The URL can be used to link to this page

Home My WebLink About1995-02-27 (Special) Meeting Agenda- • • • • • <. .. • FEBRUARY 27, 1995 SPECIAL CITY COUNCIL MEETING [REGULAR MEETING 2/21/95 CANCELLED DUE TO RTD MEETING SAME NIGHT; 2/20/95 WAS PRBSID£NT'S DAY) ORDINANCE 1//, 5, 6, 7, 8, 9, 10 RESOLUTION t/ /,,, 28, 29, 30, 31, ll, 33, 34 • • • 0 ' r l:. I· • 0 • . .... -...... ~ (,.) f\) X • 0 • • fff 8 fl'I ~ !"' > .1 '= l-,i I I ) :fl> r !-' r ~ r ~ ~1 i:11,i 11 Er 1,, 1· 1 1111 I... B I 8, f . I i j· Jl,Ji f t iU , 1 f. I i f , .. • ! e . . f ~ a.. a~ l .. 1 , It " ' rtldl ii .. I ~ I ~ lJtit'f! ff[~I ffiji 'Ji } i ia f1f1f'i'f r~.s ff I rl 1 ; I a~ Ja.Jrf I '1 f. 11(1 11 I ~ 11111tfi ''i f I I' . i J "f I• I r ' 'f la:r' cl . ~ .. I'( J i • r . \ • I ·.. . •.1 •• . ~ • ~ . - • • a,1wwl Clly C-8 .......,27,lffl PaaeJ <. • • • Pultway ID die Well ol1Camaaa'1 Tall ud Big Sllop ud Cllpad die cxillial llllle ID iadade dle- dumly ID die llllllb oldie m1m11 Kiag Soapcn bllildillg. Mr. s.Diva IIIIDII dlll Kiag Soapan is coa-p.A111m111·l1111• "llreellc:lpe" 1.081 Bllllllway wllicla will iwww:ua die Int piWn widl iwt Ila:.-aad ... die tilhty IIIMUl'e lalllLlclpe IDI. apec:ially ........ c:wnady la piacc ... Bllllllway. Additiceeliy, Kiag Soapen ~ ID impnM die let, 111 · .... ..,,. A~ P JJI aNd Paltway ad dle-*oldlelllappiaa«-. Mr. S.W-..._c-:il 1Daaider.....,..: oldie,.... lwlllliaa ._lzi»a die..-...... oldie caftllll Pl . y .--. die TraLley Sqwe .....-, w. die ...... ~ ...... die Finl DeodolTNll • Trailey Sqwe. COUNCIL MOVED INTO A CON11N1JATION 01' COUNCIL'S STUDY SESSION AT 7:42 P.M. TIIE SNCIAL CffY COUNCIL MU'l'ING UCONVEND AT 7:55 P.M. 7. Na 11t I I I I Vllllln I . oo-..i1a111111:..-.,Pw•E 11 1..r.AJ,. c 11 (a) COUNCIL LIIFIOD BA'l'BAWAY LIIO\'D, AN9 IT WAS UCONND, TO ACCEPI' WITB llFGUT IIAllaAllA DAVIS' l.&1TEll OI' ltESIGNA110N IIIOII TIIE CLEAN, GUEN AND PROUD COLIDIISSION. Aya: c-:iE Malllal llldlany, VClllliala, w--. ....... w...,..,w ........... Nays : Noa (b) COONaL 11D1•a 11A'IIL\WAY IIOVD, AN9 IT WAS acoN9D. TO ACCEPTWITll aGUT~ Dan UTTDOl'llalGNA110N IIIOIITIIE rNGUWOOEt IIOOSING AU liiOIWn'. A.ya: ~ Mrallell llldawlly, v....., W..., llil ·t, w...,..,w ........... Nays : Noa 9. ....ilearia& No public .-iq _ ............ c-:il. 10. C.....A..- COUNCIL MUlaD IIAKNICIIT MOYD, AN9 IT WAS acoNNa, TO AftllOW 'ID CONSENT AGENDA. (a) AP.ll'IM oe ,..,. .__, (i) COUNCJL BDJ. NO. 7, INTIIODUCED BY <XJUNCIL MPMB1!R ' I . • 0 , • Eqkwwl City Cwil Pe1Jnaary27,1"5 ... , • • A BD.J.. FOR AN ORDINANCE CONl'1RMING 1HA T 1111.E I, atAP11!1l 5, SECTION I, OF 11IE ENGLEWOOD MUNlaPAL CODE 1915, IS UNOIANGED RID.A11NG ro COUNCIL DISl1UCTS Wl11UN 11IE CITY OF ENGLEWOOD, COLORADO. (ii) COKDtACT WrI11 DE LEUW CA1111!1l AND COMPANY IN AN AMOUNI' NOT TO EXCEED Sl20,000.00 FOR DESIGN OF 11E DAR1MOUl1I BIKE TRAIL, BELLEVIEW A VENUE SIDEWALKS AND BIIOADWAY SIDEWALKS. (iii) llESOUTl10N NO. 25, SERIES OF 1995 A RESOLUl10N SUPPORTING 11IE ARAPAHOE COUNIY HOUSING AU'l1IORJTY'S FIRST- TIME HOME8UYER. PROGRAM. (i) ORDINANCE NO. 3, SERIES OF 1995 (COUNCIL BD.J.. NO. 2, IN'JllODUCED BY COUNCIL MEMBER HA1HAWAY). ENITl'LED: AN ORDINANCE APPROVING 11IE SALE OF TWO PROPERTIES. WIDOI WERE DEVELOPED FOR 11IE "BUD.DR PROJECT, ON 11E OPEN MARKET. (ii) ORDINANCE NO. 4, SERIES OF 1995 (COUNCIL Bill. NO. 3, IN'JllODUCED BY COUNCll. MEMBER HA1HAWAY), ENITl'LED: AN ORDINANCE AUl1fORIZING AMENDMENT NO. 2, FOR AN EXTENSION OF TIME OF 11IE IN"IElOOVl!RNMENl"AL SUBORANTEE AGRBEMEm'FOR 11E 1993 ARAPAHOE COUNIY COMMUNITY DEVELOPMENT BLOCK GRAHi' PROCaAM ErM!EN 11E ARAPAHOE BOARD OF COUNTY COMMISSIONEltS AND 11E aTY OF ENa.EWOOD IN CIU>ER ro AU.OW FOR 11IE COMPIEm EXPENDmJRE OF FUNDS. A,es: c-:il ._........._,, Va ... w--. llll .... w....-.w ............ Nays : ~ II . Ortf n ca,P I I 11eM...a....._ (a) AppnM oa Finl Ra1i011 (i) Dllpllly Dinalr 0.. plWd. .• 1 ·-fna die DqalW of Safdy Scmoel ID ad&ipl a bill a• onliawe -..liac die Pcaarmaad t t · p Code ID Cllpad die replalony pnMliw oldie Code ...... die .... of ....... widlia die Cily. He ...... wonbd willl ___.. oldie Cllaanller of Ca oe ID addillnn dleir cmcsa, •well• dlClle of pawmbop OMICl'I. Mr. oa-.... *"111PP0111 die pnapaad--,e. The City Clent -Mbd ID nad c-il Bill No. 511J lide: COUNCll. Bll.L NO . 5, DmlODUCED BY COUNCIL MEMBER HABENJOrl' ...... .... .. - ·- I . • 0 • • ., ... City C-' hllnlary 27, 1"5 ..... • • • A BILL FOil AN ORDINANCE AMENDING 1TIU! 5, <JIAP'l1!ll 12, SBCl10N 4, BNGLEWOOD MUNICIPAL <XlDE 1915, BY ltl!l'l!ALING SBCl10N 4 AND ltBBNACl1NG A NEW SECTION 4 RELA11NG 10 PAMBIQICl!U. COUNCIL 111:Nm Mal:llk.Wi IIIOVD,ANa ff WAS acoN9D. iO Al'llliOVE AGUM li"DI II (a) (1)-COUNCIL mu. NO. S. Aym: c-:il MClllllln llldlaway, v......_ Wigim. llllleaaick, W..-,WM a.. Nays: Nae Caacil mlllddle ...... illdic:lllldllla....._ IT Fi Ii 1a.lllTlli¥e1Dpaw t cpiWIDlle naiwdbyc.-:ii• ........... 0--.-'. AllilllMCily ~BIWIIMlllllllll ......... wiUllea&dM .. ...-., ............ wiU .............. meeliltg. aad after appnME. Gfea-cil Bill No. 5 • ... ...... {ii)ad{ii) Cily..._..Clllk,......a+ 1 Ii• IDadapla ...._ 1C111.-ia& die City GIP a£ u••• PM I ) Nale• TIIIBIJ ..,__..., adapla bill far a onbwlenTellillldlePinlDIIIIGf'l'lllll•n.nn., ...... Mr. Clllk.._.dle.._Gfdle Nale. HeapEaaed dill die_.. .-itywlDa~ t 7 Naeeill 111ewa1saa,ooo ... wTlidl DiEEaa O-.. ·11. lac. ......... 40 ...-., ,.._ ID die Cily GfB llFffllllll far 17,200, ..... _,,.._GfS20,000•Afltll•Gfwl,_.. Tlie4 Sil •• I ... Dilaa acqaimsdle'I'nllly ..,........, ..... ..,, •• 1"5 ................... DiEEaa ... .... farS200,000Gf..... • ............ ~ ... City ...................... ... tn.a, iadle--GfS20,000,-,_. ... ,.......,....., .............. ....,_ • ltilillillfllr•,-n. CiJy ...._.a. ............. Si e ..._dlePlntDIIIIIIGf ....... TnllEey Sqaae _. ...,. .. .,. *,. r > Nase. <u> nc._..._._... ...... _. ... .,,.: RPSOU1l10N NO. 26, SPRIBS OP 1"5 A RPSOU1l10N RBS11lUC'IURING 1IE aTY OPl!NOLl!WOOD'S PIIOMESSOllY NOl1! ON 'l1IOU.PY SQUARP. COONaL NPIIJH IIAT&\WAY IIO¥D. AN9 ff WAS 1K'ONN1t. iO Al'l'IIOVE AG&NDA ITDI NO. II (a) (I)-m:IOUJTION NO. J6. SDaS OI' 1"5. Caacil....,_w...,._, . .,..,...... ,...,,. c n a16eCily..., far,itwlte$200,000 .... ,-.. ................. _.,_000 .. ,... Cily ...... Clllk ................. __ JI ...,..,.....,..1Ci111Soapen --llllily1Dpaya8' ... Nale .... ., ............. c-:a ...... w .......... lllllllilrlsteD00.000..: ..... .,.,_.ii _. _ ........ IDsteCily. Mr. a.It .... 011,ifltiil4 til•• 51 llclDc-:M...._• r _,.Kills..,.....,• lfflllllllll. Ta fflllPWC IDcmaaa ......... lly c-:iE ...... Va illl, AdiaaCily ~ S..U- IIMIIII lllll ste ..... ...,_,-viflllllll *0.'1 ..... ao,ooo...,_11Dillaa• med FS .. DiEEaa D ............... ID~a.-,-•-•far• ..-..:.me,-n. I. • 0 , - • 9'1 ... Clly C-8 .....,,27,1995 ... 5 . . • • • Cily ..... a.It nillmDd .... ifc.-il ...... dleCilyc:a ...-l'aldlerlD ........ die City's pGlidaa ...-. die declillias bllace. Mr . ..._,.... .... Jeilll ..... •• .,...., I ial WflwyiadlelilelD lmveiafhe,-.. ... ...,_ .... dleilu __ _.. ... ._...,..._._, ·1y. Ayes: c.c-cil Melallala Hadllway, Voraiaal, Wigial, IIIIN:aiid«, w...-.w .......... Nays: Nae (iii) TIie City Clerk -lllled ID lmd c-:il Bill No. I by tide: COUNCIL BILL NO. 1, INTllODUCB> BY COUNCIL MEMBER HA111AWAY A BILL Rlll AN ORDINANa RB EASING 11IE FIRST DEED OF 11lUST ON TROUBY SQUARE DUE 1011IE RES11lUC'nJRING OF 11E PROMISSOllY NO'l1! Wffll 111E Dill.ON CX>MPANIES, INC. AND 1111! PltOl'OSl!D Rl!DEVl!l.a'MBN OF 11IE SITE. COONCO. MDmD IIA'l'IIAWAY IIOVD, AND ITW.AS SECONDD, TO Al'l'IIOVE AGENDA ITUI ll (I) (II) -COUNCIL IIILL NO. L Ayes: c-il ........ Hadllway, Voraiaal, w-...-. HI 'ck, W41DM1,W ....... e.na Nays: Nae (b) AIIIIIIM • s...s ..... n-__ ......, __ ......,.,......., .......... (SeeA,-la .... 10-C.- Apda.) 12. Geaenl Dk-I (1) Mayar'a Cllaioe Due to die lpCICiaF medillc ... ._ ----- 54 . Clly......, .. ..... ' . , •, I . • 0 I - I a, .... City <:-a .__, 27, 1"5 ... , . . • . ,. • ••••• COUNCIL IIDIMP IIATIIAWAY 110VD. AN9 IT WAI acoN9D. TO CON'l1N1JE TBE STIJ9Y Im IN Alf DK'U'l'IY& salllOlf TO aMllliDA RIIIONDL IIA'nU. 15. •• A,-:. C-......_......,,Va I 1,Wfllia,Hr• Jte .............. ~ Nae COUJIICILMrma llATIIAWAY IIOVDTO ANOUD. nc ............ :11 p.a. ' ' • ' .. I. . 0 l --• • • (. ENGLEWOODCITYCOUNC~ STUDY SESSION MINlTTES FEBRUARY 27, 1995 The Englewood City Council met in Conference Room A at 5:40 p.m. City Council Membets present included Mayor Tom Bums, Mayor Pro Tem Alexandra Habenicht. Council Members Rita Hathaway, Mitch Waldman, Kells Waggoner, Clyde Wiggins, and Alfred Vormittag. City staff members included Acting City Attorney Martin Semple. 1. Executtw Sessk>o Bums called the meeting to order. Vormittag made a motion and Hathaway seconded the motion to move into Executive Session to discuss a peisonnel matter. Council approved. At. 6:10 p.m., City Council moved to the Community Room. 2. Review of FJSCal Year Ending 1994 Fmances Staff in attendance included Fmanc:e Director Frank Gryglewicz and City Manager Doug Clark. Gryglewicz discussed the City's revenues and expenditwes for 1994. He emphasized that the figures were unaudited and subject to adjustment Gryglewicz commented on rewnues and expenditures in constant dollms &om 1984 through 1994 and expenditwes YelSUS the fund balance &om 1984 through projected 1995. He then commented on revenues and expenditures in constant dollars per capita &om 1984 through 1994. Gryglewicz felt that staff had held expenditwes to a minimum in 1994. Also, he dmcussed elastic venus constant doDar revenues and the consumer price index &om 1984 through 1994. Gayglewicz commented on sales tax collections by area and the changing pcm:entages of 1ml rewnues. City Council discussed Area 7 which is outside City limils. City Councl discussed hiring an additional auditor and Gryglewicz raponded that the audio.-has not yet been hired due to the hiring freeze. He discussed revenue and expendilura in constant doDars per capita &om 1984 through 1994. Clark discussed the financial condition of the City and is concerned about aedi>iity with the public, council and staff. He added that projections were lOCI, off and Cinderella City has been wild card for the staff to deal with. Clark would like to work on the capital expenditures budget through the summer and then work on the 1 -·' I I I• • ,.,. • . I . ' ... 2 • 0 I • • • • (. flows. Wiggins inquired if signals are necessary and Waldman added that driveIS will look for other alternatives. Wiggins inquired about time frames and requested flashing to begin at 8:00 p.m. rather than at 10:00 p.m. Esterly commented that flashing lights aiteria should be based upon a minimum number of cars not clock time. Waggoner added that Engle,.vood would have a smaller number of cars if traffic was slower. Vormittag commented on cars tripping lights and Esterly mentioned traffic loops. Habenicht mentioned traffic around schools and Clark discussed benchmarking around schook and standards for liability. Kahm added that Llttleton has no criteria for traffic and Esterly commented on 200 cars vs. 300-400 cars travelling through Englewood. Wiggins suggested that staff look into flashing lights without standards. Bums inquired if staff could conduct comparisons. Waldman requested a breakdown of time and "VOiume. Wiggins suggested that staff look at Littleton's flashing lights. Vorrnittag suggested flashing lights beginning at 9:00 p.m. and Clark suggested leaving the flashing lights at 10:00 p.m. Clark clarified that Council requested information concerning Littleton's policy on flashing lights. Waldman suggested traffic counts for each intersection. Vonnittag inquired if residents are concerned about flashing lights at 9:00 p.m. or 10:00 p.m 4. Study Session Topics Clark discussed City Council's study Sessions. Clark inquired about Council meeting with the various boards and commissions, and if Council would like to continue on the same schedule or meeting with them on an as-needed basis. Council would prefer to meet with the board and commissions when they have an issue or need to meet with City Council. Clark discussed a possible meeting with South Suburban conc:eming Regional Park. Waggoner was concerned about the lights at Regional Park. Habenicht is concerned about the nature area in Belleview Palk and Bums commented on 1he blw path underneath Big Dry Creek. Council did not feel these issues warranted scheduling a meeting with the South Subwban Board of Diredoa even though they were concerns for City Council. s. EURA Membership Council discussed Council's membe!Ship on the Englewood Urban Renewal Authority. Council recommended nominating Vormittag to fiD that vacancy. The motion to nominate Vonnittag wiD be on the next regular agenda. 6 . City Manager's Choice Clark requested continuing the study session to item 6(a) on the regular agenda. 3 ...... ;- • . ... I . • 0 - • y . " · ... • -- stated that they will attempt to relocate the businesses within the project or in the area. Vormitlag inquired about a timeframe and Sulivan clarified that they wil honor the lease agreements. Habenicht inquired about pmking in Phases 1 and 2 . King Soopeis stated that Phase 1 contained 320 spaces. Currently half of those are used regularly and no customeJS use the upper level Habenicht asked about total number of parking spaces after completion of Phase 2 and King Soopeis responded that a total of 360 paddng spaces wiD be available. Waggoner inquired about the mid-block access on Broadway and King Soopem stated that they wiD have sufficient ingress and egress lanes for safety. Bums nquired about parking for Kaufman's and Mr. Dispense responded that the pmking would implOw for Kaufman's Store with the proposed reconfiguration. At. 7:55 p.m., the City Council resumed the regular Council meeting. At. 8:11 p.m., City Council reconvened in Confaenc:e Room A to disam at personnel matter. Acting City Attorney Martin s-.,le dimmed the personnel l matter wllh City Cound. Discussion ensued. At. 8:30 p .m., Waggoner moved and W.. NCIOllded the motion to ad;oum. Councl appmwd. The meeting concluded. 5 ' . . , • .. I. . 0 , - 1. 2. 3. • • t~ . ' • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 27, 1995 Call to order. 17 .: t£; r,, Invocation. IA)~ 7:30 P.M. Pledge of Allegiance. ~ 4. Roll Call. 5. Minutes . tJftrl 'J-0 a. Minutes from the Regu!Ar City Council Meeting d Februaiy 6, 1995. /))~ 6. Scheduled Visitors . (PleMe limit your plelelUtion to ten minutes.) a . ft.": ,1;';'-'--;f t,~ ,~ :~r.'is N,f::.;, t~/:U~::e 5 future d ?·4~,,. -Cou.1Jt,Z"'ltt1J,Jn'1;,;ro 5r1'.IJY S6ss10(.) ?=~5,..,-~~~/A-L--Ctr( ~Dia/tlL-Mf!.l!TIA.)4 ~~~/!!I) 7. Non-Scheduled Visitors . (Due lo 1pee~I meeting mtus, there will be no discussion .) g 8 . Communic.tions, ProclArNtions, ~ Appointments. Uttf'£J~~· ~¥-;r Letter from Bart>.~ °Jls ~~~n~ her resignation from the Clean, Green, and Proud Commission .~ Letter from Bradley Zieg indic.ting his resignation from the Englewood Housing Authority. ~ . 9 . Public Hearing. (Due to special meeting status, there will be no discussion .) »- ,.._ no1r. If you haw• tlalllllly wl ....i _.., .... ....., ,.__, .. Clly.,f , a..aODDJlt ............................... _ ............ ,... ...... . , • •, .. I· • 0 - • • • (. City Council Agenda February 27, 1995 l'age2 a. Approve on First Reading . i. Recommendation from the Department of Financial Services to adopt a bill for an ordinance having to do with redistricting. STAFF SOURCES: Lou Ellis, City Clerk and Frank Gryglewicz, Director of Financial Services. ii. Recommendation from the Department of Public Works to approve a motion awarding a design contract for the Dartmouth Bike Trail, Belleview Avenue sidewalks, and Broadway sidewalks. Staff recommends awarding the bid to Deleuw Cather and Company in an amount not to exceed S 120,000. STAFF SOURCE: Charles Esterly, Director of Public Works. iii. Recommendation from the Department of Community Development to adopt a resolution supporting Arapahoe County Housing Authority's First- Time Home Buyer Program . STAFF SOURCE: Lee Merkel, Director of Community Development. b. Approve on Second Reading. i. Council Bill No. 2, approving the sale of two Project BUILD properties: 2399 W. Warren Avenue and 2975 S. Grant. ii . Council Bill No. 3, authorizing an Intergovernmental Agreement extending the 1993 Community Development Block Grant. 11 . Ordinances, Resolutions, and Motions. r!d-'5 o/fd-?-() a. Approve on First Reading. i. Recommendation from the Department of Safety Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code that relate to the operation of pawnshops, aMt aidefll a l'e:telttli8fl •&ahli,hiflg te. Fela&ive le ,.anfl5"'ep ope11tie11 . STAFF SOURCE: Chris Olson, Deputy Director of Safety Services. ~ ,, - Recommendation from the City Manager to adopt a resolution r~rtJ~.. . Trolley Square. STAFF SOURCE: Doug Clark, City Manager. ~ ~,2~ i i. Off' '7 -0 ii i. e,µtg~f/-0 • Recommendation from the City Manager to adopt a bill for an ordinance 1rHr71 hn~- regard ing Trolley Square . STAFF SOURCE: Doug Clark. City Manager.,. __ 7 ...... .... I • • 0 I ! I~ - • City c-il AlfflCla February 27, 1995 , .. 3 b . Approve on Second Reading. <. • • • ,ff 12. General Discussion. (Due to special meeting status, there will be no discussion.) a . Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. (Due to special meeting status, there will be no discussion.)@' ,,, - 14. City Attomey's Report . (Due to special meeting status, th~ will be no discussion.) U' 'ff'IJ-o ~AIU1Jld-//; W,:,,.,,,:t,J,,~~~~n~DP 115' Adjowa;;:;4''/ p,v ~ The following minutes were transmitted to Council from 02/03/95-02/23/95 : • Englewood Planning and Zoning Commission meeting of January 17, 1995. • Englewood Liquor Licensing Authority meeting of January 4, 1995. • Englewood Housing Authority meeting of December 7, 1994 . • Englewood Planning and Zoning Commission meeting of February 7, 1995 . • Englewood Public Library Board meeting of January 10, 1995 . --- . ' I . . 0 • • • •. ENGLEWOOD CITY COUNCR. &NGUWOOD, AMPARO£ COUNTY, COLORADO I . Cal ti°'*" ne..,...---, afdle Eaglnuod City C-=il wa Cllled ID Older by w.,ar a...• 7 :36 p.m. 2 ......... T1le ilMIC8lion -pen by CouciJ Member Wigim. 3. PWae r1 Allealace ne Pledge af Allegiaace wa led by Ma),11' Burm. 4. RellCall Praenl: CGaadl .._...Hadmway, Waldmaa Wiaia, I.........._ Vonaiaac,Waaaaer,Bmm Ablcnt: Noae A quorum -p,aent. 5 ...... AlloprelClll: City ....... Clllk Allillllll City Alllney llnll1.aa City Oat Ellis DiW ....... Ca I y r-.11111aiapiae1t (a) COUNCD. MDDD IIA'IWAWAY IIOVD. ANa ff WAI..,....., TO Al'PllOVE TIIE MIN11'nS OF TD BGULAa WWWIING OI' MIIIJAllY 16, 1111. A)'CI: CGaadl .._..........,, \Ta 1114 ._..RC I I 4 w......, ............ Nays : Noae 6 . ••• 11 1111 Vllltln Ma),11' Burm ...... la&l'uliw 111P ilti• ad I US I I I ciliaa ..,_.. .._._. ca 'llions . COUNCR. M&MaD IIATBAWAY MOYD, AD ff WAI 11KONaD, TO Al'IIIOft AGENDA IUMS 6 (a) TIIIIOUGB 6 (•) • DIOU1'l10lf NOi. J 'IWWOUGII U, 811111 OI' 1"5. TheraollllioasMreaai ................................. ....... A)'CI : CGaadl ....... .......,. v......, W....., 111111 I .. w.....-.w ....... ... Nays : Noae Modoa carried . ' ..... " - • . I . • 0 • • • 0 , . • Mayor Burm IIOlal Council __. a mival ia &lpwaad • dley receiwd a lat~ applicaliou for the various bouds 111d IXIID!DiMions . O. llellalf' ~Ccwil lie ....... CYayoDC fbr tlleir pllticipalioa. (a) RESOLUl10N NO. 3, SERIES OF 1995 A RESOLtmON APPOINl'ING MARK BARBER TO 11IE BOARD OF ADJUS'JMENT AND APPEALS FOR 11IE CITY OF ENGLEWOOD, COLORADO . Mayor Burm preaented the raolulioa, a lllllill=-aad City piD ID Mark Bllller. (b) RESOLtmON NO. 4, SERIES OF 1995 A RESOLtmON APPOIN'IlNG MARCIA O'BRIEN TO 11IE BOARD OF ADJUSTMENT AND APPEALS FOR 11IE CITY OF ENGLEWOOD, COLORADO. (c) RESOLtmON NO. 5, SERIES OF 1995 A RESOLtmON REAPPOIN'IlNG DONALD SEYMOUR TO 11IE BOARD OF ADJUSTMENT AND APPEALS FOR 11IE CITY OF ENGLEWOOD, COLORADO. Mayor Burm preaented the raolutioa, I catificllc aad City piD IO Dauld ~- (d) RESOLtmON NO . 6, SERIES OF 1995 A RESOLtmON REAPPOIN'IlNG CARL WELICER TO 11IE BOARD OF ADJUSTMElff AND APPEALS FOR 11IE CITY OF ENGLEWOOD, COL<lll~. (e) RESOLtmON NO . 7, SERIES OF 1995 A RESOLtmON APPOIN11NG a.AUDIA DELUDE TO 11IE Cl.BAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COL<lll~. (f) RESOLUl10N NO. I, Sl!ltlES OF 1995 A RESOLtmON APPOIN11NG JAMES FEaGUSON TO 11IE Cl.BAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COi OR..~. (a) RESOLtmON NO . 9, Sl!ltlES OF 1995 A RESOLtmON APPOIN11NG BARBARA HAMMOND TO 11IE Cl.BAN, GREEN AND PllOUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COi Olt4DO. (b) RESOLUl10N NO . 10, Sl!ltlES OF 1995 A RESOLtmON REAPPOIN'I1NG JOSEPH HARNAN TO 11IE Cl.BAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COL<lll~. (i) RESOLtmON NO. II, SERIES OF 1995 A RESOLtmON REAPPOllfflNG PA11UCIA HOWE T0111E Cl.BAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COi OltADO. (J) RESOLUllON NO. 11, Sl!U!S OF 1995 . .... • "' - I . • 0 . ' t , • • • • A RESOLtmON APPODmNO ANN NABHOLZ TO 11E a.EAN, GREEN AND PROUD COMMISSION FOR 11E CJTY OF EtQ.EWOOD, OOI..ORADO. Mayor Banis ....... die ....... a m1ilca ad Cily pia ID Aaa Nlllllolz. (t) RESOW110N NO. 13, SElllES OF 1995 A RESOLl1l10N APPODmNO M'US SCOTT TO 11E a.EAN, GREEN AND PROUD COMMISSION FOR 11E CJTY OF EtG.EWOOD, COLm4DO. (I) RESOLtmONNO. 14, SElllESOF 1995 A RESOLtmON REAPPOINTING BETIY WILSON TO 11E ELEC'l10N COMMISSION FOR 11E CJTY OF ENGLEWOOD, COLORADO. (m) RESOLtmON NO. 15, SERIES OF 1995 A RESOLtmON APPOINTING BILLY DOUGLAS TO 11E PLANNING AND ZONING COMMISSION FOR 11E CITY OF ENGLEWOOD, COUlll.~. Mayor Banis pracDted die saolulioll, a m1ilca and City pia ID Billy DOll&IM- (n) RESOLtmON NO. 16, SElllES OF 1995 A RESOLUTION APPOINTING WESLEY HORNER TO 11E PLANNING AND 7.0NING COMMISSION FOR 11E CITY OF ENGLEWOOD, COLORADO. Mayor Banis ....... die...._, a m1ilca • City pia ID Waley Haner. (o) RESOLUTION NO. 17, SElllESOF 1995 A RESOLUTION REAPPOINTING HELENE TOBIN TO 11E PLANNING AND ZONING COMMISSION FOR 11E CJTYOF~. COUlll.~. (p) RESOLUTION NO. 11, SElllES OF 1995 A RESOLU'JlON APPODmNO FIELDING Cl.AYTON TO 11E PUBLIC LllllAllY BOAltD FOR 11E CITY OF ENGLEWOOD, COLORADO. (q) RESOLU'JlON NO. 19, SElllES OF 1995 A RESOLUTION APPODmNO SANDRA OS11!MA TO 11E PUBLIC LIBRARY BOARD FOR 11E CITY OF ENGLEWOOD, COLORADO. Mayor Bums praenled die saolulioll, a m1ilca ad Cily pia ID Sadia Ollllaa. (r) RESOLUTION NO. 20, SElllES Of 1995 A RESOLtmON APPOINTING SONDRA SMmlERS TO 11E PUBUC LIBRAllY BOARD FOR 11E CITY OF ENGLEWOOD, COi ORADO. (1) RESOLU'JlON NO. 21, SElllES Of 1995 A RESOLU'JlON APPODmNO DEBBY STlltN TO 11E P\IILIC LlllltAllY BOAID FOR 11E CJTY OF ENOLEWOOO, COi OltADO. •• ..... . , I I I• • '" ... I· • 0 '32xl - • • Eaalewood City C-U Febr11ary 6, 199S ..... • 0 - Mayor Bums prCICllted tbc raolution, • certiflcltc 111d City pin to Dellby Slim. (t) RESOLUl'ION NO. 22, SERIES OF 1995 A RESOLUl'ION APPOIN11NG DON GRAEBNER TO 1HE URBAN RENEWAL AUIHORrrY FOR 1HE COY OF ENGLEWOOD, COLORADO. (u) RESOLUl'ION NO. 23, SERIES OF 1995 A RESOLUl'ION APPOUmNG MARY NEUMAN TO 1HE WATER AND SEWEil BOARD FOR 1HE CITY OF ENGLEWOOD, COLORADO. Mayor Bums pramted tbc raolulioll,. ~ .. City pin to Mary,.__ After makina tbc prelClllalioas. Mayor Bums o&red. OIi bcbalf of Council, tllanb llld appncialion to tbc board 111d commission appointees. 8 . (a) coasiclered . 1111 COUNCU.. MEMaER BATBAWAY MOVED, AND ITWAS SECONDD, TO AnllOWA PROCIAMAnON PROCLAIMING TID MON111 OF ftaRUARY 1"5 AS AMEIUCAN HISTORY MONTH. Ayes : Coadl Memllal llldlaway, Vanaialt&, Wialm, llllaic:llt, W...-,,Waldlmn,a.. Nays : Noae Motioll carried. (b) A p,a I rm dedlrilla die wllk bepuliDa Felnlry 5, 1995 dlraap Fllllwy 11, 1995 • Nlli..r e.ra A-Week Ml ODalidered. COUNCD. IIIDDD BA1'BAWAY MOVED, AND IT WAS SECONDD, TO AnllOWA noc:LAMA110N PIIOCLADIING T1D WUK UGINNING naalJARY 5, 1"5 fllaOUGB naRIJARY 11, 1"5 AS NA110NAL 91111N AWABNDS WDK. Ayes: c:a.al Memllal llllllaway, V ........ W--. lfllllaic:III. w.....-.w .......... Nays : Nolle Motioll carried. Mayor Bums prwaled tbc pn,damadon to WIiy Senm Nltic: &hr#m Spec:ialill D,m*. 9 . """61: ...... No public lleuiD& ......... befDre Coadl. 10 . c-c~ . ..,. • ,,,_ I· • 0 . , , 2X • • • t• ·, • COUNCIL MDDll:R BATIIAWAY MOVll:D, AND IT WAS RCONDD, TO Al'PROVII: THE CONSENT AGll:NDA AS PUaLISllll:D. (1) Approve cm Pim Readlllg (i) COUNCll. BILL NO. 3, INI1lOOUCED BY COUNCll. MEMBER HA1HAWAY A BILL FOR AN ORDINANCE AtmlORIZINO AMENDMENI' NO . 2, FOR AN EXTENSION OF TIME OF 11IE IN'IEROOVERNMENTAL SUBGRAN1'EE AGREEMElff FOR 11IE 1993 ARAPAHOE COUNTY COMMUNITY DBVELalMENT BLOaC GRANJ' PROGRAM BETWEEN 11IE ARAPAHOE BOARD OF COUNI'Y CXMMISSIONERS AND 11IE CITY OF l!NGLEWOOD IN ORDER TO ALLOW FOR 11IE COMPLE'J1: EXPENDITURE OF FUNDS . (ii) COUNCIL BILL NO. 2, INTRODUCED BY COUNcn. MEMBER HAllfAWAY A BW. FOR AN ORDINANCE ~YING 'DIE SALE OF 1WO PROPERTIES, WIDOI WERE DEVELOPED FOR 11IE MBun.o· PROJECT, ON 11IE OPEN MARKET. (iii) COl!n'RACT WITH KAHN CONS11lUCl10N IN 11IE AMOUNT OF $24,116.00, FOR CONS11lUCJ10N OF ADA IMPIIOVEMENl'S FOR 'DIE CITY HAU. SOUl1I ENTRANCE VESTIBULE . (b) Appn,ve OIi Seccl8d Readilla (i) ORDINANCE NO. 2. SERIES OF 199411995 (COUNCIL BUJ. NO. 61 , nmtODUCED BY COUNCIL MEMBER HAllfAWAY). EN'ITIU!D: AN ORDINANCE AMENDING Tl'J'LE 16, CJIAP'l1!ll 4, OF 11IE ENOLEWOOO MUNJaPAL CODE, 1915, ADDRESSING ACCESSORY STllUC'l'UltES. Ayes: Cwil ...... llldlnay.V ....... W .... 111111 19-, w..,.,.w ...... .... Nays : NOiie II. O......_,B111tdw•llldw (1) Appn,ve 1111 Pim Rladiq Tberc WCR DO addilionll ilCIIII IUbmiaed for appnwal OIi ftnl ....... (Sic A,-.la bem 10 • C- Apnda.) (b) Appn,ve OIi Secaad ...... Tberc wac no additmal illml ....... for lflll9Vll • ammd .....,_ (Sec A,-.la ._ 10. Comcat Aaaida -) 12 . Gwnl DIie llh (I) Mlyor'IOloa ..... .. .. I . • 0 . , , r l;. 's2xl • ( I ... -.- I ~ (.,) N l • . ) i~ s,~ ~ ~ a1s ;a 11 ~ ~ gl ~>> m ~ ,1~ 111~ 11f I 11 1· ~ e i 1·1 1· I i ~ ! ~ ( I ii .. i !1 JI' 1 l ~E~ :'' l ia it :• ~ itlf !y it ~t Ii !f~ !! ,~~ '! I ! i ,ti f . 111 .. I f f EI· 1'. ] J ~ I § $ ' I 1) l t r g · · f JI i 11 I · ff B & i ffl f 'J · · s l I It • r i ~ =I [ 1 1 r '=I I g I I .,s I I ~!~2 E Ji ~11 ffllj 'I ~,, , II I J!!fi I ,· J!B ea I I I J ij I iii! } ti r'! l•i ;! ];1 I !E 11~11 i f,.1 I I nl1 tJ JII~ l IJ ~ B ~ ~, J· iJ r ~ ~ • ffl~ , • • • 0 -. r ,• I . . . # ... ' lt ' . '\ I • • • .. 4. He ...a 11c1111i... a .._...._al~dleC-Semclcllcmd lDallllria& Olllcer type al,......_. Mr. WialM allrllll if City M-,. Clark ii loaldlli illD dill c:lllap. Cit)'....._. an__. lie ii ODlllarilll willl Acliltl Cit)' A111ney 5e11p1e _. .... die'-. t11at it would reqilire a Cllaner dlap ad 11111 llc wiD lie llrilailll die ialC ID c.-:il, llaplfiaDy willliD die DCXl 30 days. (iii} Coucil Mllllller lld . ck: I. Slleappriled Coucil all-.dl.-d• dleOIMram Olw*s..lil. i.e. llailedad Cllllballed p,wllt iD die S... Ml. lllllaidlt __.die ........ alihMlfJial B -nmmt·, apec:ific p,wllt --ad panidpldDa iD die..-. Coullcil Member Hadlaway felt die ilaie .... lie...._. for a 111111)' lllliaa ia MardL DilCUllioD cmued. 2. SIIC llatOII lhc *8dDd die GIL LeplllM Wolbbap ad tbc GIL Policy Cua-- meclinp. Ms. Habenidll cliacuad varicm laa dial were addnaDd. (iv) Coucil Mmller W....-,: I . He ........ u .... die --aldle pl9llllty • Floyd ad Donilll, •well• die.._ al. propDIDd ordillllDce wlaic:la ....... die Cily a.. ...... dlil .... al---.... 2. He ...a 11111 .. ._ ...._. dleywm llllllllelDIIIII die wllilelnl:k • Floyd ad Race, nidl llclllllllCIMdcoaphi• ..................... Mr. w..-... illlll ... dlere. dolllll lial ............ .., ... ___ .... CIIICI. ••••• COUNCIL MUDD BATIIAWAY IIOVD.AD ff WAI 8COl9D, IOll CffY COUNCIL TO GO INTO mctrnVS SUIION DIIIDMDLY IOI.LOWING 'ID ll&GULAa COUNCIL IIDTING TO DISCIIII IIO'l1I A RNMNG DAL aTAD DANSACIION AND PENDING lfflGATION. Ayes: c-:il ....._. llldlaway, VGlllillal, WiaiM, Hlllaliclll, w..-.w ............ Nays : Nca 13 . O,Maaaaer'• ...... City Ma-., Clark did Diil liaYC ay-.S ID llriat 11111n c-dl. 14 . C'llJ MllneJ'• ...... ~ City Aaaney 8-did IIDl lia¥Cay-1Dllriaslllllnc-dl. 15 . ...,.._. COUNCIL MDO&a VOUIITl'AG IIIOV&D TO ANOUIIN. 1'111 ............ • 1:10 p.m. d~d.f14; ~ ..... . ' .. I . • 0 ·. , 1 32 x l ] • • • t• . ' • MEMORANDUM TO: FROM: DATE: Mayor Bums and Members of the City Council DougCwk, City M~ February 23, 1995 SUBJECT: '2/27/95 Scheduled Visitors -King Soopers r 8 a Mr. Russ Dispense, Vice-President of Real Estate, King Soopers, has asked to appear before City Council to discuss Trolley Square. King Soopers has negotiated the purchase of Trolley Square from the current owner and the Federal Deposit Insurance Corporation. The City holds a first lien note against the propeny with a current balance of $488,000. This note was originally issued in the amount of $800,000 at zero percent interest when Trolley Square was first built. The note was in consideration for the sale of a City owned parking lot Trolley Square was built on. As a component of Trolley Square redevelopment, King Soopers has asked the City to reissue the note as a Promissory Note to their parent company, Dillon. In addition, they have requested a $200,000 forgiveness on the $488,000 balance in return for keeping the store open on the site for the next ten years . They will make fony quarterly payments to the City on $288,000. King Soopers desires to expand this store over the next three to five years. They presently lease the store with the lease expiring in 1999. They have indicated a probability of either closing or relocating this store if they cannot expand at the current site. Purchasing the propeny enables them to move forward with their expansion plans as well as ensures their future commitment to this location. I recommend City Council approve this proposal and adopt the resolution and bill for an ordinance scheduled as items 11 a ii and 11 a iii on your agenda. " - . ' • ... I . . 0 \ I ,~ '32 x l February 1, 1995 Thomas Bums, Mayor City of Englewood 3400 South Elati Street Englewood, CO 80110 Dear Mayor Bums: ·, <. • . ,. • FEli CITY MAt,.;,, ~· .. "'-;_:;r , ".r £NGL[,l,OC,ll c:,, It is with deep regret that I need to inform you of my resignation from the Clean, Green and Pr.>ad Commission. I have overextended my commitments and find I need to make some life- !>'tYl.! changes. I have thoroughly enjoyed the 3 years serving on the committee and wish the members well in fulfilling our 1995 goals. I will attempt to find possible candidates for City Council to consider in my stead. Thank you for the wonderful opportunity to be a part of a great team of committed individuals who truly want to make our city a better place to liw:. Sincerely, Barbara Davis .. (, : ~ .. • ·; •• 501 EMt ~ ,._,_. E.,.tewood. Colorado 80110 • 11031 711,,5000 ·-"'"' m - • .. I . . 0 f --. I • • • . -' <. ~w.-y L.2'~ l z..a!'" D~ s, "' - ' ,.. 8 b. ---~~-~~~--···------·---- r ... ,, ·, . ~ .. . . . . -•. . . 11 ·--·' -·------------------------ :1 I , -·-·--····-··1-· ·-··---------··-- ··-·--·---··,·····--· ...... ·······--·-· - i -···--·----·-·-!~;. --·-···----------·---------··------ .. _j •. . . .... • .. I. • 0 I I - • • • Date February 27, 1995 INITIATED BY Election Commission • 0 t~ ·, - COUNCIL COMMUNICATION Agendaltem 10 a-i Subject Reapportiorvnent of City C<UlCil Districts STAFF SOURCE Louailhia A. Ellis, City Clerk/Election Comnission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 20, Series of 1991, was adopted by City C<UlCil on February 19, 1991 . This resolution officially postponed C<UlCil reapportionment until 1990 census data was available and redistriding by State and County was complete . Ordinance No. 6, Series of 1993 was adopted by C<UlCil on February 1, 1993 which established the current Distrid boundaries. RECOMMENDED ACTION The Englewood Charter requires that population and runber rA registered YOterl be reviewed every four years in an effort to equalize each d Englewood's Ccu,cil Distric:la. Addreaing redistricting in 1995 pull redistricting back on ldwdule per Charter. The Colorado Reviled Statutes has • population provision that cue 111w supports, even though the provision ii not made specifically applicable to nu,icipalitia. The guidelines ltip .... that pope llation lhould not va,y in each district more that 5% from the total population divided by the runber d distrids. The Englewood Charter requirN that the runber d regilter9d YOter1 lhould very no more than 15% between the highest and lowest Ccu1cil Oiltrict. The Eledion Commission is charged with reviewing and recomnwiding reapportionment to City Council. The Charter requires that reapportionment be in place 1ix rnonlha prior to the November 7, 1995 General Municipal Election. The Eledion Comminion recommendl that no change be made to the Diltrict bculdariel u the current distriding meets both the population and registered elec:lor aileria a cloNly a circumstances will permit. The City Attorney's office conan. ' .... • .... I . • 0 - • • • . . BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED POPULATION REGISTERED IB..ECTORS (Baled on 1990 Census -(Baed on Arllpllhoe Counly Figures for 29,317) November a. 11M Elecllon) 21,317 + 4 • 7,M7 TOTAL NUTIBER OF REGISTERED 7,M7 • TIE IDEAL ELECTOltll: 11,AI POPULATION FICIUIIE VARIANCE CAI..CI..UTED Dl'FWE IIE1WEDI PIIOII HICIHDT TO LOWDT DISTIIICT: IBTRICT IDEAL 11.1ft -TIIICT I 7771 • I.an. .. -I 7.-t . ...,. .. n • ,_... ....... .. • rv LM7 • IAft ... llll Population -District I is .87% over mainun (appi aximltely 64 voters) District rv is .44% I.S1der' mininun (approxlmalely 33 voters) The only way to modify the District lines to meet the pap llation aiteria exactly would be to split a County precinct line between City Distric:ls which will prove to be dell imenta1 to bolh the City and Cowlly. Registered Electors • meell the aiteria. FINANCIAL IMPACT - There is no financial impact foreseen as a result cf this rec:ammendation. UST OF ATTACHMENTS Memorandun dated Febnay 14, 1995 from ComnUllly Deli1lap1n111t Plannk,g Adrnwlilblltoi Stitt. • • ------------- '' .. I. . 0 - • • . ,~ - .. ~ORANDUM TO: FROM: DATE: Lou Ellis, City Cleric, Harold J . Stitt, Planning~ February 14, 1995 RE: 1995 Redistricting I have completed my review of the population counts of each of the City's twelve election precincts based on the final 1990 Census information. When compared with the information that you provided me for the 1993 redistricting there are some discrepancies. It is my understanding that these dift'erences may be due to the County redistricting that took place several yean ago . In any event, I feel comfonable recommending that the current precinct and district boundaries not be changed even though the letter of the law may not be met in terms of the five percent variance from the ideal district size. I recommend not changing district boundaries for the following reasons : 1. The number of persons needed to balance Districts I and IV are so small ,64 and 33 persons respectively, and the precinct size so comparatively large, that simply shifting precincts from one district to another would likely result in an imbalance in the other districts. 2 . The districts could be brought into conCormuce if the precincts were split rather than shifted. This, however, creata the potenri.11 for confusion for the voters if they are required vote It more than one loc:ltion when County and City issues are on the ballot. In conclusion, I believe that a strong cue can be made that the cumat precinct and district boundaries meet the spirit of the law and cban&ml the diltrids creata no ra1 benefit and may, in fact, complicate the voting procedure for many citizens . Attached to this memorandum is a summary of the precinct 111d diatric:t population counts including an analysis of the variance of each of the districts from the five percent threshold. ' ' . . .. I . . 0 ' I I;. '32xl • I n m IV C Total • . ,~ •, • .. City of Enpewood Election Preciacts Coaaty Preciacts 101 City Pncinctl 104, 10S, 109 2 106, 107, 110 3 108,114 4 111, 113, 401 S 112 6 llS, 117 402, <403 407,408 7 8 9 116, 118, 121 10 122, 123, 411 11 120,124 12 1,290 3,367 3,121 2,754 338S 1,242 2,377 2,SOS 2,399 2,876 2,214 1,857 7771 7381 7 81 6 7 29317 Variance from tioD Ideal District • +o .8'79/e 0.()% 0.0-/e -0.44% • The Ideal District populalioa ii defined u that IUllber' daiwd by clividiDa tbe total City population by the IIUDlber of election diltrictl. Each diltrict may vary no more that +/-5% from the ideal Bued on the 1990 population of29,387, the ideal dillrict would be 7,347 ad the 5% variance would result in a diltric:t ranae of no lea dlln 6,980 penom nor more than 7,714 persons per district . ..... . ' I . . 0 '32xl • • • • •. ~ORANDUM TO: FROM: DATE: Lou Ellis, City Clerk, Harold J. Stitt, Planning AdmirnstratdfZ.}J .J February 14, 1995 RE: 1995 lledistricting I have completed my reYiew of the populllion COUlltl of each of the City's twelve election precincts bued on the final 1990 Census inmrmatioa. When c:ompared with the information that you provided me for the 1993 redistricting there are IC>llle dilcrepancies. It is my understanding that these di1ferences may be due to the County redistricting that took place several years ago . In any event, I feel comfortable recommending that the current precinct and district boundaries not be changed even though the letter of the law may not be met in terms of the five percent variance from the ideal district size. I recommend not changing district boundaries for the following reasons: l. The munber of persons needed to balance Diltric:ts I and IV are so small ,64 and 33 persons respectively, and the precinct size so comparatively large, that simply shitting precincts from one district to IIIOtber would likely result in ui imbalance in the other districts. 2. The districts could be broupt into conformance if the precincts were aplit rather than shifted . Thia, howwver, c:mta the potmlill &w oonfinion &,r the voters if they are required vote It more tbm one loclliGa when County and City illues are on the blDot. In conclusion, I believe that a lUOltg cue CID be made dllt the mrreat precincc and diltrict boundaries meet the spirit of the law and chnpla the dillrictl ~ no 11111 benefit and may, in fact, compliclle the voting procedure for many citizms. Attached to this memorandum is a summary of the precinct and dillrict populalion counts including an analysis of the variance of each of the districts from the he pen:ent threshold. ' ... ...... . ' .. ... I . . 0 \ l' I • ORDINANCE NO. __ SERIES OF 1995 • • • .. ... BY AUTHORITY A BILL FOR r QOI.INOIL BILL NO. 7 lffllD:at> BYCOUCL IIIB&R ______ _ ,,, - AN ORDINANCE CONFIRMING THAT TITLE 1, CHAPTERS. SECTION 1, Of Tl£ ENGI.EWOOO MUNICIPAL CODE 1985, IS UNCHANGED RELATING TO COUNCIL DISTRICTS WITHIN THE aTVCJF,EJG.EY«XX>,ca.oRADO. WHEREAS, pursuant to Article Ill, Section 20, of the Englewood Home Rule Charter, the four Council Districts established shall be contiguous and compact and have approximately the same number of registered voters and every lour years Council shall make such divisions, changes and consolidations necessary to carry out the intent of Article Ill of the Home Rule Charter; and WHEREAS, current districting meets the registered elector criteria as, calculated highest to lowest, there is a 13.55% differential; and WHEREAS. pursuant to population requirements established by Colorado Revised Statutes, Constitution of Colorado Article V, Section 46, and case law, the current districting meets the population criteria as closely as circumstances will permit (District I is .87% over the maximum and District IV is .44% under the minimum); and WHEREAS, the Election Commission of the City of Englewood recommends that no change be made to the District boundaries as the current districting, substantially, meets both the population and registered elector criteria; and WHEREAS, the Englewood City Council hereby confirms that Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 1985 shall remain unchanged; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIJ,JCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1 . The City Council of the City of Englewood, Colorado hereby affirms that Title 1, Chapter 5, Section 1, Englewood Municipal Code 1985, is hereby confirmed to remain the same as follows: 1-5· 1: COUNCIL DISTRICTS: A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe . Council District No. 1: Council District No. 1 shall include and be comprised of an that portion of the City lying northerly of the following described line: Beginning at the intersection of the center line of West Hampden Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd Avenue to the intersection at South Gilpin Street; thence northerly along the center line of ' .... . ' .. I . • 0 I • ORDINANCE NO. __ SERIES OF 1995 • • - <, BY AUTHORITY ABILL FOR COUNCIL BILL NO. 7 RT'FfOflJc:ED BY COlNCIL IOElliER _____ _ AN ORDINANCE CONFIRMING THAT TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985, IS UNCHANGED RELATING TO COUNCIL DISTRICTS WITHIN THE CITY~ 8'G..EY«XX>,ca.awx>. WHEREAS, pursuant 10 Article Ill, Section 20. of the Englewood Home Rule Charter. the four Council Districts established shall be contiguous and compact and have approximately the same number of registered voters and every four years Council shall make such divisions. changes and consolidations necessary to carry out the intent of Article Ill of the Home Rule Charter: and WHEREAS. current districting meets the registered elector criteria as, calculated highest to lowest, there is a 13.55% differential; and WHEREAS, pursuant to population requirements established by Colorado Revised Statutes, Constitution of Colorado Article V, Section 46, and case law, the current districting meets the population criteria as closely as circumstances will permit (District I is .87% over the maximum and District IV is .44% under the minimum); and WHEREAS, the Election Commission of'the City of Englewood recommends that no change be made to the District boundaries as the current districting, substantially. meets both the population and registered elector criteria; and WHEREAS. the Englewood City Council hereby confirms that Tille 1, Chapter 5. Section 1, of the Englewood Municipal Code 1985 shall remain unchanged; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl.N:IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon ] . The City Council of the City of Englewood, Colorado hereby affirms that Title 1 , Chapter 5, Section 1, Englewood Municipal Code 1985, is hereby confirmed to remain the same as follows: 1-5-1: COUNCIL DISTRICTS: A. Districts Described. Each district is localed in the State of Colorado and the County of Arapahoe . Council District No . 1: Council District No. 1 shall include and be comprised of all that portion of the City lying northerly of the following described line: Beginning at the intersection of the center line of West Hampden Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway: thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd Avenue to the intersection at South Gilpin Street; thence northerly along the center line of ' . ' .. I . • 0 '32xl • Council District No. 2 : Council District No. 3: .. ""' • • • South Gilpin Street to its intersection with the northerly City limit line . Council District No . 2 shall include and be comprised of all that portion of the City bounded by the following described line : Beginning at the intersection of the centerline of Little Dry Creek and the easterly City limit line of Englewood; thence northwesterly along said center line to the intersection at East Kenyon Avenue; thence westerly along the center line of East Kenyon Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at West Lehigh Avenue; thence westerly along the centerline of West Lehigh Avenue to the intersection with the westerly City limit line of Englewood; thence northeasterly along said westerly City limit line to its intersection with the center line at West Hampden Avenue; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd Avenue to the intersection of South Gilpin Street; thence northerly along the center line of South Gilpin Street to its intersection with the northerly City limit line; thence easterly, southerly, and westerly along said City limit line to the intersection with the center line of Little Dry Creek, said point also being the point of beginning. Council District No. 3 shall include and be comprised of all that portion of the City bounded by the following described line : Beginning at the intersection of the center line of Little Dry Creek and the easterly City limit line of Englewood; thence northwesterly along said center line to the intersection at East Kenyon Avenue; thence westerly along the center line of East Kenyon Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at West Lehigh Avenue; thence westerly along the center line of West Lehigh Avenue to the intersection with the westerly City limit line of Englewood. thence southwesterly along said westerly City limit line to its intersection with the center line at West Oxford Avenue; thence easterly along said center line of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the center line of West Stanford Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue; thence easterly along the center line of East Belleview Avenue to its intersection with the southerly City limit line; thence easterly and northerly along said City limit line to the intersection with the center line of Little Dry Creek. said point also being the point of beginning . ..... • . - I . • 0 '32xl • Council District No . 4 : • • ,., • <' Council District No . 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line : Beginning at the intersection of the center line of West Oxford Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue ; thence easterly along the center line of West Stanford Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue ; thence easterly along the centerline of East Belleview Avenue to its intersection with the southerly City limit line . B . Equivalent Size. The City Council finds, determines and declares that the four (4) districts, as hereinabove established, contain an approximately similar number of citizens as determined by the 1990 Census figures (District I is .87% over the maximum and District IV is .44% under the minimum). The districts contain a similar number of registered voters as determined by the number of registered voters at the last General Municipal election and the variance between the district with the highest number of registered voters and the district with the lowest number of registered voters is not in excess of fifteen percent (15%). C. Annexations . All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City . Introduced, read in full, and passed on first reading on the 27th day of February, 1995 . Published as a Bill for an Ordinance on the 2nd day of March, 1995. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full, and passed on first reading on the 27th day of February, 1995. Loucrishia A . Ellis ...... ... I • • 0 ·. , '32xl • • 0 I• • COUNCIL COMMUNICATION Date February 27, 1995 INITIATED BY Department of Public Works Agenda Item 10 a-ii COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Subject Contract for Design of ISTEA Projects Charles Es1er1y, Director of Public Works Ordinance Numbers 16, 19, and 20, series of 1994, approved c:ontrads with COOT for the cost of design services. RECOMMENDED ACTION Staff recommends award, bf malDn, of a dlligrl conlrad IO Dluuw C... and Company in an amount not to UCNd $120,000 for d8llgn of the Dar1moull Ilk. Tral, ...._ Avenue lldNalta and Broadway lidewalka . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Denver Regional Council of Governments (DRCOG) approved these three enhancement projects for funding through the lntermodal Surface Tra111portallon Etllclency At!. (ISTEA). Council l)f9Yioully approved contracts with the Colorado Depar1ment of Transportation (COOT) to participate in the COit of design . Our contract with COOT requires the City to hire a consultant who has been prequalitied by the State for design services meeting Federal and State standards. Deleuw C8lher and Company was selectlld a the best qualified from among the nineteen firms submitting proposals. Design and construction of these projects ... scheduled for 1995. Contrac::ts with COOT to par1icipata in the COit of construction will be brought to City Council in May, 1995 . FINANCIAL IMPACT Nineteen proposals were submitted for prol'9uional design of these projects. State and Federal policy require that proposals for professional services be evalua1lad baled on quallllcatlonl only . The 1ile propoul from DeLeuw Cather and Company has been l'9Yiewed by Englewood and COOT, and ii reaonable. • 1994 PIF budget available for design services • Estimated total cost of design urvicN per Deleuw C8lher proposal • Englewood's 20% match (20% of 1120,000) • Reimbursable to Englewoad through COOT (80% of $120,000) Will be returned to PIF balance upon completion of delign phase. UST OF ATTACHMENTS Contract .... $122,500 $120,000 S 24,000 S 98,000 . , .. - • I . • 0 '32xl • • 0 I • - CONTRACT FOR PROFESSIONAte SERVICES CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 27th day of fehrua;cy, 19JS, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City•, party of the first part, and PeLeuy Cather and company, hereinafter referred to as the •consultant•, party of the second part . WITNBSSETH, c~cing on the ~ day of September, 19!l.i, and continuing for at least ten (10) days thereafter the City advertised that proposals would be received for professional design services for the following: PROJECT: PMDRIJ'l".R l±P TD:tL, III:! IYIII SIPIIII:18, UQIPDX PIPIITIIIM JAIIJPTI WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the City Engineer to the Mayor and City Council with a reconnendation that a contract for said work be awarded to the above named Consultant, and WHEREAS, pursuant to said recoanendation the Contract has been awarded to the above named Consultant by the Mayor and City Council and said Consultant is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained are subject to the terms hereinafter stated: A. Contrast PAnarnent•: It is agreed by the partiH hereto that the. following list of instruments, drawings and ~ts which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: Advertisement Proposal Contract (this instrument) Plans and Drawings Scope of Services (attached) Colorado Department of Transportation Contracts with Englewood ·• -....... •, I • • 0 . , • • 0 , . ·, • B. City Obligations/Confidentiality : The City shall provide Consultant with reports and such other data as may be available to the City and reasonably required by Consultant to perform hereunder. No project information sh&ll be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such disclosure. All documents provided by the City to Consultant shall be returned to the City. Consultant is authorized by the City to retain copies of such data and materials at Consultant's expense . c . scope of serficu: The Consultant agrees to and sh&ll furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in attached Scope of Services. D. Indemnification: The Consultant agrees to indemnify and hold h&rmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner connected with the work to be performed under this Agreement , if such injury, loss, or damage is caused in whole or in part by the negligent act of omission, error, professional error, mistake, accident, or other fault of the Consultant, any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant . The obligations of this Section D. sh&ll not apply to damages which the city shall become liable by final judgment to pay a third party as the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of the City of Englewood. E. Terma of Performance: The consultant agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to coaaence work by the Director of Public Works and agrees to fully complete said work within the time frame detailed in the attached scope of Services, plus such extension or extensions of time as may be granted by the Director of Public Works and the Colorado Department of Transportation. F. ewnenbip of work Product: Cpon pa)la*lt to Consultant pursuant to this Agreement, all work, data, drawings, designs, plans, reports, computer programs (non-proprietary) , computer input and output, analyses, maps, or any other materials developed for this project are and shall be the sole and exclusive property of the City. However, any reuse of the do~ts by the City without prior written authorization by Consultant other than for the specific intended purpose of this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it h&s retained during which time the City may take physical possession of same at the storage site. G. Term• of PaJIIPCnt: The City agrees to pay the Consultant for the performance of all the work required under this contract, and the Consultant agrees to accept as his full and only COlll)en&&tion therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the consultant's fee schedule hereto attached and made a part hereof, the total cost thereof not to exceed One-hundred Tw1ntv-tbou11nd dollar• ($129 909). ·• -•• •. ... I • • 0 .. , • • • • • - H. Appropriation of Fund•: At present, $12Q ooo has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available. The City shall immediately notify PeLeuw CAtber or its assignee of such occurrence in tbe event of such termination . All work accomplished by the consultant prior to the date of such termination shall be recorded and tangible work doc:uu.nts shall be transferred to and become the sole property of the City prior to payment for services rendered. I. Contract Bjndjp;: It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto, their heirs, executors, administrators, assigns , and successors. J. LAWI to be Qb•e;:,red: The consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws, ordinances , regulations, and decrees, and shall protect and indemnify the City against any claim or liability arising solely from or based solely on the violations of any such law, ordinance, regulation, order or decree, whether by itself, its subconsultants, agents or employees. K. Teminatign &PCS &eeisneent g( COPtrast: The conaultant warrant• that it has not employed or retained any company or person, other than a bona fide employee 'IIIOrking solely for it, to solicit or secure this contract, and that it has not paid nor a~ to pay any company or person, other than boa& fide 911111loyees workuig solely for the consultant, any f-. coasission, percentage, brokerage f-. gifts, or any other conaideration, contiDgent upo11 or resultuig from the award or making of this contract. Por breach or violation of this warranty, the City will have the right to annul this ccmtract witbout liability, or , in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee , coanission, percentage, brokerage f-. gift, or contuigent fee . It is the intent hereunder to ••cur• the personal services of the consultant, in manner aforesaid , and this contract shall not be assigned, sublet or transferred without the conaent, in writuig of the City . L . Ciyil Ri;bt•: In compliance witb Title VI of the Civil Rights Act qf 1964 and with Section l62(a) of the Federal Aid Highway Act of 1973, the consultant, for itself, its assignees and successors in interest, agree as follows: l. Coarpliance with Regulations. The consultant shall c011ply with the Regulations of the Departaent of Transportation relative to nondiscri mination in federally-assisted progr ... of the Department -•• ' "' - . , I I I• . ,. I • • 0 • • ,. - 0 t• • • of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations•), which are herein incorporated by reference and made a part of this contract. 2. ,Vond.i.scrimi.::ac.:.on. The consultant, with regard to the work performed by it after award and prior to completion of the contract work, shall noc discriminate on the grounds of race, color, sex, mental or physical handicap or national origin in the selection and retention of su.bconsultants, including procurements of materials and leases of equipment. The consultant shall not parcicipace either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 3. Solicicacions tor Su.bconcraces, Includ.i.n~ Procurements ot Macer.:.als and Equipmenc. In all solicitations either by competitive bidding or negotiation made by the consultant for work co be perfor.ned under a subcontract, including procurements of materials or equipment, each potential su.bconsultant or supplier shall be notified by the consultant of the consultant's obligations under t!us contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, mental or physical handicap or national origin. 4 . In!o:rmacion and Reporcs. The consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall perfflit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City, State or che FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the consultant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the City, State or the FHWA as appropriate, and shall set forth what efforts b&ve been made to obtain the information. 5. Sanctions tor Noncompliance. In the event of the consultant's noncompliance with the nondiscrimination provisions of this contract, the City or State will impcse such contract sanctions as it or the FBWA may determine to be appropriate, including, but not limited to: a. Withhol~ of pa~t• to the consultant under the contract until the consultant compliH, &ZJJJ./or; b . Cancellation, termination or suapen.sion of the contract, in whole or in part. 6. Incor;:,oraeion o! Provisions. The consultant shall include the provisions of Paragrapha l through 5 in every aubc:antract, including procurements of materials &ZJJJ. leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The consultant shall take such action with respect to any subcontract or procurement as the City, State or the FHWA may direct as a means of enforcizllJ such provisions including sanctions for noncompliance; provided, bow9ver, that in the event the consultant beccaea inYOlY9d in, or is threatenad with, litigation with a subc:onaultant or 511pplier as a result o!• such direction, the consultant .. y requeat the City to enter into such litigation to protect the interests of the City and, in addition, the consultant .. Y requeat l'IIIG. to enter into such litigation to protect the interests of the Cl:lited States. . , •. I • • 0 • lfl - • • <, M. Iaspectisn, RcxieYI and lnd1 ti: Du.ring all phu•• or the vork and serrices to be provided hereWlder Che consulc.zit agrees to establish a working office at a place agreeable to the City, State and PBWA and permit duly aul:hcrized agents and e11ployees of Che City, State, Che FHWA and of other agencies of the Federal aov.rm.nt to enter Che consultant'• office• for Che purpose of inapectiona, reviewa and audit• during normal working hours. bviewa may also be acccmpliahed at meetings Chat are arr&Dg'ed at mutually agreeable time• and place•. Consultant and it• sul:lconaultanta sball maintain all books, document•, papers, accounting records and other evidence pertaining to coat incurred and shall make such material• available at their respective offices at all reaao:aable times during the contract period and for three years !rem Che date of final payment lmder Che contract, for inspection by the City, State, FllWA or any autllorized repreaentatives of the Federal Govenment and copies thereof shall be furniahed if requuted. N. PiaPYtOI: Except aa othervi.ae provided in Chis contract, any dispute concerning a question of fact ariaillg' under Chia contract which ia not diaposed of by agr._t will be decided by Che Public lforka Director of the City of IDIJl.-od. The deciaion of the Public Worka Director will be final and conclusiv. unleaa, within 30 days after the date of receipt of a copy of such written decision, the consultant mails or othervi.ae furnishea to the City a written appeal addreased to the Public Worka Director of the City of IDIJlewood. In connection with any appeal proc:eedillg' under Chia clause, the consultant ahall be afforded an opportwu.ty to be heard and to offer evidence in support of ita appeal. Pending final deciaiC)n of a dispute hereunder, the consultant aball proceed diligently with the performance of the contract in accordance with the Public lforka Director•• decision. The deciaion of the Public Worka Director or hi• duly autllorized repruentati"N for the determination of auch appeal• will be final and conclusiv.. Thia diaputes clause doe• not preclllda consideration of quaationa of law in connection with deciaioaa provided for in Paragraph aboV9. Nothing in Chia contract, =--r, sball be coaatrued u uJti.D9 fiD&l the deciaion of any adminiatrati"N official, repruentati"N, or board on a queation of law. J . ' • . .. I • • 0 , I - • • • <. IN WITNESS WHBR.EOF, the parties have caused the•• present• to be aigned personally or by their duly authorized officer• or agent• and their seals affixed and duly attested the day and year firat above written. This contract ia executed in i countezparta. ATTBST: City Clerk Approved aa to form: C:i.ty Attorney ATl'BST: Secretary bikec:ncr CITY OF BIIGI.BIIOOD by "'Ma_yo ___ r ___________ _ Party of the First Part consultant by ~P-a_rt_y-o""l-tlie.--s""e_c_ond_.....,P_a_rt __ _ .... . ' • . I • • 0 f 32xl • • • • • If),., ,,, USOU1TIONNO._ SERIES OF 1995 A~'Da,...IIIIICIJIINl'YIIDUIINGAU'l'IDUTY'IPIIIST· TIME HOMEBUYER PROORAM. WHEREAS, the Arapahoe County Housing Authority and the Community Development Services Division ha-ve developed a program in an effort to provide affordable housing to stable low and moderate income residents in the City of Englewood, Colorado; and WHEREAS, the Fust-Time Hornebuyer Program utilil.CS HOME Partnership Funds from the United SlaleS Dcpaunenl of Housing and Urban Development; and WHEREAS, the FUil· Tune Hornebuyer Program is administered through the Arapahoe County Housing Authority; and WHEREAS, the program must meet all federal requirements of the HOME Partnership Funds: and WHEREAS, the City Council of the City of Englewood realizes dial HOME Funds will be used as gap financing for homeowners employing other monpge products as their primary source or funding; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. The City Council of the City of Englewood. Colorado supports the Arapahoe County Housing Authority's First-Time Homebuyer Program as an effort to provide affordable housing to stable low and moderate income residents in the City of Englewood, Colorado. ADOPTED AND APPROVED lhis 27th day of February, 1995 . Thomas J. Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clert for the City or Englewood, Colorado. hereby certify die above is a uue copy or Resolution No._, Series of 1995. Loucrishia A. Ellis • .... --... .. I . • 0 •• . . '32xl • • • t• ·, • ~ s-ss mu e:48 ARAP CTY cat SVCS FAX II). 3037944671 P.05 may include accessing existing progrlllll!I such•• l'HA 203(b), 118P. eo.wnity Home Buyer'• Pro9r-, l'BUIC Affordable Gold or the participatia9 lender'• portfolio product. Qualified hoaebuyera will be residents of Arapahoe County (excluding Auxora). Person• who are employed in Arapuio. County aay aleo be el19ible for the prograa, subject to County COlllai•eioaer approval. Participants will have incoae• at or below IOI of th• Denver area median inccae u definad by the u.s. Departaent of Bouein9 and Urban Developaent. All potential applicanta will ccaplete a firat-tiae hoaebuyer COUDHlift9 workabap which will prodde th• wi tb the a kills and tnowledp necHaary to beooae reaponeible Uld infomed boaebu~• and owner•. eounaelin9 will be provided by Colorado Kational uid/or an outaide agency depending on the haaebuyer•a need. Purchaee price limits are $100,000 for exiatincJ unite and $111,600 for newly constxucted units. The progr-will be liaited to ain9le- flllllily homea, condoainimu and tovnllcae unita. It is anticipated that 20-25 boaabuyera will be aerved by tbe program in 1995. The estillated •tart date for the prograa ia late April or early tky 1995. In the event that deaand for thia pro9rea exceeds aYailable funda, a lottery •yata will be Ht up to aid in the •election of participanta. nzum N:lll:NIGII: lllSDJtAIIICZ c::ovsms: All loans whose loan-to-value ratio exceedi Bbl, ind afi iic>i: i'RX low, will be inaured by one of CHJ'A' • approved pri ,rate aortpp inaurance ccapanies vi th the required coverage. DDl .IIDUSDG: The Arapahoe County Bouin9 Authority 1• coamitted to provld!iiij affordable !louain9 cboioee to all peraou reciardleaa of race, color, rel191on, MX, aarit&l atatus, faailiar etatua, national origin, av•, or handicap of the applicant. Arapahoe Coull~ will abide by all equal oppoftaity requnaeDte outlined in 24 • of hderal aegulatiou lCftl) Put 92. !be Arapahoe County llouain9 Authority will alao aarbt laouain,g prograa to tboH peraona wbo are leaet llbly to apply. Puacme leut likely to apply are tboH not of the ... race atld/or ethoicity of the aa:,ority of the naidellta 1A the area in which the ProcJr• operatea. To accoapllah tbia 90&1, the l'lret-Tiae Bcmebuyer ProCJl'• will t,e urketed in areaa of Arapahoe County llhich contain diverse racial and ethnic populationa. 2 -----·· ---····-·---- ,, - .. I . • 0 \ I I:, '32xl • FEB-9-95 TI!U B:47 • 0 , . • ARAP CTY CQM. SVCS FAX NO. 3037944671 ABA»AIIOB COCJll'!I IIOUSDQ ~OIU:H' nRH-'!rDIB BCta:BUm Pa<>GDN .PJtOGIWI srwmr P.04 ~ &IMII: Arapahoe County Bctm First-Tiae Homebuyer Prograa lNl"Ul-illiG MZIK:r: Arapahoe County Housing Authority IOJIPO&i:: The purpose of this program is to increase the opportunities for low-and IDOderate-inoom.e persons to achieve hoae ownership in Arapahoe co.unty. PJtQ1BCr m:saarnm: The Arapahoe Cowity Bowsing Authority ie currently woiilng with Colorado National Mortgage to implement the Fir•t-Tiae Hom.ebuyer Program.. The Program. will operate throughout Arapahoe county (excluding Aurora) • Thia prograa will increase the supply of affordable housing in Arapahoe County through sound and flexible underwriting criteria. The participating lender will originate the firat 110rtgage in a fully amortized 30 year fixed-rate loan. Arapahoe County has secured a $1,389,000 eet-aaide froa the Colorado Housing and Finance Authority (CHFA) froa ita 1995 Recycled l'w\ds Program. The CHl'A funds will be used as first aortgages in the First-Time Hcaebuyer Program.. The Arapahoe County Housing Authority will provide a deferred second mortqage in an UIOUllt up to S14, 999 froa its 1994 and 1995 HCIIE allocation.a from. the o.s. Department of Housing and Urban Development. Thia MCOOd aortgage will be due if the property is sold, transferred, or no lon9er uaed as the primary reaidence. The Arapahoe county BouainQ Authority will dedicate approximately $t00,000 of B<ICE funda toward the program.. Colorado National and the Arapahoe County Housing Authority will wort to develop a prograa wbicb incre&8es home ownership opportunities in the aoat efficient way. The Clll'A funds will allow for rehabilitation of a bouain9 unit under the Federal Housin11 Adainistration (FHA) 203 (t) progr• 9Uidel1nes. The 111A 203 (t) procJraa allows a homebu~r to purcbaH a boae and escrow money at the loan clo1in9 to fund repairs on the stru~re. The homebuyer then utea one payment each aonth llhieb includes the mortgage and the repairs. For those bomebuyers not requiring rehabilitation, alternative financin9 ia being developed. The Arapaha. County Housing Authority ia interested in working 1dth the Hlected lender to develop a program where the hom.ebuyer is required to provide no aore than 31 of the purchase price towards down payment and cloaiDCJ costs. This 1 • - I . • 0 . , I I I • ''! I,. • DATE February 27, 1995 • 0 t• • '· COUNCIL COMMUNICATION AGENDA ITEM 10 a-iii suaJECI' Reloludon Supportina Anpaboe County Houlin& Aulbority'I llome- B,m;r PrpplQl INl11ATED BY: STAii' SOURCE: Comnamity Development Department Lee Mertel, Direclor COUNCIL GOAL AND PREVIOUS COUNCIL ACQON; Re&ional Cooperation and Housin&. No previous Council action. RECOMMENDED ACQQN; Approve a Resolution supportiJI& the Arapahoe County Houlin& Aulbority'1 Flnt-time Home Buyer Proaram. BACKGROUND. ANALYSIS. AND ALJUNADYU IDENTDJEQ; ,- Arapahoe County Houlin& Authority (ACHA) bu developed a fint-lime home buyer proaram for low and moderate income rcsidems of the county (ucludi• Aurora). 1be City ofEnpwood and its residents are included in diil proaram. ACHA bu aec:ured fint IDlll1pp moneys from Colo- rado Houlin& and Fmance Aulhorily. 1be ACHA will provide a deferred IICOGd monpae, in Ill amount up to $14,999 lhal will be due if the property ii 10ld, trwliened, or no loapl' Uled u tbe primary residence. Purcbuc price limits are $100,000 for emdJI& unlll. and $111,600 for new consttuction. 1be Proanm ii acipated to aerw 20 -25 home buyers durina 1995. 1be eati- maled Startin& date is May, 1995. Sec the lllacbed Proaram Swnmary for addldonal information. DNANCIAL IMPACT; None LIST Of AT[ACHMENTS; Re10lution Proan,n Summary • ..... .. , ... I . • 0 - • OIU>INANCE NO._ SERIES OF 1995 • • • BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE SALE OF TWO PROPERTIES, WHICH WERE DEVELOPED FOR THE "BUILD'" PROJECT, ON THE OPEN MARKET. WHEREAS, the Englewood City Council allocated $500,000 from the General Fund for Project BUILD; and WHEREAS, in 1990 the Englewood City Council recommended a program be instituted whereby newly constructed, single-family homes replace seriously dilapidated or obsolete structures or are built on vacant lots; and WHEREAS, the two such developed properties' are ready to be sold to private parties who will secure their own financing, thereby replacing the City funds used and returning them to the BUILD fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tjop 1 Approval is hereby given for the sale of two properties which were developed for Project BUILD. Said properties will be sold to private parties who shall secure their own financing and the City funds, which were used to purchase and develop said properties, shall be returned to the BUILD fund. The sale price is to be the fair market price based on appraisal plus or minus seven percent (7%). Sectjop 2 The following properties to be sold are properties which were developed for Project BUILD : 1. 2399 West Warren Avenue 2 . 2975 South Grant Street The sale of these properties shall require the purchaser to agree by separate document as follows : 1. The purchaser shall be the occupant. 2 . The purchaser shall not own any other residence on the date of transfer of deed to the above properties. 3 . The property may not be rented by the owner during the first three (3) years of ownership. Sectjop 3. The Mayor and the City Clerk are authorized to execute the proper form of deed for the conveyance of these properties pursuant to Section 72 of the Englewood City Charter. Introduced, read in full, and passed on first readin1 on the 6th day of February, 1995. . I • ....... 10 b-1 I • • 0 ·. , - • • • ~. Published as a Bill for an Ordinance on the 9th day of February, 1995. Read by title and passed on final reading on the 27th day of February, 1995. Published by title as Ordinance No ._, Series of 1995, on the 2nd day of March, 1995 . Thomas J. Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and publiahed by title u Ordinance No . _, Series of 1995 . Loucrishia A. Ellis -2- . ' .. I. • 0 '32xl • OBDINANCB NO._ SERIES OF 1995 • • ·, • BY AUTHORITY COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AMENDMENT NO. 2, FOR AN BXTENSION OF TIME OF THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1993 AIIAPAHOB COUNTY COIIIIUNITY DBVELOPMBNT BLOCK GRANT PROGRAM BE'i'W!EN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OP IDIOLBWOOD IN ORDD TO ALLOW POR THE COMPLBTB EXPENDITURE OP FUNDS. WHEREAS, with the passage of Ordinance No. 45, Series of 1993, the Englewood City Council authorized an intergovernmental agreement with Arapahoe County for the 1993 Arapahoe County Community Development Block Grant Program; and WHEREAS, the Agreement contained two projects consisting of a Housing Rehabilitation Loan Program and a Family Self Sufficiency Program to be sponsored by the Englewood Housing Authority; and WHEREAS, the Family Self Sufficiency Program has not fully expended the 1993 allocation by the contract completion date of December 31, 1994; and WHEREAS, the extension of time throuch June 30, 1995, will allow sufficient time to complete the Family Self Sufficiency proeram and the complete expenditure of funds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjop 1. The City Council of the City of Enclewood, Colorado hereby approves Amendment No. 2, to the Subgrantee A,reement for the 1993 County Community Development Block Grant Program with Arapahoe County for an extenaion of time until June 30, 1995. 5ec;t,jgp 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Amendment No. 2, to the Community Development Block Grant Agreement for and on behalf of the City of Englewood, Colorado. Sect,jop 3. The City Manager 1hall be authorized to further extend the Community Development Block Grant Amendment No. 2 to full expend the 1993 allocation. Introduced, read in full, and passed on lint readinc on the 6th day of February, 1995. • I • . , 10 b-11 .., I . • 0 , r I:, '32xl • • • t• · ... • (' Published as a Bill for an Ordinance on the 9th day of February, 1995. Read by title and passed on final reading on the 27th day of February, 1995. Published by title as Ordinance No._, Series of 1995, on the 2nd day of March, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final reading and published by title as Ordinance No . _, Series of 1995. Loucrishia A. Ellis . 2. • ' ,,_ . ' • I . • 0 '32xl .. • • 0 - (. COUNCIL COMMUNICATION Date Agenda Item Subject February 27, 1995 11 a i Pawnshop Ordinance lnhlated By Staff Source Department of Safety Services C.H. Olson, Deputy Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Economic development . Previous Council Action: Title 5, Chapter 12, Section 4, EMC 1985. RECOMMENDED ACTION Reenacting of a new Section 4, Title 5, Chapter 12 of the EMC, that significantly expands the regulatory provisions of the Englewood Municipal Code regarding the operation of pawnshops and related activities within the City, as relates to the needs of the Police Division of the Department of Safety Services. A corresponding resolution establishes the application fee, application amendment fee, annual license fee, transaction fee, and bond for pawnshops located within the City. BACKGROUND. ANALYSIS, AND ALTERNATIVES IDENTIFIED With the increase in the number of pawnshops operating within the City, and the related workload placed on the Police Division due to the administrative requirements of receiving and filing pawnshop receipts, plus the need to adhere to state statutes more closely, a more extensive set of regulatory guidelines is needed in the EMC. Additionally, to offset the cost of the administrative expenses related to this activity, a more realistic level of user fee assessments is necessary. When the initial proposal for a pawnshop ordinance was announced at the 1995 Council budget session, pawnshop owners, with the support of the Greater Englewood Chamber of Commerce, asked for the opportunity to present their concerns and potential alternatives to the ordinance, as proposed . After several meetings between City staff and business representatives, a compromise ordinance and fee schedule was generally agreed on. The ordinance, as presently proposed, is supported by Safety Services staff and the Chamber of Commerce. .. -• . , ... ., I • • 0 I I I~ ORDINANCE NO. __ SERIES OF 1995 • • • .. BY AUI'HORITY ABil.LFOR .. ff ,-,i ( AN ORDINANCE AMBNDINQ 1111.E 5, CHAPl'Bll 12. SECI'ION 4, ENOLBWOOD MUNICIPAL COD& l91S, BY REPEALING SECTION 4 AND REENACJ"INO A NEW SECTION 4 RELATING TO PAWNBROKERS. ' WHEREAS, the City finds, determines and declares d1ll considering the 11111n of the .. wnbroker business and the relationship of such IO business to die municipal welfare and lhe n11adonship lhefflo IO die Cllpendilures required of lhe City and all ocher maaers property IO be considem1 in relalion lhelelo, die claslificllion of such business as a separate type ol business or occupelion requiring lel*ale ftllulalion and fees is reasonable, proper, uniform, nondiscriminalory and necessary for a just and prq,er dis1ribulion of costs for City services; and WHEREAS, a reasonable basis exisls IO distinguish between .. wnbrokcrs and olher typeS of businesses not prohibiled under this ordi111111CC; and WHEREAS, the City of Englewood is using ils police powers IO prolCCl the health, safety and welfare of lhe citiz.ens ol Englewood; and WHEREAS, lhe City of Englewood desires 10 c:oonlinlle its regu1alions wilh die SlalC and ocher meuopolitan communities; NOW, 1liERER>RE, BE IT ORDAINED BY THE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Srcrioo I Tille 5, Chlpler 12, Section 4, En,iewood Municipal Code 1985, is hen:by amended by repealin1 and re-enacting Section 4 dlereol, 11> read• follows: S-12-4: PAWNBROKERS: S-12-4-1 : DEFINITIONS: AS USED IN nus SECTION, 11IE FOU.OWING TERMS SHALL HAVE THE MEANINGS INDICATED. CITY 11IE CITY OF ENGLEWOOD, COLORADO. POLICE DIVISION DIRECTOR CONTRACT FOR PURCHASE .. 11IE POLICE DIVISION OF THE DEPARTMENT OF SAFETY SERVICES POR THE CITY OF ENGLEWOOD. THE DIRECl'OR OF SAFETY SERVICES OR DESIGNEE POR TIIE CITY OF ENGLEWOOD. A COl'mtACT ENTERED INTO BETWEEN A PAWNBROKER AND A CUSTOMER PURSUANT TO WHICH MONEY IS ADVANCED TO THE CUSTOMER BY TIIE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPERTY BY THE CUSTOMER TO TIIE PAWNBROKER ON THE CONDl110N mAT TIIE CUSTOMER, FOR A FIXED PRICE AND WrI1ilN A FIXED PERIOD OF TIME, NOT TO EXCEED NINETY DAYS, HAS TIIE OP110N TO CANCEL 11IE OONnlACT AND RECOVER FROM 11IE PAWNBROKER TIIE TANGIBLE PERSONAL PROPERTY. ..... .. I . • 0 1 32xl • FIXED PRICE FIXED TIME LICENSEE LOCAL LAW ENFORCEMENT AGENCY OPTION PAWNBROKER PERSON PURCHASE TRANSAcnON TANGIBLE PERSONAL PROPERTY • • I• • THE AMOUNT AGREED UPON TO CANCEL A CONTRACT FOR PURCHASE DURING THE OPTION PERIOD . SAID FIXED PRICE SHALL NOT EXCEED: (I) ONE TEN'Jl{ (1/10) OF THE ORIGINAL PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS (SS0.00) OR OVER; OR (2) ONE-FIFI"H (1/S) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLARS (SS0.00). THAT PERIOD OF TIME , NOT TO EXCEED NINETY DAYS, AS SET FORTH IN A CONTRACT FOR PURCHASE. wrrHIN WHICH THE CUSlOMER MAY EXERCISE AN OPTION 10 CANCEL THE CONTRACT FOR PURCHASE . A PERSON WHO HAS THE AUTHORITY TO ENGAGE IN BUSINESS SUBJECT TO THIS CHAPTER . ANY MARSHAL'S OFFICE , POLICE AGENCY, OR SHERIFFS OFFICE WITH JURISDlcnON IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION . THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE BUT DOES NOT HA VE TO BE RESCINDED BY THE CUSTOMER. A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS. THIS SECTION SHALL NOT APPLY TO SECONDHAND DEALERS UNLESS SPECIFICALLY ADOP'raD BY ANOTHER SECTION. ANY INDlVIDUAL. FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, COMPANY, ORGANIZATION, GROUP OR ENTITY OF ANY KIND. THE PURCHASE BY A PAWNBROKER IN THE COURSE OF BUSINESS OR TANGIBLE PERSONAL PROPERTY FOR RESALE, OTHER THAN NEWLY MANUFACTURED TANGIBLE PERSONAL PROPERTY WHICH HAS NOT PREVIOUSLY BEEN SOLD AT RETAIL, WHEN SUCH PURCHASE DOES NOT CONSTITUTE A CONTRACT FOR PURCHASE . ALL PERSONAL PROPERTY 011fER THAN CHOSES IN ACTION, SECURITIES, OR PRINTED EVIDENCES OF INDEBTEDNESS , WHICH PROPERTY 2 ...... • I . • 0 1 32xl • • 0 • IS DEPOSITED WITH OR OTHERWISE AcnJALL Y DELIVERED INTO THE POSSESSION OF A PAWNBROKER IN THE COURSE OF BUSINESS IN CONNEcnON WITH A CONTRACT FOR PURCHASE OR PURCHASE TRANSAcnON. 5-12-4-2 : COMPLIANCE; LICENSE REQUIRED: IT IS UNLAWFUL FOR ANY PERSON lO REGULARLY ENGAGE IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS EXCEPT AS PROVIDED IN AND At.m{ORIZED BY THIS ORDINANCE AND WITHOUT FIRST HAVING OBTAINED AN ANNUALLY RENEW ABLE AND NON- TRANSFERABLE PAWNBROKERS LICENSE ISSUED BY THE CITY . 5-12-4-3 : LICENSING APPLICATION ; FEE: THE CITY OF ENGLEWOOD SHALL ISSUE A LICENSE ACCORDING TO THE REQUIREMENTS OF THIS ORDINANCE . ALL APPLICANTS FOR A PAWNBROKER LICENSE SHALL FILE AN APPLICATION FOR SUCH LICENSE WITH THE LICENSING OFFICER ON FORMS lO BE PROVIDED BY THE CITY OF ENGLEWOOD . THE APPLICATION FOR A LICENSE SHALL CONTAIN THE INFORMATION REQUIRED IN THIS ORDINANCE AND ANY OTHER PERTlNENT INFORMATION REQUIRED BY THE DEPARTMENT OF SAFETY SERVICES . EACH INDIVIDUAL APPLICANT , PARTNER OF A PARTNERSHIP, OFFICER, DIRECTOR AND HOLDER OF TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A CORPORATE APPLICANT , AND ALL MANAGERS, SHALL BE NAMED IN EACH APPLICATION , AND EACH OF THEM SHALL BE PHOTOGRAPHED AND FINGERPRINTED BY THE DEPARTMENT OF SAFETY SERVICES . EACH OF THEM SHALL FURNISH THREE LETTERS OF CHARACTER REFERENCE FROM RESIDENTS OF THE CITY OR THE SURROUNDING METROPOLITAN AREA . EACH INDIVIDUAL APPLICANT, PARTNERSHIP AND CORPORATE APPLICANT SHALL, IN ADDITION, FURNISH AS AN ATTACHMENT TO AND PART OF SUCH APPLICATION EVIDENCE THAT THE PROPOSED ESTABLISHMENT MEETS THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE , PROOF OF APPLICANTS RIGHT TO POSSESSION OF PREMISES WHEREIN THE PAWNBROKER BUSINESS WILL BE CONDUCTED , A FINANCIAL QUESTIONNAIRE, CONSENT TO RELEASE OF FINANCIAL INFORMATION, AND A CURRENT PERSONAL FINANCIAL STATEMENT OR BALANCE SHEET AND INCOME ACCOUNT STATEMENT FOR THE PRECEDING TWELVE-MONTil PERIOD PRIOR TO THE DATE OF THE APPLICATION . EACH CORPORATE APPLICANT SHALL FURNISH EVIDENCE THAT IT IS IN GOOD STANDING UNDER THE STATUTES OF THE STA TE OF COLOl<ADO, OR IN THE CASE OF A FOREIGN CORPORATION , EVIDENCE THAT IT IS CURRENTLY At.m{ORIZED TO DO BUSINESS IN THE STATE OF COLORADO . THE LICENSE ISSUED UNDER THIS ORDINANCE SHALL BE APPLICABLE ONLY FOR THE LOCATION IDENTIFIED IN THE LICENSE APPLICATION . AND ONLY FOR THE OWNER/APPLICANT MAKING THE LICENSE APPLICATION . EACH APPLICANT SHALL PAY A NONREFUNDABLE APPLICATION FEE AT THE TIME OF FILING AN APPLICATION AND AT THE TIME AN AMENDMENT IS MADE TO THE APPLICATION . SUCH FEES SHALL BE DETERMINED BY THE CITY COUNCIL AND SET BY RESOLUTION . 5-12-4 -4: LICENSE FEE: THE CITY FINDS, DETERMINES AND DECLARES THAT CONSIDERI NG THE NATURE OF THE PAWNBROKER BUSINESS AND THE RELATIONSHIP OF SUCH BUSINESS TO THE MUNICIPAL WELFARE . AS WELL AS THE RELATIONSHIP THERETO TO THE EXPENDITURES REQUIRED OF THE CITY AND ALL OTHER MATTERS PROPERLY TO BE CO NSIDERED IN RELATION THE RETO , THE CLASSIFICATION OF SUCH BUSINESS AS A SEPARATE TYPE OF BUSINESS OR OCCUPATION REQUIRING A SEPARATE LICENSE FEE IS REASONABLE , PROPER . UNIFORM, NONDISCRIMINATORY AND NECESSARY FOR A JUST AND PROPER DISTRIBUTION OF COSTS FOR CITY SERVICES . THE CITY HEREBY LE VIES AND ASSESSES FOR EACH YEAR AN ANNUAL CITY PAWNBROKER LICENSE FEE. THE ANNUAL LICENSE FEE FOR PAW NBROKERS SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. SUCH FEE SHALL BE PAY ABLE PRIOR TO THE ISSUANCE OF THE LICENSE. ANY LICENSE ISSUED PURSUANT TO THIS ORDINANCE SHALL EXPIRE ON THE 31ST DAY OF DECEMBER OF EACH YEAR . SUCH LICENSE FEE SHALL BE PRORATED FOR THE CALENDAR YEAR IN WHICH THE PAWNBROKER LICENSE IS FIRST ISSUED . 5-12-4-5 : NON-TRA NSFF.RAIIILITY OF LICENSE: ANY LICENSE ISSUED PURSUANT lO THIS ORDI NANC E SHALL NOT BE TRANSFERABLE . ANY SUCH LICENSE MAY NOT BE . - 3 • ,, - I . • 0 . ' I I , .. • 'r , • • 0 I • • TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING A PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE AS REQUIRED BY E.M.C. 15-12-4-13. 5-12-4-6 : LICENSE RENEWAL: ANNUAL RENEWAL REQUESTS MUST BE FILED WTJH THE LICENSING OFFICER NO LATER THAN TIIE FIRST DAY OF DECEMBER OF EACH CALENDAR YEAR AND SHALL BE MADE UNDER OATH, STA TING TIIAT NO EVENTS HA VE OCCURRED WHICH WOULD RESULT IN A DIFFERENT RESPONSE THAN TIIAT CONTAINED IN THE ORIGINAL APPLICATION OR ANY RENEWAL THEREOF. IF CIRCUMSTANCES HAVE CHANGED, THE APPLICANT MUST STATE WITH PARTICULARITY THE CHANGE, AND RESPOND APPROPRIATELY TO ALL QUESTIONS IN THE APPLICATION FORM. THE REQUEST FOR RENEWAL MUST INCLUDE EVIDENCE OF INSURANCE COVERAGE PER THE REQUIREMENTS OF E.M.C. 5-12-4-8, HEREIN. 5-12-4-7 : BOND REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION. SUCH BOND SHALL BE CONDmONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIREMENTS OF THIS ORDINANCE AND CONDmONED UPON TIIE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH PAWNBROKER. 5-12-4-8 : INSURANCE REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE PAWNBROKER HOLDS BY CONTRACT, IN THE MINIMUM AMOUNT OF ONE-HALF OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR DESTRUCTION. THE APPLICANT MUST PROVIDE THE LICENSING OFFICER PROOF OF SUCH INSURANCE COVERAGE BEFORE A PAWNBROKER LICENSE IS ISSUED. PROOF OF THlS INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR RENEWAL IS FILED WITH THE LICENSING OFFICER. 5-12-4-9: LETIER FROM DIRECTOR OF COMMUNITY DEVELOPMENT REQUIRED: AS A PART OF THE LICENSING PROCESS AND PRIOR TO THE ISSUANCE OF ANY PAWNBROKER LICENSE, THE APPLICANT SHALL OBTAIN AND SUBMIT TO THE LICENSING OFFICER A LETlcR FROM THE COMMUNITY DEVELOPMENT DIRECTOR, OR HIS DESIGNEE, STATING THAT THE ZONING OF THE PROPERTY PERMITS A PAWNBROKER ESTABLISHMENT. 5-12-4-10: INVESTIGATION AND APPROVAL OF APPLICANTS REQUIRED; NON-TRANSFERABILITY: A. UPON RECEIPT OF A PROPERLY COMPLETED APPLICATION, AS DETERMINED BY THE LICENSING OFFICER, TOGETHER WITH ALL INFORMATION REQUIRED IN CONNECTION THEREWITH, ANGERPRINTS AND PHOTOGRAPHS, AND PAYMENT OF THE APPLICATION FEE, THE DEPARTMENT OF SAFETY SERVICES SHALL CONDUCT AN INVESTIGATION OF THE BACKGROUND, EXPERIENCE, CHARACTER AND FINANCIAL RESPONSIBILITY OF EACH INDIVIDUAL APPLICANT, THE PARTNERS OF A PARTNERSHIP, OFFICERS, DIRECTORS AND HOLDERS OF TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A CORPORATE APPLICANT, AND A PROPOSED PAWNBROKER ESTABLISHMENT. B. IF THE DEPARTMENT OF SAFETY SERVICES' BACKGROUND INVESTIGATION CONFIRMS TIIAT THE REQUIREMENTS OF THIS ORDINANCE HAVE BEEN MET AND THAT THE FINANOAL RESPONSIBILITY, EXPERIENCE, CHARACTER AND GENERAL FITNESS OF THE INDIVIDUAL APPLICANT AND OF THE PARTNERS, OFFICERS, DIRECTORS AND/OR HOLDERS OF TEN PERCENT OR MORE OF THE STOCK OF A CORPORATE APPLICANT AND ALL MANAGERS, ARE SUCH AS TO COMMAND THE CONFIDENCE OF THE PUBLIC AND TO WARRANT THE BELIEF TIIAT THE BUSINESS WILL BE LAWFULLY, HONESTLY, AND FAIRLY OPERATED PURSUANT TO THIS ORDINANCE, THE LICENSING OFFICER SHALL ISSUE A PAWNBROKER LICENSE. IF ·• - 4 • I . • 0 . ' I I I,. . '32xl • • ,, - • • THE INVESTIGATION REVEALS TIIAT ANY APPLICANT , PARTNER , OFFICER , DIRECTOR AND/OR HOLDER OF TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A CORPORATE APPLICANT OR ANY OF THE MANAGERS , DOES NOT MEET THESE CRITERIA, THE LICENSING OFFICER WILL DENY THE APPLICANT'S REQUEST FOR A PAWNBROKER LICENSE . C. UPON CONCLUDING AN INVESTIGATION WHICH REVEALS THAT THE APPLICANT'S REQUEST FOR A PAWNBROKER LICENSE MAY BE APPROVED, AND ONCE THE LICENSING OFFICER RECEIVES VERIFICATION THAT THE APPLICANT HAS MET THE BOND AND INSURANCE REQUIREMENTS , AND HAS RECEIVED A COMPLIANCE LETTER FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT, THE LICENSING OFFICER SHALL ISSUE AND DELIVER TO THE APPLICANT A PAWNBROKER LICENSE FOR USE ONLY AT THE PREMISES SPECIFIED IN THE APPLICATION AND ONLY BY THE OWNER/APPLICANT MAKING THIS APPLICATION . IF ANY REQUIREMENTS OF THIS SECTION HAVE NOT BEEN MET . THE LICENSING OFFICER SHALL DENY THE APPLICANT'S REQUEST FOR ISSUANCE OF A PAWNBROKER LICENSE IN ACCORDANCE WITH E.M .C. 5-12-4 -1 I. 5-12-4-1 I : DENIAL OF LICENSE: A. THE APPLICATION FOR, OR RENEWAL OF, A PAWNBROKER LICENSE MAY BE DENIED BY THE LICENSING OFFICER ON GROUNDS INCLUDING , BUT NOT LIMITED TO , THE FOLLOWING : I. A FINDING THAT AN INDIVIDUAL APPLICANT, PARTNER , OFFICER OR DIRECTOR OF A CORPORATION, AND/OR HOLDER OF TEN PERCENT OR MORE OF THE STOCK OF A CORPORATE APPLICANT OR MANAGER OF A PAWNBROKER ESTABLISHMENT: i . FAILS AT ANY TIME , TO MEET THE QUALlFICATIONS REQUIRED OF AN APPLICANT BY IBIS SECTION; OR ii. VIOLATES ANY PROVISION OF THIS SECTION OR OTHER ORDINANCE OF THE CITY GOVERNING THE ACTIVlTIES PERMITTED BY THE LICENSEE; OR iii. OBTAINED THE LICENSE BY FRAUD OR MISREPRESENTATION: OR iv. HAS BEEN CONVICTED OF A FELONY OR ANY OFFENSE INVOLVING MORAL TURPITUDE INCLUDING BUT NOT LIMITED TO, THEFT, FRAUD, ROBBERY, BURGLARY, LARCENY, OR DECEIT; AND SUCH CONVICTION, AS DETERMINED BY THE DEPARTMENT OF SAFETY SERVICES, WOULD CREA TE A DANGER TO THE PUBLIC HEAL TH, SAFETY , OR WELFARE IF THE LICENSEE WERE TO CONTINUE TO ENGAGE IN SUCH CONDUCT. 2 . A ANDING TIIAT AN APPLICANT IS NOT FINANCIALLY RESPONSIBLE, IS NOT IN GOOD ST ANDING , OR IS NOT AUTHORIZED TO DO BUSINESS IN COLORADO. AS USED HEREIN, "FINANOALLY RESPONSIBLE" MEANS HAVING SUFFICIENT INCOME AND ASSETS TO DEFRAY EXPENSES AND PROVIDE FOR LIABILITIES OF THE BUSINESS AS THEY BECOME DUE . 3. THE LICENSING OFFICER SHALL MAKE A DECISION TO ACCEPT OR DENY THE APPLICANTS LICENSE OR RENEWAL THEREOF NO LATER THAN THIRTY (30) DAYS AFTER THE LICENSING OFFICER HAS RECEIVED ALL FORMS. DOCUMENTS AND ITEMS REQUIRED OF THE APPLICANT BY THIS SECTION AND THE RESULTS OF THE DEPARTMENT OF SAFETY SERVICES ' INVESTIGATION REQUIRED BY E.M.C. 15 -12-4 -10. .. .... 5 I •, , ...... • . I· • 0 '32xl • • • I• • ' B. THE LICENSING OFFICER SHALL NOT DENY AN APPLICANTS REQUEST FOR A LICENSE WITIIOUT NOTICE TO THE APPLICANT OF TIIE REASONS FOR SUCH DENIAL . AND WITHOUT THE APPLICANT BEING GIVEN AN OPPORTIJNITY FOR AN APPEAL OF THE LICENSING OFFICER'S DECISION , AS SET FORTH IN E.M.C. 5-12-4- 12. 5-12-4-12: REVOCATION OF LICENSES: A. A PAWNBROKER LICENSE MAY BE REVOKED UNDER THIS ORDINANCE IF : I. THE LICENSEE FAll.S, AT ANY TIME. TO MEET THE QUALIFICATIONS REQUIRED OF AN APPLICANT BY THIS SECTION ; OR 2. THE LICENSEE VIOLATES ANY PROVISION OF THIS SECTION OR OTHER ORDINANCE OF THE CITY GOVERNING THE ACTIVITIES PERMITTED BY THE LICENSE ; OR 3. THE LICENSEE OBTAINED THE LICENSE BY FRAUD OR MISREPRESENTATION ; OR 4 . THE LICENSEE HAS BEEN CONVICTED OF A FELONY OR ANY OFFENSE INVOLVING MORAL TURPITUDE INCLUDING BUT NOT LIMITED TO, THEFT, FRAUD , ROBBERY, BURGLARY, LARCENY , OR DECEIT; AND SUCH CONVICTION , AS DETERMINED BY THE DEPARTMENT OF SAFETY SERVICES. WOULD CREATE A DANGER TO THE PUBLIC HEAL TH, SAFETY, OR WELFARE IF THE LICENSEE WERE TO CONTINUE TO ENGAGE IN SUCH CONDUCT . B. IF THE LICENSING OFFICER IS MADE AW ARE OF THE GROUNDS IN SUBSECTION (A) OF THIS SECTION, THE LICENSING OFFICER SHALL HAVE THE AUTHORITY TO SUSPEND OR REVOKE THE LICENSE FOR THE REMAINDER OF ITS TERM . C . NO SUSPENSION OR REVOCATION IS FINAL UNTIL THE LICENSEE HAS BEEN GIVEN THE OPPORTUNITY FOR A HEARING TO ADDRESS THE SUSPENSION OR REVOCATION . SUCH HEARING SHALL BE HELD WI1lDN TWENTY (20) DAYS OF A WRITTEN REQUEST FOR THE HEARING FILED WITH THE CITY MANAGER BY THE LICENSEE AFFECTED . APPEAL OF A DENIAL OF A REQUEST FOR ISSUANCE OF A PAWNBROKER'S LICENSE, OR RENEWAL THEREOF. SHALL BE CONDUCTED ACCORDING TO THIS SUBSECTION . THE HEARING SHALL BE CONDUCTED AS FOLLOWS : I . UPON RECEIPT OF A REQUEST FOR HEARING, THE CITY MANAGER SHALL DESIGNATE A HEARING OFFICER TO DECIDE THE MATTER, AND WILL NOTIFY THE APPLICANT OR LICENSEE OF THE HEARING DATE BY MAIL . 2 . THE HEARING OFFICER IS HEREBY GRANTED THE AlmiORITY TO SUSTAIN, REVERSE OR MODIFY THE LICENSING OFFICER'S DECISION. AND.OR UPON A SHOWING BY THE APPLICANT OR LICENSEE OF MITIGATING FACTORS , MAY SUSPEND THE LICENSE FOR A PERIOD OF TIME AND.OR IMPOSE ON THE APPLICANT OR LICENSEE, REASONABLE CONDmONS ON THE LICENSE OR ANY RENEWAL THEREOF TO SECURE COMPLIANCE WITH THIS SECTION . 3. ANY HEARING PRESENTED PURSUANT TO nus SECTION SHALL BE CONDUCTED IN CONFORMANCE WITH STANDARDS OF PROCEDURAL DUE PROCESS APPLICABLE TO ADMINISTRATIVE HEARINGS, INCLUDING THE RIGHT TO PRESENT TESTIMONY AND TO CONFRONT WITNESSES . 6 ,. ~ • . I . • 0 .. , 1 32xl • • • • • 4. THE HEARING OFFICER SHALL APPLY THE FOLLOWING STANDARDS FOR REVIEW : (I) WHETHER THE CITY, THROUGH THE ORDER OF REVOCATION, SUSPENSION, OR DENIAL, ABUSED ITS DISCRETION, (2) ACTED ARBITRARil..Y OR (3) ACTED IN EXCESS OF ITS AUTHORITY HEREUNDER. ADDmONALLY, THE LICENSEE OR APPLICANT SHALL HA VE THE BURDEN TO SHOW BY A PREPONDERANCE OF THE EVIDENCE WHY THE REVOCATION, SUSPENSION OR DENIAL OF LICENSE, OR RENEWAL THEREOF, WAS IMPROPER UNDER THE ABOVE STANDARDS. IT SHALL ALSO BE THE BURDEN OF THE LICENSEE 10 ESTABLISH THE MITIGATION IN CONTESTING ANY ORDER OF REVOCATION OR SUSPENSION. S. THE HEARING OFFICER SHALL CONDUCT THE HEARING WrrnIN TWENTY (20) BUSINESS DAYS OF THE FILING OF THE REQUEST FOR HEARING AND SHALL ENTER WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL BE MAU.ED TO THE LICENSEE OR APPLICANT AT THE ADDRESS SHOWN ON THE LICENSE APPLICATION. THE HEARING OFFICER'S DECISION SHALL BE EFFECTIVE WITHIN THREE (3) BUSINESS DAYS OF THE DA 'IB OF THE WRITTEN FINDING REQUIRED BY THIS SUBSECTION. D. IF AFTER A HEARING, THE SUSPENSION OR REVOCATION JS UPHELD, THE LICENSING OFFICER MAY INCLUDE REASONABLE ORDERS OR CONDITIONS WITH WHJCH THE PERSON, WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED, SHALL COMPLY TO PRO'IBCT ANY WORK IN PROGRESS AND THE PUBLIC HEAL TH, SAFETY, AND WELFARE . E. NO PERSON WHOSE LICENSE JS REVOKED UNDER THIS SECTION JS ENTITLED TO RECEIVE A REFUND OR ANY PART OF THE LICENSE FEE PAID FOR THE LICENSE . F . NO PERSON WHO HAS HAD A LICENSE SUSPENDED OR REVOKED UNDER THIS SECTION JS ENlTll.ED TO OBTAIN THE SAME OR ANY SIMILAR LICENSE UNDER THIS SECTION DURING THE PERIOD OF SUSPENSION OR REVOCATION, EITHER IN THE PERSON'S OWN NAME OR AS A PRINCIPAL IN ANOTHER BUSINESS ™AT APPLIES FOR A LICENSE. S-12-4-13: MANAGERS; CHANGE OF OWNER, SHAREHOLDER, PARTNER, OFFICER, DIRECTOR OR MANAGER: A. A PAWNBROKER MAY EMPLOY A MANAGER TO OPERA'IB THE BUSINESS, PROVIDED THE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BlIT NOT LIMITED TO, THE PAWNBROKER'S RIGHT 10 POSSESSION OF THE PREMISES, HIS RESPONSIBil.lTY FOR ALL DEBTS, AND THE PAWNBROKER MUST BEAR ALL RISK OF LOSS OR OPPOR11JNITY FOR PROFIT FROM THE BUSINESS . 8 . IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN 'IBN PERCENT OF THE SHARES OF STOCK OF A CORPORA TE LICENSE HOLDER, PARTNER OF A PARTNERSHIP, OR MANAGER, DISCLOSURE IN WRITING BY AMENDMENT OF THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A PAWNBROKER'S LICENSE THEREOF SHALL BE MADE TO THE LICENSING OFFICER . NOTWITHSTANDING THE PROVISIONS OF THIS SECTION , NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE, DIRECTLY OR BENEFIOALLY, IN THE OWNERSHIP OF ANY LICENSED PAWNSHOP, WHICH IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE • ACT") OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND 7 . , ..... I• I '" .. I . • 0 '32xl - S-12-4-14 : A. B. c. D. E. • • • • (, EXCHANGE COMMISSION PURSUANT TO SECTION IS(D) OF TIIE ACT , PROVIDED THAT SUCH PERSON FILES WITII TIIE COMMISSIONER SUCH INFORMATION, DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF TIIE ACT TO BE FILED BY SUCH ISSUER WITII TIIE SECURITIES AND EXCHANGE COMMISSION. SUCH ISSUER SHALL FILE WITII THE LICENSING OFFICER INFORMATION ON MANAGERS, OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF MANAGERS, OFFICERS AND DIRECTORS OF CORPORATE PAWNBROKERS. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF TIIE APPLICATION, WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. THE NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED AND INVESTIGATED AS REQUIRED IN SECTION IS-12-4-10 . FAILURE OF AN APPLICANT TO REQUEST AN AMENDMENT OF THE APPLICATION OR FAILURE TO MEET TIIE PRESCRIBED STANDARDS AND QUALIFICATIONS OF SECTION IS-12-4-IO SHALL CONSTITIJTE GROUNDS FOR REVOCATION, SUSPENSION, OR NONRENEWAL OF TIIE LICENSE . REQUIRED ACTS OF PAWNBROKERS: A PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION : THE NAME, ADDRESS , AND DA TE OF BIRTII OF THE CUSTOMER; THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFlCA TION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-103, C.R.S., OR FOR THE SALE OF SECONDHAND PROPERTY PURSUANT TO SECTION 18-13-114 C.R .S.; THE DATE, TIME AND PLACE OF TIIE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AND AN ACCURATE AND DETAD.ED ACCOUNT AND DESCRIPTION OF EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO. ANY TRADEMARK. IDENI1FICA TION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OR OTIIER IDENTIFYING MARKS ON SUCH PROPERTY. TIIE PAWNBROKER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE lliAT EACH PIECE OF TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO TIIE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETiffiR THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING . IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON 1lfE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON TIIE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR TIIE PURCHASE TRANSACTION . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. THE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DA TE OF THE LAST TRANSACTION ENTERED IN TIIE REGISTER . 8 ' .. , ..... I . • 0 '32 x l F . G. H. I. J. K. 5-12-4-15 : A. B. • C. • 0 I• - A PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS WITHIN HIS OR HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS FOLLOWING THE MATURITY DA TE OF THE CONTRACT FOR PURCHASE, DURING WHICH TIME SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . A PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM OR HER THROUGH A PURCHASE TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . EVERY PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSHIP. THE FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION (A) OF THIS SECTION . THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE SUBMITfED . EVERY PAWNBROKER SHALL CLEAR, THROUGH THE DEPARTMENT OF SAFETY SERVICES, PRIOR TO RELEASE, ALL FIREARMS, OTHER THAN THOSE WHICH ARE NEWLY MANUFACTURED AND WHICH HAVE NOT BEEN PREVIOUSLY SOLD AT RETAIL . EVERY PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM . THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . EVERY PAWNBROKER SHALL. AT HIS OR HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE DEPARTMENT OF SAFETY SERVICES OR THE LICENSING OFFICER . PROHIBITED ACTS OF PAWNBROKER IN THE COURSE OF DOING BUSINESS: NO PAWNBROKER, EMPLOYEE. OR AGENT OF THE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS. NO PAWNBROKER, EMPLOYEE, OR AGENT OF THE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO HA VE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH PERSON . WITH RESPECT TO A CONTRACT FOR PURCHASE. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER MAY PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE PAWNBROKER WHICH WOULD RESULT IN THE PAWNBROKER OBTAINING A GREATER AMOUNT OF MONEY THAN WOULD BE PERMrrrED IF THE PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE 9 "' - •. ; I . • 0 . , • • 0 , . • CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY . D. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL VIOLATE THE TERMS OF THE CONTRACT FOR PURCHASE . E. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSAcnON FOR ANY TANGIBLE PERSONAL PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME , OWNER'S IDENTIACATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR PARTIALLY OBSCURED. F . NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSAcnON WHEN THE PROPERTY, WHICH IS THE SUBJECT OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSAcnON, IS OTHER THAN TANGIBLE PROPERTY. G . NO PAWNBROKER. EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ASK. DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE. ON AMOUNTS OF FlfTY DOLLARS OR OVER, OR ONE-FIFI"H OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLARS . NO OTHER CHARGES SHALL BE MADE BY THE PAWNBROKER UPON RENEW AL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT SHALL BE VOID . ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE OR TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID . THE VIOLATION OF THE SEcnON BY AN AGENT OR EMPLOYEE OF A PAWNBROKER SHALL BE DEEMED TO BE A VIOLATION OF THIS SECTION BY THE PAWNBROKER . 5-124-16: A. B. HOLD ORDERS AND SURRENDER OF PROPERTY: ANY POLICE OFFICER MAY ORDER A PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION. A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE PAWNBROKER BY THE DEPARTMENT OF SAFETY SERVICES . NO SALE OR OTHER IMPOSmON MAY BE MADE OF SUCH PROPERTY HELD BY ANY PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING . A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS SEcnON, AND ANY SALE OR OTHER DISPOSmON OF THE PROPERTY AFTER THE PAWNBROKER HAS BEEN NOTIFIED BY THE DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SEcnON. IF ANY POLICE OFFICER DETERMINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY A PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PAWNBROKER WITH A RECEIPT, CASE REPORT NUMBER AND THE POLICE REPORT COVER SHEET SETTING FORM THE BASIS FOR THE CONFISCATION . IO • ...... I . • 0 \ I I;. . ·. , • 5-12-4-17 : A. B. • 0 • LIABILITY OF PAWNBROKER: A PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE PAWNBROKER SHALL SELL SUCH ARTICLE TO A TIURD PERSON, THE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE . THE LAWRJL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE PAWNBROKER OR RECOVER THE SAME BY THE APPROPRIATE LEGAL MEANS INCLUDING, WTrnOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-12-4-7. A PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT. 5-12-4-18 : HOURS OF PAWNBROKERS: IT IS UNLAWFUL FOR ANY PAWNBROKER TO OPERATE DURING THE FOLLOWING HOURS AND ON THE FOLLOWING DAYS: A. AFTER 10:00 P.M. AND BEFORE 8:00 A.M .. B. ONSUNDAY SWi!m...Z . Safety Clauses The City Council, hereby finds, dctennines, and declares that this Ordinance is promulgaled under the general police power of lhe City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and lhat this Ordinance is necessary for the preservation of heallh and safety and for the protection of public convenience and welfare . The City Council further deu:rmines that lhe Ordinance bears a rational relation to lhe proper legislative object sought to be obtained . ~-Sevcrabjljty If any clause, sentence, paragraph, or pan of this OrdiMICC of the application thereof to any person of cirtums1811CCS shall for any reason be adjudged by a coun of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Selawn...!. Jncoosisteol Ordjnances All other Ordinances or ponions thereof inconsiSlr.nt or conflicting with lhis Ordinance or any ponion hereof are hereby repealed 10 the extent of such inconsislency or conOicL ~-Effect o[ rm;al or mgdj[ifNioo The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pan 111y penalty. forfeiture, or liability, either civil or aiminal, which shall have been incum,d under such provision, nl each provision shall be irealed and held II still remaining in fon:c for the purposes of sustaining any and all JIIOIIC'" actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, clcm,e, or onll:r which can or may be rendm:d, enlCl'Cd, or fflllic in such actions , suits, proceedings, or prosecutions. ~-fJ:oal1y . The Penalty Provision of E.M .C. 1-4-1 shall apply 10 each and every violation of lhis Ordinance . Introduced. read in full, and passed on fim reading on lhc 27111 day of February, 1995. 11 . , I • • 0 • I I I~ • • • <, Published as a Bill £or ar, Ordinance on lhc 2nd day or March, 1995. Thomas J. Bums, Mayor ATI'EST: Loucrishia A. Ellis, City Cler1t I, Loucrishia A. Ellis, City Clertt or the City or Englewood, Colorado, herd>y cenify lhal lhc above and foregoing is a uue copy or a Bill £or an Ordinance, introduced, read in full, and s-«I on first reading on lhc 27th day or February, 1995 . Loucrishia A. Ellis 12 \ -:------:--"'!1"1 __ ,,.. I \ I I:, i ..... .. I • • 0 '32xl ... -,: •,·.-. '".·'· • "' - 0 I • • ______ .-, ·-··-··-··-· RESOLCTIOlf RO. B_.. SERIES OP 1995 11 a-ii A JlRSO:C.tl'l'XON US'l'JI.OC'1"CllUNC '1'RB CITY' OP El.'IGLEWOOD' S PROMISSORY llOTa 01f TROLLEY SQUARB NRBUAS, there ia a c:w:-rent $100, 000 Note on the Trolley 8quare property with a principal balance . due of $'88, 000, and -... • MJIDRAS, Dillon Conlpaniee, Inc. (•Dillon•) baa zwqueated 0 tha . City to reat:ructure tha Prold.aeozy llot• and rele... the Pir•t Deed · of Truat oa. the Trolley Square property for radeY9lopaent pll%p08e81 · · and . . J: WIIDaAS, the d.ty Of bglwood beli.,,_a that the proSIOHcl redevelopaent of the Trolley Square eit:• ia in the beat int•re•t ,of· the City; and WDII.S.U, the re•truc:turing of the Bot• require• that the timing and the amount• of the inatallaent paymant• be revieed to provide for 40 quarterly payaaent• of s~.200.00 with an additional. annual payment of $20,000.00 on April 1 of each y.ar; and NBBR!IAS, the City'• belief ia that it ia in the beet intere•t of the City and the citizen. of bglevcod to have ting Soopere nmain on the alt• and have the •ite Z'9davwloped rather than loainsr Chia anchor tenant, WRDRAS, the ent:ire llote would he paid if Dillon ware to 1..-.. thi• •ite prior to the y.ar 2005, or the entire llote would be due if the !>illon Companie•, Inc .... in default in any of the ot:bar tenaa of the •ote I and IIRDEU, to re•t&"Ueture fiAancag for ~lopaent of tJle •ite it ia nec•••ary for the city to rel--it• fir•t liea poaition and rely upon the overall uHt• of the · Dilloa. Compamiu. Inc. to fulfill it• obligation, and · · . ·. ··. vmatD.S, the City•• c!ue diligence haa abolnl that the l)j,llm Companie•, Inc. de•• have eufficient .... t• t:o fulfill thi• obligation, · JIOW '1'BDD"OllS, BS IT USOLvm> BY TD C?ff COOJfCil. 01' '1'D CJ:ff '. . OP DOLSll'OOI), COLORADO, . THAT I • . . .. 'l'he Cit.y Council o! the City o! bglevcod. eolorado authoriS•• .. the City Manager to re•tructure . the c:u.rZ911t Prolldaaory Jlote . :~of . $'88, ooo on the Trolley 8quar• property authorising 4.0 quarterly ·· . ·. paywnent• of $7,200. oo plua 10 annual· payaen1:• of $20,000 .oo d\le ·on · April . 1 of each y.ar. The ni•tzuc:t\lZ'9 ahall 1M conclicione4 .upon · ·. · Dlllon or a related entity acqw.ring ownerahip of the 'l'zolley Square property on or before JUly 1, lHS. . . .. -...... . , I· • 0 .. . ·_:. ·\ . : . ,, 1-:··· • ·;· •• r. . : . ·.;_-. "'· .. ·' ·:: .. ::. . _ .... ,. . · · .. • • , . ·, • ( . • j , .. :-,~~..:.·.::.-.----ell~ ... " ........ : •' · .. .... ; . . ~=-.. • . : ..... ' .. , -:·· . ... . : : :· . I•,,,:.· • ' •'• I . : .. :,· •,. I, 7, ' •.· ._ .. : . -:" . . · ..... ·~· .. : ' . . .. ~ . ·. .::· ·'.· ', . . . . ' . ':. .. .. · ... ... . ..... . . . .... ·:. '\MUta .... lU.~.-CN/U/N, ~I . ,• ... _.;~ . . ., ', . -· ........... ...........-...- ·:·-~ .. : ._ . .. ., .: · . . •: .. . . : ~: : . -.·: :· .. : '•: ...... . ' I· • 0 f 32x l r--.... ' ..... ··: :·· ,: . ,"\:: ... .· . .:: . • ,, - 0 I• • _______ .. -i ·-··-··-i.--. lla-11 .. A JlaaoLU'nCII ~ TD CrrY OP llllm.BIIOOD' 8 PRCMIS90llY IIO'l'a 05 TllOLLZY SQOARB 11RDW, there ia a current $100, 000 · sot• on the "l'rolley 8quare property with a principal balance .due of $488,.0001 and · .. -. llJIDRAS, Dillon Conlpanie•, Inc~ (•Dillon•) baa requeat:ed ' ~ City to :reatructure the Promi••ory lllfot• and rel•••• tba •ir•t Deed of 'l'ruat on the T%olley ~ property for redevelopment pu%p0eea1 and . WRIDlaU, the City of bglnood believe• that the p~ ndevelopaent of the Trolley Square aite ia in the be•t inter.at of · the City; and IIHml.SAS, the n•tZ'UC!t:uring of the Sot:• raquire• that: the timing and tbe uiowit:• of t.u inat:a11111Ult payment• be reviaed to provide for ,o quarterly payment:• of $?,200.00 with an additional mmual payment of $20,000.00 on April 1 of each year; and WHER.DS, the City'• belief ia that it ia in the be•t inter.at of the City and t~isena of Inglewood to have XiDg Soopen remain on the •it• the •it• r.davelaped rather than loaing thia anchor tenant ~ WIUat&U, t.u e11tire Jrote would be paid if Dillon ware to leave thi• •it• prior to the year 2005, or tbe e11tire llote would be due if the nillon Coapani••• Inc.-• in default: in any of the other teZ'IIIII of tbe Jfot:e; and WHDDS, to re•t%Uctvze financing f~ redsftlopamat of tu •ite it ia n•c•••ary for the city to rel••-it• fir•t lieli poaition and rely upon the overall u••t• of the · Dillon Companiu, Inc. to fulfill it• obligation, and WJIDBU, the City'• ~. clilig9nee ha• 8bowu that the nill~ Cocnpani.••. :tnc. do•• hav. aufficieAt: ••-t:• to · fulfill ·th!• obligation; · 1IIClf TDJlSJ'OU, BS IT USOL'Vml BY '1'D crrr coaJICII. 01' '1'D ~ft OP DGLSNOOD, COLOJUUX>, THAT, . . . The Cit:y Council of the City of bglewood, C!olorado aut:horili-·_· · . · the City Manager to r••t:%Uct\lZ'e . t:he current: Praai•aory llote . <of · · $488,000 on the T%olley Sq\aare prcperty authorising ,o quarterly _ p&YINJlt• of $?,200.00 plua 10 annual payment• of $20,000.00 due ·OD April . 1 o! each year. 'l'be :re•t~ure ahall be conclltioned .upon nlllon or a rel~ted endty acquiring ownerahip of the 'l'zolley Sqgare property on or before July 1, 1995. ·<?Br~~ ' • • -. , •. I . • 0 f-,-.. ·. ··. ·:- ~ .. ·, . . . ·· . ·. ~ :_ :~ ~: . . ·' .. '" .. ' . • • .. • ·, • .. J. . . . · :..:• ..:·..u----1111 ,LJ ••• " ..... -•---..a-- m 5. 1uru. &yor ;, 'AftUT .. i.oucrlaiala ·1 .. 1111 •• dty diii · %, !.oueriabia A~ Elia, City Cl.erk for tha City of magl.-oocl, Colorado, •Z'9br c:U't:ify tha above ia .a tzue COJ1Y of .. aolution llo, ~· aerie• of 1H5. . . · . . · . · · ,, .. ;: '• . ·.:• \ . . r .. . . --~ . ,.:• . -. . . ... :,.. . .... : .-. ,•:. .. .. . .. _ .. . •'. touc:rliiili 1. mli .. ..... ; ... ·:-• .. ··.:: ...... ·· .•·· . :·. r • • .' ·• •::· ·.·, :_::-;_.. ·. ·..-. .,.; · .. . ~: . . ·: _:-.:·· .. ·.:· ., .. : 'i .: \ .. · .. :.· .. . . · .. ., .. .. • .... ····-: · .. ···-·· .1· .. • . · ... ' . ' • .. .; I • • 0 f 32x l ] • / • RESOL UTION NO. SERIES OF 1995 ·, • 0 • A RESOLUTION RESTRUCTURING THE CITY OF ENGLEWOOD'S PROMISSORY NOTE ON TROLLEY SQUARE . WHEREAS, there is a current $800,000 Note on the Trolley Square property with a principal balance due of$488,000; and WHEREAS, Dillon Companies, Inc. ("Dillon") has requested the City to restructure ~he Promissory Note and release the First Deed of Trust on the Trolley Square property for redevelopment purposes; and WHEREAS, the City of Englewood believes that the proposed redevelopment of the Trolley Square site is in the best interest of the City; and WHEREAS, the restructuring of the Note requires that the timing and the amounts of the installment payments be revised to provide for 40 quarterly payments of $7,200.00 with an additional annual payment of $20,000.00 on April 1 of each year; and WHEREAS, the City's belief is that it is in the best interest of the City and the citizens of Englewood to"have King Soopers remain on the site and have the site redeveloped rather than losing this anchor tenant; and WHEREAS, the entire Note would be paid if Dillon were to leave this site prior to the year 2005 , or the entire Note would be due if the Dillon Companies, Inc . was in default in any of the other terms of the Note; and WHEREAS, to restructure financing for redevelopment of the site it is necessary for the City to release its first lien position and rely upon the overall assets of the Dillon Companies, Inc . to fulfill its obligation; and WHEREAS, the City's due diligence has shown that the Dillon Companies, Inc . does have sufficient assets to fulfill this obligation ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The City Council of the City of Englewood, Colorado authorizes the City Manager to restructure the current Promissory Note of$488,000 on the Trolley Square property authorizing 40 quarterly payments of $7,200.00 plus 10 annual payments of $20,000.00 due on April 1 of each year. The restructure shall be conditioned upon Dillon or a related entity acquiring ownership of the Trolley Square property on or before July 1, 1995 . Th e City Council of the City of Englewood, Colorado authorizes the City Manager to enter into an agreement with Dillon Companies, Inc . providing for the payment of $20,000.00 per year for ten (10 ) consecutive years to Dillon Companies, Inc. to redevelop the Trolley Square property, each annual payment to be conditioned upon Dillon operating (or causing ...... . ' .. I • • 0 •. , , 2 - • • ·, • <. ... another to operate) a grocery store on the site and in no way being in defaut on any of the terms of the Promissory Note on the Trolley Square property between Dillon and the City of Englewood . ADOPTED AND APPROVED this 27th day of February, 1995. ATTEST : Thomas J . Bums, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1995 . Loucrishia A. Ellis ..... '' \ I • • 0 '32x l .. ···.· ....... .: ., .. ::·· • -~ . .:.1 • 0 • 13:05 BY AOTHOllITY OlU>IIW!ICE NO. A BILL FOR I • comfCIL BILL NO. II ~COOIICIL MBNBBR ~< NII OlU>INANCB RBLBASDIG THE PiltS'l' l)BBD or TllU8T Olf TllOLLBY' SQUARE DO& TO 'nm RBSTllOC'l'tDlDIG OJ' TD n.oNISSOJlY lllOTE WITH TBB DILLOII CCMPANIBS, IJfC. AND THE PllOPOSSD RBDKVIILOIINBIIT OP THB SITS . WIIBltBA.I, Dillon Compani•a, Inc. (•Dillon•) baa requeat•d the City to reatruc:tura th• Proadaaory Note and &-el•••• the Pirat Dead · of 'l'ruat on the Trolley Square property for redevelopment pu.rpoaea, and WHBlmAS, the City of Bn9lewood believe• that the propoaad redevelopaent of the Trolley Square aite ia in the beat int•reat of the City; and WRDaAS, the r•atructuring of the Note require• that tha timing and the IIIIIO\lllta of the required inatallmant payment• be ravi-d; and WHBRBAS, the City•• belief ia that it ia in tha beat int•reat of tha City and the citiseq of Bnglewood to have Dillon remain on the aite and have the aite redavaloped rather than looaing t.hia anchor tenant; and WHBRDS, tba entire Rote WOllld be paid if p-ocezy oparationa were to leave thia aite prior to the year JOOS, or the anti.%9 Jlote would be due if Dillon eompaniu, Inc. waa in default in any of tha other t•rnia of the Note; and 1IHDBU, to reatructure fiuanciag for rectev.lopaant of the aite it ia nec••••ry for tba City to rel.._ ita first lien poaition and rely upon tha overall -•eta of tha Dillon Collplln1ea, Inc. to fulfill ita obligation; and WHBRBAS, the City'• due diligence bu ebolm tbat the Dillon Oolllpani .. , Inc. doaa baV9 auffic1.at .... t• to fulfill thi• obligation; BOW, mmtBJ'OltS, U IT ORJaD1BD BY "nlS CITY CX>OIICIL OF THB CITY OP alOLaWOOD, COLORADO, AS l"OLLClfS 1 • i•st;igp 1. S\lbaequent to the reatzuctud.119 of tha Proaiaaozy llot• and with the proper assurance of redeTalopaent tha City Manager ia autboriaed to rel-•• the City of IIDglellOOd' • Pint Deed of Truat on the ~lley Square property. Introduced, read in full, and paa•ed on fint reading on the 27th day of February, lHS. ...... .. , •. I . • 0 1 32 x l - • ,'._~··:,··.·:·,:_·., .• c'.· ••• ·: ·:J ... ~~, .: 'if:· • ,, - • • '· 13:BS Publiabed •• a Bill for an orclinan,ce on the and day of March, 199!1, I, Low:rillbia A, al.U.•, Cicy Cluk of e. Cicy of IDSJlewood., Colorado, berebr c:erdfy ~t tbe abcwa and foi:aaai.Da ia a u,aa aapr of a Bill for 11A ordinance, introduced, Z'9ad in full, and --.. _ ....... --;;/;ii.&e:·· ·.-,-., .. ).... . .. . l ' r I!.• . , .. I . . 0 .-·. · . .. •'·.· ··•· .. :· .! • • 0 • 13:05 002 BY AtlTHORITY CXAWU L BILL IIO. I ~-:;; A BILL POR M CIU)DIAIIOI ltBLBASIJIG TBS PDl'l' mlm OW '1'ltDff ar TaOLLft' SQUARB DDS TO THE RBSTR.UC"l'OlUJfG OF TD ncMISSOllY IIOTB WITH TBB DILLOll CIDIINlrIU, :me. Alm 'l"JIB ~ ~ a, TD 8%TS. WIIBRBAS, Dillon Compani••• Inc. (•Dillon•) baa raquaated tbe City to re•tructure the Proadeeory lfote and rel .... tbe Pirat Deed · of 'l'ru•t on the Trolley Square property for redevelopaent pw:poae• 1 and WHBIUIAS, the City of Bn9lewood beli.evea that. tu propoaed reclovelopaent of tha Troll•y Squara aite 1• in the beat intereat of the City; and WRDBAS, the re•tructuring of the lfote require• that tbe timiq and the amount• of the required inatallaant payaenta be reviaed; and WIUUUl:U, che City•• belief i• that it 1a in tha beat intereet of tha City and the citis~ of Bn!iJlewood to have .. ~~~in on the aite and have the aite redeveloped rather t~ thia anchor tenant; and .. WHBltBM, the entire Bot• would be paid if grocery operationa were to 1 .. .,,. thi• •ite prior to the y.ar 2005, or the entire :.Ote would be due if Dillon Compen1-, Inc. waa in ct.fault in any of tbe other ter111a of the lfote; and NHDDS, to reatructure financiDg for Z'9dev9lopaent of the aite it i• nec••••ry for the City to nle... it• firet lien poaition and rely upon tbe overall uaeta of tbe Dillon Coapaa1 .. , Inc. to fulfill ita obligation; and NHBRBAS, the City'• due diligence bu HOWA t.bat. the Dillon oo.paniea, Inc. doe• have aufficient uaeta to fulfill thia obligation; NOW, TBBltU'OltS, U IT OltDIUBBD BY '1'HB CITr COUIICIL OP 'DUS CITY' OP IDIOLaNOOI), COLOR..00, AS FOLLOWS: . l•st;igp 1 . SUbaequ.ent to the reatrw:turi.Dg of the Proaiaao~ llote and with the proper aa11UraDce of ~lopaent tm City Manager 1• authoriz•d to nleu• the City of BDglewood'a Pint Deed of Truat on the Trolley Square property. Introduced, read in full, and paaaed on fint nacliDg OD the 27th day of Pebruary, 1995. ...... - 0 ·. , I I I•,· ,.,. •. I . • 0 - ·~ ·,~ . ' Jli'\_: }. . , • • • .. 13:li!IS PuhliaW •• a Bill for an ordh&nce on the 2nd day of March, 1195. A'l"l'UT I f.ov.c:iiilila X. llila, city clerk I, Loucriabia A. 111.li•, City Clerk of tbe City of b9lewood, Colorado, berebr certify tbat tha abav9 and f~ing i• • trua aapr of a Bill for -Ozdi.nenca, introduced, read in full, and · puNd on H.rat re..un, on tha 37th day of~, UH. t.ouc:rliiila i. 1111• \MUaa~--·~... ,..,., .. ,., • .... .. I. • 0 \ r 11 I ~-f ~7xl OFIC»IANCE NO. __ SERIES OF 1995 • • - BY AUTHORITY A BILL FOR t• COUNCIL BILL NO. 8 INTROC)LCEO BY COLNCIL MEMBER~~~~~~- AN ORDINANCE RELEASN3 THE ARST DEED OF TRl.ST ON TROUEY SQUARE DUE TO THE RESTRUCTURING OF THE PROMISSORY NOTE WITH THE DILLON COMPANIES, INC . AND THE PROPOSED REDEVELOPMENT OF THE SITE. WHEREAS. Dillon Companies, Inc. ("Dillon") has requested the City to restructure the Promissory Note and release the First Deed of Trust on the Trolley Square property for redevelopment purposes; and WHEREAS, the City of Englewood believes that the proposed redevelopment of the Trolley Square site is in the best interest of the City; and WHEREAS, the restructuring of the Note requires that the timing and the amounts of the required installment payments be revised; and WHEREAS, the City's belief is that it is in the best interest of the City and the citizens of Englewood to have Dillon remain on the site and have the site redeveloped rather than losing this anchor tenant; and WHEREAS, the entire Note would be paid if grocery operations were to leave this site prior to the year 2005, or the entire Note would be due if the Dillon Companies, Inc. were in default in any of the other terms of the Note; and WHEREAS, to restructure financing for redevelopment of the site it is necessary for the City to release its firs lien position and rely upon the overall assets of the Dillon Companies, Inc. to fulfill its obligation; and WHEREAS, the City's due diligence has shown that the Dillon Companies. Inc. does have sufficient assets to fulfill this obligation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY cou,,ciL OF THE CITY OF ENGLEWOOD, COLORAOO,AS FOUOWS: Sectjon 1. Subsequent to the restructuring of the Promissory Note and with proper assurance of redevelopment the City Manager is authorized to release the City of Englewood's First Deed of Trust on the Trolley Square property . Introduced, read in full, and passed on first reading on the 27th day of February, 1995 . • 1 • • ..... II - . . .. I . • 0 • • • • Published as a Bill for an Ordinance on the 2nd day of March, 1995 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 27th day of February, 1995. Loucrishia A . Ellis -2- I. • 0 f 32xl • . . 0 : . • • • I . • 0 ' • . -. • • I . .• ·' I I ....... . . , • l • . ''!' • • . - • 0 • :, ' ' . " - • l . . I ~ . 0 . ' . . , . . ·' I I ' l • · I I '!' • • , , P1tfi ,·£! ----Ti LI I I • . - • 0 • ' .. ,. - . . . . . ' . . I . • 0 . . • ' . . ·· ·' I r ' ........ • • , II • i I ' , ! 'r • ,. ~ ' . 0 I • -' . . ---- I . . 0 ' • ' . . -. ] • 1. Call to order. 2. Invocation. • • • .. .... AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 27, 1995 7:30 P.M . 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes . a . Minutes from the Regular City Council Meeting of February 6, 1995. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes .) a . Russ Dispense, Vice President Real Estate, King Soopers, to discuss the future of Trolley Square. 7. Non-Scheduled Visitors. (Due to special meeting status, there will be no discussion.) 8. Communications, Proclamations, and Appointments. a. Letter from Barbara Davis indicating her resignation from the Clean, Green, and Proud Commission. b. Letter from Bradley Zieg indicating his resignation from the Englewood Housing Authority. 9 . Public Hearing. (Due to special meeting status, there will be no discussion.) ' ·- I . • 0 '32 x l • • • City Council Aaend.i FebNAry 27, 199S Pagel • 0 -,• 10. Co"""'Agend,0/l!k} ~ ~~ a. Approve on First Reading . '"''{/--~ i. Recommendation from the Department of Financial Serv ices to adopt a b i ll for an ordinance having to do with redistricting. STAFF SOURCES: Lou Ellis, City Clerk And Frank Gryglewicz, Director of FinanciAI Services. ii. Recommendation from the Department of Public Works to approve a motion awarding a design contract for the Dartmouth Bike Trail, Belleview Avenue sidewalks , and Broadway sidewalks. Staff recommends awarding the bid to Deleuw Cather and Company in an amount not to exceed S 120,000. STAFF SOURCE: Charles Esterly, Director of Public Works. ii i. Recommendation from the Department of Community Development to adopt a resolution supporting Arapahoe County Housing Authority's First- Time Home Buyer Program. STAFF SOURCE: Lee Merkel, Director of Community Development. b . Approve on Second Reading . i. Council Bill No. 2, approving the sale of two Project BUILD properties : 2399 W . Warren Avenue and 2975 S. Grant. ii. Council Bill No. 3, authorizing an Intergovernmental Agreement extending the 1993 Community Development Block Grant. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading . .. ... ·. , ' I . • 0 '32xl - City Council Apnda February 27, 1995 Pagel b. Approve on Second Reading. '· • ,. • t• • 12 . General Discussion. (Due to special meeting status, there will be no discussion .) a . Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. (Due to special meeting status, there will be no discussion.) 14. City Attorney's Report. (Due to special meeting status, there will be no discussion.) /2>:7oumm~nt. {iJ~ ~ . 13· ~ f>•.)/~A / The following minutes were nsmitted to Counclfro;"o'iioi't95-02/23/95: • Englewood Planning and Zoning Commission meeting of January 17, 1995. • Englewood Liquor Licensing Authority meeting of January 4, 1995. • Englewood Housing Authority meeting of December 7, 1994. • Englewood Planning and Zoning Commission meeting of February 7, 1995. • Englewood Public Library Board meeting of January 10, 1995. .... •. .. I. • 0 r~ r I ~?~I I • 0 • ' AGENDA FOR THE SPECIAL MEETING OF t~ THE ENGLEWOOD CITY COUNCIL FEBRUARY 27, 1995 7:30 P.M . 1. Call1oonle1. I?-~ 2. Invocation. t{J '4~ 3. Pledge of Allegiance . ~ 4 . RollCall.&L 5. Minutes . ,,_ tf,lf-lJ,. M;n,rte, from !he Regula, (;fy Council Meel;ng of Februa,y 6, 1995. I{/ .lflM 6 . Schedul~ Visitors. (Ple~ur presentation to ten minutes.) 6) ~~~L~~~ssthefutureof ~~,~~ --~at"'l'~ . ·«I.ta, ~~~ a rewmbeno~ ~b-.=~::::·.::m;;;~:::,;onfrom ~Clean, c-,,nd ~ll/1-0 '-Proud Commission . 1 ,-lll,UA.AW~ · Lener from ';Jj~l~Y_,,Zieg i~dicating his resignation from the Englewood Housing • ~-l} Authority .~ . 9 . (Due to special meeting status, there will be no discussion .) Plwe note: If you MW a dlubillty wl !INCi -m., _. •---. .... llllllfy .. City of ll ... awl(70.D79) at.._. 41 haun In advance of when Nl'Vicel .. ...a..l. 1'hlllll you. .. -' • . .. I . • 0 '32xl J I ~1 IJJJ ' • 0 • •. City Council Agenda February 27, 1995 Pagel 10. a. Approve on First Reading . i. Recommendation from the Department of Financial Services to adopt a bill for an ordinance having to do with redistricting. STAFF SOURCES: Lou Ellis, City Clerk MN1 Frri Gryglewicz, Director of FinancYI Services. ii. Recommendation from the Department of Public Works to approve a motion awarding a design contract for the Dartmouth Bike Trail, Belleview Avenue sidewalks, and Broadway sidewalks. Staff recommends awarding the bid to Deleuw Cather and Company in an amount not to exceed $120,000. STAFF SOUICE: Charles Esterly, Director of Public Worlcs. iii. Recommendation from the Department of Community Development to adopt a resolution supporting Arapahoe County Housing Authority's First- Time Home Buyer Program . STAFF SOUICE: Lee Merkel, Director of Community Development. b. Approve on Second Reading . i. Council Bill No. 2, approving the sale of two Project BUILD properties : 2399 W. Warren Avenue and 2975 S. Grant. ii. Council Bill No. 3, authorizing an Intergovernmental Agreement extending the 1993 Community Development Block Grant. 11 . Ordinances, Resolutions, and Motions . a. Approve on First Reading . 0 '/ I t/1 i . Recommendation from the Department of Safety Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code that relate to the operation of pawnshops, and adopt a resolution establishing fees relative to pawnshop operation. STAFF SOUICE: Chris Olson, ~ Director of Safety Services. ) • ii. Recommendation from the City Manager to adopt a resolution regarding Trolley Square . STAFF SOUICE: Doug Cla"', City MAnager. iii. Recommendation from the City Manager to adopt a bill for an ordinance regarding Trolley Square. STAFF SOUICE: Doug Cla"', City Manqer. ..... ,, - ' ' I· • 0 I , • • City Council Apncla February 27, 19'5 Pap3 . . b . Approve on Second Reading. • • • 12. General Discussion . (Due to special meeting status, there will be no discussion.) a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. (Due to special meeting status, there will be no discussion.) 14. City Attorney's Report. (Due to special meeting status, there will be no discussion.) Adjournment. The following minutes were transmitted to Council from 02/03/95-02/23/95: • Englewood Planning and Zoning Commission meeting of January 17, 1995. • Englewood Liquor Licensing Authority meeting of January 4, 1995. • Englewood Housing Authority meeting of December 7, 1994. • Englewood Planning and Zoning Commission meeting ol February 7, 1995. • Englewood Public Library Board meeting ol January 10, 1995 . • I •, .. I . • 0 , ~"VI • • • 0 •• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Fellnlary 27, 1"5 I . Cd to Order The regular meeting of tbc Engle,wood City Council -Cllled 10 order by Mayor Burm • 7 :35 p .m. 2 . hmlcadoll The illWCllioa -pm by Council Member Wiggins. 3. The Pledge or Allegiance -led by Mayor Burm. 4. Rall Cd Present: Council Members Hathaway, Waldman Wiggins. Habenicht, Vormittq, Wagooer, Bums Ablcnt: Nooe A quorum was preecnt. AIIO praent: City Manapr Clark Acting City Attorney Semple City Clerk Ellis Deputy Dinaor OI-. Safety Services (a) COUNCIL Ml:Mal:R WIGGINS MOVED. AND rr WAS SECONDED, TO APPROVE THE MINUTU OF THE llEGUIAll MDTING OF RDUAllY 6. 1"5. Motion carriod. Ayes : Council Membcrs Hadlaway, Vormilllg. Wigim, Habellic:ht, Wagooer, Waldmu, Buns Nays : Nooe 6 . Sclie•led Viliten (a) Jim Sullivan, Preaident of Sullivan Hayes ONnpenics offind a brief synoplis oftbc plans for Trolley Square ............ .1 -Jim Sullivan, I -liere .... Preaident of Sullivan Haya Companies ..... I am here repraenling Kina Soopen tbil CWlliaa-Rua Dupeme 1Wllo is tbc Vice President Real Estalc: Dim:tor for King Soopen is ~ ud l1ao Bob Leicher 1Wllo is tbc Vice Prelidcnt in charge oftbc store construction is~• well and I~ lib to llllkc a llhort pnlCNlllioD to Council . ........ As you are well aware tbc Trolley Square shopping CIClllcr bas····-ralM:lopcd a number orycars ago to eliminate some blight along Bruadway. Unfortunately die sbopl newr realized tbcir full potential, weren't lcucd and has created a new 11111 ofbligbl King Soopen bas been a corponfC citiml oftbc City or Englewood for D11C years DOW and would like to iemin. In order for tbcm to do dial it ~ bell suit ' • ...... I . • 0 I r I• • , ,. '32xl • I • -·-·-.... -- ~ (,.) N X - / 0 l • n ~ ii a 'i ir1r i 2 I ! It H(, Q :a ·t tB .8 l ~; 1 J!·ri i O a s f•f ! ~ > ir st f.l ~ a 1: s 1 .. I I t ,,, ; > I .. 1.1 a i · l!fl ! i I 'ti· ! B ['" •t 1· ii i f f f ; ~ 11•1' i a • · 1,J. !'I -c ) E 1· r pi: r,J l : a· I i l!J ~ J I!. ; 1· 11• pi: .. I: • . \. • lflf 1•1 6 ! < 6 (((1i •1111(fffiffl&f •,, 4Jh t lr j f.1r 11 1· I r1Hid!·n i• !n 1111 ~.~ J" ~ 1'111 ~~J1il1ft'l1tl! ~i j f f·l .i r 111. 11 ·s;rlli le:@a.fg !n ~slJ II.rs f~ j fttfl=~ fa.ill:f=il· s:Ja.iJij1· l ~11 .. 111 11 l -j! a.i 1 ~1. l'ff11 1 f-i' I J t; tF l 11-11· !hJli= t lp ~th • r1 ii I I,!, 1IU;l11f Ji,f d l;1!l 11! II! lilt! 11!fff't111 1rl1l1 1 lj. :...o 1 • f J s l I: f s-• i:. t , '" I z:;i I ·8!, fl l irfj fl •·s" If ·f .(1111 · f UH O • ii ; U!1 Hf '1 :J~itf [f 1t 11 !r~ ~~ t 11111 1 it1fl1;f1,1~1 1 il•r 111 ~-I 11·~ 1I 11,fltt~![lr 'IJt 1~r t J ,ft11 ''111 't1 1111t 11;~ I i lt·'r !f111ff1tlrr! r , ,· I .. ~ . ' ~ . . • ~ • • Eqlewood City Ceudl feltnary 27, lffl Pqel • • • Due to the Special Moeting llalUI. there -mn-lCbcdulcd visitors. B. (a) COUNCD. MDlaU HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH llEGUT IIADAltA DAVIS' U'ITER Of RESIGNATION FROM THE CLEAN, GREEN AND l'IIOUD COIOIISSION. Motion carried. Ayes: c-il Mmllcr'I Hadlaway, V«miaag, Wiggina, Habenicbt, w..,..-. w...__ Bums Nays: Nooe (b) COUNCD. MDISEll HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH llEGRET aRADLEY DEG'S LETTER Of RESIGNATION FROM THE ENGLEWOOD HOUSING AUTBORITY. Motion carried. Ayes: Council Members Halhaway, Vonnittag, Wiggins, Habenicbt, w...-,. Waldman, Bums Nays: Nooe 9. ..lllic Beari111 No public bearing was scheduled before Council . 10. C-aA&mda COUNCU. MEMaER HAalENICHT MOVED, AND IT WAS SECONDED, TO Al'PROVE THE CONSENT AGENDA. (a) Appn,we on Finl Rcadiq (i) COUNCD.. BllL NO. 7. IN'J1l0DUCED BY COUNCIL MEMBER A BllL FOR AN ORDINANCE CONFIRMING 111AT 1TI1.E I, OIAP'mll 5. SEC'l10N 1, OF TIIE ENGLEWOOD MUNICIPAL CODE 1915. IS UNOIANCED RELATING TO COUNCIL DIS11UCTS W11HIN TIIE CITY OF ENGLEWOOD, COLORADO. (ii) comRACT Wl11I DE LBUW CA111ER AND COMPANY IN AN AMOUNT NOT TO EXCEED Sl20,000.00 FOR DESIGN OF TIIE DARTMOtml BIKE TRAIL, BEU.EVIEW A VENUE SIDEWALKS AND BROADWAY SIDEWALKS. (iii) llESOUTJ10N NO. 25, SERIES OF 1995 A RESOLUTION SUPPORTING 11IE ARAPAHOE COUN'JY HOUSING AtmlORITY'S FIRST- TIME HOMEBUYER PROGRAM. (b) ' .. ..... I . • 0 I I ' " '32 x l • l.a&lewood City c-u J'ebniary 27, lffl ..... ,. • 0 , . • (i) ORDINANCE NO . 3, SERIES OF 1995 (<X>UNCIL BD..1. NO. 2, INTRODUCED BY COUNCIL MEMBER HATIIA WAY), EN'ITI1.ED : AN ORDINANCE APPROVING 1HE SALE OP TWO PROl'l!R11ES. WHIOf WERE DEVELOPl!D FOR 111E ·BUILD" PROJECT, ON 11IE OPEN MARKET. (ii) ORDINANCE NO. 4, SERIES OP 1995 (<X>UNCIL BD..1. NO. 3, INTRODUCED BY <X>UNCIL MEMBER HATIIAWA Y). EHITIU!D: AN ORDINANCE Al11110RIZ1NG AMENDMENT NO. 2. POil AN EXTENSION OF TIME OF 111E IN'IEROOVERNMENJ'AL SUBGRANTI!E AGRl!l!MEHI' POil 11IE 1993 ARAPAHOE COUNrY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWl!£N 11IE ARAPAHOE BOARD OF COUNrY CX>MMISSIONERS AND 11IE CITY OP ENGLEWOOD IN ORDER TO AU.OW FOR 11fE COMPlEl'E EXPENDITIJRE OF FUNDS. Ayes : Council Memben Halbnway, Vonaiaag. Wigins. Habenicbl, Wagoner, W~ Buras Nays: None 11. Ortl ru, 8111 l liNI 111141 M ...... (a) Approwc OD Finl Reading <i> 1>epu1y Dinictor a-PftNllllld a ,...,..,,._.... tam die Department or Safdy Scrvicea IO adapt a bill llr U .---. _.._ ofdle Eapwood l.4aDic:ipal c.ode that relae IO die opermoa of ......................... 1-llae to 1e I 111111 ~ adap( u onlinw:e ewllliaUy---, by llfllliltl W1ioa 4 oflide 5 c:lllpls 12 oldie p ................ c.ode 1111d reclllCWI& dlll ._ wtioa • per11ia ID die niplldaa ofpawaap1 willlill die Cily. We fed we aw claae -flirty lipiffc:MI wwt _.die ...... _. die a..ller of C IX ID lly ad Fl dlil to were ii is• •Ible ao a ,-aal .....,11111..._ pawa111,p-. Sowe-,. n-. dial you ., ........ ....-11111 cni-. '111c Cily On -llllled ID niad ~ BiU No. 5 by tide: COUNCD. 80.L NO . 5, INTRODUCl!D BY COUNCIL MEMBER HABENICIIT A BD..1. RJll AN ORDINANCE AMENDING 1TI1..E 5, CllAPTl!R 12, SECTION 4, ENGLEWOOD MUNICIPAL CODE 1915, BY REPEALING SEC'l10N 4 AND REENACl1NG A NEW SECTION 4 RELATING TO PAWNBROKERS . COUNCO. MEMaD 11.AaENICIIT MOVED, AND IT WAS SICONDID, TO APPROVE AGENDA IBM 11 (a) (I)· COUNCO. alLL NO. 5. Ayes : Coullcil Malbcn Halbnway, VormiU., Wigins. Habenicbt, w...-,. w~ Buras Nays : Noac ' ...... .. I· • 0 '32 x l ] • f.apewood City C-U Fellnaary 27, 1995 Pqe5 '· • • I • • Reaollllion'71. .... oi-... wdl it --undenlaDdiDg tblll tbcrc miglll be. call for. public bearing tonigbl OIi illlll ID the n:aolutioo -pollpCIIIOd Ullbl tbcrc -• public bearing. but. ..... tildlaway .... il ii OIi the qenda. ...... oi-t ... wdJ the n:aollllion ii aeparlle from the ordinance ID it ii really Council '• dloice if )'OU wam to ID aa-1. .. if die ,-lic l!cMiq ii___. in onler ii ii up ID you. but we am ID ucad ad 11.-dle saollllion allll ....... lfldlaway ... wc claa't llaw: a copy afit. erc.-.......... if I coald. TIie nmllllicm will aaly lib---., ID if )'OU,-dllt widl OIi die amd liae • die amd lelllilll afdle onlillace ....... Olaa .......... Dan. Brolmma. .... pulllic llearillg ll c-il'• dilcnlion. Burm. ..• Mr. oi-aid -bad. lac af .... Im ....... .., ..... wortillg widl die Pllllic ... die Cumber af C-ad ID if_, -.. ...a fDr a ,-lic i..ring .. dlen WC am 111M ,-lic Ulplll on the IICICOlld n:ading uy,ny ... l tlliat wc c:aajlllt pnllmll to die next item on the agenda. Council ootcd the agenda rdlec:ls tlllll a ......_ emHiwag reea !dative ID pawmbop openlion wa ID be ra:emd by Council ll dlis ....._ 0.:--caaed. A.....-City Altomcy Braamaa adviled that the n:aolutioo will be atl'a:liYc ... appn,val -tint Nading ud will be lllbmittrd ll the - IIIClding and after approval af CoaciJ BiU No. 5 C111 fiaal leadillg. (ii) City Mampr Clark pawated a lfflW'eredllioo ID adopt a n:IOIUlion reprding Trolley SquaR ............. .1 IIIM a-ileml, dlis -ud die iaan tblll folloM ud dlis finl item ii a Council n:aolulion tblll ~ eaealially audlori7.c III to Clllcr into a promiaory note widl Dillon Compaaia IDc. wbidl ii a palail company afKing Soapen. And die a-afdlis note ii lhll die .... once we CIIICr into ii Ibey will mab die current clDed af lnlll. CXIIMlll to a promiaory lllltC in the amount af $481,000 and Dill and Qimpuy ~ 1Mb 40 qaanerly ..,_ to die City afEnpwood for S7,200 plus 10 an-1 paymcllb afS20,000 CID April I• afa:11 year. Aad dlil ii a coedilioa .. die Dill and Owpanies acquiring the Trolley 8quaR pnipaty dalinc CID ii Wn Jaly I af 1995 . In addition Ibey 111M aed ilr approxiaalely, .... dlcy MW aed far $200,000 afbp. ml dllt $481,000 and ID the City -W dlen make a lllDlfcr .-,.... i.:t ID diem in die -af S20,000 per year for 10 yan pn,vidcd tblll Ibey ~ ID apcnlC die King Soapen pacery IIIDle CIII tlaia lilc llr the length af the 1CD yan. Tbe lbllowing item will be M onliaaace wllidl '*-' die ftnt clDed aflnlll on Trolley Square. This ii a clDed af lnlll tblll c:unmly accna ID the current owner and dlis will lllM to be lifted and replaced by the promiaoly note. The resolution -aaigned. IIWDber and rad by title: RESOLUTION NO. 26, SERIES OF 1995 A RESOLUTION RESTRUC11JRINO 11U! CITY OF ENGLEWOOD'S PROMISSORY Nam ON TROLLEY SQUARE . COUNCIL MEMBER BATRA WAY MOVED, AND rr WAS SICONDl:D, TO AnllOV& AGENDA ITEM NO. II (a) (ii) -HSOLIJ110N NO. 2', suua or 1"5. Waldman ... .! jult 111M a question. You kmw wc pul cm tbcrc tblll dley-W mab 10 an-1 ..,.._. oUl0,000 on April •• af cacb year, but wben we mab our pmymea i.:t tbcrc ii cmc note clltc for lhll ' ...... I . • 0 .,. \ I I' 'f . '32xl • I • ... -- ~ ,w I\) X - / 0 l . • ) . ii I J ~t ::1 tilt., l'il' I f"iff ~ i •i: 'l'J~ ~',lilt'• i J(f.j iii f , , , I at , i ! , l , ; 1, l ~ i 1 · 11 ~, ~ 'I, 1· .:11 • i 1 t i:; l I =1 J.li f ! iJ.f I 'Ii l 1 ~4t L l I dH I ;!If ~g j 1 1 J!,tr -~1 ,1 1 I r'l ~1 r!f 1 1J 1lllir[ ,·~~ !i . 11 ~ !f 'Ja, t'llf ~ r I oh :lrn~ r:!!,pJ . !t1 I ~ , I Jrtt 'Pi i ;j~!-~. 1·1 'r!l :UJhi I HI f. I f. 111 ··1: 1· J· ··J ;t f ~ i ,,1 I . fl f I i 11 ' l i ti i ~ l ~ I I e ; Ii l !. s .8 I f · 1 rt s .f 1 8 ! 1 f iJ f l :I l i i· ! ! j.f ~ . 11: I f I 11., •· rl 1; f f 1· s.f I 1 's i ! t ~ I 111111 ii!~! I I1!r l]:~ilif 1i11r11f1 lfi f f t··t' 1''1' r··II _,, i , fl1rr((11 It r i (' !l a.!Ja.J s ·ra.• •l:i 1 .. ,1 flR•·f.1 .Jl f "i! · a. f i ( f •· . ff f II t & f f~ f · . ft I if~ · 1 t i' j j c5 f-:! s 1 • ~ If J I!: a r ii s •. I I e .. i" t r , -; I l ( f I i , J J. •· : . l '1' }! t ! 11 J I I s r Ii r r it f 11 l l I~! is f 'If : ! r r ~-: r If .. • l1 If i 18 i i r , 1 r ,·· t r Ii i ~ i. , l I h 1 , J, ! d I f 1• 1_ i I i"i.:i !1S... ·=-~ 11,~~ rJ,•ri1sl I l .:J~,, 11 1!1 1 i ~1~ rsr ll(!j !J. l r =: ··1 • a · f 111 ff f a. = Iii • , • • F' ,' I . ' .. . ~ • ... I • • • • <, Sullivan ....... -MfP)Ciwd ..... IDd I mnd ClClffllClal ... is the clec:tilling balwlc...... That ii what w .... my Riding of the ordinance mdic::lted lfll!ldhina clle. Bat die flKt of the matter is what - Defl)tilled w a clcdillillg bllw:c lqiaaillg • S20,000 a year. So Mr. a.tr. is riglll. At the cad of 5 )CUI the IUlal W of in ti•+ t --W be S!00,000 ad • $200,000. Bat t c:aa 1ay dlll Killg's is 11111 UMlllilla a I ••it! .__of_,-ill the lipl ID lcMoe ia 5 )CUI. Tlleft is a •• r'MI e of oppol1mlily a Ilia boxCI ill the City ofEapwood...,,, ad w11et 111e CitJ ._.,.., ii aadler empty box IO ... we -aeldaa tllil ia.W ID..,.• a,.. afdlil . y ..SI -W ¥elDle to lay dlll we an: 11111 piDg ID have -1i1JDd our COil iato tllil pnijclCl ia die aexl me years. Hedlaway .... ,-, tioaor I -.Id lib ID call a die ...... Ayee : C.ow:il ...... .........,, Vanaiaal, Wigial, lflllelliclll, W...-,,W.....,Bllrm Nays: ~ Motion carried. (iii) City Muepr aadt,..... a NAIIICIIC 1-lelllir' ..... lic:.mm fna die City Muepr to edapt • bill -.. ..._ aqanliag 1'nlUey Sqiaele. '111c City Ciak w med to rad CGuncil Bill No. I by tide: COUNCIL Bll.L NO. I, INl1lODUCED BY COUNCIL MEMBER HA111AWAY A Bll.L FOR AN ORDINANCE RELEASING 11tE FIRST DEED OF TRUST ON TROU.EY SQUARE DUE TO 11tE RESTRUC11JRING OF 11tE PROMISSORY Nam Wffll 111E Dill.ON CX>MPANIES, INC. AND 11IE PROPOSED REDEVELOPMENI' OF 11IE 5rm COUNCIL IIDDER HATHAWAY IIOVD, ANlt ff WAI SECONND. 10 Al'l'IIOVE AGENDA l1'UI 11 (a) (Ill) -COUNCIL IIILL NO. L Ayee: C.ow:il ...... .........,, V ....... w--. llaaicllt. w..-.w ....... ... Nays: Nae Tlleft-ao additioeel ._ ......... _..,_.. _ __.--.. (See A,-1a a.. 10-CW Apllda.) 12 . c.--.11 .......... (a) Mn,o,'1 Cllaice Due IO die Special Media& W tllae w ao dill:tlllN• •. ' ..... I· • 0 , - l:.&kw ... City c-u l'ebnaary 27, 1"5 ••• 13. a., .............. 14. a.,~· ..... • • (, Dae IO die Special Modillg W dlll'e W • di-=-ioe ••••• ... COUNCIL IIDIWD BA'IBAWAY IIOVD, AN9 IT WAS RCONm, TO CONTINUE 'ID S11JDY satllON IN AN EDCU'l'IW ISSSION TO CONIIINll A RIISONND. IIATna. 15. MJw A,m: c-:il....._.........,,v......._w.....,11• ·-... w...,_.,w......_a.r. Nays: Nae COUNCIL MDmD BA'IBAWAY IIOVD TO ADIOUU. ne ...... ..,._ It 1 :11 p.a. CityClcn ' . . . , .. I . . 0 '32xl • • • • MARCH 6, 1995 REGULAR CITY COUNCIL MEETING • 0 . ' .. I . . 0 \ f t;.