACE WITHIN TIDS MUNICIPALITY WHERE OFFICIAL SIGNS ARE POSTED BY THE TRAFFIC ENGINEER OR DESJGNEE GMNG NOTICE OF STOPPING, STANDING OR PARKING RESTRICTIONS OR PROIUBfflONS, NO PERSON SHALL STOP, STAND OR PARK A VEHICLE IN ANY MANNER IN VIOLATION OF THE PROVISIONS CONTAINED ON SUCH SIGN OR SIGNS EXCEPI' WHEN NECESSARY TO AVOID CONFLICT WITH OTHER TRAFFIC, OR IN COMPLIANCE WITH THE DIRECTIONS OF A POLICE OFFICER OR OFFICIAL TRAFFIC CONTROL DEVICE OR EXCEPI' FOR THE PURPOSE OF LOADING OR UNLOADING PASSENGERS WHEN SUCH STANDING DOES NOT OBSTRUCT, IMPEDE OR ENDANGER ANY TRAFFIC. 2 . EMERGENCY STOPPING OR PARKING ONLY WHEN OFFICIAL SIGNS ARE ERECTED GIVING NOTICE THEREOF NO PERSON SHALL STOP, STAND OR PARK A VEHICLE ON THE SHOULDER OF ANY HIGHWAY OR ANY OTHER FACILITY SO MARKED EXCEPI' IN CASE OF EMERGENCY INVOLVING THE VEHICLE OR ITS OCCUPANTS. 3 . PARKING IN SPECIAL ABE,Mi IN ADDfflON TO THE RESTRICTIONS ON PARKING IN SECTION 1204 OF THE "MODEL TRAFFIC CODE" , 1995 EDfflON, THERE SHALL BE NO STOPPING, STANDING, OR PARKING IN THE FOLLOWING AREAS EXCEPI' WHEN NECESSARY TO AVOID CONFLICT WITH OTHER TRAFFIC OR IN COMPLIANCE WITH THE DIRECTIONS OF A POLICE omcER OR AN omcIAL TRAFFIC CONTROL DEVICE: (a) MARKED FIRE LANES . <bl BETWEEN THE SIDEWALK AND THE STREET CURB IN THE STREET RIGHT-OF-WAY. 4 . STANDING IN P6SUNQEB I-06DINQ ZONE NO PERSON SHALL STAND A VEIDCLE FOR ANY PURPOSE OR PERIOD OF TIME OTHER THAN FOR THE EXPEI>mous LOADING OR UNLOADING OF PASSENGERS IN ANY PLACE OFFICIALLY MARKED AS A PASSENGER LOADING ZONE DURING HOURS WHEN THE REGULATIONS APPLICABLE TO SUCH LOADING ZONE ARE EFFECTIVE AND THEN ONLY FOR A PERIOD NOT TO EXCEED 3 MINUTES. -14- ·- .. I . . 0 1 32xl • 5 . STANDING IN LOADING ZONE (a ) NO PERSON SHALL STAND A VEIDCLE FOR ANY PURPOSE OR LENGTH OF TIME OTHER THAN FOR THE EXPEDmous UNLOADING AND DELIVERY OR PICKUP AND LOADING OF MATERIALS IN ANY PLACE OFFICIALLY MARKED AS A LOADING ZONE DURING HOURS WHEN THE PROVISIONS APPLICABLE TO SUCH ZONES ARE IN EFFECT. (b ) IN NO CASE SHALL THE STANDING FOR LOADING AND UNLOADING OF MATERIALS EXCEED 30 MINUTES . ... 6 . PERMITS FOR LOADING ZONES WHENEVER SPECIAL PERMITS ARE ISSUED, BY THE TRAmC ENGINEER, TO ESTABLISH OR CONTROL THE USE OF LOADING ZONES OR TO ALLOW THE BACKING OF A VEIDCLE FOR THE PURPOSE OF LOADING OR UNLOADING MERCHANDISE OR MATERIALS SUBJECT TO CERTAIN CONDmONS, NO PERMITTEE OR OTHER PERSON SHALL VIOLATE ANY OF THE SPECIAL TERMS OF ANY SUCH PERMITS. 7 . TAXICAB STANDS REGULATED (a ) THE OPERATOR OF A TAXICAB SHALL NOT STAND OR PARK SUCH VEIDCLE UPON ANY STREET AT ANY PLACE OTHER THAN IN A TAXICAB STAND SO DESIGNATED AS AUTHORIZED BY THE TRAFFIC ENGINEER. (b ) TIDS PROVISION SHALL NOT PREVENT THE OPERATOR OF A TAXICAB FROM TEMPORARILY STOPPING IN ACCORDANCE WITH OTHER PARKING , STANDING OR STOPPING REGULATIONS AT ANY PLACE FOR THE PURPOSE OF AND WlilLE ACTUALLY ENGAGED IN THE EXPEDmous LOADING OR UNLOADING OF PASSENGERS . D . YALJD fLATES AND REGJSTRA.l]ON REQlllBED IT IS UNLAWFUL FOR ANY PERSON TO PARK OR STAND ANY MOTOR VEIDCLE OR TRAILER UPON ANY STREET OR UPON ANY PRIVATE PROPERTY AVAILABLE FOR PUBLIC USE IN TIDS CITY THAT DOES NOT HAVE CURRENT VALID VEIDCLE LICENSE PLATES AND VEIDCLE REGISTRATION IN CONFORMITY WITH THE LAWS OF THE STATE OF PLATE ISSUANCE . E . fb,BXJNG MQTOR n:wc1n IN fRIVATE PARICING LOTS WHERE PRIVATE PROPERTY OR A PORTION THEREOF, IS DEVOTED TO THE PURPOSE OF PARKING MOTOR VEIDCLES, AND WHERE THE OWNER OR OTHER AUTHORIZED PERSON HAS ESTABLISHED I PARKING RESTRICTIONS ON SAID PROPERTY, WlilCH • RESTRICTIONS ARE PROMINENTLY POSTED SO AS TO GIVE NOTI CE THEREOF, IT SHALL BE UNLAWFUL FOR ANY PERSON TO PARK OR TO STAND A VEIDCLE, WHETHER OCCUPIED OR NOT, IN VIOLATION OF THE PARKING RESTRICTIONS SO POSTED. • I 5- • ...... • • • '· C . STOPPING STANDING QR PARKING RESTRICTIONS 1 . OBEDIENCE TQ STOPPING STANDING OR PARKING REGULJJIONS ON ANY STREET OR AT ANY PLACE WITHIN THIS MUNICIPALITY WHERE OFFICIAL SIGNS ARE POSTED BY THE TRAFFIC ENGINEER OR DESIGNEE GMNG NOTICE OF STOPPING, STANDING OR PARKING RESTRICTIONS OR PROHIBfflONS, NO PERSON SHALL STOP, STAND OR PARK A VEHICLE IN ANY MANNER IN VIOLATION OF THE PROVISIONS CONTAINED ON SUCH SIGN OR SIGNS EXCEPI' WHEN NECESSARY TO AVOW CONFLICT WITH OTHER TRAFFIC, OR IN COMPLIANCE WITH THE DIRECTIONS OF A POUCE OFFICER OR OFFICIAL TRAFFIC CONTROL DEVICE OR EXCEPT FOR THE PURPOSE OF LOADING OR UNLOADING PASSENGERS WHEN SUCH STANDING DOES NOT OBSTRUCT, IMPEDE OR ENDANGER ANY TRAFFIC. 2. EMERGENCY STOPPING OR PARKING ONLY WHEN OFFICIAL SIGNS ARE ERECTED GIVING NOTICE THEREOF NO PERSON SHALL STOP, STAND OR PARK A VEHICLE ON THE SHOULDER OF ANY HIGHWAY OR ANY OTHER FACIUTY SO MARKED EXCEPT IN CASE OF EMERGENCY INVOLVING THE VEHICLE OR ITS OCCUPANTS . 3 . PAR.IQNG IN 8PECIAL 68£6S IN ADDfflON TO THE RESTRICTIONS ON PARKING IN SECTION 1204 OF THE "MODEL TRAFFIC CODE" , 1996 EDfflON, THERE SHALL BE NO STOPPING, STANDING, OR PARKING IN THE FOLLOWING AREAS EXCEPI' WHEN NECESSARY TO AVOW CONFUCT WITH OTHER TRAFFIC OR IN COIIPLIANCE WITH THE DDllCTIONS OF A POUCE OFFICER OR AN OFFICIAL TRAFFIC CONTROL DEVICE: (a l MARKED FlllE LANES. <b ) BETWEEN THE SIDEWALK AND THE STREET CUD IN THE STREET RIGHT-OF-WAY . ,. STANDING IN P6S8PJGD I-06DJNG ZONE NOPBBSON SHALL STAND A VEHICLE ,OR ANY PURPOSE OR PDIOD OF TIME OTHER THAN FOR THE EXPEI>mous LOADING OR UNLOADING OF PASSENGERS IN ANY PLACE OFFICIALLY MARKED AS A PASSENGER LOADING ZONE DURING HOUBS WHEN THE REGULATIONS APPLICABLE TO SUCH LOADING ZONE ARE EFFECTIVE AND THEN ONLY FOR A PERIOD NOT TO EXCEED 3 IIINUTES . -14- • I .. I . . 0 t J2xl • 0 I• • F . BUS STOPS REGULATED (1) THE OPERATOR OF A BUS SHALL NOT STAND OR PARK SUCH VEIDCLE UPON ANY STREET AT ANY PLACE OTHER THAN A BUS STOP SO DESIGNATED AS AUTHORIZED BY THE TRAFFIC ENGINEER. (2 ) THE OPERATOR OF A BUS SHALL NOT STOP SUCH VEIDCLE UPON ANY STREET AT ANY PLACE FOR THE PURPOSE OF LOADING OR UNLOADING PASSENGERS OR THEIR BAGGAGE OTHER THAN AT A BUS STOP SO DESIGNATED AS AUTHORIZED BY THE TRAFFIC ENGINEER, EXCEPT IN CASE OF AN EMERGENCY. (3 ) THE OPERATOR OF A BUS SHALL ENTER A BUS STOP ON A PUBLIC STREET IN SUCH A MANNER THAT THE BUS, WHEN STOPPED TO LOAD OR UNLOAD PASSENGERS OR BAGGAGE, SHALL BE IN A POSffiON WITH THE RIGHT FRONT WHEEL OF SUCH VEIDCLE NOT FURTHER THAN 18 INCHES FROM THE CURB AND THE BUS APPROXIMATELY PARALLEL TO THE CURB SO AS NOT TO UNDULY IMPEDE THE MOVEMENT OF OTHER VEHICULAR TRAFFIC . G . RESIDENTIAL ON-STREET PARKING PERMITS AND FEES 1. PERMITS WHEN THE CITY TRAFFIC ENGINEER HAS DESIGNATED AND ESTABUSHED TIME LIMITATIONS ON VEIDCLE PARKING ON STREETS IN RESIDENTIAL AREAS , THE CITY MANAGER, OR ms DESIGNEE, MAY, UPON APPLICATION, ISSUE UP TO TWO (2) OWNERS' PERMITS TO RESIDENTS OF SUCH AREAS WHO OWN AND/OR OPERATE A MOTOR VEIUCLE ALLOWING SAID VEIUCLE TO BE PARKED IN THE BLOCK ON WHICH THE OWNER OF SAID VEIUCLE RESIDES AS IF THERE WERE NO TIME LIMITATION RESTRICTIONS ON SAID PARKING . THE PERMIT SHALL BE FOR A TWO-YEAR PERIOD. THE PERMIT SHALL BE AFFIXED TO THE LOWER LEFT-HAND CORNER OF THE REAR WINDOW OF SAID VEIUCLE, OR IN A LOCATION ON THE VEIDCLE APPROVED BY THE CITY MANAGER, OR IDS DESIGNEE . TIUS PROVISION SHALL NOT APPLY TO METERED PARKING SPACES WHERE PARKING METER ZONES HAVE BEEN ESTABLISHED. A RESIDENT OF SUCH AREA MAY OBTAIN TWO (2 ) VISITOR PARKING PERMITS TO BE ISSUED BY THE CITY. THE PERMIT SHALL BE FOR A TWO-YEAR PERIOD OF TIME AND SHALL BE ISSUED FOR NO FEE. THE PERMIT SHALL BE ISSUED FOR A SPECIFIC BLOCK AND ADDRESS AND SHALL ONLY ALLOW A VISITOR TO COME TO THE BLOCK THAT HAS BEEN ISSUED THE VISITOR PARKING PERMIT. THE PERMIT SHALL BE DISPLAYED ON THE VISITOR VEIDCLE IN THE FRONT LEFT-HAND (DRIVER'S ) WINDSIDELD . IF A PERMIT IS LOST, STOLEN , OR A RESIDENT'S VEIUCLE IS SOLD , A REPLACEMENT PERMIT MAY BE PURCHASED , AND IN THE CASE OF VISITORS' PERMITS, TWO (2 ) REPLACEMENTS WILL BE ALLOWED EACH YEAR . -16 - ...... I· 0 1 32 x l • .,--------~-------~------------ .. • 2. FEES NO FEE SHALL BE CHARGED FOR A PERMIT ISSUED FOR A VEHICLE OWNED BY A RESIDENT AT THE AREA. NO FEE SHALL BE CHARGED FOR TWO (2) VISITOR PERMITS . THE COST OF ALL REPLACEMENT RESIDENT AND VISITOR PERMITS SHALL BE SET BY COUNCIL RESOLUTION . H . PARKING FOR CERTAIN PURPOSES PROHIBITED NO PERSON SHALL PARK A VEHICLE UPON A ROADWAY FOR THE PRINCIPAL PURPOSE OF: 1. DISPLAYING SUCH VEHICLE FOR SALE; 2 . WASHING, GREASING, PAINTING, OR REPAIRING SUCH VEHICLE EXCEPT REPAIRS NECESSITATED BY AN EMERGENCY; 3 . DISPLAYING ADVERTISING. 11-1-7: MCYJPR YEBJCIE NQJSE MUFFLERS, PREVENTION OF NOISE. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, OR FOR THE OWNER TO CAUSE OR KNOWINGLY PERMIT THE OPERATION OF, ANY VEIDCLE OR COMBINATION OF VEIDCLES WITIDN nus MUNICIPALITY, WIDCH VEHICLE IS NOT EQUIPPED WITH AN ADEQUATE MUFFLER IN CONSTANT OPERATION AND PROPERLY MAINTAINED TO PREVENT ANY UNNECESSARY NOISE, AND NO SUCH MUFFLER OR EXHAUST SYSTEM SHALL BE MODIFIED OR USED WITH A CUTOFF, BYPASS OR SIMILAR DEVICE . NO PERSON SHALL MODIFY THE EXHAUST SYSTEM OF A MOTOR VEIUCLE IN AN MANNER WIDCH WILL AMPLIFY OR INCREASE THE NOISE EMI'lTED BY THE MOTOR OF SUCH VEIDCLE ABOVE THAT EMITTED BY A MUFFLER OF THE TYPE ORIGINALLY INSTALLED ON THE VEIDCLE . 11-1-1: NJBCEJ I r6NJOV3 BOAD IJUl:8 PERMITS REQUIRED FOR PABAOES OR PROCJAAJONS NO FUNERAL PROCESSION OR PARADE EXCEPT THE FORCES OF THE UNITED STATES ARMED SERVICES, THE MILITARY FORCES OF TIUS STATE, AND THE FORCES OF THE POLICE AND FIRE DEPARTMENTS, SHALL OCCUPY, MARCH OR PROCEED ALONG ANY STREET IN nus MUNICIPALITY EXCEPT IN ACCORDANCE WITH A PERMIT ISSUED BY THE TRAFFIC ENGINEER, AND IN COMPLIANCE WITH SUCH OTHER REGULATIONS AS ARE SET FORTH IN nus CODE WIDCH MAY APPLY . -17 • ...... • . I . . 0 1 32 x l ---------------------,.-~--------------------------.---- • • t~ • <. 11-1-9: TRAFFIC ADMINISTRATION A. B . TRAFFIC DUTIES OF POLICE DMSIQN IT SHALL BE THE DUTY OF THE POLICE DMSION TO ENFORCE THE PROVISIONS OF THIS CODE AND THE STATE VEHICLE LAWS APPLICABLE TO TRAFFIC IN THIS MUNICIPALITY, TO MAKE ARRESTS FOR TRAFFIC VIOLATIONS, TO INVESTIGATE TRAFFIC ACCIDENTS, TO COOPERATE WITH THE TRAFFIC ENGINEER AND/OR OTHER OFFICIALS OF THIS MUNICIPALITY IN THE ADMINISTRATION OF THIS TRAFFIC CODE AND IN DEVELOPING WAYS AND MEANS TO IMPROVE TRAFFIC CONDITIONS, AND TO CARRY OUT THOSE DUTIES SPECIALLY IMPOSED BY THIS CODE. INVESTIGATION OF TRAFFIC ACCIDENTS IT SHALL BE THE DUTY OF THE POLICE DMSION TO INVESTIGATE TRAFFIC ACCIDENTS OCCURRING WITHIN THIS MUNICIPALITY EITHER BY INVESTIGATION AT THE TIME OF OR AT THE SCENE OF THE ACCIDENT OR THEREAFTER BY INTERVIEWING PARTICIPANTS OR WITNESSES, TO ISSUE SUMMONSES AND PENALTY ASSESSMENT NOTICES FOR TRAFFIC VIOLATIONS IN CONNECTION WITH TRAFFIC ACCIDENTS, AND TO ASSIST IN THE PROSECUTION OF THOSE PERSONS CHARGED WITH VIOLATIONS OF LAW OR ORDINANCE CAUSING OR CONTRIBUTING TO ACCIDENTS . ll·l-10: PENALTIES: THE FOLLOWING PENALTIES, HEREWITH SET FORTH IN FULL, SHALL APPLY TO THIS CHAPTER: A. IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY OF THE PROVISIONS STATED OR ADOPTED IN THIS CHAPTER. B . EVERY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION STATED OR ADOPTED IN THIS CHAPTER SHALL BE PUNISHED BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00), OR BY IMPRISONMENT NOT EXCEEDING ONE HUNDRED EIGHTY (180) DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT . Scc;tiop 2. Safety Gleu•ea The City Council, hereby finda, determill•, and declares that this Ordinance ia promulcated under the poeral police poww of the City of En,lewood , that it ia promulrated for the bNhb, aafety, and welfare of the public, and that this Ordinance i1 neceuary for the p~atiOD of health and aafety and for the prot.ectiOD of public convenience IDd welfare. The City Council further determines that the Ordinance bean a ratiC111al relatiClll 1D the proper leci1lative object aou,bt to be obtained . -18- ...... ... I· • -·~-------~--------~------------- • • (. $ection 3. Severabjlity If any clauae, 11eDtence, paragraph, or part of this Ordinance or the application thereof 1D any penon ar circumstances shall for any reason be acljudpd by a court of ampet.ent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other penons or cin:umatancea. $ed;ion , Any other provisions of the Englewood Municipal Code 1985, or any secondary code adopted thereby which conflicts with the provisions of this Section are hereby amended 1D conform 1D the provilions of this Section unless such other Code Section provides for a apecific penalty. $ection 5. Effec:t pf JIPMI gr mpdifieatjpp The repeal ar modification of any provision oftbe Code of the City at En,lewood by this Ordinance shall not release, extinguish. alter, modify, or cbanp in whole er in part any penalty, forfeiture, or liability, either civil or criminal, which shall have bem incurred under such provision, and each proviaion shall be treated and held u still remaining in force for the purpoees of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well as for the purpose of sustaining any judgment, decree, or order which can ar may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions. $edign 6 . 'lbe effective date oft.bis Ordinance will be November l, 1996 . Introduced, read in full, and pused on tint reading on the 19th day of August, 1996. Published u a Bill for an Ordinance CID the 22nd day at Aupat, 1996. 'l1lomu J. BU111B, Mayor ATTEST : Loucri1hia A. Ellia, City Clerk I, Loucriabia A Ellia, City Clerk attbe City or.,..._,.., Colando, bareby certify that the above and fCJl"elOinc ia a tnae copy of a Bill far an OrdinaDce, introduced, read in full, and pused CID 6nt nadiDa CID the 19th day at Aupat, 1996. Loucriabia A . Ellis -19- . , I. 0 1 a2xl • ORDINANCE NO~i SERIES OF 1996 . .. • (. BY AUTHORITY JI bi COUNCD.. BILL NO. 37 INTRODUCED BY COUNCD.. MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTDGOVBBNIIBNTAL AGBBDIBNT BETWEEN THE CITY OF SHEBIDAN, COLOBADO AND THE CITY OF BNGLBWOOD, COLOBADO PBRTAININO TO TIii: OVDLAY OP SOUTH CLAY STREET. WHEREAS, En,lewoocl heavy truck traffic t.o tbe Bn,lewoocl Golf Coune during its CODltruction may have contribut.ed t.o pnmature deterioratiOD of tbe uiatiD( surface treatment on South Clay Street which is aqjacent t.o tbe En,lewood Golf Course; and WHEREAS, the City of Sheridan wialwa t.o overlay South Clay Street; and WHEREAS, the City of Englewood awm, operat.N and maintains pavinc and associated CODltruction equipment for the pmpoee of comtructiJ1c MW roadwaya or overlaying existing roadwaya with n-upbalt; and WHEREAS, Sheridan and En,lewoocl deme t.o coopmate with one another far tbe mutual benefit of Sheridan and tbe En,lewoocl Golf Courie maintaaance operatiom; and WHEREAS, tbia Aar-ent will be of UN and besulftt t.o tbe ~ of both Sheridan and Enrlewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCD.. OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Secs;igp 1. The interpvenunental acr-et a.... tbe City of Sberidan and the City of En,lewood, Colorado pertaininc t.o the overlay al South Clay Stnet, at&acbed u "Exhibit A•, is hereby accepted and appr'Oftd by the Bql--S City Council. The Mayor is authorized t.o uecute and the City CJerk t.o a1:tat and -1 the Acr-mt for and on behalf of the City of En,lewood, Colorado. Introduced, read in full, and paued OD &at nadiDs OD the Mb day of Aac-t, 1998. -1- .. ., I. • • ·, • Publiabecl u a Bill fir ui Ordmame CID the 8th clay of Aupat, 1996. Read by tide and pMNd CID fiDal readiq CID the 18th clay at Aupat, 1986. Publiabecl by tide u OrdiDUlce No. _. 8-iN of 1996, CID the 22nd clay at Aupat, 1996. ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk oldie City at....._., Colando, banby certify that the abon Ulcl fonpma ii a tna capJ oldie OrdiDmm ....... CID ftnal relldiq and pubtiabad by title u ~ No. _. S... ol 1111. -2- . ' •, .. I . . 0 1 32xl ____________ ___, . • • • • • • DINll'lilll:IIGCWaGICW'IDID•Nl'bL NWPl'WI' 'lBl8 AGWBPIDIT, ia ..... ialtl01m ___ af 1998 by aad betwem tileat,Of..-,1 .... ...._.,101a.dthllnl .......... SbaidaD, Colorado 80110 (ba I ee6w ....._. • • iTt ia") _. tile City af.....,_., wbaN ..._ ia MOO Saldb Blad-. •I' ..., Ca1araa eo110 aw · a Nfln9ll to• •En1lewooct•). WHEREAS, Sed:im 11 (I) (a) af Anic:le DV aftlaa c-r.lo c-111 tfm, •-al• Sectiaaa 29-1-201, &al·, adll-l0-10& aftlaaCalaralllW ..... ......_ ad eacounp..,...... to CDIIJI ... by omdllldm(wit.b-......... dim-matul benefit; ud WHEREAS, En,l8WOOd bNyY tnck tndllc to tlaa .,..._ GolfCoane may bafl CODaibuted to ..-ature uterioratiD( af tile aiMm( IRllfw tnatmmt CID South Clay Street lllij-t to tbe BDrlewood Golf Coane; wl WHEREAS, SberidaD wiallN to CJYWlay South Clay Street lllijacent to tbe Eqlewood Golf Comae; ud WHEREAS, Eqlewood owm, opentN wl maiDtaiDa PfflDI wl ueocillted CODltruc:tiCID equi.--t for tbe parpoN af ccmltnlc:tiDI 1M1W roadwaya GI' cwerlayiDr aiatinr roadwaya with IMIW upbalt; Uld WHEBEAS, SberidaD Uld.,...... clelile to cuop11• wit.b cme ..._. ._. tbe mutual beneftt of Sberidu ud the EDpwaod Golf Coane _......._ CJiNiatiuw; and WHEREAS, tbia A(reanent will be afue aad bmlftt to tile citiama afbatb SbaidaD aad Eqlewood; NOW THEREFORE THE PAllTIBS IIBlll:TO, POR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUfflCIBNCY OP WHICH IS IIBBBBY ACKNOWLEDGED, HEREBY AGUE AS POI.LOWS: A. RESPONSIBILITIES OP PAllTIBS. 1. Eqlewood lball make available to SbaridaD ita JIPDII aad INOCillted ~ equipment for pnpariD( tbe ailtiDt l"Cladway aDd ......,_,, iaclalift. fDr tlaa purpoee at overlayiD( apprmimately four*'"-•._....._. (',G) equn yarda al upbalt. 'lbe paWI( depda will..,....... !eetely *-.... <r>, aDd the aiat!D( paved aurfw Yuill ill widtla he.._ llet (151 • twiid)-da• llet (23') . 2. Employw GI' caotnctan af J:n,-ood -0 ....... tile e,pa; -... lllllltdm CID South Clay Street between WNt Neefteld A..ae ad 1w Cnlk • t1aa Nania. 3. Enpewood lball perfmm, at all tma, all ...... ad ft I C MM to tlaa elll'eiS Mt · D-.ry, cluriDt tbe time ....... ill ·wlldcla tile eq+ 1£ mt iii ........ ill Sheridan . -1- • ~ t A • ei------------------------ • • 4. Englewood shall be reepoll9ible for all traffic control and Sheridan shall be ret1J)OD8ible for any other work not ueociated directly with the operation of the paving equipment. 5. Sheridan shall be respoaaible for all material coete uaociated with the preparation of existing roadway Uld the comtruction of the new a• uphaltic concrete 098rlay wmk. The coat of materials are cunently estimated to be $15,000.00; however, Sheridan will be reapomible for the ac:tual coata not to uceecl a muimum of$17,000.00. 6. Englewood'• contribution to this efl'ort shall be limited to supplying and operatinc the equipment neceuary for preparation of uiatinf roadway, construction of 3• upabaltic concrete overlay and coats uaociated with traffic control. 7. Englewood offers no warranty or ,uarantee for this work. B. ASSIGNMENT . Thia Agreement shall not be aasigned by either party without the prior written COD8ellt of the other. C . NOTICE . Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently liven for all purposes if sent by certified mail or registered mail, poatage and feea prepaid, addreued to the party to whom IIUCb notice is to be given at the addreu set forth below, or at such other adclreu u hu been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice mall be sent to: City of Englewood Public Works 3400 South Elati Street Englewood, Colorado 80110 D. PARAGRAPH CAPTIONS. City of Sheridan 4101 South Federal Blvd. Sheridan, Colorado 80ll0 The captions of the paragraphs are set forth only for the convenience and reference of the parties are not intended in any way to define, limit or describe the scope or intent of this Agreement. E . INTEGRATION AND AMENDMENT . This Agreement represents the entire qnement ~ the parties and there are no oral or lateral agreements or undentandinp. Thia Apeement may be amended only by an instrument in writing signed by the parties. If any other provision shall be affected by such holding, all of the remaining provisions of this Agreement shall continue in full force and effect . F . WAIVER OF BREACH . A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed u a waiver of any 1ubsequent breach by either party . -2- • . I • 0 - • . ,. ·~ • (' G. AUTHORITY. The parti• hereto wunnt that the liplatori• below have fall ad lawful authority to eucute tbia Apeement on behalf or Sheridan ud Eql-ood. IN wrnma& WIIDBOF, the putiel bmeto have euc:utad tbil Contnct die day ad :,ear ant writ:lm aboff. ATn:8'1': CDT OI' INGLBWOOD Loucriabia A. Ellil, City Clerk ATl'BST: CDTOFPBRIDAN -3- .. I ; ., ___________________________ _ ORDINANCE NO.~ SERIES OF 1996 . ' • • ,, BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN 08DINANCB AUTII081ZDfO TBB PUIICIIAIB 01' A l'A111181TB POR THE BENEnCIAL USE OF THE LITI'LETON/ENGLEWOOD WASTEWATER TRBATIDNT PLANT BIOSOUDS IIANAODIBNT PROG&AII. WHEREAS, the Englewood City Council previoualy authorized the purchue of the Piland farmaite with the pauqe of Ordinance No. 15, 1986 for the diapoeal of biosolids; and WHEREAS, the Englewood City Council previously authorized the purcbue of the Linnebur farmaite with the pauqe of Ordinance No. 2, 1995/1996 and Resolution No. 1, 1996 which appropriated the funds for the pun:base of the farm to be wied for the disposal of biosolids; and WHEREAS, the cities of Englewood and Littleton have purcbued a total of6820 acres to secure fields for biosolicla application, Bite ownenbip providee cuatomen with secure biosolids \Ille Bites, continued low coat operation of the pnlll'&Jll and crop income to off'llet the coat of the beneficial UM prosram; and WHEREAS, the Englewood City Council direc:ted ltafl' to~ the purchue al the selected site comprilecl of 320 ac:res, the Crail fanuite, which ia located in the center of the previously acquired Linnebur farm in Mama County; and WHEREAS, the Crail farm Bite ia a dryland wheat farm which ia IUffOUllded by the pnMDt farm property OWMd by the citiee al Bqlewood and Littleton and ia located near Jolly Road OD Colorado Hipway 188 in eutem Adams and Arapahoe Countiea which ia appronmately 75 milel fram the Littleton/En,tewoocl Wastewater Treatment Plant; and WHEREAS, the purchue al the 320 _.. will eliminate the 'island' that c:urnmtly emts and complete the acqailitiOD al the praperty fGr the bmeftdal UM pnllr'Ull; and WHEREAS, the site's polapcal fmmatiGas ud the -·• lack al pvunchrater virtually eliminate the poaibility al p,,uDdwa&er CODtulin•tion ud lOO'll, al the Bite is in wheat production, wbicb ia IIUitable for lliNalids applic:atiOD; and WHEREAS, the Li~ w .......... Tnat Plant 8-eftcial Use J>roeram operates under a Notice al AutbariaatiOD fram tbe Colando Department of Public Health and Environm•t; and -1- •. • • . .. I. , • • ·, • .. WHEREAS, the property will meet bioeolida requirements through the year 2015; and WHEREAS, the coat af the property is $106,240.00 which will be split 50l50 with the City of Littleton; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council afthe City afEqlewood hereby authoriw the pun:hue of a 320 acre farmaite to be uaed by the Littlet.on/Englewood Wutewater Treatment Plant for the bioaolida manapment prop-am. Section 2 . Payment by the City ofEnpewood for one-half the total cost of$106,240 or $53,120.00 is hereby approved. Section 3 . The City Manager or bis deaignee is authorized to eaecute documenta to close this transaction for the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of August, 1996. Published as a Bill for an Ordinance on the 8th day of August, 1996. Read by title and passed on final reading on the 19th day of August, 1996. Published by title as Ordinance No. _, Seriee of 1996, on the 22nd day of August, 1996. Thomu J . Burm, Mayor ATTEST : Loucrishia A. Ellis, City Clerk l, Loucriahia A. Ellis, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and f'oresoinl is a true copy of the Ordinance passed on ftnal reading and published by title u Ordinance No. _, Seriee of 1996. Loucriahia A. Ellis -2- . ' • • I . 0 1 J2xl • • • ORR LAND COMPANY 5040 ACOMA STREET DENVER, CO 80216 Phone: (303) 295-1313, Fax: (303) 295-1256 - 1111~ tttM,1 Ill\"' ,,.u,tAI ,4,NI u:c:AI (1tN!:hJ11f:Nl'n: ,\.NII 111[ l 'AAIIU ....... .., n ... , ... , ILr.AI. ANlt tAJ •• un11:a nHM[t. 1117, .. ,. !IU:NtNt: \'AC-ANT LANDIFAIIM AND IIANCII C 'ONlllACT tu 1111\' AND 51:LI, IICAL f.Sl'A 1·c IFINANOAL SCCl'IONS O~IITTCDI uMlav~1~•~------. ••IL._ I. PAIITICS AND PIIOPCIIT'I'. City of Littleton City of tn9lewood .,_,tf(•J !It.val, I•• 'I.-" 1.1.J,IA~, •-• ill c°""'""") .. ,., •• '-'· ... ._ ........ •lnCI) lk .. l. •ree1 1k, Ml. NI ... 11t1"" 1..t n .. M 1-•• r,w• in ehi, c~acl 11w r,...,. ..... 4nc,ihlii, ••• c•• • llw C.-t, of Ad... . t:nlrw1'4, to• •·it £J/2 Section l2 T]S R!t1W of the 6th P .H .• conaiatin9 of appro•t .. tely 320 acrea . t..-, ... ND vacant Land n/1 0/1 httt AMic• Cit)• S.tc 71" "'r~ •• .. inln"I of Sela Ill wacaerd atredll IIMI •le)., ..;.cat -.C1d0 , • c-11 ... ntlla .,,..._, llw1111n . al """'"'nM* tt,r,cNI ... •• MIKhcd r.~t,un ._,co.. nc:ept II ltetcin eu ... d (culltldi¥Rt,· till: tr111pat)·) J. 1NCLUSIONS/£XCLUSIONS. llw r-d1111e f"1CC-iM:Wt1 .. folln,a.,"11 a .. t•> if ••dMIII 111 e.e ruirn1> ,. 11w ,.k' ,., "'" c, .. tiacl .., ...... , ....... ......... ¥1:llllilalNII,. •-' lltl c....,._-W rnt111n , T\I ........ •tct tnRc .. ,. aw,ohf'•c-"*fll' .i .. '"' UOIIII~ dcHCC'I .... It~ "' ........ CntM'daf lilnch'jecb ......... ""'"·· ftnat CICl\'Cnllfl illllnn-lftllnlll. t-h111 l,llhn, ........ ,en ,,.. .... kt .. , .... "' ... 11 a..e,uk. t.ill•M , ___ ll)l'llialtt (ind. ... MCIDICWiest ........... ...-r•• ....... _nLt 111'1"'* ..... , ... . (11) 11 "" tfM-1'11'1'('11\ ~ti.ck, ••W "' "'1t .., I~ •• of ll1is Cll;W1M1 nw• •·..&-•. •-*-• .... ~ .. •""' r-w 1.:t. d1.k~ 1,,....,.., "'"•h • trll"'I• u•I'"'' tf'Cf, die,et) t\119, (NC"r,htt IIMNII . r ..... n IICfftfl', fitqils.c ftMft. ---•nlC, '*•ft ...... 11 l.~·I Md (11') 1\11 pf'1so11el prope1ty refflllinin9 on th• 1ub j ect property after the date of clo1'i 119 sh•J 1 be th• property of the Buyers . Mi neral Rights: Price to include •ll of Seller's inte1e1t. if any. now owned by Seller in •11 gas, hyd1 ocarbons . oil, send, gra ·.el end al) other '91ineral ri9ht1 appurteuanl lo the real '!State being co11veyed . 1•1 W•t11 A.,..,, l',u"-1' rtic:.-1u • ._... ... '°'""'" ... ••• •ir- 1\ l J water, water ri9ht•. ditches, ditch ri9ht1, 1tora9e rl9ht1, re1ervoir1. reservoir rights, wells and •11ociated well perte1it1. and 9rouudwater ri9hta. whether tributary or n o n -tribut11ry appurtanent to 01 used in conjunction with that real eatate being con v ered . ••I c:,--c ( ,..,., W .. tt,red eu -.e f'o"'Ml f Ct"f"I fcln ... IW)n af'• at....,_., Selle. •h•ll b@' entitled Lo come upon the land to harvest and to receive all 199"1 and prior reairs crops . Thereaf ter. Buyers 1hall be entitled, in itt aol• diacretion. to dete11ntne the di•po1ition of •n)' ctop1 91 own . lar1aln and Sal• Deed 011 th• lk ~-•••ftd .......... (lflclMiw) ........ ht~~,... la., ... .,, ..... it,· hil., ..... w1t11 pd •l••r•l rich ti "'"''"''"''H/>~N~""""'~" .... -... , ... -.......... , ------• --I, --II , .. h,..""W •ached r. .... , ... a,e ncWe4 f,._ ,..._ •It llone J . PUIICIIASC PIIICf. AND TCllr.15 . ,., ,.,.._. ,.,.. -1,e s ftolo"t CCOlllf'kte 911-........ tenM ._.,.,) 106,2t0 00 ........ •US ..... •> tt.,n .- t•J .:. ...... ~ ..... ~-~, ...... "' ...... t: o,:,eo,;:-,,r;or.,::rr!'l o~h,ck ........ ....,. .......... ..,.... or .. ,-ca..ir :.:e:. • ... n• •«-NI "" kl1111f nf ...,. lelir, •"' l~'fl Rtulo 11 ......_. ffl •••• Htllt ..... _, ....... 111 1111t .... ar-• " ~ .. UI hdtMII' tlo,tt!p IM lat.cl' 11f I 1Ql, 2fQ . 00 (,...ir .... ptillll ... , •-•WI')) ...... ,_• raao-. tht ............... . 101. 210 00 ..... c.tr-1 '*""· ............ , ... ,. .................. " ... ·~ ................ c ......... "'" "htcti to•tkuk udt IWll"ll,wuc 11...-fc, f•1d1 tt1h(IOIII rt.ed •• ,-,, -, .,_ _.,,, cli,ecl , -, ca._,., c...._ (01..., r ... , ~ 11ro h f'l••oo,_ ,.1 !litt tlt "1 •. H thll' n,•~ I,• W.U M llw NIC Clf ....................... Ille ..,_ ....._ a Sectim 1 . ._ a .... • tW 1.-t11 ·,,k *' I ,..,,d I .Nik .. ,1,,. ... llll ..... *' fcillct•• 1,1 ,._ ,_ IO~IITTCD • INAPPUCA•UI 1•1 ••-,"-IOMITTCD -INAPPLICAIILCI t•I 111;•, ... ,,. ... , .. , .... , ... ,, .._ .... , IOIIITillt ~ INAPPLK"AaL£1 •. flNANCING CONDITIONS AND o•ucATIOIIS, IOMltttD -INAPPUCA.UI ~. APl'RAISAI , PIIO\'ISION . cClwd , ,..i, Mr ttr,,, ,w.. "•''°"', II .. , D .W •-.,., N I._ ~"""• S ..,.....,. H ~M 4'ftu n.,.., ..... u 6" .. .,. .. -4 .._.._ to ....... e.. .-,Id ii tliit ,-.ct.w f"l\t r "1 ff1h It.( l 'li"l~lh I , .... htlfl fidn ....... 4 ., • ..,.. ...... It ..... ., --- llit ., ... , ... 1W Wll--'r I•\ liM-flol\CI ....... 11w !ktk-1 It• .. fflu ···-...... t.f tr, .......... a 1'"1") ,.f wdi ......... IW Mllfll"' ...... , 1,j ,.,,. ............................................ c.., ....... ,.-c....a. ..... tce1•·• ... . CNI 1 N YACANt~--utDIUINCMCON'tMCt IOWY ... l&.L .. llllltAtl ,..._..NCIDIID11nfllll ... __."_"..,,.,, , ..... ..,...,.,... ~•••tttt, c.....,._. .. , ..... ~..,. •• .._.......acoca.nn,12 .-..._. .. ., r11101 O'ltlt UUIQIOCMtl CWIRUIC>CGI/HHV _, __ .,, ... , •• o, ...... p._. I efl .. I • 0 • • • • • -------------------------------------------- J~i'":1~)'17·1 i D9l;' "' ,.ct, .. , ..... i "' '""tn' •itKc c~·;:;:.=.,~k-:~:=~~~·:·:~·:.:::~ :,:C: ::::.,~~::~·==~.':~:, ;;',:'11~:.•~·;,: •f'l"•"al ......... tw'"' .... ei\ll's •n ,.,._, 1n -. ..... ...., aw, Nt1il... ,. COST OF APrRAISAL CC?"' nr •) '""•i•I ta ht aMaitl .. .nr, 1M ._ of llllit CD1111r1c1 •WI M ~· ,-d t,· 1. NOT ASSIGNAaLIE. 11tt, ~•Kt ,hall ""' ~ ........ t,y n.,-, ••'"*' &riff'• p1icw 1'ffl11111 ...-, E.1tctr1 • ., 1~1tK1r,I lh1~ <1 ... IKI .... au: •n ..... ltewr(,t nf Md bf ...... •f"'WI 1hr Min .......... R ...... lliva, MtCICISOfl ....... nf -.C l"'flict •. l\'lb£NC£ OFTITLL ~·l:f nal1 r .. ,.. ... lo ""r.'· at Sdla'1 ftflCIIIIIC . (,t,J./. •n•I c_.._, (oe o•ttet'• title ... ,.er rolM.• ., 11n ~=• ~::.:c~ ~,~.r ':~e •!!~T-~!i~!~ f!'t-!!~'~~t~ff4'Jlf,".":c°' :'°'~i~0',.!4 ' o~§ ul "1~"-l'-' '"' ... , ... ~ nf ....... """""') 11,;..-in ~ trhcdi1k ur Ne~• (&c'f'IM'II•) ill k lik iltatt..« ~-.tw t..· t•n•,hc-,1 k> fl.r1.N .. ~dlrf0!1 Ur"N'lt' lh;. feqll .. C"Mt'nl thaR ~lein M\ In ... ,_ ..... ""n 11r IHll'lld ill .. offttt nf lllt cfnl -4 fC'l'"'*" ,,t 1~· ::r:~I :.:.::~,~" ..:•":a':' .. ~.:c!:k( ,::r:;.,,.:.-;•-:~~r. ~e~~,~~~f!IJ!1,1.,.:;~~-~~:. ':.=:'co:::,••:•••~; .. ::: 1.f """•'""'''-' ti,tcd •• k .-1.echle of nttr'ffl ,... t.ta .. " ______J2 cllmtlm •v• lftet Tik ,,.._e tr ~ r..,n.fte• ,. 111lr ....... tt c._ ..... _... ~~. "·ill r-)' tlte paniltNI .. ctn,. .. ad ... w: Ille lillr .... ,anu pnlicy 4cli,..,,.., ID U.~· M --M ,.Kl_. Illa d, .... t. TITLE. t•l U• R•''-· n.,·n ..._. ... " fw •it•• to 9",-1 the Tilll' t,,_ .... or lltlhct Wrillea _.e tit' fM,ew nf •••nh•11111loih1,· ur 1ttk nt ol ~· ,,._. •"'a1i1'an10· tilk awlit.,.. th;, • .,. Ii, the: lille lh,a-111 Of abllrK'I tW be tifned t,· °' Oft hd.tf nf IW\n ..t fJ:1•1:"11 .,,~11,et1..,ntbtf,,., _..l2.mlc ...... •,~ .r'" Tide l>ndline. nr •·itl.M r.,e (!) c_.._ IM)'S -"• ra:itifi' ~· ~-er of•"' l"k lh.·""te••1 '" l'..t,••-•,1 ....... ,.." f.ultJ* .. •) tn dw ttllt o----• llufellwt •·~ • _,.,. ol tlM li* ltnc..-.1 ..... •" ri..1."ilf""-C'I 1t, telli· II '-t'llrrr •-'"" tft"ei,c It.ya·• .-Ce hy -... •o> ~cir_. llhntt. O.,e, ea:qlll 1a. cGllllilioft al tilk •• hlnsd It~ ~ lrlle lh .. -._...1, •" ,1111dac:li"} th) alaun, N ... •-• It) tlle I" ... a ...... Sdltr ••• •ttw:r ID .,._, • bf l1dnrt tlte: l'ille l,_Mine al '1•t• ell fc-~'" « .... l' ~ nf al '-'d•J .... ••w:rt1) 91 ~···· ,-..-........ ta .. r,opal)· ...... di.dole te a.,., ......................... hlk ;::.;:, :. ";;·::~. '!:." .c':.;::;•; .. °' ..::.• "1·:: :::-::~=~·::r~~ _-::!:~.:e~· ::::.-:.~~':'t.:.*:'.:W ~:.:;;.l~:'1 Wnum .. it.cl' ,,t ai, ~·-·~· c~1) 11Mdnse4 h)' ... or rn•W b)· .ctr a,....dnl •• Is llipad '°Y nr na tc,Wf nf llli)n .. J J'"C'" .,, ~dk, 11t1 111 hl'fnn Jy} Y )9_, 199§ U Relet 4oe,-' ,eieci,·e &.,e,·, mliec lit· •id••· U.~, ._,.._ 1• _...n., h• ••di t'fht,; if ... \. nf IIMtd ra,1in of •t.icll S.,"fl la. 1c:t•I l.....tt ... ,,, f; ... del I H'"e ••tttrts. 8".CIAI. 10,,..r: nn-nucu MA\' M. IIWl:CT 10 ca.llAI, OMICAUON ~••n•HF-• 111.\1 ,,. """' II\ Mr\F.J\fl •• JI ,,.,.'111T,.I) """'' A ... llAL 1Al 1.1:\U:11 ON 111f' TAIA ... I: f"ll0t'01\' •·tnllN a'l..11 INITIUCH l'lltll'Ean """9:ftl IN '111.11 lll!ll'IMtf ,,. M\\ "'· rt.ACT.II Al ltt!I~ f'Olt lfllC'ltF.Affll •• I .L L[\'HJl ANn Df'l!Ql\'"f.: l.U M11111€NI TO ltl"Nla:1 1111: RR\,CINI; Uf atfll IWtlt \\t .. Nt I Ull1 '""'"'N( ,.. Attt• """" 111'«: IN '"' INA .. fUI\ "' MIC.:11 A bll11tlrt 10 IJIIC11A9lr.l: 111(:II INtll;.al~tlN~ •1nM•11 !lllll ti ,,,... ,,... Mt , .. '" t.lllJ •. ,,·,cit III IHR ,11,.1w IP'l\'U11C.\Tr 111[ nc,u flNAf'C 'IPtG •to1111,ntr.ffl1I or tllt Alfl'lllNttU ........ Al .... N!A'lkH'II tNIWtt1ntNt·~ or ~·n• IIIS1111C"U, F.\l!UtNf: ..... ,. 1.[\IB Of' 11111111 bltt•tct ICR\'l('INr. ain, .... ,,..,n,NC•. AMl 111[ l"1R[ffllAI ..... AN .,. ....... ,~r ffiril ~l'C 'llt.llt.l l[\ID ~ the ll\Olt tht" l't~\ ti loc:el .. •;,.in I 'l'l'hlil IPiftl dialrid .... ,.. N9fH In ............. aa e tt•II if •••• t1oticc ,, riu,, tc, ~rlle:1 on 01 hefo,e the dlk ttl rnr,h in Mtl'ltna 9 (I,), '"" COIIIUICf .W ........... ,. .. dnu a,1 lftl'IW ... '"" "'"n" h, 1hr date 11f1tttr~d ah•u. ""'"' 1t"ttf* 1hr erferl of 1M r,or-1,1, ..ct.llNlft i1t --' tpccial .... ,-,cc,) ... •·•we,; ,M '"kt 111, "' klmn~11l' tdl hifhe lff ( •r If 5dltr refflu1 "'*• ttf .... ,ct...llb;til)• of tik ot 811)' nlNi ••tisfact-,. tidt ............ , u rtmlllal • •lh•"·tiu11 I•) OI (t,j •h•,e. 5., NII 11• ••••lblr cffcwt In l'Oflld •td ••M'8d0f) lillr -,...,, ... -., .. •k 1>1 ''"''"f II Sdln rail,'" CNltt1 •Ml ••••itf•~· litk cONlib(s) l'lll bf hrf1•• .. 4ak of dtJsile .... l'naaCI ................. f"IOtdnf ~t"•l't '"'"'' """· .. ,. ..,,tftftl •lllin r«IMud It) Sdn , GIi III befutr l'"'-1· •ai~e nl;«1im tn ........ , .. -, Mir_...,, II. INSPECTION . 5cllc, .... n 1o ,.n,·Mk llir)fl ""o, bdote JUDI 11, 1996 . MIii • s.an ·, t"tnrr"' ltri•d•"'"" h,r• C',_,...., .,, !i.tller In ... hat ol ldltfl Cllflatl ect•I ._......ap e.,... Of ar, ............. ,-. ....... • lle11t .. ._...._..,, nl tM' ,.,,ocat ,Ullll'4 t1 ... "' •• r,nren, _. ..._ .. , ••"'""' ... ,.....IE u ... ,... _.. ef.., _...__, _...,...-•a.,, .. 1• ktt•H ,,1 •""-"·"•t1HuM·41,,!"c:lkt""o,kfoieJYlY ]l, 1996 (ftlije~l.1t..._) ........... c......_,.~,.111rri•,•"" ~.7..;: :~,: .. ~ ... 4;.::.!.':. ...... ~!1:':''hr':,..~"'r;,a~,t\6.'i;;;•,., 11y ~ ... • Mt Joft~.:':..: .. ,!:!~ •:, ~:4:.::~·".;:: ""-• tltis a~, 4-)• ............. .._ ,,_,._, ......_ •i6ia ... '"'• ...... , ..,,. lellt ,. ..... •ii• Nllc:c ,._ 11.t\n •• , .. ,...,.~ '" ., --~•C'tllW) C. ...... .,fl II Mfl'Oltli,lt re, ...... ,., fat•) ........ OC1CW1 ID .. t'tapltl)• ............. •• I INIIII ,'It .... ...,.. ... ltfk 4u1ft ht' Cl"llll ~W-11 h« aid cir• r4 el .._, f,,. ilf"l'C'81 -,..o-..-, ...... • of .. •• of.,.,\ ........... e.u-. •llc111n • ._. ..... ,., MAt "~"'rt t•J iil""itotll""' ••, __.., t~ uWt I V) 4•• .._ -"• ....,drd •) 6a 1• be-.• an-q*iil t,\ ,...._n .. .. .-c-ni J,.,n ..... ,..t ... r clll• 9Ca t t lN) ...._ , .... , it ~ eif ._4 ,.,_. • tlw r,ornt )' ttN .._...,. , ... p!llilw ,..,..41 • '" ...... , ..... ..t,~.-tti ,., ff .. ) t n l Mdil•....,"" aw ru,,..,f) .. ._-, "f"l'lWI ....... .,,, t•) ..;rd 1111 ........ -4 .... ._,...._ IJ. '"''~IEN1 orll:NCUMUANCl:S. ... , --,_..., .. ,_ -i. ,_ • • ..,_ .-. ,-......... ._ ..... 1111NC1tnrl"' r.-. -, .,, ,_n U . Cl.USING COSl"S, DOCUMEN1 SAND 11ta\•1CU .......... --l:f i. «--· ... ,_,;., ....... .,,., ..t • ::'~:"':::" .. '';:'~1"':'r:~r! ::'';:, :=:!" .. ~;:::.:::-!. ~:: ... ':',., ... ._ ,w • ~·.::= ..... ~;":;".'..' ltw ...... , .. ., ~ \4., ...................... ,_. •. ''"-•b ) ,..,, ...... -..... 91ft' --""'--...... 111 .. ec1• .... hr ,-.1 •Mn .. It) "· ,aoaAnoNs. 0.-.1 , .... , .... ,.. c1 ._ ......... ,i. ••• i. .. .-_ ..__.,, ,...,. • .._. •fllll """ ditittn ,n._.,.., eM41Cfie._ ..... ad '*•NI,., .... ._.,,. if-,,_, ..... ... " Ho ne ........ ,.. ............. .... 16 . POSSESSION . r ... -o1 oi. ,--.. ..,_ o, ..,_, • - ............. -....... _____ ..... --,--icen·••• cats , ... v•c•• t.ANDfllllll..., IUINONCGlfflUICI tOIUt -1&1. •• Itta,. .,....._. tie,... Cllltfllll ,,,.....-........... _., , ........... _..._, ...... ~ ............ ,......... ............... IICOC:Gl.ffntll ........ ~ '"'O J Olllt I..._IIAUCJCMII.CRIUN>~ -··--"'1 ... ,, •• -......... • .. 0 I • 0 • • • • .. • (•,ate of clo•t119 and delivery of the deed aubject to Seller'• 1:i9ht to llflllOVe all 1991 and prior ye•r• crop1 . -:::-.~:' ,':'; :::::: 11oi -::::;~, tf any, and the Le••• atta~ed hereto •• Exhibit ·A· and incorporated herein by reference, .,hich ahall be •••cuted at the tl-of clo1tn9. • W .... lftet cloae . ._ ... M,• ........... 11w•1r ......................... ••••-...... ~ ....... ...,. .... ,.._.,, 100 pa,....,_ .. _.,_.,_.. ___ •• ~ .. ... n. CON91T10N or ANI DAMAGE 10 PIIOfUITY. &nio • ---1o t11i1 ·-· .. ...,...,. _, -· .... .. :4':'~ ~ c-;::-,..-:;: :.• :'...:.":c: =--:'~-= ::':: .:;.-:r=. a:.:-:::;:-'.:.~..= t;:',!;, ... ~ ...... _ 1c1o-,1ic•1r.,fc .......... ~ ............................... w,1ar .. ..,.c__. ... _ .... c•••"' _,. Is kt....., • .. .,... ., .,.., ...... ...,._ did • C8I) ................ _. .... Ian-.. .... Is ...... •• cec .. tn. • •• ... .._ ~ ........ '"-............... .......,. _. ...._ ................. 11111' .... .-~ ,.." ~ .... .., ............ ··-··· tail .............................................. ce.-. ........ .. '""·-•t.idwtet .... lir .................. ..., .................................... , ........ , ........ .. ...... tW ............. -............ '"' .......................... ...,. ........... _,.. • ..,..._ .... '"' ... Inn fo• alft ·~In ... -.. CH"I" I,\ litt> .......... , ......... ., .. ,.., ....... ID .......... 0 .... ii..,. H ... M .... a ~1- ) ....... "' .................. ----.......................... ft191. • ..,. II. TIMEOf a•NCl'JIIEMDIES. r-ii al., -.._, • _,. -• ..._........,• ..... ~ ....... •NI', .. ._ ....................... ._.. ................ .,. ...................................... ,.._.. __ .... .....,...-. IOI IFMl\"111 ... MfAllLT, __ .__,_, f"' t.:¥:e.' :t:52:iJ:Z:!.Z ::.;: .• Ji !I !'•tf 2s·-4 ·:.. .... ; I lltJJ , .......... n...,... Al pa)ar• _. .... et.._......,........, ... lit...,..,~ a.,-_.,...._.• ...... nC !'w., N t,.tlli ,...., ... tllel•IIII ....... _. .. ._ ........... ~ , ti ........... ,.,._.. ... ...,, of ,N ~ l•J4•1tAIIIJ 111\t.tAHl:!I ... (t'•ttf'I .. p,flttlllell ill ..._. (c)) 1tC EIJ.ER'I IIOU ANIJ ONl Y llEMEIJY .... , ......... ht petb• ._ ,..,. ... _ "'11119'1:,..,.. ~ "fff~· •• , .................. ,...._ ......... ..... 1•1 11·,sr.1 .l.t:Nll'INIW.•·Al'I.I : "'9w, MM' c1K1 tn ••• lllia ..._, • cascW. ia ._. ctN II,-,-• ... ....,. rtf , ... tNti,c4 ltnfWMln .... k ........... ...,.., ..,. tCatffll ......... • .., lit ...... • 911!,w -,· sllct Ill I ..... canrl • "'-f • .. f.•rc _. t"ftcd ... •~• ... MIT ... tiflll le lfl'cilic ,..,,...._c • ~ • ... 1.-1 t 'USIA ANll t"Xl'F.Ntllf':I. Aa)1 ..... let 1111 c ... ar, ................. 91 , ....... el~ ......... • Iii .. • ........ 111 ..._ mNIIIICI . Ilic-..W.•N •--' ...... ,. NI liar f""llill'I ... ,. ........ -....................... , .. . 1'. EARNEST ~IONt\· DISPUTE. _.....,. MIi" •-• of 111io •-...,_ _. ... -.... io .... ,.. •• ... ,.-uuc191 re,-... k •tacit--, .... ,._.. of ,191 .... k ..... • ............... --'...,. ...... ••cram*'"._"''- f'f ,W ca ned--, ....... al••-INcil• • ................. k ...... ID .......... ~_,. IIWlil-,, ............ 81 h,4rt• N C ...... 8ftlll1 fll'l9""8 .. rit ... cf ... _) ...................... ~...,. • .._.., ... illll'II .... tllft-,C .... J111ddwik91 ... 1W ICCIMCf C ... CiNII .......... alllntJ ... JII. A1 .11:1tNA1"1\'t•••11nat10LIJ11llN:MtMA110N.r • ..... -..... • ,---. ..i;. .. .-...... ""'"'' ...t hlnl .. 1•) .... ,h .. iii 111e• ..... U,.,..•at ............ ill .... ,... ID...._. ....... lfl ....... U.c I,...... •• jirwlh l f'f""'IIII • an~ ........ _, •• ..,.. c..., ill* c ................... 6c ..-6c aliM .... ii ttul rn4uJ .... ... •"" c11,, ,..,.,... d.,, r,._.., •• _ ..... ......, ,c~ ._......_ti .. k..., ,..,_. 1r1., ...,,.., .. aw ...... ..ac .-....... , .. _ ,...,rt"d .a..11r1-Mr l ""'ffllOll ... l..tt•"~ .. r• ... «"11 ...... • .... ,.... ..... JI . APltllKINAI ... o,•ISICJNS : , ............. _ --------., ... c __ -· c-~-, I . S h o ul d •")' ec_,o ufl i et a 1 J 11 e bet w••n u .. ter ... of thil 1teftda1d contrect fot• and the t•r•• cf ll1• t\·r•d ehat19•• end r ara9r1rh 21. "dd1Stlot1al Prov.t1Sot1a. t.he tel1M ol the •>'Ped c hen9e 1 a n d the MdlJtt o ,,al 1'1ovt,1toe11, Pa1e11aph 21, ahall control end auperaecN the c ontra c t f o r•. 2 . Seller a hall ve1Jfy 111 w1ltl119 that to the M1t of .. ller'a '8owl ..... the1• ha• nnt been a n ,· haiardo ua /toai c .. ,e1 lal 01 aubatance uaed or cllapoaecl of in, on. or about the p r o1,ertv et1 c tpt c .._icala 1 .. ally and c:uatoaarlly uaed ln the p1act1ce of fu •1 n9 f o r c r or 9r owth. re•t, or weed control and that auch cheaical1 were u1ed and 0 1 •rp lied u a ln9 atande1d a91icultural p1actlce . l . Th i t Contrac t ta 1ubject to luyer 1 1 obtal11ln9, at hrer•' aole coet and eapenae. • Pho H I En v l1 0 -ntal Jludil accept1ble to lurer, on or before Jluttaat I, IHI . Sellen 1holl c ooperate In 111 .,.r, with lupu durt119 their 1nve1tl9•tl•1 1•cludl119 but Mt ll•l ted to and provldln9 1ccHa to the a,.ject pr-rt)'•• •-••tad . 4 . The intent. of the Seller 11 to create • deferred lllle-kllld •• ...... per l11ter11al ••ve n ue Code lle9ulatlot1 110 . lOJl . luyer• air-to rua ..... lJ cetllfelate .. 1th leller to effec t Sell••'• ••chant• at n o eapo1ure, coat 01 lleblllty to the .. ,., and prowlcled 110 •flee t on c J01in9 date . ~. T h e t el lcr• aftd far• Noae baltr ire not oblita ted to peJ any ceaataalon •• • ree u lt o f thla t1anaac tion to 01r Land C011Pany . far• 11-llealty •hall N coap1111ated e o tel y fr ota t h e SeJJe1 at th• ti-of clo•lftt . Orr Land Company allall be ceapenaated •o lel y "°"' the hye1 at the liN of a aucceaaful clo1l119 . 6 . Title ln1u1anc. and clo1ln9 Hrvlcea 1llall 1M prevl..,. by Tr_..u.., Title tn1uranc 1 Coapanv . IL alCOMMDDATIOIIOILIGALCOUNla. .. ---. -_. --..... .-"-=~=.~:::::.·::====--:=-==-..::===--...... ___ .. ,,_,. __ ,_._..,._ .. ,_,_,______ I .. -.. ,_, __ .. _,. __ &Me_ ........ ---------- .. • • ·, • ,., th( l.1'11111 l "0Mf•:t11\ ha, ed1i1cJ lhtil lhi, J.-. .. ,.c:fll ha, Nttr,tMIIIStt kf•I cun-.clfff'Cn ••I ... re~ a. neM..-11.lft uf Mc ... 1 ,o, .... .-fL'l111~, "Ith kfll •-' la'I. nt otha Cl'llllnl,. ~Intl' ....... lhi, u .. llKt JJ. l '[RMINATION. 1n 1M .. ,.n1 tlti, cni•11et i• tr,.,...cd . all ,-y..-1 _, .... of •la noei"' llcfc_.,. thall k 1d1ST1af ,.,.. ~ ,_-, .... h: ,mr,'1111 .r 1111 c,1,e.,.._. t.,w.aa . ..t;ea -. 5«tec:. 19 H . SCI.UNG CO~IP AN\' BROKER REI.A l 'IONSIIIP. 11• ,. .. honl ... OU kind COIIIDIDY •"' • ~""" ... ••~ ~c-•Pffll H alU11.Yl<l•1JJL.'-'!l~l>19111JDu;t,.__,..,--::-,,---:--,:,::--...,...:-:-,----::-=-..,.,--,-,-,--;---::=-::=-:'.-~ .... c....-~ ... , """'-1111) ._..._. • ., .. ._ •• ._ ,._,e:, ,._ 4illflNI •• ......._ ... _...... • .._. ilat.at -~· .,,..,. MiliN IIJC""'-"'· ... ftlt \ .......... .,. .... J~. NOTICI: 1'0 lltJ\'[R. ,..,, ...,. ., ,._,., .._. .. _.,.. -,..;..i ... a.,.. •. ii,-..,. • ..,.,.. 0 ...._ .,.,;,a1 t. -C-H . NOTICCTOSlLLlll 11-,• .-,. .,., -.. .n.,;.. --... i. -• U.ioa c-,-, 17. MOlllflCATION Of 11115 CONTRACT. No -_._ .i ..,. o1 .. -o1 ,--•• .. , ...... -.... ~ '"' ""'"" .... _,__.. ........ ..,..., ........ .., ....... JI. INTlat ACa£EMtNT. 1 ... c-•"' Cftll•"""' a. •• ... ,.. •--.. ,.,._ ...... • ._ ....,_. ""-'· a.I .. , """• .,.ftWIIC ... """ ..... tllleld" ....... ,..., ,.. .......... " ... _,.. ... -..-· ........ --· 1'. NOTICE Of ACClPTANC[: COIINTlRPARn. llot ,..,..., -• .,_. -__ .. ;. ..... h, Rom •"' '""' " ,.~c4-, '""" ,..,.. .. ,~ bdu ....... 1w nn .. ., .... \ rtteh 't' --or ............. c • .. ..._. ....... y.__.2.,1 .... .__.!.._ ... n"'-"i--__,.------,- 1/uu1ob ta ,..._._, U •t'ttrec,d llttll J.~IMl'll 1W hcfWt • ,,...d ....._. ... MA.,._ A~· fff ... ._ .......... , k r,n:•nl h,. n,ti 1 .. h cr-•tt,. MCI .,.hm ewh ,..,,~ .... ncaalrd • c•!M .. en£, .. 111 cmpics Ill••.....,, .... lie"-• tn k a••-' c1-f'1r "'., .. , ht4"~--,.,tin BUYl:11 By : Ci t y of Littleton Utt Jeton /En11ewood Wiste Water Treataent rlant Li ttleton, 2900 S . rtatte Ri ver Ur ., En1tevood, · slnlue City of Enqlewood for the City of Enalewood 1nd the City of co 80110 I M' ..,._..,,,,1td Hw h,f,1 .. ,..,, ...... _.. .. , ,.-cr,r1 "' the' •-• ...-r) ..,'"',., arcc.•f_. a ledic. , ......... l ·.....-"' n.1111N ... , II\ fhf'lt l tt • ~hip .. «I I nt.I M !liKIMlft )4 !lill'U...&C~ 0 1111 l>JID COHFl'JI Y ~ 0 4 0 IICOH1' STIIEET A, ........ ~~-,C-) ?:"~:?' . .../.~ ro Boa 11, -•~v, .. •~·~-,,,...----.c .. o_....,. ___ al.,.QA.10-.l~-- CIIJ -, .. -·· 122 -,212 ,.._.,...._,..,._, ......... ..,. ... .,....,..., ... c ........... , ..... c..-.._ lCMl,r ... t ce,, t N vac ... , LANIWMll...,IIMICNCaNlaACI 10811'f'...,HUMM.111-fl .......... NCfOIIClllnllOI r , .... f •.-,"••At1 , ........ -...... ~IOtfl ll. c.....,.......-A11 ..._.,.......,.., t111 ......... ICOCOllJJJll1 r ....... _, •NDJ OM a-&.I I AIIOCMfl OIIIIIUWEcoa.Nn ......... .......... I •, • ·, • \, N ... : CletiillJ lallntd--........ al llletila tMlr•tnct loop• .. I. ... __ .. _____ .., .. ____ ..,..., ... ,.. ..... __ l _____ ,,. __ ...__., ... .,_ ___ _ ---.. ,,_,,,_·-••111.11 .c--.. ,-,-. ... -........ _,,,,,. _., ·-· ......... _ ..... .....,_,, 0 ---__ ,._ ........ ---·- .. , .. > .... •Ji' • .. • > .c s-~ .., • ~ C: , ~ 0 • ·, • <. l'XIII B J"I "A" FARM LEASE 1·111sLEASF.,hM,6,...,,,.."1,11 ,,.1"""''"'~'."" the Cities of Englewood and Litt leon {J,1nJ.l.ul.aU.. ------------------~--------------···,..... .... ---------------'c"·rc:•:.:1.alc...:..f:.ar'-'•:::'i:..·Uman1}__. _________ .,Lu..-, "'IIH(S!W'lll1k,tthtltt\Ol'h1,,h,.th,h,wd•"'"'"''"""'·lhtf1._tt.~Pl"'"''"til .... tll*"f""')'f'lf_...a;A::d:::U~S-~-- •IMIS1••nl (oJoraJo .... ,. 'lhe EJ/2 of Section 32, lownshlp '.\ South, Ran1e S7 West uf the 6th l'.~I. c.:011~isti11g of 316 farubJe acres, aore or le,s . ......,. .... ....._. ... ...,.. .. ~-•~1r,""" .. ...,"'-""..._.,._.,.,..., five (5\ 111r1 ~-.-• 30th ... "' -~~llber _ .tt!l__ .... ..._. ... .., 30th ~er 2002__ ,11.., annual ..-e1011e -thlrd (1/l) of ..... the -1!.!!.!_proceeds fro• the sale uf •">~~·~~1Lr~o~w~11~·-------------- 1.., .. ~" .. '"..,.'*"'•1111rtt•,mt ., ..... ,._ ... ., t,c, •• ,. .... ,Upon sale of t!!e c1·op but no later than llovellber lU, 1!198._!!!d on ur before Novellber lUth of each succr.eJl111 year that this lease is In effect. A.NltlltLtt1Dt ... nttwS.O.i .. ,f'Wnat•.1n •II _n~,I~•~-------------------- , .. t.... ....... ...... , •• ........., .... _,...1 ... , ................. _, ...................................................... _ w ,.-..w .. nMNt ... drr land r.... · """""" .......................... ,, .... f'tllff..., ....... .,,..w,..,-..n.'" .... __ .. ht ..... Mt ............... ,..."°" ......... "" ,., ""', .. w11 ... Mf".wMr1 "',dt-...kh .. Mrm"i'"•"..,_* ••il1PnMtt111 of1ht....._,...,.. "'""'' nlahdrit .. ,.,a111hc 1iflt11"' It. lnttt •ftltr1 flt~, ,·l1htt, fll tti i, 1, ..... , ,tw ''"''""'"'""' ''"°' ••h 1 .. ,11,,lluMlr,t°"'''> t....Wl"'f' '""' ft l>Ctt •1t1t•,tht ..... 11,Nd .. tt.,•tn,1n .... 11111fn:1CtlffPtlw .. ....._,,,..n.p 1n, ... Mt1 ln11 ~ff ir,.,i, l t lhfH-ftO•• .. , .... .,.,, '" ,, • .,, ,i-pllof rd tfl.., tllr~,t"*'""l<I •t.,cityefl) .__,ftft9".......,._t k i••IIW81t4,"'"lr 1 "'°'°'' '""' ....... '"' ..... , "'""" '" """"' ''""" -,+11 "''"'i'" ••1 nf ,-·-"· ...... ..., ""'· tli,,.t,tw,,., flt~ l"f nw """' ........... ef '"' ,1..., 'g.o •• ~~--.. :~-;t"'-:;,~:::'::V~:;;".!~!;',":;:.',; ;:::;;•;;.:~'::!.•i;: = ':.;~ ~ = :::::::::::;,::: :.:.~=-~: '~iltc hH t-ft.,..•"I"" 1"""1llini"1 lfl "" 1tw"f dtK1ihrd lalld ! ,, .. '""'"'"'w•~eM,,-.1 h,,...ttttwd1n ... kl ,,,.... ........ , .. ,_.. .. ..,..,l'lht4.., October 1st 4,/J,l,J. ~ti~~tt'~~,. ind llh c~ nf tht I r1wr~:~i~ ~:·~~.:= ::..::.~::,: :::::..'! =....: .:.~ .:::::::;::~'! ~.':,:~~·~=·:~~~ ·::.::;~~!.~d ~~~::.'~':':!i"~~,i,:~; lit11t.1 k 10 tlf t• M IIM4 •ltkla h -........ 111 .W Jiff._.: ..... -,lilt ........... ,_ 1w l1ti ha9fctJ'lltwfl't1ttt1lf'l'lfiUldlr~rdf'•t"'1'""'flr1-w1--'ILll"i..1l.>.l.Li111IIS---------------o ___________________________________ _ !qwh ,: .!~~.:,~•;::~..: !"..!: ~:· .. ~1:'r ;"::1~~1:~!i~,':: ~'::. ~=--:..~,==----=~ ~-:-:::::;:!W • •,1, 11 .. 1 .n ,,.,,d,11wl1 ... 11t l•.111 1111 •"'"' 1••U1 'f 1h w1ut , .. h1•I N1Uldp1u1uw 1,NJkliirld ,..,.ttlt 1t•-•""1'••-• IMt lr1tt •Ntlw, tit •rmrt """' ,,rcwt"'" '" "'"' ,-w•ni,11 "' 1111, .. ,h ot l•ru l •In '"' 1hr t '""" I \.a.d a.ct ....... ...,.. .. , .... ·~ ... ttlel_.. ,,..,.. ... .....,, f.;r•Of't'•h t.f""'''"'t"thf I r••n 11 .. ., ,,,.1m,t.t ,11 ,nct _\.b !l l _l,U :;.~~-~l1 :!Jl~ltiYllC ICO\U•~r....ll.ructures or faill..!.!.!!.! :;;~,1.t.n·~l r.1L ~L l crll!!1 .9'l!L1l •n l L!ll!.L.l!l!.I.I.L..l.ll.l!!r L..91!!.lllll!!IL!l!r the di ,,.., .. 1 ...-u L aunl..di,a L.bi.o..,.sul i .is lhr_.l .U,fl'LJ'lllllll_lh.L..tiabLI11....t..lll cr l this IU.ll_. c:_\.lurj111 it!'i-_ •r t '!! f QL f"ll: pf 1hc _ _f.g U 2~lJll!~I the Le11ee should talc ~ an>·-•c tlun o r_!oil '"· '"'·• ""L •<t luu_\h l!L l.brll.l ti1.1._l ll.L1n.lJ!u..J.11llJlll..J.!L!I•< .,,.l'UJl'•• tr. lndu,ti "& t 1,c I' iu l;11J"u ...D L ll!ll:...Sntln!J1MIIU.LJ ~.J 11.1.ll,.J.tll!.l!l.l!!!!!. lj -DLJ.tnnda n ls:_~l L thc:. 1.rs..••.t...Mll!tJ.IJ.I J.11 I t o abjde br the Lessors 1t,,1rnctiou• ..con c.c ," in~ rcs l JuaLni lrnJt<n levels . ln ..t he._sull.:_c LlLJ.hr_ l&.lJc:IL1Llllll1!1Li n .!l ...a _...111,c r_ wh i ch _li 10 i I L I h t:. 1.cs~<tU _Jd lilJ.\Y...liLl!l'i!I L.bi..P:.Jo l j Js to the proper I r; : _,l)_jL thc Lessec J s .J1u L for •i 112 . .i11 _1_aanue.L1b1.Lt.llllU ltuus •llll!l..11ral111 p racJ i "' lhh l h,t •" 11>,nlflol\ h ,•n, ,t.r 1,,..,, ••N '"'"'"r M ... 1 r :11 .t,lt ..... h "11 .. , flf uid lrew • ..... "'I .w ,..,...,., ... if ii ..,.._, ;M(tlll!J l1M lltt l("''' '" ... i"' .......... .,. ,,1 1tf •t<fl .... __. ..... ,,.,..., '"'"•'" ... ,.., .................. .,.,ltt ... ,M .... . t_t OIIIIUt..tUlflhrtlNW 8._ ,, ....... , ... .., • .,,,,i1 1t111 t .. ,,.,,.. .......... llt'l,it•4"'"''""""4 "'" ................ ., ..... "~' -M4tt-. • ..,.., ...... , ... >.. ........ Sf,Ni••lilb ... '" ..... ,..it , ''""*"" .............. 1 .. ,1,c ,.1.1.4...1111 2 ~ 11rr-t Yfr •1',<l l1'f'fo~f,,,I.W,(,l,/lf,,t,f ,'.,/,,o/,)N,ff,H;.A,/,Hi~l,,\{,ff,1WV.H.J;.;.•.J.J.J.llJ.J.J.J.J.J.J.J.J.J.LJ;l,U ._ ..J.J I I I I I I I I I I I I I I I I I,• I I I /.1.1'.l ~,1,I-M ,/,rl ~ol,lffJ.N(+t'.J,O/.l,ltlJ f(,l,UIJ/Mli-1./.AN,,AI./.WI "~ ~,( 111-/I I I I I/I I ,~l ·f 111111.J I I I I / I I N II// l+l',lo~;.)o/ol N ,lt II I/ I tJ /.J.J J.I UUiri-l•U•iM'-HN ~ f.~W.U •N N l-1' ll I I I.J 1 1.J I I J.I I I I I I I I I / LJ././J.1-J.I.J LJ.J.J.J.J /.J /.J.L/.J.J.1-J.J.J.J../.J.Ll-ll./.J.JJ.J.J.J.J.UL n. .. "'"" ""'' M ,ri11 ,i... •i .. 1111, •h all h or h!CW 1h1' r,l11u,I •"" •-.......... , ........................ ,, ll II ft.It"'" l1uco 1t4 Ni i, _~6.,_-7~£.__~_.., "'-,,,<~4<-.,.7e.:H.,:_ __ , 11..;2J ""~ ·-• •see r a r• ten•• AJdenclu• at I ached hereto aJJltlonnl provi !'lon, of thi s •1reeaent . H9 111 .•, ,.,,. u ............ . ..... ,, .......... ,,., •• , ... ,.. 1-.-n,.,.., _ ... ,,,.,na _, .. .... .. ro:.• I • 0 • ... • • ADDENDUM TO CRAIG LEASE As used herein, the term "Lease" includes that Lease between the Cities of Littleton and Englewood and Jerry and Eva Craig, COl!lllencing November 30, 1997, and this Addendum to Craig Lease dated of even date therewith. 1. Option to Extend Lease: Tenant may elect to extend this Lease for one period, upon the expiration of its initial term, provided that this Lease is then in full force and ef~ect and Tenant has fully performed all of the terms and conditions of this Lease. The extended term shall be upon the same terms and conditions as under the initial term of the Lease except that: al this extension clause shall not apply to the extended term, and bl the rental shall be the greater of either the rental amount under the initial term or the fair rental value of the demised premises at the time of exercise of this ~ension. The Tenant may extend the term of this Lease for one additional term S years by giving written notice of renewal no later t!lan 30 days prior to the expiration of the initial Lease term. Landlord is required to first provide written notice to Tenant, within 60 days prior to the expiration of the initial Lease term, that the Tenant may elect to exercise this extension by the a.bcve- referenced deadline. All written notices shall be sent by reg;s;ered mail to the following addresses: To Tenant: To Landlord: Jerry and Iva Craig 77201 E. Hiway 36 Byers, Colorado 80103 Manager Littleton-Inglewood waste Water Treatmant Plant 2900 South Platte River Drive Englewood, CO 80110 2. Landlord will not negligently cause any act or practice that would violate any federal, state or local laws, z,iles, regulations or ordinances that are now in ef!ect or may be enacted relating to the demised premises. .. •, .. I. 0 '32xl • • • .. RATinCATIONANDACKNOWLEDGME~iOF CONTRACT TO BUY AND SELL llEAL ESTATE This Ratification and Acknowledgment is entered into this~ day of June , 1996 by and between the Cities of Littleton and Englewood ("Buyers") and Jerry J . Craig and Eva Craig ("Sellers") (collectively the "Partiesj. 1. On or about May 16, 1996, the Buyers executed a document styled "Vacant Land/Farm and Ranch Contract to Buy ud Sell Real Estate" which specified the terms and conditions upon which the Sellen agreed to sell ud the Buyers agreed to buy the following described real estate in the County of Adams, Colorado, to wit: El/2 Section 32, Township 3 South, Range 57 West of the 6th P.M., comisting of approximately 320 acres (the "Contract"). ~ Exhibit A (attached hereto and incorporated herein by reference). 2. The Contract provides ~ il.il that: "This proposal shall expire unless accepted in writing, by Buyerfs] and Seller[s], as evidenced by their signatures below and the offering party receives notice of such acceptance on or before May 21 , 1996 (Acceptance Deadline). If accepted, this document shall beieome a contract between Seller[s] and Buyer[s]. A copy of this document may be executed by each party, separately. and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties." .:i . The Contract funher provides that it shall constitute the entire contract between the Parties relating to the subject hereof ud that there shall be no subsequent modifications of any of the terms of the Contract unless made in writing and signed by the Panics. 4 . The Parties acknowledge that because the Sellers did not sign the Contract until after the passage of the original Ac:eptance Deadline, the acceptance dilte o f the Contract may be ambiguous, and agree that this matter requires clarificauon in ilc cordance with the intent of the Parties pumiant to the Contract. THEREFORE, the Parties hereby agree that, notwithstanding the Acceptance Deadline of May :!l, 1996 , that is specified in the Contract, the Acceptance Deadline bas been modified to May :!5, 1996 , and the Parties hereby agree to , acknowledge and ratify such modification retroactively. The Parties hereby funher agree that notwithstaDding the passage of the original Acc e ptance Deadline of May :!l , 1996, the proposal was extended to and included ~fay !5, 1996 . The Parties hereby funher agree and acknowledge that Sellers· execution of the Contract as of May 25 , 1996, constitutes wrinen acceptance of the Contract as of that date and hereby acknowledge and ratify that, as accepted. the Contract constitutes a full and complete contract between the Parties . • . I . ,.. • • A copy of this document may be rmted by each Party, separately, and wl,en each party has executed a copy tbereof. sucb copies tam taptber sbaD be deemed to be a full and complete contract betweaa tbe Par1ies. BUYER: ~ By: Cty of UUlelDll SELLER:--=-=--=------------~ Jeny J. Craig mo1 E. Highway 36, Byen. co 80103 Home #:. (303) 822-5804 SELLER:~--------------Eva Craig i7201 E. Highway 36, Byen, CO 80103 Home #: (303) 822-5804 2 DA1E ___ _ DAlE ___ _ . ' •. I. , • • ,. ,, RATIFICATION AND ACKNOWLEDGMENT OF CONTRACT TO BUY AND SELL It.EAL ESTATE ,. This Ratification and Aclalowledgment is entered into this6th day of June, 1996 by and between the Cities of Littleton and Englewood ("Buyers") and Jerry J. Craig and Eva Craig ("Sellers") ( collectively the "Parties"). 1. On or about May 16, 1996, the Buyers executed a document styled "Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate" which specified the terms and conditions upon which the Sellen agreed to sell and the Buyers agreed to buy the following described real estate iD the County of Adams, Colorado, to wit: El/2 Section 32. Township 3 South, Range 57 West of the 6th P.M., comistiDg of approximately 320 acres (the "Contract"). Ss Exhibit A (auached hereto ad incorporated herein by reference). 2. The Contract provides iJUm: llil that: "This proposal shall expire unless accepted in writing, by Buyer[s] and Seller[s], u evidenced by their signatures below and the offering party receives notice of such acceptance OD or before May 21, 1996 (Acceptance Deadline). If accepted, this document shall become a contract between Seller{s] and Buyer[s]. A copy of this document may be executed by each party, separately, and when each !)arty has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties." 3. The Contract further provides that it shall constitute the entire contract between the Parties relating to the subject hereof aud that there shall be no subsequent modifications of any of the terms of the Contract unless made iD writing and signed by the Parties. 4. The Parties acknowledge that because the Sellers did not sign the Contract until after the passage of the original Acceptauce Deadline, the acceptance date of the Contract may be ambiguous, ad agree that pus matter requires clarification in accordance with the intent of the Parties punuant to the Contract. THEREFORE, the Parties hereby agree that. notwithstanding the Acceptance Deadline of May ~l. 1996, that is specified iD the Contract, the Acceptance Deadline has been modified to May 25, 1996, and the Parties hereby agree to, acknowledge and ratify such modification retroactively. The Parties hereby further agree that notwithstanding the passage of the original Acceptance Deadline of May 21, 1996, the proposal was extended to and included ~ay :!.5 , 1996. The Parties hereby further agree aad acknowledge that Sellers' e:<ecution of the Contract as of May !S, 1996, constitutes written acceptance of the Contract as of that date and hereby acknowledge aad ratify that. u accepted. the Coutract constitutes a full and complete contract between the Parties . I • , . • · .. • (' A copy of dus document may be aecuted by each Party, aparately, and wben each party bas aec:uted a copy tbereo(, sac:h copies tam taptber shall be deemed to be a full and complete contl'Kt between the Par1iea. DA'IE ___ _ ,. sai= ~6%: =1~~ a::~103 Home #-~822-~ _ SELLER:~ \.J,v.,a Eva Craig b 'i'i201 E. Highway 36, Byers, 80103 DA1E p-t-,t; Home #: (303) 822-5804 2 . , .. I. 0 1 J2xl • .,---------~-------------------, • • ORR LAND COMPANY 5040 ACOMA STREET DENVER, CO 10216 EXHIBIT A Phone: (303) 295-1313, Fax: (303) 295-1256 DUI "'111'1 UAI lllll'UlffA."(1' 1.EGAL CX>NIIQUINCD Al'ID THI l'AIITIU aolJLD CONIUI.T LIG4I. AIC> TAX OIi O'Dllll ~ IIPUIIE aCl'IIIOC. L rA&TIU AND PllOPEaTY. City of Littleton VACM"T LAMMAIUII AND IW'CB CONTMC? TO •n AND ULI.UALDTA.TE (JJNA.NCA.L SICTM)NS OIIITTIDI uiNl11.1Y~...il61.------. If~ C!ty of l:l;lewood • . .. I. • • 0 I • • • ~--·'"'.' ~0-•-,. \-"l.•1-. ,,1,1..,._ U•·--" l U ~-"'""""I ~·-> • .i-: ....... -· ---···~··-·;-.•••• , :aRC t~.,.. ,rt fr-:-.. 4: :-fl au~ c~~ 0tc fnbo~ Q-.m:,C fllaJ cs:ac st the COlllt)' ol ,-.;9:-::.s r:/2 s.-c-:~cn ~: :-;s ~S i W c! t.h• Ot.:"l P .k., c:inaia::.:i9 of app:o~-:.ely 3iO .ic:e=. st• ... ,, n/a -• 'ND . Vac:an; ;..::.c:! ~--· Ci&)· s-7.4' _ ... -all --, a! Sc1ior c ...-o -ad au.i,, llljua1 --. • -..S ,,.. •~ .__. all ....,_ --... all ....... r-----_,. ....... .......i \~Ill......,.,.. 2. 1NCLUS10NS/EXCLUSIONS. The iwc.._ ,... _... • ......._ iltal <a> ii ...... • Ille ,.,.,._, ...... aa o< Ilia _ _,,, (;plar.. hala,g. pill.... ........ ud • OGlliiiaaas fillww, TV --•• ~ ....di""1Mpr -· -,it)· ....._ -de 11t;.,i,-wiriD1 al --. lllaab'jalcl. ...-. ....,.., lloar _.., · •-~--hoah..., ....., .,.._ . .,..... •!"'..,• &ad .sl'DII. 1Nih-1a ._. • .,._ (......,. _..). ad ..... ._ ope. rs ...,. n/.a -c_...: 1b) ii • tllc ~ •1111111cr .. bed or • cm thl •• ol !Iii ..-: -....,.., -doall. ,.....,.. 11111 l'ORlb Rllicl. P'llllp, b1ii1a. S-canaio ...... d~ .... G,wpiaa ...._ ( ...... -r..-.... ~ ·--. .... aD Ito,, ad \C) ..l.l personal property remainl.ng on the siu,je~ property after t.he dat~ of clos':.A9 shall be the property of th• Buyers. ~.ineral Rights: Price to include all of Seller's interest, if any, n,w owned by Seller ill al! gas, hyc!rocar~ons, oil, sand, qravel and all other miDe:al rights appurtenant to the real estate bein9 conv.yed. (d) w-Ripa. l'wc1-FD ID .... Ilic ....,.,.. --,ips: All wa:er, wate: :ights, ditc.'les, ditch ri;bts, stoz:a9e rights, ruervoi.rs, z:eaez:voi.r :i9hts, wells and assoc.iated well pennita, and ;roundwater rights. whether tr1.butary oz: non-t:~ut•:y ~ppurt•n•nt to or used in conjunc:-...1on w:.th that real estate ~eing conveyed. (e) G.-iac c,,,,.. Will, ~Cl ID la. ......... g cn,po Sells a 8""' ... U l'lllloliil: Sel:er shall be ent~tled to coce upon the land to harv.at azid to rece~v• all 1~97 .nd prior yea:s c:ops . The:eaf:er, Buyers shall l:>e entitled, ill its sole disc:etion, to determine :he disposit~on o: any c:opa ;:own. Barpin and Sale Deed on the n. .......... aod inciudad ;,.,... o ......... ) -'ID be-~ to~ by S.llor by llill cl 1111. water ar.d lline:-al rights _IJl,,/4/,;/.W.4ff~)ia.~(J • Ille oloaias, &cc-.... of oll -lioa _, . _.,.•,_..ii S.... 12 . TIie f1111ow111f, • ..,.d r....,_ •~ _..... tr-tllis ale: None l. PDRClL\SE PRICE AND TERMS. TIie p,1rcbuD prioc 1it111 bl S falklWL (c-ptca • applicai,le '-blio,.,.) (a) t....~. 19§, 2191 QC • ,-y1111c ill U.S. Nllus i,_. au,. • s 5 I 000 . (10 111 Iller-o! :Si;v•;. I ;l)s;ck .• -~ ..... ad [11111 ,.,._, ... ,_._ ,.;cc . ~ ID ... he ~· Fe -,nc Home ~ •• : ;'\;· Co I • """'· ii • ... -,. beb:11! o! Ne Seller ud &.!-· 8rokw 11 ....._ 10 .._ ... --. ~ io u. ...,. ~ ;r ~·. I • • ""'-ciauog. 1'hc ...... ..cs l Q l « 2 S 9 · 00 (pftt..c i,riao 1m --.> ... • ,-• fall..-... : (It) c..h •• a..,. S : 0' c 2 4 0 · 00 . plas cioa& --._ ID bo paid ~ Dco,-, • ..... ill ...... ...,.,, .,.j ........... CeleN• la .... •triols _. .. cah. ...,...,. :-(e ......... mec1 cited,;. ••P cad ._ ...... .....-. ad __... c..,. (L111111 F_.). ..,_ 1u .. ,......._ el Set-4, if Ille cxis1111 i.i .....,.,. al lhc -o( ~ .U N IIIIJaal r-It. laa 1lllae ill S•iaa J ... .....-111111 la _.. :: f lOOd "-is II dolios or ,-• (nllo- M N.. 1-(OMTITED -INAPPUC.UH.EJ (ti) "-fl._ (OMITTED -INAl'PUCABLEJ l•) 1o1or • l"r...-n,;,,,.Jtarey ~1, [OMITI"ED -INAl'PUCABLEJ 4. F'll'\ANONC CONDITIONS AND OBUCATlONS. (OMlTtlD •INAPPLICABLE) 5. APPRAISAL PROVJSJON. I co,.. ~ -bcn) '!'hrs S.ioe ~ Im ... u O 11111111111 ...,.. '1 If llul S..Cioo 5 _. .. u ......, ..... a.,~, ... u hawc lie Mio o,lioa ..i ..... 111 ----.;. --ii lie ......... .,.;.. _ .... ... ~··· ,.;..,_ --d Ill' • .,,., .. _ '"Pf" ~ -. '!"ha --•hail •-"""• "'' 1he a.,,_ ..,..,S the S411er IO _ .. --.. Ill .,,...... ud a eov. o( IIICll .,....... or w,,a.., --.:c nl J n.--et .. ,, ... ,. ____ _,.,. c __ ,__._c is 1rm-1-, CIIS-1.ff. V~Altr (.uGPMM NC IWC>I CONTMCT TO IUT AND IIU. IIIAL IITATI ~ 1K1Da CIMITTIDI ...... ~-"9alFAIT F-lwW-. V-5.0IIS .Sl. ~"-'AIT ............. IM. , ............ ~12 "-a,· ""EC~ OIM . SAl!S 1'SSOC1Aff, ~ L.\ND CC../lll'f '-l•> a,-.1,~ Seler(1) ---- -· ..... --· ,.,.. _r , • ._,"' ... I • 0 -----------------------.-------------------------,--- • • • ,,.,,,..... ..i • _. ur ..... appraial or.....,..,..,_....,__....,...,.~......_ ii••..., .. ,......_,,_.•,,,•'- ··• v ~, "Oif (A,,.....o..tlim).lfS6r .......... _ll_,, ........ ...__,.,..._1 ... ::,,,aal Maili,a, 9,o~r ---•)' rip! ID ---...... ...._ '-COST OF APPRAJSAL Coll of..,,...,... ta• ..... 6ra ... Ill._ -_. •....,. ,-Iii> !·.;·J ,. l'fOT ASSICNABLL nio __ , .w1 • loe ......... II), ..,., .....,. ....,, prier...,. -1. !-. • • ._...._ • ., --.. u -~ .. 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I:'~ -• ..._ ....,... a--~· _,... cw ••· ,~.,_ ,.,._ .. .,_,,.-....i.. --,......-4-.... ii~·-....,. _____ ,...... ___ .. -,........ 1 lilaw...illalllrf ......... :,:..-: I (a) lFll\.'VJlllSl1'(DEfA\..LT: (Qadl--.-y.) · f"' :.~;r · ·= ffisiiiili!. :Z:f.:ii '., :: ZS :+:_,,y S· a,..,. -+ llci) u.--.i o-.-. All ~ _. -.. " ...,. -..i ...,.,.,., .a 111 __.. ~ ~·.,-_. ...,.. • ....., • s,11s all IND,._. .W 1-fw lie....-6-......... .......,. II• apad • N ,-,_. aalll .... • ... • 1.kJ(IUA11JJ l)AMA<il.S llli 1c-. ., ....... ia ...._ (c)) • SE.WJl'S IOI.L AND ONI.Y ltEMEDY far •'.•·• lililift 1e ,.__ . ._ ...,._ ttlllilw. Saiilr ~·-........ ..... .... .. ............. (It) If 1£1.1.f.X UC IN l>O'AULT: ...,., ~ list • -* _, a ......_ ia __. -• -~ • *ilp ti(._ ,.... ......, ..a be ,.... _. ..,.. ..,. --i. ...... • _,. la ,..,., ar ...., a)'.-• -._ -•-. • WI .... • e&a _.a.,., ... -• tipr .. ..-patfuwww ar ....... • ..._ (c) COlff'I Al'IU CU't:NID. ......... tllC ~ .._ ~ ia 1111 •-fll aay Mi,.._ ar ......... -nl ... -. ........... _ ................... flll!l'._.._ ... ..,.... ...... _,, ... 1'. E.UlNESTMOPCEVDISPOTL Maw"f is -i, ........ ot dlil-. lti!oa' • s.:a. ..--. • • ,. .. • -,· -. ........ -_,. ... diiap fll ....... ~ ................... _. ...... ------~· ....... • • -~ ealll a.,p ttf ,..., ..., ar....,. 111M ml••.....-ti•-,.._ 1111 auy _.-........._•at -.-n • CNIIII •tan ·-and ......... ..,, ....,... Ill ............. my ...,. ........... I -"' ...,... j,lil6llla ..... ---......... a-.y r-. a ALTERNATIVCDISPtTD:USOL0110N:MEDL\'l'IDN.II' 1 dilfllllt 11i111 .... ••--._.it• IIIIMll. 1111 ..... m INMa\1) .. wo1 .. ii, oak .... (Dililtaal) DIii fiM ,,__ ia pod r.. ..... IIC --to ......._ Tl,c ~ wil jaill)o .,,_. • osq,ablc llllliialtW ad -a mie ...-11! iD IS -o! llldi ....._ la .. -11w -.,_ ii NI ......... "'111111, lllitl!f (JO) ~ olaya r....,, Ille clalc -.iiai aOliot .........,. ,.... is -~ -Dil,aa1 • .. o:llel(r). .,. ~ talna '*"'• ..-. _., ___ ,bis sa:aiaa .. n _ ._ ~ .._ •.,. --. .... •-..,.._ ll. ADDmONAL PROVISIONS: en-...... o! ... ldtlilitaal ,,_;.ita Ill, ...... ..,...... "> 1M Caloado Ra &ale c-->· l, Shou!d any ccr.!:ic<: arise bet ... en the ta:u of this •~rd cont~act form and the te:ll!S of the tY?ec ::."lar.9es and Para;rapil 2!, Adl!itic~a:. P:oVisiou, t :,e tel:IIIS cf tbe typed Changes and the Additional Provisions, Para;:aph ,1, shall cont:ol and aupersede ~• ccn~:ac~ fear.. ,. Seller shall ve:i!y in wri~g that to t.~e best of Selle:'1 knowl~dge, there has n:t been any haza:dous/toxic material or substance used or ci;.spoaed c: in, on, er about the property vacept chemicals leqa!!y and C"~st:r.narily taed :ui t~e pra~ice cf ta:=.in; fo.: c::op g.:owtl~. pest, or weed ccr.t:ol ar.c t!lat suc:h chemic:&!,; were iaed and c: app.ied .a.:.ng standard ag:icultu:al p:ac-..;.ce. 3. =~.is Contract is subject to Buyer's obtaini.~;. at auye:1 1 sole cost and expense, a P~.aae I t.~v~:cr.mental Auc.!t acceptaille to Buyer. c: c: ~e:cre Allguat :, 1,96. Sa~le:s shall cooparate in ~:1 ways w.:.til !uye:s during :.:iei: .:.:ves:iqationa i::clud.ing bu: not l!:.;.:ed :o and prcv~~ng access to the sw=~ec<; p.:c~er:y as requea:ed. ,t, '!'he in:ent of the Seller !.a to create a defe::ed .:..ike-lc.ind -c:hanf;• pe: lnte::ial Revenue eode Re~:a:ion No. l03l, Buyers a9ree to reasonal:lly coope:a:e with Salle: to •!!ee-: Se~le.:'• -~~han9e at no exposure. ccs: or liability to tb• Buyer arid Frovided no e!!ec: or. closi~; ciate. S, Th• Se!.le::s and Fara M-Realty are not obligated to pay any coa:d.uion u a result c! ':!'l.:.a :.:ar.aac-...:.on to Or.: I.and CGllpany. !"arm Home Realty sha.:.l be C0111pen1ated solely ::om :!le Sel:e: at the ::.me of cloa!.!iq. o::: ..anci c:o.pany ab&l: be co:11>9mated solely ::o~ t!ie !uye.: at the:~ of a suce .. aful closing. 6. T~:le :nsu:ance and cluain9 ae:vicea shall be ~~oVided ~y Tranana:ion Ti~le Inau:a~c• Colll?ar.y. :::. UCOMMENDATJONOFlZGALCOUNSEL ll~ · · i. ._ a.,. ..i War ............ ,.,. Wios c~ ,..-_ .... .._ ___ ~ ... c....-.._c, . ,,_,rm.,.-, :aswa WICMT I.ANDI' .... MO WHCCllfTWT ,0 IIUY MD l&L IIIU&. IITATI l'IUJIC-m OlrTIDJ _.._,_,.IISTf-llrW.... -1.ll'ICI.I), C.,,,,,.lleol'AST-"'--tN .. 1-.......... JIICC::c!L%ZDIG '~a,· ~ J OM, SALIS A&IOQ\TI. ORII LAND~""' ..,,.. ,..~-· ---.. • . .. I • 0 • ·, • • .. Uftial C.,-.• bis acl,;..d Ml .. --Ml ....... lopl c....-.a ..... R mfmf lne ....... a lik ... --- S lcp! ad• or-._. bcorw lialillJ lllis -1. ?l. TERMINATION. ic 111c -nil _, ia .......,._ 111 ~ • .... Ill ..... .....,.. .......... Ill ....... c .. ,._, ... 11c,..... of all ot.iipaoa, .....i. . ...,. • S--19. :U.. SELLI!IIGCOMPM'YBROKE&JlELATlOl'fSRIP. n. •llilll llftlllls, ·; !.fpd c;m:;u,v • • .....- .,. ............. , ... w.v ... •:..:: ... • • ._, • ..,a..,e,..n.:.,t,..._..,..,. __ ,,_..,,....--....,,,,,.--....,.~....,.---~~....,.....,,....,.~.,-----....,,.,----li-s ~ IIU ,-iooilly ddcload ill 'Miliaa IO .. 1111)19r !Ml lli&Na ........ -....... ..,.. ........ ,_, .,._, .. IOllor ~· :at-~·.--......... l5. l'ODCE '?O IRJYE&. ,.,.,. DOlica ID au,., ...... ..._ ... --.,,,. ll!oa .•. ~ tllit b'l!I ii ...... CJ ........ Iii!' -.~. 2'. !'fOTICE TO SELLER. NI! Doaicio 10 Wier .. lie daiw .......... lly ... Wt.,... c:..-,,. :1. MODIFICA 110N OF TB15 CON'lltACT. Ne ..._1 eefif nit Ii-, fll .. -" !lit -... • tllid ...... -111t C-.ia, r. .,,.,_ ... :IMII Nde in wriiag IIIC lip,ad II)• IM ....... • I • 0 • • • • • i ··--"-ac=,·;.;;,;; .;._ .,,;-.,;;;;;;_ i;,~;·;;;. ~.;. ...-i ..... -~ ·--.. · --.-· -··-- l, :9. "COTICE OF ACCEPTA.llfCE: COUNTERPAKTS. nil ....-a .. _,.. .a. .a;~• ...._ '°'!' ~ UII Soller . • • .. .... 11!· ,_ ..,.111_ ...,.. .. all 11w ~ .... >. --al -a, -...-C • • "-8 gt;a111,Y~i~ea.,.....ilt.,,;t_.Ht,1i;,,,. _____ ~ (,,_.... l>oulioa;. If_....._ M ....,_ 1h11 ~ • -.._ ... IN~-A 9P!' otf ---aty IC -..i .. • 1S1i -,. ~. _. wia ..ii """' • _. a_,,. llaNt ................. allll N liaaN • Is a W all _.. ---...... 1UYD · "5~ ~-<...at u '~ aft ay: c~ey of ...Lc~lecon Cicy of -1-~ Unlnon/En11~ Wane Water Tre~t Plat for tbe City of 111,1-.ood and the City of L!.ttlnon, 2900 S. Plane River Dr., 1n,1ewooc1. CO 80110 1111 ........ a.-1(~ rluo I 11 _. rl ... -..., .......... ii .... 1 • ... ~ ...._ ...... •t trip .......... ::M . .... ~ CIUI l.Ml1) CCIOAIIY 5040 Ac:cw. STUC' CDVD, CC 102ll :-·~ S,.... ~ OM l'aa: (3031 215-1256 .a;PS.-...1t-•1..11l1.1t1&P-----------------.alnLmaf&I------.Sit--.,....---.1 .. p.,10.,.l.._ __ MINa Cilr ... z. 162 -1216 Pllt•lfl ....... -· ........ ··-· I . • (. .. I . • • • ·, • .. ,. ............... ___ _...._................ ~ ... :a.r• WTI.MIHMIIIMDIUIIIGNWWT'ftlalUIIDaJ.11111.lll'UI "'I I m~ .._.._.....,,.,-,_ .. W.... V-.U111,1j. C:..,.lllll'MT.._ ....... .__ ......... IICCCO:.zmtz -... ., • "'1r:1 J. OM, ML.II AIIOCMTI. CM UND OfllllWff . ..,.._ ----.... .... .... __ .. ,.. ~,. .... • I· 0 ------------------------------,.---------------------------... • • <. - .. • EX1l1B1T "A" THISLEASE.il ____ _,..,...,_ the Cities of Englewood and Littl•on O,gdlprs:) · . --------------.,...-------------------!Ill'--• C:-aig J:aru·cr,mutl ... i-. I • 'IIWTTNISRT11111o, .... "-11111 ... ..,....,. ...... 1.-. .... fel!eoollll_..._.. ...... ~., Mm ..,.._., Colorado ,,..., Tne El/2 of S.ction 32 1 Townsbh 3 South. 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'.1.J-t...;.!../1'/~'~'-,i,f!ffl.tf./,iw,, / {i 11 ,111 111 ;.,.~r;.1,1;.· 1,w,,;,.; .• !I ~ ~ I~ lafl'J.J.•1• "';f lJ.f'('_;,,_,;_,,_' 1 1 I '1 · , / · !.' : : ·: 1 , , , : , , , , : , I 1 , 1 11 ; I I , , , I !, 1, /; , , , , /, / // , / , 1, ,•/I/I . j, .a-~ [ \\l'IC':::.•r(ht,r,,. .. 1"'~1 nru1ar tft!lll1M"1udt ;htl'tfural.Pd r11r 111rffl .. -~ .. liN.,.......1eall....... \J -;: f I 1, : ,1 .. , ICU< ,, .. f'<UIOC .... /,' ,:(~ ' ... of :;',"'"~ . " V ~ ' I I ..,. -• ·~ ' "'7" I I ! " / ,,~'· I i' -., II 11 .. S•e ?::~. Le:.~e AcidenJ1.::n aa:ic..&..ec h';;to and :.nc::i:-;,era~cc ~~~:n :r -,1 1 h aci ::~C'"\:il p :cd!i o~s o: this .1i::~ecc:it. I; ~":'twc r1o k:r-\,"f 1-:,· "'..-:: Sl ·--., M r:2:: -'t°11 ~.~'\fl'I-L .. -.. -.. .. .. .. . ·-. ·-. ~ ~ -. ... --.. • I • 0 • • • As ~sed !le:-e:.:i, :!le :e.-:n •Lease• i:cl~des e!iat :t.ease bet-.:: t.!w C:..:ies o! Li::le:o: and Englewood and ~•:-:Y a::d Eva era!;, com:nenci:ig Ncvem:,er 30, 1997, and ~s Adc'!enc'mn ~o ::=a:.; :.ease caud cf even ate :he:-a1-"i~. l. Option tc Ext:11:ld !.ease: T~ mav e!ec: :o ex:e=d :!us :.eue for one period, u.,cn :he ezp::... ... d.cm of i:s i:i:ial :e--.n, provided :!lat :!l.is Lease is t.lum i::l f-.;!l force &:d e::ec: a:d '!'e:an: has f-~ly pe~o:med all of :..'"!e tenis and :ondi:icms o: ~s Lease. T!le ex:cdad tL.-zn ah&ll be upon :he sua terms and condi:ions as imder :he ini:ial tL-m of :he Lease exc:apc :!lat: al e!i:.s ex:e:sicm clmµ.e sh&il :iot apply :o :he ext.ended :er.n, and bl t!le nntal shall be the ;=eater of eiuier t!le rent&! amount lmdc t!le .~tial te:!:m er t.!le !air re:tal value o! :!le demised premises at t!le ::.me c! exer:ise of ~s ext£Sio:c.. :'he ":'ena:: may e=e= :he :e::m of ~s Lease !or one adci:.t:.o:ial tL--.n S vea.., bv cir..:ig wr:.::en nctice Of rcew&l llC :.a:e: ~ 30 da;•s prior ;O the expi:ation o: :he :.r.:.::.&l I.ease :e::n. ~ore is reqiureci ~= ~~=st ;rcvide wri::en nc:ice to~~~. wi~t.i~ 60 days p:-ic:r to :!le expiraticn c! t!le :..:utia.l Lease t~:m. t.ha: t:1e Tenant may elect :o exe:cise t:.!s ex-;e::sicn l,y :he al)ove- :-e!e:-enced de&C!.:e. A:.l vri::en noticea shall :be sent l:)y ;ee"s;e-es, mai.l to t:Ae !ollowi:lg add:'esses: To Tenant: To Lanc!lo:rc: :er:y cc £'\""a C:a!.; 77201 E. li!.wav 36 !yers, C:lorado 80103 Mm:aoe= :.i::ieto:c.-Z:lelewo~ Was:e ~ater T:"ea::an: i:.a::.: 2900 SQ\;Ul Pla::e River :Or:.ve Englewood. c, 10:10 2 . ~ore! w:.:l not negl:.ge::::y cause any ac~ or ~rac:ice :~at wo~l~ viola:e a..-y :ece:al, s:a:e or loc~ laws, :ules, =•:~laticns er or~!.nances ~tare :ow~ e!:ec: er mav be e!l&e:ef! re:a:i.ns :o t~• demisef! ~remises. • I· 0 1 a2xl l • • ,,ii • • f) . ,., .. , ., ~ I 11 I . J, Y. Mtl " .... . L Di IL .-:·· I !,1 0 Tr~·[:;-•-- ---· I '\ I~ 11 ~7\-.-.:.;··~""~-:,__-1-+----"'!',-1 , · . .... -·--• I I . ·-·-...... _ .'.:.'rf't-· .A.den~<> . ood;~ n 19 SITE /: ,:t P ;,J JI O f /I .-"} ,/,f f ViCINITY MAP _,,_, -(NO SCALE)~ . c..;. r , II )'. I ~: 11• I .,< u •Ii .,.. I .-J r I 0 -; • • . • ,. - LITTLETON/ ENGLEWOOD FARM PROPOSED FARM AQUISmON .. I . C • '"' 1. 2. 3. 4. 5. • • (. AGENDA FOR lliE REGULAR MEETING OF lliE ENGLEWOOD Cl"IY COONCIL AUOOST 19, 1996 7:30 P.M. Calltoorder. '7:~f ~ Invocation. w '1~ Pledge of Allegiance. ~ Roll Call. fJ~ Minutes. ' . . ' hr),,J !IJ-tJ -I a) Min~ from the August 5, 1996, Regular Oty Council Meeting.~1hur», "ir7:AS»-#1AJ: l)o!Jl~ ,·~ 'ffl' t;(Ji/,tA ~h' II~ ti!" Augu,t 120 l996. 5pec:1111 City Councll Mee*,g. ~ 6. Pre-Scheduled . (Please lmlt your JM.:seutation to ten minutes.) • 7. 8. 9. a) Ms. Karen Floyd from the Englewood Jaycees wlD present the proceeds from the Dunk Tank at the Fourth of July Family Festival and Arft,orks. 1 (;$!- No~uled Visitors. (Please lmlt your pn.sa itation to five minutes.) Communications. Prodamations. and Appollitrnads. I . 0 -------------------c.,------------------------- • Oty Council Agenda August 16, 1993 • t~ • Page2 !A~lJ>/J /() a_ 1, 10. Consent ~e~d?f ---~ a) Approve on fl~ ~I /.J--ILN)JfJ-0 ~mendation from the Department of Public Works to adopt -, f ,(!Jl1J'i,~ii"ior an ordinance approving a storm sewer line and surface , drainage easement at 4841 South Upan Street Staff Source (J,O r1n 4\ ~-a.ales l!wt&ly, Blrec:M ur.PIIMk W--i>/Ll-!NtllGII ~L -r'f HJ,--~ / I i// '6-/V . i) Reco mendation from ~t of Public Works to ~ approve, by motion, the purchase of a Natural Gas Compressor. 11. Staff recommends awarding the bid to the lowest technically acceptable bidder, Nlllnl Fuels Corporalion, in the amount of $44,985. Staff Soarce: Cblldea Estedy, Director Public WOlb. iii) Recommendation from the Department of Public Works to approve, by motion, the repair of the roof at the Englewood Recreation Center. Staff recommends awarding the bid to the lowest acc:eptable bidder, ~ M I ... -., In the amount of $67,434. Staff Soarce: Cblldea Estedy, Dilec:tw of Publk: Worb. IY) Recommendation from ~ Election Commission to approve a bill for an ordinance approving an intergovernmental agreement with Arapahoe County for the NCMmber 5, 1996, coordinated election. Stall Soarce: Lou EUia, ~ a-. b) Approve ~d reeding. Ordinances, ~. and Motions. Recommendation from the Department of Safety SeNices to adopt a bill for an ordinance approving the Animal Shelter Agreement Stall Soace: ~~/1,~M, Opauallcau Bltllllua C'Mwf. / ~ ·---- • .. I . aty Coancil Agenda Auguat 16, 1993 Pap3 • • Appro,eoo~~ /I Ir! 'fr I I I) Council BID No. 37, approving an lntergovemment.al Agreement with the aty of Sheridan for paving Clay Street near the Englewood ft\.inlq>al Oolf Course, H) Council BID No. 39 concerning the purchase of a farmsite for beneftdal use of the Utdeton/Englewo Wastewater Treatment Plant Biosollds Management Program. 12. General Discussion. 13. Mayor's 01oic:e. 14. Council Members' Choice. 15. Qty Manager's Report. 16. Qty Attorney's Report. ~~ The following nmutes wen! trmsnllled 11D Councl: Housing Authority rnhJtes of June 26, 1996. Pubic Ll>rary Board mh.des of July 9, 1996. Planning and Zonng Commission mk1utes of July 16, 1996. .,------ • . .. I . I ~-~------.,----------- • • I. l!i)j_ to~ 1):3( ~-~~ . }. ~ Alb~"-~ t/: 1<411411 ·. 5;..)&,(-~ ~~ 6---o-l~ -o~ . Djae.1.,. {~...;,. ~.IIJHL/p-0-/(ffll; ·---. ' ..... . • . . . . I. • - • ' ' . ' ' . . . • • < • • t . . . ' •. 0 .. • .. 0 I . • u - CORRECTION Tr!E PFiECED!/1/G C CC:J,WE:1/T OR ELA NK FRA ,WE !-:AS EE=:V fiE,vf!C.ROFi UTE:J -o ASSURE LEG!EI LITY AND ITS //WA GE A?.C~,;s !MiWEDIA TE!. y HERE-!.rTE.::;, . . 0 I• - . . I . 0 I i • ...... . • «~ ·, • '· ~----' . • .... . . . , '· •. . . . .; I . . ' . . ' • ·, - .. .. .. . ~-hp6,v~~~~ f-~ r l)f~-Jzuip:i-YW- /171 hW-~ ~~/A._ . . I . ' • -~,....-------. ' ' 0 ·, . .. . ' • .. •. . . . "' I . 0 ' . 0 t• ·, •. . ' . . lllfr§:M W/~ ~~ . j()t1b1% All-- .. ~~~-. )/).,..,,t~- ~?f ~~ •· . ! I '--------. • , . - .. . . . I . ' . • ' . ' ' • -~----------:------....- • • <. .. SEPTEMBER 3, 1996 REGULAR CITY COUNCIL MEETING .. • .. 0