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Home My WebLink About1996-01-15 (Regular) Meeting Agenda• "' - ' ' -• • ·, • • .. " • 0 January 15, 1996 • REGULAR CITY COUNCIL MEETING ORDINANCE # 3, 4, 5, 6, 7, 8, 9, 10 I. • 0 • f 32 x l - / • • t• - ... ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO J....-yt!l,1"6 1. CllteO'*" The regular mceciDg oCdle Englewood City Couacil -called to anler by Mayaa-Burm It 7 :34 p.m. 2. ..___ The ilMICllioB -pa by Couacil Member WigiM. 3. The Pled,c o( AUegianc,e -led by Mayor Burm. 4. ltalCall Praml: Council Mcmben Haduiway, Clapp, Wiggins, Habenicht. VormiUq. W....-,, Burm Allleal: None A quorum -plaelll. AIIII praent: City Mau,er Clark City AIIOnley Bn1maaa Allilfalll to die City ~ Glace City Oat Ellil C-n•ily c-dialtor Slia, Neipborbood Md BusiDell Dewkp I DilllCIOr Bid. Plrb .... Recnldaa OolfNaaa,s ...... 5 ...... (a) COUNCll. MEDU HATHAWAY 110\IED, AN1t IT WAS 51:CONDD, TO Al'nOVE TBE MINUTES OF TIii: UGUI.Aa IIU1'ING OF JANIJAaY 2, 1"6. Ayes : Council Mclllben Hadiaway, Voraiaaa, Wiaia, Habeaic:lit, w.....,, Clapp. ..... Nays : None 6 . Sc:lrrt IN VWten <•> ~ oldie Ga1eway Baaaed w-·• SlaellCr Md Courthola Iac. llXlqlled Cllllbibulicm rr-die Mayor• n,c:ipieal orpaizaeiw ol Aid to Oda A,-:iea fimdia&. Mayol' Burm 111111d 11111 c:mribll1iw to Mella CID Wlloels Md die r.er-Flidl Tllk Fon:e will be -ID diem. ' . . .... •. • • 0 f ~xi - • E•&n'OCMI City C:-U Juuary 15, 1996 Pqe2 • 0 • "' - (b) Ann Nabholz, 2990 Soutb Delaware SUed, lpCMing oa bellalf ol-coocrmcd citizens from ber neighborhood. llaled Ibey aR -,IICld willl day labor employment qencia and, in particular, Standby Pcnonnel. She noccd Standby l'aDlncl is located oo the aner ol Bales and Broadway. Ms . Nabbolz QQIDmeafed lbal, a they lllldenlud dlll Council Member Hathaway is an employee ol Standby Pcnonnel, they will expcct lhal Ille will lllltain from aay input or wtc oo this issue to pn,clude any appearancc ol a a,aOict ol illlerell. Ml. Nabbolz said lhal the Englewood police will testify that Standby ~ is a public nuisance. She ltated that the police c:aUs aJll each taxpayer money and divat the police -from -important lllllltal. The people, she llaled, in the amt UOUlld Slaadby have beca ciled for pubic drinking, drugging. urinating in public and loilering. Hypodermic .allcs have beca found in the allcy and llnlCt aruuncl Slaadby Paumd. She aJDtcnded that Standby PaDmd UI made DO dfon 10 a,m,c;( this litualioa. Ms. Nabbolz cxprcwd hope that, as a rault olM. D. Drug's bearing before the Liquor l...iccuin& Audlority IMl Wcdaclday llighl, it will all clown OIi the prol,lem widt bypodcrmic needles. Ms. Nabbolz aid this -~ 10 the City's dforll 10 upgrade this amt • the City is looking .. promoliDg buli.a and smtalizing Cindcrdla City. She -inginecl that Sundby is a nwignaacy, that it kills growth and CIOIIIDUlity dadopmeot. Ms. Nabholz pointed out that there aR two day labor busillCIICI in a ooc block radius . She uked Council what young family would willingly CXJIOllC their cbildral 10 the type ola..-envirooment that Sundby crates. Ms. Nabllolz llalcd that to ber knowledge the City bu no clalabac for tracking busiDC'SP'!i, as there is DO "bulinesl liccaac." She said she feels it is lime 10 muit the~ liceuc ilalc, but with c:araul wording. tighter guidelina and a minimum fee . She llalal this can al111 be • plus for busiDCIICI as they would have acc:ess to each odier. Ms. Nabllolz commented that the time is right for rmtalizatioo al Englewood, but we llllllil look aa existing axles and onliam:a and update them. We IIIUll have, she ltated, clear standards ol axles and ordimDCC1 to guide us through our rmtalizatioo. She noccd that a NCClll poll lilalcd that ooc in fiw do not 111111 penllDClll. She aid we can ~ to roll along with a few officials making decisiool for us, or we can be a llrOllg link ol paDIIIClll, buli.a and cilimls workiDg IOplhc:r for a ..rcr, cleaner and more ~ Englcwood. She inlillcd lhal we .... listat to die CIOIIIDUlity and dc\'elop an undcnlaDdiDg ol our ~ wbicll will pnpue 111 for a pcllitM diaqc. Ms. Nabbolz CODCluded by llaUDg dill Eqlcwood raidmll expcct ialeality ill flMOIIIIClll, dliectM comn•nic:atioa, 11n111g Cllbmllclll o{ lnl l!lld anli-. • wdl • taxa kept low by wile 1111d c:araul spending policies. Ms . Nabbolz uked what in a code or ordinance llOl!ll.ituta I public auisancc. She added Iha( she appRICialcd Camcil 'S aacalioll 10 this IUllcr. 7. N• 1rtddr•VW1en (a) Bcay Lou Acker, 3140 South Delaware SUed, llaed she is awwe ol the prublems in the amt IRIUDd tbe day labor bulin as she UI I fricad lhal ma in the 2600 block o{ Soulb Cherokee . Ms. Acker said dill -from thcac hHsinm sleep in the yard .. tl!c IIIUth ClOfllCI o{ West Yale A- and South Chcrokec Street 1111d they have their bypoclcrmic .... a11-tl!c place. She ...... she is apiall that killd of busima right there OD Broadway, thll they ll!ould be localed i.a U indullrial aRa. Ms . Acker said that when you ID by the men aR banging out d!Cle ud it rally looks like a slum. She frcll lhal is detrimental 10 the City. (h) Shirley Eucr, 2912 South Dclawuc Stred, llaed Ille a.. ud ~ with transicats a,ming clown through her allcy, dumping trub out o{her p,bap acks ... takia, tl!c acb. Ms. Eucr advilcd dill when she .... him wbcR lie Cl8C from l!c llid ~ .... dill they did .. U\'C wart., be -CIOllcctiq Clllll. She aid lie became foul -.tl!ed, nadc .... obnoxiw. Sl!c cxprcwd «-lCla .. .... ' ...... I· • 0 • • ~ -~~ ~-._ ~ / l • . ) 0 1}!(} l!i[IJ(J'Jl 1 J'f 1 'Jf"!f!Jf(f 11ff iJf lj Ii {ff l1!li 8 fi!('1111-!Jt~tl,!1tarfl;1t1s,Js 1111 I[f 8 fi ff ~~ 1 ! t" i • -t 11 . -t • i =. . t · !! I l · 1 11 t I !" f!f~r Jf'Jf;irJiJ1!Jilr1!•,:l:1 1.li'!r lf![ IJ! rJ ii J1q1 "a..· 1fr.f,1 .. ,1-lw,t . . t I lfsi f (I ~1111(•l11rrl~1!1t1 1•~1!: 11 ·, ··,11 I }1 (11 ll 1 1f 1· 1u1 h ,1f ,, ~,I f1 111. • ~ .. ~ . t;• t rf .1rl' -.1 tfJlsll lhtrf t 1 !I • • . ' • I r I . • • 1r. . -• • • ... ••al!ffl?N Clly c-11 J-,y ts. 1"6 ... , (f) Jo,ce C-, 11962 Ball Maple A,,_,~._ ........... •c:a iato ee.,-..sAx1e11rnipllir. w.11ie1 1 -................ _. _ _,.,_,. .,..... llelllrilll•i..*WllllllllilllelDlil..SIDl*•S1112M11Jday•diewiadow. MI.C.-, ..... ,_ ............... 1957. w.. ............... J ... _ ... ,_if_ ... _,_____ ..... ,..._..., ............ ..., wil.-adlday. M1.C.-....aS1112* .. ilWlllllllllclllllMIIICCilyafP .. ,alDtaeiato __. ............. 11 i w11Dlme111111bd ... ..Slilld1D ... P ......... iadie fan6la. SIie llid Slll2 ... ila ........ (I) Mic Griller, 2195 Sallldl 8-1* ..._._ ... *ii ripl• lllllcarasafllllm A~ wllic:II ildimlyt.llldl .. aflilallly......_M. D. J>nsSIIIII..Sdiealllll' • • ... Cina' ....................... ,.. ........... _ .... ••• MLGrilllr....a*.._....ilwaaar,.._P .. _. ___ ....,, ii ?le' willljlllla-.aeaf •*-· SIie a GS1112* ...... w.ca1111iepo1a., .., ,__ ia ........... it ·--afdiehwi ...... __ Sllellid .. is..,.. Slll2ilila EI siteaf,._._ .. ._.,. .,._ .... ._,...._.cwlaa ........ ., ................. ,.. ...... ilw .. S1112wafdiele--- ..... 91)'1DladtCMra•yanladeiSEiar91)'1Dpaeaf•Elilll• .............. Ml. GriSSlr ....... _ • ..,...,.._ .... ..__ ._..,. ................ ., ..... .. _. ........ ..., ......... -* ................................. ..... SIie llid * ..._ dlla _. llllpll dley 1112 ML SIie aitF Slll2 Slll2cana' ilaFID-,.liad carasllr aiddlal. ML Gri22lr 12121111 Slll2 ii ......... ii •cEaae-. .._ .. at,afP .. , • ..:, Nice Dqa-. Code&IP C .,.,.__ ..... IDlleilMIMd, ...... ilp1111Dw•* «-EM.__, .... . ,,.._. ..... _ * t lr1'¥i11San. w.,.a... ...... _,_1irnlllir--•·11. He ....... c-a ............. c ................ ..... I. cic--1111· :a· .. ' •Pr• I Ph • AH I 7 (a) COUNCIL IRNMll llA111AWAY IIOVD,ANa ff WAI 1KON9D, 10 ACCD"l'wnBasGDTIOLAY'lunDCWllalCaAnDlfnDll'IDWA'l'DAN9 SEWDIIOAD. C-8....._Hldlaway.,......,.•MLl.aJ'1rnw 71 ._ .. ..,._.._..._. • ...... ..,,.. .... ..,, ......... ii .......................... . MlplElae c.-y. Maniaacanild. A,-: C-=il....._lfldlaMlr, Va i 1, ..... HII it w ... , ,.a..,.a... Nays: Nia .............. C.-:I ....... Jol.aylir ..... ,-.f!I ................ .... • 1'1'4 I a , ..... _,-iniaawinlidlCNlpllmC...,CC.•..._,,oam. 9. • • 0 , • ,. -• • • (a) COUNCIL NDDER IIATBAWAY MOVED,AND rr WAS SECONDED, TO onN 'l1R PU9UC 11ua1NG TO GA11Rll Cl'l1UN INPIIT ON '11R PIIOl'OSD aUllT l'IANND DEVU.OPIDNT. A,ea: Cwil Meabcn Hadlaway. Voraialrl. w--. llabeaic:lll. w..,....Cllpp..._ Nays: Ncae Modoe carried ... die palllic: llmrillg apcaed. All...., _pa llllllerClldL Ownmity c.oan1i1111Gr SSist IIIIDII 11111 die ............ Da It s •e.t • Bn..awlly w COllliclcnld by die l'lwlilla aad lAlllilll C . .l'P • twD ....-occeeilw, Omk 17. 1995 Md Noe. I 7, 1995. As die Nowaer 7, 1995 ...... die ....... Ca e • 1c1 ipllllM' widt--acxwliSiew TIie clle4i:Nw-llllldlel I rarc•--,1Dn:8ac:t 10%afdleeanile 1i1e -miw SIie lllldel. I p4k parniaa •_,_.ill die a plw. 1'llae ii a parniaa so die 111117h ad WC17 afdle liSe dlll ii ill die 100 ,_. ..... pllia afBis Illy C.. Md ii• del. I pllk AIID, she '4Nlllaplly ii ac:11 des il ..:.t ... lie lllle ID lie ad... TIie ,._. 0a rl 1 7 iaclada lMIII e11&r:11a---. wafwllic:II ii die ...._ala...., .... a ,-IIOadlada"" wCMNeiagcieaer ..... wllida. He ... 11111 die 6-af...., _,. .. ._ ., .......... 11111 it ..... die City'1 ....... palicylllll11Ddy .... .._...._.widtca C I ¢1J _......,.... A thlc ....... ...... trllDdy ............. _ ..... 2.r-DilSrid. Mr. SSist ....... 11111:r.e _ __....., .......... ......, ..... __ 5 ...... ,._._dley ... ....,......_ .. He....,11111:r.eaae...:-cac r 1·, .._...,_,,..leveW IIDdy ... Md auno Nplirfadlisill • • amdlilry a¥iGc eodllir-aad -:ca..._ Mr. SSist IIIIDII 11111 :r.e ii.,., a,--. ill dle.....,Da It n llrdle+elNniteaf...a ..... ia 11111......,11111a.tCIWSnlll•dleWCl71ideafs..dl ........,. TIie....,,..., _ .. . ...., 11e1:,ra, sad 'leexplaiMd 1111111111 .... _.. .. dect die mma a-dlll 1n1 ilMlhed widt ,,._ pil1icalal' ............. alap 7 may --ill• U.. ........ b ..... •dlecmdinmaf,,._.__.dle~afdlea.tC I ¢if eo.....-cwhwilelD-af ,,._ ,-. He llid 11111 dleclamap n allD __... 4,000 ........ ..,.. •• cxiltias ISlmlnlllllwilllie•dlcir............. • ....... Mr. SSist .............. . ....... ,-•;,;,,;•11111 ................... .......,. He ............... ... pliallloadtil......,_......, .... ,.. ... t al I ·: • .....,. Tllepr--, ..... will ••lhecasdlll_....,.. ... .....,,.. ,._.cas•dllirt r liz ISil• .......... availlllle .............. Mr. SSist ........ ,.. ...... il ....... if Cwil•aayapecik ............... lhedec Ir ......... will*5arl0dlaa. He ......._. llllllhe ....... C1 .. e • C C IOCity c-:il..,_.,afShil ...... Pl-4 Da ·, Ma,-Blnl llbd.., die c,l'lldilMW • nlie • t Siwe Mr. SSist IIIIDII 71112 nlie ,,__, Dar't ·-"" 1 t•....-.rwidtdle...._.ca «··-· I) nlie appticla...,, amply widt ...... ...._ I I z 1• ..-• I.GIi A.Bad C, _...,, 1111110%afnlie del.11 z II ,., _...,, lie I I ¥*1, widt • ... 50%afdlel 1 ........ _....,, .. '°".,,.. ....... t .... ...,, .. ia ,_, af Siie ,_, lllliWill lillc; .. 2) ,.._....,.., ............ _ ...... _,_ ..... _ ... ....... TllewllDdy_,ad,_ ........................ Cl I -- Mr. SniSS ....... dlll,adlellDdy_,_.,.., .... _illnk ...... afdle• If s nlie ,....ca ._.._.,....lllllianliecwanlllllnlie.....,Da I I ·w•cmW• I . • 0 '32xl • I .... ~ N 0 1Jll1 1 ~I Jf!!ltitii' l!1il!f!l:ftJli !II J!r ill 1!f 1 :Jrf I l1 H:•J 1 1 i!f ! 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"){ ... • .. I • ( • I ~·-... - '-. . • J t1~,;~111 1 1tllt!' illl,ll!ifflllll!'llllllll1'' J~lfl !If 2t~l-~r1~ ,,~~-1 Jo&~l1,r.,,1,.,.1f.,!1 ... r_f !t ~ ii 11lfff;fllliilii 1i!!lfi!Jfl1 1il 1 1:tijf!1 1!!~111111111 i tt1h1f ~H111''1.1,~r h!r1J1 11 1i! H .:1,J11 i Uh iii. 1,u (if a.t • a.~ a. f ( ((ll'f I f ftl ·f. ."'· 1r~,1J,11,,1 111r Jrr11wlf~l•,Ji·IJ't''•IJ,~l. J ll.1: 1r• r r .1 1,;it.1 r ·1 a. I 1J1.1 · ·r ·a.1.rif a:~11 a., ·at •• .. .. If .a. . .ws. ,~ ti a. •. Ir: 'I' 1 tf I w I· . i a If If, If l I. r · 11 If 1:i~!ltfllri~rfi ff1{1I J!JJJffJifJ~tlr'~.f fr[~ r Iii I '1·1·• ·it I: 1t1rs ,.. . I l~s 1111, ·e-,~ .,.· {H f I •. , 1• rt . :J r. i •· ! · , ·Ia 1 • J if 1 ~ r 1 ',r's 11•• :: "'lJ:s 11 jl·g~'' !if~J''l' i I t!jt -111 I 'll lifi~! a.~R • • 0 • I F I O . • • ~ • '( I ... i,ili Ji 1'l!•,~ilt;1· 1!111', fif,IJf:Illi 111;ti lf!~il. !llf !If f If . ;·? : , , J .f ,• 1•: I_ r 11 11' r If 111 J111 r 1 , t If i r Ii ji .ra.-11 S. _ .11~-_, ... ,. 'l.-11"~ i. i !Jwf JI Jf?:~!•',~fitJ~}8 ~i~ 1 1iliii1jJ t1Ji:l~i ftlli J'1i'1· ir r lf !ll''i lj-r' · . .. 1 1 li · J t fl f 11:, • If~ '1 1 1 l~ li1·J1~~lti t,11~1 11 1,1!!1• ;,fJiJ ~1 1iJ Ifi ' ,,~ J I . ifa~ ·. 11 i l I I is 1 f 11 ~1' i~,~111'11111,r rii,1l,[i1t 111111 1·111 !'I . ft . ! . . : •· r 111 IJ l, l f i I a; 8 l l . I . t 1: I ii-a: 1 I . .,., . lrl rli11 ,, • . -.J'J'h iftt flf/ ·11 . rt~ 1 ~~1•Jr•l-itl11 fil1!sJ1~~ ~~frP lfl• ,·1 f '11' I '1'f IJ-lf l I: ,,,it ;~;1 1 r1r1: 1a=t! !if. l .1 s~ r I II a. ![ 1t Ir • • • 0 • I I O . • 'r "' • • • • 0 l~ • wc11k • die Claevnild tacilily, but die old Taqct building is 'Wberc they llaR all al ta.. plltl. He cxplaia they IMC diem lhcR for._ -, they .-1 to be cxialnllled ID they~ wbal they ~ and they need to be pnllirdCd beclUle if left oullidc the value .. wry quietly. Council Member Vormiaag uked wbal they clo with die jUllk plltS. Mr. Markavidt llalDd dae me picked up twice • woc:k . Council Member Hadlaway albd wllcre dlcy lit IUllil picked up twice • Mek. Mr. Martovicll amweral they will pniblbly lit ript bellind die buildillg. He poiaed GIil die -. to Council, -the clrniDg. He aid they lit in • metal bin and die tram uucb-* righl up to il Council Member Hadlaway poillllrd out thal tllcR is llill -tangible value ID diem ill sa:ycliDg. Mr. Markovich llaled dial they ~ full lteel n,11-away RIC)'diag Ilia -die ..... c:-:il Meabcr 1111 C . ck uked if tilcR Im beca aay illdalioa aldle tnffic Ulll*l tllcre mipl be widl tnffic .... -* ...... -die ..... c:c.mcil Meabcr llldlaMy ....... if it will be.., -tllla n11 tllcre is-· Mr. Marlrovicll did aal id it ii ...... Ille a ...... He aid dial prior ID die peaple wit11 die ..... yanl bcillg ill tllcre it -Bult'• fill:ilily far........ He adviled 11111 they 111M -aldle .... palll depu1aallS in the UailDII 8111m aad ID die-altnffic dial it aealDd .. pnay ~ .......... dlcy need to·-· CGWil ..... Hadlaway lllbd ifdle cin:ulator traffic aliec oeditioeal CSI .... mm the Bun ......-•die_. side_, dlil facility and badt CMr will be W1llllly die-as it is-· SIie aid dlcy-etiti1 · , .,.._ID...., can a day-. it is aal .-. ID iac:nllle lignificutly to~ a tnffic illpal. far Cllaaple. die traOic liglil .. Cmennill ... 8-dwlly. Mr. Markovidl agaeal. CGW:il Meabcr HallCllic:lll .... thal GIie al the tbillp dial * Ian rn. peaple ill the cc laity is dial we 111M ID wy c:ar lall ill Eaglcwood dial wllal we lallly need is I-MIi. AIIII ~ apill. ae Cl C 1 •-wiaadlerq,lir:: : Sal1 ....... witllcan. Slle.....,_ifBultlmpmaay ....... to iacludilll a _.. withill tlleir de\ :I l C far tlleir CWS wl employees or llelpiltg ID WIF dllls. Mr . Malbvida l9alDII dlcy are lMIII it Cl • I ..._ A. J. Gmella, Va,__.. aad Gea:ral ..._., ala.t Cllemllcl, waaed c-il to kaow dial dlcy are .. die w..,. ..a 11icy aye 11eca IUpplll1iaa cc ty d¥iticll ill the Cisy al&tpwood ma 1939. He aid they IUIYC .--foatball .....-, ....... die Driw:r'1 F.ducaSioa pn111am 1iDce 1950, .. · t · 1cssaadas Ille• ... ,--dlcytoatca...ahldlll--. Mr. Quella adviled dll9 Bun Ocvlald l9IIIDd ia 1939 ia a lialc bllildillt • 3300 s.11 Bnlldway widl a._ car .,.._ aaor ..a a,..._.~......-. 111ey 1111111111-amcea•dle ....• a1dle 1111i111iaa as dley .. '*-ID die IMt's. Darilli die IM7°IMI liae ..... dlcy Wis a~ .,._. dlewall.iacola ..a Floyd willl a llOdy .. ill dlelllck. la 1946 a.n ~ --.I a 1946 Cllemllel ID lie am.I fllfby die Cily al~ ID pll)' far a 11 I I e. He l9alDII dll9 by die ealy 1960'1 dlcy ~ dlcy .... IIIM ID pow. la 1963 a.t 19111Dd ID~ ID die panlCI al ladal C ·,e aad ......,, _, dlcy ..aiml 11111 tte, wae m illdleCilyal~ He paiaed Cll9 .... dlll liae , .. nmt.., welll ID Belleview. He apllialll 11111 Mr. a.n .... - build_.. it W ia F atvr DOd aad ID Ille_. ID die F ......... CGWil aad lllbd dill dial-be _... ID Fapwoad. Mr. OIIUlella aid Ille DOWS dll9 -aldle peaple did aa1 lite it, 111119 die .---uve beca pnay .-dill uve CClllle fnllD Bnlakrillae, T ... .._ it w tllcre ud die Bult e.rpri1:1. He aid tllls Bult is a c-ria1 On DiYiliaa, wllicll ii a -dMliaa al Gea:ra1 .._.. daiped far die....., ...... aye -dlla Im uaitl. He apllialll dll9 pan aldle l9IIIClule ill fiulls will be ccamaaal --aediua cliisy tncb. He aalDII dll9 al ~'JO aad 1-25 Geaeral .._..Ima 11i11C11eea acse caaplex ._ dlcy ase .-. to build Ctewalel, Bllk:t, 081 4lilc PCIDbal: w1 GMC .......... Mr. OIIUlella l9alDII tllls far a.t ID l9ay QIIIIIISilM llley lalie ID lalie -ID puw wl dlcy c1o m waa ID llllleS die !llllin ID olberlllldy-,. ia ua.. _. Aawa. Ttemrna INldy., a. pcllled ....... al die LitSldaa lelidalsl ia a.ct altlleir .. ..., do -wwk tlleir INldy .. *' ..... I . • 0 ' 2X • I " .... ~ I\) 0 lifJ 91~iJlJi J'llf J~ lf.•:i rrl,~lfii f''i 111r.111 lff , =· r. 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' . , ~ • ( • I • ~ \.. . • ,J 0 l'tll·'fflf'1i ll!lf JlllflA 1~lflJ~i 1fl(l :I [l{9 tt!I~ !ff la:1l 1Jl1}!1 HJrr IJI-JJ 1lf l1 l 1r ,(1 !f ,J ! 11 1).11,JJ l: li!"Hiht,J~ !"Lt! r • .-rhh~tlh!hf.h df 1~1!H 1( ,1·.e·-11w1 ~lif1~i 11iti1~ ijil ,,~,-1~1:1ili!1~11 i~1lli!; ir,~r,l1t1! a.,,~ .,,~1 1.1;1 •• i,r1·t~,1 !"--'11·1 ~I ,~11~ 11. u.!, i:U 111~,uu i 1 ,:la(Pi : i t. l' ·f'iti•fiJiJ lf!1 J•l1'•11Jt!11 J1r111lill ti{flJii' s.rlt ~11rl•1 I ,I ill '1 s~,,1,,,, f''I 118 1•s1I J.•lffst 1•l · lJ~ I It .ftf J5ff(I · 11· 11 1. (jli· . fr I 111 '1. ,•, . Ir i ~ J a : Ir I JI i .•• f I I I I . ~ ~-p; I f tl r ---. Iii litf fif[I sf_ ,...of --·• g I! a. a.:::!f lc:.f - •1 11 l · • , · I .. Ir · fJf f· f · if! ~l .. ~G:, I ! g.n~ Ii.ff I i Ii, a · • l f S J · f · f] f f j · If I~ I=· • I: I:} 1· i : •· 1j: I· I· t I ' . :J : r If ii• 1 J. '1· 1· Ir fa·; ii: i 111 J" ! l 1 " ii • -. · . · • 1' . I ft a.I R' ! • • • J I O . • J ~ , • .. I - • • • ''" ..... Clay c..a J.....,1S.1'M ... " C.-:il ..... w_.. .......... Cily1Dlam•-wa,1D11tdlc..,.a nllideElliadle -ilMlhed, ._;. ,alfen. ID luM lllil ........ a falEily rd - C.-:il ..... WigiEI .... Cily Maraeylllaa-if, .... 11aw. 90d,y .......... c:i-, wera-dlc C W ..... INMeifdlcCilyil-lllil&lllwidlavm ....... Mr. illaa- advillll ... dlcy ralle 1..-.1 willllllll~ Cwil ..... W ........... ildlcGDFllactralll.................. SifbadtpFllicE lie ....... • die •ollhe,-s• ildlcy luM ID nllid it. Cily A1llney ..._ ...S Slllil ii a ..... • .. ,._ ...................... iS. ..... did .. kmwiflll .... 1+ ...... He llill it will 1111 llf ID ....... pailll• ..., .. 111i1'1 it IDn-:il. ... W ......... if ....... 1111 ..... lldlclli I Sillllf ................ i Swea,y ...... -. .,.._..._, • cc I SMIIJ,--. ... :llilwwewdydlc- r.ll*Wlllllls_.•did•liw ... ,__.ID-,--. lie a C fdlll ... il , ¢iEI Cwil ra• illlhe,-.11111 dlcydo • ... • llllil1 is iEID SlleCIDllllac:t. C.-:il Mlallel" w ........... 11 ..................... ifdlly .... llnz .. CilylD nllid it ill tiw,-n. Cily ~...__... ..... Cily_. .............. it ila,--1 .... ....... .. ,,._ .. e.-:1 ...... w-...,,ae,~-· ......... ~.Jae . .....C61ir ..... .._widldle I M 11 , ..... CilJ_.liw .... aaliceol.....,._ol .. ._ ... ....,.."'*....,.._•*-• · le. Ml".W".,....,..ifJOQCaq, . ......... ........... Mr . ..._ ... ,.. ....... ... dlcliq,arlicaEc ii...,.., aeaa,ot......_ a., Mar-,..._..., aea.,._ ..... lilllili:y ... ......... it • ....,... . . 'EMilitJ . ............................ ..,.: lll!IOU1l1l»I NO.,, &ealBS OF 1"6 A lll!IOU1l1l»I AlftOYINO 1IE ODLF axall! UITMaANI' CONCESSIONAIIE Mll!PM!HI' 11!1 M!l!N 1IE a'IY QF DICI.BWOOD Am JOQ CXltP. COUNCILlllilNMaWAGGONallOYD,Almll'WMRCONNa,TOAl'l'IIOW MaNM l'IDII NO. II (a) (II)• UIOUJ110N NO. C. ...... ,._ c-:il ...... Wiajal ....... .,,., 511 ........... "'... , ..... ,. 1DMOF Mm!l!IBR'...,..._ .. .., , .... ...._ • .,1. (Tlleaw ...... 1"6.) Cily AallaEJ._ ..... it .... ........ ....... cariel. A,-: c-il...._.......,, V• I 1, ..... II. 1$$ ••. aw. ... Nays: .... (I,) Ap:IIIM • 11...t ...... ,,.. __ illa......,far 1515111WE' ........... 12. ..... .... ,_ ... I· • 0 , • ,( .... • • iii f:fillt'i 1 1·li 11 ~Ii~ r ii ~i !' I J ~ !II 11 I J J • : .1 H t 9 9 I t ~ i i · ; i f s ;! !if ~!~11j1:1 1111.1 Ii I g '11111 f i is i l ! i JI . ltll ,,1 l J f f f i 'i d I . •[ I i ii i .f, -!1-!i 8 ( s ~ · f 20 ~ I I I ~ti !l Jll!1r~ I! l i ir~~ I I I i ti I ·i:,:9 !111 fi f I 111~ I~ ii t ,1 1· i !t!l1{tf1·1 !! i ! J;i I Ii I f . f •• 111}1!. ·1 H 1 ~ .11 8 [J ··w !Js lr I( "Ir f 1 cl ~ · 11 ii. ! ! f . till. i i I I ~ :;f ~ ~ • 1~r -i:,i, a . . I fn ~ r t1Ji 11!Jtf ~ ---------t .:-_:":-:-:-...-.:-::-·---_ _______.~- ~~---~-"?'' ~--:;;;---~ -----:-. \ • • 0 • \ r I 0 'i . ,. • .. \ ]- l:a&lew• Cily C-.11 ,-,,15.i," .. 21 ~- • • • _. I SIie ._...,,. ... IM'C ...... .,._. ..._,_cx,-.._localiw. w11ic1a c.-:i1 ........ ~ -. ........................... crlil ildle ..... crl ........ ... "'ii ii ... c:ilaillliaa ..... CGaCil Meaber Hadaway.._. ... aim,• 11*1 crldle--. ca:w-. ii Ille coacera wida .......... n.. ......... lie ...... wida -· ... •to ....... diae IIM'C ... ..,. ....... widaBlln, .....__~..,. ........ ftlldlen:p!sf-~-...... ...,,. ... ..... CGaCil Meaberl ......... .._. llllt • waald Pia to IM'C w wt crlUlllicaliaa crlftll die -- illpal:I crldlil ,__. l>et I f I I will lie• die City crlFql1 ood.. IS . AA~·~-,_._ COUNCIL NUDU BA'111AWAY MOYD TO ADIOUIIN . TIie aeetias ....,_. ll 9:50 p.m. •. ~--~.-.1,, • .. ., I. • 0 - -- • • • MEMORANDUM TO: FROM: DATE: Doug Clark, City Manager Louaishia Ellis, City Clerk Ja,uary 19, 1996 SUBJECT: Council Request Coooeil Member Hathaway requested a verbatim of Agenda Items 6 (b) and 7 (Janumy 15th COU'lcil meeting) relative to the day labor issue. We have provided that information, a copy of which is attached. cc: Council Member Hathaway ' .. • .. I . . 0 , ~?~I - • • • • • .. Verbatim City Council Meeting January 15 , 1996 Agenda Items 6 (b) and 7 Bums : Nabholz : Bums: Nabholz : Bums: Nabholz : The next item we have is scheduled visitors. We have Ann Nabholz and several comnunity members who are present to dilcuu the day labor businesses in Englewood . And on theae preaaalions. would you pleue limit your prelelUtions to ten ......res. Alm, are you.-. to speak for the group or are you going to have 1eW1'11 people apeak? Yes, sir, I think I'D speak for the poup. Sure, come on up . Your Honor, and Council Members. thank you for this opportunity to speak. I am here tonight on behalf ... Excuse me, Ann, would you idenlify your address and so forth? Oh, I'm sony. I'm Ann Nabholz, 2990 South Delaware. I'm here tonight on behalf of some concerned cita.enl from my neighborhood . Many of theae citizens are in chambers tonight . Our concern is clay labor, employment agencies and, in particular, Standby Penonnel, located on the comer of Bales and Broadway . It is our undentandins that Councilwoman Hathaway is an employee of Standby Pel mael wl we would expect her to abstain tiom any input or vote on this iaue to preclude any appearance of a conflict of interest . Our police will tCllify that Standby Penonnel is a public rmisance . Police calls are a lllllter of public record . AD theae police calls COit each taxpayer money and divert our police resources from more important matters. The area around Standby has been cited for public drinking. druging. urinating in public and loitering. Hypodermic needles have been found in the alley and street around Standby Personnel . No effort has been made by Standby to correct this situation. After the hearing with M and D and the Liquor License Authority last Wednesday night. hopefuUy that wiU cut down on that problem . It aeems counterproducti to our efforts to upgrade this area . We are looking at promoting business and revitalizing Cinderella City . Standby is like a malignancy. It kills growth and community development . We have two day labon in a one block radius . Standby does not contribute to our community, it ups it. We can look at this u a math problem . We can have addition and multiplication, or we can have 111btraction and division, which is what Standby is . Let me ask you, what young &mily would willingly expo1e their children to the type of business environment that Standby creates? To I. • 0 , ]- Burns: Acker : • ,,. -• • I• • " my knowledge, we have no data base for tracking businesses. My understanding is there is no "business license ." I think it is time to revisit the business license issue, but with careful wording and a minimum fee . It's good to have an open door policy for allowing new businesses in Englewood, but we are too easy. We need tighter guidelines. This also could be a plus for businesses as they would have access to each other. The time is right for revitalization of Englewood, but we melook at existing codes and ordinances and update them. A recent stated that one in five do not trust government. We can continue to olt ong with a few officials making decisions for us, or we can be a strong nk of government, business and citiz.ens working together for a safer, cleaner and more prosperous Englewood. We must listen to our community, it is at the community that our values are affected . We are looking at promoting business and renewing Cinderella City . We must develop an understanding of our problems which will prepare us for a positive change . We must have clear standards of codes and ordinances to guide us through our revitalization . Englewood residents expect integrity in government, effective communication, strong enforcement of laws and ordinances, as well as taxes kept low by wise and careful spending policies. What, in a code or ordinance, constitutes a public nuisance? I would appreciate your attention in this matter, and I thank you for your time. Thank you . The next item on our agenda are non-scheduled visitors and we have several who have signed up . I will call them one at a time, and please remember under non-scheduled visiton please limit your presentation to five minutes . The first one is Betty Acker . And this is also on the topic of day labor . Would you please identify younelf and address . Betty Lou Acker, 3140 South Delaware. I do know there's a problem down there . I have several friends down there, in fact one friend, Yvonne Caley (?) lives in the 2600 block on south Cherokee, and men from these penonnel offices, I don't know ifit's Standby or the other one, but they come down to her corner. The people who live on her south comer, which is the comer of west Yale and south Cherokee, and these men sleep out in the yard . This man lets them sleep out in the yard . And they have their hypodermic needles all over the place . So, I'm not in favor of some kind of business right there on Broadway being like that, because, when you go by there, these men are hanging out there and it really looks like a slums. And I just think that, I know that Ann has made repeated calls to the police department about this . And anybody that's going to be on drugs and be hanging out around there, I just think that they should be in an industrial area. I don't think there's any place for them, especially when you first come into Englewood, this 2700 and a couple more blocks, and here you see that . So I don't think , I think that's detrimental to our city . Thank you . ..... • •. I I . • 0 , ]- • ,,,_ • • '· Bums: Thank you . Shirley Esser. Also, please state your name and address. Esser : Shirley Esser-, 2982 South Delaware. I've had problems with these transients coming in down through the alley, dumping my trash out of my garbage sacks, taking my saclcs . I confronted one of them and he was very foul mouthed . I don't allow that for my kids to say that . And he was rude, obnoxious. And I said "where did you come from?" and he said "Standby, they didn't have work so I'm going to collect cans ." And I said "that doesn't give you any right to go through my trash and take my bags" and he said "I'll F-ing do what I damned well please ." And I don't appreciate that and I think something' s got to happen with that kind of environment down there on the comer . In my block I've got seven little boys down there . And these kind of men going up and down the alley for them little guys to see, it's not right. I didn't buy in that area to have that kind of environment for the kids . Thank you . Bums: Robert Reeder . Reeder : Could I choose not to speak at this time, just show my support for what Ann has said? Bums: Sure. It's up to you . Thank you . Kathleen Reeder. Reeder: I'm here to just show support for Ann, too. Bums: Alright, thank you . Theresa Rosentreter . Rosentreter : I'm here to support Ann Nabholz. Burns: Alright . Thomas Nabholz . Nabholz : I'm supporting my wife . Bums : Thank you . Sandra Ostema. Ostema : Good evening, my name is Sandy Ostema, my address is 2843 South Grant. I have here my fourteen year old daughter, and we've lived at 2843 South Grant now for about two years, but lut year she went to Sinclair Middle School . We elected to keep her in there because we bought in Englewood, we were renting then we bought, so we elected to keep her there . And I figure I'm going to give up my spot and let you hear fint hand from a young lady who had to stand at the bus stop at Standby Personnel to get to school every morning . This is Jessica Alsop (?) I· • 0 I - Jessica : Bums: Tomasso : • "' - • t• • '· Every morning, I would stand there and there would be a few guys and there would also be this older man with a lunch pail and it held many drugs and illegal things and often beer and things and then other people would come up to him with little sacks, probably with money and take some from him . And I just felt appalled by it and was very glad that none of them had asked me ifl wanted it, to try any . Thank you . We have no other people signed to speak under non-scheduled visitors . Anyone else who has not signed who would like to speak, you can come forward . My name's Carole Tomasso . I live at 2998 South Bannock . And this is my file on Standby . I've worked with the neighborhood action committee two years ago after they ascertained there was some problems with Standby . There was a neighborhood watch meeting and the whole neighborhood showed up at seven o'clock. All the doors opened at the same time, the whole neighborhood showed up to this neighborhood watch meeting, and I've never seen so many people show up at that kind of meeting, I was really surprised . They established the neighborhood action committee and we worked with Rita Hathaway on it . At that time I did some research and checlted out the other Standby Personnel businesses, and every single one of them is within a block of a liquor store, a bar and a check cashing agency . And I was horrified at those business ethics. I mean it's like putting an AA meeting next to Coors Brewery . And for them to do that to people I thought was really unethical . So at that time I contacted all the news agencies and uid can IOffldhing be done about this, and they uid what they're doing is not illepl. It's very unethical but they said call and let them know if I could find out anything else . At that time there wasn't a check cashing agency and now there's one there now. And I don't think, I think that we, u people, need to prevent this kind of thing from happening to neighborhoods, but lllo to the people who work at Standby . To place, at the time, the Standby Personnel woman said she didn't, when she bought the property, she said she didn't know there was a liquor store there, and that was a flat out lie, because I contacted the liquor store and they said before she bought the property she went over and talked to them . So we've been dealing with people who aren't telling the truth. people that are unethical, people who IUbject neighborhoods like our neighborhood to potential damage . So, I spent alot of time working on this committee and there were a number of people who said Standby wasn't a problem . Miss Hathaway was one ofthem, then she went on to work for them before she finished the work with the neighborhood watch and didn't fulfill her part of the duty of pulling together a group ot: not just a block captain, but we need a group for that whole area back there where we all could get together and support each other in working with Standby . So right now we're kind of dealing with a bomb that hasn't gone off'yet . A • . • • 0 t I - Bums: Nabholz : Bums : Caven : Bums : • . ,~ • thirteen year old girl ran away with one of the Standby Personnel employees, by Standby's account, and they said proudly that they tracked the guy down and brought him back. I'm upset it happened in the first place. We've got the hypodermic needles, I call the police on two out of three occasions when there are people sitting in my alley . One time my husband wasn't home and I was afraid . I didn't call, I just kinda sat and listened and waited till they went away . So I think, I don't know, I think something needs to be done. I think that we need to take a position of controlling what happens to neighborhoods and I just see what I call the Colfax-ation of Broadway and of Englewood . When I first moved here they threw horse shoes in the alley at ten o'clock at night. And I'm wondering what's going to happen now . Thank you. Thank you . Anyone else wish to speak? Pleue come forward . My name is Tom Nabholz, I live at 2990 South Delaware . I'll make it real brief It's like somebody opened a flood gate on Cornell and Broadway at all hours of the day, early in the morning, six o'clock in the morning, seven o'clock in the morning, it could be noon time, eight o 'dock at night, or midnight. But we see all these transients walking by . And most of the time they can't even walk . We wonder where they're going . I don't know where they're going, but I can tell you that the last two years at least, that I can think back, its changed . We don't know thelC people . There's times they come and hang over the gate. they want to talk to you . I don't want to talk to these people . I don't want my &mily to talk to them, but they're transients, and this is new and it's not what I want for here in Englewood. So, hopefully, we can do something about this problem. Thank you . Thank you . Yes . My name is Joyce Caven . I live at 11962 East Maple Avenue in Aurora . I had an unexpected happening, I'm not scheduled to speak . I brought my car into Bear Frame and Axle for repair . It wu in a couple of days and while the gentleman wu writing up my ticket he made some very, very disparaging comments . He said "boy, how would you like to have to sit and look at that every day out the window ." This business has been here, and I don't know when he told me. 1957 or, many years, Bear Frame. He said "I wish we could do something about it." I said "don't you have any recourse?" And he went on to enumerate the problems that they have there and what they witness each day . And I think it would behoove the City of Englewood to take into account the long established businesses who have worked long and hard to keep Englewood in the forefront. And this is a definite minus . Thank you . Thank you . Does anyone else wish to speak? Pleue come forward . ' • < •. I • • 0 , xi - - ' • • Gritter : • ,,,_ • • (. " Af.iENOA FOR THE "'>...,.;, Jui;. Griue.-. , .,. "289s....,, a.._ ri8'u on.,._ ora..., A-1..,.....,, "'° hlo,t, -or"'-1,y Pa-..,_ AID ...................... ....._ ...... _. , .......... ""'"°"" lo,,,...... __ .. ~ ...... _ boa, --.. ""'i;,. -...................................................... -.. .... ,..,...,......._ ___ .............. _·-.-. ,,,,.,._ _ ......... ·-.-..... ......,,, """" ..... . -....._ .... ,_or .. .,..,._ , .... ...., ..... .., ........... ....,, ..... in ... -. .... And it', ........ or.,.. ....._ ........ _. l'm""""''°""""'"'••-.........or ...... ""'"-,.........,c1o ... ____ .... _ ................................. .__ u.... ..... __ ,..,., ..._....,lndl'm--...._,._,,.,__,. ,..., .... -or-...._...,..,., • ._ -int • ..,,..,. ... .....,.,. to -one ormy kid, o, hy to ......... my°"" 6'". l ... , ...__ fiom fflYhome ...... ...,.. ""'"''"'--..,by...._....,,don't -...................... _..., .. "'Yli&, ............... ...... ... ..... """" ... """""" ................................... .... ......................... ota,,.;.. ... ., ...... , ..... .... ....... ........................... _""""""""-..... , -----..................... i..... • ..,,or -......_ ............... _.,.._,,...,.....,A_. "-... ..... ____ theCityo,~ ... _ ~-~ .. -.... ............. _, ... ............. • .... , ....... ..,, ....... 1'1ioot)'Ou ,,_, 0o.,.,,.,...,, ... .,,.....,_a.1o-w ...... ,..'°',..,, in touch With Y<>u . -._. '°'"""'· IVe·n rate"---.... ..... ...., ..... • I • • 0 f 32xl 1- • Gritter : ~-• • I • • {' My name is Julie Gritter. I live at 2895 South Bannock, right on the comer of Bates Avenue . I am directly two blocks west of Standby Personnel, MD drug store and the other busineuea on that comer. I've lived at my house for thirteen years in Ens)ewood. I have never been more scued in my life now than when I lived there, or fint moved in there, I should say, one to two years, or thirteen, twelve years ago . I thought it was a nicer, older, Englewood area. I it wu residential, mainly, along with just a couple businesses that I knew ofup on the comer. I have never had to call the police so many times in my entire life. And it's because of the businesses up on that comer. I'm going to say that it's a combination of them because I penonally do not know where these people have come from when they come walking by my house . Living on the corner, I have a fenced yard, and I'm even scared because I have a fenced yard. I feel that one of these derelicts might try to reach over into my yard and either try to grab one of my kids or try to endanger my own life . I run a daycare from my home . Some days, when I see people walking by there who I don't know who they are, I've never seen them in my life, they're swaying back and forth along the sidewalk and then they're ending out in the street, I just sit there and watch them and I go okay, just stay in the street, I hope they get hit . And that's also a very, very bad corner for accidents . I don't know where those people come from . They could have been at any of those businesses located up on the comer of Broadway and Bates Aveooe . If something is not done soon, between the City of Englewood, the police department, code enforcement, or whoever we're going to need, I am going to move. I can't live there any longer. Thank you . Bums: Do we have any one else who would like to speak? We thank you for your comments tonight . We'U take those under considention and we will keep in touch with you . • • • ' ... • • 0 ]- ] ' • • • ,, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 15, 1996 7:30 P.M. 1. Call to order. '/./J~ 2. Invocation. IA)~ 3. Pledge of Allegiance. ~ 4. RollCall. 1~ 5. Minutes. 6ft' ?-o a. Minutes from the Regular City Council Meeting of January 2, 1996. ~ 6. Scheduled Visitors. (Please limit your pruentation to ten minutes.) a. Recipients of Aid to Other Agencies funding will be present to accept their funding. b . Ann Nabholz and several other community members will be present to discuss Day Labor Businesses in Englewood and related issues. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. ~o· Letter from Jo Lay indicating her resignation from the Water and Sewer Board.~ .._ .... ff,-.... Alllllly ....... ...., ............ ..., .. Clr.,... ...CJD.IIJlt .. .......... a11waceo1 .................... ,... ' •. .. • • 0 - • • • City Councl Agenda January 15. 1996 Page2 9. 10. Public Hearing. ~'HJ ~,,llth(,J~~ ~d-.~->p/'1-0 I.O . . /M,lfd-fr~¥)d}Jtu) ;:;::;g a. Public Hearing o gather · input on the propoNd ._rt P1an~-'"7/ Development. b. Public Hearing to gather citizen input on a propoNd amendment to the c-~~~~,t!Jf:;fp:i!Jv~ Consent Agenda. ~'1--0 ~ ~ a. ApproveonFirstReeding. ~~{r~/OLi ~/ a,i,J?-0; Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the renewal of Englewood's Automatic Aid Agreement with the City of Uttleton. STAFF IOURCES: Man Stanley. Director of w.ty .. wloN: llelh LoolEwood. DMllon ChW. b. Approve on Second Reading. g 11. Ordinances, Resolutions, and Motions. a. Approve on First Reeding. . i Recommendation from the Utilities Department to approw. by motion. & construction of four City Ditch strucb.nl. Staff recomnwnds • awarding the bid to the low bidder. New Deeign Construction 8'), nhhll?-0 Company, in the amount of t82.000.00. STAFF IOUIICE: ... wart 7r Fonda. Dnctor of ...... ~ I) _ "-, / ii. Recommendation from the ~ Ji Parka end Recreation to ,::J,40fF" f adopt a resolution approving a con1r8Ct for the operation of the fl 1,v,) resteurent conceuion et the Englewood Golf CourN. Staff Tr' ?-0 recommends awarding the con1r8Ct to JOO Corp. STAPF IOURCEI: Jerrel~ ... ~."! ..... wl lleor1lll1111: ............. Golf lleneger. VV"'",f'M/1/ b. Approve on Second Reeding. ff 12. General Diacuuion. a. Mayor's Choice . .._ .... .,,_._. • ._.,_._....., ................ ..., .. a,.,,;J •••CNN1Ma1 ........... ..._. ..................... ,... •. ,, I. • 0 , ]- - • City Council Agenda January 1 &. 1996 Page3 ' <. • • • b. Council Members' Choice. Ill - " /J. :11-:;; 1viJn~ A resolution supporting the nomination of Council ~~~~i~ag ~ yr rv to the Colorado Municipal League Executive Board.1 ~ 13. City Manager's Report. 14. City Attorney's Report. t/.50~nment. ~ The following minutes were transmitted to Council from 12/30/95-01 /11 /96: • Board of Adjustment and Appeals meeting of November 11, 1995 • Board of Adjustment and Appeals meeting of December 13, 1995 • Englewood Public Library Board meeting of December 12, 1996 .. . . t . .. I . . 0 f __ I ]- • • • . . PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-8CHEDULED Vl8ITOR8 DATE: JANUARY 15, 1998 ,. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. ntOIE PERIONI WHO NIH TO SPEAK IN FA~ Of OR•OPPOlfflON .,AllllatlO• •a; W · HEAMIO ROSTER. PLEASE PRINT NAME ADDRESS '' • • 0 , - - • • • (, CITY OF ENGLEWOOD PUBLIC HEARING ROSTER JANUARY 15, 1998 AGENDA ITEM NO. I a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON THE PIIOP08ED BURT PLANNED DEVELOPlll!NT PLEASE PRINT NAME ADDRESS . . ~---... ' . , •. . . .. I . . 0 I • -• • (, ... - \ NAME AQQRESS ]- • ·, • • • .. CITY OF ENGLEWOOD PUBLIC HEARING ROSTER JANUARY 15, 1998 AGENDA ITEM NO. la PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON A l'ROPGlm IJ I IT :'IOr. ... COMPREHENSIVE ZONING OIIDINANCE PLEASE PRINT NAME ADDRESS . ' • I. • 0 --- \. n, i. 1 .. • NAME ADDRESS • 0 - • • • • . ' ENGLEWOOD CITY COUNCO. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO ..... , ..... J--,2,lt" l. CallteO'*' The rqular mecling of die Eqlcwaod City CouDcil -called IO order by Mayor Burns al 7:32 p.m . 2 .......... The iDwcalioa -pea by Coullcil Member Wigias. 3. PW• el .Alleaieett The Pledge of Allcgiancc -led by Boy Scout Pack No. 347. Mayor Bums, on bebalf of Couacil, tbamed die Boy Scouts . 4. RollCall Present: Council Members Hathaway, Clapp. Wiggins. Habellicbt, Vormittag. Bums Absent: Council Member Wagoner A quorum was present. 5. Ml..ca Abo pracat: City Mau,er Clark City Altar-,, erau- Allillul IO die City Mulpr Grace City Clerk Ellis DinclOr Grypwicz. F'mwill Servicel (a) COUNCU. MEMaER BATIIAWA \' MOVED, AND rr WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEl11NG or DECEMaER ... 1"5. Ayes: Council Members Hathaway, Vormittag. Wigins. Habellicbt, Clapp.Bums Nays : None Absent: Council Member Wagoner Motion carried . 6 . Sclleduled Viliton There were no ICheduled vilitars. There were no non-scbeduled vililOrl. ' I • • 0 I ? I - • Enpewood City Council January l, 1996 Pacel • 0 • 8. commualcatioeS. Procldlatioe• and Appoilltaeatl (a) CO\JNCU.. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT W1TB REGRET S\JSAN MARTEL'S LETTER OF RESIGNATION FllOM TBE CLEAN, GREEN, AND PRO\JD COMMISSION. Ayes: Cc,uJICil Members Hathaway , Vonnittag, Wiggins, Habenicht. Clapp, Burns Nays : Nooe Absent: Cc,uJICil Member wagoner Motion carried . 9 . hblic Beari•& No public hearing was scheduled before Council. CO\JNCU.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), {ii) ud (ill) ON FIRST READING. (a) Approve on First Reading (i) RESOLUTION NO . 2, SERIES OF 1996 A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN nlE CITY OF ENGLEWOOD AND TCI CABLEVISION OF FLORIDA. INC ., DOING BUSINESS AS TCI OF COL()lt.ADO. INC ., PERMJTI1NG TCI TO CROSS nlE CITY DITCH WITH ITS UNDERGROUND TV CABLES AND CONDUITS . (ii) CONlllACT W11ll BLACK AND VEATCH IN nlE AMOUNT OF $39,668 FOR nlE VALUE ENGINEERING STUDY OF nlE PHASE lb PROJECT - (iii) RESOUITION NO . 3, SERIES OF 1996 A RESOLUTION AlJn«>RlZING nlE APPLICATIONS FOR nlE l997-200211lANSP0llTATI0N IMPROVEMENT PROGRAM - Vote ,emits: Ayes : Nays : Absent : Council Members Hathaway. Vonnittag, Wiggins. }labcllicbt. Clapp, Burns Nooe Council Member Waggoner Motion carried . CO\JNCU.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO Afl'ROVE CONSENT AGENDA ITEMS 10 ('} {i) ud(li} ON SECOND Rf.ADING. (b) Approve on Second Reading .. ...... ,- •, ' ,; I • • 0 • I li '32xl - 1 I En&lewood City Council January 2, 1996 Pa&e3 '· • • t• • (i) ORDINANCE NO. 1, SERIES OF 1995/1996 (COUNCil. Bll.L NO. 72, INTitODUCED BY COUNCil. MEMBER HATIIA WAY) AN ORDINANCE AMENDING 1111.E 12, CHAPTER ID, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985 BY ADDING A NEW SECTION 6 EN1111.ED ADMINISTRATIVE REVIEW AND APPEALS . (ii) ORDINANCE NO. 2, SERIES OF 1995/1996 (COUNCil. Bll.L NO . 74, INTitODUCED BY COUNCil. MEMBER VORMl1T AG) AN ORDINANCE At.mfORJZING 11IE PURCHASE OF A FARMSITE FOR 1HE BENEFICIAL USE OF 11IE LITILETON/ENGLEWOOD WAS'IEWATER TREA1MENT PLANT BIOSOLIDS MANAGEMENT PROGRAM . VoteraulU: Ayes : Nays : Absent Motion carried. Council Members Halhawly, Vormittag, Wigins, Habenicht, Clapp.Bums None Council Member Waggoner 11 . Ontlnuca, Raolutlou ud Motloe1 (a) Approve OD Finl Reading (i) Director Gly&lcwicz presented a rec:ommcndation &om the Depanmcot of Financial Services to adopC a raolution authorizin& a mpplcmental approprialioD to Ille 1996 Buqel for the purchase al a bcneficial UIC site for I.be Watewatcr Tlallllelll Plant. He advilcd dial tllis raolution amends the 1996 Budget in the IIIIOUlll olS902,000, for pun:buc oldie fannsitc wbic:11 waa plfflOUlly appnMd by Council (Agenda Item 10 (b) (ii)· Council Bill No . 74). In response to Council Member HaabaMy, Director Gryglcwicz confirmed that nochin& bu dlanpd since Council passed Council Bill No . 74 on first reading. The resolution was assigned a number and read by title : RESOLlTTION NO . I, SERIES OF 1996 A RESOLlTTION AMENDING 1HE APPROVED 1996 BUDGET AND APPROPRIATING MONIES FOR rnE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER RA TBA WA\' MOVED, AND IT WAS SECONDED, TO APPHVE AGENDA ITEM 11 (a) (I) • RESOLUTION NO. 1, SERIES OF 1"6. Motion carried. Ayes : Council Members Hathaway, Vonnitta&, Wigins, Habenicllt, Clapp.Bums Nays : None Absent Council Member Wagoner (b) Approve on Secoad Reading .. ...... "~ • . I . • 0 , I ]- • • ·, • .. Tbcre-•additioMI ............ approval ........... (See A..-._ 10-C- Apda.) 12 . 6--' Diw I 1J (a) Mayor's Cllaice I . Mayor Burm wilbed C\'Cl)'OIIC Hippy New v.... He oa'aed llil apprecillioD to Council for tbc FCJcl work Ibey did in 1995 . He lt.llled theR arc a loe flldliap oa tbc apada for Eapwood ID 1996 and be is lootina folwud io wortiag with Council . (b) Council Member's Cllaice (i) Council Member Vonaiaag wilbed ewr)'OIIC a Hippy New Year and said be is looting forward to working with Council as theR arc aloe flltbinp Ibey need 10 do. (ii) Council MClnber Clapp wilbed everyone a Happy New Year. (iii) Council Member fflbenidll wilbed ewr)'OIIC a Hippy New Year. 13. City Muqer'1 Report City Manager Clark did not hive any llllltel'l 10 brill& bcfOR Couacil . City Attorney Brotzman did DO( llaw Ill)' mlllell 10 llriaa ldft Council . 15 . Adjeanaeat COUNCU.MEMBERBATBAWAYMOVED10ADIOU1tN. TllcllllClilt& ...... •7:40p.m. 'I • I. • 0 r.,' f .::12 x I ]- • ,~ • t~ - '· 8. JANUARY 9, 1996 DEAR FELLOW BOARD MEMBERS; AFTER MANY CHALLENGING AND ENJOYABLE YEARS ON THE ENGLEWOOD WAn:R AND SEWER BOARD I FIND ff NECESSARY TO TENDER MY RESIGNATION EFFECTIVE IMMEDIATELY. ON JANUARY 2, 19961 RECEIVED A PROMOTION TO A SUPERVISORY POSITION IN THE ARAPAHOE COUNTY ELECllON DEPARTMENT. THE ADDED DUI'/ES AND RESPONS/BIUTIES OF THAT OFFICE NO LONGER AFFORD ME THE TIME TO PROPERLY PERFORM MY Dlff/ES AS A BOARD MEMBER. MY YEARS ON THE ENGLEWOOD WAn:R AND SEWER BOARD HAVE BEEN VERY EDUCATIONAL AND REWARDING. ff HAS BEEN A PLEA.SURE TO BE ABLE TO CONrRIBUrE TO MY COMMUNITY AND MAKE SO MANY WARM FRIENDS . SINCERELY.· JO LAY ' • . I • • 0 , 2 ]- • • • • • (. Sed;jon 1. The City Council of the City of Englewood, Colorado hereby approves the Planned Development application made by 5200 lnvestmentll, Inc. for the renovation of the Bite into a car and truck eervice c:enter and medium duty truck aales lot on the four (4) acres South of West Belleview Avenue and West of South Broadway with the following conditions : 1. The applicant shall comply with required minimum landacapiJII requirement& for Lota A.Band C, that bein, lO'Jf> of the total developable lot .. aball be landscaped, with at leut 50'Jf> of the landacaping to be live material and ~ of the required landscaping shall be in front of the front building line. 2 . The auto body shop and paint booth are recopized u acc:euory uw to an auto nles dealenbip. The auto body lhop and paint booth shall not be allowed u free. standing uses . Sed;jon 2. A Public Hearing wu held on January 15, 1996 at 7:30 P.M. ADOPl'ED AND APPROVED thi1 _ day of------• 1996. Tbomu J. BW'llll, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellia, City Cln far the City of Bapwood, Colorado, benby certify the above is a true copy of Reeolution No._, SeriN of 1916 . • I •, I . • 0 \ ~l 1 32xl - • • • • DRAFT • RESOLUl'IONWILL 0011IE IIEBTING AFID 11IE PUBLIC BEARING 1/11198. RESOLUTION NO. _ SERIES OF 1996 A RESOLUTION APPROVING THE PLANNED DEVELOPMENT REQUESTED BY 5200 INVESTMENTS, INC. FOR THE RENOVATION OF A FOUR (4) ACRE SITE INTO A CAR AND TRUCK SERVICE CENTER AND MEDIUM DUTY TRUCK SALES LOT. WHEREAS, an application bu been made by 5200 Inveatmentl, Inc. for a Planned Development concerning a four (4) acre area, South of Welt Belleview Avenue and Wen of South Broadway u fully aet forth in the Planned Development application; and WHEREAS, the propoaed Planned Development, conaiatinl of a lite of approximately four (4) acrea, there ia an existing structure at 180-190 Welt Lebow Avenue which will be renovated for WM! u a Wied car reconditioning center, body and paint ahop; and WHEREAS, a 4,000 aquare foot addition to the eutern lide of the uiating ltructure will houae new and uaed medium-duty truck aalea; and WHEREAS, the l'Ntaurant atructure CWTeDtly at 5201 South Broadway will be demoliahed in conjunction with this portion at the development and another restaurant atructure at 5211 South Broadway will be convsted to office WM! and eventually demoliabed to provide additional vehicle display area; and WHEREAS this property wu IIIID8Sed into the City of Englewood and zoned for commercial development in 1964: and WHEREAS, the Bite is irreplar iD lhape, and includea a portion of the Bil Dry Craek 100-Year Flood Plain u well u a 75 fDat wide Pllblic Semce ...... t wbicb baff effectively reduced the area available far deftlopment on the lite by appnmmately 2Hi; and WHEREAS, this Planned I>evelopmmt wu camidend by the City at Ensiewood Planning and 7.oning Commialion at a Public Hearinf on October 17, 1996 which wu continued to November 7, 1995; and WHEREAS, after the Public Rearm,, the P1anninc Commialion recommend approval of thia Planned Development with certain conditiona; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ...... ,. - • . I . • 0 '32xl ]- AYES: NAYS: ABSTAIN: AmENT: • • . ' • <, Homer, Redpath, Shoop, Tobin, Weber, Doua)as, Dummer, Muon None None Garrett The motion carried. These Findin1s and Conclusions are effective u of the meetin& of November 7, 1995; •, .. I . . 0 1 32xl • • 0 ,. - CONCLUSIONS 1. TBA T proper notice of the Public Hearing was published in the F.n1J,cwqxl Hmld on October 5, 1995, and that the property was posted the required 15 days giving notice of the date, place, and time of the Public Hearing. 2. TBA T testimony was received from staff and from the applicant and representatives, which is made part of the record of the Public ffearina. 3. TBA T written information in the form of two staff reports, and an information packet submitted by the applicant, was received and incorporat.ed into the record of the Public Hearing. 4. fflAT the proposed Planned Development filed on behalf of 5200 Investments, Ltd. for the redevelopment of properties currently addressed as 5201, 5203, 5211 South Broadway, and 180 West Lebow Avenue sets forth the redevelopment plan for the subject site and will guide the redevelopment. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Planned Development for 5200 Investments, Inc. should be approved. This decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on November 17, 1995, by Mr. Shoop, seconded by Mr. Mason, which motion states: The Plannin& Commlsclon recommend to City CouncU that tbe Planned Development application filed on behalf of 5200 Innsbneats, Ltd. be approved with tbe followiaa condltiom: 1. The applicant shall comply with required minimum laadlcaplna requlremeats for Lots A, B, and C, that belna that 1011, or tbe developable lot area shall be land- scaped, with at least 501', of tbe landscaplna to be live material, and 801', or tbe required landscapiq shaU be In front or tbe front bulldiq line. 2. The auto body shop and paint booth are ncoplzed as accessory uses to an auto sales dealership. The auto body shop and paint booth shall not be allowed as free- standina uses. The vote was called: 4 •• ...... ,- , I . • 0 ]- AYES: NAYS: ABSTAIN: ABSENT: • • • '· .. Homer, Redpath, Shoop, Tobin, Weber, Douglas, Dummer, Mason None None Gamtt The motion carried. These Findinss and Conclusions are effective u of the meetin& of November 7, 1995; ..... ... I . . 0 , :l~ XI ] - • • 0 , . • 8. THAT the Commission determined at the meetin& of October 17 to continue the case for further deliberation to November 7, 1995. 9. TBA T at the meeting of November 7, 1995, Community Coordinator Harold Stitt gave testimony repnling auto body shops and paint booths as ancillary uses for car dealer- ships, and the fact that Burt-on-Broadway does presently have such facilities on the main site but cannot handle all the work generated by the various dealerships under the Burt name. 10. TBA T Community Coordinator Stitt testified regarding the issue of •phasing", which the applicant has modified to reflect •parce1 identification". Mr. Stitt testified that there is no requirement that development of either a phased or parcel identified site be done sequentially. 11. TBA T Community Coordinator Stitt testified the proposed redevelopment does comply and further goals for commercial corridor development cited in the Comprehensive Plan, and as a result of this compliance the development does provide "value" to the City. 12. THAT Community Coordinator Stitt testified staff will work with the applicant and the Colorado Department of Highways to assure proper ingress and egress from the site as redevelopment occurs. 13. THAT Community Coordinator Stitt testified that elevations and a prolOtypical desip of the building addition have been added to the plans . Mr. Stitt further testified that corporate identity dicwes much of the desip of all development for the dalenhip. 14. THAT Community Coordinator Stitt gave further testimony repn1ina the landscaping requirements and the rationale to recommend that landscaping requirements apply only to that part of the site which is "developable". 15 . THAT Gary Harrison testified to modifications made by the applicant u a result of comments from the Commission during the October 17 portion of the ffarin&. 16 . THAT Tedd Utzinger testified regardin& the efficiency, size and EPA/OSHA compli- ance of the paint booth. Mr. Utzinger also testified to disposition of any residue from the painting operation . 17 . TBA T John (Hank) Held testified to the combination of auto body shops for all the dealerships on the east side of South Broadway, and that the one auto body shop cannot handle all of the work generated by the various dealerships. Mr. Held further testified that leases on the restaurant sites cannot be terminated except by the latee. Mr. Held also testified that Burt-on-Broadway, LOC Mlftaaement, and 5200 lnveslmellts, Lid. are all part of the "Burt" businesses . 3 • ,. - • . - ... I . • 0 1-- • • 0 I • • FINDINGS QF FACT 1. TBA T the Public Hearing was initiated upon receipt of an application filed by John H. Held, V.P./G.M. • LGC Management, Inc. u General Partner, on behalf of 5200 In- vestments, Ltd., with LGC Management u Managing Partner, addressed at 5200 South Broadway, Englewood, Colorado 80110. 2. THAT the properties encompassed in the application are currently addressed as 5201, 5203, 5211 South Broadway, and 180 West Lehow Avenue, Englewood, Colorado 80110. 3. 1HA T the Notice of Public Hearing was published in the Eo&lewood Hmld on Octo- ber 5, 1995, and the property was properly posted the required minimum 15 days, which signs set forth the date , time, and place of said Public Hearing. 4 . mAT Robert Simpson, Manager of Neighborhood and Business Development, testi- fied on the nature of the request , the zoning of the subject property, comments on the proposed development plan which had been received from other City Departments, and to the conditions recommended by staff to be imposed on the approved Plan . S. mAT Gary Harrison of Concepts West, testified to the phased redevelopment of the site, noting that the existing structure at 180 West Lchow Avenue would be renovated to accommodate the auto body shop and paint booth, with an auto reconditionin& center and truck shop. Future redevelopment in sublCIQuent phases would be the removal of two restaurants to allow conSb'UCtion of an addition to the structure at 180 West Lehow A venue to allow for medium-duty truck sales, conversion of another restaurant struc- ture to office space, and eventual demolition to accommodate additional vehicle dis- play. 6. mAT John (Hank) Held, corporate attorney for Burt-on -Broadway, testified to leases remaining on the three restaurant sites, and that redevelopment of those sites cannot oc- cur until termination of the leases. Mr. Held provided clarification on the p1oposcd re- development, emphuizing that the auto body shop and paint booth will be used only by the Burt dealerships. Mr. Held also provided testimony rcprdiq disposition of used oil, fencing and screening of vehicles, and landscaping. Mr. Held testified to the ap- plicant's concern regarding the comments received from the Traffic Division reprding elimination of curb cuts on South Broadway. 7. 111A T members of the Planniq Commission expressed conccm repnlina the amount of landscaping proposed in conjunction with the redcvclopment, with allowance of an auto body shop and paint booth as "ancillary uses" in the first phase with no uswance subsequent phases of the redevelopment will occur; the value that will accrue to the City by approval of the request, and building desip and elevations of the proposed addition for truck sales . .. - 2 I . • 0 • • 0 - (, CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN 1HE MA1TER OF CASE 19-'5 FINDINGS OF FACT, CONCWSIONS AND RECOMMENDATIONS RELATING TO A PLANNFJ> DEVELOPMENT FOR 5200 INVESTMENTS, LTD. INITIA Tm BY: ) ) ) ) ) ) ) ) JOHN H. HELD, V .P./G.M. ) LGC MANAGEMENT, GENERAL PARTNER ) !200 SOUTH BROADWAY ) ENGLEWOOD, COLORADO IOUO ) FINDINGS OF FACT AND CONCLUSIONS OF 1HE CITY PLANNING AND ZONING CO~ON Case #9-95 was opened for Public Hearing before the City Planning and Zonin& Commission on October 17, 1995 in the City Council Chambers of Enpewood City Hall. Commission members present: Doupas, Homer, Redpath, Shoop, Tobin, Mason, Weber Commission members absent: Dummer, Garrett Case #9-95 was continued to November 7, 1995, on which date the Hearing was reopened in the City Council Chambers of Englewood City Hall. Commission members present: Commission members absent: Shoop, Tobin, Weber, Douclas, Dummer, Homer, Red- pllh, Mason Testimony was received from staff, and from the applicants. The Commission received the Notice of Public Hearin&, Staff Reports dated October 17, 1995 and November 7, 1995, the Planned Development drawings dated September 9, 1995; modified Planned Development drawings dated November l, 1995, and a supplemental packet of information from the appli- cant. .... I . • 0 - • • • • • • .. Written Statement Burt on Broadway September 11, 1995 Page3 ch A. Phase 1 • Auto Body and Service Center No addllional ~ wl bt provided. The inllndld bulldlng rlnlMtion ii Drinwilv interior and no ~ dlll9I to flt building de or IICllrior n expeclld. 'lbe · existing trees mid gravel mulch along WIii Llhow AVlfflll wl bt prlNIYld. B. Phase 11 • Truck Salts With the demollion al the lllllullnl building ' on South Bn>achli9y and flt bulding addition added to 180-190 Wat Lehow Avenue, inplovement ID the lllldlclpllg along South Broadway would bt made. A 10' landscape buffer would bt added~ South Broldwly, conslslrlGaf IOd, street trees and low-rise shrubs. Milor llrldlcape isllrlds would also bt pllClcJ at the building addition. c. Phase 111-Office Occupancy No addltional landscaping is proposed along South Broadway wlh the Sin1>lt change of occupancy. D. Phase IV H the building at 5211 South Broldwly ii dlmollhed, lhl lie wl bt &dlzld for Vlhlcle sales display. The llrldape buffer along Soutl Broldwly wl bt continued • dllined in Phase II above. •, .. I . . 0 f 32xl • • 0 I• • Written Statement Burt on Broadway September 11, 1995 Page 2 II. B. C. D. The renovation of the building consists of relatively minor interior changes to the structure, plllri>ing and electric:al systems and additional exterior overhead doors . Elevations of the buildilg are included in the PD drawi'lgs. This operation would not be open to the public, so no customer pa;s· stalls are needed . E~yee pa,ki'lg is restricted to the conmon dealership · lot localed behind Burt Toyota. A fenced bull-pen area is localed on the north side the reconditioning section for the temporary storage of vehicles. This first phase will occur immediately upon approval of the Planned Development document. Phase II· Medium-Duty Truck Sales The second phase of redevelopment would be the demolition of the restaurant building at 5201 South Broadway. The removal of this building would create adequate space to construct a building addition to the 180-190 West Lehow Avenue building for medium· duty truck sales. The building addition is projeded to be approximately 4,000 s.f. in size and occupied by sales staff. The site to the east of the building addition would be utilized for new and used medium-duty truck display. The PD Site Plan incficates this second phase of work . Phase Ill • Office Occupancy of Restaurant Another phase of redevelopment of the sle would be the change ol occu~ for the buikfmg located at 5211 South Broadway from restaul'll'lt usage to general office n auto sales support. This phase could feasibly occur prior to the creation of the medium- duty truck sales (Phase II). The change of occupancy to office usage is not expected to entail 111y major struc:tural or site changes. Phase IV • Additional Vehicle Display As a final site redevelopment option, the building located at 5211 So~ Broadway would be demolished and the site paved for additional truck and commercial vehicle display. This phase is very uncertain lrlCI is not indicated in detai on the PD Sle Plan. LANDSCAPING PLAN The existing site has a higl percentage ol natural vtgllllion, dut to b location adjacent to Big Dry Creek . The southwest portion of the de Is al Nilural ~ion localtd In and above the flood channel. The balance of the sle 1h11 has been dMloped has milinal landlcapi,g along South Broadway and West Lehow Avenue . Redevelopment of the llndlcaplng wlD also be pe,fonned In phases, fflllc:hilg the proposed commercial redevelopment of !he sle. .. -• • ,. - D I . • 0 , J- • • • • 0 • September 11, 1995 Burt on Broadway Automobile Sales and Service Center South Broadway and West Lehow Avenue Englewood, CO Job No. 9520 Written Statement The three land parcels comprising this Planned Development are 1111 owned by the Burt Automotive Companies . The legal description of these three parcels is indicated on the PD Stte Plan drawing. The use of a Planned Development for the redevelopment of this convnercial stte will achieve several goals. The first result will be to allow a body shop occupancy in part of the service building, which is presently prohibtted in the 82 zone . The second result will be the creation of a phased development program, documenting the intended commercial redevelopment of the sne. The third result will be a concept stte plan that indicates the physical changes to the existing lot, i'lcluding parkilg and landscaping . The stte is presently occupied by three building structures . The largest structure at 180-190 West Lehow Avenue is a 26,045 s.f. metal building that was originally an automobile parts warehouse. In recent years, the building was used for storage and door manufacturi'lg. The second buildilg on the site is at 5201 South Broadway and consists of two restaurants, one of which has a cm•througi service wildow . The third building located at 5211 South Broadway is also a restaul'W\t . The restaurant buildings are surrounded by pari<ing stalls, with little or no landscaping. I. PLANNED DEVELOPMENT (PD) As previously noted , the Planned Development is mended to document the phased renovation of the stte into a car and truck service center with ultinate plans for truck sales. The following is an outline of the proposed phasing schedule: A . Phase 1 • Auto Body Shop and Stryice Center The metal building located 11180-190 West Lehow Avenue wl be renovated Into a car/ truck service center. The east one-third of the buiklna would be for commercial vehicle service and contract maintenn:e operations. The miidle third al the building would be for used car reconditioning. This operation would aoctpt trade-Ins f,om the various South Broadway Burt dealerships, recondition the vehicles and thin 191um the Vlhicles to the respective dealerships. The west third of the buldng would be &ilized as a body shop, performing boctf work and utlllzilg a new Pli1t booli. Thi body lhop ..-1on would support both the rec:ondltloni'lg center and the Burt dealerships along So&ih Broadway. -• ,,, - I . • 0 - J • • • f • • .. Cl1Y~~=OOD ~ ~ PLANNED DEVELOPMENT APPLICATION~~ Address of Subject Property: S201. S203 1 5211 1 South Broadvav 1 180 w. Lehov Ave. Applicant'sName : John H. Held, V.P./G.M. -LGC Management, Inc. H General Partner Address : s200 s, Broadway, Englewood. Colo, so110 Telephone : (303) 789-3219 Property Owner's Name : 5200 Investments, Ltd., with LGC Manag ... nt H Managing Partner Address : 5200 S. Broadway, Englewood, Colo. 80110 Telephone: (303) 789-3219 Proposed Use of Property : Burt Chevrolet will use it for Auto Body Shop and Service Center. Submitted herewith is the required fee of ~ for this Planned Development lication. In addition, I understand that I will be required to post the property accoM~ apecdficatiop• Ill T:: by the Deputment of Co1111m1nity Development, and to~ f91; the COit of the~ ~J:f.DQlice of the Public~ before the City PJannina & Zoning-COIIIIIIIIIIOll ind ~ore ~ the Council determine that at is to the public interest to hold a hearina on this applic:itioii . L. 6. C.. lflo~e11 f, .Iitc. 1 G-. ?. Office or position blld S :)..OO ;r,,,,«f111 .,, fs I L fJ, lmIE;, If the applicant ii DIil the owner of the property, .. .:J'.,.. ... be ac ca,.... by the written authorization for mch action liped by the owner or ow., al lad. ~ wilh a ....,_, iiJl*I by the owner or owners that they aaree to be bound by the ,.Phriaes 1111 caediii• wllic:h wll be 6c:tM with the approval and recordina otthe DeYlloplDllll PIiia . .........-~ ·- I. • 0 1 32 x l - - • I' - ,. • t• ·.., • (. 3. No dismantled vehicles may be stored outside except in that area identified as "fenced car stora1e"/rovided that this "fenced car storqe" area is screened from public view by a soli 6 foot wooden fence. ' .. ., I . . 0 f 32xl - • • • ,- 0 , . • (, The proposed Planned · Development is not adjacent to a residential usc district. b. Within the Planned Development, sufficient space must be provided between buildings and structures, giving consideration to their intended usc, their loca- tion, design and height, the placement and extent of facing window areas, and the topography and other such natural features as will assure privacy and a pleasant environment. The only new structure to be built within this proposed Planned Devel- opment will be the 4,000 square foot truck sales addition . This will be built during Phase II of the development and the removal of building at 5201 South Broadway will take place prior to the construction of the truck sales addition. The overall impact to the site will be to provide a more open street frontage on South Broadway and removal of a signifi- cant amount of visual clutter from the South Broadway streetscape. c. lf the area of the development is such that an internal circulation system is nec- essary, such a system shall be designed for the type of traffic that will be gen- erated, and all curbs at entrances and other access points shall have ramps to facilitate access for the handicapped and bicycles . An internal circulation system is not proposed for this development. However, since South Broadway is a state highway, the Colorado Dc- panment of Transportation may require closure of some of the existing curb cuts on South Broadway as development progresses. In that event, the new state access permits will be required as uses change or new de- velopment occurs. d. Bicycle and pedestrian trails arc to be provided where the City bicycle and/or trail plan or the Regional Bicycle Transportation Plan shows such trail or trail corridor. No trails arc proposed for the subject site. e . The site plan shall provide for the maximum preservation of natural drainage areas, vegetation and other desirable features. The site is currently developed; therefore, this provision is not applica· ble . RECOMMENDATION; The Neighborhood and Business Development Division recommends that the Planned Devel· opment filed on behalf of 5200 Investments, Ltd., be approved with the following conditions and forwarded to City Council for final action . 1. 2 . Required handicapped parking spaces be indicated on the Planned Development . In the event that Phase JV is not accomplished within 5 years from the date of final approval of this Planned Development, all rcmainin& landscaping must be installed by the close of the followin& plantin& season . • ...... •. I . • 0 '32 x l ]- • • 0 I• • circulation may change as a result. At this point in time, the precise impact of this access permit process is difficult to determine . The City staff will work with the owner to insure adequate and safe access. 4. Minimum requirements for usable open space shaJI be set through the overall design and amenities proposed for development. The total dcvclopablc area for this site is 126, 210 square feet. The Landscape Ordinance requires that 10" of this site be landscaped with one half of the 10" to be devoted to live plant material . Given the significant amount of undevelo- pable land on this site coupled with the fact that the majority of the undevelo- pablc area is in flood plain and will remain in native vegetation and stream bot- tom, only the living ponion of the landscaping is bcin& required . The required live landscaping area for this site is 6,311 square feet with 12 ad- ditional trees on the Broadway frontage. The landscape plan shows a total of 6,790 square feet of landscaping and 12 trees 10 be installed in Phases l, II and JV. 5. The number of off-street parking spaces in the proposed development shall not be less 6. than the requirement of the Comprehensive Zoning Ordinance . The Phase I of the development will not require additional off street parking . Currently , there are 22 spaces provided adjacent to the 180-190 West Lchow Avenue building , 17 of which are located in the fenced area nonh of the auto reconditioning area . This facility will not be open to the public and employee parking for this facility is provided in an emrloyec lot cast of the Bun Toyota Dcalership. Phase 11 includes the addition o a 4,000 square foot building for new and used truck sales. The parking requirement for this phase is 1 space for each 2 employees and 2 spaces for each 300 square feet of interior office/sales space . With 12 employees, 6 parking spaces are required as well as 26 spaces for the 4,000 square feet of office/sales area . 44 spaces are bein& provided in this phase , 12 more than required. Phase Ill calls for the conversion of the restaurant at 5211 South Broadway to office use. The office parking standard requires I space for each 300 square feet of net rentable area . Final interior design for this office has not been completed and the actual number of parking spaces needed can not be accurately determined. A worst case can be calculated based on gross floor area rather than net floor area. Thus, this 5,455 square foot building would need 18 parking spaces to meet the parking requirement. 46 spaces arc available adjacent to this building, siJ.nificantly more than even the worst case requirement and therefore parkin& will not be a problem. The development must also make provisions for handicapped parkin&. Phase I will require I handicapped space, Phase II will require t handicapped spaces, Phase Ill will require l handicapped space for a total of 4 handicapped spaces. Suffi- cient space on-site exists to accommodate this requirement. Site Plan . The approving agencies shall be satisfied that the site plan for the Planned Development meets all of the following requirements : a. If the proposed development includes multi-family or nonresidential buildin&s or structures and is adjacent to a sin&le-family residential use district, the develop- ment shall contain a buffer . .. .... "' - • . .. I . • 0 - - • " -• • ,~ • • Phase Ill calls for the conversion of the structure at 5211 South Broadway from restaurant use to office use. The applicant is requesting that the landscaping for this Phase be installed as a pan of Phase IV. Phase IV calls for the demolition of the structure at 5211 South Broadway and development of the site as additional vehicle display area along with 2,210 square feet of live landscaping. In reviewin& a Planned Development, the following Slalldards are to be applied: 1. Uses Permitted. The use of the propeny which is the subject of the Planned Develop- ment, shall be a Permitted Principal Use in the Zone District in which the DeYelopment is located, or a use permitted pursuant to other provisions of the 2.onin& Ordinance. The proposed commercial redevelopment of the subject ~ is ~tted in the 8-2, Business Zone District. The body and J)llnt shop. while not a permitted use in the B-2 district, is considered an ancillary service of new and used car dealers. The proposed body shop is for use by the Bun Dealerships and is not open to the public. 2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. The Comprehensive Plan has established the following goals for the commercial corridors in the City: To encourage and support rhe viruliry and the existing varitry of established businesses. To pm,•ide tht climate for a1trac1ing new busil'U!ss, thus increasing our tax bast. To upgrade marginal uses and 10 rtplact or rehabilitatt dtttrioroling SITIIC- tures. The proposed Planned Development is consistent with these &oals by providin& for the expansion of an existinJ business as specified in Phase I, and the cra- tion of new businesses, as specified in Phases II and DI. In addition, the reno- vation of the existing warehouse structure for auto related uses returns the building to a use that is more consistent with the predominate land uses and character of this area. 3. The Planned Development's relationship to its sunoundin&s shall be considered in or- der to avoid adverse effects to the existin& and possible future development cauted by traffic circulation, building hei&ht or built, lack of screenin& or intrusions of privacy. When Phase IV is completed, this site will have fewer structures on it than it does in its current state. Initial development calls for the reuse of the existing structure at 180-190 West Lebow Avenue. Future development calls for the demolition of the structures at 5201 South Broadway and 5211 South Broadway, as well as the addition of 4,000 square feet to the 180-190 West Lebow Avenue structure. Building height or bulk, lack of screenins or inttusions of privacy will not be an issue in this development since fewer structures will result from the proposed development. Traffic circulation cunendy will be adequate; how- ever. as development Proaresses, new access permits from the Colorado De- panment of Transportation will be necessary and curb cut location and internal I. • 0 - • • 0 • PROCEDURE; The Planning Commission is ~uired to hold a Public Hearing on the proposed Planned De- velopment. The recommendation of the Planning Commission to approve, or deny the Planned Development must be forwarded to City Council within 30 days of the Public Hear- ing. City Council may choose to hold a Public Hearing on the froposed Planned Develop- ment, or the City Council may act upon the recommendation o the Planning Commission without holding a Public Hearing. BACKGROUND; The subject propeny is currently developed with three structures, two of which house restau- rants, and the third has recently been used for storage and door manufacturing. COMMENTS FROM omER DEPARTMENTS; Utj)jtjes Depanment: Prior to issuance of a demolition permit, water must be cut at the water main in Broadway, and sewer must be cut and plugged at the propeny line. All cut-offs must be inspected by the Utilities Dcpanment. Public Works Depanment, Traffic Divjsjon: The Traffic Division comments are as follows: I) Gates on West Lehow Avenue shall not open outward across the sidewalk. 2) The existing curb cuts on South Broadway (four) shall be consolidated into one curb cut. 3) Broadway is part of the State Highway system; curb cut approval is dependent on the COOT approval . 4) Four parking spaces (one in Phase I, one in Phase 11; two in Phase 111) shall be elimi- nated. ANALYSIS; The subject site is owned by Bun Automotive Companies . The proposed Planned Develop- ment is intended to govern the phased renovation of the total site into a car and truck service center, with ultimate plans for truck sales. The site is an irregular shaped parcel containing 172,686 square feet. The site also contains a 75 foot wide Public Service easement on the southwestern portion of the site and approximately 25 ti of the site is situated in the Big Dry Creek JOO-Year Flood Plain. The effect of the flood plain on this site is to reduce the develo- pable portion of the site to 126,210 square feet. For the purposes of this Planned Develop- ment only the developable portion of the site is used for calculatin& landscapin& requirements. Phase I includes the renovation of the structure at 180-190 West Lehow Avenue for use as a used car reconditioning center, body and paint shop, and commercial vehicle sales. Since the renovation involves only interior work, no additional Jandscapina would be required for this phase. Phase 11 will include the demolition of the structure at 5201 South Broadway and a 4,000 square foot addition to the east side of the 180-190 West Lehow Avenue structure. This acidi- tion will house the new and used medium-duty truck sales facility. As a pan of this phase, 2,000 square feet of Jive landscapin& will be provided. • ..... •. I . • 0 ]- ] STAFFREPORT CASE NO. 9-95 STAU REPORT RE; • • - Planned Development filed on behalf of S200 Investments, Inc. DATE TO BE CONSIDERED; October 17, l 99S NAME Al'D ADDRESS OF APPLICANT; ,. John H. Held, V.P./G.M . -LGC Management, Inc . As General Panner 5200 South Broadway Englewood, Colorado 80110 NAME AND ADDRESS OF PROPERTY OWNER/LESSEE; S200 Investments, Ltd ., with LGC Management as Managing Panner 5200 South Broadway Englewood, Colorado 80110 LOCATION OF PROPERD'; S201, S203, 5211 South Broadway 180 West Lehow Avenue Englewood, Colorado 801 JO LEGAL DESCRIPTION; See Planned Development Site Plan ZONE DISTRICT; B-2, Business RELATION TO COMPREHENSIVE PLAN; The 1979 Comprehensive Plan desianates this site for commercial development. ' ,,,_ • . ~ I . • 0 , ]- - • II ~ " • • <. 4. Soutla Broadway carb cats. Closure of curb cuts on South Broadway wiD only ocaar at the time the parcels are redeveloped . At that appropriate time the City will work with the property owners and the Colorado Department ofTransponation to insure adequate accaa for the development . !5. Desip of bllldiat additiea. The Applicant hu added buiJdina elevations for· the ~ 4,000 .... foot addition to the 110-190 West Lebow Avemae buiJdina. nae eleYllionl reflect the c:urnnt corporate building design recommendations of oth« Bun on Broadway &cilitiel . BEC0MM£NDAJJ0N; The Neipborhood and Business Development Division recommends that the Planned Development filed on behalf of 5200 Investments. Ltd., be approved and forwarded to City Council for approval . · s . ,. • I . . 0 , '.l'l y I - • • ,. - • 2. Development phuin1. The Applicant has revised the Planned Development submittal and eliminated the phasing options due to uncertainty regarding the termination of the CWTellt restaurant leues. Phasing may have been construed to mean that there would be a certain time table for development . In closer review, it appears more appropriate to discuu the project u development occurs . The Applicant has indicated how three distinct areas or "parcels" of the lite will be developed . The proposed development of the site includes auto reconditioning aervices for the Burt on Broadway dealerships and medium duty truck sales and aervice . Parcel A development covers the 180-190 West Lebow building and includes the propo~ ~ shop and auto reconditioning center . In discuuions with the Applicant, additional landlcaping will be provided along the west side of this building . A portion of the required parking for this site ( employee parking) will be provided in the Bun employee parking area located on the east side of South Broadway as permitted by Section 16-S-S A 18 D. The total number of spaces provided for Parcel A exceeds the minimum requirement. The proposed development of this parcel will be completed by the first quarter of 1996 . Parcel B development includes the demolition of the ltJUcture at 5201 South Broadway and a 4,000 square foot addition to the east side of the 180-190 West Lebow Avenue structure. This addition will house the new and used medium-duty truck sales facility. As a part of this phase 2,000 square feet oflive landscaping will be provided . Parcel C development may occur in one of two ways . The first option calls for the conversion of the structure at 5211 South Broadway from restaurant use to office use. No additional landscaping would be provided under this option since there is existing landscaping in place . The second option call for the demolition of the structure at S211 South Broadway and development of the site as additional vehicle display area along with 2,210 square feet of additional live landscaping . The development of the parcels is not required or expected to be sequential . 3. Value of developmaat to City. The term "value" is not mentioned in the Planned Development reaulations as a criterion by which a development is judged . However, implicit in the replations is the idea that approved developments will add "value" to the community . The issue then becomes bow to define value in the context ofland use planning . Value cannot be simply defined in terms of economic benefit to the City . The meaning of value should be considered m terms of bow the proposed development contributes to achieving a balance of uses for the City . Given the predominance of auto related land uses alona this uea of South Broadway, the proposed development is consistent with this pattern and in &ct IUppol'tS the contimed vitality of these type of uses . Also the proposed develOpment meets the aoals established by the Comprehensive Plan for the commercial conidon in the City . Thae 1oals are : To encourage and s,q,port the vitality and the aisling 1/0riety of establish,d businesses. To provitk the climate for attracting new ln,sine.ss, tllllS increa.rlng °"' tar base. To upgrade marginal 11.Ses and to rq,lace or rehabilitate deteriorating Slr'IICttlns. The value of this proposed development is derived, in larp pan, &om meetin& thae aoaJs . .. - 4 ....... I· • 0 '32 x l ] • • • - of design of urban land use . 11wse ~latians are farther intmded to insure improved pedestrian and vehicular circulation facilities and _the provision of 'IISI/Jbk opo, space while insuring adequate standards relating to the Jlllblic health. safety, welfare and convenience in the use and occupancy of buildings and facilities. 11w amenities and compatibilities <!I the Planned Development classification are to be Wllnd by dte adoplion of a Developmmt l'Jan, which shall consist of maps, diagrams and writlen SlalemenlS #lting forth land use relationships and development Sllnlt,ds. 11w Plam«l Developmmt classification is to be applied to land only "I""' specific 'f'Plication by the owner or oimm-of the kn:I, and after approval by the City Planning and 1.oning Commission and City Council Constn,ction on said land shall take plaa only after the approval of dte apprrwed pa, and its allendant documents have been recorded in the Of/ia of the Cleric c,,a&carder of Artplhoe County, Colorado. PlaMed Development approval is generally required under two sets of circumstances . The first being for certain types of multi-family residential developments, and the 11CCOnd, and more common, for the development of commercial or industrial parcels with ID area of one or more acres. The PlaMed Development process allows the City to have a reasonable expectation as to how a particular parcel or area will be developed over time . For example, if several buildings will be constructed over a period of time, then the timing of the construction is imponant to know so that the City can insure that necessary infrutruc:ture and service changes or additions are coordinated with the proposed development. On the other hand , Planned Developments that call for the redevelopment of a site, especially those which will have fewer structures in their redeveloped state , timing of the development is not as critical as ensuring that the redevelopment is compatible and well integrated with adjacent land uses . A PlaMed Development is not a guarantee that a specific parcel will be developed as proposed . It does guarantee however, that when development occurs, it will be governed by the approved PlaMed Development. From a practical standpoint, few developers will invest the wne and energy in a PlaMed Development if there is not a reasonable chance it will succeed . Still, it must be recognized that some degree of uncertainty exists in all development proposals . The staff' policy reiarding changes in approved Planned Developments is that if the proposed change or modificatton results in a development with fewer or Jess negative impacts on the conununity, the change is approved administratively . The types of changes permitted under this policy are those related to physical improvements rather than uses . The Commission identified five areas of concern regarding this proposed Planned Development at the October 17 , 1995 Public Hearing .. They are addresses as follows : 1. Auto body sbop u • permitted ue venus an ancillary me. Body shops have historically been considered as part of the services provided by car dealers and staff policy has been to permit them u such . The prohibition on body shops in the conditional use regulations was applied only to independent or "free standing" body shops . Also, coupled with land use is the issue of the location of the propoaed body shop . Specifically, that of the body shop being considered "off-site" &-om the present Bun dealerships . First, the B-2 district permits automobile sales and does not specify that any of the other services provided by a dealer must be located on the same parcel &om -which automobiles are 10ld . Second, the Applicant has indicated that the purpose of this body shop is to service only those automobiles which are received as "trade-ins" that will be mold through the Bun Dealerships and will not be open to the general public . This body shop is then clearly a "service" provided by the dealer in accordance with staff policy and thus a permitted use under the Planned Development process . 3 --,......_._,.._.,_,.,.:r I I . ... • l:,. t" I . • 0 ]- • • 0 , . • The Comprehensive Plan has established the following goals for the commercial corridors in the City : To encourage and SllfJPOl'I the vitality and the nisting Wlriety of established businesses. To provitk the climate for attracting new business, tlnls increasing our 11:a "base . To upgrade marginal uses and to replace or rehabilitate tkteriorating structures. PROCEDURE; The Planning Commission may reopen the Public Hearing on the proposed Planned Development to consider additional testimony . The recommendation of the Planning Commission to approve, or deny the PIIMed Development must be forwarded to City Council within 30 days of the Public Hearing . City Council may choose to hold a Public Hearing on the proposed Planned Development, or the City Council may act upon the recommendation of the Planning Commission without holding a Public Hearing . BACKGROUND; This Planned Development has been proposed as a result of discussions between representatives of the Bun Dealerships and City staff concerning the type of uses proposed for this property and the relationship of those uses to the entire Bun on Broadway operation . The proposed Planned Development represents an expansion of the Bun on Broadway operation beyond the existing dealerships on the east side of South Broadway . The subject property is over one acre in area and all uses proposed in the Planned Development are permitted under the B-2, Business District regulations . The subject site is owned by Bun Automotive Companies . The proposed Planned Development is intended to govern the phased renovation of the total lite inlo a med car and uuck service center and commercial and medium duty truck Illes. This case was first considered by the Planning Commission on October 17, l 99S . During the course of the Public Hearing the Commission identified five areas of concern reprdina the proposed PIIMed Development . The areas of concern were : l . Auto body shops as a permitted use in the B-2 District . 2. The phasing of this development . 3. The value to the City of this Planned Development . 4. Consolidation of curb cuts on South Broadway . S. Design of the proposed buildins addition . These concerns are addressed in the Analysis section of this repon . ANALYSIS; The preamble of Section 16-4-lS Planned Development District states : 11,e purpDSI of this :-ction is IO pm,,it. tnl ~ h,lflkution in tJw loc:ation of stnletllres arJ the 'f'P"Ol1'10lt nlalionshlp of wrillrs ~ tffl JhCftns IO tlwir silts without inhibiting the polffllial ~s o/ w ad illto.ghtatM l6C:#nqws ad conc,q,a 2 ...... •. .. I . • 0 - - • • • • STAFf REPORT RE; Planned Development filed on behalf of S200 Investments, Inc . DATE TO BE CONSIDERED; November 7, 1995, continued from October 17, 119S NAME AND ADDRESS Of APPLICANT; John H . Held, V .P./G.M. -LGC Management, Inc . As General Partner 5200 South Broadway Englewood, Colorado 80110 NAME AND ADDRESS Of PRQPEBIY QWNJM;JSQE; 5200 Investments, Ltd ., with LGC Manapment u M1J118ina Partner 5200 South Broadway Englewood, Colorado 8011 O LOCATION Of PRQPERD'; 5201, 5203. 5211 South Broadway 180 West Lehow Avenue Englewood, Colorado 80110 LEGAL DESCRIPTION; See Planned Development Site Plan ZONE DISTRICT; B-2, Business U:LATION TO COM'fBtBINSJYI PJMI; The 1979 Comprehensive Plan deeipet• du 1i1e for coaimacill clm1bp .,._ ..... "' - • . ... I . • 0 '32 x l ]- • • ,,. - 0 t• • '· BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED; This 4 acre area, south of West Belleview Avenue and west of South Broadway wu annexed to the City and zoned for commercial development in 1964 . The site is irregular in shape, and includes a ponion of the Big Dry Creelc 100-Year flood plain u well u a 75-foot wide Public Service easement. The flood plain and easement have effectively reduced the developable area of the site by approximately 25%. The proposed Planned Development is intended to govern renovation of the total site into a car and truck service center, and medium duty truck sales lot. An existing structure at 180-190 West Lebow Avenue will be renovated for use u a used car reconditioning center, body and paint shop . A 4,000 sq . ft . addition to the eastern side of this structure will house new and used medium-duty truck sales . The restaurant structure at 5201 South Broadway will be demolished in conjunction with this ponion of the development. Another restaurant structure at S21 l South Broadway will be convened to office use, and eventually demolished to provide additional vehicle display area. The proposed Planned Development meets all of the underlying zoning requirements . The required amount of landscaping provided by this Planned Development is bued on the developable area of the site rather than the total site area . This accommodation was made due to the fact that the undevelopable ponion of the site is covered in native vegetation. The proposed redevelopment of the site is also in conformance with goals cited in the Comprehensive Plan by providing for the expansion of an existing business and creation of new businesses. During the October 17, 1995 Public Hearing the Planning Commission raised issues regarding allowance of auto body shops/paint booths u ancillary uses, phasing of redevelopment, value to the City of the redevelopment, curb cuts on South Broadway, and design of the proposed building addition . Following this meeting the staff' met with the Applicant and discussed these issues reaching an agreement on the submission of a revised Plan Development . At the November 7, I 99S Public Hearing the revised Plan wu presentr.d and after deliberation the Planning Commission approved the Plan with two conditions . These conditions have been incorporated into the Planned Development with the agreement of the Applicant. FINANCIAL IMPACT; The redevelopment of this site will i.ncreue revenues to the City, short-term through permit fees and long-term through increued tax revenues . LIST QF ATTACHMENTS; Resolution Staff' Repon dated October 17 , I 99S StaffRepon dated November 7, 199S Findings of Fact 2 ....... • . •· • 0 ]- •' • DATE: --,is,•• INITIA'l'Dn': JalmR Held. VP/OM,, LOC It? I ·-. Inc .. • 0 - .. COUNCIL COMMUNICATION COUNCIL GOAL AND PREVIOUS COUNQL ACTION; Council Goal : Economic Development Previous Council Action : On December 4, 1995, City Council tet a Public Hearing on this matter for January 15, 1996 . Previous Plannioa Commission Action : The Plannins Commission considered this Planned Development at a Public Hearing on October 17, 1995 and which wu continued to November 7, 1995 . RECOMMENDED ACTION; City Council , on the recommendation of the City Planning and Zoning Commission, is requested to conduct a Public Hearing to consider the Burt Planned Development. The City Planning and Zoning Commission recommends approval of this Plamed Development with the following conditions : 1. 2. The appl icant shall comply with required minimum landscaping requirements for Lots A, B, and C, that being that 10-/e of the total lot area shall be landscaped, with at least 50-/e of the landscaping to be live material, and 10-/e of the required landscaping shall be in front of the front building line . The auto body shop and paint booth are recognized u acceuory uses to an auto sales dealership . The auto body shop and paint booth shall not be allowed u he-ltanding uses . ' J I . • 0 - • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STAlE OF COLORADO I, a.Ml J. 1,-,.y do IOlermly IIW9a' hi I an 118 A-.. Md ,,...,.,of 118 8""""°°" ,__ hi 118..,. II a wealdy rl8WIPIP8I' ll,tllltm In h Cly of l..llllelon in the Coul1y of ~. State of CoalldD , and has a general ciaAalion hreln; ... 111d ll8WIPIP8I ha been published continuously and lri18II\Clldt In said CcU'ly d ..,... tor a J)8llld al mare IW'I 52 weeks ptor to .... ~ d .. arNX8d nallce. ... said l"l8W8pllp8I' is .... In .. POii Office of L.lfllal, QJaadQ, • a.x,r1d class mail matter and that the said newspaper Is a newspaper within the meaning of the act of the General Assembly of the State of ColondO, approved March 30, 1923, and erdled 1..egal Notices and Adv8l1laemern" and other acts relating to the printing and publishing of legal notice and was ptistlad lnb ~and--ilaad said newspaper, once each week. on h sane day or each week. for a period ol ........... / ..................... . consecutive insertions: thal the first ;;ic::i,o~lc~s in the /~~/..1:.,IJ..5 and the last publication of said notice was in the lsSue ol said newspaper • 0 , . • ENGLEWOOD -mr--=-_,._....,_.,.ca, Caunolal .. ~ .. _. ~"='-™="111Ci =···£",==: _.. __ IIIITI_ -u,r--CIN-. .. __ .. -..,,. , ........ Cir-~ ca, -·----~ c:-.::--...... _ ...... _ .. _ ... ..:~ .. =::=~.,,.:-.:-..:: =r~==---: ____ ......... _ .... -... -. ~-order al Ille~ Cl1y .._,._-.CIIC CllrCIIIII aira1.....- ____ &..-,«-111110 --""-~-- •• ... I· • 0 ...... ]~ • • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO cn.NTYO::ARAPAHOE I, Gerard J. Healey do solermly swea- lhal I .rn the Presld/ll'l and l'f.M6IW or 1he En(/lllwood ,__ It& ht ... is a weekly l'18W!PilP8I' p.l:Jl&t8' il Iha Cly or Littleton in the Counly ol Arllpaht», State of ColoradO. and has a general at1Jlalion lhereil; 1hal said newspapel l"8S been published continuously and unit~ in said Ccutyor Anp/m b' a period or more ltwl 52 weelcs plor ID the first publlaion or Iha ..... ec1 notice. 1hal said nawapeper ill erillr8d il ht Poet Office or L.lltWon, eo.tndrJ, as second class mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30, 1923, and erttled 1.ega1 Notices and Advertisemerts" aro other acts relating to the printing and publishing of legal notice and was l)l.tllistled in the l8!J.& an:1 er11re issues or said newspaper, once each week, on the same day or eacti week. lor a period of ........... / ..................... . consecutive Insertions : that the first publication of said notice was in the isr, of said newspaper dated /£.!u{/JZ?.:4.£.-?c!/4.1,/1.$ and the last publication ol said notice was in the issue of said newspaper dat~ .............. ~ .............. 19 ... . .... ..r ............ : ................... . S1 nature • 0 t• - ENGLEWOOD N01ICIOFIWUC--;, ___ ... Clly ;:-_,:.~';:l~-= A ,.,__ DEVELOPMENT AE<IUUT· ED FM* 5200 INI/Bll,IENTS. NC. FOR ~=-~ZoA=~ CENTER ANO MEDIUM DUTY - SALES LOT FOIi IUIIT ON-· on Monday. JNAJAIIY 1 I . 1-. • 7::ID p.m. "'lho Clly ~ ~ Clly -·----~ C:.00:::.---... 6ofW in PlflO" ... ..: ...... Of" =:.::~..,,~~= ~~c.:.:-=~J.."': --..-···· ................ ly order of me Engtewooel City .c-,,1. ,,_..A.EIII.CMC ca,~ 00,GI&..- ____ e....-. Oalola, 111110 PutllWlld oec:.nmt 14, ,. ~-- ,- •. .. I • • 0 ...... I I (;I ' '32 x l • - • t• • , Cs~WG LEITER OF TRANSM ITTAL DATE I JOB ~'ltl &--.1!;, 'IDIIII Ar:~·- TO Clyal&"~ P&lq Depmw• I "'ii. .. AM, At,nn ~ Solllb 8111 ~ -co El-1¥1 coao11n WE ARE SENONC. YOU THE FOI..LOWING ~ Kl Attached Cl Under separate cover 1P via Del~ COPIES DATE DESCRIPTION 1 01/15198 Cerllcalon of Pollk1a • 53)3 Scdl - 1 01/15198 Ce111c1Mc,1 of Poll*la aa 53>1 Scdl -. 1 01/15198 Cel1lcllllon of Pollk1a aa 190 Welt Lehow Awrue 1 01/15198 Cedlcllal1 of ~ aa 5211 Scdl -~ THESE ARE TRANSMITTED as checked below : :,p For your information *1 For your use Cl No exceptions taken Cl As requested Cl For review and comment 1:1 Exceptions as noted Cl Returned for corrections CJ REMARKS - - e<:RYTO Hn Held Q,GC) IIIONED GIIYM.Hlldlon CONCEPTS WEST ARCHITECTURE, INC. e ARCHITECTS AND PLANNEIS 202 East Cheyenne ~aln Blvd .. Suite Q • Colorado Springs . CO 80906 '- (71 9) 576-1555 (719)576-1631 -Fax I enclol urN ere not n noled, kind ly notly UI • OIICe. • -...., I -,, I . ' .. • I . . 0 1 32 x l ]- ,. r' (, C E R T I F I C A T I O N [ 1 Board of Adjustment and Appeals l 1 City Planning and Zoning Coa1ssion [X] City Council CASE NO. ------ • • • 0 F P O S T I N G ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property. Address: 5203 South Broadway Englewood, CO Legal Description: See attached Legal Description -1 - .,, - • . ... I . . 0 '32 x l -• • I hereby certify that the above described property was posted continuously for State of Colorado ) ) ss ) Planner Relation to Property Date County of «ii,i~~« El Paso SubSJiribed and sworn to before me this /S~ day of ~U.12.A{ 19 ~(p ~~'--~~ __,I 6585 Goldfield Drive Address Colorado Springs, CO 80911 Hy Conntssion expires: __ s_e;,,:.p..:.te..:.m_b_e_r_3_0..:., _1_99_6 ___ _ A separate certification should be presented for each Notice of Hearing Sign. Such certification may be submitted to the Department of Connunity Development prior to the Hearing or presented at the Hearing . PCForm09 -2 - ..... .. I . . 0 'J2xl -• ... . )iii(!iiGffi~~:r.~::•~,,...,,,a,., ...... · ~}1jV)fl-(j,,.:;.: . : · .. · .. . . ::A::~>\:~~:~:·.£'£~:A £ 1J £SC t I !P 'I IO?{.: PER CLIENT .; .. ~.\"'~ .. :.-,:.··:·t-;t,.:.· ,,, ···~ ... . · .... · : >'·PARCEL 1: (/·.,/·-:\,:H:..,: PORTION oF TRACTS 11 AND 18. INTERURBAN ADDITION. ·· '. · . :··AS DESCRIBED AS FOLLOWS: , .. :·.· ;' . ' ' I,, ':·· .. \ .. ; .: :.. ',.BEGINNING AT A POINT WHICH IS 253.73 FEET SOUTH OF THE ... : . : . · NORTHEAST CORNER OF TRACT 17, INTERURBAN · ADDITION: ·· THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 17, 498.07 FEET; THENCE NORTH 40 DEGREES 57 MINUTES WEST 425.5 FEET; THENCE SOUTH 42 DEGREES 52 MINUTES WEST 339.75 FEET; THENCE NORTH 426.08 FEET, TO A POINT ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE EAST 510 FEET TO THE POINT OF BEGINNING; AND, COMMENCING AT THE NORTHEAST CORNER OF LOT 17, INTERURBAN ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17, A DISTANCE OF 253.73 FEET; THENCE WEST 410.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 100 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 18 AND ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE NORTH 63 DEGREES 33 MINUTES EAST, A DISTANCE OF 111.71 FEET ALONG THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT 17, A DISTANCE OF 49.79 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO. SAID PARCEL CONTAINING A TOTAL AREA OF 166,193 SQUARE FEET OR 3.815 ACRES. PA.RCIL 2: THAT PORTION OF TRACT 18, INTERURBAN ADDITION, DESCRIBED AS FOLLOWS: . ·.·• •. "' - ·. -COMMENCING · AT THE NORTHEAST CORNER OF TRACT 17, INTERURBAN •· . 'ADDITION,'· ·Tt:tENCE SOUTH 63 DEGREES 33 MINUTES 00 SECONDS WEST ALONG ··THE NORTH LINE OF SAID TRACTS 17 AND 18, A DISTANCE OF 404.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22 DEGREES 28 MINUTES 30 SECONDS EAST A DISTANCE OF 79. 77 FEET MORE OR LESS TO A POINT; THENCE WESTERLY A DISTANCE OF 75.01 FEET MORE OR LESS TO A POINT; THENCE NORTHERLY A DISTANCE OF 49.79 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF TRACT 18; THENCE NORTH 63 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF TRACT 18, A DISTANCE OF 53.24 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO. SAID PARCEL CONTAINING A TOTAL AREA OF 3,943 SQUARE FEET OR 0.091 ACRE. PA.RCIL 3: .THAT PART OF PLOTS OR TRACTS 17 AND 18, INTERURBAN ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTl-£AST CORNER OF PLOT OR TRACT 17, MERURBAN ADDITION; THENCE SOUTH ALONG Tt£ EAST LNE OF SAD PLOT OR TRACT 17, A DISTANCE OF 253.73 FEET; THENCE WEST AT RIGHT ANGLES 200 FEET; TO THE TRUE POINT OF BE~G; THENCE WEST 210.01 FEET TO TI£ SOUTHEAST CORNER OF TRACT CONVEYED N BOOK 1759 AT PAGE 285; THENCE NORTH PARALLEL TO Tt£ EAST Lt£ OF PLOT OR TRACT 17 AN> ALONG THE EAST LINE OF TRACT DESCRSED N BOOK 1759 AT PAGE 285 A DISTANCE OF 49.79 FEET TO THE SOUTH LNE OF WEST LEHOW AVENUE: THENCE NORTH 63 DEGREES 33 MINUTES EAST ALONG Tt£ SOUTH Lt£ 234.65 FEET, MORE OR LESS, TO A POINT ON A LINE 200 FEET WEST AN> PARALLEL. FROM THE EAST LINE OF SAID PLOT OR TRACT 17; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID PLOT OR TRACT 17 154.23 FEET TO THE TRUE PONr OF BEGINNING, COUNTY OF DENVER, ST ATE OF COLORADO. EXCEPT THAT PORTION DESCRIBED AS PARCEL 2 ABOVE ANO EXCEPT THAT PORTION DESCRIBED N DEED RECORDED SEPTEMBER 5, 1969 IN BOOK 1831 AT PAGE 471. SAID PARCEL CONTAINING A TOTAL AREA OF 2,550 SQUARE FEET OR 0.059 ACRE. ., .---~--- .. ,• ~---~---~-· .- .. I . • 0 ]- • • • • C E R T I F I C A T I O N O F [ ] Board of Adjustment and Appeals l] City Planning and Zoning Commission [X] City Council CASE NO. ------ - POSTING ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property. Address: 5201 South Broadway Englewood, CO legal Description: See attached legal Description -1 - •. I . . 0 ]- ]- • • , . . • ' .. I hereby certify that the above described property was posted continuously for a period of ___ .i.,.)~---4--days, from j";ECEt:ffM 2f, /?'ff Planner Relat;on to Property rush?, Date 7 State of Colorado ss County of J«l«lM~« El Paso 1. Sub::ribed and sworn to before me this _..s.../ .... S..._lJ.:!. ___ day of~uttr~ 19 ~{, ./ NoaryUlCO 6585 Goldfield Drive Address Colorado Springs, CO 80911 Hy Commission expires: __ S_e_,_p_te_m_b_e_r _3_0..:.., _1_99_6 ___ _ "'~ A separate certification should be presented for each Notice of Hearing Sign. Such certification may be submitted to the Department of Co11111unity Oevelopaent prior to the Hearing or presented at the Hearing. PCForm09 -z - ..... I . . 0 ]- • • U~Lli!Gf;!Ml(}.~~S"·'~,, .. (, ' . · ...•... " ... · ~~!Y01M~}.F{:. '. · .. , .. . . -. ~~::~;.:·;\;:'?£ $ g 'Jl £ · 'D $ S C l I f '! I O ?{. : PER CLIENT ;·~;-~.;.:·>:.:. _.:~,.:-;·· ... :·-~ ... . . · ·':. ·. :">PARCEL 1: ~)):,/·-:?THAT PORTION OF TRACTS 17 AND 18, INTERURBAN ADDITION, .·· . .':. ,'. .. ,::·~-~ ... D.~SCRIBED AS FOLLOWS: . :: '.': .. :·.:/BEGINNING AT A POINT WHICH IS 253.73 FEET SOUTH OF THE . · ; ~ · · . · NORTHEAST CORNER OF TRACT 17, INTERURBAN · ADDITION: : THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 17, 498.07 FEET; THENCE NORTH 40 DEGREES 57 MINUTES WEST 425.5 FEET; THENCE SOUTH 42 DEGREES 52 MINUTES WEST 339.75 FEET; THENCE NORTH 426.08 FEET, TO A POINT ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE EAST 510 FEET TO THE POINT OF BEGINNING; AND, COMMENCING AT THE NORTHEAST CORNER OF LOT 17, INTERURBAN ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17, A DISTANCE OF 253.73 FEET; THENCE WEST 410.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 100 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 18 AND ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE NORTH 63 DEGREES 33 MINUTES EAST, A DISTANCE OF 111.71 FEET ALONG THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT 17, A DISTANCE OF 49. 79 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, ST A TE OF COLORADO. SAID PARCEL CONTAINING A TOTAL AREA OF 166,193 SQUARE FEET OR 3.815 ACRES. PARCEL 2: THAT PORTION OF TRACT 18, INTERURBAN ADDITION, DESCRIBED AS FOLLOWS: .·.-:-·.;COMMENCl~C :AT THE NORTHEAST CORNER OF TRACT 17, INTERURBAN•· ADDITION,';·THENCE SOUTH 63 DEGREES 33 MINUTES 00 SECONDS WEST ALONC ··THE NORTH LINE OF SAID TRACTS 17 AND 18, A DISTANCE OF 404.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22 DECREES 28 MINUTES 30 SECONDS EAST A DISTANCE OF 79.77 FEET MORE OR LESS TO A POINT; THENCE WESTERLY A DISTANCE OF 75.01 FEET MORE OR LESS TO A POINT; THENCE NORTHERLY A DISTANCE OF 49.79 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF TRACT 18; THENCE NORTH 63 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF TRACT 18, A DISTANCE OF 53.24 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO. SAID PARCEL CONTAINING A TOTAL AREA OF 3,943 SQUARE FEET OR 0.091 ACRE. PARCEL 3: .THAT PART OF PLOTS OR TRACTS 17 ANO 18, INTERURBAN ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,,, _ BEGINNING AT THE NORTHEAST CORNER OF PLOT OR TRACT 17, INTERURBAN ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID PLOT OR TRACT 17, A DISTANCE OF 253.73 FEET; Tl-ENCE WEST AT RIGHT ANGLES 200 FEET; TO THE TRUE POINT OF BEGlflNNG; THENCE WEST 210.01 FEET TO TI£ SOUTHEAST CORNER OF TRACT CONVEYED IN BOOK 1759 AT PAGE 285; THENCE NORTH PARALLEL TO Tl-£ EAST LINE OF PLOT OR TRACT 17 AND ALONG THE EAST LINE OF TRACT DESCRIBED IN BOOK 1759 AT PAGE 285 A DISTANCE OF 49.79 FEET TO THE SOUTH LINE OF WEST LEHOW AVENUE: THENCE NORTH 63 DEGREES 33 t.CINUTES EAST ALONG Tl-£ SOUTH LI£ 234.65 FEET, MORE OR LESS, TO A POINT ON A LINE 200 FEET WEST Atl> PARALLEL FROM THE EAST LINE OF SAID PLOT OR TRACT 17; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID PLOT OR TRACT 17 154.23 FEET TO 11,£ TRUE POtrr OF BEGINNING, COUNTY OF DENVER, ST A TE OF COLORADO. EXCEPT THAT PORTION DESCRIBED AS PARCEL 2 ABOVE ANO EXCEPT THAT PORTION DESCRIBED N DEED RECORDED SEPTEMBER 5, 1969 IN BOOK 1831 AT PAGE 471. SAID PARCEL CONTAINING A TOTAL AREA OF 2,550 SQUARE FEET OR 0 .059 ACRE. .... • =: ·• • ~ . . . . . . . ~. \. ..... ' .. •. I . . 0 1 32xl - ]- • • . • ' C E R T I F I C A T I O N O F C 1 l ] [X] Board of Adjustment and Appeals City Planning and Zoning Co11111tssion City Council CASE NO. ------ ,. - ,~ POSTING ATTACH PHOTOGRAPH HERE _______ J Attached is a photograph of a sign as it ts erected on the following described property. Address: 190 West Lehow Avenue Englewood, CO Legal Description: See attached Legal Description -1 - .... I . . 0 , - • • • t• . • ' ~- I hereby certify that the above described property was posted continuously for a period of _ __._l°l......_ ___ days, fro11 -,4,Pfaa..i~ttu.ew.-~-=---=2.=:S:..i,--1.(q..J.....'7L...5"----- to .\WU~ 1s, /'77f ---r. t s,, .. ~R Planner Relation to Property D,t, #'It State of Colorado ) ) ss County of l~l«IM«« ) El Paso './;:I.. ~~b~zbed and sworn to before me this --+/ __ {; ____ day of-Ta11uay ~'----- 6585 Goldfield Drive Address Colorado Springs, CO 80911 Hy Commission expires: __ s_e_,_p_te_m_b_e_r _3_0_, _1_99_6 ___ _ A separate certification should be presented for each Notice of Hearing Sign. Such certification may be submitted to the Department of Connunity Development prior to the Hearing or presented at the Hearing. PCForm09 -2 - ,. - I . . 0 '32 x l -• . J.t!ii~~:,;·:,-.. ,.,..,.,,. . .,., ........... . ~ri;{~lt,J!f;/\ :·:. ~--· . ~¥.:~~;-\'.<<£ £ g-Jl £ ~ £ S C t I f '! I O ?{. : PER CLIENT- .:~~;/;}_: ... ';'•i .. -:;,· ,, .·.,... . . ··':. · . ...::··PARCIL 1: (}=_,·t·,::tTHAT PORTION OF TRACTS 11 AND 18, INTERURBAN ADDITION, ·· '· ·':··AS DESCRIBED AS FOLLOWS: I,·:... :·: .... ~ •: .. .'-: ,·: .. :':., .... t.BEGINNING AT A POINT WHICH IS 253.73 FEET SOUTH OF THE : · : ; · : ·· · . · NORTHEAST CORNER OF TRACT 17, INTERURBAN · ADDITION~ . THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 17, 498.07 FEET; THENCE NORTH 40 DEGREES 57 MINUTES WEST 425.5 FEET; THENCE SOUTH 42 DEGREES 52 MINUTES WEST 339.75 FEET; THENCE NORTH 426.08 FEET, TO A POINT ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE EAST 510 FEET TO THE POINT OF BEGINNING; AND, COMMENCING AT THE NORTHEAST CORNER OF LOT 17, INTERURBAN ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17, A DISTANCE OF 253.73 FEET; THENCE WEST 410.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 100 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 18 AND ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE NORTH 63 DEGREES 33 MINUTES EAST, A DISTANCE OF 111.71 FEET ALONG THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT 17, A DISTANCE OF 49.79 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO . SAID PARCEL CONTAINING A TOTAL AREA OF 166,193 SQUARE FEET OR 3.815 ACRES. PARCIL 2: THAT PORTION OF TRACT 18, INTERURBAN ADDITION, DESCRBED AS FOLLO:,VS: .···:-·· .. COMMENCING :AT Tl-£ NORTI£AST CORNER OF TRACT 17, INTERUU3AN 1• . ADDmoN::·Tl:IENCE SOUTH 63 DEGREES 33 MINUTES 00 SECON>S WEST ALONG ··THE NORTH LINE OF SAD TRACTS 17 AND 18, A DISTANCE OF 404.73 FEET TO THE TRUE PONT OF BEGINNING; THENCE SOUTH 22 DEGREES 28 MINUTES JO SECONDS EAST A DISTANCE OF 79. n FEET MORE OR LESS TO A POINT; THENCE WESTERLY A DISTANCE OF 75.01 FEET MORE OR LESS TO A POINT; THENCE NORTHERLY A DISTANCE OF 49.79 FEET MORE OR LESS TO A POINT ON THE NORTH LNE OF TRACT 18; THENCE NORTH 63 DEGREES JO MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF TRACT 18, A DISTANCE OF 53.24 FEET TO Tl-£ TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO . SAID PARCEL CONTAINING A TOTAL AREA OF 3,943 SQUARE FEET OR 0.091 ACRE. PARCIL 3: .THAT PART OF PLOTS OR TRACTS 17 AND 18, INTERURBAN ADDmON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PLOT OR TRACT 17, NTERURBAN ADDmON; THENCE SOUTH ALONG Tt£ EAST LINE OF SAD PLOT OR TRACT 17, A DISTANCE OF 253.73 FEET: Tl-£NCE WEST AT RIGHT ANGLES 200 FEET: TO THE TRUE POINT OF BEGl~G; THENCE WEST 210 .01 FEET TO Tl-£ SOUTHEAST CORNER OF TRACT CONVEYED N BOOK 1759 AT PAGE 285; THENCE NORTH PARALLEL TO Tl-£ EAST LINE OF PLOT OR TRACT 17 AND ALONG THE EAST LINE OF TRACT DESCRBED IN BOOK 1759 AT PAGE 285 A DISTANCE OF 49.79 FEET TO THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE NORTH 63 DEGREES 33 MINUTES EAST ALONG Tl-£ SOUTH LNE 234.65 FEET, MORE OR LESS, TO A POINT ON A LINE 200 FEET WEST AN> PARALLEL FROM THE EAST LNE OF SAID PLOT OR TRACT 17; Tl-£NCE SOUTH PARALLEL TO THE EAST LINE OF SAID PLOT OR TRACT 17 154.23 FEET TO Tl-£ TRUE PONT OF BEGINNING, COUNTY OF DENVER, ST A TE OF COLORADO. EXCEPT THAT PORTION DESCRSED AS PARCEL 2 ABOVE AN> EXCEPT THAT PORTION DESCRIBED N DEED RECORDED SEPTEMBER 5, 1969 N BOOK 1831 AT PAGE 471. SAID PARCEL CONTA NNC A TOTAL AREA OF 2,550 SQUARE FEET OR 0 .059 ACRE. •. I . . 0 - ' r' . ' C E R T I F I C A T I O N [ ] Board of Adjustment and Appeals l] City Planning and Zoning Co11111ission [X] City Council CASE NO. ------ • • l• • '· 0 F POSTING ATTACH Pll>TOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property. Address: 5211 South Broadway Englewood, CO Legal Description: See attached Legal Description • 1 • • " - • . I. 0 'a2 x l - • • • • '· I hereby certify that the above described property was posted continuously for a period of __ _.l .... ci-4--__ days, from :::t?f?er'."e:££ 2$, l".'nS Planner Relation to Property Date T J State of Colorado ss County of ««lll~i« El Paso --r:: Sub_>fri bed and sworn to before me this / t; I.J.._J... day of ~(IWlrc., 19':f{, • -~----J ~~sar otaryuc 6585 Goldfield Drive Address Colorado Springs, CO 80911 Hy Conntssion expires: __ s_e..:..p_te_m_b_e_r_J_O_, _1_99_6 ___ _ A separate certification should be presented for each Notice of Hearing Sign. Such certification may be submitted to the Departaent of Connunity Developaent prior to the Hearing or presented at the Hearing. PCFonn09 -z - . , .. I . . 0 'a - - • • ,,. - . . . . . )i:h"'~"~$~'-,,"'-"' ... -. *l.~} .:": '~~;...-. ' ' :il-~~.,:;;,~,,.J •. ~_.; .... • ~~.!:!~~}!;·;{\···. }i' :: .. :. ~ ~:?,}.\?::~:. L £ g ·Jt £ !D £ S C ! I f '11 0 ?(,: PER CLIENT- .;-..:·~"';"';.-::\;)~·::,,·.,, . ·~ .: .. .. . ,,.-· · ..... PARCEL 1: ;:;} .. '. :.(•. -~~. . ' :,}:':,:.: ':.'::THAT PORTION OF TRACTS 17 AND 16, INTERURBAN ADDITION, · ·· ·' ·':'AS DESCRIBED AS FOLLOWS: 1:.·' :·:-·:.::· .. ::· -:.:··: ·: . .."'.' ... \:·-1.BEGINNING AT A POINT WHICH IS 253.73 FEET SOUTH OF THE : ·: ; · ·. · · ' . · NORTHEAST CORNER OF TRACT 17, INTERURBAN · ADDITION~ · .. · THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 17, 498.07 FEET; THENCE NORTH 40 DEGREES 57 MINUTES WEST 425.5 FEET; THENCE SOUTH 42 DEGREES 52 MINUTES WEST 339.75 FEET ; THENCE NORTH 426.06 FEET, TO A POINT ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE EAST 510 FEET TO THE POINT OF BEGINNING; ANO, COMMENCING AT THE NORTHEAST CORNER OF LOT 17, INTERURBAN ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17, A DISTANCE OF 253.73 FEET; THENCE WEST 410.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 100 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 16 AND ON THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE NORTH 63 DEGREES 33 MINUTES EAST, A DISTANCE OF 111.71 FEET ALONG THE SOUTH LINE OF WEST LEHOW AVENUE; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID LOT 17, A DISTANCE OF 49.79 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO . SAID PARCEL CONTAINING A TOTAL AREA OF 166,193 SQUARE FEET OR 3.815 ACRES . PARCIL 2: THAT PORTION OF TRACT 18, INTERURBAN ADDITION, DESCRIBED AS FOLLOWS: ·.·· ·. ·.·COMMENCING : AT THE NORTHEAST CORNER OF TRACT 17, INTERURBAN •· . ,.ADDITION,';·Tt:tENCE SOUTH 63 DEGREES 33 MNUTES 00 SECONDS WEST ALONG ··THE NORTH LINE OF SAID TRACTS 17 ANO 18, A DISTANCE OF 404.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22 DEGREES 28 MINUTES JO SECONDS EAST A DISTANCE OF 79.77 FEET MORE OR LESS TO A POINT; Tl-ENCE WESTERLY A DISTANCE OF 75.01 FEET MORE OR LESS TO A POINT; THENCE NORTt£RLY A DISTANCE OF 49.79 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF TRACT 18; THENCE NORTH 63 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF TRACT 18, A DISTANCE OF 53.24 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ARAPAHOE, ST A TE OF COLORADO. SAID PARCEL CONTAINING A TOTAL AREA OF 3,943 SQUARE FEET OR 0.091 ACRE. PARCEL 3: .THAT PART OF PLOTS OR TRACTS 17 AND 18, INTERURBAN ADDmON, MORE PARTICULARLY DESCRSED AS FOLLOWS: BE~ AT TI£ NORTI£AST CORNER OF PLOT OR TRACT 17, NTERURBAN ADDITION; Tt£NCE SOUTH ALONG TI£ EAST LINE OF SAD PLOT OR TRACT 17, A DISTANCE OF 253.73 FEET; THENCE WEST AT RIGHT ANGLES 200 FEET: TO TI£ TRUE PO...T OF BE~; THENCE WEST 210.01 FEET TO TI£ SOUTHEAST CORNER OF TRACT CONVEYED IN BOOK 1759 AT PAGE 285; TI£NCE NORTH PARALLEL TO Tt£ EAST LINE OF PLOT OR TRACT 17 NI> ALONG Tt£ EAST LINE OF TRACT OESCRIE> IN BOOK 1759 AT PAGE 285 A DISTANCE OF 49. 79 FEET TO Tt£ SOUTH LINE OF WEST LEHOW A VENUE: Tl-ENCE NORTH 63 DEGREES 33 MNJTES EAST ALONG Tt£ SOUTH LI£ 234.65 FEET, MORE OR LESS, TO A POINT ON A LINE 200 FEET WEST AN> PARALLEL. FROM THE EAST LNE OF SAID PLOT OR TRACT 17; Tt£NCE SOUTH PARALLEL TO Tt£ EAST LINE OF SAID PLOT OR TRACT 17 154.23 FEET TO Tt£ TRUE POINT OF BEGll'NNG, COUNTY OF DENVER, ST ATE OF COLORADO. EXCEPT THAT PORTION DESCRIBED AS PARCEL 2 ABOVE ANO EXCEPT THAT PORTION DESCReED IN DEED RECORDED SEPTEMBER 5, 1969 IN BOOK 1831 AT PAGE 47t SAID PARCEL CONTANING A TOTAL AREA OF 2,550 SQUARE FEET OR 0.059 ACRE . f •• • . I . . 0 - - • PROOF OF PUBLJCAllON THE ENGLEWOOD HERALD STAlE OF COLORADO co...NTYCFARAPAHOE I, GMatd J. 1.-y do aolermY awear ta I an .. RI ·•antJ~d Ile &Jlld• ood Hellld ta Ile lll'IW s a wea1c1y 1181 1SJ1S* pajllltal ri h Cly ot UllalOn In lhe Ccu,-Y ol Al'lfMht», State ol CoaadO . and ta a general dlaalllor't thanlh: hi said 1181 i4lfll 8 las been published continuously and ~rillldCcutyal..,,.. ior a period oi mn IW'I 52...,. ptart:> Ile tlrll ~al .. ...., nallce. hi said 1181 1JJ1S* II er1ll9d ri .. POii Olice d ........ ~ • 9IDDl1d class mail matter and that the said newspaper Is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved MIICh 30, 1923. and erdled 1.egal NoticeS and~ and other acts relating to the printing and publishing of legal notice and was j:ulll&tal ri .. 181JS a,d ....... al said n&W14)11)81, ora .-:ti week. on h sane«. o1.-:tiweek. tor a period of .............. / ................. . consecutive insertions: that the first publieatlon of said notice was In the isJ-. of said ~r dated /J.l?.f.L.4.ZZ M &l.d:.l.. ,'1.5 and the last publlcatlOn of said notice was ri the issUe of said newlP8P8I' • • I • • ENGLEWOOD ------~--Cllr -·-. -·---TITL£ 11. CHWTD 4. UCTIOII 11. -C.-m\.111.- TPI. IECTlON 1 . Of' TME -.a• ---1-TO -.&.YMl.CM--_.CIII __ A_• 1SDl!a•TME•1 . .-- 111Cf N TME cm' a,--• ~=-:,.co:::=.~oo: =::.......,,._ca,-.-...---S==: ---·--. ........ -..... air .. ......... -, .. -.._ =~a.:.:-==--: ----···· -·--· .. -· ~-o1-1....-_c11y ,-A.-.CIIIC air«--==-.._...._ ... __ ,,_,_ !"le'!!"-- ' . . ,, - ' . ' ' ,. • .. • • 0 -' , I - • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF ca.ORAOO ca.MYa=ARAPAHOE I, Getard J. Haley do solermly swear hi I am ht Ptilllldllrt-,J Plbfth#cA ht BIQflllOOcf ,__ hi h sant is a wealctf MW9Pll)8I l)ldltaS i1 lh8 Cly of UtUalOn n the Couray ol AnipMII», State ol ColOfNO , and has a general cimali)nhrai1; ... said~ la been published contir-,ously and ~nsaldCGnyd ~ tor a period al fflDl8 191 52 weekS prior., ht ... pA:llcllion al .. awwxed ncllce. 11a1 said ..........,., 11 .aai9d n .. POii Ollice d UdllOn, Q:lbmD, • .x,r1d class mail matter and that the Hid newspaper is a newspaper within the meaning of the act of the General Assembly of the State ol Colonlda, approved March 30, 1923, and erdled "l..egal NoticeS #Id Advertisem8f1$" aRS other acts relating to the printing and publishing of legal notice and was pidita:I n .. 1911,& ant enli8 illaJlld said re.,spiper, once ea:h week. on h same day cA ea:h week. for a period ol .............. / ................ .. consecutive insertions: that the first publication of said notice was in the isSUe of said newzper dated .. -.·• . • i,;;<) J..1,.,.<!,.idll.. .Y:.k .... d ./..199..5 and the last publication of said notice was in the issue ol said newspaper d~a, ............. --:---~ .... _ .......... 19 .. .. .,.( ................... " .......... . S nature Subscribed and sworn to before st me, }Notary Public, this ... 2./.~. of IL\..[('.{.. m.~r..../.1gf5 y., (£.a-l...~.tl..v31u.v:~ ry Public . • • • ENGLEWOOD -0,---·-~-. I ~ .., • " ·-' ~ ~ . . . . -:: -' . .. .. · 11. =-~--, .. '!":t:'C: ==--~°"--...----= _ .. _ ... _ . .. _ ... _., .. o,, ., -....... -,s.·---=iwa.::..:-=.~.-: ----···-_ ................. . ~o,_ol ... E .... -.Clly ,._A.Elia.CMC c.o,a.o -=~--....:::.. ... ~ .... ~ ..... 5143 . . . . • . .. • • 0 , I - • • 0 I • . • ' COUNCIL COMMUNICATION COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Council Goal · Economic Development -advancement of the City's pro-bulineu com- mitment . Previous Council Action · On December II, 1995, City Council set a Public Hearing on this matter for January IS , 1996. RECOMMENDED ACIJQN; The City Council is requested to conduct a Public Hearing to consider amendment of the Com- prehensive Zoning Ordinance, specifically sections 16-4-IOB, B-1 Busineu, and 16-8-1, Defini- tions. BACKGROUND. ANALYSIS, AND AL'QRNATJYES IDENJJDID; Dr . Tankersley owns and operates the Hampden Family Pet Hospital at 1220 Eut Hampden Ave- nue . This site is zoned B-2, Business District, and animal hospitals and clinics are permitted 111e1 in that mne district . The veterinary practice hu grown, and Dr. Tankersley needs to find • larser site to accommodate his practice. To serve bis client bue, Dr. Tankersley wanted to find a lite relatively near the present location. Dr. Tankersley hu located a lite in the B-1 Zone District which will meet the needs of the veterinary practice . However, the B-1 Zone Diltric:t doa not allow veterinary hospitals or clinics . Dr. Tankersley has requested that the B-1 Zone District be amended to allow veterinary hospitals and clinics for treatment of lfflall animals u a permitted principal use . ' "' - • . I . . 0 I ]- - I • • • . . Staff researched the history of animal hospitals and clinica in Englewood through previous Zoning Ordinances. Rationale for restrictina this use to the B-2 or indultrial dilbic:ts wu not available . It can be IW'ffliled that this use restricted because of outside NIii and kennels and the poui- bility of"luge animal" treatment at the hospitals/clinics. Dr. Tlllkenley and ltaft' did explore altematiYes, includins that of punuing a UN vuiance through an appeal to the Board of Adjusbnem & Appeals; punuing a rezonina of the bloc:t to B-2 which permits animal hospitals and dinic:a but alto permits outdoor runs with proper eadolure; or to punue amendment of the Compnhallive l.oning Onlinance to allow the ._.imly holpilllldimc: for 1111111 animal pnctice, with restric:tiom, u a permitted principal me in the B-1 ......... Dis- trict. The third alternative, unending the B-1 District ,.,lariom, WU Nlectecl U the IDOlt appropriate coune of action given that a variety of medical uses u well u pet stores are annndy permitted in the District . Small animal veterinary hospitals or clinics would not preamt impacts to the neighborhood or conununity significantly different than those of pet stores or otbel' medical taV· ices. FINANCIAL IMPACT; The Ordinance amendment. when approved, will allow the Hampden Family Pd Holpital to relo- cate to a site within the general vicinity it now oc:aq,ies, and &cilitate e,qasion of the veterinary practice. llevelues will be realized fi'om permit fees for renovation of the exiltill8 building to meet the needs of the veterinary practice. LJSI Of AUAQIMENTS; Bill for Ordinance Ymdinp ofFact Cue #I0-9S Staff'Repon Case #10-9S . . ,. -. I . • I . . 0 - • • • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMmlON IN 1HE MATTER OF CASE 116-95 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO JIROPOSFJ> AMENDMENT OF THE COMPREHENSIVE ZONING ORDINANCE INITL\ Tm BY: TY M. TANKFJtSLEY, DVM HAMPDF.N FAMILY PET HOSPITAL 1220 EAST HAMPDEN A VENUE ENGLEWOOD, COLORADO IGIIO ) ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF 1HE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Tobin, Weber, J>oua)as, Dummer, Ganett, Homer, Red- padl, Muon Commission Members Absent: Shoop This matter was heard before the City Planniq and Z.olling Commiaion on December 5, 1995, in the City Council Chambers of the En&)ewood City Hall. Testimony was received from staff. The Commission received nolice of Public llarin&, and the Staff Report, which were incorporaled into and made a put of the ftlCDld of the Public Hearing. The applicant chose not to testify on this issue, but wu available for questions. After considering the statements of the witnesses, and reviewin& the pertinent documents, the members of the City Planning and l.onin& Commission made the foUowin& Findinp and Conclusions. l. ... .. FINDINGS Of FACT 1HA T the Public Hearin& was initialed at the request of Ty M. Tanllenley, DVM, Hampden Family Pet Hospilal, 1220 East Hampden Aw:nue, J:ac)ewood, CO 80110. TBA T the Notice of Public Hearin& was published in the Fnrlneood BcnW oa No- vember 23, 1995. ' ,, - ., I . • 0 , - - • t' • • ' where me u a Jimnel is limiled to short-term boudin& and only for medicllly relalled pur- pmes, and where all 111e1 are enc:1cmd within a sound-proof building and no objeclioillble odor is emitled. 1be voe WU called: AYES: NAYS: ABSTAIN: AmENT: Weber, J>ou&)as, Dummer, Ganett, Homer, Redpllb, Tobin, Muon None None Shoop 1'bae Fmdinp and Conclusions are effectiw u of the meetin& on December 5, 1995 BY ORDF.ll OF THE CITY PLANNING a ZONING COMMISSION 3 .. • . . #~ . , • .. ~ I • • 0 -• -• . ... • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA 1TF.ll OF CASE 110-H ) nNDINGS OF FACT, CONCUJSIONS ) AND RECOMMENDADONS RELATING ) TO l'ROPOSID AMENDMENT OF 1BE ) COMPRDIENSIVE ZONING ) ORDINANCE ) ) INITIATD> BY: ) ) TY M. TAND'.RSLEY, DVM ) HAMPDEN FAMILY PET HOSPITAL ) 1220 EAST IIAMJIDEN A VENUE ) ENGLEWOOD, COLOltADO •111 ) nNDINGS OF FACT AND CONCUJSIONS OF TBE CITY l'IANNING AND ZONING COMMISSION Commission Members Praent: Tobin, Weber, J>oaalu, Dennw, a.mu, llanm, lted- pllll, ..._ Commission MenN-s Allw: ... 'l1lis ....... was 111an1 _... • ca, n r s • 7.-.. OWnrission an Decmber 5, 1995, ia Ille Cily C.-:il O 2 a., .. C IP uj Cily 1111. Telliamay was...,.. ,._ .... 1111 C I I lllllhllll aadce ol Public llelrias, ad die Slaff a.,art. wllicll wae ilN z C -• _. a ,-ol die reconl ol die N9lic llelriltl- The applic:lm cbole DOl lO lellifJ • ... --.,, tll far ....... . Aftlerconsiclerm&dle_m,...,ola.w· 11 1 ............ ,.,. 1 rdocn PZI ... members of die City ,.._. ad 1.GU11 Ca aade a. W1Dwias FiDdiap ad Conclusions. flNDINGS Of DC: 1. 111A T die Public Hearina wu iaicilMd • die Nqllllt of Ty M. ,........,, DVM, Hampden Family Pet llolpilll, 1220 Eut ReqN9en A~. J3nslewaod, CO 80110. " .. 111A T die Notice of Public Hcariq WU publJINd ia die Eesfnspl 8ePH ca N&>- wmber 23, 1995. .. I. • 0 , ]- • • 0 - .. 3. TBA T Planning Community Coordinator Stitt testified that the request is to amend the Comprehensive Z.Oning Ordinance, B-1, Business z.one District, to allow veterinary hospitals and clinics for small animals as a permitted principal use. 4. THAT in conjunction with amendment of 116-4-lOB, Permitted Principal U1a, there is also need to amend 11~8-l, Definitions to include a definition of •veterinary hospi- tals and clinics -small animal". 5. THAT members of the Commission expressed conc:em on the wording of the defini- tion, and that a resolution to this c:onc:cm wu reached. 6. fflAT applicant Ty M. Tankersley, DVM, chose not to testify, but was available to answer questions from Commission. CONCLUSIONS 1. TBA T proper notice of the Public Hearing was published in the Englewood Hmld on November 23, 1995 . 2. fflA T testimony was received from the staff, which is made put of the Hearing. The applicant did not wish to present testimony, but was available to answer questions. 3. mAT written information, in the form of the Slaff report, was received and incorpo- rated into the record of the Public ffearin&. 4. TBA T there was no one present to address the Commission in opposition to the pro- posed amendment. DECISION mEREFORE, it is the decision of the City Planning and Zoning Commission that the Com- prehensive Zoning Ordinance be amended to allow veterinary hospitals and clinics for treat- ment of small animals in the B-1, Business District. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 5, 1995, by Mr. Garrett, seconded by Mr. Homer, which motion states: "' - The Planning Commission recommend to City Council that the Comprehensive l.onin& Ordi- nance, ll~-108 be amended by adding "Veterinary Hospital and Clinic -Small Animal": as a permitted principal use; further, that 11 ~8-1, Definitions, be amended by addina the follow- in1: "Veterinary Hospital or Clinic -Small Animal: A place where small animals such as do&s, cats, birds or other domestic household pets are Jivcn medical or surp:al treatment, and 2 • ..... •. I . • 0 - < • • "' - • • (. - when: me u a kennel is limited IO short-tam bolrdiJII and only for medic:ally related pur- poses, and where all UICI are encloled wilhin a sound-proof buiJdina and no objectionable odor is emitted.· The vote was c:alled: AYES: NAYS: ABSTAIN: ABSENT: Weber, Dou&Ju, Dummer, Ganett, Bomer, Redpalb, Tobin, Muon None None Shoop Tbae Fmdinp and Conclusions are effective u of die meetin& on December 5, 1995 BY ORDER OF THE CITY PLANNING a ZONING COMMIUION Robert Muon, Chairman 3 . ' .. I . . 0 - • • 0 • STAFF REPORT RE: Proposed unendment to the B-1, Business District Regulations of the Comprehensive Zoning Ordinance, to allow "Veterinary Hospitals and Clinics -Small Animals" u a Permitted Principal Use . DATE IQ BE CONSIDERED: December 5, 1995 NAME AND ADDRESS Of APPLICANT; Ty M . Tankersley, DVM Hampden F amity Pet Hospital 1220 East Hampden Avenue Englewood, CO 8011 O BACKGROUND; The Division of Neighborhood and Business Development has received a request &om Ty M. Tankersley, DVM, that the B-1, Business District be amended to allow Veterinary Hospitals and Clinics as a Permitted Principal Use . Dr. Tankersley owns and operates the Hampden Family Pet Hospital at 1220 East Hampden Avenue . This property is located in a B-2, Business District, and the animal hospital is a Permitted Principal Use in this zone district . Dr. Tlllkersley's practice has increased, and be needs to find a larger building for his veterinary practice . In order to continue to serve his client base, his practice must be relocated relatively near his present location . Dr. Tankersley has located a site which will meet the needs of the veterinary practice; bowcwr, this site is located in the B-1 Business District . Historically, animal hospitals and clinics have been permitted in a variety of zone diltricu . The 1940 Zoning Ordinance lists "Animal Hospital" u a permitted use in the C-2, Commercial District, but not in the C-1 , Business District . However, the C-1, Business Disu'ic:t did permit hospitals , clinics, and convalescent homes . The 1955 Zoning Ordinance permitted Animal hospitals in the C-1 , Business District u well as any use intended to provide health treatment for the payment of a fee , dental and medical clinics, hospital and convalescent homes, dental and medical laboratories , and pet stores. The 1963 Comprehensive Zoning Ordinance wu similar to the 1955 Ordinance except hospitals and convalescent homes and animal hospitals were only permitted in the B-2 , Business District and not the B-1, BUlineu District . In addition, the record of these various zoning actions does not pro~ any justification for either the inclusion or the exclusion of the animal related uses in the Zoning Ordinance . "' - I· • 0 f 2X ] • • 0 !• • PROCEDURE; The Commission holds a Public Hearing to hear testimony from the general public, and make a recommendation to City Council, to approve, approve with conditions or deny the proposed amendment. DEPARTMENT OF COMMUNl]Y DEVELOPMENT ANALYSIS; The historical record does not provide the rationale for the prohibition of these veterinary uses . It is reasonable to assume that the restriction was based on the type of animals treated (both large and small) or the presence of kennels or runs and hence noise m conjunction with the facilities . Veterinary medicine has changed significantly in the last several years . As Dr. Tankersley has pointed out in his letter of June 12, 1995, the field has become increasingly specialized with education tailored to the specific types of practice. Thus, it is reasonable to fook at small animal veterinary services separately from large animal services and how compatible this small animal use may be in the B-1 District . The B-1, Business District is the "central business district" of the community . Traditionally, this District is made up of uses that are office, retail or service based u well u high density residential uses. It is this mix of uses that contributes to the vitality of a downtown and distinguishes it from other commercial areas of a community . In general, the uses permitted in this district are intended to serve as both an employment base and commercial hub for the entire community . Therefore, to determine if the proposed amendment is appropriate for the community, it should be analyzed in terms of its compatibility with other uses in the B-1 District, the potential impacts associated with the proposed use and to a lesser extent the benefits to the community . The issue of compatibility of small animal hospitals and clinics in the B-1 District can be viewed in terms of the similarity of this use with uses currently permitted in the B-1 . The 8-1 District permits two types of uses that are similar in nature to small animal propoled veterinary use : medical uses and retail uses . Within the medical cateaory, the B-1 permits clinics and laboratories for dental , medical and optical uses u well u health treatment facilities . Beyond the obvious difference of animal versus human patients, there is no difference between launan medical services and animal medical ICl'Vices when viewed in terms of land use in that each provides medical services . In terms of retail u,e, the B-1 permits pet ltOreS which share the common element of the care and housing of animals . In fact , fflOll pet stora house more and ditrerent types of animals than would be treated at a typical small animal veterinary practice . The impacts most typjcal)y usociated with small animal hospitals and clinics are generally noise related . The issue ot noise is IIOl IO much linked to the hospital or clinic activities U it is to the use of outdoor kennels , dog runs . By not permittina outdoor kennels, dog runs or overnight boarding for nonmedical reasons , the noi9e isaae is IUbllanbally IOlved . The final issue is that of the benefit to the COIIIIIUlity of permitting small animal hospitals and clinics in the 8-1 District . The benefit to the c:omnauuty is that the addition of this use increases the opportunity for a more diverse downtown area . The proposed use simply adds to the list of services that can be offered in the downtown and over time will contribute to a more economically diversified community . In conclusion, the proposed amendment is appropriate because : • The proposed use is similar to existing permitted uses in the B-1 District . 2 • ,- • . ... I· • 0 ]- - • ,. • • '· • The impacts auociated with the propoted me are minimal or similar to time UIOCi•ed with similar permitted uses. • The propoled me will add to the coaanen:ial diwnity and wality of tbe downtown area u well u the community u • whole The Plannina Commiaion may COlllider tbe fbllowiDa options relative to the propoled amendment. I. Amend Semon 16-4-10 B PcrJllittod prjggpl Vw by addiDa Veterinary llolpital and Clinic • Small Animal u me number 95, and renumber the remainder of the NCtion accordinalY and add the following definition to: s«aiJn lH-1, Qcfinitiom· Veterinary Holpital or Clinic· Small Animal: A place where 11111111 animals u:b u clop, cats, birds and the like are aiven medical or aqical beatment, and where me u a kennel is limited to sbon-tenn boarding and .-Iv for medically related purposes and where all uses are enclosed within a sound-proof~ and no objectionable odor is emitted . 2 . Retain the proha"bition on animal hospitals and clinics in the B-1 District. RECOMMENDAIJQN; Stafl'rec:ommends that option I and the Veterinary HOlpital or Clinic· small animal definition be adopted and forwarded to City Council for final action. 3 . , .. I . . 0 , • • 0 • DRAFI' • 1ST READING WILL BE AFTER THE PUBI.JC BEARING 1/15196. ORDINANCE NO. _ SERIES OF 1996 BY AUTHORITY A BILL FOR COUNCIL BILL NO. INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AMENDING TITLE 16, CHAPTER <&, SECTION 10, PARAGRAPH C, AND TITLE 16, CHAPI'ER 8, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985 TO SPECinCALLY ALLOW SMALL ANIMAL HOSPIT~ OR CLINICS AS A PERMI'M'ED USE IN THE B-1, BUSINESS DISTRICT IN THE CITY OF ENGLEWOOD. WHEREAS, the currently zoned B-1 Buaineu District permits a variety of medical uses u well u pet stores and allowing small animal veterinary hospitals or clinics would not have a significantly different impact on the neighborhood or community; and WHEREAS, this matter wu previously brought to the Planning and Zoning Commission u a modification to the R-3 Zone District; however, the veterinary clinic requesting this change wu not able to close on the property in the R-3 District; and WHEREAS, this amendment to the Comprehensive Zoning Ordinance wu considered by the City of Englewood Planning and Zoning Commiuion at a Public Hearing on December 5, 1995; and WHEREAS, after the Public Hearing, the Planning Commiuion recommend approval of the amendment to the Comprehensive Zoning Ordinance to allow veterinary hospitals and clinics for treatment ohmall animals in the B-1, BusineBB District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tion l . The Englewood City Council hereby amenda Title 16, Chapter 4, Section 10, Paragraph C, of the Engl-ood Municipal Code, 1985 to allow amall animal boapitala or clinics u a permitted use in the B-1 Buaineu District in the City of En,lewood, Colorado. Which will read u follows : lM-10: B-1 BU8INE88 DISTRICF The B-1 BusineBB District is a mixed-use diatrict which i• applied tD the central business section of Englewood. The District ia deaigned tD create an environment having urban characteriatics within a relatively small area of land tbroulh the close proximity of activitiea, the increaaed IOcial and cultural opportunitiea and the possibility of choice in one's contacta and aaaociatea. Within dlia District, the trend will be away from the monotony of aeparatory land UN and toward the variety of land uae altemativea which acco-odate the curret livinc preferencea. The uaee within this District are thoae which provide retailm, and ,--al aervicea to re1identa within this aru and to reaidentl of the City and the aunoundmc area. In -1- .... • ,. - I • • 0 '32xl - - • ... • . • ' '· order to make the central business district viable twenty-four (24) houn a day and not juat during the traditional buaineu houn, medium and high-density residential units are encouraged . The uaes permitted within the Diatrict are thoee that will provide the maximum amount of service 1D reeidentll of the area and will be compatible with adjacent development. A . General Replationa. 'lbe provisions found in tbia Zone District aball be subject to the requirements and standards found in Section 1~. General Replationa of tbia Title, unleaa otberwiN provided for in tbia ()nlinaDee or an amendJDent hereto - B . Planned developmellt compliance. Any lat having one or more acres in tbia district aball comply with tbe Englewood Municipal Code Section 16-4-15 (Planned Development I)iatrict). C. Permitted Principal UIN. No buildine, structure, or land shall be uaed and no buildine or atructare shall be sected. atructurallY altered, enJarpd or maintained unleu otba'Wiae provided for in this ()rdinance em:ept for one or more oftbe followiDI QIN: 1 . Ambulance service. 2 . Antique store. 3 . Auembly bal1a or auditoriums. 4 . Appan1 and accNIOl'Y ..... 5 . AppliaDCe ..... 6. Art plleriea or atadioa- 7 . Bauri•, ntail. 8. Barber .,,.. 9 . 9eautyllbop9. 10. Bicyele atorN- 11 . Book ator'N, not iDdallial adult boak .... . 12. BuaiDM8 macbiDI or ccapat.r .... . 13 . Camua and pbatAllnPllic ...-and .apply ..... 14 . Candy, nut and~.-.. 15. Cat.eren. 16. Cbilcl can cents. -2- . . ,__ . , • . .. • • 0 r I -• r • • .. \, 17 . China, cryatal and gluaware atore . 18. Cleaning with noninflammable cleaning agentl only. 19. Collection and distribution atation for laundry and dry cleanera. 20 . Clinica, dental, medical, or optical . 21 . Dairy products aton,B. 22 . Dance ltudioe for private matructions. 23. Diaper aervice. 24. Delicat.Nlell aton,B. 25 . Department atorea. 26 . Dru, aton,B. 27 . Dry p,da atoree. 28. Eat.inc or clrinkinc eatabliahnumtl, need not be encloeed, bot not iDdudiDI drive-in eating or clrinkinC Ntabliabmentl. 29 . Educational institutions. 30. Electrical contractor lbape, proYicled it ii incidental tD a retail 1UN roam and ii limited to eqwpmeot empla,iac not more than five (5) bonep 1wer. 31 . Electrical nl,aationa. 32. Esterminaton. 33. Financial imtitutiom. M. Floral llbops. 35. Furniture atanl. 36. Ganim IUppliN ...... 37 . Gu nplator ttat,ioaa. 38. Gift. noweity CII' ICIU..ul' atanl. 39. OTOCll7 ........ .a. Halla, rat.inc for meetinp ar IOcial ocraeiom . 41 . Hardware atan1. -3- • ,, - .. • • 0 • . . -• • o&2. Health treatment facilities . "3. Hobby eupply It.ore . «. Home furDiabiDp atoree . "5. Hotels and cooveotion cent.er. "6. Interior decoraton. o&7 . Jewelry atoree. "8. Laboratoriea, dental, medial or optical. o&9 . Laundriea. .. 50. 51. Library or readiDI rocaa. 52. Liquor atoree (ule by packap). 53. Linen npply. M . Locbmitb. 55. Mail order bouaea. 66. Meat, poultry or aeafood atorea . 57. IIUDicipal facilitiea. 58. lluaic ... . 59 . News ..... (far 1be ule ~ newapapen, mapsinee, etc . only). 80. Notiona atora. 61. Office builcliDp, p:11f111iaral or baainea- 62. Office aupply llbuwroca. 63. Optical and IICieatfflc inatrWDalt .... M . Paint and wallpaper atora. 65. PaiDtiDI and decoratiDI cartnctan. 66. Pukiq faciliti•. 67. Natora. • • 68 . Picture framia,. -4- 0 . . # I ]- • • • • • . • ' 69. Photographic studios. 70. Pbotoatatin& and blueprinting. 71 . Physical fitDeu center. 72. Plumbing abopa, provided they are incidental 1D a retail ules NIOlll and are limited 1D equipment not employing more than five (5) h,arwpower. 73. Printing, pobliahinl and allied industries, provided 1bat aw:b operation lball not be bazardOWI CR' objectionable clue 1D noiae, 11111oke, fumes, air pollution, Mat. stare, radiation or 74. 75 .. 76. 77. 78. 79. 80. 81 . 82. 83. 84. 85. 86. 87 . 88 . 89 . 90 . 91 . 92. vibration. Private dube, lodps, fraternities. Public buildinp and facilities. Relicioua institutions. Residential, multi-family, condominium, or leue. Sign paintinl abopa. Sportinl (IOOda atorN. Stationery atone. Tailoring and clreaam•kiDI abopa. Tuicab atud. Telepboae ucbaDP-· Telecnpb oftlcea. Tbeaten, not incluclinc drive-in 1'118 CR' adult mCJYi• or productions . Theatrical atudioa . Tobacco atone. Tay ltonll. Trade or buiMN acbool . Transit center. -5- " - • . .. • • 0 ]- • • , · ... • .. 93. Travel agency . 94. UpbolateriDr ahope. 95. VETERINARY HOSPITAL OR CLINIC • SMALL ANIMAL. 15. 18. Any aimilar lawful UN which, in the opinicm af the CommiwiGD, would be compatible with other' uea in the area and which would not be objectianable 1D nearby propaty by reuon al odor, duat, fum•, pa, noiN, radiation, beat, 1lare, er vibratiOD er ia not buardoua 1D the bealtb and property al the IIUl'l'OUllding ueu through dancer of fire or e:a:ploaion . Sed;im 2. The En,lewood City Council 1-eby ammdl Title 16, Chapter 8, SectiOD 1, of the Eqlewood Municipal Code, 1985 by addiDf the Veterinary Hoapital or Clinic · Small Animal in alpbabetical crier to tbe ddniticim u follon: 16-8-1: DBFINITIONB: VETERINARY HOSPITAL OR CLINIC • SMALL ANIMAL : A PLACE WHERE SMALL ANIMALS SUCH AS DOGS, CATS, BIBDS AND OTHER SDIILAR HOUSEHOLD DOIIBSTlC PETS AD GIVEN MEDICAL OR SURGICAL TRBATIIBNT, AND WHERE USE AS A DNNBL IS LDIITBD TO SBORT·TBRII BOARDING AND ONLY POR MEDICALLY BELATED PURPOSBS AND WBDE ALL USES ABB ENCLOSED WITIDN A SOUND- PROOF BUILDING AND NO OBJBCnONABLE ODOR IS Blll'l'TBD . A Public Hearm, •• held CID .r-111117 15, 1186. Introduced, J'ud in full. and ...... CID tint Nlldinl CID the _ day of ------·· 1916 . -6- . , • • • 0 t -.. I -• ,,. -. ,.. • • Publiahecl u a Bill for an Ordinance CID the_ day of ___ 1996. Tbomu J . Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City oCBnciewooc1, Colorado, hereby certify that the above and fareaaiq ia a true copy o( a Bill for an Ordinance, introduced, read in full, and IIUNci CID fint nadinc CID the _ day of ----· 1996. -7 - •. • • 0 '-I - ORDINANCE NO . _ S~OF1996 . ' • • • BY AUTHORITY A BILL FOR , . COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER~------ AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LI'M'LETON PROVIDING FOR MUTUAIJAUTOMATIC AID FOR FIRE PROTECTION. WHEREAS, Englewood ii a home rule municipal corporation orpni&ed and eDSting punuant to Article XX of the Colorado Constitution, its Charter and it.a Ordinances; and WHEREAS, Englewood'• territ.orial jurisdiction, ii in pneral, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Littlet.on ii a home rule municipal corporation providing fire aervice within the legal boundary of the City of Littleton and the lepl boundary of the Littleton Fire Protection District (referred to u the "territory or aervice area of Littleton•) punuant to an intergovernmental qreement with Aid District for fire services; and WHEREAS, each of the parties hereto maintain emerpncy equipment; and WHEREAS, emergencies may arile in one or the other of the jurildictionl resulting in greater demandl than that party can handle, or emergencies of aucb intelllity may occur that they cannot be handled IIOlely by the equipment of the party in wbOBe jurilldiction the emergency occun; and WHEREAS, it ii in the interest of each al the parties that they may have aervice &om the other party to aid and ullilt them for the pmpoae of fighting firell or responding to other emerpncies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sedim 1 . The interpvernmental .-ant with reapect to an .-ant between the City of Littleton, Colorado and the City al F.npewood, Colorado far mutual/automatic aid for fire protection for both mtitiea, attai:bed bm'llto u "Emibit A," ii hereby acceptecl and approved by the Eqlewood City Council. Sedigp 2 . The Mayor ii autboriwl to euc:ute and the City Clerk to attest and wl the Agreement for and on behalf of the City al Enpewood, Colorado . Introduced, read in full, and paued on ftnt reading on the 15th day of January, 1996. -1- "' - • .. • • 0 I -• ,, ~ • " • ' <. COUNCIL COMMUNICATION Subject January 15, 1996 10 a i . Renewal of Aulomatic Aid Agreement INITIATED BY Fire Division of Safety SeMces STAFF SOURCE Al Stanley, Director Kieth Lockwood . Oiviaion Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has renewed this agreement on an am.al basis since 1981 in order to provide reciprocal emergency response to 8ITl8I get icy incidenll that oc:a, in dNignaled corridors of both cities. RECOMMENDED ACTION Staff is seeking council's approval of ordinaice that provides continua1Ce of the automatic aid agreement between the cities of Englewood and Littl9ton. BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTFED This is a reciprocal agreement whereby, .,..g11 icy equipment and per90ri1ltl from both cities automatically respm Id to en'181 gei icy inc:idll a that oc:a, ia dNignallld canidorl along the jurisdiction811 bcu1dariel of Englewood and um.ton. This agiwnent has bNn in UN since 1981. FWilANCIAL •PACT None UST OF ATTACHMENTS • .. I . . 0 I I ]- ORDINANCE NO . _ SERIES OF 1996 • 0 - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PROVIDING FOR MUTUAUAUTOMATIC AID FOR FIRE PROTECTION. WHEREAS, Englewood is a home rule municipal corporation organized and elristing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, i8 in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Littleton is a home rule municipal corporation providing fire service within the legal boundary of the City of Littleton and the legal boundary of the Littleton Fire Protection District (referred to u the "territory or service area of Littleton") pursuant to an intergovernmental agreement with said District for fire services; and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emergencies may arise in ooe or the other of the jurisdictions resulting in greater demands than that party can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emerpncy occun; and WHEREAS, it is in the interest of each of the partiee that they may have service from the other party to aid and auiat them for the purpoee of fightinc fires or responding to other emerpncies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tjon 1. The intergovernmental agreement with respect to an qreement between the City of Littleton, Colorado and the City of Englewood, Colorado for mutual/automatic aid for fire protection for both entitiee, attached hereto u "Eshibit A," i1 hereby accepted and approved by the En,lewood City Council. Sec;tiop 2 . The Mayor is authorized to uecute and the City Clerk to attest and seal the Agreement for and on behalf of the City of En,lewood, Colorado. Introduced, read in full , and paued on ftnt reading OD the 15th day of January, 1996. -1- .... I . • 0 ]- • • . ' - ~. Published aa a Bill for an Ordinance on the 18th day of January, 1996. Tbomaa J . Buma, lla:,or ATTEST : Loucriahia A. Ellia, City Clll'k I, Loucriabia A. Ellia, City Clerk aftbe City af.......,_, Colando, hereby certify that the above and fantaial ia a true capy af a BiD ban ~. introduced, read in full, and paaeed on tint readiac cm tbe Udl day af Jmmuy, 1996. Loucriahia A. Ellia -2- "' -. , ... ... I . . 0 - • • • AUTOMATIC AID AND MUTUAL AID AGREEMENT THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD, COLORADO, hereinafter called "Englewood,• and the CITY OF unl.ETON, COLORADO, hereinafter called "Littleton.• WITNESSETB TBA T: WHEREAS, Englewood is a municipal c:orpontion, and iu territorial jurildiction generally is the legal boundaries of the City of Englewood, Colorado; and WHEREAS, Liuleton is a municipal corpor11ion providing fire serw:e within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fire Protection District (collectively referred to u the •territory or service area of Littleton•) pursuant to an intergovernmental agreement with said District for fire services; and WHEREAS, each of the parties hereto maintain emergency equipment; and, WHEREAS, emergencies may arise in one or the other of the jurisdictions of the parties resulting in greater demands than the personnel and equipment of that party can handle, or emagencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs; and, WHEREAS, it is in the interest of each of the parties that they may have serw:e of and &om the other party to aid and assist them for the purpo1e of&ghting fires or responding to other emergencies . NOW THEREFORE, in consideration of the promises hereafter set forth, it is mutually agreed by and between the parties : L MUTUAL AID A. Englewood shall in the event there are fires or other emeigesicies in the territory or service area of Littleton which are beyond the control of Littleton, whether because of the use of its equipment at other places or because of the intensity of the emergency, or otherwise. subject to the limitations hereinafter set forth, aid and assist Littleton by causing and permitting its fire department and its equipment 10 be used in responding to emergencies in the territory and service area of Littleton . The need for such aid and usistance shall be determined by Littleton . Notwithstanding anything herein to the contrary, Englewood shall be excused &om making its equipment and services available to Littleton in the event of the need for IUCh equipment and/or personnel within the territory and service area of Englewood or their prior use at any other place, which decision of availability shall be made by Englewood, and which decision shall be conclusive . • .. I . • 0 ]- - • • • Automatic/Mutual Aid Page2 '· • 0 , . • B . Littleton shall, in the ~ there are fires or other emergencies in the territory or service area of Englewood which are beyond the control of Englewood, whether because of the use of its equipment at other places or because of the intensity of the emerpncy, or otherwilc, subject to the limiwions hereinafter set fonh, aid and wist Englewood by causing and permittilig its fire department and equipment to be med in respo111ding to emergencies in the territory and service area of Englewood. The need for such aid and assistance shall be determined by Eap=wood . Notwithstanding anything herein to the coatnry, Littleton shall be cxCUled from making its equipment and 1JeMCeS available to Englewood in the event of the need of such equipment and/or personnel within the territory and service area ofl.ialeton, or their prior use at any other place, which decision of availability shall be made by Littleton, and which decision shall be conclusive . C . The services to be rendered by one party to the other are of equal value, and there shall be no clw'ges made by either party for the services rendered to the other party, except in the event of equipment damage by reason of the action of the employees of the other party. If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. D . Each party shall maintain its equipment and organize its emergency response procedures with both personnel and equipmert to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is orpaued. Neither party shall be expected to respond to emergency caDs when the en.agency ames due to a failure to organiz.e available persomel or maimin equipment in proper working order and in ,aflicifflt quantity to meet the respective demands of the persons and property within each of the party's respeaiw territory and service areas . D. AUTOMATIC AID-ENGINE RESPONSE ONLY: A . It is imdenl.ood that III Englewood Fire Division engine unit will respond into Littleton's service area u pan of the initial response through automatic dispatching by dispakh personnel in to the below-defined area . DEFINED AREA· LflTLETON: See Exhibit "A." In the event that the appropriate Englewood fire units are previously conunitted to other incidents, Englewood will immediately notify Littleton's dispatch center of the inability to respond so that Littleton may call in alternative units . 8 . It is understood and agreed that a Littleton Fire Department engine unit will respond into Englewood's service area u pan of the initial response through automatic dispatching by dispatch personnel into the below-defined area . •• .... .... • ... I . • 0 '32xl ]- 1~- • Automatic/Mutual Aid Page3 • • - DEFINED AREA -ENGLEWOOD: See Exhibit •A• "'~ I~ In the ewl1t dllll the lppiupiatc Lialelon IDIS are previously COINMWW!led to other incidents, Litddon will immediately nocif'y Englewood's dispatch center of the imbility to respond IO that Enpwood may call in alternative units . DI. AUTOMA nc AID -RESCUE RESPONSE ONLY: A It is undentood and agreed that the Englewood Fn Division will respond an engine company from Swion #23 (Acoma) into a defined ara within Littleton through automatic dispatching by Littleton dispatch penoMCI. DEFINED AREA -UlTLETON: See Exhibit "B ." Automatic lid response into LittJeton will consist of an engine company, unless this unit is previously committed to another incident and cannot respond . In this instance, Englewood will immediately notify Littleton's dispatch center of the inability to respond so that Littleton may call in alternative units . It is understood and agreed that Littleton will contim,e to respond their normal Advanced Life Support unit and private tnnspon ambulance, if needed, to rescue calls in the dc6aed automatic lid response area. B . It is understood and agreed that the Lialeton Fire Depanment will respond an engine company iom Lialeton Slation #11 into a defined area within Enpwood through automatic dispatching by Englewood dispatch personnel . DEFINED AREA -ENGLEWOOD: See Exhibit "B . • Automatic aid response into Englewood will consist of an engine company, unless dlis unit is previously committed to another incident . In this instance.. Littleton dispatchers will innediaaely notify the Englewood dispatch center of the inability to respond, so that Enpwood may call in alternative units . It is understood and agreed that Englewood will contirue to respond its normal Advanced Life Suppon unit, or private ambulance, u needed . It is also understood and agreed thar Littleton will not be apected to provide tnnlpOIUlion ICMCCI. .... • . I . • 0 '32xl ]- - ~Aid Page4 ·, • • • IV. SUPERSEDING DnCI' OJ TBIS AGREDll:NT V. OTIIEll PROVISIONS A In coafbrmlllCe wida Article X. Sedima 20, of'dle C'Gllllilurioe of'the Scale of'Calondo, dais COllll'ICt all be valid &am die cllte of its eeaarioe Ullli Dec.,.. 31, 1996, 111d .... be •dcJIDlric:eDy renewed It die .. of'wb Clladlr yw ................... party.,. wriam mlice to lbe ocher of its --DOC to 1WW It .... dlirty (]O)..,. pnDI' to 0.m .. 31• of'ay Cllallr' yw. In addiliaa, lilber pllly mnto may• · se dis cmlraCt widlout cause upon thirty (]O) clays prior written DOCice to die odm l*lJ. B. TIie respecuve cln:ton lilled below -, esPlblilll procedunl 111d protocols b lbe cmyilla out ofdlis Agreemem; llowever, ao u:b procmlure or pratocol _.be~ to the --of'dlis Apeement. • I ·~ • I . . 0 I ~~)( I - AutomaticlMulul Aid Page5 • • • .,, ~ IN Wff"Nm WBEUOF, die parties hcrao !me e,ec,,ted Ibis Apemcnt Ibis ----day ol , 1996. CITY OF LITIU:TON By: ________ _ Dennis Reynolds, President UUleton City Council ATl'FST: By:. ________ _ Janice L. Owen City Ciak APPROVED AS 10 CONTENT: By: Mike-.----Doy-le _____ _ Fire Chief APPROVED AS 10 FORM: -·· . . ·ey: ___ ._··_·--_._-_· -_· ..:.· ......... _ .. ·, __ ... _ ... Barry Sepl Assimnt City AIIIOnley ....... ENGLEWOOD mtE DIVISION By: _______ _ Tom Bums, Mayor City of EncJewood By: _______ _ Lou Elis City Ciak APPROVED AS 10 CONTENT: By: _______ _ Allen F. Slallley Direclor of Safety Services APPROVED AS 10 FORM: By: _______ _ DIii Brotzmln City Allomey .... . ' • . ... I • • 0 '32xl • ,, - 0 • ;z C> ,30 ,- 0 ..., C: :z::: z 0 c::, 0 ,..., )> c::, ,0 ........ >< ,.... ::i:: m a, V'I -4 -4 -?; ,.... -4 "" 0 -4 > 0 n z 0 ;,i::, )> ;,i::, C: --4 8 i ;,i::, V'I -4 n > 0 • I l • I . ' • ,.... > -C r+ r+ r+ 0 -= Ill i5i r+ r+ 0 :::, n V'I > ... -· ... c.. r+ -· n 0 0 :::, .., .., .. --c.. ........ 0 V'I .., r+ ... ... -0 :::, .. N ;,i::, Ill "' -,:, ,., 0 :::, :::, IQ "' Ill Ill c::, ! -o < c.. -· ...... "' ,- 0 ... :::, ... Ill ... 0 :::, n .. '< a, 0 C :::, c.. I . . ... .., Ill "' I 0 • • • I " • • I .t 0 I ..I ' ,'jGWIOOD/L IT TL ETON AUTOHATI C AID BOUNDARJ~S AND CORRIDORS EXHIBIT 11 8 11 • 0 I\ C\I M .... • • • ) ••-••Automatic Aid Corridor Enylewood/Littleton City Boundaric !>-•-•11 --~·Littleton Station fl/Station 12 Response Division I=-.;=:1 -Shaded areas denote nlt!dical response arl!,1S • ( • • ~ ]~- • Date January 15, 1996 INITIATED BY Utilities Department • • ... COUNCIL COMMUNICATION Agenda Item 11 a 1 Subject Construction of Four City Ditch Strudures STAFF SOURCE Stewart H . Fonda, Diredor of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval, t,v molion, of the bid for the construction of four City Ditch Strudures. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ,,. - The major purpose of the proposed City Ditch vault structures construdion is to finish enclosing the City Ditch from Chatfield Reservoir to Mclellan Pump Station . This will enable the City to use its' 1948 Water Right from Chatfield and pump the water to Mclellan Reservoir. Englewood currently cannot use this right because of the ditch icing in the winter. Englewood should realize a significant amount of water depending on the call on the river. The proposed contract would encompass construdion and modification of three concrete vaults plus construction of one headwall. The vaults would include installation of access doors and sluice gates, vents , stairs and other miscellaneous items. The Ditch will be shut off until April 1st which is also the anticipated date of substantial completion . After April 1st there will be water in the ditch, however, work for final completion, such as seeding and clean-up, may be performed . The project is located in three separate locations along the City Ditch. Two locations are between Chatfield Reservoir and C-470 and are located in Douglas County . The third structure is at the pump house near Santa Fe Drive , located in the City of Littleton . . - I . • 0 - - • • • . . Due to the time constraints of ordering these items, the City has purchased the slide gates, Parshall flume and Bilco doors. Installation of these items are required by this Contract. In addition, there is an existing 3 foot diameter CMP used to enclosed the existing recording device at the existing Parshall flume. This enclosure shall be relocated to the new flume vault. "' - Requests for Bids were picked up by ten vendors for the Construction of City Ditch Structures. FINANCIAL IMPACT A bid opening was held on January 4, 1996 and the following bids were received : New Design R & D Pipeline Paramount Construction K.R. Swerdfeger $82,000.00 $94,838.00 $138,789.00 $170,206 .00 Nllw DNigr'I Conswction Company la ltw ,.camm11ndad low bidder• 112.000.00. FLO Engineering , the Technical Engineer, has recommended acceptance cf the low bidder, New Design. The Utilities Department budgeted $75,000.00 in the 1995 Budget for this project. This money was allocated under #09-03-43211. Funds ... available out of the fund balance for the overage for this project. UST OF ATTACHMENTS Bid Proposal Tabulation Memo from Betty Goosman , Bu-/8f' Ill, dated Januay 5 , 1996 FLO Engineering Technical Evaluation Report ·. . • . ~ j -.-~ - '· ... I . . • , ~?~I . .. ' "' ~ • . I ./ I ,...., ~ City ot Englewood, Colorado Department ot Utilities City Ditch Structures . ' Bid Opening : January 4, 1996 11 :00 am Bid Item Qty 1. Headworks Vault LS 2 . Flume Vault LS 3. Pump House Vault LS 4. Headwall LS Total Bid Price (sum of items 1-4) R & D PIPELINE Unit Amt 29,654 22,180 23,514 19.490 Q4 D'lD • 0 / -X N M . • l • ,· • Page_!_ ot _l _ BIDDERS K.R. SWERDFEGER NEW DESIGN PARAl«>UNT CONST . Unit Amt Unit Amt Unit Amt 36,235 18,000 26,192 58,302 30,000 42,620 45,041 17,000 41,028 30 628 17.000 28.948 117n 2n6 82-000 138.789 • ( . • 1 - ]- TO: FROM: DATE: • • • Bill McCormick, Operations Superintendent Betty Goosman, Buyer III~- January 5, 1996 SUBJECT: City Ditch Vault Structures Ten contractors picked up plans and seven contractors attended the mandatory walk through on December 22, 1995 for the City Ditch Vault Structures. Four responses were received. I have already given you copies of the bids and the technical information received. Please review these bids and provide this office with a written technical evaluation . The award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications.) Since this expenditure will be more than $20,000.00 it will need Council approval. Please give me written notification upon approval by Council so we can proceed wi th this procurement. If you hav e any questions. please give me a call at ext. 2392 . ' , .. I. • 0 -• • t• - Jan-08-96 16:49 • Civil & Water Resources Engineering January a. 1996 Rill McCormick City of i:.nglewood, Utilities 3400 S . Elati Street ~lcwood. CO IOI I 0 llli: City Ditch Structures (FLO Job No. 10490) Dear Rill, A5 rcqueslc:d we ha'YC reviewed the bids and references for the twO lowest hidden for the cunstruction of the City Ditch Structures. There were four bids submitted as summarized below: Uiddc:rs I. New Desian 2 . R & D Pipeline 3. Panunount<.;onstruction 4. K..R. Swerdfe;cr C~t. Total amuunt of biJ S 12,000.00 $94,131.00 $131.711.00 S 170,206.00 For the two lowest bidders. New Dcsip and R 4: D. -checbd the fallowing 1. Uid ~hulations: no enurs found on ei&ha bid 1111ft1M1Y 2. Bid hnnds : New Desip submitted il bid boad of 5 % which IO&a1s las 1hcn the minimum required ofSS000 .00 R & D submi~ SS000.00 bid bond u required. 3. Refcrcnceli for New Daign: New desip coastrucl&IJ a cast•ia-pla&:c coaclClc box bike undcrpu." for Summit County. Summit County repor1Cd that Ncw l>csip performed very well in tenns of their c<1ncretc work product. Hu-ver, they alsu reponcd lhiit lhey wen: untimely in performing snme warranty work and allil> that they sr,cnt a sianific:.mt amount uf time rcqllelltina and ncaotiatilll: chanie orders. New Desian bu .all() work for the City ofEn1lcwood. We undcrs1ald that Enallewood pm1onnel 4 IO 5oulh l"tendl StrNI P.O. lox 18 ............ COloradD 10Ca. (970) ~ • • • • • , • • • ,,.. <•70'I......,. ,,,_ P.02 I· • 0 1 32xl - - . .Jan-08-96 16:49 Dill McC:onnick January a. 1996 Pqc twn (. • • • rcporu are similar to Summit COUIII)' in dial New Daip cloa ,ood quality work but ~ dill"ic:ult to deal with in terns of c:hlnae orders. 4 . Rcfcrc:nc:a for R 4 I> Com1nactiGn : We checud i-, nncrenc:es for R. 4 D. These included COOT and Flatiron SlNCIUl'CS. R 4 D imlalW COlll:nle inlcu. larac wncrm vawas 1111d pipe lina for both c:ntitie,;. Both rcfcrcnccs repunecl 1h11 R 4 D performed &ood quality 'WOrk. were timely and were abo vay easy lo work with con1nK::IUally. Doth rcfenn:a smcd thal R 4 D is ooc oftbc besl Conscructioo Companies tbal they bawc worked with. la summary it appears that New Desip is capabJc of lldeqlllllely paformina the work for the City Ditdl StruetUrb. but you sbou1cl llllicipa&e additional c:aordinalion time and c.:mt5 for coatractwal matters. If you elect In award the work to New Desip we rewmmcnd tbal New Desi;n resubmit their bid bond for the miuired mioinnaa orssooo.oo. If you have any qucstiom; or wish to dilc:lm this further plcalc feel frN to c:all. PMB/pmb ,- P.03 . ' • . .. I . . 0 I ~2xl - • • 0 I• • COUNQL COIIIIUNICAJION Date Agenda Item Subject January 15, 1996 11 a 11 Restaurant Contract -Golf Course Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Peru end Racrution COUNCIL GOAL AND PIIEVIOUS COUNCIL ACTION 1988 Approval of Restaurant Contract· Ander9on/Malloy, Inc. D.B.A.-Woody's Club 1986 Approval of Rataurant Contract -Mur..James Corporation 1982 Approval of Restaurant Contract -2101 Corporation IECOMMENOED ACTION Recommendation from the Department of Parks and Recreation to adopt • resolution approving the Golf Course Restaurant Conc:aaionaire Agreement between the City of Englewood and JOO Corp. BACKGROUND, ANALYSIS. AND ALTERNATIVES WWWiriED "'~ The Golf Course has provided a restaurant conceuion at the existing c:lubhouN linc:e 1982. The current concessionaire, Woody's Club, has operated the rntaurant facility since 1988. Their lnH agreement terminated at the and of 1195. A temporay lnH with Woody's Club will allow for wvice until a new conc:eaionaire Uk• over. lid Requests were distributed to twenty-thrN interNted vendors. Seven propoula we '9Caililed -Five bids were ac:c:epted, one w• a no bid, and one did not fflNt the bid NqUirements. CONTRACT : Even though the c:ontrect w• developed to provide fairnau and equality for both the Conceuionaire and the City of Englewood, many elarMnta of the c:un.n contract were changed that inc:rnMd benefits to the City and the patrOnS of the l'NtaUrant. Arns that were adjusted included: A 90 day termination clause for both parties, better financial reporting on the part of the new c:onc:nsionaire, batter control of ;.nitorial func:tiona of the entire facility, inc:t'eased accountability for staffing conc:ema, better customer Nnric:e to the golfing public, increased hours of HNic:e, etc. The development of the contract received input from the golf staff, the City Attorney's office, the Public Works Department, the Finance Department, the Purchasing Department, and the users of the restaurant facility. We did '9Caive a few c:onc:ems about aome inclusions in the contract, however, this wa the most bids rac:eived for the restaurant concession since its inception . The only item in the contract that bidders were allowed to adjust was the Percentage of Gross and the amount where that percentage would begin to apply . I . ' •· • 0 '32xl -• • , . • The proposed agreement provides for a full service restaurant offering breakfast, lunch and dinner. The lease agreement will extend for a five year period without any extension options. SELECTION PROCESS: Interview Committee -The interview committee w• created to provide a wide range of diverse input. Nine representatives were on the committee. The Director of Parks and Recreation was included during the actual interviews but wa not pan of the interview committee. Two members of the Finance Department were represented. The Finance Department monitors the financial reporting, the auditing proceu, the financial requirements of the contract, and the revenue commitments to the City. Also, the only item on the contract that could be changed w• the Pwcentage of Gron and the amount that the percentage to begin. We therefore felt it wa important to include both the Chief Accountant and the Director of Financial Services in the decision making. Bec•IN of their ongoing involvement with the restaurant concenionaire, both the Golf Manager and the Golf Superintendent were included on the interview committee. They also were able to provide insight on behalf of the golfing public end the users of the restaurant facility. The Golf Manager coordinated the interview process. Chuck Esterly, Director of Public Works, represented the Public Works Department. The Maintenance Division of the Public Works Department provides all maintenance and janitorial functions at the Golf CourN Clubhouse. The Buyer Ill from the Procurement Division, who developed the A.quest for Bids end managed the bid process, also served on the interview committee. Carolyn Armstrong. from the Parks and Recreation Commission, served on the committee. Carolyn not only represented the Parka and Flec:rNtion Comrniuion, but she manages the concenion contract at Cherry Creek Reservoir. Tom V•ldermee repieaent9d the Safety Services Division. Tom ia also a golfer and frequents the ...ataurant regularty. He provided input from an independent perspective. Brian Yaklich. Own. and Operator of l.ePNp'a Restaurant in Englewood, aerved on the committee. Brian provided inaight from the position of an actual restaurant owww. He also serves on the C... Service Board. Interview Process -All five V9ndora that submitted an acceptable bid were interviewed. The interview process allowed thirty 1301 minutes for each vendor. The vendor had the opportunity to give a fifteen 1151 minute praaentation and then fifteen 1151 minutes were allocated fat questions and answers. Evaluation crilerill w developed to grade each interviewee llncluded in packet). The evaluation criWia included financial considefationa, customer wvice elements, presentation and bid propoul, "*"' and pricing, marketing plans and Professional Attributea. The Plof111·1Nia1 Attribula included intangible elements such .. positive attitude. innovation and CfNtivity. motivation, commitment, etc. Each category w• based on a point ecale. The same four 141 queationa were asked to each vendor. The panel wa allowed to ask fat clarification, folow up, at address an iuue on any infatmetion provided. At the completion of the interview process. the scores from the committee were totaled. The committee recommended JOO Corp., who received the highest acate from the grading system. 2 ' .. I. • 0 , -• • • • JOO Corp. currently operatN the reatannt conceaion at Raccoon CrNk Golf Course. They have held the INN at Raccoon CrNk 8ince 1181. They ello own and operate r.t.o.'Q'a Pub. JOO Corp. ia managed by Julie OukllivM, Praident and Trewnr, and Jack Quinlivan, Secrwtsy of the corporation. Jack Quinlivan ha wvecl • the manager of the Raccoon Creek facility for the lat NVW'I (7) yura. Julie managed the restaurent facilities at the Foothilla Parlca and RacrNtion Dia1rict from 1181 lhraugh 1184. h currently manages the ~ located ... Chatflald and Kllplng. Jack and Julie Quinlivan have over tl*ty-flve (35) years upe1iala In the ,.....1n11ua1ry. They have over fifteen years expeiiela wvlng the golfing community • Raccoo111 a.t. Fooltllla Golf CourN and The MeldDWS Golf Coura. They cunWWly meilaiin I llaff 111M ha been with them lll)wher9 from two (2) years IO fiflNII (151 yars each. llaca .......... • CElldoeed Manoi_. wry poalliw9 from peat a,,411o.-. and Golf Cour'lee coa •C1911. JOQ Corp. W the only blddar 1hM hid w-.. upe1iaa DII ... I ful wvice ~ that caters to the galling OGlftfflUllity. JOQ Corp. did not ...... the~ flnalCill perCII .... of .... They CGffllllitlad to twelve (12) percent of Graa owr two hundred and forty 1houMnd .... Ct240,0DO). This ia the current oomrnitment from the existing COldrlCt. We ....... ii .. lfflOUlll 1Nt ia mainlble wilhout ..,, ......... to the COlilrlCt in the fUIUN. Ewn lhough 1heir perceiltlge qqunmem w not the higMlt, 1heir ....... of cuaw W¥ice and quality could provide the lllgar amount of rawnuea owr the ....... of the canllact. We feel JOQ'a commitment to custanw wvice iuuea, commilmalt to the local golf clubs, commitment ta daily rNtlUrlnt uws, and cammillMnt to.........,....,..... for both JOO Corp. and the City of Englewaad, wll be 1 8UCCN8ful ., ..... 11 for the future of our '9Staurant operatiana. Staff will be meeting with the Parlca and AacrNtian Camm 111Ion an Thuradly, January 11, 1 IH, to diacuas ataff'a recammendalion to City Cauncil. FIIIANCIAL IMPACT Fixed Mamhfy Rental: April through October November through March t 3,IIO.OOIManth t J IOO OCMNPmb t33,050.00 Conceuianlire 8h11 ello pay an amount equal to 12 .. of.,_ ..... In exceu of t240.0DO. LIIT OF AffACl•llllm Bid Proposal Tabulation Bid Prapoaal Raqueat for Bid Evaluation Form/Queationa Memo -lob Burgener • .. • • 0 , • ,, - . ' -• . • • . . Sheetl GOLF COISCE~IONAIRE BIDS I I 111:.M I 111:.MJ ISO COMPANVISAME ~m:GBQS.Ci HVl:.NimU~ I 1 · Aurora Hills Golf Course Restaurant • • ' 2 'Columbine Catering I 12% 240,000 I .. 3 Linda Matteson-Edwards 2% 12%-$240,000 4 Nine Kids, Inc. 8% 240,000 I I I S JOQCorp 12% 240,000 6 Velina L. Kahin I • • 7 Tee It Up Spons Cafe I 200A, I 225,000 ! I I I I I I I •No Bid -Did not complete items 1 & 2 I I I . . 0 Pap 1 - - • . " · .. • <, PROPOSAL: ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE BY: JOQCorp Julie & Jack Quinlivan 7229 W. Chestnut Drive Littleton, Colo. 80123 '• ·- .. ' .. . I . . 0 , ~~)( I -• • t• • . . BID PROPOSAL ENGLEl·/COD MUNICIPAL GOLF COURSE CONCESSIONAIRE THE FOLLOWING AP.E REQUIREMENTS WHICH MUST BE SUBMITTED WITH YOUR FROFOSAL OR ITE:·lS WHICH WILL BE REQUIRED TO BE SUBMITTED WITH THE EXECUTED LEASE. THE BIDDER MUST INITIAL AFTER EACH ITEM IN THE AFPROFRIATE SFACE PROVIDED. A. B. C. BIDDERS MUST SUBMIT PROPOSALS ON THIS BID PROPOSAi., FORM AND SUBMIT TWO ( 2) COPIES FOR EVALUATION PURPOSES.'-·--_t... __ _ ..J THE ONLY EXCEPTION TO THE AGREEMENT WOULD BE UNDER SECTION 9, RENT, WH I Cl-~ WOULD ONLY ALLOW A CHANGE UNDER PARAGRAPH B, AS TO THE PERCEti:-AGE OF ALL GROSS SALES OR THE EXCESS REVENUE DOLLAR JlJ ·lC'L1'l'!" . -.-:\ ., THE BI['DEF. IS REQUIRED T O PRO'/IDE A STATEMENT WITH THEIR BID INDICl>.TING THAT TP.E ITEMS EID ARE IN ACCORDANCE WITH THE REQ UEST FCF. BID WP.EN THEY ARE BIDDING TO THE EXACT REQUIREMENT OF OUR SFECIFICATIONS. ..-4'.. D. THE BI~DER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDI CATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCOP.DANCE WITH TP.E REJUEST FOR BID. ~ '-\ E. BID[EP. MUST PROVIDE WITH THEIR BID THE HUMBER OF YEAF.S THEY HA'i E EEEN IN -:tlf FOOD INDUSTRY AS IT RELATES TO THIS REQUEST F OP. BID . --·--- / F. THE PEF.FCP.~!AI'ICE BOND, WHICH IS REQUIRED AS STATED ON PAGE 6, SECTION 20 ~ THE AGREEMENT, MUST BE ATTACHED TO THE EXECUTED LEASE . · .. • G . THE INSDF-;;-JCE POLICIES, WHICH ARE REQUIRED AS STATED ON PAGE 7, D.l. ,, I NSUF.ANCE 1, MUST BE ATTACHED TO THE EXECUTED LEASE. -_·,1.... H . I. ·-' THE BIDDER HAS ATTENDED THE MANDATORY WALK THROUGH. THE BIDDER HAS REVIEWED THE ATTACHED LEASE. ._,. Ha v ing fully read and understand the information and requirements for the concession operation at the Englewood Municipal Golf Course, I submit the following percentage of gro•• and monthly rental as defined in Section 9 of the lease as the City of Englewcod's share for concession operation at the Englewood Municipal Golf Course. ,,, - • . .. • I· • 0 , - - • • • . ' BID PROPOSAL BID NO. 5-124 ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE TWO 1. Percentage of gross (gross as defined under the lease) (In Words and Figures) 2. Revenue excess amount to begin percentage of gro••· i.e. $240,000.00 i·~ C'7 j.,. I > ( . -~ ... "C ,·.,.L··. ,:,L~,. Ji,'.i!•l '€~~"'' ~'*' ,,.:s ·· ,l"\",,":ir p'T (In Words and Fi ures) Frice quote shall be firm for •eventy-five (75) day• on thi• bid proposal. SERVICE LOCATIOH e·i: -- ENGLEWOOD MUNICIPAL GOLF COUllSE 2101 W. OXFORD AVENUE ENGLEWOOD, CO 10110 ,,,_ }4,/, c l . d-' ' . _, ,, :.,"''-'. . :%,_ ,.lt,. /J .'1-.:;\- Name Date p,-6-LJ ( •\ I, Titl-e :s-oc Ccp - Com~any Ccmpany 7.J.'>0 li-c'1f':5t-r~,_+ /Jr LJ11dv, Address C/ /Li S'" :7 3¥· Telephone .. .. •· • 0 I I ]- • • • . . 11 ,'8 1??'5 0?:tr:i Tl€ LllltEII (()f'"j:lf; 10 303 ~6 1~ F.01 ,... Undtn Cuc • .,..., lnlufllU l llondlno "' - 2QOO s. Cokndo lloulMld. l«o!IO 0.-. Calorldo 80222 NO\'t"lllbet 28, J 995 1'0 WHOM n· MAY CONCERN B 756-B700ft' .. 303-156-7700/ 1-ID0-437 "1256 Wt" h:111dle the surety bonds for JOQ Corporation. and l'eel ttuu Ibey alt' WfV aeputable :1111 c,i~,l"nced In tht"h lleld . 11,ey enfoY a lhK" selatlonshlp with owners, archJtectS :md !mpplk.>ai;. Wt" recommend diem as :a "ell' competent and iellabll! cootractor. .IOQ Corpomllon Is capable of p1ovkllna bonds b1 the ranee of IS0,000.00. Should JOQ Co1por:1tlun ~ R\\':11~ a contrnct, Ibey have the abllhy to provide 100% Pcrfonnancc and Payment bonds In a~ With the contract documenls. tr w~ may~ of h1rtll@'r asslst.,nce or paovlde any :addltJonal tnronnadon, plrase do not hr5i1:11e tu cont:1ct us. Si11ce1el)', ,Ql-t.7r~-.,, l':i m It :mse n Customt"r ~"''~ •p,aenuitJve . ' • . • I . • 0 f 32xl - • • • • JOQ Corp. 7229 W. Che•tnut Drive Littleton, Colorado 80123 December 5, 1995 City of Englewood Purchasing Divi•ion 2800 S. Platte RiverDrive Englewood, co 80110 Re: Propoaal a l'ood mad lleYerage 8erri.au • Thank you for allowing u• thi• opportunity to introduce our•elve• and •hare with you our experience• which we f .. l will benefit the City of Englewood. We are Julie and Jack Quinlivan, 7229 W. Chestnut Drive, Littleton, CO 80123, Tel: 979-5938. We believe we can offe:-the City a great deal becauae of our combined 35+ year• of experience in the food and beverage industry. We both are, and have been, actively involved in the public golf industry, a• well a• currently owning a full-•ervice re•taurant and pub. Having keen insight into the need.a of the public golfer, we undentand the nec•••ity of good quality food at naeon•ble price•, fHt and friendly Hrvice, and conai•tenc:y. We recognize the need to work directly with the City to ... t any expectations they .. y have. We al•o realize the importance of working with the Ladie•' and Men'• Club• to gain their support while ... ting the needs of their organizations. We would alao proYide a poeitive nlatiouhip between the Pro Shop etaff and Conceeaion ataff ao u to project an effective team concept to the patrcma of the facility. We would greatly appreciate the opportunity to ... t with you in per•on •o that we can expn•• our willingne•• to accownodate the needs of gue•t• at your Facility and tor-ch an •gr ... nt for our mutual benefit and .. tiefaction. Sincerely,<:J. . ~, Udu c:zu.t/1'\i;,~ ~· J~ Quinlivan · Pre•ident/Treaaurer JOQ Corp. 0 ~~~A~ J~ Quinli~an "'--:,IIW-~#\ ' Secretary JOQ Corp. .. • • 0 ; , -• • • (. City of Englewood for Englewood Municipal Golf Cour•e Re: Propo•al: Food and Beverage Services by JOQ Corp. TULS OP COHiDl'l'S Cover Letter Table of Content• Summary of Propo•al JOQ Corp. Disclaimer Respondent's Entity Conce•sion Experience Food Service Experience Project Concept and Service Concepts Marketing and Promotional Programs customer Comments In•urance Requirements a. Worker'• Compen•ation b. Comprehenaive General Liability c. Liquor Liability d. Property Insurance Special Events Menus 2 l 2 3 4 5 6 7 8 9 10 ll 12 13 .. I . • 0 '32xl ]- • ,, • • City of Englewood for Englewood Municipal Golf Cour•e Re: Propo•al: Food and Beverage Service• by JOQ Corp. - The Respondent•, Julie and Jack Quinlivan, have combined 35+ years of experience in all area• of conc•••ion•, food, bar and banquet operations. This experience ha• •hown that conai8tency in high quality food and beverage•, fair and rea•onable pricing, and excellent •ervice are key to any •ucce••ful operation. Having managed operation• in the pa•t that gro••ed in exce•• of $850,000 annually and a •taff of 75+ employee•, we have benefitted the facilities, the public and ouraelve•. Pre•ently we own and manage a very •ucce••ful full-•ervice re•taurant and pub which we purcha•ed in May 1994. It bad been operating aucce••fully for 12 years and .under our owner•hip continues to grow. From 1986 to 1994, we were very •ucce••ful in the management of the food and beverage •ervicea at Clement Park and the Golf Cour•e• operated by Foothills Park and Recreation Di•trict. Currently, and as it has done for the past 7 years, our Rae-Trev Management company holds a successful lease at the Raccoon Creek Golf Cour•e. our financial strengths include our credit line with purveyor• who can provide us any product•/•ervices required. our knowledge of internal control management (staffing, purchasing, pricing, menu •election, and accounting practices) al•o demonatrate• our proven abilities. We strongly believe we can enhance the City with our working knowledge of the need• of all the variou• patron•. JOQ Corp. will run a first-cl••• operation and in•ure that all gue•t• of the Facility have a moat memorable experience. The City will further benefit from our prof•••ional experience by receiving projected revenue• in exc••• of $200,000.00 over the next five (5) years. 3 . , •. .. I. • 0 , -• • - <. City of Englewood for Englewood Municipal Golf Courae Re: Propoaal: Food and Beverage Service• by JOQ Corp. JOO Corp. 7227 w. Cheatnut Drive Littleton, CO 80123 ,,_ Julie and Jack Quinlivan, aa repre•entative of JOQ Corp., authorize the City of Englewood treat thi• •tatement aa public information. We alao atate herein that we will act in accordance with the Equal Employment Opportunity Policy •et forth by law and will in no way discriminate againat anyone ••eking employment or aervice from our Organization. We will alao act in accordance with the ADA Compliance Act. The following will reassure the City that we are very qualified to undertake the task of running the facility at Englewood Municipal Golf Course . This Corporation is environmentally conaciou• and i• actively involved in the recycling program. J .o . ' (.___ • L' 04,,?\.l i. :.tn Jul~uinli van Preltident ~ Treasurer JOQ Corp. (Seal) I~. ' ~-~ u4~-: ·._ < J•ck Quinlivan Secretary JOQ Corp. • I • ' I. • 0 , ~? I ]- • • • - City of Englewood for Englewood Municipal Golf Course Re: Proposal: Food and Beverage Services by JOQ Corp. Respondent's Entity: ,, - JOQ Corp is a Colorado Subchapter S Corporation that was established in April, 1994. Julie Quinlivan, an Englewood native, is President and Treasurer of the Corporation and Jack Quinlivan is Secretary. Both will be actively involved in the food and beverage service operations. Julie will devote all of her time and expertise to the operation. Jack, because of bis existing commitment to the concession operation at Raccoon Creek Golf Course, will assist whenever necessary. Rae-Trev Management Corporation, _of which Jack is President and Treasurer and Julie is Vice-President and Secretary, bas held the concession lease at Raccoon Creek since 1989 and it bas been very beneficial to both the Course and the Corporation. There will also be anothe~ key employees who,. along with Julie, will concentrate primarily on the hiring and training of additional professional staff, instituting inventory and cost controls, ordering, bookkeeping, and promoting and coordinating special events. These key people will have had an extensive background in concession services with a great deal of emphasis on the public golfer as well as special events coordination. We have several dedicated employees interested in these ventures with us . The key employees we will select to assist us with the daily management will be from a pool that consists of: Lynne Thompson, who presently is a Manager and bartender at r.t.o'Q's Pub, and who has worked with and for us for the last 15 years; Michelle Stevens who oversees the operation at Raccoon Creek and also opens r.t.o'Q's Pub on weekends off-season, has worked for us for the last 6 years; Lou Barricklow, who opens Raccoon Creek during golf season and waitresses at r.t.o'Q's Pub, has worked for us for 12 years; Mary Botsford, who works at Raccoon Creek as opener and closer, overseeing the operation year-round, has worked for us for 6 years; Michel Pufpaff, our present night bartender and supervisor at r.t.o'Q's Pub previously managed The Buffalo Rose in Golden, and has worked for us for 18 months; Jack Conville is our kitchen supervisor at r.t.o'Q's Pub and has also worked at Raccoon Creek for the past 2 years. Aa you can see, staff longevity and dedication is key to successful organizations. We have been successful greatly due to employees like those mentioned above. JOQ Corp . does not anticipate any difficulty obtaining a liquor license as all background information is already in place (in accordance with Section 1247-119, Subsection 5) pertaining to Julie and Jack Quinlivan. 5 • ..... - I . • 0 f 2 • • 0 - City of Englewood for Englewood Municipal Golf Course Re: Proposal: Food and Beverage Services by JOQ Corp. Respondent's Entity: JOQ Corp is a Colorado Subchapter S Corporation that was established in April, 1994. Julie Quinlivan, an Englewood native, is President and Treasurer of the Corporation and Jack Quinlivan is Secretary. Both will be actively involved in the food and beverage service operations. Julie will devote all of her time and expertise to the operation. Jack, because of hi• existing commitment to the concession operation at Raccoon Creek Golf Course, will assist whenever necessary. Rae-Trev Management Corporation, of which Jack is President and Treasurer and Julie is Vice-President and Secretary, has held the concession lease at Raccoon Creek since 1989 and it has been very beneficial to both the Course and the Corporation. There will also be anothe~ key employees who, along with Julie, will concentrate primarily on the hiring ar.d training of additional professional staff, instituting inventory and cost controls, ordering, bookkeeping, and promoting and coordinating special events. These key people will have had an extensive background in concession services with a great deal of emphasis on the public golfer as well as special events coordination. We have aeveral dedicated employees interested in these ventures with us. The key employees we will select to assist us with the daily management will be from a pool that consists of: Lynne Thompson, who presently is a Manager and bartender at r.t.o'Q's Pub, and who has worked with and for us for the last 15 years; Michelle Stevens who oversees the operation at Raccoon Creek and also opens r.t.o'Q's Pub on weekends off-season, has worked for us for the last 6 years; Lou Barricklow, who opens Raccoon Creek during golf season and waitresses at r.t.o'Q's Pub, has worked for us for 12 years; Mary Botsford, who works at Raccoon Creek as opener and closer, overseeing the operation year-round, haa worked for us for 6 years; Michel Pufpaff, our present night bartender and supervisor at r.t.o'Q's Pub previously managed The Buffalo Rose in Golden, and has worked for us for 18 months; Jack Conville is our kitchen supervisor at r. t. o• Q's Pub and has also worked at Raccoon Creek for the past 2 years. As you can aee, ataff longevity and dedication is key to successful organizations. We have been successful greatly due to employees like those mentioned above. JOQ Corp. does not anticipate any difficulty obtaining a liquor license as all background information i• already in place (in accordance with Section 1247-119, Subsection S) pertaining to Julie and Jack Quinlivan. s -• ' ., I • • 0 , I ] • • 0 - City of Englewood for Englewood Municipal Golf Course Re: Proposal: Food and Beverage Services by JOQ Corp. Concession Experience: As stated earlier, Rae-Trev Management Corporation currently manages the concessions (Creekside Green Cafe) at Raccoon Creek Golf Course as it has for the past 7 years. Raccoon Creek Golf Course is located at 7301 W. Bowles Avenue, Littleton, CO 80123. Jeff Carpenter, Director of Golf, can be contacted at 973-4653. currently at Raccoon Creek the annual gross sales exceed $150,000.00 in a facility that only seats 48 guests with limited banquet space in the cart barn area. On-course concession carts and a barbecue set-up on the 10th Tee, as well as a large patio, are key to the success of the operation. Rae-Trev holds the current liquor license with Jack Quinlivan as Manager. Julie had been employed by Foothills Park and Recreation District from 1986 to 1994, starting her employment as the Manager at the Foothills Golf Course Restaurant. She was promoted to Food Services Supervisor for the District in 1990, overseeing both the Foothills Golf Course Restaurant, and The Meadows Restaurant at the Meadows Golf Club, as well as Clement Park and The Athletic Complex Concession Stands. Bob Easton, Executive Director, can be contacted at 2200 Old Kipling, Lakewood, CO 80227, Tel: 987-3602, or Dan Hylton, Manager of Golf, can be reached at 6937 s. Simms, Littleton, CO 80127, Tel: 972-8831. At that time the Food Services for Foothills District grossed over $700,000 annually with profits in excess of $50,000. Specifically, Foothills Golf Course Restaurant grossed approx. $275,000 and The Meadows Restaurant grossed approx. $375,000, and Clement Park grossed approx, $50,000. It should be noted that the Clement Park Facility is a seasonal operation dependent upon users of the lighted ball fields. Also, the major difference between the two restaurants, which should be mentioned, is the amount of banquet and special events that were held at The Meadows because of the size and scope of the Facility. The Meadows is capable of handling an event for 150 people, as well as the public golfers at the same time. The Foothills can only accommodate 100 people including the golfers at one time. 6 .. • I . • 0 ]- - • • ·, • City of Englewood for Englewood Municipal Golf Course Re: Proposal: Food and Beverage Services by JOQ Corp. Food Service Experience: ,,,_ Julie presently operates a very successful full-service restaurant pub and night club, serving breakfast, lunch and dinner daily, featuring live entertainment and providing service for &P,eial events including meetings for civic organizations, political groups, golf tournaments, sports' banquets, holiday parties, and other catered affairs. Before buying the Pub, Julie's I years with the Foothill• District has already been noted. In addition, prior to her employment at Foothills District, Julie had worked for Joe Prinzi, owner of The Old Country Restaurant, 314 Onion Blvd., Lakewood, CO 80228, Tel: 986-5531. Beginning as a cocktail waitress, then food server, she then became a full-time Manager of this very successful full- service restaurant, working there for approximately 8 years. Jack's experience, prior to providing the food and beverage service at Raccoon Creek, was working for Bottom Line Management, Inc., Jim Hotchkiss, owner, c/o Jose O'Sh-'s, Onion Blvd., Lakewood, co 80228, Tel: 988-7333. Jack worked for Jim in several of his restaurants, lastly at Paradise Cove u General Manager of the full-service operation. 7 'I .. I. • 0 ]- - • • . • ' (. City of Englewood for Englewood Municipal Golf Courae Re: Proposal: Food and Beverage Services by JOQ Corp. ,, - r At this time the general concept for the operation of thi• facility would be to provide aervice to the public in a convenient and comfortable aetting and provide a quality product at a fair and competitive price. Thi• to include good aervice in a timely fashion and meeting the needs of the patrons. Through the experience we have, it ia obvious that if patrons feel comfortable and welcome, they will apend recreation dollar• more freely . By meeting their needs and offering a variety of choice• they find pleasing, everyone benefit•. Consiatency --consistency pertaining to high quality product and excellent aervice --in thi• type of operation is most important! In addition to the daily golf oriented operation, there would be some emphasis on tournament package•, Ladie• • and Men• s Club functions , as well aa outaide meeting• and apecial events that can be scheduled. Thi• being a public facility, we will be able to accommodate a wide range of outaide n .. da. above and beyond the golfer, whenever poaaible. There are many contact• to be made, auch as aervice organization•, realtor group•, inaurance agent•. and other local group•. that are anxioualy awaiting a new apace to meet . Off-aeaaon event• and banquet•, auch aa Chriatmaa parties and sport• banquets, could be key to the Facility alao because of the need to aervice the community. Again, aince we have an on- going working knowledge of thi• type of operation, there are many advantages we bring to The City. Any ideas contained herein can be expanded upon to our mutual benefit and for the enjoyment of the enti~e community. I • . ·,. .. I. • 0 , I -• • • (. City of Englewood for Englewood Municipal Golf Courae Re: Propoaal: Food and Beverage Service• by JOQ Corp. IIUU'i'IID AIID .-...n'IClll&L Along with accoanodating tbe public golfer on a daily ba•i• and offering them what they need and want, we will ... t other needa of thia key group. Through enticing touznament package• we will be able to accommodate larger group• of golfen and, while aaaisting them with having a moat aemorable experience at thia Pacility, they are a captive group willing to apend aore dollan than the average golfer. We have attached a couple of exieting tournament applicationa and truet tbey will be a guide to follow. Realizing that the golfer ie our aain foc:ue at Englewood Municipal Golf Courae, we will, of coune, acccanodate them fint and hope to never inconvenience them. Thi• i• poaeible while accommodating various other group• at the .... ti-. areakfut ... tinge and even all-day aeminara are very poeeible. Many evening events of appropriate aize and even weekend dinner• and receptiona are workable aa well. Off-aeuon eventa, auch u eporta awarda banquet•, wedding receptiona, rebearaal dinnen, and holiday parties will be very eucceeaful. Word-of-mouth advertiaing will be key to our aucce•• and we will alao take advantage of printing our availability on u auch printed aaterial •• poeeible, auch as our menu• and brochure•, and even flien we could poeaibly put out in other City facilitiea. One other area we aay conaider tapping ia the •off-eeaeon• card player•. We know aany ti•• groupe that aay golf together •on- seaaon • look for excueee to gather, and bridge or pinochle are very popular game• with both~ and woaen, young and old. If apace ie made available, they tend to freely epend acae dollar• on a nice lunch. Thia allowa them eome eocial ti• while the Facility benefits too. I •. .. • • • , ]- • • • <. City of Englewood for Englewood Municipal Golf Courae Re: Proposal: Food and Beverage Service• by JOQ Corp. ,. ~ As atated earlier, cuatomer aervice and aatiafaction ia critical to the aucceas of thi• operation. There will be a reaponaible person on duty at all times to handle any aituation that uy develop. We need to have the attitude that the cuatomer i• always right, and do anything in our power to aatiafy them. We believe that handling situations a• they ariee, in a timely faahion, i• moat important. We will gladly welcome auggeetiona and conetructive criticism anytime, and we will periodically uae comment cards to eee how we are doing in our customer•' eyee. Collection and monitoring of customer feedback will only enhance our aervice to them. We have also found special event evaluation forms to be invaluable. 10 '' I . I. • 0 1 32xl -• ,. • • City of Englewood for Englewood Municipal Golf Courae Re: Propoaal: Food and Beverage Service• by JOQ Corp. The attached Policiea for Worker'• Compenaation Inaurance, General Liability, Liquor Liability and Property Inaurance •bow our active coverage for JOQ Corp. The food and beverage aervicea operation for the City of Englewood for Englewood Municipal Golf Courae would be an addition to our exiating policy. 11 . . .. .. I . • 0 1 32xl ]- - • • • • <. COLORADO COi-'.!';· · ~TION INSURANCE AUTHORITY 720 -·u,, ·:.:~ORADO IOULEVARD DEi I, .:.. ·.ORADO IOZZ2 04/07/95 PAGE: 1 r- SUl",11ARY REPORT r<,t:.Ct·.l'v c.Li : ·.;, i JOQ CORP DBA RTO Q'S PUB IMC 10133 WEST CHATFIELD AVE LITTLETON CC 80127 APPL ID 19950317-007 POLICY &ROUP ZO DATE ASSIGNED / / ASSI8"£D POLICY S309085 AGENT CODE/NAME: SZ170 COLORADO RESTAURANT SERVICE AG REQUESTED COVERAGE ASSIGNED POLICY TERH 02/18/1995 -01/01/1996 ASSOCIATIOH COLORADO RESTAURANT ASSOCIATION COVERAGE INFORMATION IUSINESS 8412644520 LOCATIOH 0000 DIA RT O Q'S PUB INC El'ff'LOYEE COVERAGE CLASS RT DESCRIPTION 09079-05 EH RESTAURAHTS E""LOYEES PAYROLL 12 60,760 l'Lki"Y ,~~EDVLE "' / 9 ::, -D&/01/1993 -t 118/01/1995 -t PREMIUM INFORMATION MANUAL PREHIUH INCREASED LIMITS 576 57! 578 05/01/1995 -t C:'/~~.'1'95 -t SiJIJECT PREHlUI" EXFUIEHCE HODlFlCATION ADJUSTMENT MODIFIED PREHIUH SEAT SURCHARGE PREHIUM IEFORE CCIA ADJUSTMENT GROUP AFrlLIATION DES!G:fATED PROVIDER DEVIATION ADJUSTED PREMIUM ANNUA~ POLICY FEE ESTIMATED ANNUAL PREHIUH MINIHU!"I PREHIUH Z.50X 578 571 RATE "·" z., .... 2,844 2,844 z., .... 71 2,773 115 2,181 279 PREM:UH 2,844 ' < 0 I . • 0 , • • "' - • . • ' ,:;, G: COLORADO COMPENSATION INSURANCE AUTHORITY INSURANCE alLL , ••• 1 l JOO CORP DIA RTO O'S PUI INC 101SS VEST CHATFIELD AVE LITTLETON CO 10127 De ........ '. •utwlffl L..Sf ACTIVITY ... Tl ea,t1'1ffl AIIVAIICE Pllllmlll llaTALLICINT 11,1a,tffl -11,11,i ... :. l .... ~ ...... Call: CGI.IUIIO ftSTMIUNT AIIVIQ amlC'f, ... .._"·aft ... IIIWIICONftl 11111 a11-1tn ,.·.: .... ·.: .. 111.11 911.H 1,116.11 nn11 S?I.H '----""""-"C,:ur::;.;.;renl;;;;,; ... =ence=;.;ffl9=1Y:..l'llll=..;.;'lllacl=:;;.;;;11t;_;•,.::;-=ll;.:-===··-+-------+-------+------,4· "To avoid policy cance1111ion . Curreftl ••--'' "°"' prtvioua bills muSI be paid by 171.H S?l.11 1,116.N 111.11 S ._original~ due daln. lleftr lO bill t--;,.--..._----t-+-,..--~-----t-.-Cllriwnl-. -. -... -. --~-~+--..._-.-.-Dut-.-'!"•-11 dDl:umtnl• for due dtltl . . ~ • .. I • • 0 , ]- • -1\1"'." r;en .. r" I r,,..,, I 1W'\ V..ll) ;"1111"1 t11 ,.~,· •• ,.,,. ·-· ... ,'IJ rr,u11r: ( llP) f•·13_o;~::·, r/1~: c~,n) :::11 . 11111 -.1.11.n. r ,,,·;,. ·'ha ILT .n. "'<:: r,,t· 1'11 ~.1r ,,. , .... , ri .. ,,, l.il.l.lttr,11. CP ·:·11 .:1 •\'.1 ''111f•· • • • ,. ~ Insured'• Copy -Duplicate has been sent io the " ----. Certificate Holder; -···--·--· -···-··-··--··--------~-------·------------------1 lMIS lS TO CEl'TIFY TMA T THE POLICIES OF INSURANCE LISTED BELOW HAVE 1UN ISSUEt> TO lME INSUAID NAM1D MOYE FOi' lME "()LICY l'IIIIOD INDICATEO. NOl'Wm4STANDING #WY AEOUIAEMENT . TEAM 0A CONDITION OF IIHV C0NmACT 0A OTMP DCJQMENT WITM AEPECT TO WHICH lMIS CEtffiFICATE MAY IE ISSUED OR MAY l'l"T-. THE INSURANCE AFfOADED IV TME "()LICIES DESCAIIED HEIIEIN IS ...CT TO ALL THE TEAMS . IXCWIC>NS ANO CONOIT10NS OF SUCH POUCIIS. L.MTS SHOWN MAY HAVI IEEN MDUCEO IV l'AID Cl.ANS. s:.j' -. .:-·-I --I':;_~,: ~.:7a:7,"i ..... ·~------- -·-"" I ; __ ,. :1;/}tlfl,•!'_~. ~ : Y. ! CCNMl.tllCIA&. OENf1'AL L&A8ttlfY I 1" I, : '11;"-· 11 ! ,1 / ·; 1/'11 l ~ / :··•/ .,, . I flllllX>UC1'1 -COIIPG'ACIG ; •:'. fl'1!' ,'.''."}. i j i CUNSMADf •. OCCUR I i-·--y i •J .' . .':,'1']\.!. •-r,·uco,n,..c,°"s""O• i EAO<~ I 11,'")'\Ql)Q. I ~I UOll.m , ANY AUTO i ... 1-o•u•os I SCMfOULED AUTOS ,-D•UTOS ; NC*-OWNIO AUTOS j IMVAU10 _.._ ..... I OTMlfll THAN ....._LU J(WIIM --TDl---·IJA8LITY TMl~TOAI , ~AIITNllllS.i~JtECUTrvt 0,'1CIIWatOE. otiiiii INCL UCL I ,..a-or,a.,-... , I 5'1,~1'11). i MEDEXf'C...,__ I :, 'lUJ.J I -··~ • : COU9INID IINGLI UMIT I I : j I IOOll V WrUJ"V ,~-· I aooll.Y-Y ~-I :, 1-y-. !~·----··- OUTOCN.Y ·IIA-· I j ---CN..Y · ;-···-·· -·---·- i --:~ I .~..!!...~--~~~-.. , \ IACH OCICUIIIIIIIICI ! I 1-CIATE : I . ·-·: i ~J:.Vi l 1e::i 1 1 11.IACM__,T :• ·--·tV.ICYUMff : I 1 •--:~~·-·------· I "rt. H teat" I 'n I ,Irr i ~ .~•.Id it i i,1111 I I ns••r-;,1 rcr rn,,11 r:•~~•111 "t: t.ai:hr•I p,.: lfll )jr I'. r,,, Hi,)1•1 flv .... l.lt.tlfl'tntc. t:fl :Ml2J -----------.1. :i. «.11111"1,111 r,, --.. ,.-.----...--... -viii" r•t•tr. t,·1 1•. ..JA--. • ... ---!11-----111-LWT, • . ... .. I • ..... , rrfl'dt•t·ld f:p~~ •. '"· •: .' n r.nnv 111,. r ~ 1 t. I c: t 111 ·1•. , , , p, H. r.11,, ,.r I•· I .i r,v". ___ ,..___________ 0 ------·----·---·-. l\11rn-r.1111rr11 I ;.;,.iirnti~ ~~~ .... :· :1.•1.:; eACGIID c:GMIOMTION t• i • ]-- • • 0 • No. COL 01 01 7 4 GENERAL LIABILITY POLICY Canal Indemnity Company Greenvlle, SouthCa :;:::'°:=lna=-------:-·~:7---;-- Thi, ,:-,n, roct ii rt!lilt'!r!(f and !!el ivered l ~" ::,,1-pl·,. lit:,. f,CV':fc"Y" 11n~•r thn r.1 .. :!1 r1 lB 1.11,1r:;. 11'.';1.J~t/\:I<:=': ,'\r;T. Named lneured and Address (No ., StrNt, Town , County, State , Zlpl l'r~·.,::•,,· r,;• fQl.,~.O~ J.O.Q. Corp. DBA R.T.O.Q's Pub 11-· 7229 West Chestnut Drive r ()•;-:y "'"" ;,,1<1/,,, °!i'x •. ·-'fl.'. IL Littleton, Colorado 80123 i:~;:;;;;i~i,r~~::-c .. --~~t·j Poley Period: Tut:,1 $ 3~f~ _ Fram 4-29-94 To 4-29-95 -- 12:01 A.M.,llandard time al the address of the named ln1urtd as stated herein . 91 IIEl\lAN FOR THE PAYMENT OF THE PREMIUM . AND SU8JECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WITH YOU TO PROVIDE 1l4E ltSURANCE AS STATED IN THIS POLICY LNITS OF INSURANCE Occurrence Limit s I,Q!lQ,QQQ, Personal Advert ising Limit SJiQt l:clr'.eced Occurrence Limit s Hat l:clr'.eced Fire Damage Limit S..Not l:clr'.ered.___ (Produc1s and coff1)1tttd oper1tion1) Mecfical Expanse Limit s NQl. ,Qvered Products-Completed Operations s Not Covered General Aggregate Limit s 1,000,000. Aggr91ale Umlt (Other than Producls-Completed Cperal ions) -BUSINESS INFORMATION Form of Busin ~,s: 01ndivi dual 0Joinl Venture 0Pannership []) Or~izetion (Other than Penn,rship or Joint Venture) ,cation (s) (In cl ud ing Zip Code )"' All Premises you Own, Rent or Occf41Y (Enter "Same· I nrne location as..y,our maillr..51 eddres~: II": 101336 II t Ch tf · Id A "1 111:.i.'.,II -~-";: r:.-; •. •,,r ,•:r · . es a 1e venue .&.a'-"S!t ~, •11rr_·,,: u ,, ·,r: ..... t,j'• · •• '~i..._..; .. Littleton, Colorado B0127 r.-11 ra•,.-~., ., .. :.-·: ,~, ,. '.'."''-'!'.'·! e~r.:.n ,,~ c\~::··· .. ,::·.:•:i:~t ,.:··. · , ,;•·.!!-• Your lnterel1 in Suc h P,emises : Downe, D LessN (] Tenant O ~~D4'i ': r:~: ·~··.1 °~•,!l'IY n ,:,;;;--·:~c:: 11 • Other : C::-1("\i()C.~--:rn~·.~··nv ~.U.".:•\IDUC .. Rel• Advance Premium ..clauifgti!'Q C.o.lir..No Pr.amillm.Bw Pr/Co Al~ Pr/Co ........... Restaurant 58161 s) 300,000 ff/A 10.22 SN/A I 3066.00 l·tliHJ.iUI~ & DEPO ~ -. ......a.. --·-·-~~ LIQUOR LIABILITV 0 NL Y Toul Advance Pr lnium I H/A ~·----.. --·-..._,...,.."' ....... -- ()d., ChargN T-Em S'6'ot,~.?~~1~°'it~11 ~~ftrd 'tti,l t\~T; . cG0033 c 11-aa, • IL0003(11-88), 1L0228 10-89i, IL0021(11-85) ~ . 1.alll Poley Premium . ,oency Neme/ Addr11 1: Adco General Corpor II ti on ; - ........ Denvtf,-t9lo~11, ) , !, . . ~ / ,', , , . " .~~,~ By ·/ --,, ..... ··-~4-</11', r ,, ._ ........ •' ,,· • • 3066 .00 • 3066.00 • • • 3066.00 CHII IT I • • 0 f ]- • 0 t• • 1'tl ·:·1~-1 ~P1 ,,,((I l';en"r:"\ I ',,r1 · t.~pi t .• I 1, •. 1.,,,,d t:.' r,,,·y-•,rrl I i,·11 111:m Ya I 'II~<' t11 _, ~De, -------.!.l).'l. ("11rr. "'~ I f """ ILT .'l. "' c: "•1 1· 1·1111 l'l H. 111 .••r;,.1,! 1'.v,·,i·,, 1 ltt.1'!1"''· l!I ·:,11 :1 W#ietM CONTINLWDUNTI. ~~~--n·F.·•_r. __ ~~~-----q_o_•_-__ o_ r: .. , ·q,, i..ciciliiii1H WiCM 1 ·11 'l r 1:. I i 1,••fi, 1,1 .'h ,r !l'I". Litttftnti., (°'"\ • :. '"; _.,;,.;,'f", :-::-.. ----------------------------- lnsured's Copy • Duplicate has been sent to the Certificate Holder . • ·.:.:. -•. • ........ -~r ~ .... --~-~-·:"'·,~ ....... p .. s •r-.•. ~;-; .. ~--=~~~~!' ... ~ r -0,--- ··,,r:f,,,c;"':, ,,,., ..... ,.tJ ,•' 1·1 ,•l'Dl 'i , .• '·I '"' i;\I r,,,.,., .. ~11' ; .. ,_;t 111 r,t1 ;, \ \J.11').'l!l••. • :-v,_f•1c;iru1c;: I\ ;, T11-,,,·.:a tt •·,. r~~f'l;\<;t "•l t'"1" f'r'l!"f • ••• .,: ; .... •· •. ~ ::• • 'rt •'I::-•' ,;-·\-•••,:"'i '.°'J...•~ •.,."" .. :!°, :~ '. •-:-,;.,"..· .. • .-·: •' i'HE liol.lCY IS SUBJECT TO THE PREMIUMS . FORMS , AND RULES IN EFFECT F~ EACH POLICY PERIOO . SHOUL fHE POLICY BE TERMINATED . THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED IELOW 1 ~ DAYS WRITTEN NOTICE . AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AF ECT THAT INTEREST , IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED av LAW . 1·,·11v111,. 1.•1 t Ir f,,,. ... ·11 'I . (1,,,t'i~I ·! •v""'" I ,t.U•t,•11. l " :"l! •7 -·- .. , ..... -I== ~. r-1-- ' • . .. I • • 0 I ]- - • • I• • <. City of Englewood for Englewood Municipal Golf Courae Re: Proposal: Food and Beverage Servicea by JOQ Corp. "' - • We welcome the proapect of handling all food and beverage services for special events and meetings at the Facility. We will offer a wide variety of menu aelectiona to meet all needa in the form of a apecial brochure in addition to our daily menus. We believe that for outside groups, there ahould be a aigned contract ao both partiea underatand all expectations. There ahould alao be a •minimum• charge for food aervicea. Thia point would be part of the policy found in our brochure, aa well aa stated in the contract. 12 • ' .. I . . 0 , ? I -• • • '- City of Englewood for Englewood Municipal Golf Courae Re: Proposal: Food and Beverage Services by JOO Corp . .. ~ . We have had extensive experience in developing and designing menus with specific groups of patrons in mind. There will be no problem creating new and innovative menua that will auit the customers and their pocketbooks. The high quality and conaiatency of our food, coupled with great service, will inaure customer aatiafaction. 13 • < .. I. • 0 , - • • • • City of Englewood CITY OF ENGLEWOOD PURCHASING DIVISION 2800 S. PLATTE RIVER DRIVE ENGLEWOOD, COLORADO 80110 • MOOS .e.8'NI Ellglewood. Calarallo 111, 10-230' "'-CDI 7'12·2300 ca, 112.230, FAX CDl 711-1125 BID REQUEST NO. 5-124 DATE: November 15, 1995 REQUEST FOR BID ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE The Cicy of Englewood will receive sealed proposals for supplying "ENGLEWOOD MUNICIPAL GOLF COt"RSE CONCESSIONAIRE" as per specifications no later tha~ 11:00 A.M. preva~ling time, December 5, 1995. P~~posals will be received at the office of the Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110. Late proposals will nQt. be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or proposal sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposals either by air freight, postal service, or other means. The City of Englewood is exempt from all federal, state, and local taxes. GENERAL CONDITIONS; DCB PDSPl:CTIW BIDDD IIUST Vl:SIT TD DIGLDfOOJ) IIUIIICIPAL GOLP COlJUB SITE TO PAMILIARIZB 'l'IIDISl:LWS 11%TB ALL c:allDITIOIII, UQU%:RDIDITS, 111:ASORBNl:NTS »m OTDR PDTINBNT DIPOaDTICII. a?DI 11%LL IIOT aB ACCBPTBD BY CONTRACTORS THAT DID HOT ATTSND TD ....,.TOaT IIALK 'l'DOUGII. TD K»mATORY lfALJC 'l'BROOGB GIVD ft '1'D CITT 01' am.slfOOD SDLL aB CC)N!)lJCTBD AT 10100 A.N., PJlBVA%LDfG TDIS OIi.,.,.... 22, 1195 AT TD JDIGLBNOOD IIUIIIC::IPAL GOLP C01J'UB LOCATBD AT 2101 W. OZ1'0B AvmnJa. ALL PROIPBCTIW aIDDDS IBALI, IIBft DI '1'D LOUIIGII DD l'Oa l'OaTDa DfSTatJCTIOHS . Bidders are invited to, but not required to, attend the bid opening. Bids received later than date and hour specified will be returned unopened. Price will be firm for a period of at least seventy five (75) days from date of bid opening . I . • 0 • REQUEST FOR BID BID NO. 5-124 • 0 • ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE TWO I• BIDDERS MUST SUBMIT PROPOSALS ON ATTACHED BID PROPOSAL PORK AND SUBMIT TWO (2) COPIES FOR EVALUATION PURPOSES. Proposals will be quoted F.O.B. Englewood, Colorado. THE ONLY EXCEPTION TO THE AGREEMENT WOtJLD BB UNDER SECTION 9, RENT, WHICH WOOLD ONLY ALLOW A CHANGE UNDER PARAGRAPH B, AS TO TD :i?ERCBNTAGE OF ALL GROSS SALES OR THE EXCESS RBVBNtJB DOLLAR AMOUNT. Bidders are asked to mark envelope "ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE" in lower left hand corner. Bidders will be required to conform with the specifications. Deviations may deem the proposal unacceptable. Should a bidder find discrepancies in or omission from the bid specif:.cations /general conditions or shall be in doubt as to their meaning, he shall notify the Buyer for clarification. If the point in question is not fully set forth, a written amendment will be mailed to all pe~sons obtaining specifications. The City will not be bound nor responsible for any explanations or inte~p~etations other than those given in writing as set forth in this request for bid. No oral interpretations shall be binding on the City. THE BIDDER IS REQUIRED TO PROVIDE A STATDIZNT WITB THEIR BI1> INDICATING THAT THE ITEMS BID ARB IN ACCORDANCE WITB THE UQUBST POR BI1> 1111D TBBY ARE BIDDING TO THE EXACT RBQtrIRBMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATDIZNT WITB THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITB TD REQUEST FOR BID. The Bidder shall be required to have sufficient property, liability, and worke~s c ompensation insurance and to provide the City with copies of the certifica:e of insurance . The successful Bidder will not discriminate againat any employee or applicant for employment because of race, color, religion, aex or national origin and will comply with the Americans with Diaabilities Act. The successful Bidder shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action ahall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms or compensation; and selection for training, including apprenticeship. ..... •. I . • 0 ]- - REQUEST FOR BID BID NO. 5-124 · ... ·'· • • • ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE THREE "' - The City of Englewood ahall have the right to reject any or all bids, and to waive any informalities or irregularities therein and requeat new proposals when required. In addition, the City reaerves the right to accept the proposal deemed most advantageoua to the beat interest of the City. Any award made in reaponse to this Request for Bid will be made to that responsible bidder whose offer technically will be moat advantageous to the City. The City of Englewood is an environmentally conacioua City. Vendors supplying products made from recycled materials and environmentally sound packaging, will be given preference when all other evaluation criteria is deemed equal. Bidders shall contact Betty Gooaman, Buyer III, Procurement Division, telephone (303) 762-2392 on any questions relating to the Request for Bid, the Bid Proposal or the attached Agreement. CITY OF ENGLEWOOD Betty Goosman Buyer III '' ·- .., I· • 0 , )l I - 1990 1991 1992 1993 1994 • • • . , ,, ADDITIONAL INFORMATION FOR BIDDERS Gross Conceaaion Revenues for the Past Five (5) Years Rounds of Golf I' $ 275,136.50 311,438 .36 328,792.28 316,400.07 319,787.68 There are normally 60,000 rounds of golf played annually at the Englewood Municipal Golf Course. PAST UStJI,TS ARE NOT A GlJ.lltANTSB OP PtJTUaS SALBS. --~----. ,, • I . . 0 f --, I - - • • ,,. - • • BID PROPOSAL ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE THE FOLLOWING ARE REQUIREMENTS WHICH MUST BE SUBMITTED WITH YOUR PROPOSAL OR ITEMS WHICH WILL BE REQUIRED TO BE SUBMITTED WITH THE EXECUTED LEASE. THE BIDDER MUST INITIAL AFTER EACH ITEM IN THE APPROPRIATE SPACE PROVIDED . A. BIDDERS MUST SUBMIT PROPOSALS ON THIS BID PROPOSAL FORM AND SUBMIT TWO (2) COPIES FOR EVALUATION PURPOSES. B. THE ONLY EXCEPTION TO THE AGREEMENT WOULD BE UNDER SECTION 9, RENT, WHICH WOULD ONLY ALLOW A CHANGE UNDER PARAGRAPH B, AS TO THE PERCENTAGE OF ALL GROSS SALES OR THE EXCESS REVENUE DOLLAR AMOUNT. C. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID ARE IN ACCORDANCE WITH THE REQUEST FOR BID WHEN THEY ARE BIDDING TO THE EXACT REQUIREMENT OF OUR SPECIFICATIONS. D. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR BID. E. BIDDER MUST PROVIDE WITH THEIR BID THE NUMBER OF YEARS THEY HAVE BEES IN THE FOOD INDUSTRY AS IT RELATES TO THIS REQUEST FOR BID . F . THE PERFORMANCE BOND, WHICH IS REQUIRED AS STATED ON PAGE 6 , SECTION 20 OF THE AGREEMENT, MUST BE ATTACHED TO THE EXECUTED LEASE. G. THE INSURANCE POLICIES, WHICH ARE REQUIREP AS STATED ON PAGE 7, D) INSURANCE l, MUST BE ATTACHED TO THE EXECCTED LEASE. H. THE BIDDER HAS ATTENDED THE MANDATORY WALK THROUGH. I . THE BIDDER HAS REVIEWED THE ATTACHED LEASE . Having fully read and understand the information and requirements for the concession operation at the Englewood Municipal Golf Course, I submit the following percentage of gro•• and monthly rental as defined in Section 9 of the lea•e as the City of Englewood 's share for eonceaaion operation at the Englewood Munic i pal Golf Courae. ..... .. I . • 0 , xi - BID PROPOSAL BID NO. 5-124 ' • • A • ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE TWO l. Percentage of gross (gross as defined under the lease) (In Words and Figures) 2. Revenue excess amount to begin percentage of groes, i.e. $240,000.00 (In Words and Figures) Price quote shall be firm for seventy-five (75) days on this bid proposal. SBRVICB LOCATION BY; Name Title Company Company Address Telephone DIGLBWOOD NCHJ:CIPAL GOLP COUllSB 2101 W. ODORD AVDUI: DIGLBWOOD, CO 80110 Date ,- • . .. ., I. • 0 , ~,.,)('. I •• • • •, • AGREE:'\fF.;\T THIS AGREEME;\T, h1m,inofter called "Ll,ase", mndt: and entered into this __ day of , 19_, by and betwi:en the CITY OF ENGLEWOOD, a Colorado municipal corporation, hereinafter referred to a1 "City", and -------------- hereinafter referred to as "Concessionairi,"; WITNESSETH : WHEREAS, the City owns certnin renl property which is known as the Enrlewood Municipal Golf Course, hereinnfter called "Golf Course", and located in the City of Sheridnn: and WHEREAS. Cit~ nncl Conc:<·,~ionain· clt'sire to tnti-r into a lt:ase for the manarement of the rest:iurant and lounge loc:1t,•cl :u the Englewood !'llunic:ipal Golf Course; J'-0\\". THEREFOHE. fur n11d ,n co11,ic!,·r:1tiun of tht< mutual co\'enonts hereinafter appearin;:: rmrl of th,· p:iyment c,f tlw moni..,; hertinnfter set forth , the parties hereto arree as folio",. Sertjon 1 STATE:\IE'.':T OF l;\TE:'\T. The purpose of th is L,•a;,, to pro\'idc, snack hnr, grill and bar ser\'ices to the eolfinr public and a qu,1lit_v. full-strn,·c, restnurant fncility offerini: brtakfast, lunch and dinner for group nwttini,:,, _. . ._ ,n· duh, ancl informal e\'t,ning dining. Sectjgn ., GRA.'\T . The City hereb~· lenses to Concessionnire the portion of its golf clubhouse pre1ently used as its re staurant conc1:ssion, together with the improvements thereon, located at 2101 Wut Oxford Avenue, Sheridan, Color:ido 80110, for the purposes ofaervinc food and beverages. includins:t alcoholic bevt:rnres, and for locatin1 optional vendin1 machines to be used in the pur\'eyance of food, snacks or soft drinks, and Concessionaire hereby lease~ from the City the Leased Premises and improvements therein . fWiAD :} DEFl:'\ITll):'\ OF PRDIISl·:s. Th ,• "Lf'rhi-rl Prc-mi~P, .. a, rc·f,·rr,·cl to h .. rf-in i~ cl<•firwd lo be the, rolf clubhouse re~taur:rnt and lounge which i~ owned h~· the City of Englewood, Colorado . See Exhibit "A". Proposed food :ind bevnns:ie operations shall al,o be allowed on the eolf cour•~ ~othins:t hrrf'in j?ivr• C'once•~ion:iire any right to interfere with or part,c,pate in the operation of the Golf Course as a rolf course, i.e. fairways and greens , Pro Shop . Rncl nil otho,r itolf course operations. . ' .. I • • 0 , I - • • • • "' - • I• . -' Stttjon 4. TER~I OF AGREE'.\1E:\'T . This Least shnll not hi, C>fli·dil',· umil Co11ces~iunairt ha:1 obtained a liquor license to dispense akoholic bt-vtragt', pursuant to C.R.S . 12-47-101 et. seq. From the date of 111gnaturt until the li4uor lic.,nsl· 1s authuri:ttd l,y the proper officials, this Lease shall be considertd an Option tu l.tase that may not bt terminated by either party, except that ifth., liquor lirenst' is not irranted and in operation on or before -----· HI_, tht' City mny terminate this Option to Lease. The City hereby grants to Cunces,ionaire the right to hold the Leastd Premises pursuant to the t.erms of this Lease for a term of five year~ commencing on , 19_, the date of this Lease, and ending on , 19_, unless the term or the Lease is terminated as herein:ifter provided. $ectjpn 5 VSE OF THE PRE!\11SES . Concessionaire shall have tht-right to possession of the Lensed Premises for the purpose of ser\'ing fuod and 'or beverages, including alcoholic beverages, for consumption on tht-golf cour;,c·. Ho"ever, nothing in this Lease shall be construed to authorize that which is prohihited under United States, State or local law, ordinance, code or regulation . The Leased Premises shall be used by the Concessionaire for the purve~·in~ of alcoholic bevernges . :i, tht same may be authorized by and rei:ulated unclPr th.-Colorarlo Liquor Codi•. C.R.S 12-47-101, et seq ., and for the operation ofa n,stnurant. Conrt-s,;iunairo: ,h:111 opcrnte the Leas .. d Premises in a careful, safe, quiet . orrlerl.v. and hu,inc,ssl ik t manni-r . Concessionaire shall not use or permit the µr1-mi-e;. to h,· u•,·d fur an., p11rp .,,,. that i, pruhihitc·cl unrler tht laws of the United St:itf,. ;:un uti>< of the St,ll1· of Color:1rlo. or orrlinances, rPJ."lllations or codes of the City c,f Eng It',, u,id v r th,· l ' ,t _, ,.f ~h,·r id .111 Conce,s1 o na1rt sh:lll prul'idl· rove! nnd·ur bel'era;;es includini: alcoholic bevera,es on the golf courst-through th r-u-1· of ,h;-d,. a tart or ll combination thereof. Shed de,1gn sha ll lw :ippro, i,d hy the City '.\lanager 01· hi~ designee. t:se of a cart shall not interfere with the uptr:it 1on ofth.-i:olf courM-. Service to the eolfers on the course shall be re\'it!we<l b) the City '.\l:ln:ii,:cr or his dtsignee every six (6 i months. Entert:iinment of :iny nnture th:it Concession:iire proposes on the premises shall be subject to prior approval by the Englewood City !'-lan:iger or his dHi(llee, which approval sh111l not be unrcasonnbly withheld . If the City determines any entertainment to be objettion:ible, City shall notify Concessionaire in writine thereof and Conceuion:iirt shall terminatl' 5nicl entertninmtnt immediately . S,ctjpn ti EXCLt:Sl\'E RIGHT 1'0 L'SE PRE'.\IISES . City hereby grants to Conce~,nonairi, th" exclusiv1:: right lo use the Leased Premises to operate a rest:iurnnt and to purvey nlcoholic beverages. The City shall not operate an) venrl1ng m:ichine , d i,pen,e food. sn:icks or beverages without the expre11 approval of Conre s1onn i re on the Len~ed Premises. 2 • . I • • 0 '32xl - - • • • • Sectjon 7. ME~L'. The Concessionain, shall pro\"idE-an attr:ictive menu for breakfast, lunch, and evening mt,als listing m .. al iu•m,, beveragd available and current pricinr. Menus, pricing and changt-s to menu, or pricinr of menu items shall be reviewed and approvt,d b y th., City M:inai::,·r or his desi(.'Tle1,. Sectjon 8. HOt:RS OF OPERATION. a , From April 1st through Octohtor 31st of each year, the Conce11ionaire shall opf'rate the restaur:mt fncilit~· seven <7) days per week and durinr these months shall b., opE-11 ea<·h cl:1) to sn\'t· meals to thi-public from one-half hour before dawn and shall remain open until at least 10:00 p .m . b , During tht-111011th , uf '.'\ovt-ml><·r 1st throu1.,on March 31st of each year, the Conc.,s,ion,1ir<· shall up,·r,11,· the restaurant facility s!'ven <7i days per week and during these months ,hall he open each day to serve meals to the public at dawn nnd shall remain open until at lea,t l:S :00 p .m . c ) Hours of operation may be modified with written approval from the City Manager or his designee. d I Suncb~· clo·~ing nt 8 :00 p.m . is permitted. Nothini: herein shall be construed as prohibiting the Con~es~ionaire from bt,ini: optm for other hours in addition to th os e statf'd in paragraphs ":i " and "b" above . Restaurant may close on Chri,;tma , Da ., e , Conn,,,iun ,111 ,· a i...,-.·,·;, tu c·uoµ,•ralt· "ith th <· Coif Cour;,e ~fanarer in ,;ch .. dulm.: gulf m,·H111,:, a nd .. , . .,nu th.it in vol\'t· usE-of the ('ill, meetinr room und cl ,11 ,n g rnom . In th,· .. vt-111 of any disi,i,;r .. ,·rnPnt. the matu.r shall be r E-f ,·r r ,·cl t ,, th .-Cit., '.\l.111 .i ~.,,. vr h,, clt-,i 1,,"lltt'. f 1 ?-1..\l.'.\TE.'.\A'.'-CE . REPAIR A~D REPLACEMEST. 1 . Th P C,t. shall be rtspon s ible for the cost of maintenance, repain and repla c·ement of the Mo, e :ind oven, deep fat fryer, sinks, cabinets, d i~h\\a s h t-r, frt'ni.r, walk-in cooler, bar refrii:eration, and snack bar coo ln unlf's ~ ;.uch co ~t i~ dul' to n•i:ligence or other acts by C onces s 1011a irt-or employees of Conceuiona1r1:. 2 . Tht Conce ss ionaire ~hall be respoM ihle for repair, and/or replacement of lii:ht bulb.;, furn iturl', 11mall nppliancts , di lihH, 1lasses, silverware, and ot h er equipment :incl misct:llantou, cookinr pots, pan, and utensils. e l Conces si onaire and or the City may temporarily close the re1taurant facility for clean in&:, construction :lnd mainten:ince under a mutually qreed upon s chedul e . "' - I • • 0 '32xl - • • 0 l• • ,, Sectjon 9 RENT. a ) Concessionaire shall pri y rent to the City in accordance with the following schedule : l . Effective on the date that Concessionaire begins busineH operation and until the datt, that a liquor license is issued and effective, the Concessionairt! will pay rent to the City in an amount equal to twelve percent ( 1:2 ~;, of gross sriles (excluding sales taxi. Said rent shall be paid on thP Jllth clri, or P:1ch month for snles mnde in the precedinf month. :2 . Cumm.-nl',n~ "" th,· lirst day of th" month after tht! liquor license becomes t-ffntt vt-. th.-Cunr,·"ionaire shrill pay monthly rent as follows: $.L'i!.!!.!.i!ilpi,r month for tht: niunths of 1'ovember, December, January, F.:bruar) ,111d '.\larch : nncl $~per month for the months of April, '.\la_v . Juni-, July , August, Septt!mber and October. The aforesaid fixed rent pri y ments shrill be paid each month , in advance, on the first d;1_1· of E-ach month or on tht! first Monday of each month if the fir~t cb~· fnll, on Sriturd:1~· or Sunday . A pen;ilt ,. f.-c· of$ l\J .00 p,·r da~ or part tht!reof ;,hall b., charged for each day or part thneof't h ,1t thE> r.-nt i~ pri,t dut-, until 12 :00 midnight on the 14th day p:iH due . If tilt' rt"nt p:,ymi-nt ,, not rt'tt-ivt!d hy midnight on the 14th day past du«, th,• C'on,·,,;.siu nain· ,h,111 he in violat ion of the terms of this Agr e c nwnt. rind subject to termin:ition . b , In add ition to the fixed m,rnthlv n,ntril as specified in this Section, the Conct-;;;i on11 in· ,h:111 pn_, an am ount t!Qual to tweh·t percent 12'"4 of all gross sale s, including a11~ r HP nuc dn11'C,d from catering services originatine from the rt st :1ur:in1. in'""'"'' of ~:2 ,I U.000 p~r cal.-nclar year, payable on or before (.·,, Ap,, I J <t of ,·:i rh ,\ ,.,,,. For purpo-,·· of th ,-I.,·;,-,· u11l ,1, th " following shall bt excluded from grosa ,n 1,·, , a .11 1 ,,,1, .• t.l\ ,., h ,d1 " h,nh l'Olit'ct.-d b) th., Concessi onaire and rt:m it1,•d h, th e C',111 ,·(·••,vlUtr•• to '111 1 gO\t:rnm .. nt Or eovernmental acency; and , h I th ,· amoL111t uf .1111 n ·fu,1d ur ,·r,·cltt actually mad., or liiven by Conrh•iv11.11 r<• for a ;;al...-. tht :1muunt ufl\hich ,ale had ·bt,en included by Co ncessio11 :-11re in Conces~i on:iire·s g,-oss solt!s . For purpows of this Leue, an<l except as pro vi ded abol'e, "woss sales" shall mean (ai the gross amount rece il'ed by Conces~i on ~1i re from all sales made on the Leased PremiHs and golf cour se, includ ing s:iles made from vending machines owned, leased or oper:ited by Conces~ionairi,: nnd (b l all chari:es rendered by Conce11ionaire for sen~ces , on the Lt:iserl Premi~es, includine services performed on or within th e Gol f C ourse : and 1c1 the g,-o ;;s nmount received by Concessionaire f'rom any oth er soune of income rleri l't>cl from the business conducted on the Leaaed Prem1st>s and i:olf cour,l'. Aloni: with the percentll&I' payment, Conca1ionaire shall send to City n s tntf'mcnt which shall Ht forth the gro11 aalH for the year and th e :iuthoriztcl clerlurtion s, if any, therefrom . d J Whi>n thP City mePt ini;: is an officiril business meeting with a meal, there sh ould be no •et-up ~hriri:e . n n oflic i:1 1 City meeting without a meal 1hall be 4 ,. - , . I • • 0 , -• • - cha,.g,·cl :1 ~•·t-up f, .... Ir tlw 111. l'lin1, i~ an unof1i,ial meeling, with or without a mtoul, tht' ~el-up lt:e can hC' charged. For clarific:1tion, an offi,ial meeting is a meeting called to conduct official business ofthe Cily. $ertjon 10. UTILITIES. City ,shall provide all utility cosu for operation with the exception or restaurant telephone. Concessionnire shall he efficient in the use of utilities. $estjon 11 JA:,0:ITORIAL SERVH'E A:>:D TRASH REMOVAL. City sha II he responsihlc-fur th,, rcasonnhlt-cost of trash rtomo,·al and janitorial strvict for tht' Li,asi:d Pn,mi,t-, c•xccpl for the kili:hton , urea behind the bar, office area nncl storag€' areas . I-Wi2D 12 PARl,l '.'-l; FACI I.ITI t•:::.. n , Th.-e,i,ttng p,1,.k ,ng f:u·ilit.1· aclj:1c .. nl to 1ht Restaur:mt concession ,h.,,.e,nnfl.,r calltd ·parkang f:ldli1.v "i shall be open for use by Concessionaire and it, ,u,tomf'I',. ,urh rwln or u ~,-c,f 1h.-s;1id parking facilities shall be non- .-" lu,11,· rn.:h1 C .i, -h :i !l 111 :irl-thr,·,· µ:irking ;,pac"s of the parking facility to indir:11.-that thv., :ir,· 11 ·•l'r\'1•d l'or u,,. h., Conce,sionaire. b• City ~h:ill nt it~ O\\ n ,.,p,·n,c· ma,nt:i in th,• parkin1: fai:ilit~·. whii:h shall induct .. snow remo\'al wht't1 n ~ct>;,,a,·~·. $WiPD 13 S1G~S. The City and the Com·ession:iirc shall share proportionati,ly in the co1t or inst:ill:nion and maintenancf' of 11 sign or signs al a locntion\sJ and containinc lnngu:ige that i~ mutuall~· a~n,t:iblt . l-ertjon 14 . PHYSICAL FACILITY A:--D EQL'lP~lE~T. Cit.v agr<'es to pro,·icle ;;p:1c1·. fi,tun·, ... qu ipmPnt and furniture for on equipped kitch1-11 , b :i r . Joun~,-:iri-:1 . :,:r ill, ,nack har :tnd two dining/ml!eting rooms. Con c1,-,io nnire :i:;:rr-t·s nol lo n1<:i ,·P c•xisting pnrution;; separatin&: dinina area and m ,·Mtng room "ilhout 1h,· "n1t,·11 p1:rmi""io11 of Lh•· City ~lanarer or hi1 dHil"H, l-estjon Jj ADDITIO'.'-AI. F . .\CII.ITIE~ A:'l:D F.Qt:IPME!I-T . Conce s,ion :1i rP ,h:ill han• th,, righl to in~tall :idditional facilities and equipment with th ;, con •<'nt ofth.-C'it .1· ,fanngn or hi, <11',iltfl<-e . Coit for !18me 1hall be by mutual agr.-em,·111 uf th,· pnrt11·, $rstjon 16 SECl:RITY . Concessionnire is ruponsibh, for the obt:iinin&: of thef\ in1urnnce coverin1 all food, liquor, and other ,upplies and pen;onal pl'openy of Conce11ionaire . Such policies shall cont:iin no rii:ht of 1uhrog:ition R&:Rin5t the City . Conceuionaire shall provide a copy of the polic~· to the City !'tlan:iger or hi5 desi111ee . 5 ..... ' . • .., I • • 0 , r ri} - • • • ·, • '· $ectjpn ) i PER:,():,.;:,.; El.. n I Concf'~•ion ,,ir<' ~h:,11 at it, own expc•nsc t>mploy such qunlified personnel as m:,y be rwc<·~;,ary fur th<· c·onc·1·ssion opt'rlltion and shall require all personnel t o b., d ean . pulik. :ind c·uurt.-ous in th.,ir tronMlction;; with the public. b J Concessionaire shall gi,·e personal suptrvision and direction to the operation of the concession and, when absent, ket'p competent personnel in charge . c l City shnll not he rt,sponsihle for the wages or salaries of any employee or representativf of Com·.-s,ionaire, nor for any di,hts, liabilities or other obligation;; of Conce ssi ona,n:. d J Ntithtr tht-Conces;;ion ain• nor tht' P.mplo y ec•s who ptrform services pursuant to the Agreemt>nt shrill be con si rlc•red employP.t-s, seorvants or agents of the City of Engltwood a s a rtsult of the performance of services under the A,reement. t', Violence anrl acts proh ihit.-cl b~· h," committt-d by Concessionairt-or employees of Conce•siona,n, shall c:ou,.-immfdiate t1:rmination of thi, Lease . Srctjon )1' LJ ('f.:'\:-F.~ A:XD PEF'.'.\IIT:-, Co1h \ ...... 1,.11 .11n . nt 1t ... ,L, 11 1 ,p,·1, .. \. ,h ;il l ,,·,.:un~ ,,n ) ..11ul nil lii.:~nsts and permits for fo c,d ,tn ,n , :o n d pun"' :om·,· .. r :tl ,11 hol n· :111d non -alcohulic bi,verages. Co11c·.-,,,un:11rf :lL!''"'" t u p rnm µth 1111ti :1t f-,in applicat,on anrl obtain a Hotel and H,--uu r:o m l.1q,11,1· l."·c:11-,· ,>u1 ·"·'"1 lu C H.S . l:.!-47 -IUI <:l ,.,4 . Concessionaire shall h ,I\, th ,· 1,·•µu .-11111,1, ,,I' t h, ,·111,11·,·, 111 .-11 1 uf :ill liquur la"~ and ri,gulations on the prfmo,fe . C oncf,<;Sio na ir t ,hall ro,ombur,P tht-Co ty fur nil l it·t-n:-t-f1•es it has paid to Sheridan anrl the State of Color:1<lo . fe,J jon ]<! CO'.\lPLl..\:'\CE \\'!TH ST . .\Tf. A,1';0 CITY HEALTH CODES . Con ce s,onai rl' ~h:tll kh p all cun et·-.oun an•:1, in n clo,an and sanit:iry condition at a ll t ime -and s h a ll rumply " nh all ,t :1te, county nncl city health laws relating to the d i,pt>n;;,n i: of food anrl h.-vc:r :1~e ,. fe£J jpn "Q l'.'\SCR..\::,.;CE .'l~DE\l::,.;1r1cATIO!'<. a i C oncrs~io nJire agrre~ to furni-h to Cll) a performanre bond in the amount of F ,ft) Th o usand D1Jllar .-,s:;o ,ooo oo , :uoranteo,ing fa ithful performance by Conc~s<ion:1i rr .if :i ll t,·rm,. c·o,•1en :1n t ,. 1111<1 t·ond1t1on1 herein contained and compl 1:1m·e "ith appl icahlc· L 11,· ord,n.1nct>, Said bond shall be furnished as of th .. cb1r of !',rcutu111 of tho-l..-:1•<· b Cunn,-,1u11:11n· ,h.dl .ll Cu1tlh ,1on .11 n• ~ uwn expen~i, keep in full force and .-11.-.·t dunn,; th,· t, r m ,,1 1h1, 1.,•:o ,,• •t:llutory \\'orkm<·n ·s Compensation ll,\t·t'.\:,!1· 6 .. I • • 0 , ]- - c) d i • ,,, _ . • • <. l'.liDE'.\INlFICATIO!lo. Conct,s!liunnirl! ag.-ees to indemnify and hold harmli,s s the City of F.n~l,-wood , its officers. employees, insurers, and self- in.ura nce pool, frum nnd 11gn1nst oil hnbil it y, cl11im ~. and demands, on account of inJury, lo!t!'t or dam :,ge, of ony kind what1oever, which arise out of or are in any manner conncct1-d with concessionnire, if such injury, 1011, or damngt-i11 cnu~f'<I i11 whole or in part by th• act. omission, or other fault of concenionairl', or nny officn or employee, of concessionaire. Concessionaire agre•s to in,·estignt<>. hnndh,. respond to. and to provide defense for any auc:h liahilit~·. cl:lim ,. or r!Pmnnds nt the 50le expenlit of concessionaire, and a,ree• to ht.nr all oth (·r co•t, :uul 1-xp,-nses rt>lnt .. d therteto. includini,: court costs and a1wrn,·.,· I,·,·•. ·,, h,-ti ,,-r .. ,. 11 .. : :.11y surh l1:1hility . claims. or ,lt•mandi; al\epd are woundlf,s e, i'al,t, c,r frau,lul,•nt . 1!"1St:RA~CF:. l. Conc .. ~sion.ii rt-is to procurP and maintain, at itl own cost, a policy or policit,~ of in~ur:tnct-suflicic:nt to insure ai,:ninst al\ obli&ations assumed by Concl!ssionaire pursuant to this Lease . 2 . Concl'~sionnire sh:111 procure nnd continuously maintain the minimum insur:in<·e covnnl-(•·, h•tt·,1 below , with the forms and insurers acceptable to th<> C ity of F.111:h·"·o,ld . In the: cnse of any dnims-made policy, the nt-ce·,,ar~ rt-tro :,cti\'I· ,lat e, nnd ;:xte11dted rt-portini,: periuds shall be prof..·u r ,·rl to n 1;\int :a in ,-u1.·h c o ntinuuu!\ CO\'cragt:. , a , Gen (·r:d t.:01,.i,t ·, :ind ,•rr(lr s and omi,.,.iun a insurance with 111 11 11ni..111 1 1111111·, of o:-.~: IIC:SORED FIFTY THOUSA.'IID L>OLl..\ft S 1$ \!'\IJ .VUO .U\J i pN t!OCh penon and SIX HUNDRED TIIOt:SA:'\D OOLL~ftS ,$oOU ,000.0ll i per 1101:h occurrence, plus an :1dd itiun :1I amuunt sunicienl to pay related attorneys' fNS and dt-fte n•• co,t s. , h i Liquo r l.<•i:::11 L1 u l,1ht ) Insurance. with minimum limits of i-:i 11U .IIU II 11\I li,r 11 \J Ur:,, ,,r ll,·:tth of""~ Olli! p.-r..un : $ l ,U00 ,000 .00 for inJurH·~ or 1h-nth occurnni: a A n re!l ult of any one accident: ~5U ,OU O 110 for property d a mni;:e: anti $5W,OOO .OO for products liability . A ct:rtificate 1,vi dencin& 1,Jid insurance policies shall be kept on file with the Clerk of the City and shall have a provision th:u the 1nme 1h:1ll not be altered, amended. or canceled without firs t &ivin& written notification thertof to the City thirty day• prior thereto . Conc:esaiunaire further a£"•*' to indemnify the City for any cl n im !I broui,:ht opinlt the City becauM of or on account of Conce!ISI On ni r e'i. operation . 7 . . . ( •, .. • • 0 - C ) • • t• • ' '· 1:-.;DE:-WINIFICATIO!'-. Conctessionnirt! ag,-ees to indemnify and hold harmless the City of F.n:,:1,·wooc!, its officers. employees, insurers, and self- in~urance pool, frum and ng:iinst nil liability, cl11ims, and demands, on account of injury, loss or dam:1ge, of any kind whatsoever, which ari1e out of or are in :iny m:inner conncclf·d with concl'ssionnire, if such injury, 1011, or damngf-is c:iu;.i-d in whole or in part by thf' net. omission, or other fault of concf'ssionairf', or an." officn or employee of concessionaire. Concnsionaire llgTf'f';. to in"e;.tigmr. h:mclli,. respond to. :incl to provide defense for any such linhilit~·. cl:,im,. or cif'm:incls 11t the !!Ole expenw of concessionaire, and a,ree1 to ht,:,r nll oth c·r co,t, :1nd .. ,,>t-nses rt>lat.-cl thereto. includini: court coats and att orn .. y f,.,.,. ·.d,l't i..-,· ,,,. ,i..: :,ny surh liability. claims. or d .. mnnds allepd are itroundlH ;;. i'al-t. c,r frau.lul,•oll . d I l!'-:St:R..\:'-CF.. 1. Conc.-,"ionain, i~ to procurf' and mainuiin, at its own cost, a policy or policit,;. of in ,uran,t, suflicienl to insure :igainst all oblii:ations assumed by Conc,:ssi on:1irt pursunnt to this Le:ise. 2 . Conce;.si on:i in, sh :111 prr,cure nncl continuously maintain the minimum in ,ur:rn('e cover:,~,--li,tt·d lx-lo", with the forms and insurers acceptable to th<' Cot., of F.ngh·wu,HI. In th,: c:1se of :iny cl,1ims-made policy, the nect-,,:ir~ rHro:1ct1,·<· d:ot~, :me! E:xtencltd reportini: periods shall be pro(·ur..ci to n 1:,i11t :1in ~u-.:h co11tinuuul'l CO\'l!rag~. , :t , Gtn c·r:d l,:oi :.i1t ·, :,nd ,·rrur~ anJ omi~~iuns insurance with 111 1nim u11 1 l111lll~ ,,f' O:--E IIL''.\:OHED FIFT\' THOUSASD UOLl..\ftS ,:,1:'iu.uuu .uo , pn each person nnd SIX HUNDRED Tl H)t:SA:-.:D 1)01.L..\HS ,$60u ,OOU .00 1 per each occurrence, plus :in :.1dd1tiu11:1I amount s uffic ient to p:iy rel:ited attomey1' fees and dE-ft n,e co,t ,. 1h 1 Liqu or l.c·cal Lo:al,il1t .1 ln s urant"e, "'ith minimum limits of "~llll/.11111 11111 li,r 11 1J ur.v ,,r ,t,·:llh of any one pt-rM1n ; :U,000,000.00 for 111Jurif'~ or ch·ath occurrin,: :i ~ a ~suit of any one accident; $5\/,0UO !10 for prupt>rt y dam:ii:c . and S50l1,000.00 for products li:ibiloty . A crnific:iu, i,,•idencing ,aid insurance policies shall b.. krpl on filte with the Clerk ofthi, City and shall have a provision th :11 the 5ame shall not bt altered , amended. or canceled without fir st i:iving written notification thereof to the City thirty day1 prior thereto. Concessionnire further a,rees to indemnify the City for any cl ai ms broui:ht ni::iinst the City because of or on account of Conc1:e ssiona i re's oper:ition . 7 "" - t .. I • • 0 - - • • • • I• • <. 3 . FirP :incl F.xtt'tHkd Coverage lnsurnm:e shall b4' provided by the City on th<' Club llou,,· huilclin~. nnd ,•xt<,nrled builrlings includt:d in Leued Pr,·1ni ... ,. onl _, l'onn·,,ionairt-shall ht-.. olely rt:spon~ible for Heuring and µ,1y111g fur ,n,ur:lll("l' covPral,[<' on those 1mprov1::ments and contents h,-lo nging to l'o11c·..;.;.i,rn:1ire locat<,rl in or on the LeaSt:d Premises . Conr<·,~ionain· hvrehy expressly wai,·es any cause of action or right of rnon·r~· wh,rh Concrssionaire may ht:renf\er hnve against City for any los~ or rl:imnge to Lensed Premises or to any contents or improvemenu thnPto hPlonging to C'ith..r pnrty, cau;.ed by fire or explosion . .i . Th., polic·ies rt-quirt-d above shall h., enrlorsed to include the City of Englewoorl ::incl tht City of Engltwood's officers and employees as ndcl itional insurc,el. F.ve,·.v policy required ::above shall be primary 111,urnnr ... nnd :11w insurimce carrit>d b~· tht-City of Englewood, its officer s . or it, E-mplo ,vi,es, or carried by or provided through any self- imur:111,·t> pool oft h,· Cit_, of F.nglt-wood . shall be excess and not ron11 ·ih utor~· in~ur,1m·t: to th,1t pruvirled liy Con,·t:ssion::iire . 5 . The cf'!'tifirat? of' insur:rnre providE::d to the City of Englewood shall be complett>cl b~· the conces~ionr11re·s insurance agent as e,·idence that p o litit-s prn,·idini; the requirerl covernges, conditions, and minimum l,11111.-arP 111 full fo rrt and .-111·,·t . :incl shall bt-rt:viewed and approved by th~ Cit ., of E11~l e:"001I prior tu ,·ommnte<•ment of the .~t-ement. No other form of cwtifir:l!~ sh:ill ht> u«·el. The Ct>rtificate sh::ill identify this 6 . .\..;",·, ,,,..11 1 ;111d ,h ,,11 p nl\ id <· d1 ,11 the cov<-r;1~,-;, nffordf'd under the µ.,I,, ...• -h ,111 ,.,,\ I>, r;111 ., 1.-.1. 1<·n11111at,-d or mat .. rially changed until at 1,-.,-; . :11 da,, JI',.,,. -., ntt ,·n '"n t<·, h;1 , hec•n g,ven to the City of Englewood. Til e c·,>tnpl.-t.-r1 n·rttlil':ll(· of' 111-ur:im·<· •hall he, ~t>nt to : Cit~· Clrrk l.'1\\ of F.ng l.-"ood ;1 .1uu South El .Ill Su-...-t E ngle"uorl . Color:1d u S0! 10 A cen:fied cop_,. of :iny policy shnll be pro\'irlt>rl to the City of Englewood al n• requf''H . T h.-p,1 rt,.,~ hereto und.-r•tand a11d n;;,'Tee thnt tht: parties are relying on, nnd rl o not ":11\'f· or intend to waiv" hy any provision of this Ajp'eement, th t-mtJn~t:iry lim it :llitJn s ,pre:sently $150,000.00 per person and 1600,000.00 per orcurrenl'C'/ or nn) other ra~hts , immunities, and protections provided b y the Colornclo Governm1:nt:il Immunity Act, C .R .S . 24-10-101 et seq., as from time to tim" amE::ndrd , or otht-rwise avnilnble to tht-parties, their offi c.,rs, or tlwir i,mploytet>. A ,·t>rttficnte l'vide ncing said insurnnce policy shall be kept on file with tht-C,t~· Clerk of th., Cit_,. nnrl sh nil h,l\'e n pro\'ision that the same shall 1101 hf' altC'r<•d . :inwnrlrd . or cnncl'led without first giving written n o t ,t",,·,1111111 thi-r,•uf to th e· r.,t~ thirty rln _v~ prior thereto . Conce11ionaire i'ur:h,-, ai;rt:t-• to 111d .. mn1(v tht: Cit_v for :iny claims brought against the l '1t , t,,.,·,iu,,· or"" ,H·rount of' Concc--•1on:iirt-" operation . 8 "' - • . ... I • • 0 I -• ,- • I• • '· .... • S"tjon •)). FIRE OR NATL'RAL DISASTERS . In the e,·Pnt fire or natur:il rliMMer render5 the Cluh Houlll! and its concession facilities inoperable, tht Concessionaire sh11II be releu!W!d from the terms of compt-nMtion to be paid Lhe Cit., until such time a5 the Club House and its conceuion farilit,es are rlrclarrrl op<·n :rnd Gp,.rahle by the City. If in the evenL such concession facilitif's are not open and ol)f'rnble "·ithin n period of thirty (301 days from the time of such rli5a5ter, ConcPuionair,. h115 the rieht Lo terminate it~ contract and Lease with the City unrler S1>ction 24, Termination of Lease, cont:iined herein . Scs;tjop 2·) TE:'\ . .\:'\T RF.COHOS . Conc1-s5ionnir .. shall kf'<•p and maintnin completP 11nd nccur11te records and IIC<'o11nt~ of it, hu•in,-,s on :i rnl,-11clar yenr hasis . A monthly report shall be gerwra1<·cl prol'irl,n~ a hn•akdo" 11 .,r ·i:ros., s:11 .. s" inLu thte following CBl.al:Oriea: 1< .. staura11t llp,·r:11 i,rn,. CaLt•ring llµHal iu11-. B :ir Opi:r:nion, Suc·h rtc·orcl ~ shall be m:1im:1int-d in accordann· wiLh i:.,,i.-rully at·cepted accounting principles :incl sh:ill be nudiu,d :innuall., by :in independent accountant certified in th .. Statt-of Colorndo. The rtcord, shall cl .. :irly show Conce5sionaire·, rross sales, ns d~finrrl in s .. ction 9•r• of thi s AgrermenL, including proceeds from all caterin& acti\'ities . Gro~s snlc,s ~h:111 be di\'idf'd in re5t:iur:tnt operations, catering operations and bar operation ,. Sud1 rc•c-orcl-nnd acc'Ounts, induding all Mies tax reports that Concc·s.ionair .. fumi ,h1:, 10 ''"·" go,·ernment or governmental agency shall be made :J\':1il:1hl(· fo r in,pc·c·t ion n1 nn .,· rt-.:i,on:ibl .. 11ml' upon re1.1ut-st of the City, the City's nucli1or, or oth.,r :1u1horo1.1•d r.-µn·,,·1 1t:1ti,.,, ,111d a cupy of such annual audit, indud111:.! all '"'llll'll co111on ,·1 1t, :inc! rt-,·o rnn .. ·11,lat,on, of such inrlependent il<Tu u,,1.1111. ,h.111 t,,. furn ,-It .. ,! lv 111.-l 'n, Cl .. rk "iLh111 ~u d,11,; of the clo~ of the fiscal )"·" b .. 1111-: -o ,1ud,t1·d l 't,11<1···11,11:111·(: ,i1all at th,s 11111<· pa.v· th., a.tditional rent as 5p .. cifit>rl in St>c·11011 9•b • o t tho• . .t,g,·.-.. mt'nt nlong with 11 5epnrate 1tnt~ment from the nurl,tor ,tntong th,· ~ro•;. ~af ,., r,f Con,·c:•,1onairt:. Swim, ·>.1 TER~lt'.\' . .'.\TIO'.\' ()f LEA:5£ 11 1 Th,-Lta~,-m :1 .1 . a1 .111 .1 t,m.,, h.-lt:rmin:1LeJ by eith1-r party upon ninety (90) days' "rlllt:n 11.Jton, to th., uh,•r 111thout ,·:iu!W!. b i Th ,. µ:irt,c• 111:1_1 t .. , 111111:1t1· ll11 · 1. .. a-.· l,_1 1:i,•i11i,: !111,·t) ,:10, d11)~· written notice of n 1iol :1t11,n ofµ.1 r:11,,rr:1ph,r1 . 7,/l. ~. IU , 11.12. 13. 11 . 15. 16,and 17. c 1 Viol:ilion of µnr:tgrn1>h~ Ii!, 19, 20 , ancl :21 shall be i:round, for immediate termination of the I.east>. . , • I • • 0 I "2~ V I - - • • • . . Section 21-DELIVERY A'.\0 RF:'.\10\'AL UPON TER~INATION. Concessionaire will deli"er the prt-mises :it the termin:ition of this Lease in H rood condition and st:ne of rep:iir n~ whf'n received. except for ordinary wear and tear or loss or d:imnge c:1u"<!d b_v :in :let of God . Upon termination, Conce;,1ionaire shall hnve the right to rt-move nny 5upplit:5 or personal property beloni:ini: to or inat.alled by the oper:uor. subject, however, to :iny valid lien or cl3im which City may have for unpaid ffoes . Pro,·idt:d nl!tO thm if 511id removal causes any damqe to the premises, s:iid Conces,1011:1ire will repnir the same if a proper and satisfactory manner at its own exp .. nse . All liquor licen~es sh:1ll he trnn~ferrrd to the City of Eni:lewood. At no time shall Conct~sionn i r c> t.-rm in:ui-. ahtor or surrendi.r the li11uor license without approval of the C1t_v of En:.:1 .. "ood . The Concu~ionaire shall be subject to injunction to prevent surrPnd .. r or in;un to th,, li,1uor licton5e . t.:1,on u,rmination, the attached Power of Attorne~· ~hnll h.-op<·r:1ti,·P :ind ,h:111 nllo" thl' City to opf'rate the establishment pu r,u:1 11 1 t v I:>" 111 th,· ,.,.,.,n thc-1,quor li,·rnsi· is tran~f,.,-rfod to the City of l::11 :.:l ,-\\.,,,d _ 111,· t ·11 _, ,hal! µ.,_, th,· C1111n ·"1011nin· $:.1.5UU .OU 1 .. ~. any offsets allowed by t h,· p r1 ur l h\)\ , ..... ,,, ... df°tl.: .. .-\:.:.1 n·ll u-1ll All notil't~. dem:ind , r111d commu111r:ttinns hi,reunder shall be personally served or gi,·en b) r crtif.,-cl or reg-i;.t('l"~rl m ai l, 11nd : A . lfintc>nrl <·<l for Cit.,· sh:ill h<' addrc,s!<f,d to City :it : Citv of En~lf'\\uOd Attent ion : Cit.,· :\l:t ,,:1~~,. 3400 .South El:1 i 1 Stntt En~l~"ood , Co lo rad~ i;o110 w ith a coµ) t o · City of Engl.,"oo cl All t·llllun : C1t .1 .\ttorn~y 3-Hill :,,1uth Elm, Str1.-<:t E ngle " ood . Colorndo 80110 B I f 1111 <-n<h-d 1'nr l 'onl'r,-io11:1ir,, •hall 1w ruldre~~ed to ConceHionnire at : C . with :i cop,· to · An~· notice gi"en by mnil ~h:ill be deemed delivered when deposited in a United St:1te s gten er:,1 or brnnch po s t offi~-.,. addre11td 1111 above, with post.ap prepaid, or wh.,n 5e n ·ed ptrson .1ll y :it the applicnhle 11ddrtN11 . 10 .... ' \ . ' .... .. I • • 0 m' ]- • • ,~ • ' ,, Stttjon 26 . E!l.'TIRE AGREEMENT. This Lea~. together with thi, exhibits att:ic:hed hereto : A . Contains the entire ag,-f'l!ment between the parties; and B . Shall be ~vemed b,1 thP l:i"'s of the St:ite of Colorado . Sec;tjon 27 . SEVERABILITY . If :iny clau5e of p1·ovision of th is Lense is illegal, in\•alid or unenforceable under present or future laws efTecti\'e during the term of this Lease, then and in that event, it is the intention of the parties hereto that the rem11inder of this Lease shall not be afTectPd thereby It is al~o the intention of the parties to this Lease that in lieu of each clau se or pro\'ision of this Lease thnt is illegal, invalid or unenforceable, there be acldt-d a, n part of th i, l.<·:1,,· :i clnuse or provision as similar in tenns to such illeral, inl':ilid or unc·nfo rn·:1 hl<-da11-.' or provi~ion R~ mn~· h,• pos~ihle and be legal, valid and t·nf11n,:<·al,I,· ~ewro ·)S C.\PTIO:--. .; The c:ipt,lln uf ead1 S,·,·ti.111 ,, acldvt! :1, :l matt..r of' Clllll'<'ni,·n,e only and shall not be con si dered in the constru cti on of :inl' provision or provisions of this Lease . 5ediPD 29 Bl:->Dl:'\G EF'FECT . All terms, conditions nncl col'en.mu to bt: observed and performed by the parties hereto shall be applic:ibl,• to nnd binding upon their respective heirs, administrators, executors , succe;sor~ and n~,;ig,1-. I:'\ \\'IT:-.F.SS WHERF.OF. th ., p:irties h.;rl'to h.we hereunto set their hands and seals as of the da., and year fif'•l alilJ,·r "r1tt1:n . CITY OF E:'>GLF.WOOD, COLORADO "City" By ____________ _ ATTEST . City Clerk ·concessionaire" A.I'--------------- R.1--------------- 11 .... ,,,_ . , • .. I • • 0 m' '32 x l • •• I :;-:,- ~ (.a.) I\) X .... t ~. i~J~! I ~ 1-iJ ---L - I I .J I : -.~-~~ 1 .. ....J ~ I I .I -'~ :;r~--·-L~p-·. ~,. .i. ,,t; ll=-....: ~~ iii, :~ _J t.> !:, }· • • c' . ~ 0 • . -' -- I -t·-- 0 flL J' @) eJ "'-M.MIIJ,~ ..__ -----..t-= ~ --~ .. ~ ........... "' ~,i' l!~l_j!."!t 7) f_~ ~ ,. .... j fl!J'-0' 9 s:I "' I I ~I ~l.!!!l!7!! I~ !l:1 ~ 710 <,4/- "-7 llf Ool/-1 = ~I !1• -i £: e tmPO!fm! 133 ~I• k ~ ,, . I -I I G ,I .... ""' "~"' (j. ~ l ~ffMl(M • I ~ 11:"UX.ATIC*l'OR ~ ( ICl'.,1116 DMJfR -1 -- ~ I~ f,11/AXJI t.> "'I -~, > -t-•-J:,C• ....... I I I I 0 • • " . ]- • City of Englewood SERVICENTER • 0 - '· CLARIFICATION NO. l TO BID REQUEST NO. 5-124 2IOO S. PIIIII Aiw9r Drive EnglewOOCI . ColDr8IIO 10110 "'-(303) 712·2S20 FAA (303) 718-1125 ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE NOVEMBER 27, 1995 The following are clarifications in response to questions asked at the mandatory walk through on November 22, 1995. It is the intent the new concessionaire begin by mid January, 1996 -February l, 1996 at the latest. Section 4: There is no provision in the agreement for extensions to the five year period. Section 18: The liquor license fees are determined by the City of Sheridan and the State of Colorado. You need to check with them. The agreement with the current concessionaire expires December 31, 1995. Section 5 -second paragraph: Concessionaire shall provide food and/or beverages including alcoholic beverage• on the golf course through the use of abeda, a cart or a combination thereof. IBm> de•ign shall be approved by the City Manager or his designee (the wording IBBD applies to the design of a new shed which might be constructed). ,. - r-. Pronled on Recycled P_, ~- .. ..... ...... •. .. I . • 0 I I ID '32xl ]- • CLARIFICATION NO. l BID REQUEST NO. 5-124 . ' • • I• • ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE TWO Section 20 (a) : Performance Bond -Conceasionaire may obtain a performance bond in the amount of $50,000.00 or put into escrow the amount of $50,000.00. Section 6: There will be no other vending company or concessionaire. Section 3: The "Leased Premises• as referred to herein is defined to be the golf clubhouse restaurant and lounge which is owned by the City of Englewood, Colorado. See Exhibit "A". Proposed food and beverage operations shall also be allowed on the golf course. Food is not allowed in the conference room or other areas of the clubhouse; however, if food is allowed in the future, the concessionaire would have the option to provide it. Section 17 (el: Violence and acts prohibited by lay committed by Concessionaire or employees of Concessionaire shall cause immediate termination of the Lease . The televisions and the satellite are the property of the current concessionaire. There is not a requirement to maintain auch a aystem. If the new concessionaire desires to have these, it will be the concessionaire's responsibility. The City of Englewood provides the equipment (ie: stoves, oven, refrigerator, coolers, freezer and ice machine.) The concessionaire provides all kitchen ware (ie: dishes, silver ware, small appliances, pots and pans). ..... "' - .. I • • 0 '32xl ]- • • • • '· CLARIFICATION NO. 1 BID REQUEST NO. 5-124 ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE PAGE THREE Section 9. Rent a) 2 . The current conceaaionaire pays a monthly rent as follows: November -March -$1,190.00 April -October -$3,332.00 Please note thia excludes janitorial and trash charges. These are incorporated into the new agreement rental fees. bl The current concessionaire pays an amount equal to twelve percent (12\) of all gross •ales in excess of $240,000 per calendar year. ALL BIDDERS KOST KAltE A STATBIBNT ON TDIR BID ACDIOWLSDGIJfG TD RECEIPT OF THIS CLARIFICATION NO. 1. If you have any questions, please feel free to call me at the following telephone number, (303) 762-2392. Betty Goosman Buyer III . , .. I· • 0 , ~'\VI - - • • • • • (, ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE EVALUATION FORM APPLICANT : _____________ .ASSESSOR: ____________ _ DATE : ______________ _ VERY VERY NtQ LOW LOW AVERAQE HIQH HIQl:I FINANCIAL X s 10 IS 20 2S %OF GROSS CUSTOMER X 5 10 IS 20 25 SERVICE PRESENTATION AND X s I 12 15 20 BID PROPOSAL MENU-X 5 I 12 IS 20 V ARlETY & PRICING MARKETING X s 10 IS 20 25 PLANS *PROFESSIONAL X 5 10 IS 20 2S ATTRIBUTES •PROFESSIONAL A lTRJBUTES INCLUDE : Positive lllitudc, innovllive 111d c:ralive, flexible 111d versatile, Ible to work well in a tam· oriented en, ironment. forward focus. hi&hly molivaled and williJI& to lake rias, able to !Oller a cralivc view of future poaibilities, and commitment. OBSERVATIONS/ COMMENTS : TOTAL POINTS: • ..... "' - • ... I • • 0 1 32 x l ]- • • I• . • ' .. ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE INTERVIEWS DECEMBER 15 , 1995 1. How would you define "customer service" and bow do you plan on meamiDI it'? 2 . How much time do you plan on being at the resuunnt and what will your penonal involvement be on the clay to clay operation of the facility? 3 . How do you plan on marketing the facility? ... 4. What do you think you can bring to the facility tbll other pNIIIICIM CODCellionaira camot7 5. Do you have any questions for us? ,. -.. • I. • 0 I ~?xi ]- • • • ·, • .. City of Englewood TO : FROM : DATE : SUBJECT : JERRELL BLACK, DIRECTOR OF llECREA TION BOB BURGENER. RECREATION SERVICE MANAGER ~ JANUARY 5, 1996 REFERENCE CHECK·JOQ CORP This past week I checked references submitted by JOQ CORP . ,.. &glewaod Goll eo.... 2101 w. Oldolll ..,.._ &glewaod. Calorado 80110 "'-(303) 781-ol48 I talked 10 Bob Easton, Executive Director of Foochills Parts & Rec:ralioa Dillric:t met Dan Hylton, General Manager ofFoodiills and Meadows Golf Courses . Bolh pmlanen wwe wry positive OD lbc capabilities oflhe JOQ CORP . Mr. Eulon and Mr. Hylton bod! said dial JOQ owners met lbcir staff demonstrate excellent customer terVice, dedicllion met lbc lbilily ID nla III aoifws met lbcir DNdl. They look I ''flounderinl~ aolf coune business met IUl'Ded ii ialD I prafillble openlal ill I liale - a yean time . I aJso talked 10 Dave Derweiler, Had Professaial • a-0-Golf'C-.. He had very much the same lhinp 10 say, but aho added dill Ibey did a llrrific: job wilb lbcir Jeaaucs and junior program . . . ... I· • 0 1 32xl - • • ·, • .. • A DIOUJnON APPllOVDIG TRI OOLr OOtJaa DITAUUNT CONCESSIONAIRE AGREEMENT BE'l"WEEN THE CITY OF ENGLEWOOD AND .JOQ CORP. WHEREAs, .JOQ Corp . had bee Nlldled • tbe CGDCINiauire to operate tbe Bn,lewoocl Golf Course ClubhOUM llestaUl'Ult; NOW, TIIEREFORE, BE IT RISOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tim 1. '!be A,reemmt betwema tbe City al Enclewood wt .JOQ Carp. for l'estaUl'UltlCODceuiGD NrYical at tbe En,iewood OoJf Comae ia unby &Jllll'099d . A copy al laid agreement ia attached hereto • Ezbibit A and iDCCl]IOl'ated herein by ~- Scc;tjgn 2. 'lbe Mayor and tbe City Clerk are hereby autboriwl to aip and atteat tbe. Agreement describechbove for cmd GD bebaJf al' City Council and tbe City al En,l-ood. ADOPTED AND APPROVED tbia 15th day al .Jcmuary, 1996. ATTEST : Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellis, City Cln far tbe City al ED,lewood, Colando, henby Cll'1:ify tbe above ia a true copy of ReaolutiGD No._ Serill al 1196. I . . 0 '32xl ]- • 0 • '· AGREEMENT THIS AGREEMENT, hereinafter called "Leue", made and entered into this_ day of , 1996, by and between the CITY OF ENGLEWOOD, a Colorado mwueipal corporation, hereinafter referred to u "City", and JOQ CORP., heninafter refernd to u "Conce11ionaire"; WITNESSETH: WHEREAS, the City CIWlll certain real property which ia DOWD u tbe Eqlewood Municipal Golf Course, hereinafter called "Golf Comae", and located in the City of Sheridan; and WHEREAS, City and Cooceaicmain clNire to mter into a leae for the manapment of the restaurant and lcnm,e located at the Eqlewood Municipal Golf Comae; NOW, THEREFORE, for and in c:ouideration of the mutual covenants hermaafter appearin& and of the ~yment of the moni• heniDafter let forth, the partial bento acne u follows : Scs;tiop 1 STATEMENT OF INTENT. The purpose of this Lease to provide mack bar, srW and bar services to the ao1ftDi public and a quality, full-service restaurant facility ofl'eriDa breakfast, lunch and dinner for iroup meetinp, Mrvice dubl and informal eveaiDc diJ1ins . S,,;tiop 2 GRANT. The City hereby le-to Collceuianaire the portion of ita F1f dubhome pramtly uaed u its restaurant ccmceaicm, toswther with tbe impro11e1nents theNm, located at 2101 West Ozford Avenue, Sheridan, Colorado 80110, for tbe pmpoaee of~ food and bevera,es, includinc alcoholic beverqee, and for locatiq optional YeDdinc machines to be uaed in the purveyance of food, mac:b or aoft drillb, and Concessionaire hereby leues from the City the Leued PremiaN and improvements therein . S,c;tjop 3 . DEFINITION OF PREMISES . The "Leued Premiln" u referred to herein ia deftned to be tbe so1f dubhouae restaurant and lounp which ii owned by the City of Eql-ood, Colando. See Exhibit "A". Proposed food and beverap operatiou lhal1 a1ao be all--S GD the F1f cour1e . Nothin, herein lives Coo~cmaire any ript to int.erfse with or participate in the operation of the GolfCoane u a solf coune, i .e . fairways and sreens, Pro Shop, and all other plf c:oune operations. ..... ... I. • 0 I - • • 0 -; (. $cc;tion ,. TERM OF AGREEMENT . This Lease lhall not be effective until Ccmc:euionaire bu obtained a liquor licenae to dupeme alcoholic beverap1 purnant to C.R.S. 12-47-101 et. eeq . From tbe date of aipatutt until the liquor liceue ia authoriud by tbe proper cdllc:iala, tbia Laue aball be considered an Option to Leue that may not be terminated by aitbar party, ucept that if the liquor lice111e ia not sranted and iD c,peratiaD CID or Wan ----• 1996, the City may terminate tbia Optim to Leue. TIie City bmwby sranta to Conc:euicmaire tbe riplt to hold tbe Leued Premiaea punuant to the tmma of this Lease for a term of five years commenc:m, cm 1996, the date of tbia Leue, and enclin, OD . ~ ... the term of the Leue ia terminated u hereinafter provided. ~ Stc;tigp 5 USE OF THE PREMISES . Concessionaire aball have tbe ript to .,...mcm of the IAaaed PnmiNI for the purpose of aerviDc food and/or beverapl, iDcludiq alcobolic 11ev....,.., for CODSWDptiOD OD tbe IOlf COlll'II. Bow .... , DOtbill( iD tbia 1-N aball be camtrued to authorize that which ia prohibited uncle United Stat.., State or local law, ordiDance, code or rerulation. The Leued PnmiNI aball be uaed by the Ccmc:euicmaire for the purveying of alcoholic beveraps, u tbe aame may be authorised by and replated under the Colorado Liquor Code, C.R.S. 12-47-101, at Nq., and for the c,peraticm of a restaurant . Concessionaire aball operate tbe Leued PrmDiNs iD a careful, aafe, quiet, orderly, and businesslike manner . Ccmceslicmaire aball not ue or permit the premises to be l1led for any purpoH that ia prohibited under' tbe 1awa of the United States, statutes of the State of Colorado, or ordinaDCN, re,u1atiam or codN of the City of Englewood or the City of Sheridan. Conce11ionaire aball provide food and/or bnera,es indwlinc alcoholic bnerqe1 on the golf CO\ll'le throup the UN of abeda, a cart or a ccabinatiaD tbanof. Shed dniln 1hall be approved by tbe City Manapr ar bia desipee. U• of a cart aball not interfere with the operatiCID oftbe aolf-. Service to tbe ,olferl CID the coune ahall be reviewed by the City IIIIDapr or bia cleaipee r,wy m (I) IIUIDthl. Entertainment of any nature that C-cmc rimain prapolN cm the ..-iNI aball be subject to prior approval by the Enpewood City Karaapr or bia clelipee, which approval lhall not be IIDJ'9UCID&bly witbbeld. If the City datanraiDN any entertainment to be objectionable, City lba1l aadfy Ccmc:eeeianaire in writini thereof and Concessionaire aball terminate said IDtertainmmt immediately. $cc;tjgn 6 EXCLUSIVE RIGHT TO USE PREMISES. City hereby grants to Ccmc:euiCIDaire the adllliYe ript to UN the IAaaed PnmiNI to operate a reataW'aDt and to PIU""Y alcobolic ......,.. '!'be City aball not operate any vending machine, dupeme food , macb or....,_ without the apna1 approval of Concaaionaire OD tbe Leuecl Preaua.. 2 ...... •. I . • 0 '32 x l ]- - • • 0 • Scd;ion 7. MENU . Tbe Conces1ionaire lhall provide an attrac:tive menu for breald'ut, lunch, and eveDina meall liltiq meal itema, beverqea available and CUJ'l'9Dt priciq. Menua, pricinc and chan,ea to menua or pric:m, of menu item1 lhall be reviewed and approved by the City Manapr or bil delipee. Scd;ism 8. HOURS OF OPERATION. a) From April 1st throup Oetober 3llt of' each :,ear, the c.anc..liGDaire lhall operate the restaurant facility NVm (7) daya per week and duriD( tbNe mGDtha lhall be open each day to aerve meall to the public from .. balfbour before dawn and 1hall remain open util at leut 10:00 p.m. b) DuriD(the months of November 1.sttbroup March 3:i.tof'each year, the Conceuicmaire lhall operate the nltaurant facility NYeD (7) days per week and durinc these months abaD be op111 each day to NrYe meall to the public at dawn and lhall remm open until at leut 8:00 p.m . c) Hours of operation may be modifted with written approval &om the City Manarer or hi• desipee. d) Sunday clolinr at 8:00 p .m . ia permitted . Nothinr henin aball be comtrued as prohibitinr the Conceuionaire &om beiDi open for other hours in addition to those stated in para,raphl •a• and "b" above . Restaurant may doee on Christmas Day. e) Conce11ionaire a,rees to cooperate with the Golf Comae Manapr in 1chedulinr rolf meetinp and eveatl that involve uae of the pill, meetiq room and diniD( room. In the event of any diaqreement, the matter lhall be referred to the City Manapr or bil deaipee. f) MAINTENANCE, REPAIR AND REPLACEMENT . 1. Tbe City lhall be rNJl(IDSible for the cost of mainteaaDce, repairs and replacement of the stove and oven, deep fat fryer, ainb, cabinets, di1bwalher, &eezer, wallt-in cooler, bar refripration, and mack bar cooler unleu such COit ii due to neclilence or other ac:tl by Conce11ionaire or employea of Concesaionaire. 2 . The Concessionaire lhall be nlJ)ODBible for repairs and/or replacement of lirht bulb1, furniture, amall appliancn, diahea, cl-, llilverware, and other equipment and mi-Uaneous cookins pota, pam and ateuila. r) Conces1ionaire and or the City may temporarily doee the reataurant facility for cleaDina, conatruction and mainteaallce under a mutually qreed upon 1chedule . 3 ..... I . • 0 '32xl • • 0 I • -' '· Scs;tigp 9 RENT . al Concessionaire lhall pay rent to the City in accordance with the followinr acbedule: 1 . Effective OD the date that Canceuionaire bepia buain-operaticm and until the date that a liquor liceme ia iaaued and dective, the Canceuicmaire will pay rat to the City in an amOUDt equal to twelve perceDt (1.211,) al pou aalea (acludiq aalea tu). Said rat aball be paid cm the 10th clay al Neb IDClllth for aal• made in the pnc:,ediq IDCllltb . 2 . Commmcm, CID the tint clay of the month after the U.-, licaN a.-. tffecti ... the C----cmain ahall pay mcmtbly rat • fallowa : SJ llQQ oo--th far the mcmtbl of November, Dec 1m'blr, .,....,., r..,..,, wt llarcb: ad S., 6IIQ 00 per month far die aGDdle al April, llay, Jae, July, Aaplt, Sept.ember and October. '!be af-.id &ad rat paymenta aball be paid uch mC1Dth, iD advance, CID the 6nt clay al Neb IDClllth ar CID the tint Maaclay of ncb IDClllth if the tint clay f'a11a CID Saturday or Sunday. A penalty r.e al 110.00 per clay ar part tbenol llball be c:barpd far uch day or part tbenof that the NDt ia pat due, UDtil 12:00 micb,ipt CID the 1,th day paat due. Uthe rent payment ia Dot received by midDipt CID the 1,th day paat due, the eonc...C1Daire aball be in Yiolatian of the terma of tbia A,reemmt, and aubject to tarmillaticm . b) In addition to the fb:ed monthly rental u apec:i6ed iD tbia Section, the Conceaaionaire aball pay an amOUDt equal t.o twelve perc:eat 12'1> of all pou aales, includinr any revenue derived from catermc Nnicea orisillatinc from the restaurant, in uceu of lU0,000 per calendar ,-r, payable OD or before April lat of each year. C) For purpoaea of this Leaae ODly, the follawmc llball be acludacl from pou aalea: (a) all sales tu which ia both collected by the CancaaaiGDain and remitted by the Concealionaire to any penuHDt ar penuDeDtal apncy; and (b) the amount of any refund or credit ICtaa1ly made or pvm by Conceasionaire for a sale, the amOUDt olwbich aale bad been iDduded by Conceaaionaire in Conceuionaire'a pou aalea. Far pmpoaea ol tbia lAue, and ucept u provided above, "pou aalea" llball lDUD (a) the pou amowat received by Conceaaionaire from all sal• made OD the Leued Premuea ud rolf coune, includinr sales made from •endmi macbiDea owned, leued or operated by ConcealiC1Daire; and (b) all charpa rmclered by Can-.onaire for aervicea, on the Leued Premuea, iDcludin, Nrvicea performed OD or within the Golf Coune; and (cl the pou amount received by Conceaaicmain from any other source of income derived from the buaiD .. CODduc:ted OD the IAued Premises and rolf coune. Alon, with the pm:utqe payment, CanceuiODaire lhall send to City a atatement which aball Mt forth the pou aalea lor the year and the authorized deduc:tiou, if uy, therefrom . d l When the City meetiq ia an otllcial bulineal mNl:iDI with a maal, there abould be no aet-up charp; an otllcial City IDNmll without a meal aball be .. .... 4 •• ...... 6' - • . ' ... •· • 0 '32xl • • • 0 - charged a Ht-up fee . If the meeting ii an unofficial meetinc, with or without a meal, the aet-up fee can be charpd. For clarification, an official meetinc ii a meeting called to conduct official business of the City. Scs;t:jgp 10 . UTILITIES. City lhall provide all utility com for operation with the aception afr'Ntaurut telephone. Concessionaire ahall be efficient iD the uae of utilitiea. Scs;t:jgp 11 JANITORIAL SERVICE AND TRASH REMOVAL. City shall be responsible for the reuonable COit of truh removal ud janitorial aervice for the Leued PmniHs acept for the kitchen, area behind the bar, office area ud stora,e areu. Scs;t:jpp 12 PARKING FACIUTIES. a) The uistinJ parking facility alljacent to the Restaurant conceuion (hereinafter called "parking facility") 1hall be open for use by Conceaionaire and its customers; 1uch richt of uae of the uid parking facilitiea 1hall be non· e:itcluaive richt. City lhall mark three parkiq apace1 of the parking facility to indicate that they are reaerved for uae by Coaceuionaire. b ) City lhall at itl OWD e:rpeme maintain the parkiDf facility, which lhall include mow removal when neceuary. Scs;t:jgp 13 SIGNS. The City and the Conceuionaire aball share proportionately iD the COit of in1tallation and maiDteDallce of a •iln or •ilna at a location(1) ud containinJ lanruace that i1 mutually a,reeable. Scs;t:jgp lf . PHYSICAL FACILITY AND EQUIPMENT . City qren to provide apace, btunl, equipment aDd furniture for u equipped kitchen, bar, lounp area, pill, IIIACk. bar and two dimncfmeetinc room,. Concn1ionaire qren not to move a:iltiq partiticma aeparatiDg diDiDc area and meetiDg room without the written permiuiOD of the City Manapr or hit deaipee. Sed;ign 15 ADDITIONAL FACILITIES AND EQUIPMENT . Concessionaire aball have the ript to inatall additional facilitia ud equipment with the coment of the City Muapr or hit deaipee. Coat for aame aball be by mutual qreement of the parties. Sed;ipp 16 SECURITY. Conce11ionaire i1 re1pon1ible for the obtaininc of theft inlurance covenn, all food, liquor, and other 1upplie1 and penonal property of CoaceuiODaire . Such policiea 1hall contain no richt of 1ubroration apiDlt the City. Ccmc:euionaire aball provide a copy of the policy to the City Manapr or hit dalipee. 5 •• •. .. 0 I . • 0 ]- • • 0 - Scd;jon 17. PERSONNEL. a) Concessionaire lhall at it.I own upenae employ such qualified penonnel u may be neceuary for the conceuion operation and lhall require all pencmnel to be dean, polite, and c:ourteoul in their tnnaactiom with the public. b) Conceuionaire lhall ,ive pencma1 auperviaion and direction to the operation of the conceuion and, when ablent, keep competent penonnel in c:barp. c) City shall not be rNpODaible for the w..-or ulari• oC any .mpia,N or reprnentative at ConceuiODaire, nor for any debts, liabiliti• or other oblication1 of Conceuionaire. d) Neither the Conceuionaire nor the employeN who perform Nffiees panuant to the A,reement lhall be CODlidend .mplo,ws, aervanta or apnta at the City of Enclewood u a nault at the performance at Nffiees UDder the Apament. e) Violence and acta prohibited by law committed by Conceuionaire or employ- of Concessionaire lhall cauae immediate termination at the Leue. $cd:ion 18 . LICENSES AND PERMITS . Concessionaire, at its own expeme, lhall MCUN! any and all liceDleS and permita for food 1ervices and purveyance of alcoholic and non-alcoholic bevera,es . Conce11ionaire a,reea to promptly initiate an application and obtain a Hotel and Restaurant Liquor Licenae pursuant to C.R.S . 12-47-101 et seq . Conceuionaire lhall have the responsibility of the enforcement at all liquor laws and re,ulatiom on the premises . Conce11ionaire lhall reimburse the City for all license f-it bu paid to Sheridan and the State of Colorado . $cd:ion 19 . COMPLIANCE WITH STATE AND CITY HEALTH CODES . Conceuionaire lhall keep all conceuion areas in a dean and aanitary condition at all times and lhall comply with all liate, COUDty and city health laws relatinr to the di1penain1 of food and beveraps. Scd;jon 20 . INStJRANCE/INDEMNIFICATION. a) Concessionaire qrees to furniab to City a performance bond in the UDOUDt of Fifty Tbouund Dollan ($50,000 .00) ruanntNiDI faithful performance by Conce11ionaire at all term,, covenanta, and conditions herein CGDtained and compliance with applicable City ordinances . Said band lball be fmDilhed u at the date at uecution at this Laue. b ) Conce11ionaire shall at Conceslionaire'1 own upenae keep in full force and effect durinc the term at this Leue atatutory Workmen's Compensation coverace . 6 •• ' I • • 0 '32 x l ]- • • • 0 t• . • ' ,. cl INDEMNIFICATION. Conceuicmaire qrea to indemnify and hold harmlNI the City of Enrlewood, ita oflicen, em~oyen, illsunn, and 1elf- inaurance pool, from an.d apiDlt all liability, dllima, and demands, on account of injury, Jou or damap, of any kind whai-v.., which arile out of or are in any manner connected with ccmceuicmaire, if such iDjary, Joa, or damap ia caused in whole or in part by the act. amiWOD, or odm' fault of conceuicmaire, or any officer or employ.e of ccmceuiaaain. Conceuicaaire qraes to investipte, handla, rwpaad to, ad to pnmde ..,__ far any nch liability, claima, or demands at the lole ..,_.. of caaceuiaaaire, and qraes to bear all other COits and upmw nlated tbanto, iDclwlmc court COits and attorney C-, whether or Dot any IUCb liuility, claima, or cleman.da allepd are ,roUDdleu, false, or fraudulmt. d) INSURANCE. 1. Conceuionaire ia to procure and maintain, at ita OWD «:oat, a policy or policies of in1urance IUfflcient to imure apiDSt all obliptiODI auumed by Concessionaire pursuant to tbia Leue. 2 . Conce11ionaire shall procure and contiDuoualy maintain the minimum inaurance coverares listed below, with the forms and imuren acceptable to the City of Enrlewood. ID the cue of an.y claims-made policy, the neceuary retroactive dates an.d atended reportiDr periods lhall be procured to maintain such contiDuoua coverap. (a) (b) General liability and erron an.d omiuions insurance with minimum limits of ONE HUNDRED FIFTY nlOUSAND DOLLARS CS150,000.00) per aach penon and SIX HUNDRED nlOUSAND DOLLARS ($800,000.00) per each oc:currmce, plus an additional amoUDt aufflciat to pay related attorneys' fNI and defenae COits. Liquor Leral Liability luurance, with minimum limits of $500,000.00 for injury or daath of an.y -penaa; Sl,000,000.00 for injuries or death occurriDr u a reault al any aae accident; $50,000.00 for property clamap; and $500,000.00 far products liability. A certificate evidenciq laid inaurance policies lhall be kept on file with the Clerk al the City and lhall have a proviaim that the nme lhall not be altend, amended, or cuceled without first rivinr writteD notiftcatian tbenal to the City thirty days prior thereto. Conceuicmaire further qrea to iDdeamify the City for any clllima brou(ht apiDSt the City because al or aa account al Conce11ionaire'1 operation. 7 .. ' ,,,_ • . ... 0 I . • 0 , - • • 0 • 3 . Fire and Est.ended Coverap Imurance lhall be provided by the City OD the Club Houae buildiq, and utended buildinp included iD Leued Premiaes, cmly . Ccmceuionllin lhalJ be IOlely rapomible for NCm'iDs and paymc for imunnce covera,e OD thoae improvematl ud amtenta belODliDI to Ccmceuicmaire located in or OD the Leued Pnimiaea . Conceuicmaire benby apreuly wama uy cauae al acl:iCID or ript al recovery which Ccmceuicmaire may hereafter have apiut City far uy lea or damap to Leued Premiw or to uy amtmtl • ia.paou m'la tbanto belonpir to eitbar party, cauNd by&. or apll rim '. Tbe policiel Nq1iind above lball be adorNd to iDclade the City al Eqlewood ud the City of Eqlewood'1 am-. ud _..,_ • additional iDlund. EYW)' policy nquind --lhalJ .. pria-, imunnce, ud uy DII\U'IDCI canied by the City al Eapewaud. itl omcen, or ita employNa, GI' carried by GI' prcmded tbroap ., ... UllUl'UlCI pool al the City al Eqlewood, aball lie _.. 111d D0t contributory imuruce to that provided by CoacNaicmain. 5 . The certificate of imunnce provided to the City al Eqlewood lball be completed by the conceuicmaire'1 imurance apnt u evideDce that policies providiDf the required coverap1, conditions, and minimum limitl are in full force and .&ct, ad lhall be rwvi-ed ad approved by the City of Enrl-ood prior to commencement of the Afr-ent. No other form of certificate lhall be Uled. The certificate aball idatify tbia A,reement and aball provide that the COftnP1 afforded under the policies shall not be canceled, terminated ar materially clwapcl until at leut 30 days prior written notice baa baa fiven to the City ofEqlewood. The completed certificate of imurance lhall be aent to: City Clerlr. City of Enrl-ood 3400 South F.lati Stnet Eql-ood. Colorado 80110 A certified copy of any policy lball be provided to the City of En,lewood at itl request. 6 . The parties hereto undentand and ..,.. that the parties an nl:,iDr CID, and do not waive or intend to waive by any provisiCID of tbia A,reement, the monetary limitatiam (praently 1150,000.00 per penOD ad '600,000.00 per occurrmce) or any other riptl, immunitiN, and pnuetiCIDI pnmdad by the Colorado Govenamatal Immunity Act, C .R.S . 2'-10-101 et Nq., u from time to time amended, or othenuiN available to the partiN, their officers, or their emplo.,en. A certificate evidencin, laid imurance policy aball be kept CID tUe with the City Clerlr. of the City and lball have a prcmaicm that the aame aball not be altered, amadad, or canceled without tint rmn, written notification thereof to the City thin:, daya prior thereto. CoacNaiODain further a,reea to indemnify the City for any cJaima broqht apiut the City becauae or CID aCCOWlt of C.U:...main'1 operatiCID • 8 ..... - ,. - •. .. I. • 0 l ri '32xl • 0 • $cc;tjgn 21 . FIRE OR NATURAL DISASTERS. ID the event tire or natural cliauter rmclen the Club Boue and it.a CODc:euion facilities inoperable, the Ccmceuianaire abal1 be releued from the t.erms of compauation to be paid the City -til ncb time u the Club HOUie ud it.a conceuion facilities are decland open Uld opanble by the CitJ. If in the evmt ncb CGDc:euion faciliti• are DOt open and operable wit:biD a paiod oftbirty (IO) dayt from the time of 1ucb diauter, Ccmceuiouire bu the ript to tamiDate ita CGDtnct llld IAue with the City under Sectillll 24, TmainatiaD of Llue, Clllltamed benin. SectiOP 22 TENANT RECORDS. CoDCNsionaire abal1 bep and maintain _,._. ud accante _. ud accounts of it.a bulinlN GD a calendar ,-r bam. A -thly rwpart abal1 be 1enerated proviclinr a breakdOWD of •(!'OIi ..i.• into the followin( catqaries: Restaurant ()peratiOlll, Caterin( OperatiOIII, Bar Operatiom. Such records shall be maintained in accordaDce with ,enerally accepted acc~tin( principle, and llhall be audited annually by u independent accountant certified in the State of Colorado. The records llhall dearly show Conceuianaire'1 (l'OII aales, u defined in Section 9(c) of this A,nement, indudin( promedl from all caterinl activities. Grou ulu ,hall be divided in rataurut aperatiODI, caterin( operation• and bar operatio111. Such records ud accounts, iDchMliDr all aalel tu reports that Conceuionaire furniahu to any rovernment or pernmental a,ency lhall be made available for inlpection at uy nucmable time UJICID nquat of the City, the City', auditor, or other authorized representative, and a copy of ncb. Ulllual audit, includin( all written comments and nc:ommadation1 of ncb iDdependat aCCOU11tant, llhall be furniahed to the City Cink wit:biD 90 daya of the cbe of the ftacal year bein1 so audited. Conceuionaire abal1 at this time pay the additiaul nnt u specified in Section 9(b) of this A(rNDumt alclar with a separate ltatemellt from the auditor 1tatin1 the ,rou uln of CODCISsianaire. Scd;jgp 23 . TERMINATION OF LEASE. a) This Leue may, at any time, be t.arminat.d by at.her party upaD lliDety (90) days' written notice to the other witbout -· b) The partie1 may terminate the Laue by PVUII thirty (lq) days' written Dot:ice of a violatim of parqrapbl 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Uld 17 . c) Violation ofpararraphs 18, 19, 20, ud 21 llbaD be P'OQllda for immediate termination of the Leue. 9 . ' \ I. • 0 , • • • t~ ·, • Ses;tign 24. DELIVERY AND REMOVAL UPON TERMINATION . Conc:euionaire will deliver the premiNs at the terminaticm of this Laue iD u sood ccmditicm and It.ate of npair u wbaD receiffd, acept for ardiDarJ war ud tar or lou or dama,e caUNd by u act al God . Upan tarminatioD, Coacellicmain aball have the ript to remove any nppliel or .--al property belansinr to or iDnal1ed by the operator, subject, bowfler, to any Yalid Jim .. claim wbicb City .., haft for Ullpud C-. Provided allo that if Mid~ -any damap to the pnmiNI, uid Ccmc:euionaire will repair the ume ba a propar ud aatilfactary manMr at its OWD apeDM . All liquor licmHI lhlD be tnnlf'wnd to the City alEapwaod. At no time lhlD Conceuionaire terminate, alter ar nrrmdar the liquor licmN witboat appn,Ya1 of the City of Enrl-ood-'lbe C-onenionaire aball be nbjlct to~ to pre'Nllt IWnllder or iltjwy to the liquor licmH. Upan terminatiall, the at&acbad Power of Attorney aball be operative and aball lllow the City to operate the llfabliehment punuant to law. In the ewmt the liqmr licanae ii tranafernd to the City al Enrl-ood, the City aball pay the Conc:euicmaire 12,500.00 •-any 6eta allowed by the prior proviliona of this Air-mt. Ses;tign 2$. NOTICES . All noticea, demancla and communicationa hereunder aball be penonally eerved or (iven by certified or re(isterad mail, ud: A . If intended for City aball be addnaed to City at: City of Enatewood Attention: City Mampr 3400 South Elati Slr9lt Enrl-ood. Colorado 80110 with • copy to: City of Enat-ood Attenticm: City Attorney 3400 South Elati Slr9lt Enclewood. Colorado 80110 B . If int.ended for Ccmc:euianaire aball be addr'Nlad to CoDceaianaire at: JOQCORP. Julie L. Quinlivan, Prnident John W. Quinlivan, Secntary 7229 West Cbaltnut Drive Littl.ton, Colorado 80123 with • copy to: R. Jerold Gerome, llq. 550 South Wadawartb Blvd., noo Labwood, Colorado acms.3117 10 ...... •, I· • 0 , I - - • • • (, C . AzJ.y notice pven by mail lba1l be ct-eel delrnnd when depoaited iD a United Stat.es pnera1 or branch pcllt aac., addraNd • .-.., witb poltap pnpaid. or when NrYed penaully at tbe applicable addraa. Scd;im 2fi. ENTIRE AGREEMENT. 'lbil 1-, toptber with tbe abillita attacbad banto: A . Cantaim tbe mtin &p'NIDmt benNm tbe parCiel; md B. Shall be peniad by tbe laws oltbe Statie olColando. Scd;igp 2'7 . SEVERABILITY. If any clame of proviliaD of tbil Lu.. ii illapl. iDY&lid ar anmfarceabla -c1er p?Nmt or future laws a&ctive clwiDr tbe term oltbil Laue, tbm and iD that -t. it ii tbe iDtentiOD oftbe parties banto that tbe ffll!liDd• oltbil Laue lba1l DClt be lff'ec:ted thereby. It ii al.lo tbe iDtmtiOD of tbe pu1:ial to tbil Laue tbat iD lieu of each dame or proviaion of tbil Luae tbat ii illepl. invalid or unenforceable, tben be added u a part of tbil Leue a dame or proviliOD u limilar iD terma to 111ch illepl, invalid or wmuorcaable dame or proviaion u may be pouible and be lepl, valid and enforceable. Sgg;tjpp 28 CAPTIONS. The caption of uch Section ii added u a matter of Clllllvaimce Clllly and lba1l not be considered iD tbe coutnaction of any proviliOD or prc,vuiam al tbil Laue. Scd;im 29. BINDING EFFECT. All terms, conditicma and covaumta to be obNrvad ad performed by tbe parti• hereto shall be applicable to and biDdiDi apaD their napedi,e bein, administrators, executon, 1ucceuon and Ulipa. IN WITNESS WHEREOF, tbe puti• banto have .__to Nt their banda ad 1eal1 u of tbe day and yur flnt above written. CITY OF ENGLEWOOD, COLORADO ·city" By __________ _ Thomu J . Burn,, Mayor ATTEST : Loucrilhia A. Ellil, City Clerk JOQCORP. •conca11ionaire" 11 ..... ,,, - . ,. ·- ... \ I • • 0 , xi - -(, IIIIIOLtrl'ION NO.£.. SERIES OF 1996 • ;- • • • A BaOUn'ION BNDOBSING ALl'Bm> P. VOlllll'ITAG a. POR A POSITION ON THE COLORADO MUNICIPAL LEAGUE EXECUTIVE BOARD. WHEREAS, a vacancy on the Colorado Municipal League Executive Board has occurred; and WHEREAS, Alfred F . Vormittag Jr. ia currently a member of the City Council of the City of Englewood, Colorado and wishes to apply for the vacancy; and WHEREAS, the City Council of Englewood believes that Mr. Vormittag'1 common eeme approach and experience will be a valuable aid to the Colorado Municipal League Executive Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedigp 1. The City Council of the City of Englewood, Colorado endoraea Alfred F. Vormittag Jr. for a poeition on the Colorado Municipal League Executive Board. ADOPTED AND APPROVED this 15th day of January, 1996. Thomu J. Buma, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City of Englewood, Colorado, hereby certify the above ii a true copy of Resolution No._, Series of 1996. Loucriabia A. Ellia •. 12 b 1 .. I . • 0 f ~,xi - < • . ,~ • . . .. AGENDA FOR THE 7:30 P.M. 2. Invocation. ~ 3. Pledge of Allegiance. ~ 4. Roll Call. '7 ~ 5. Minutes. at,d "(!{} a. Minutes from the Regular City Council Meeting of January 2, 1996~ 6. Scheduled Visitors. (Please limit your pretentation to ten minutes.) a. b. Recipients of Aid to Other Agencies funding will be present to accept their funding. Ann Nabholz,e-~~~r~munity members will be present to discuss Day Labor Businesses in Englewood and related issues. 7. Non-Scheduled Visitors . (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. lbJjffj !fl a. y indicating her resignation from the Water and Sewer "'"1 ru v'"J-V • ..... •. .. I· • 0 '32xl - • • • • • City Council Agenda January 15, 1996 Paga2 llid7{) ~1:; ~RI Public Heari~'k) /JI.~ r (!lw_ flf 9. a. Public .flaring ~.9a~r p~Aln~~ ~-~"..~.Hd>.,rt ~an~ Development.~ (.,6TU/f~ ~ b. Public Hearing to gather citizen input on a propoHd amendment to the Comp~~~~n· Or inance. 10. Consent A~'. ~ ~/ a. Approve on First Reading. ~ ~ 1-t' 7.-V Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving the renewal of Englewood's Automatic Aid Agreement with the City of Uttleton. STAFF SOURCES: Allan Stanley, Director of Safety S..icN; Kieth Lockwood, Dlvlalon Chief. b . Apprcond Reading. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. · i. Recommendation from the UtilitiN Department to approve, by motion, ~ construction of four City Ditch atructuru. Staff recommends ~l}.no .d'D awarding the bid to the low bidder, New Design Construction · r-v Fonda, Dnctor of Ullltlae. ~ Tr.~-5\ Company, in the amount of t82,000.00. ITAFF IOURCE: at.wart fJ. ., ii. Recommendation from the Department of Parks~ Recreation to ~ adopt a resolution approving a oontract for the operation of the /I~ j n restaurant concession at the Englewood Golf CourN. Staff '-'77r · 1-Q recommends aw•dlng the COlitract to JOO Corp. STAFF IOUIICEI: :::...7~~7E-:,;J::;-~ b. Apff ..;,.;..,'I...,.,.. ~ 12. General Discu11ion. ~~ a. ............. ,... ...... ......, ...... ...., ..................... a, .. -' •• .,..,. .. ............ ..__ .................... ,... ... I. • 0 , ]- ' Chy Council Agenda January 11. 1996 Paga3 ·, b. Council Members' Choice. (. • • • &+ £ i. A_on_,,_ __ olCeuncil~ ~? to the Colorado Municipal LNgue Executiv9 Bc,ani. -flT 't' ---u 13. City Manager's Report. ff 14. City Attorney's Report. Adjournment. ~ f,' 5D /0 j(!O The following minutes were transmitted to Council from 12/30/95-01 /11 /96: • Board of Adjustment and Appeals meeting of November 11, 1995 • Board of Adjustment and Appeals meeting of December 13, 1995 • Englewood Public Library Board meeting of December 12, 1995 Plwe llGlr. "you llawa611111ly ...i .. ...., .... ....., .... ...,, .. aa,., •-• •••ou-u,a11 ......................................... ,... ' .. • . .. I. . , • 0 - • • • 0 • 6. (!L ~/r;r; ~ Gff'7;()~~ . -' . I • I . • 0 ' • • ,-• 0 I • - --------------------. --------------~------·------------------------ ------------------------·-------- --------------- --_ ... ---------------- ------------- -- -------------- -- ' ,··--;.-----..... --~ ................. • I . • • " - - 0 ;, • ' • ., • I,. . . I . . 0 • • • • . - • 0 • •••• ,. . . I . • 0 ' ' 2 1- , . . - • 0 • " - I• , I· • 0 - • • • • , . 0 I • -. . @ ~~/t::::~~fa- ;7' ~ ~4~ ·- ~/ I). ~~ - ./1'2) ~ ""-AVJ~.NI, ~ - V ~ ()9~. ~J(!;;;;:~~ ~ ~~~~~JO;. - : ~AJ,v,_ ~m4lli -r~ =%~~~1> -- -. . - ' -&-d,¥ -- \ . . . I . . 0 - • • . - • 0 • ,,. . . . I . • 0 ' • "' - 0 I • • ---- -- -------- ----- .,... ---------------- -----______ ..-----~ -........ -- --------------- ----------------------------------- -------~ ------• I • • 0 • • '32xl • ,. - - 0 :. l -' • , • I . . 0 \ ' ,,,,,----,...~ ........ ~~-. -...... ' 2 - . . - • • • • February 5, 1996 REGULAR CITY COUNCIL MEETING • . ' ... .. 0 I . • 0 '32 x l