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Home My WebLink About1995-11-06 (Regular) Meeting Agenda- • • • • .. ' y COUNCIL MEETING REGULAR CIT NOVEMBER 6, 1995 •. ' • 0 • I· • 0 - - • ,.. • , . ·, • t. ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Cd to Onler The regular meeting oftbc Englewood City Council -callod IO order by Ma)'OI' Bums al 7 :3S p.m . ••••• Ma)'OI' Bums c:allcd for a moment of silence for lsradi Prime MiDi11er Yitzblk Rabin. who was assassinated this weekend. 2 . ._.... The iDvocalioa was gi_. by Council Member Wiggins. 3 . PWI!., Alle&i•ett The PlcdF of Allegiance -led by Ma)'OI' Bums. 4 . ReUCel Prclcnt: Council Members Hedlewey, Waldmen. Wiggins, Habenicht, Vormittag. Waggoner, Bums Ableot : Nooe A quorum -praeat. Also pRIClll: City MeJl9ger Clark City Attomey Brotzmell Alliltul IO tbc City MeJl9ger OrallC City Clcrll Ellis DiRdOr Faede. Ulililicl OpenlioM Ma-., Kavi'*y MeJl9ger Simplll8, Ncipllaltlood ud Busi-Dnclopmall S. Mi.ta (a) COUNCIL Ml.Mal.a HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THI. MINUTES or THE REGULAR MErnNG or ocro•n ... 1"5. Ayes : Council Mcmbcn Hedlewey, V«mittag. Wigina. Hlbeaic:llt. W,uoacr. Waldawl. Bums Neys : Nooe 6 . ' . , I . • 0 I - Ea&tewood City Council November 6, 1995 Pase2 • • • , . (a) Ken McDaniel, President or the Englewood Elks Clowns, disamcd the Elks Club's Sanla Claus Program. He llated lhal hW years ago, when Sula Claus was pullod from the mall because or dea&b lhreats, was the year the Englewood Elks Clowns volunleeRd to help. Mr. McDaniel advised they a>ntinucd the Santa Claus Program last year, advertising through the use or flyers and polterS which a,st approximalely $200. He noled over 2.50 c:bildrea came by to aee Sula Claus ... year and each c:bikl recciwd a helium balloon and a bag or candy. Mr. McDaniel explained that the Elb Clowns footed the bill, which they paid for by a>llecting aluminum CIIDI, scrap iron, de. He uked for c.ouncil '1 support or the program. noting that they do not imcnd to produce pclllCII this year as that was their bigest expense . He tilaled they would like to advertile in the Englewood Herald but they cannot afford that . Mr. McDaniel advised they hope to go to the five elemenwy ICbools witb flyers tbal the kids can a>lor . COUNCIL MEMSER HATHAWAY MOVED, AND IT WAS SECONDED, TO CONTIUSUTI IN-KIND SERVICES UP TO S2II TO PIIOVIDE THE PIUN11NG AND MATEIUALS FOR THE FLYERS FOR THE SANTA CLAUS l'ltOGRAM or 'l'1IE El.XS LODGE. Discussioa ensued. Mr. McDaaid advilcd dial diey need appn,xilllady 1500 Oyen. Counc:il Member Habeaidll il,gclled dial Oyen be made available to the Englewood Reclalioll Calla and Englewood Public Ubraly in order IO lad! die c::laildrell or pre-school •. Council Member Hadaway DOied IDlcrfaitb Task Fan:ie .._... allO .. -flyers and that a few extra Oyen can be printed IO be distributal by tbe Eaglewood Elks .. they -fit. Ayes : Cauacil Members Hathaway, Vormittag, Wiggins, Habeaidll.. Wagoaa-, Waldman, Bums Nays: Nme 8. c, 1 frldioe1,Pradaeadeee•AHI' C ,, 11lrR wen: no a>DUDunications, proclanwioas, or ...,.. • .-.. 9. ...UC Hearfa1 No public bearing was ICbeduled before CouciJ. 10 . C-tAFNA COUNCIL MEMBER WAGGONER REMOVED AGENDA ITEM •• (a) (f) raoM THE CONSENT AGENDA. COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (ff) ON rntST READING. (a) Appn,Yt on Finl Reading (ii) RESOLtmON NO . 63, SERIES OF 1995 . . "' - I . .. I . • 0 I ] - • En&iewood City Council November 6, 1995 Pagel • 0 • I• A RESOLlITJON AlTlllORIZING 1lIB ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT 11ffi ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 13, 1995 THROUGH DECEMBER 18, 1995 . Motion carried . Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : None (i) Council Member Waggoner queslioncd Direc:aor Fonda as to whether the Buell property, at the southeast comer of'Univcrsity Boulevard and East Hampden Avenue, is included in this agn,cmcnt. Mr. Fonda staled that it is and it is also in the Cbeny Hills Villqe Sanitation Dillrict. In rapomc to Mr. Waggoner, Mr. Fonda aJllfinned dial the owners of the Buell property rdillOd to aaisl in the ooostruction of the sewer line down Floyd A\'CIIUC several years ago . Din:dor Fonda lilaled he does not know what their reasons were for not participating. Direc:lor Fonda explained that, euentially, this~ says the City will take over maintenance in a small district in Cbeny Hills Village. Chcny Hills Village is DOW taking OYer the ownership of those facilities and Englewood bas agrcc,d to go in and do the sewer flushing for them . He staled the City does not hhe to, bul we ha\'C agrcc,d that, if they request it and the City agrees, then, the City can flush the sewers anywhere in the City of Chcny Hills Village. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 10 (a) (i) -COUNCIL BILL NO. 71 UNTIL THE BUELL PROPERTY IS REMOVED FROM THE DESCRIPTION. Direc:aor Fonda staled that this may jcopudi7.C the take OYer of one of the major districts. Council Member Waggoner ukcd City Anorney Brotzman if this council bill could be amended this evening to remove the Buell property. Discussion ensued. Mayor Bums m:allcd there was an overture because of a current. possible development of' the Buell property just a few months ago regarding servicing of that property. Direc:lor Fonda aJllfinned that is true and they were told they cannot get service through the line the City built Mayor Bums lilalcd he under-.ood that was a qUCllion of the capacity of the line. Mr. Fonda lilalcd the City would ha\'C to ia1udy the situation and let them know that it is cenaialy a possibility Iha& they could IIOl go lhal way . He llated the Buell property could go north illlO the l>aMr l)'IICIII. or be lifted the Olher way and CX1111C down Lillle Dry Creek or the study may show that there is a little bit of room . Mr. Fonda said the City just put them OD IIOlicle lhal they CUIIOl bank oa lhal. Mayor Bums ukcd if the inquiJy was made by the cle\,doper or the City. Direc:lor Fonda lilalcd they did not 1111111c an inquiJy, lhal wben the City found ouc they MR doing that a letter was ICllt and they made note of die fact thal there may not be _. service in thal direction down Floyd Street . Mayor Bums asked if the situation Council Member Waggoner is talking about has anything to do with what is going on DOW. Direc:aor Fonda lilalcd he does not heline this would obligate the City to rcc::ieive flows from that as they an: put of the Cherry Hills Village Sanitation Dillrict, and even though they an: in the Village, the Village has not taken OYer Iha& dillrict yd. Mayor Bums ClOIIUIICllled that the City gradually. over time, is taking over some ofthele districts. Director Fonda lilalcd this is the City's masaer agrc,ement that says that anywhere within the city limits ofCbeny Hills, if you take one ewer, thcll this contract applies. ,. - • . ' I . • 0 f 2 I - En&tewood City Council November 6, 1995 Pa,:e 4 • • ,. - Mayor Bums asked if this agreement will require the City to service it OD reqllClt . Director Fonda &aid yes it will. COUNCil. MEMBER WAGGONER WITHDREW HIS MOTION TO TABLE AND COUNCil. MEMBER HATHAWAY WITHDREW HER SECOND. The oouncil bill was read by title: COUNCIL BIIL NO . 71 • INl1tODUCED BY COUNCIL MEMBER HABENIOIT A BIIL FOR AN ORDINANCE Al1IHORIZING AN INIDOOVERNME1'ITAL AOREEME1'IT BETWEEN 11IE CITY OF ENGLEWOOD. COLORADO AND 11IE CITY OF OIERRY HllJ.S VILLAGE, COLORADO FOR 11IE MODIFICATION TO 11IE WASTEWATER CONNECTOR'S AOREEME1'IT. COUNCil. MEM81.R HAalENICHT MOVED, AND IT WAS SIECONDIED, TO APPROVE CONSENT AGENDA ITIEM It (a) (I) ON FIRST READING -COUNCil. aUL NO. 71. COUNCil. MIEM8ER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND EXHIBIT A TO UCLUDIE THE PROPERTY ON THE SOUTHEAST CORNER o• UNIVERSITY AND EAST HAMPDEN A VENUE KNOWN AS THE BUELL PROPERTY. Council Member Habenicht ubd Director Fonda if be fdt that by IIIICllding this in this way the City is still okay with what they AR working OD right DOW. Mr. Fonda ldvilcd that this •mcncl.ut is okay • it does not include the district they AR working OD DOW ud they will be able to -fonnrd. He aHIIIIICDtcd that this is sun: to be • bot topic m discuaion if ud when the Village is poilcd to lake c,ya the Cherry Hills Village Sanitation Diltrict m wbic:11 that Jud is a put. Mayor Bums noted this is a bot topic in Cherry Hills VilJaF. Dira:tor Fooda mtcd that this ammdmaoc may c:aa • ripple 11111 it will DOt kill wbat -AR trying to do with this agreemeat . Council Member WiuiDs mtcd lie wanted IO mkc an. ud 11181 die Cily AIIOnley qna. 11181 by Council Member w....-,·nm d c s die Budl pnipcny does DOt -Ullder this• all. City Aaancy ~ llalCd dial is comc:t. dial Exllibit A will lie .-lied to DOt iachldc tbe pnipcny ad rdloa tbe motioll. V• realla• die I I II I C: Motion c:arricd . Ayes : Coullcil Malllal Hadlaway, Vormiaaa, WigiM. HllbeDidlc. w...-,.w ............. Nays : Nolle v.c.e '-"' • Cwl N Ne. 71 • 1rrdrll: Motion c:arricd . Ayes : Council Malllal Hadlaway, v--.. Wigim. HabeDidlc. w...-. w ....... Burm Nays : Nolle ,. - .. I . • 0 , ? I • En&lewood City Council Nllftmbcr 6, 1995 Paie5 • 0 • I• COUNCIL MEMBER DATHA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), ud(U) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO . 59, SERIES OF 1995 (COUNCll.. Bll..L NO. 68), INJ'RODUCED BY COUNCll.. MEMBER HAlllA WAY AN ORDINANCE APPROVING SUPPLEMENT NO. 127 TO 11IE SOlITHGA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT Wllll 111E CITY OF ENGLEWOOD, COLORADO FOR 11fE INCLUSION OF LAND WITHIN 111EIR DISTRICT BOUNDARIES . (ii) ORDINANCE NO. 60, SERIES OF 1995 (COUNCll.. Blll.. NO . 69), INTRODUCED BY COUNCIL MEMBER HAlllAWAY AN ORDINANCE AUTIIORIZING A RELINQUISHMENT AND GRANT OF EASEMENT AGREEMENT BETWEEN 11fE ENSOR'S AND 11IE CITY OF ENGLEWOOD, COLORADO . Ayes: C.ouncil Mcmbc:rs Hathaway, Vonniuag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays: None Motion carried. I I . Onlia--, Raolatioa1 ud Molioll1 (a) Approve on First Reading (i) Operations Manager Kavinsky presented a recommendation from the Department of Public Works to approve the bid of Grinnell Fire Procection in the amount ofS77,957 for upgrades to the City Hall Fire Sprinkler System. He advised that this is more than the amount budgeted for the project. Consequently, he asked that Council appruprialc u additional $9,637 in the Public lmpnMmcnt Fund 10 a,mplclc the project. Mr. Kavimky pointed out that they an:: not proposing doing uything to the C.ouncil Chambers or the main library at this time. Thole areas will be addn:aed at another time after completion of a .,.:c utiiiutioa llUdy . He explained that all other offices in City Hall, which is about. third of the building. is sprinkled. The Rill is DOI. Tbis will belp bring the building up IO code and should lower the fire insurance. Mr. Kavimky noted that part of the building his tprinldcrs, bul they an:: up in the original ceiling. Discussion ensued. Council Member Waggoner asked what happened IO the sprinkler l)'IICml that an:: up higher. Mr. Kavinsky lilated that Grinnell did all the original work and all the remodels. He advised that Griudl aiao drew up the spccifacations on this particular project. u a ICplnlC entity, ~ng that they may not get the bid . Mr. Kavinsky noted that their propoal WU IO drop the cxilting sprinkler down and U1C the system because the piping coming into the building is already sized for that. They will havc to i.ncrcuc the sil.C of the pipe in the new arcu. This alao. he advised, puts a badlflow ~ into the valve room for the sprinkler system which docs not exist now . Mayor Bums asked if this is one n:aDI why their bid is less. Mr. Kavinsky said that is partly 1n1e u they have done all the wort in this building for the last ten years or so and they an:: familiar with the facility . ' • ..... "' - I· • 0 - - • • 0 I • • Englewood City Council November 6, 1995 Page6 COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE BID TO THE LOW BIDDER, GRINNELL FIRE PROTECTION, IN THE AMOUNT OF $77,957 FOR UPGRADES TO THE CITY HALL FIRE SPRINKLER SYSTEM. In auponse to Mayor Bums, Operations Manager Kavinsky confirmed that a vote in favor of this motion includes the additional $9,637. · Motion carried. Ayes: Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Waldman. Bums Nays: None (ii) Direclor Fonda prclClllCld a recommendatioo from the Littleton/Englewood Wastewater Treatment Plant Supervisory Comminee to approve, by motion, the bid of Woody's Welding, in the amount ofS32,975 for the fabrication and installation of metal staiJS and platforms at the Plant. He noted that the bid exceeds the amount budgeted by approximately $7,000. He attributed that to the fact that the original project estimate did not include the n,quirement for aluminum rail anodizing and fluctuating prices of aluminum products. Mr. Fonda pointed out that only one company chose to bid, which he feels is reflective of bow busy people are in the area. This will provide a safer access all the way around the plant He advised Council that even toough this project exceeds the budgeted funds, it will have no adverse impact on the over-all budgd. Council Member Hathaway asked. as the Capital Outlay Request indicates the approximate date of purchase as the summer of 1995, if they will be able to get it done this year. Mr. Fonda stated it may be done by the end of the year . Council Member Waggoner asked if the full cost of this will be shared. He advised it will be shared 50/50. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE PROJECT FOR THE FABRICATION AND INSTALLATION OF METAL STAIIIS AND PLATFORMS AT THE LITTLETON/ENGLEWOOD WASTEWATER TllEATMENT PLANT TO THE LOW BmDER, WOODY'S WELDING, IN THE AMOUNT OF SJJ.975. Ayes : Council Members Halbaway, Vormittag. Wiggins, Habenicht. Waggoner, Waldman. Bums Nays: None Motion carried. (iii) Director Fonda presented a recommendatioo from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance amending the Wuewater Utility Ordinance relative to grease trap inten:q,tors. He advised that the Wrus and Sewer Board dilCUIICd this in a great amount of detail and this is essentially what Littleton bas paam. It will cover the entire drainage basin and mostly affect the outlying, smaller districts as the City bas pmty much done all of this anyway. But they have found that grease can be a problem down at the plant and alao when it gets in the system . The only thing that the Englewood Water and Sewer Board changed from what Littleton is doing is they indicated that exceptions would be granted for variance by the Director of Utilities with the approval of the Water and Sewer Board. He advitcd that the Superviaoly Comminee believes it is a ,ood idea to have a pan-time position to assist small districts. Mr. Fonda stated this limply establishes the n,quirement, implementing it is something the Supervisory Comminee will do . ' - "' - • . .. I • • 0 '32 x l - Ea&lewood City Council N-ber6, 1995 Pqe7 The Clerk was asked to read lbe counc:il bill by tide: • • • COUNCIL BILL NO. 70, INTRODUCED BY COUNCIL MEMBER WIGGINS .. A BILL FOR AN ORDINANCE AMENDING 11IE W ASTEWA'IER lTl'ILITY ORDINANCE Tl1LE 12, OIAPTER 2, SECTION 4, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985, Wl11f 11IE ADDmON OF A NEW SUBSECllON F, ENITJ1.ED OIL AND GREASE IN'IERCEPTOR INST AILATION. COUNCU. MEMBER WIGGINS MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (W) • COUNCB, BILL NO. 7t. Direc:&or Fonda, in rapomie to Couac:il Member Wagoac,, aJllfirmcd 1h11 this only afl'cc:U die Englewood Sewer Scrvil.le ua as Littldoa is adapliDg one that is almolt idenlical and -. their ara. Council Member Vonnittag askcd if this is somedling dlll will be put into a rescaurant or IO!Ddbing tbat is out in lbe llRlCt. Director Fonda advii1ed tbat it would DOl be out in lbe street. it could be in lbe building and it would have to be aooessible so a truck could come by and pump tbcm out. Mayor Bums asked if there is any a,otn>l or regulation about bow oftm Ibey sbould be pumped. Director Fonda stated that will vary, although Ibey will know if they are DOl doing it because Ibey will find lbe grcuc IOlidificd downstream. He advii1ed tbat Ibey clean all lbe sewers in Englewood eve,y year and if Ibey -a large deposit or grcuc Ibey will follow it. Council Member Hathaway asked if there are wry many in the Englewood area right now that have not complied. Dircc:tor Fonda advised tbal in lbe City be feds that allllllll eves,one bas aJOIPlicd and lbe districts have been brought in as this -developed . So lbe larger dislricls are behind it and lbe smaller districts will gi~ them • helping band. Qiuncil Member Halbaway askcd if there are any EPA guidelines die City would be violating if they did DOl provide this program. Director Fonda did DOl feel dlll is a lerious CXllllideration . la rapomie to Couac:il Member Vormiaag. Mr. Fonda advilDd dill if a ....._. werc to apea in Cbeny Hills. this will roqum Cbeny Hills to n,quile lbe developer to put a pate bap in. Mr. Fonda 1111C111 dlll lbe City does impcctioM out in lbe dilllicts uyway ud this will niqaiR diem to call die City for impcctioM. Dira:tar Fonda, in rcspomc to Couac:il Manber Wagoac,, IIOllDd dlll die dillricls ~ to imlall graae trap1 because our requirements through our a>ntraas with tbcm bcc:omc their minimum rcquiremcnts. Motion carried. Ayes : Council Members Hllbaway. Vormiaag, Wiggins, Habenicht, Waggoner, Waldaan, Burm Nays : Nooe (iv) Manqcr Simpma pn:aclllcd a rccommeadatioll fnlm Ncigbborhood ud Busi.a ~dopa-a to adopl a raolutine appnMlll 8 pnipmml aeced--to TIie Mam Plawd ~elopmeat. He IUlcd tllll all Couacil iequelll ~ been _. oa this particlllar PlaMed Dcwlopacat. The raolution -assigned • number ud read by tide : ..... .. I . • 0 f ~?x - • • • En&lewood City Council November 6, 1995 Pagel RESOLUTION NO . 64, SERIES OF 1995 • • • • • A RESOLlITION APPROVING AN AMENDMENT TO 1llE MARKS PLANNED DEVELOPMENT . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) -RESOLUTION NO. '4. Council Member Habenicht thanked everyone for addressing Council's conccms. Motion carried . Ayes : Nays: Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Waldman, Bums None (v) Manager Simpson pRSCllled a recommendation from Neighborhood and Business Development to adopt a resolution approving a propmal amendment to the King Soopen Planned Development. He stated s&afHollowed up with the de\'doper on Council's concern regarding the gnm strip replacement. Mr. Simpson advised that they were not able to find a location within that parking lot to rq,lace that gnm. 1be site plan does rd1cct the llnlightened sidewalk as rcquesaed . 1be resolution was assigned a number and mid by title: RESOLUTION NO . 65, SERIES OF 1995 A RESOLlITION APPROVING AN AMENDMENT TO 1llE DIILON COMPANIES, INC . (KING SOOPERS) PLANNED DEVELOPMENT. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) M -RESOLUTION NO. 65.. Manager SimplOII. in response to Mayor Burns, confirmed thal there is DO landlcapiag rigbl II the n.l on either side. Mr. Simpmn explained that this alDC'lld_.., addrewl the -1lnwal coraer aad does not address the pn:vious Trolley Sci-or King Soopen Planned ~dopmcnl. He CIOIIIIIICllled that, fflllll the SWldpoint of landscaping on thal property. it Wl'Ulcl hfte been bcacr to ,ct it on thll earlier Planned Dcwlopment. Mayor Burns noted the n.l looks a little bam:a. Mr. Simpma lllled be IXlllld ID bai:k aad talk to King Soopcrs one IIIOR time. He noted there is very little be can do rqulalorily, bul perllapl be coufd request, as a good corponte citi7.en. the possible introduclion of a few DIOR llnd tna. Council Member Habenicht noted that she has visited with dill'erml people in the City who hfte been commenting on the development and rcdevefopmenl aad there are bacb pro and con CIOIIIIIICIIII. However, she advised that one comment that has been praty comillal is people hfte indicated that they IOlt of miss the shade with parking there. SIie wondered if they~ allllider, even within the parting lot. planting a few big shade trees at some point in time . Ms. Habcnicbl noted that Mr. Silllplllll mipt be able to suggesa that they consider this in order to enhance their business. Council Member Vormiltag asked Mr. Simpson if be knew wbal business will be l')iag in thal corner. Mr. SimplOII stated he does not "-but he will advilc COUllcil • -• be "-5. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht. ' . . .. I· • 0 '32xl - I' • • C • Englewood City Council November 6, 1995 Page9 • 0 • Waggoner, Waldman, Burns Nays : None Motion carried. • •••• I• Mayor Burns explained that he is the Chairman of the Englewood Housing Authority and Agenda Item 11 (a) (vi) bas previously come up before the Authority . At that meeting he abstained from any or the discussion or voting on this matter knowing that it was later to come before the City Council. He advised that he discussed his position on this with the Authority and he is taking the same position with Council. As the offer for purchase is actually less than the City bas in the property, this can be construed as a good deal for the Housing Authority and a 1111( 111 good deal for the City dcpcading OD your viewpoint. which be feels put him in a conflict of interest. Mayor Burns staled that be bas asked Council Member Habenicht. as the Mayor Pro-Tem, to chair this portion or the meeting and be will lcavc the Chambers during this discussion . After Council bas made their decision, be suggested they call a recess and be will rejoin Council for the rest of the meeting. (vi) City Manager Claltt presented a n:alllllllClldaon from the City Attorney and the City Manager to adopt a resolution authorizing the Englewood Housing Authority to purchase the properties located at 3400, 3,410, J,420, 3,42,4 and J,428 South Sherman Street for development purposes. The resolution was assigned a number and read by title: RESOLUTION NO. 66, SERIES OF 1995 A RESOLUTION AU11fOIUZING AN OPTION AGREEMENT FOR THE SALE OF THE CITY OF ENGLEWOOD PROPERTIES LOCATED AT 3400, 3,410, J,420, J,42,4 AND 3428 SOU'Ill SHERMAN STREET lO THE ENGLEWOOD HOUSING AU'J1IORITY . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -RESOLUTION NO. 66. Council Member Waggoner stated be bas a conccm about the City losing money on the property and be wondered if there is anyway from the profits from the sales of the property that the City can recoup some of the difference, ma)be on a percentage split basis. City Manager Clark indicated they have discussed this with the Englewood Housing Authority Director Malinowski and they did 1111( actually look at it from the standpoint or doing some cost sharing OD any profits from the sale. He staled be can talk to him about that . Mr. Claltt advised that when they develop the property they arc going to be looking at some outside funding sources and be will be preparing some grant applications. Mr. Claltt stated Mr. Malinowski indicated that in his research be will ICC if be can assist the City in recouping somc or the original acquisition and demolition cost, but there arc DO promises. City Manager Claltt advilcd that the fact that the City has on file an appraisal that was clone worked against us IS far IS selling it for cost . He pointed out that at the time that Council dc:cidcd to buy that property it was for a whole different purpose and they were willing to pay a little bit of a premium on it and then the original intent was that that would stay in the City· s ownership and be ulcd for pa,ting. Since that time we have idcalifled that that is no longer a need. He no(cd that when they did the appraisal over the summer months Council pvc approval to go ahead and ICC if the properties could be martcted. The City bas talked to the people al Craig Holpital IS far IS using this for disabled people but that is DO longer a viable option. So the Housing Authority approached the City and the purchase price is on the basis o(the market value appraisal . ' r: -·• ..... ,,, - I· • 0 - --- • • .. • ·, • .. E•&lewood City C•ncil N-ber 6, 1995 Pa,:e 10 Council Member Hathaway DOied that Craig Hospilal is DIil illleralcd in clndoping it dlcmld-. but they ~ always been interested in helping the City find dlMlopels lhal aJUld de\'dop die type m housing that Craig pa&icnls may IIOCld. SIie llated they feel it can be donc priYllely ad perlllpl the City can reali7.c 10111C profits similar to Pnijcct BUll.D. Ml. Hadlaway advised dill Craig t-a ck¥doper, they are willing to pul the City in coacaa with diem ad ~ di...t dlis with bath Dindor Mali-*i and Housing Spocialisl Nader. Ml. fladlaway QDIIIHIIC-d dull il llill nay bomme handicapped housing, it may end up being done pmaldy and the City 1111Y llill realize -mlbolc funds back that way . Council Member Vorminag asked City Mana,cr Clark what their inlCDlioas are to do with this land. Mr. Clark llated lbal ii was originally intmdod to be aft' .... pulwlg for the Malley Center. Mr. Vorminag asked why are they buying it liom the City. Mr. Clark llaled the Hauling Alllbority intends to buy it for lownbome~. In response o Council Member Vorminag, City Manqer Clart advised lhat there is a fair market appraisal mSI 12,SOO and dull is what the property is worth a is. Council Member Hathaway pointed OUl the -why the City bad Ill much COSl in ii is bcc:ausc m msl m the clcmolilion. Additionally. sbe noted. the City is CIOlllinuing to incur maintenance cost on that property. City Mana,cr Clart DOied that the City acquired fiw: properties with SlrUc:lUrcs and the City took it down to bare land Slalus. Council Member Vorminag asked what is the adYullfC to the City llD ldl the property at this price instead m sitting OD it and wailing for a bcacr price mam1. City Mau,er Clart said it would be an option to lit OD it Mr. Clart advilCd dull llaft' is n,ooz:rm e flag die pn,peny be di.-1 m and get it ckwlopecl. Council Member Hadlaway noted the pn,peny m been sitting for two and one half years . V.cenalll: Ayes : Nays : Abstain : Council Members Hadlaway, Vormittag, Wiggins, Habeaic:lll, w.....-.w ....... Nae Ma)'orBums COUNCIL MEMaEa VOllMl1TAG MOVED, AND IT WAS SECONDED, TO ADJOIJllN ,oa A BRIEF RECESS AT 1:25 P.M. Motion carried. Ayes : Council Members Hadlaway, Vormittag, Wiggins, Habeaidd, Wagoner,Waldlma Nays : None Ablenl : Mayor Bums THE MEE11NG RECONVENED AT 1:26 P.M. llallCall PRlall: Ablenl : Council Meaben ........,, W ....... Wigial, llllllaic:lil, Vormiaaa, w....-. a.r. None ,- •. .. I . • 0 , - - • • • • E•&lewood City Couacll Nowmber6, 1995 Pase 11 A quorum was present. (b) Approve on Scc:ond Reading COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA mMS 11 (II) (I). (II)_. {Iii) ON SECOND READING. (i) ORDINANCE NO . 61. SERIES OF 1995 (COUNCIL BILL NO. 65, INlllOOUCED BY COUNCIL MEMBER HA111A WAY) AN ORDINANCE FIXING TIIE TAX LEVY IN MILLS UPON EAOI DOLLAR OF TIIE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WJ11IIN TIIE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A MILL LEVY FOR TIIE ENGLEWOOD DOWNTOWN DEVELOPMENT AUl1IORITY. (ii) ORDINANCE NO. 62, SERIES OF 1995 (COUNCIL BILL NO. 66, INlllOOUCED BY COUNCIL MEMBER HA111A WAY) AN ORDINANCE ADOP11NG 1HE BUDGET OF TIIE CITY OF ENGLEWOOD, COLORADO, FOR 1HE FISCAL YEAR 1996. (iii) ORDINANCE NO . 63 . SERIES OF 1995 (COUNCIL Bill NO . 67, INlllOOUCED BY COUNCIL MEMBER HA111AWAY) AN ORDINANCE APPROPRIATING MONIES fOR AU. MUNICIPAL PURPOSES IN TIIE CITY OF ENGLEWOOD, COLORADO, IN 1HE FISCAL YEAR BEGINNING JANUARY I, 1996, AND ENDING DECEMBER 31, 1996, CONSTl1Ul1NG WHAT IS TERMED TIIE ANNUAL APPROPRIATION BIU. FOR TIIE FISCAL YEAR 1996. Ayes : COUIICil Melllbcn Hadulway, Vormittag, Wiggins, Habeaiclll, Waai,aer.Waldau,Buns Nays: Ne,- 12 . Gwral Dilu nl n (a) Mayor's Choice 1. Mayor Buras contrncaecd oa die llllXlCll mdle Holiday Pandc and tbaakod CWl)'ODC wbo participated. cspccially Allillalll to die Cily Maaqer Grace. die Pandc "-ialioa, Allllin Gomca, die PoliClc and Fire l>cpartmcals. He llllled then: -a very good him OU1 and it -a pleasure to be involved in it. 2. Mayor Buras IIOICd lhll ~ is Elcctioo Day and CIICIOUnpd everyone to wte if they ha\'C RO( already . He wished all die Council candidates good luck . (b) Council Member's Choice Council had ao additional lllllltcn lo bring before Council . .. I . • 0 ]- Ea&fewood City C..lldl N~6,1"5 Pqe12 13. CityM...,.., ....... • • • (a) City Maaa,er Clark DOied dial Council ~ a eopy of his~ Rcpon on Cinderella City in their.--_ He._.. lie did DOI~~ IO add IO_.., was dilCUlled in Exec:utn,c SCllion ... Met. He lllred if Council had any fllll:llioal. Council Member Vorauaac lllred ifdle,e had been any C1011tac1 llllde wi .. CillderdJa City in Ille pm,ious week. City Ma._, Cart ._. dlcre are lliJJ dilCUllioas IOiDI on bchiwa their 111on1eys and Ille City', allonleys. Mr. Cart Diled dial lie had laJbd to them a liale bit about Ille envinimne.J 11C1iYitia anJund Ille J.C. Peaaey Store and 11iey are llill doing 1Di1 lllllples. 14. Cley ___, ......... City Aaoniey Brotzman did DOI ~ any 111a11en lo briq befiJn: Council. 15 . Mjea...._ COUNCO. IIEMHJt BA TBA WA l' MOVED TO ADIOllltN. TIie 1Dee1iDa actiournec1 at 1:29 p .in. . ~14itf~ ~ . ' I. • 0 - .. • • . • ' '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 6, 1995 7:30P.M. 1. Call to order . r7-·g5~ MAYOR BURNS CALLED FOR A MOMENT Of SILENCE FOR Y11ZHAK RABIN 2. Invocation.IA/ 0~ 3. Pledge of Allegiance. /~ 4 . Roll Call .(/~ 5. Minutes. II - ~ 7-0 a. Minutes from the Regular City Council Meeting of October 16, 1995. ~ 6. Scheduled Visitors. (Please limit your pr ... ntation to ten minutes.) a. Ken McDaniel, President of the Englewood Bks Clowns, will be prennt to discuss the Elks Club's Santa Clais Program. APP1> 7-4 HATHAWAY MOVED TO CONTRauTE 9MC1ND SE1MCES UP TO DID TO l'IICMDE THE PlllilTING ANO IIMTYIALS FOR THE FL vats FOR THE IIANTA Cl.AUS P'llOCIIIMII Off THE IEUCB I.OOOE 7 . Non-Scheduled Visitors. (Pie ... limit your prnentation to five minutn.) £Y 8. Communications, Proclamations, and Appointments. v 9. Public Hearing . (None scheduled) jY Plwl lllllal If ¥GIi ._. • ._.,_.__......,_. .......... .., .. Qr., I 4' •••ODIIM• ...... howl ... ..a ................. n..11,-. --.... • .. I . . 0 ]- 1..-- City Council Agenda November 6, 1995 Page2 . ' <. • 0 I • • 1;J./ i. Recommendation from the Utilities Department to adopt a bill for an L(Jfr' "-O /I ,, 11 "'·. ~ 1 • prdinance approving modifications to the Wastewater Connector's 1 · r lA./J W ~reement with Cherry Hills-Village(. STAFF SOURCE: $te~.-t...Forldai, Jc~· . Dlrac:tor of Utlldn J..J,i /J.~ n1 1 1 /J /-~ / ~ti,. '!Ic7UJ.(.( Y...A.U 'IJJJ APP o 1-0 WAGGONER MOVED TO AMEND EXHIBIT A To exctuoe 'fHE PROPERTY ON fAE SOUTHEAST . CORNER OF UNIVERSITY ANO EAST HAMPDEN AVENUE KNOWN AS THE BUEU PROPERTY () ii. Recommendation from the Library Department to adopt a resolution Ki!,;)..Jft (/ 3 authorizing the Englewood Public Library to implement its annual 'Food b . For Fines•/;'Jr,-::..!~~~ SOURCE: Hank Long, Director of Llbrery Services. /V u._,q,L{U(/ Vf) Approve on Second Reading. d/fJ-./ f/-f) fk:tr ill/Jll,;f ~ ( O& /.'Ii 1 · i. Council Bill No. 68, approving Southgate Supplement #1 tf1 . ii. Council Bill No . 69, approving a Relinquishment and Grant of Easement with Ensors Turf Farm. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. ii. iii. Recommendation from the Department of Public Works to approve upgrades to the City Hall Fire Sprinkler System. Staff recommends awarding the bid to the low bidder, Grinnell Fire Protection, in the amounkf.i7j .. , ·"". of $77,957. STAFF SOURCE: ChatN Estarly, Director of Public Worlls.1 r~"rf, Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory CommittN to approve, by motion, a pro;ect expenditure for the fabrication and installation of metal stairs and platforms at the Plant. Staff recommends awarding the bid to the sole bidder, Woody's Welding, in the amount of $32,975. STAFF~: .. ,·-, Stew.-t Fonda. Dhc:tor of LIE w ........ T...-.. Plant./~~/ Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance amending the Wastewater Utility Ordinance relative to grease trap interceptors. STAFF IOUIICE: Stew.-t Fonda, Director of the LIE Waatew.-Tl'Ntl'Mnt 111ant(Jjl1~ Recommendation from the Department of Neighborhood and Business Development to adopt a resolution approving a propoHd amendment to The Marks Planned Development. STAFF IOUIICE: ~ -~· . ....... of Nalghbomood end •alneaa Dev1lapt11a1t. ~ ,a.-11D1r. If you haw•.......,_,__......, .... ---. ,aa....aMy .. Clly el E ... w ... (7'2-U71tll ...... houri ifl AdwMCeol ................... n-11,... .... . ( .. I • • 0 , ] 1 ,t ' City Council Agenda , !'<lovember 6, 1995 Page 3 • 0 • I • () 1 /. I 5 v. Recommendation from the Department of Neighborhood and Business f:::.M-B--µ;-ft? ,J 0 Development to adopt a resolution approving a proposed amendment to &If){!· r-7) the King Soopers Planned Development . STAFF SOURCE: R~ 1 A , , !l;imn•nn M11naaer of Neiahborhood and BuaineH Develop~.M'itJi MAYOR BURNS EXCUSED HIMSELF FROM THE MEETING DURING THE DISCUSSION OF AGENDA ITEM 11 (a) (Yi) . { / 0 . . Ja ./. /. vi. Recommendation trom tne l.;tty Attorney ano 111-, ~••Y IYlanager to adopt a 1..f/x;).f)-::P-(t){P resolution authorizing the Englewood Housing Authority to purchase the t d /.-(}-/ properties located at 3400, 3410, 3420, 3424, and 3428 South Sherman >f fl' 0 Street for development purposes. STAFF SOU~ES: Dan Brotzman, City { c.,;St"lt IIJ : ta o.)S. Attorney and Douglas Clark, Ci!Y Manager. (I~ lllu._i>t.,. ()b..~,, I) b Approve on Second Reeding.lWflilllPRlil'FEMIWl&NKliWM01EDFORABRIEFRECESSATl:25 /w.tJJ, t'-0 /.iA FJn ,(.;~~ ~ // /J-I) i.l f-ii; · THE MEETING RECONVENED AT 11:29 P.M. WITH All COUNCIL MEMBERS PRESENT vt' /~ At.. 1 ;~"""'VVV~ Council Bill No. 65, fixing the mill levy, and establishing a mill levy for the &7.J..~ ,(J)lf' &? / Englewood Downtown Development Authority. (J>°t!L 1f Jp"?' {?).... ii. Council Bill No. 66, adopting the 1996 Budget. (); d -f!--b(' (/ j iii . Council Bill No. 67, appropriating funds for Fiscal Year 1996. 12. General Discussion. a . Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a . Redevelopment Report on Cinderella City. 14. City Attorney's Report. /f ~/!MJournment . ~ '{) • The following minutes were transmitted to Council from 10/13/95-11 /02/95: • Englewood Non-Emergency Pension Board meeting of July 19, 1995 • Englewood Police Pension Board meeting of July 13, 1995. • Englewood Firefighters Pension Board meeting of July 13, 1995. • Englewood Firefighters Pension Board meeting of August 3, 1995. • Englewood Joint Pension Board meeting of August 28, 1995. • Englewood Liquor Licensing Authority meeting of October 4, 1995. • Englewood Planning & Zoning Commission meeting of September 6, 1995. • Englewood Public Library Board meeting of September 12, 1995. • Englewood Housing Authority meeting of September 27, 1995. Plew note: If you hAw a dlNbility ..t need audlwy aidl or_....,.._ nadfy the City of & ... wood (7'2•2370) • INlt 41 houn in advance of wt.. Nnica are needed. I"-,ou. ' ...... -• I • • 0 ]- J ; • • C• • ' <. ENGLEWOOD CITY COUNCD. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Octeller 16, 1'95 l. Call to Order The regular meeting of the Englewood City Council -called 10onlcrby MayorBums ll 7 :33 p .m . 2 . lawcatloa The invocation was given by Council Member Wigills. 3. l'Wme., Ale&iuce The Plcdp m Allegiance wu 1oc1 by Mayor Bums. Absent: A quorum was praenl. Council Members HalbaMy, Waldman, Wiggins, Habeaiclll. Vonninag, Waggoner, Bums None Also present: City Manager Clark City Attorney Brotzman S. Miaata Aaista11t 10 die City Manager Grace City Ciak El1ia Manager Silllpal. Ncipbortlood wl Busiw ~ cll)lla:nt Direc:lor ~ Fillancial Savica (a) COUNCD.MDRUBATBAWAYMOYED,ANDJTWASDCONDU,TO APPROVE THE MINUTES Of THE UGUIAll MD11NG Of OCTONll 2.1"5. Mocion carried. Ayes : Council Mclllbcn Hadlaway, Vomiaal, w.-. Hlllatic:111, Wagoacr. Waldman, e.ns Nays : None 6 . Sdie•W Viliten There were no scheduled visitors. 7. N-llledllled Viliton There were no non-scheduled visitors. "' - • ... I . • 0 - - J • • • <. ENGLEWOOD OTY COUNCB.. ENGLEWOOD. ARAPAHOE COUNTY. COLORADO I. Call to Order The regular meeting of the Englewood City Council -called to order by Mayor Bums at 7 :33 p .m. 2. lawcatioe The invocation was given by Council Member Wiggins . 3. Pledme of Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4 . RollCall Present : Absent: A quorum was present . Council Members Hldla1way, Waldman, Wiggins, Habenicht. Vormillag. Wagoner, Bums None Also present : City Manqer Clark City Attoney Broa- 5. Miaata Aaillul to tbc City Maupr Grace City Cat Ellis Mwpr SilllplOII. Ncipborllood 11111 BusiMa Dadopmcal Dircaor Orypewicz. Fiullcill Scrwa (a) COUNCIL MEMBER HATHAWAY MOVED. AND ITWAS HCONDU. TO APPROVE THE MINUTES OF THE UGUI..All MUTING or OCl'OU& 2. 1"5. Ayes : Council Mallllen Hldla1way, Vanaiaal-w--. Hallalidll. Wagoner, W.i-n, B11ns Nays : None Motion carried. There were no scheduled visitors. There were no non-scheduled ,ililan. ..... "' - ' ' I A 0 I . • 0 , 2 I - • Enl,letl·ood City Council October 16, 1995 Pacel <. • 0 I• - Council Member Habenicht wondcRd if it could be rcplac:ed with IOIIIC odlcr grass or landscaping. Mr. Simpson agreed that would be wonderful but be wu DOI sure, tonight, where that could be placed. He noced this could be reviewed and made as a possible amdition. Mayor Bums asked why the brick planters were dirninated. Manager Simpson noced be was not at that bearing. but, as be undcrs&ands it, Ibey felt the planters would not be keeping in cbaractcr. Council Member Waggoner ubd bow the ripa4'-way is addrellDd aloq tbe IOUlb lide or Floyd Avenue. He Slated tbcrc is IUppGlled to be a..-llrip for futuR Floyd A-rigbl4'-way . Mr. Simpson Slated be believes it is raeMld on tbe drawinp. on tbe Plalllllld De\oelapmlll ibdf. Council Member Habenicht ubd if tbe clevalionl OD tbe drniD& aR ........ clevalionl or die way Ibey will be with windows OIi the IIOl1h 111d IOUlb sides ortbe buildill&. wdl --die call. Maller Simpson Slated. as be undcrsaands Englewood's Planned DeYclapmeDI pn,ce11. lllolc aR tbe clevllions that .;11 be built. Council Member Waldman asked iftbcy will be sharing a common balbroom. Mr. SimpMNI llalod tbcrc arc two bathrooms provided in the site plan. Council Member Waldman questioned if the pn,poscd pad site building will be DOtions/retail • indicaled or rcslauranl/raail. Mr . Simpson said that the last be beard it ,... Fina to be a Baskin-RGl!bins 111d a Quizno 's. Council Member Habcnicbt ubd bow Council could pbrac a condilioll that would replace that four feet of grass with conc:rcte. but at the same time place that landec:lpcd area mmq,lacc die on the site. Council Member Wiggins ubd Council Member Habenicht wbeR on the p,openy sbc would sugest moving the grass area . Ms . Habenicht Slated she will leave that up to the Planners, landscape or architect experts. Council Member Hatba-,, pointed 11111 that it lllleS in number five or the recoauneodlliom rrom the Planning and Zonia& Commillion that ew:n witb the deletion or 11111 four foot piece or pas tbcrc is slill a net increase in the total ~ or l•nder,pina oa tllal sitc. Colacil Mem1er Habenichl llalOd 11111 when she suggcsaed it. Slaff felt it ,... a pJOd idea ID sbc would lille to.,..,_ it. Council Member Waldman COIIIIIICllled tllll. • be UDderawls it, die PlanDod Devdopmeal meeu landscaping requirements . He apllOd tbal ideally it would be WODderful to ftad a place to replace tbat grass strip. H<M-ew:r. be sugeslod tbat Slaff WOlt with Sullivan Hayes to identify a location wbeR tbat may be possible elsewhere on the site. bul DOI make it a ~. Mayor Bums iutod he would suppon that. • Ibey may haw: trouble ftndina another area for the arau . Council Member Hathaway llalod tbat Council did 11111 • COGlideralioa or part or the oripnal PlanDod Development which did DOC include this pad site . Sbe DOCed tllis is jull a revision to tbe oripnal Planned Development that includes tbe pad site u .,..,.S. Tbe oripnal Planned Devdopmeal jull shows tllis u • future retail site ' Ms . Hathaway pointed OUl tbat tbe landlcape requirements or tbe oripaal Planned Development arc llill met. Council Member Habenicht SUgeslod tbcrc miaht be a possibility that the pea aa:tion can be -.I back to allo\\• for the sidewalk . ... ,. - • . I . • 0 I - • Eackwood City Caaacil October 16, 1995 Pace, • 0 • I • Mayor Bums commented that the landscaping is up apillil the building ud the IOd area docs not have shrubbeiy or trees . Manager Simpson agreed to work with Sullivan Haye5 to clecenninc anodler location for the grass area. Council Member Waggoner asked. if the City decida that F1oyd AVCIIUC ihould be widcacd, will that take away more landscaping and is that a part or the n,quired landscaping. Manager Simpson lilaled. in that iDSWla:. it will take P'BY part of the n,quired lands:apiog. Mayor 8111115 ukcd if the landscaping along the north 5idc would be all'ected if F1oyd Avenue ii widened or a turn lane is added . Manager Silllplllll llaled it -id. Council Member HalbP'8y said there ii a four fOO( 5idcwalk there, IO under those cin:um51ancc5 the 5idcwalk would have to move back . Discussion ensued . Manager Simpson commented that this site has additional future expansion possibilities, Kaufman 's for example . At that time, additional land-ping within and surrounding the area can be addressed . Council Member Habenicht stated she docs not understand why it is difficult to find extra space for landscaping at this time and yet this site may be expanded at some time in the future and additional landscaping considered. Manager Simpson stated he docs not have an answer to her question, which is why he is 'l'illing to tiy to find another location for the grass . Council Member Hatha'l'"ay stated, in answer to Council Member Waggoner's previous question, that there was also a proposal to add some landscaping at the time they tear down the strip that included Anita's. if they do, indeed. tear it down . She noted that, if the timing works out and the right turn on Floyd becomes a rcalily at about the same time the strip COmci down, the net difference in landscaping is not going to be much . Council Member Wiggins stated he is conc:cmcd that Council is putting rcstrictiom oo King Soopcn, which the City would like to cna,ungc to remain in Englewood and C1C111tinuc to pow, and yet tbc landscaping south and north on Broadway is nil . He feels the City ii jamming the lands:apiJII requirements down King Soopcn throat. which he fecli is ridK:ulous . He staled it boggles his mind that Council is getting upset O\'el' 500 square fCICl of IOd u tbc area already loob better. Council Member Vorrnittag stated he agrees . Mayor Burns stated he thinks Council has indicated they arc willing to be flexible oo this . Manager Simpson stated staff 'l'ill work directly 'l'ith Sullivan Haye5 to see if the relocation of tbc grass area can be accommodated. knowing that the pouibility may DOI cxi•. Carolyn Gruber . Vice Prcsiclcnt/Gcncral Counsel with Sullivan Haya Brokcrqe, speaking on behalf of the applicant. liUbmittcd for the record the Certification of POiling. In response to Mayor Burm. Ms . Gruber advised that Quizno's is a pouibility as they arc very inleralcd holl'CVCr. tenants for the pad have DOI been finalized . It may be ooc mailer or two and probably food related . She indicated that they expect to have wortiag clmrinp oa tbc buildia& doac in tbc next day or two ud liUbmitted b)• the end of the week . Ms . Gruber llalcd that they arc in the procas of finalizing lcasc documents . -• ,. ~ • ' I • • 0 • E•ckwood City Council October 16, I~ P•5 • 0 • Mayor Burns asked if they will proceed with ClOIIIUUCtion while they arc negotiating with tenants. Ms. Gruber Slated that is her expectation . In response to Council Member Walclman. Ms. Gruber stated they may have one or two tenants. but not more than two . Council Member Vormittag asked thal Ms. Gruber advise the City Manager when she knows who the tenants will be and that in tum City Manager Clut advise Oluncil. Council Member Hathaway mentioned to Ms. Gruber that the Eapwood Downtown DeYelopmcnt Authority (EDDA) and their design c:onsullalll bas IWiewed this propoal ud it meets all of their qualifacations . Ms. Hathaway advised that there --concern oa the put of the merchants immediately across on Floyd Avenue as they thought they wcre lOiD& to be faced with another big brick wall , which the designs indicale is noc the case . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Mcmbcn Hathaway. Vonnittag. Wiggins. Habenicht. Waggoner, Waldman. Bums Nays : None Motion carried and the public hearing closed . (b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A PROPOSED AMENDMENT TO THE MARKS PLANNED DEVELOPMENT. Ayes : Council Mcmbcn Hathaway, Vonnittag. Wiggins, Habcoicbt, Waggoner, Waldman. Burns Nays : None Motion carried and the public hearing opened . All testimony was gi\•en under oath . Neighborhood and Business Devdopmenl Manager SimplOll lllled the applic:anl in this case is represented II)• Mark Windhager for Tnmmcll Crow Residential Savica. Mr. Simpsoa lllbmitted. for the record. Proof of Publication thal DOtic:c of the public hearing -published in the Englewood Herald on September 21. 199S . He staled The Marts isa high density raicleatial project built in the Ille 19IO 's . Generali) it has restricted accas. bcausc of its density. to the single family rcsidealial acipborboods to the nonh and •'CSI . Primary accas to this project is located II U.S. 21S II South Gilpin SUeet ud then again II East Girard A\'CIIUC II South Laraycuc . This project is before Council primarily due to thc fact that lillll' was made ,wan: in 1993 thal The Marts Dcvclopmcnt bad been divided by sale into two lots and ownership Pm--iously . one management company was overseeing the leasing of this entire project . He Slated it is no,o The Marts and The Marts West managed by two different c:ompanics . The Marts West has indicated a need for an additional accas into their project area and this amcadmcal is 1 recognition of that request . Mr. Simpson advised that the Planaiaa and l.oning Commission. on August 22 , 199S . approved this Planned DeYelopmcnt with the ODllditioa 11111 the City sball rcaerw the ripa to close this access dn\·c in the event I) thal their plC is continuously open ud not loop CIOlllrOllcd or 2) 1h11 the flo-· of traffic on South Lafa)'Ctlc SUeet is acptiwly impacted • a rault of this ac::aa *iw. He stated that lillft' rccommcnds thll Council appnl\'C this PluDcd Dcwlapmcal with the ODllditiom • they stand. • "' - I • • 0 , ]- • Eackwood City Council October 16, lffl Patr6 . . • 0 I• • Council Member Habenicht askcd if the proposed new access will provide bclter 8IXlCII for the City's fin: and safety equipment 10 the development. Mr . SimplOll llaled ii will. Ms . Habcaichl askcd if the Englewood Safety ScrvitcS people reviewed this proposal . Mr. Si111p11111 lilaled he bclicws they have as referrals were made 10 all depal'lmcnts . Council Member Habenicht asked. when the sale took place, if the City bad lo IICI in any way to divide that property . Manager Simpson llaled they did. Ms . Habenicht askcd if that would not have been • more appropriate time lo bring this issue to the Council . Mr. SilllplOll llid ii would have been. but at the time of the subdivision in 1993 he does not believe they WCR bcpnning to fed the afl'etU fl potadial rentals going to The Marks and not to The Marks West due to access into the site. It ,... llill Wider one management company IO they did not have the llilloly by ftic:11 IO judee the ~- Council Member Hathaway llked if this complex is• ill r.11 build oat. and wbelher anything ebc will be added in the future. II WU determined 11111 ii is II full build out. Council Member Waggoner stated that according to the plans this is an entrance only . Mr. Simpson staled that is correct . Mayor Bums asked where they will exit. Mr. Simpson advised they will have to circle around to the original exit on South Gilpin or Girud. Responding 10 Mayor Bums, Mr . Simpson assured him that there will be no exit at this location. that it is only an entrance . Council Member Habenicht asked about the City's right to close the access drive . She questioned how it "ill be detennined that either fl the two presaibcd c:onditions exisl tbll allow the City to exercise that right. specifically that the gate is continuously open or lhal the Dow fl trlffic on south Laf'ayenc Street is ncgati\'el)· impacted . City A11omey Brotzman responded that those two conditions came: from the Dcpanment or Engi~ng. He said if the gate is malfunctioning and stays open all the time, rather than closing after each car eatcn, it "ill be an easy condition 10 detenninc . Ms . Habenicht asked that it be specified what constitutes "staying open all the time." whclhcr 11111 mcans two months or u little u lhRe cars . City Attorney Brotzman staled yes tllcy can lalle CIR fl tbll in the resolution . In response to Council Member Habenicbl. City AIIOnley BRIIZllllll llid llle otllcr 111111Cr fl DCplMly impacted traffic no.., on South Laf'ayenc Street will lllOII likely be ddemlined by backup fl cars . Ms . Habenicht said she feels this should also be specified to pn,tec:1 the IUll'Olllldina neipborhoods . Mr . Brotzman said he "ill talk to the Traffic Depanmcna about the lllllter. Responding to Council Member Waggoner. Mr. Simpson llaled lhal the pie is controlled automaaically when cars dri\'c up to it. Council Member Waldman askcd for clarification u to wbal cxtcnl the ICCCII road will likely be IIICld by the residents 10 get 10 their homes and •·hclher it will be IIICld IIIOll often • the IIIOII ICXlCllibic entrance 10 the management office . Mayor Bums suggested allOMn& the pcrDII who lliped up lo apeak to IIIIWCI' lhcsc questions. • ,,,_ .. I • • 0 - • Easkwood City Ca.11dl October 16, lffl Pqe7 . ' • 0 t• • 81)'111 Thede. 1528 East Ginni Place. Divilimal Mai• n ere c.o.diW for Tl'IIIIIIICII Crow llalcd Trammell Crow has -.pd both pl!.-af'Tlle Marks lire dley-built. TIiey bad two lqllnlC owners but hive ah11-ays apeniaal • ODC prapcny . He acMm • die ale IOak pl.:ic in Ncwembcr 1993, but at that lime they slill ClllllliDIICld to--. both prapertiel. Mr. 1'llede llaled dlll lbe aew owners took awna,ement ic-boulc in May af this year wl CDNeqUeMly Tnwll CnJw UI TO CiCIIIIJOI OYer lbe front office. Abo, in order to pt to the clubboua MCR Ibey do die 1C111iDa, people IDllll c:irde all die way through the propcny either from Lafaycae and Ginni or from Gilpin wl lfalllpden . He llaled thi1 ii the reason they are requesting this. Mr. Thede llid Ibey..,.. to make die-an entrance oaly a Public Worts is concemed about the traffic oo Lafayeac. TIiey are jull llyina to make it easier to pl praspeclS to them because -they are a,mpcting apinlt Kimberly Woods ud TIie Marks . Mr . Thede feell they are at a major cconomic diadvutagc becaulc it is ID difficult to pl to lheir leaiDa office . In rapomc to Council Member Hatbaway, Mr. Thede lllled 11111 Trammell Crow llill 111U11C1 TIie Marlls West . Council Member Waggoner axnmented that be hopes the pie operates fairly quickly • there ii not a lot of saoragc room for uaffic before it would IWt backing out OIIIO Lafaycac. Mr . Thede adviscd that they will pt the quicltcst one l\'Ullble on the marliel . He c:oauncnted that the original design -kind af a quick tum into the propeny, but Public Worts made them lengthen ii and bring ii out and extend ii as much as they possibl)· could with the space they bad. Council Member Habenicht asked if there is any ltipulalion. thal if at some time in the future they would both be managed by same entity or the propeny would be brou&b& togctber into one. that that function would IIIO\'C into the propeny aa:eacd from Hampden and not aa:eacd from Lafayeac. This she c:ommenlcd would prolcel the neighborhood in the future if it should cbangc again. City Aaomey Brotzman Slated that if ii went back to one piece af propeny that would prublbly be an adminisuativc process. Council Member Habenicht asked aboul the possibility af a Cllllldition that this would be pcnnittcd oaly as long as it is serving just this one property. Council Member Hatha11'8y pointed out that logistic:ally thcR ii TO way to aa:as this property any other way other than thi1 pte. SIie llalcd that when you drive imo thal CIOlllplcx. nen if it becomes a merpd complex qain. thcR is Ifill the road sySICm which cxisls inside af thcR wbic:h is not easy to follow . Consequently. she did not sec where ii would ba\'C any impact one way or the other down the road if Ibey merge back together. They could just leave the pie clC*d pcrmucndy • that point in time, but she C'OIDIIICnled that she would consider that an adminillnlive dec:ilion on their put. Mr . Thede ad\'iscd that they agRCd to put in Sleel poles• both Iida af the dri\'C with Sled loops to ,wbcrc Public Worts could chain and loc:k this elf al any time af lheir clioaling if for any -they Qllled lllis access closed . Council Member Waggoner commented that this will be much the amc • the mid-way aa:as between Girard and Floyd . Council Member Vorminag Slated be does not -a prablem with this. Council Member Haahawly commenled thal die desip -to rellrict -if you are ..ting a left tum in10 this pae regulated area which she feel1 is pod • thcR are llingle family ~ on the west side . • ,, - • . I· • 0 ]- - • Eackwood City Couacil October 16, I~ ••• • • I• - Mr. Thede Slaled their sole purpose is to try and bring the traffic from Hampden IUlight around Lafayette, for approximately 120 feet. and then directly in. He nolcd Ibey clefinilely do DOC want lrlffic exiting at thal point. They still wanl people to exit at the two locations where they baw always exiled. Council Member Hathaway commentcd tbal ii does pay attention to the fact tbal it is a single flunily residential neighborhood across from lheR, wbicb bu always exislcd ICrOII from TIie Marks ClCJllllllex . She staled the residents in tbal area bad very ~ COllllel1IS wben TIie Marks complex -built in the first place. Ms . Halhaway DOCcd tbal area Ulcd to be in District I, it is no longer, ~ sbe bu not heard any complaints in tbal area sinclC TIie Marks MDI in. Mayor Bums staled tbal area is in District U -. bis Disuic:t, and be bu beard no compl1iD1s. Council Member Hathaway staled they did channel the traffic flow. Sbe feels tbal adding the pte will be benefJCial to the residcnis of the complex as well. DOC just the Trammell Crow's businea office. Mr. Thede noted thal two other people signed up to speak at the public hearing, they an also employees or Trammell Crow . He stated ifhe answered Council's questions the other two employees may not need to speak. Mayor Bums inquired as 10 whether !he)• would like to speak and they declined . Mr . Thede submilled. for the record. CeniflCllioo of Posting . COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING. Ayes : Council Members Hadlaway, Vormittag, Wiggins. Habenicht. Waggoner. Waldman. Bums Nays : None Motion carried and the public hearing closed. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (a) (i), (ii) IN (iii) ON FIRST READING. (a) Approve on First Rcadin1 (i) RESOLUTION NO . 62 SERIES OF 1995 A RESOLUTION AMENDING 11IE APPROVED 1995 BUDGET AND APPROPRIATING MONIES FOR TIIE CITY OF ENGLEWOOD, COLORADO . (ii) COUNCIL Bill NO. 61. INTllODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 127 TO 11IE SOlTllKiA'Jl: SANITATION DISTRICT CONNECTOR'S AGREEMENT Wl11f 11IE CITY OF ENGLEWOOD, COLORADO FOR 11IE INCLUSION OF LAND W111DN 11IEIJl DISTRICT BOUNDARIES . (iii) COUNCIL Bill NO. 69, INlllODUCED BY COUNCll. MEMBER HATHAWAY ' ,,, - • . D I· • 0 '32 x l ]- • Ea1lewood Cit)' Couacil October 16, 1995 Pace9 • 0 • A Bll.L FOR AN ORDINANCE AUTIK>RIZING A RELINQUISHMENT AND GRANT OF EASEMENT AGREEMENT BE1WEEN 1HE ENSOR'S AND 1HE CITY OF ENGEi.WOOD, COLORADO . Vocerealta: Ayes : Nays : Motion carried. Council Members Haahaway, Vonniuag, Wiggins. Habcnicbl, Waggoner, Waldman, Bums None COUNCO. MEMaER BA TBA WAY MOVED, AND IT WAS SECONDED, TO Al'PltOVE CONSENT AGENDA ITEMS II(') (I) AND (II) ON SICOND IIL\DINC. {b) Approve on Second Reading (i) ORDINANCE NO . S7, SERIES OF 199S (COUNCll.. Bll.L NO . 61), INTRODUCED BY COUNCIL MEMBER HATIIA WAY AN ORDINANCE AMENDING Tl11.E 3, CHAPTER 8, SECTION I. SUBSECTION 6, OF 11IE ENGLEWOOD MUNICIPAL CODE l 98S ENTlll.ED VOLUNIBER FIREFIGKIB 'S PENSION FUND . (ii) ORDINANCE NO . SI. SERIES OF 199S (COUNCIL Bll.L NO. 6'), INTRODUCED BY COUNCll.. MEMBER HATIIA WAY AN ORDINANCE APPROVING 11IE CONTRACT BETWEEN 11IE CITY OF ENGLEWOOD, DEPARTMENT OF SAFETY SERVICES AND 11IE COLORADO DEPARTMENT OF nANSPORTATION. OFFICE OF 11lANSPORTATION SAFETY FOR FUNDING A LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM IN 11IE CITY OF ENGLEWOOD, COLORADO . Vote multi: Motion carried . Ayes : Council Members Haahaway, Vonniuag, Wiggins. Habenicht, Waggoner. Waldman. Bums Nays : None 11 . Ordiauca, ltetollltioa111N Motioa1 (a) Approve on First Reading (i) Director Gryglewic:z presented a recommenclation from the Department of Financial Services to adopt a bill for an ordinance Cllablilhina the I 99S Mill Levy collecled in 1996 . He noted the Budget and l 99S Mill levy collected in 1996 were disc:usaed II Council Saudy Saliom on September 18. 199S , September 2S, 199S and Oaobcr 9, 199S . He llaled 11111 the mill for General Operations is s.880 mills and 2.03S mills for the Community Ccnlcr Dcllt. Mr . Grypcwicz adviled 11111 a homeowner with• SI00,000 home in EnaJcwoc,d ~ pay S61 .92 for General Flllld Operllioal aad Sll .08 for Community Center Bond Fund. for a taul ofl83.00. He said the Eapwood Dowalown l>e\'elopmcnl Authority 's mill le\')' is set al 4 .397 mills . • .. 0 I . • 0 ]- • • • (~ . • ' Ea&lewood City C•ncil October 16, Jffl Pase JO The City Clerk was asked to read the Council Bill by title : COUNCll. BILL NO. 6S, INTRODUCED BY COUNCll. MEMBER HATHAWAY A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MIU.S UPON EACH DOLLAR OF THE ASSESSED VALUATION OF AU. TAXABLE PROPERTY Wl11flN THE CITY OF ENGLEWOOD, COLORADO. AND ESTABLISHING A Mll.L LEVY FOR THE ENGLEWOOD DOWKI'OWN DEVELOPMENT AIJlllOIUTY. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, 10 Al'l'JlOVE AGENDA ITEM I I (a) (I) • COUNCO. BILL NO. '5. Ayes: Council Members Halhaway, Vormiaaa. Wiginl. Habcaic:bl. Waggoner, Waldlun, Bums Nays : None Motion carried. (ii) Director Gryglewic:z praenlOd a rocommcndalioD from the Department of Financial Services to adopt the 1996 Budget. The propoacd budpt. he IIOICd, wu clisamcd at the September 18. 199S. September 2S, 199S and October 9, 199S Council Study Session's. The propoeed budget was amended for Golf Course repaymcnll lO the Gcncral Fund of 1270,000 and increucs in cxpcnditurcs for a bookmobile driver, Oowcrs. tnillina for the Baud of~ and Appeals and the Planning and 1.oning Commission and an inaaae for u envinJllaDtal .--ncJ polition. At this time, the unrestricted cncling fund balance for the General Fund is 14.207.224 or approximately 19% of the Gcncral Fund local l"C\'CIIUCS . Council Member Hathaway asked. with the -the Cily .... if the City is llill in CIOlllplianCle with Amendment I guidelines at this point. Director Gsyllewicz 11111111 M are in compliance. (I) The City Clalt-alled to read the Couacil Bill by title: COUNCIL Bll.L NO . 66. INTRODUCED BY COUNCll. MEMBER HATHAWAY A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD. COLORADO. FOR THE FISCAL YEAR 1996. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, 10 Al'l'ROVE AGENDA ITEM II (a) (II) (I)-COUNCIL BILL NO. 66. Motion carried. Ayes : Council Members Hadlaway, Vonniaq. Wigial. Habcaic:bl, Wagoner, Waldlun, Bums Nays : None (2) The City Clalt was uked 10 read the Council Bill by title : COUNCIL Bll.L NO . 67, INTRODUCED BY COUNCll. MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROPRJA TING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I, 1996. AND ENDING DECEMBER JI, 1996, CONSTl1Ul1NG WHAT IS TERMED THE ANNUAL APPROPRIATION Bll.L FOR THE FISCAL YEAR 1996. ,, - ~--~..,....,-....... ....,.. , r [:;} ..... • . .. I . • 0 '32xl 1 • • 0 • Englewood City Cwncil October 16, 1995 Pa~ II COUNCIL MEMBER BA THAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (ii) (2) -COUNCIL BILL NO. 67. Ayes: c.ouncil Members Hathaway. V«mittag. Wiggins, Habenicht, Waggoner. Waldman. Bums Nays : None Motion carried. (b) Appl"O\'C on ScalllCI Reading There were no additional items submitted for approval on leCOlld reading . (See Agenda Item 10 -Consent Agenda .) 12 . Gneral Discuuioll (a) Mayor's Choice I . Mayor Bums thanked all the volunteers who manned the hotline during the storm emergency as they did an excellent job. He staled there has been good feedback from the citizens on the City's response and the debris cleanup. Also, he thanked the Council members who panicipated. 2 . Mayor Bums thanked staff for their work on the Golf Course Par 3 which opened last Saturday and he feels ii is a wonderful addition lo the Golf Counc. He commented that he feels the City has one of the finest facilities in the State of Colorado al this point. (b) Council Member's Choice ( i) Council Member Habenicht offered ipOCial thanks and appreciation to the Department of Safety Services, Marie Dymek. Nancy ~ and all the people who came forth to conduct the Safety Day Activities . She staled they did a ~ job and it was a peal event. 13 . City Mua1,er'1 Report (1) Ci~' Manager Clart presented a Redevclopmcnl Repon on Cinderella City. He staled that Equitable has staned removal operations ol the undcrpound tanks adjacent to the former J.C. Penney · s automoti,'C store. They arc doing this al their COil . He noted that Miller-Kitchell and Mcn:antilc arc still tailing and McrQntilc is mning Millcr-Kitchell's performance . Nqotiations arc continuing w1th Mercantile with regard to a pcaiblc sift to the City . They arc still in the same poltllrc, expressing 10111C reluctance to take a wril«Jff on the prupcny ud to convey the propcny for ullimltc 111e by I potential competitor. He added 11111 II die end of last,.._~ Ward Yt"IS llill cxpra1U1g some reluctance to take a book value writ«Jff u thal coma out ol thear uac1 hue. (b) Ci~· Manqcr Clart ,-nmcnded that Council ID into Executiv'C Scaion inunodialcly follffloing the C1~· Council meeting 10 dilCIISI a real CIUllc lllllter. die real Cllale maner bciag die ncgociation process with both Equitable and Miller-Kitchell . COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING TO DISCUSS REAL ESTATE CONCERNING CINDEREUA CITY. Ayes : Council Membcn Hllllnay, Voraiaa&, Wigial. Hlbeaiclll. Wagoner. Waldman. &uni .... • ,,, - I f ( I I '!I .. I • • 0 - • Eqlewood City Caucll Octoller 16, lffl Pqe12 . - Nays: Nooe Motion carried. 14 . Clly Mtaney'• ..... • • ~ • City Attorney Brauman did not hl\'C uy IIIIIICII IO bring before Council . 15 . Mjea...-t "' - ,. • .. I . . 0 1 32 x l - Date November 6, 1995 INITIATED BY Utilities Department • • (. COUNCIL COMMUNICATION 10 a i Subject Modification to Wastewater Comector's Agreement with Cheny Hills Village STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Wastewater Connector's Agreement dated September 30, 1993. RECOMMENDED ACTION Council approval by Ordinance of the Modification to the Wastewater Comector's Agreement with the City of Cherry Hills Village. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFIED The proposed Modification to the Wastewater Connector's Agreement • submitted by the City of Cherry Hills Village, modifies the existing Wastewater Connector's Agreement dated September 30, 1993, with Cheny Hills Village. The modification M11arges the sewer service area to include the entire geographic ... located with the boundaries of Cherry Hills Village. All other terms and conditions of the existing Wastewater Connector's Agreement will remain the same . FINANCIAL IMPACT None. USTOFATTACHIIENTS Modification to Wastewater Cor.iec:tor's Agreement -City of Cherry Hills Village Map of Proposed Service Area Proposed Ordinance . , .. I . • 0 , I ]- • ORDl '.'\AS CE '.'\O . _ SERIE OF Hl95 • • • <. BY AUTHORITY A BILL FOR A'.'\ ORDl'.'\ASCE AUTHORIZll'\G Al\ INTERGOVER!l:MENTAL AGREEMENT BETWEES THE C ITY OF E!l:GLEWOOD , COLORADO AND THE CITY OF CHERRY HILLS \"ILLAGE . CO LORAD O FOR THE MODIFICATION TO THE WASTEWATER CO'.'\'.'\ECTOR~ AGREE~EST . WHEREAS. on Septemher 30. J 9,13 tht-Ci t y of Cherry Hills Village and the Cit~ of Englewood entert:d into an Agre ement enuLled JW aste"ater Connector·s Agreement"; and \\'Ht::RF. . .\S . tht-AgreE-ment !;:1, ~ th ~ C11 ., ofCherr_, Hi lls Village the right t o di scharge sewage an,111:; from an art:a r~fern·d 10 in paragraph l of the Waste..,·ater Connector·s Agreemt:111 1111 0 th,· Ci t~·,; s.-wag!: ;,~·;,i-m for tran;;ponat1on and treatment : and WHE REAt:. th e City of Ch err~· H ill, \'illnge ha s requested the enlargement of its Sewer Service Area to include th e ent ir e gi-ograph 1c are a located within the exterior boundaries of the Cit, of Che r r~· Hills \"illage a~ th e same now exists or may hereafter be amended from ti me t o time: and WHERE..\::,. all other t e rms and condnion< of the existini; Wast.t:water Connector's Agre ement "ill remain unchang;,d : an d \\.H ERE . .\S. t he Ci ty of Englewood 1s "illi ng to enlarge the City of Cherry Hills Village Se\, er ·'t:'n ·1c-t~ .-\rt:a : SOW. THEREFORE. RE IT ORDAISED BY THE CITY COUNCIL OF THE CITY OF EXGLEW00D.C0 L0RAD0 ,AS FOLLOWS · f'tCJ i0n ) Th e intngovernmt-ntal n;:r.-ement en titled "'.\lodification To Wastewater Connector ·;; A;;re e m em.'· anacnE-d hc-ret o as "Exhibit A." between the City of Cherry Hms \"illngi-a nd th i-C11~· of Engle "ood i • h e reh_v accepted and approved by the Englt'wood City Council T ht-'.\l :1 .vor 1s authoriz.-d 10 e~t-c ut e and th e Cit,· Clerk to attest and seal the Ai::r t<t-nwnt a,r :,n ci on ht-h alf ur t h Ec Cn.1 of Engle"oc,d , Colo rado. l ntrodur-,d. rt"nd 111 full. and µa,,.-d 011 first rEeaciing on the 6th day of '.'\ovember, 1995. Pubh-h,·d a• n Bil l for an Ordmanct 0111he 9th day of'.'\ovember, 1995. ATTEST Thomas J . Burns, '.\layor Loucn . h1n .:... Elli s. Cit~· Clerk • • .. I • • 0 1 32 x l ]- - • ,. • • I , Loucrish,a A. Elli s. City Cltrk oftht City of Englewood, Colorado, hereby certify that the abov e a nd foregoing ,s a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 6th day of November, 1995 . Loucrishia A . Ellis . ' .. I • • 0 '32xl - - • • ,, - • t~ • • EXHIBIT A MODIFICATIOJ'\ TO WASTEWATER CONNECTOR'S AGREEMENT This Modification to Wastewater Connector's Agreement, made and entered into this ~ day of , 1995, by and between the CITY OF ENGLEWOOD. COLORADO. a municipal corporation hereinafter referred to as "City," acting by and through its duly elected. qualified and authorized Mayor and City Clerk, and City of Cherry Hills Village, a municipal corporation of the State of Colorado. hereinafter called "Cherry Hills." acting by and through its authorized Mayor and City Clerk ; WITNESSETH WHEREAS. on September 30 , 1993. the panics hereto entered into an Agreement encaptioned "Wastewater Connector's Agreement"; and WHEREAS. Cherry Hills has the right. subject to the terms and conditions set forth in the \\'astewa1er Connector"s Agreement. to discharge sewage arising from an area referred 10 in paragraph I of said Wastewater Connector·s Agreement and depicted on Exhibit A attached there10 (hereinafter referred to as "Sewer Service Area") into the City's sewage system for 1ranspona1ion and 1reatment : and WHEREAS. Cherry Hills has made a request to enlarge its Sewer Service Area to in c lude the entire geographic area located within the exterior boundaries of Cherry Hills as the same nCl\\' exis1s o r may hereafter be amended from time to time ; and WHEREAS . the City is willing 10 so enlarge Cherry Hills· Sewer Service Area. '.'110\\" THEREFORE. IN CONSIDERATION of the promises and for other good and ,·a luable con ideration hereinafter set fonh. it is mutually agreed by the panics as follows: 1. Enlargement of Sewer Sen·ice Area. For purposes of enlarging the Cherry Hills comrac1 Sewer Sen·ice Area . the panics hereto agree that paragraph I of the Wastewater C onne to r"s Agreement is hereby deleted in its entirety and the following new paragraph I sub tituted in it s place : "The City hereby agrees under the conditions hereinafter set forth to treat the sewage o riginating from within the geographic boundaries of Cherry Hills as the _a me now exi t. or a _ the same may hereinafter be amended from time to time by Cherry Hill s. The geographic boundaries of Cherry Hills are legally described on Exh ibit A and depicted on Exhibil A-1, both of which are attached hereto and in co rp orated herein by this reference ." "Cherry Hills specifically agrees to prevent sewage from any area, other than that d e cribed herein . from being discharged into Chen)• Hills· sanitary sewage ystem connected to the City's trunk line and to prevent cormcctions to the system from or in any area other than those described herein .· ...... • . I • • 0 '32 x l -• ·, • • 2 . Reaffirment o[ Wastewater Comwtor•s Am:aurnt . All other terms and provisions of the Wastewater Connector's Agreement shall remain the same and in full force and effect. IN WITNESS WHEREOF, the panics have executed this Modification co Wascewacer CoMeccor's Agreement as of the day and year first above written . ATTEST : Loucrishia A . Ellis , City Clerk ATTEST : By ~~~.L~°=( "f..') (,l ,_ ~--~-~<, • 2 • CITY OF ENGLEWOOD , COLORADC>:-:-:-:-:-:-:-:-: ·.·~·-··.·.·.·.·.· ···0 ·-·.·.·.·.· By:::----:-:---------·~;. ... :-: . :-: . :-: Thomas J . Burns, Mayor "- CHERRY HILLS _L, C? Cv<c:, < e ......... . . . . . . . . . . . . . . . . . . . • I . . 0 • • • EXHIB IT A-1 I J . I • 0 - " . .. I • 0 • - • • • • . . - Geo1raphl.c boundaries of the City of Charry Billa Villap,· County of Ara11&boe, State of Col~rado: . . . . . .... Commmdns at die NW w of .. S 1/2 of .. NW 1/4 of .. NW 1/4 of Secdaa 2, Towmldp 5 Sa1111a, .... 8 W• of .. a Pmcipll lfrz:fdlaa; 1llmc:e BIil ID die SW CD1111r of .. NB U4 of .. NB 1/4 of .. NW 114, 1llmc:e Norlb ID die NW w of dla NB 1/4 of .. NB U4 of .. NW 1/4 of llid Secdan 2, llmce Ball ... tba Nllldl a.. of..._ 2 ID .. NW amr of Secdaa 1, Towlllldp 5 Sa1111a, ..... 8 w.t, -· I , .... die Nadh line al llid Secdaa I ID die NW__. of...,_', Towalllp 5 Saalb, :Raqe 67 WIit of die &b P.l;dpal NPf S , I 5 I .......... Narda U. of aid Secdaa 6 ID .. NB GIIIIIII' of dla NW 1/4 of ... llcdall '9 lblace Saada llaas die Ball a.. of dla lffl 1/4 of aid ..... ,. dla _. of Secdaa 6, Tew I It 5 Sa1111a, .... ., .... -......... Nardi Ba of 1be SB 1/4 of aid..._', 2,6G.Ui •• ... -of 1118 SB 1/4 of Slid Secdaa 6, .._Nardi ... dla ..... of ... llllllaa ', 10.18 feet ID 1be ....... of Happy CIIIJm .... -... 44em'35" East 3,708.45 trllC ID die Naab U4 C111111r of ..... I. 'Iba ?by 5 laada, Ranae 67 WIit of die &b Pdac:ipal ,..-,, , ........ • Wat Bae of lbe NE U4 of Secdaa I, Towmbip 5 ......... ff Wat ID .. G111111r of llid Secdaa 8, ODadnuiaa Souab a1aas dla w.t ... of .. SE 1/4 of 111d Secdan I ID lbe SW CDIIIII' of die SB 1/4 of 111d ...,_ I. -W• .. Ille SE comer of Secdaa 7, Towmldp 5 ......... ff W.. of 1118 &b PdDclpal Mmdiani caadmdaa WIit iiana die ... a.. of aid...._ 7 • die SB omner of Secdan 12, Towuldp 5 Salada. ..... a Wat of die &b Pdnc:;:;:l Nericflaa, cmdmdna WIit llaas tba 111111 Ji!l!i ofllll ...... 12 ID lbe SB comer of Secdml II, Towuldp 5 Saa11a, ..... a W'tllt of .. flll Pdlldpll Meridian, candnaiq West Ilana dla ... a. of 111d ...._ II ID lbe SW comer of llid Secdaa II, 11111a Na111t .... die Welt .. of 111d Sec:dall II ID the SW earner of Secdaa 2, Towmldp 5 8aadl, ..... a WIit of die 6th Principal Meridian, caadnnfna Nardi ..... lbe W•::.. of 1lkl SICdaa 2 ID tbe point of be&fnnins. EXCLUDING THE PROPERTY ON THE SOUTHEAST CORNER OF UNIVERSITY AND EAST HAMPDEN AVENUE KNOWN Al THE BUELL .. PROPERTY I . . 0 I - ] • RESOLUTION NO . _ SERIES OF 1995 (. • • ,~ • A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 13, 1995 THROUGH DECEMBER 18, 1995. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program during the November/December holidays for the past five years; and WHEREAS, the "Food for Fines" program allows patrons with overdue fines t.o "pay" them off through the donation of non-perishable food items; and WHEREAS, the food items are then forwarded t.o the lnterFaith Task Force for distribution to financially disadvantaged families in the Englewood area; and WHEREAS , the program is a benefit to the community in that the disadvantaged are assisted and the air cleared with respect to fines and the City receiving its library materials back ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sea.ion l. The Englewood City Council hereby authorizes the Englewood Public Library implementation of the annual "Food For Fines" program from November 13, 1995 through December 18, 1995. The "Food For Fines" will then be forwarded to the lnterFaith Task Force for distribution to financially disadvantaged families in the Englewood area. ADOPTED AND APPROVED this 6th day of November, 1995. Thomas J . Bums, Mayor ATTE S T : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enrlewood, Colorado, hereby certify the above is a true copy of Resolution No . , Series of 1995. Loucrilhia A Ellis ,,. - • . ... I • • 0 • Date October 30, 1995 Initiated By Library Department • 0 I• • COUNCIL COMMUNICATION Agenda Item 10 a ii Staff Source Subject Englewood Public Library's Annual ·Food for Fines• Program Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION While this program is not tied to q pstic:ular goal of City Council, the Librwy tas sponsored this program for the past five years, and each year the City Council has voiced their support of the program. RECOMMENDED ACTION The Library Department reconmends City Council approval of a Resolution authorizing the Librwy Department to implement its annual ·Food for Fines· proc,wn from Monday, November 13 through Monday, December 18, 1995. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED For the past five years, the Englewood Public Library has spoimored its ·Food for Fines• progrwn dwing the November/December holidays. This annual proc,wn allows patrons with ovenlJe fines to ·pay" them off through the donation of non-petistwble food items, e.g. POI fqqd ibm cancels out the late dwgllS (not lost or d1111aged c:twges) on ane oyerdye itam. Food items nut be prnnm to the Lilrwy Staff at eitts the Circulation Desk or at the Bookmobile in order for the fines to be dwed mm the patron's computer record. The coNected food items are then forwarded to Interfaith Tllllc Farce for clltribution to fil•ICillly disadvantaged families in the Engle.wod area. This proc,wn tm been wamly NCeived by the SJ1.tiic 1ince its inception. Besides providing resources to needy families in this c:omnu,ity, the proc,wn pre,ents a pmitive image of the Library 11nd the City, i.e. a ·~win· situation for everyone involved. The 1995 program wil run for five weeks. FINANCIAL IMPACT The Library averages $1,200-$1,500 per month in colected •i.te ttnes• (i.e. dwgllS on bodes and other items retlM'Tled past their due date) which go back into the City's General Fini. Owing the month of December for the past few years, this amount of overdue fines tm dropped to an IIVef9 of ~S 1,000, no cbbt in response to the ·Food for Fines· proe,am. This most likely means that the City wil ..., io. $400-$600 in overdue charges during this year's ·Food for Fines· program. UST Of ATTACHMENTS None ..... "' I . • 0 '32 x l - - \ • OIIDDIANCS JIO. - SERIES OF 1995 .. • • • BY AUTHORITY 10 b 1 COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING SUPPLEMENT NO . 127 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommend1 the inclusion of approximately 2.24 acres into the District; and WHEREAS, said inclusion is located at the 5701 South Colorado Boulevard; and WHEREAS, the site is currently zoned R-2 .25 in the City of Gt-eenwood Village which allows for one single family dwelling which is to be constructed at approximately the same location; WHEREAS, said annexation of this additional parcel of land will not increatt the tap allocation to the Southgate Sanitation District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5c£tjop 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled •supplement No . 127 to Connector's Agreement·, to include approximately 2.25 acres located at the 5701 South Colorado Boulevard into the Southgate Sanitation District's Connector's Agreement is hereby approved. A copy of said Agreement is attached hereto as ·Exhibit A• and incorporated herein by reference . $ectjop 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively , the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 16th day of October, 1995 . Published as a Bill for an Ordinance on the 19th day of October, 1995. Read by title and passed on final reading on the 6th day of November, 1995. -I - .. I • • 0 - • • • • <. Published by title as Ordinance No . ~ Series of 1995, on the 9th clay rx November, 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 trae copy of the Ordinance pauecl on final reading and published by title as Ordinance No . _, Series of 1995. Loucrishia A. Ellis -2 · , I .. 0 .. I • • 0 . , I I ? ]- - • • ·, • IUPPLEMENT NO • .1..21 TO CONNJ:CTOR'I AGRSl:IIZIIT TIIII IIOREEIISlff, aado and onte.-ed 1 nto by and betwHn the CIT'I OF ENGLEWOOD, acting by and tln·ough it• duly authorized llayor and Cl ty Clerk, hcrelnnCtcr cnlle,1 tho •clty, • and IOVTBGATS IUIITATIOII DIITP.ICT, lln,pnhol!' and Douglas Countiaa, Colorado, hereinafter called the "District," WITNElll!TII: WHERDI, on the 20th day of June, 1961, th• City and the l>htr ict entered into an A9r••-nt in which th• City a9raed to treat aevage originating froa the l>iatrict'• aanitary aavar ayataa within lhe .area aerved by the l>istrict, which A9r••-nt vaa aoat rocent I y renewo,1 by Connoctor' • l\')roeaent dated Novaabar 16, 1988; and WREREl\a, aaid connector'• 1\91·••-nt provide• that the Diatrict any not enlnrgo its service area without the written conaant of the City; 11011, THEREFORE, in consideration of th• autual covenants and undcrt,,1,i11g!I heroin set forth, the parties agraa •• follow•: I . 1·1,., City hN· .. by can.,0111 .s t .o the incluaion of certain odditionill ,u·o:, loc,.ted in llrnpnhoe County, Colorado, owned by BRADLEY E. PLACE, JR. and PENNY L. ·~CE, and •or• fully described on E><hil ,it II "tt,,cl,cJ h•n·rto ,111J incoq,o,·ntod herein by reference, inlo S011thgnt,:, s.,nitnt ion Uistrict. The City agrees that aaid nddit.io11;,J a,·ra "'"Y l•c scrveJ with the sewar facilities. oC the llisl.-ic.:t, an<I lh;,t the City will l1·eat the sewage diachar9ed into the Cil\·'s t,·unl, line f1·om sai<I :,cJ<litional aren, all in accordance with the conncctor'o l\grer•cnt dated Noveaber 16, 1988. llcconl i 119 Ir, t:xh i ui t I\ 1·eferrt-d to in rara9raph 1 of the Conncclo1·1 ~ ll•J1 ·or10<'nt d,,t<'d Noveahcr 16, 1918, ia hereby •-nded to inc 1 uJe suet. :·u..1,1 j ti un.\ 1 11re;,. ] . Each n11J every othe1· 1'l"Ovisio11 of the aaid Connector'• llgt·eement dntt-11 Noveaber II\, 19111, ahall ra-in uncha119ed. ltl lllTNE:lS WHEREOF, tho parti•s have aet th•ir hands and scftlo this dny of_ , 1995. ATTEST: CITY CLDK (5EJII,) CIT'I 01' DGL&IIOOD DJl==.,,....------------IIA'lo& IOVTIHIATS IUIITATIOII DIITRICT, AllPUOa AIID DOUGLU COVIITJU, COLOaADO .,.~?D,.,,C "' -. ' • . • I • • 0 I - - • • • . . EXIIIIHT 1\ LEGAL DESCRIPTION TIIE WEST \ OF 'l'H/\C'l' 282, AND ALL '1'111\T PART OF TMCT 28J, SOUTII DENVER G/\RDENS, THE PI..J\'l' OF WIIICII W/\S RECORDED IN PLAT BOOK 1\2 AT I'll.GE 3213, COllTIGUOUS 'l'O l\.llD 1\llU'l'TIIIG TP.l\C'l' 282 OF SAID SOUTII DE!IVEH G/\RDE!lG, J.Y IllG E/\S'l' OF 'l'l!E llIGII LillE C/\N/\L AS NOW CO!lf~'l'IWC'l'l':D, 'l'OGE'J'IIEH Wl'l'II '1'11/1'1' l 'U l"l'1Utl OF V/\Cl\'l'ED l'L/\T'l'E 1\VEIWE /\S LJESCH113ED IN Il1S'J'RUME!l'l' REC O HLJEIJ /\l'HIL 11, 1')74, Ill BOOK 2227 AT P/\GE 445, COUIITY OF 1\Hi\P/\l!OE, S'l'/\TE OF COLOMDO. • 0 m' ' . .. I • '' • 0 '"2'l v I ]- - ' .. ' I I n • • • I• • ' ,, Y.JCl~lT'i__M~ ·s ·ciil"': 1· = 300~ JOJ" ,1 J~I:;=-== --:...--~~'II,~ • ,·11 1r., =·-k :;: i"7i,r-:: .. --==--=---= :: I ··---,------- ' I ··1 --··::;;;:.7.:.·_·~:.~-----....,.--,"'-----,rl.:...:..c·.,,11 :.·.· : ... ,. --···· ~"" -·--·-•••... \i,. ·, .. ,- .. ____ , __ ...... ······, ... 1--·-·······:! _______ .. \~ : ---,i.:;'111ii ___ --'.\------------------------··· .... ·- •• .,.. • u ..... " .. I • • 0 , • -•. 0 • I . • 0 • • '32xl ]- ]-- ORDINANCE NO. _ SERIES OF 1995 • • • '· BY AUTHORITY 10 b tt COUNCIL BILL NO . 69 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING A RELINQUISHMENT AND GRANT OF EASEMENT AGREEMENT BETWEEN THE ENSOR'S AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City of Englewood owns and operates the City Ditch; and WHEREAS, the City has received a request from the owners of the Ensor property to locate the 48" water pipeline east of the City Ditch's current location and partly outside the existing easement of March 6, 1873 as described in the agreement; and WHEREAS , the City would like to enclose within a 48" water pipeline the portion of the City Ditch that traverses the Ensor's property ; and WHEREAS, w accommodate the proposed alignment of the 48" water pipeline and other concerns of the parties hereto, it is necessary for Englewood to relinquish that portion of its existing City Ditch easement as described below and for the Ensor'• to grant Englewood a new easement for the City Ditch ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : SectiPD 1. The "Relinquishment and Grant of Easement ·· with the Ensor'• is hereby accepted and approved by the Englewood City Council. The Mayor i1 authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado . Ses;tjpn 2 . The Relinquishment and Grant of Easement is attached hereto as "Exhibit A". Introduced, read in full, and passed on first reading on the 16th day of October, 1995. Published a s a Bill for an Ordinance on the 19th day of October, 1995 . Read by title and passed on final reading on the 6th day of November, 1995. -1 - .. I • • ]- ]-- • • • .. Published by title as Ordinance No . _, Series of 1995, on the 9th day of November, 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 published by title as Ordinance No . _, Series of 1995 . Loucrishia A. Ellis -2 - . . .. I • • 0 ) :-.. . . '' m' , 'l? '){ I ]- • • • • • EXHIBIT A l!.~LW!.!!Ll..,_'illl\lENT ANU GRANT OF EASEMENT TIils RELINQUISHMENT ur Easement ("Relinquislunent") and Grant or Easement ("Gr:111t") is made this ·-~---day or . • 1995, by aml between Edna R . l:n~rn: I\L11y Edith Wilkins. The K . C. Ensor . Jr. Tmst: and Barham F. Ensor (hereinafter 1.:olln·1i1-cl y 1ek1 re d 111 as 'T1r,111s"\. who~e ;u.Jdress is 7995 South Santa Fe Drive. Littleton. 1 ·11111,adu XtJl20: and the City 111 Englewood ("Englewood"), a Colorado municipality whose place nr hu~ine ss is .HOO South El;ui Street. Englewood, Colorado 80110. WHEREAS , Englewood owns and operates the City Ditch, which crosses the Ensors· p111pe11 y lot.:ated at 7951 South Santa Fe Drive. which property is legally described on Exhibit ,\. whi c h is allachcd hc,etn and incotporated herein hy this reference ("Ensor Property"): and \\' II EREAS . the Ensor Property is owned by Edna R . Ensor as to an undivided 50 pen:e111: l\laty Edith Wilkins . as to an undivided 25 percent; The K . C . Ensor, Jr . Trust, as to an u11ui l'i dcJ 15 pctcent : and Oa1ha1a F. Ensor, as to an unui\'idcd 10 percent: and WHEREAS. the City 1Jitd1 is located within that ce.1tai11 casement dated March 6. 1873, and tc<.:rndcd in Book 43 at l'age 636 in the Office or the Clerk and Recorder or Arapahoe C uu111~·. C.\ilmaJu : and \\'IIEREAS. Englewood would like lo enclose within a 48-ioch water pipeline a portion of the City Ditch that trave1ses the Ensors' l'ropcrty; and \\"IIEREJ\S, at the Ensms· request, Englewood is willing to locate the 48-inch water pirclinc c:i st of the City Ditch "s current location an<l pattly outside the easement described ahmT : and \\"IIEREJ\S. Englewood recognizes that an alignment or the 48-inch pipe· outside the abu ve -rctc1e11ccd C ity L>itch easement would also be or benefit to Englewood; anJ W 11 E R EJ\S. to ac1.:0111111oclate the proposed alignment or the 48-inch water pipeline and other cnn,crns or the parties hereto , it is necessary for Englewood lo relinquish that portion or I • • 0 '32 x l ]- • • • • 0 • its e x i,1i11L! C i1y Ditch ea se 111 c 111 as Jescrihe d helow and for the Ensors 10 grant Englewood a new ea ,c mrnt for 1he C it y Ditch. as de scribed hclmv . I I" IS NOW. TllEIU.:l'ORE. CU\/ EN ANTED and AGREED by the parties as follows : I . New Easrment l'ro1Lc..!.:!.r -The "New Easement Property " shall mean only that po11iun ul the 1eal property desc1 ibed on bhihit U (consisting or two pages) and substantially dcpic1cJ 011 Exhil.Jit C. allachcd herein and inco11mrated herein by this rererence . 2 . Existim,: E:isl·mcnt l'rnurrl ''.· The "Existing Easement Property" shall mean only !hat po11ion of the real property desc1 ibed on Exhibit D and substantially depicted on Exhibit E. all ached here lo arnl incm po rated herein hy reference . J . Rcli111misl1111cnl or Emtin!,! __ E;iscmcnt l{ighls . Englewood. for itself. its successrn s and assigns, he1chy I cleases . relinquishes and quit claims to Edna R . Ensor, as to an umli v iJcd 50 pcn.:cnl interes t: Mary Edith Wilkin s . as to an undivided 25 pereenl in1e1es1 : The K . C. Li1 ~111, Jr T111 ,1. a s lo an umli\·i1lcd 15 percent in1 c 1c s 1: and lla1hara F . Ensor . as 10 an 1111di vid cd 10 pc11.:e 111 intcn:s t . 1hci1 he irs. s111.:c e ss11rs and a ss igns. all right. title aml iutere s t of Englc wrn,d in anJ tu the Existing Easement l'rnperly for any purpose . Englewood ag1ccs to rnmpletel y fill in that pm lion or the relinquished City IJitch located within the Existing Easc111c111 1'1operty with backfill material excavated frnm the trench for the 48-inc h water pipeline and tu compact lhe ,:une lo a reasonable density to pt event future suhsidencc . The Jitl:11 shall he I illt:J SO lh;1l it is lc\·cl with the SUI race or the Slllrounding property. 11. l; rnnl of Em,emeul. Ensun; hcrehy grant am! convey to Englewood. its success ors and assigns. :111 easement lo the New Easement l'rnpcr1y for the same purpn~cs as set f1111h in th;11 cc11ai11 case111ent dated !\latch 6. 187~. and rcrn1dcd upon the puhlic rcco1ds nf /\1 apah"e Cn11111y. C11lnra1lo. in IJm>k 43 at Page 63(, and for the additional purpose nf rnn,11u r 1i11 g . npc1ating. 111ai111aining . 1cpairing . 1cplacing and removing a 48-inch water pipclim: ;11111 n:la1 c d ap1111rtena11ccs, including a new vault sttuc1u1e near Englewood's McLellan l'ump Stati o n lnil't. 5 . No Warnmly. Ensors make no warranty of title as to the New Easement 1'111pe1 ty . En)!lew,,ud 111akcs no warranty of title as to the Existing Easement Property . The "'l'Cc li H· 1 ig ht ~ g 1a111 ctl hc1ci11 It• Enso1s and Englewood arc subjcc.:t to all prior tccorded ;11.'1 t:i.:11w 111 •:. li n ·n~e , and cn11\r y:1 nc c s It ,hall he Englcwt•od's sole rc~pnnsihility to determine lh L' c ,1 sic 111 e 11 1 any ti ):hts . u se~ 01 i11 1allatin11 ~ conll ic tiug with Englewood's ptnpoc;eJ use or th c Ne 1· r .1sc 1m:n1 1'1npc11y and to 1e solvc any such conllic.:t. It shall be Ensur ·s sole 1c sp1H 1,il,ili1y to dr1 e 1 min c the e:-;i s1c11cc of :my right~. uses or installations connicting with Ensor's 111 11 posc<I u se uf 1hc E.,is1i11g Easemc111 l'aopclly and to resolve any such connict . 2 ' I • • 0 f 32xl ]- 1 GZa'l- • ,-• • , . • 6 . Ri.i:ht to IJsc New Easc111c11t_ l'ro11erh'. Ensors shall have the right lo use and rn.:cupy thi.: New E;,~emcnt Property for any purpose nr use nol inconsistent with the casement rit!hls g1:i111cd hc1 c i11111 L11glcw1111d . lly way of oplanatinn aml not limitation. Ensors sh:111 have Ilic I i!.!hl 1,, dn \\'il :11n·c1 is 111.:i.:c s sar y Ill cause , ,r 111 1'ern1it a puhlic road lo he co11str uctcd over and ac11 1•:s :1 pllrti,111 Llf the New Easement l'rnpcrty and to construct or authorize the const1uc1i,,11 nf suhsurfacc utilities stt1.:h as waler. sewer, gas, telephone and electric lines and the like. m ·er am! anoss a potlion of the New Easement Property. 7 . Tu.-r Farm Opcrntious. Englewood understands that the New Easement Property is part uf the Ensor's turf fann and that heavy trucks and equipment rrequently pass over the surface of the New Easement Property in entering and eitiling the turf fann. In addition. such heavy equipment and tmcks normally travel along and over the New Easement Property as part of the daily 11pe1;1tiuns or the larm . Englewood agrees to design and construct the 48-inch water pipeline so that the surface of the New Easement l'roperty can accommodate, without causing any damage or injury tu the 48-inch water pipeline, trucks and other motorized vehicles weighing and carrying loads up to the maximum weight limits permitted hy the State Department or 11 igh\\·ays up1111 the public highways of this State. Ensnrs assume the risk of injury or damage to the \\ ater pipe I inc resulting from any Ensor surface use that exerts loads and forces on the bur icd w:1tcr pipeline in excess of the maximum weight permitted by the State Department of Highways upon public highways . 8 . ltl'~loration. City agrees that after the construction. maintenance, repair or replacement uf the City· s water pipeline and appurtenances, City shall restore the surface of the New Ea sement l'rnpc:tty as nearly as is reasonably possible lo the grade :md condition it was in i11mtcui:1tcly p1 ior tu saiJ co11structiu11 . maintenance. repair or replacement. eltcept as may he nc c c ~,;11 y tP accommou:1tc the water pipt'li111.: and appu11cna11ces thereto; provided. however. that 110 ~urtacc app111tcn:111ces shall lx: allowed in lhc area where ingress anJ egress to and ftom the turf farm is necessary . 9 . Ah:mdonmcnt. In the event City sh.ill abandon the rights granted to it hereunder as to any portion of the Transfer l'ro1icrty affected therehy, all right, title and interest of City as to qrdr pnrtiun shall cease and terminate; am.I Urantur shall huld such portion uf the ('rt•perty, as the· ~a111c 111ay then he. free ftom the rights of City so ahanduneJ anJ shall u"n all the ta c ili 11n :111J llllicr i111p111vc111c11t :: llf the City so ahamloned . Failure tu U5C any portion of the E:1~c·111e11t 1'111pc1ty f11r a pc:1iod uf two years or more shall constitute evidence ur aban1Joruncnt of su c h p111 t iP11. IO . Himling Effect. This Relin'luishmcnt and Grant of Easement shall extend to and 1,c hiltlli11c upon the ~ucccssms and :issigns of the respective parties hereto . The tenns, c m ·c 11.111t~. a µ_rl·c111 i.:11ts anJ c11nditions in thi~ ltclinquishmcnt and Grant of E.1scmc11t shall be L1 111 ~11un l .1 ~ Lt1 \C11a111 ~ ru1111i11g wilh th e land . 3 .... • I .. I • • 0 , ]- • • t• • ,. r IN WIT~ESS WHEREOF, the Panies hereto have executed this Relinquishment and Grant of Easement as of the day and year first above written . ATTEST : Loucrishia A . Ellis. City Clerk 4 ENSORS: ' I i -, I I :·' !/·:~ ' J /, ~. ': l ,. '"' ,J _ . Mary Edith Wilkins THE K . C. ENSOR, JR . TRUST // ./ _; By : __ -'_..:.. ·,__. ____ ~_,----;_,.._~_--_,·1:.c.>_. -- K . C. Ensor, Jr ., Trustee Barbara F. Ensor THE CITY OF ENGLEWOOD. a Colorado municipality By : ___ ~.,,........~--~~~~ Thomas J . Bums, Mayor . ' .. I. • 0 f 32xl ]- - • • ·, • STATE OF COLORADO COUNTY OF AR.AP~-'!OE ) ) ss. ) '· The foregoing instrument was acknowledged before me this Oc t ober . 1995. by Edna R. Ensor. Witness my hand and official seal. My Commission expires: May 18, 1999. 11th day of 3333 South Bannock Street, #500 Englewood, Colorado 80110 Address STATE OF COLORADO COUNTY OF ARAPAHOE ) ss . ) The foregoing instrument was acknowledged before me this 11th day of October . 1995 . by Mary Edith Wilkins . Witness my hand and official seal. My Commission expires : May 18, 1999. / --,· /, ~ ;:;:;r __,,,;;, / >---/ ?', Nowy Public ' 3333 South Bannock Street, #500 Englewood, Colorado 80110 Address ' , • . .. I· • 0 1 32xl ]- • • • ST A TE OF COLORADO COU:-.I TY OF ARAPAH OE ) ss . ) . . • ; • • The foregoing instrument was acknowledged before me this 11th day of Oc t ober . 1995 , by K . C . Ensor. Jr ., Trustee of the K . C . Ensor , Jr. Trust . Witness my hand and official seal. M y Commission expires : May 18, 1999. STA TE OF COLORADO COUN TY OF ARAPAHOE ) ss . ) Notary Public / 3333 South Bannock Street, #500 Englewood, Colorado 80110 Address The foregoing instrument was acknowledged before me this 11th day of Oc to ber . 1995. by Barbara F . Ensor . Witness my hand and official seal. M y Commission expires : May 18 , 1999. 6 3333 South Bannock Street, #500 Englewood, Colorado 80110 Address ,~ . ' • .. I· • 0 1 32x l - - • • ·, • '· _EXIIIIJJJ J.\ (J ,q:al. I >s:;1 :ripl h1n _.:J~1.1_sorJ):.1Htl'!J.tl All of lhe Nnllh\\'est \I., S11111hwcst 1.'. of Sct:lion 32. Township 5 South, Range (,~ West (1f the 61h 1'1 indpal l\lc1 itlian. aml ,\II lhat p111tion 111' lhe No1thca~t 'A So111hw1:s1 1.'a of Section 32, Township 5 ,<;,,11111. lt111ge (,R West nf lite 61h l'1 im :ipal l\lcritlian, tlesc.-ihctl as follows : "lkgi11ni11g al lhc Nm1hcast 1:0111cr llf 1he Nu1thwcs1 1,l Southwest 1,l of saitl Scclil'11 31: the111:e due South on lhe 1/8 seclion line 80 1odi; lo the South line nf lhc N1111h\\'c~1 ',(, Srnllh\\'esl 1,', of said •:n:ti11n: lhence East along said South line 111 lhc Nrn 1ln::1s1 1A S11111h\1r;t 1/, t11 the i111e1st·c 1ion therc11f with lhe West line of Iii,· ( 'i1u111y 10 ;1d; lhcn,~c Nn11hca :;1nll' ;1lllng lhe \Vesl line of the C',111111y 111ad h1 1111: i111 c 1s n·1i11n 1hnt.:PI' with 1he Eaq a11d West <.:cntcrlinc ac1oss ~aid sct:1ion: 1l11:11ce Wl'·:t 1111 said ccntl·1 linc 35 1/, ,.,tis Ill the place nf hcginning: hcin~ all th:11 pa, t ol lhc N1111hcast 1:• nf Sonlhwe:,I 1.', 11f said section lying West of the Cou111y 111;1d and lhc lknYcl' aml Hio <,ramie raihoad 11;1d.s: except a parcel containing 1 .. 1:, arrc s, mnrc "' le:;•;, 1:1111v,·yctl f11r highll'ay p1111111~cs hy dcetl 1ecmtl1:tl in 1111111. ·11.'i al l'at:.c ·17 <," a11d dc~r, ihnl a:; follllws : ll,·,'.i1111i111! al a point llt>1n which lhc Northwest clll ncr of said Section )2 bears \\le st a dis1a11ce of 17(,J . 7 feel 11101c 111 less anti North 2647 feet, more or less. thrncc Fa~I ;1 clis1a11n: of M .) feel: lln:m;e Snuth ~ I UC:!!rccs 11 mimlles Wc~I a cli •,1a11t"c 11( 1·1 l'l .'J feet : thn1u· Wc :.t ., ,1ist;111cc of -1~.<J kl·t: lhcn,·c Norlh 21 tl r•:11:c·; 11 111i111lll'~ Ea :,t a dis1a11n· 11f I l'Jb lcrl; lhcm:c No11h 08 lli:grccs 5l 111i11111c •; L:1'1 a dis1;1111:c 11( IOl kcl; 1hrncc Nlllth 21 dl·g1ee:; 11 minutes cast a di ·.1:1m:c of I 11.·1 feel, 111111e ll·ss. lo 1111' l'oi11111f Beginning . l:,u·111 lh 11·-t: p111lions co11vc ycd irr tleetls 1ecn1llc1I August 21, 1952 in B1mk 768 al l'agc 516. l\la1d1 I, 1'>78 in 11,ml.... 27)) at l'age (i(,O, Uctohc::r 11, 1978 in ll ,11,k 2 Xli5 at l'agc 7(,. July 21. 1~13•1 irr IJovk 5734 :ti Page 7.5) :is amen<letl l>l· .. ·111hc:1 01 . lq'I!. i11 ll11ok (,71'> al l'.1ge .'.'ilJ . t\11 tlw ah11·,c lying in lhi: l.\111111y of ,\1;1p:1hoc, State or Colm:ulo . ,. - ' ' .. I . . •. ... • • 0 - • • ,- y • • ,. LE(iAL _ or.srn11·11rn1 /I p;1r1 •:1 of J.-in,t Jq c ,1l•:d ill I.he Soul 111·/f!~L 011r~-Ou ,1rLer of Se,~tioll 32. To·,mship 5 Su ui.11. H,111•w (,U \-/c·;L r;r Lin! Si:<lh l'ri111 :ipal 11eriuia11. County of 1\r.ipilhoe. Stille of (,il 11 r;1d•1 hr•in•J llllll"I' p,11 ·Lic11l.1rly ,t,..;c ri!Jcd il~ follow;: Cu111111c11c i1H/ at Lil,~ llurlhcu st corner· of lhat p.1r·ccl of land described ill Book 2025 ;it Pil~H"! 757 of the recor ·d:; of sJid Arilpahoe County. said point being on the Westr.r·ly Ritihl -of-Hay 1 ille of S,111t.1 re Ooulevilrd: lhence llorth 12•35·21 • West. ,1lr111 •1 1h r. fl 11 rl11 1 i11r? nf : .. 1irl p,11-cnl of L111d. il distance of 87 .02 feet lo the lRl,L~ I_'_() 1111 IJI [\_I '; )11111 r I!;: lhe11r:e cnnl.i11uill<:J llorlh 72"3S'21" \-lest <1long said llorlh line. a dist,mce of 77 .50 fe,:,L; Thence ll1 )rl.l1 Gr11·or [<1st. a distance of 125.78 feet to a point of curve: lhn11 1:r. ,1ln11•J ,1 curvn to thr? ll'ft: tl1rot1lJh a central angle of ~G 0 2o·z5· an arc di,: .. 1,11 :01 or t",IJ J ,r, f""t·. ,1 rudi,1:; of r,.Oll fe el illld a chord be<1rim1 of llorlh '1·1 "tJ _J·,1·_i" E,1~.L . il di :;LJ 11 r:r: ,_,r '.J'.1.IJ ;'. fi::et Lu J po in of LangellL: lll·~n c,:, ll url h ZO"S.l 'J1j" la :;L_ .il o11 y :;,1id to11v=1r.11L. il dislunr:,:, of 186 .38 feel to ii point of curv,,: lhP.ncc ul o11g ,1 c1wve lo the left lhrough il central angle of 43~30'38" ,111 ,ire di~t . .111,·r~ qf sr,.9S f c•:l. a r,1diu-; of 7S.OO fr.et and a chord bec:Jring of fl ti r lh 00 "'.,l '•U" \/0:;I ii dis\.111 cr. or 5:i.Gll reel t.o a point of reverse curve: lhence ,1l ri 11q ,1 u.r'I " Lu L110 1·ioltl l11ro11ult .i r:1;11Lrul ,111qle of 4G"00'58" an ar ·c dislc:Jnce or 1Ull.•1ll fr !"t. ,1 r,11Ji1is o r J?.'.1.lJO fed ,111tl a choru bcilriny of Uorl11 00 ''23'2"/" L,1~.L o1 rli~li111 u ~ pf ~li./7. fL·d Lu a prJi11L of tull(/':nL: "111e11ce llorlh 23"23"57" East. il di·.L;1 11 r:r> of J'.>.51. fert lo i1 poi11I. 011 the Soul.Ii line of a 3ll rout e<1semcnl as dc:;u-il;r::d in U,11,k ;u:u ilt l';iu•i GOO of ll1•i record:; of s;_iid Ar,1p,1hoe County: lhence ~,nlllh r,ir:1~1·:i'.i " [.1:.1.. ,1lo11 •J :;;iir.l '.i1111t.ll line. a dislc:Jncc of 50.03 feel: lhence •;(1111'1 ; 1·-;ii·•;r \./,:•,I.. ,1 di-;l;111 cr: of 11 .11 lr!•.:t lo ,1 poinl of curve: lhc11 ce along ,1 r ;11 ·:,• to ti,,, ldl. l.li ro1 1•1lt il ce 11l.nl ,1111Jle of •1G"OO'Sfl" illl arc dist.:incP of G0 .2•1 r,_.,-t . ,1 r,1i!iu-; o f 7',.00 fe c!I. and ,1 chord ur>urin'J of Soulh U0"23'2/" Hcst ii di ~.t.111 LP nf '.ifl .G .l frnl t o il puinl of rcver:;e i::urvr::· lhence alo11g a curve lo the ri ril 1: \lwrn1<11t il cr.11tr,1l .111\)lf' of ,1r:io·30· an arc dislilnce of 94.92 fe et. a r :1d1 ll'; 11 f l ;.'.'.,.OU !P "l o111d a r:l11.1nl l;ca ri11y of South 00•51·~r East a distance of <l /_r,,, f•·•:l 111 ,1 po inl of li111 •J,..11t ,1,ul ., poi11t on said Westerly Highl-of -W,1y line n f •· .. 11 11 .i I" LIP1Jlo,.,.,, d : llrr~ncr. '.io11U1 ;:w s3·3,;· W,:,sl. alo11g Sil id t,my~nL and alo11g $,lid 11,,-1 ,_,r ly 1-:i oltl of -H,1 · li11'! of Sa11ta re Uuulevard. a dist.ince of HlG .38 feet l o ,1 pn 111l or rni ·vc: lhe11 ce illong ii curve to Lhe right thruutih a central angle u r ,11j";•q·;:r, .. ,111 ,,rc d i~\;i1 1c" of lOl.10 feet. ii rildius of 125.00 feet·ilnd ii chord bP11·111q ()r :.l•11tlt ,H "UJ"•\'J" l·lc s L ,1 distunce of 98 .37 feet to ii point of Li111ye11t: lltrru r· ··,,n1tli r,r 1,1·0;; .. 1-lc :;t. <1lo11y sai d lilnycn l. a disl.:i11ce of 6G .57 feet to the ll1'l 1:11 111 UJL Liu ; lJ..l ll Jr~. Cu11t.1i 11i 11q 7-7.uor, ~quure f eet or 0 .1;;_:o ilcrcs. more or less . 1 . , • .. I . • 0 1 32xl - J • • • r • I• . • ' .. 1..-,I I "'I T ll Oe,11 ·i 11 ~1~ ,1rr! b,1·.r•l 011 the E,,sl. 1 i11e of s;iid parcel of land described in Book 2025 :it l',1<_1•! 7'i7 a:; 1Jr.i11<J S1.111l11 7.0''53',1()" He :;t. with all bearings contained herein r el.it iv p l l1r>r elo . 1111) ll nrt It e 11rl or '..;,1 irl line being monumented uy a flo . 1\ rebar ,11 11 1 I Ii" ~.,u,t Ii ,•1ir l •Jf r,.iirl I i111• bc i1 irJ 111c111umr.11l.etJ by a pin and cap LS #7J 53. rnson 11n0Prn1v IIEH lJ 11 CII EASEll[II r Rife JOB rm. 2l!l1?. oo 1. oo OOC · !JUIUJSIJIUJ .(i JJ\fl. 1?. l '.1'!S JI-/ 2 ROCKY HOUIH AIH CotlSULT AIITS. IIIC . 8301 E. PRENTICE AVE. STE. 101 EIIGLEWOOD. CO. 00111 ... - • . .. I. • 0 ]- ]- • / / 11111 II • • • ··-----·~--··---·-·------- l=XI-IIBIT C / \ ./ Jl!J!ll i1,11 \ // "'"'"/1 / IT71' I lMIOIC I L Ju UNI. "---1 ... L,r-1~. i ~., .\ \ '\ \~ 11111 .::uu .:=s :.t_,\I I_, 1• ., lll\1' ":J _\_ I I ~1 ,~ /\REA = __ , ·I 0.620 ACIIES -1-r-" ___.L rauua \.l ,.:.:M 1.r.o.u. l 1111·.15·,,.,. • .ar ,ona iu• ,.,. ,., II 1i ----., .... IINS IWlftlftl lll'N .S IIOI 111 .l'lll:lt.111 , .. ·,·::: A l11•1u111 .lltlO SINl\ll '(. II t, \JIil Y U J •1111.,1.u IU lit.MCI lltt AIIACIII.U •m ut.scn•·11,.,. -. ~ MUIII~ COU:;Ull/\lllS, IH~:----·--------------"·"'' r ,......... ... 1,o11. ,u, ,~ ......... cu""' (.IOJI u, • ._ 11111 (J9Jl u, • ., .. ~ 1 !_~.!_:~!!_:~~!_---~•M l_ J',11 . 1.1 ,_l•t~, • ,I N ]111.·,1:;u1 .. ...._ 0 I • • 0 1 32xl ]- • • • ... l '.:·.1111 ' I f 11 !.!.l~I. '"--~!!Jill!l.l r.. 1 ,11 '""' wh~· ~.lrlp or land lu1.,1l1.'II In lhc Suulhwesl One-llu,wler or Section 32. lt11111 ·.loi l' •, :;,••lit . ll,11~11: r,11 \11.',l 111 lhc Sl,.lh l'ri11cl11al llerldlan. Counly ur A, ,,,,.,t, .. , .. :,1.,1 ... nf rul11rn,~,. 1111.• 11mlc1 ·1 ii•• ur snid slrl1• or 1111,I beilNJ the , ,..,, ,., I"'" ,,, ... , , il•••I i11 11,.,1 . 4.1 ,11 l',u,· 1,;>1, ul lite 11:1..01 d:; ul :;,1 itl A1 ·111 .. 1hue 1.,1111,1 _1·. '""' I.' p,11 I i1 :11l,11"1y 11 .. ~c:i lhc,I a , lul luws: l:~·ncil'!I al lhe llorlhea:.l corner ur lhll parcel or 1111d described In loot.~ ill l'a<J c l',1 or lhr records or said Ar11J1110C Cou11ly. Hid l'Olnl being oi, lhe W\•~IP1 ly llit1hl -ur -W,1y li1•i uf ~a11l,1 r,, Oouleva,·d: lhc!llce llorllt 12•J!,'21" We~l. ;,1,,,,., 11 .. , llm ·II, li11°: 11r , .. ,;,1 1,;11,t,1 111 lo11NI. a dl5lance or ll~.76 Ir.el lo lhe IIUII 1'111111 Ill lll.l;llftlll_lli: 11••111:c H,u-lh 61"WO<!" l:a'il.. • dlt.l111te or 57 .97 feel: lhe11ce llarlh S7'"5S'2J" la,I . a 111!.l .ilnrr~ ur 4:1.4 1i lt'.'<•1.: lhr.ncr. Not·lh 4!i"!il'IIO" test. • dlsl•a of ?.J.40 ,,.,,,: 11••11,·c 11111 lh ,''1"!,1;· 1r la:;l, 11 dl•,l,1111:e or ZG.01 feel: lhe11tl! llol·lh ow 1~--11-u, ... 1 . ;1 •li i,l ,11• ,: 111 li~i.11'1 lt~:I.: lhe11cc HIN·lh 111"1.l'!w." Wr.sl.. ii dis.lance 111 1,11 . l't 11 ·,·I : 11•·111.1! 111,..1.1, :1 /"U~I" 11 · l.a5l. a dislanu! ur !Jl.611 feel; lhe111.e 11,u lh .t',"'111,' Jti" l;1 :,l . a 1li :;lam:e of !,:!.2U feel: lhe111:e lk11 ·lh 7.0"!i1"40" [tsl. 1 ,li,l,111,:(' 111 I0'.1 ./1 lr.,•1.: 1111:nle Hnrlh 19"12'39" t1sl. • dlsl111te or !il.17 feet In ;1 l"•i111 u11 lhc ~''"'"' I in,: ur ii :111 l1111l ca~!.-.enl as dl!sc,·llied 111 buok 2733 ill 1',,q,. 1o110 ul tl1t• 1c\u11I•, ur !,ilhl /\r,1p;1huc l:utNtly and UK! 1111lnl or le1wl11us . 1111 : ,i,l,•l ill<', 111 '. .. 1i,I '.,I, ip 111 l,111,I lu !JI' 1•1ulut~tl ur shortened lu le1wlnalc "' 1111! llm t.h I i11,: or ~aill I rnd ul land desc1·1l11.'1.1 In IJuuk 2025 al raQI! 7!i1 111d ill I he ',11111 h I i111i C'>l.l'ml1!1I or the JU fool ca:.e11C11l des1:1 · lbed In Uoul: 27JJ al 1'11ye t.tlll l.1111l ,1i11111<J ;·t,.!,.", :.,,11,11 e lt:el or U.(.tl!I acres. aore 1>1· less. 111•"' i11,1, m r. h.1~,.,1 011 ti•• l:ost 1111c ur said 1•arcP.I or 11111d de1crllied tn llool:. 202S "' ,._,,_.,. l',T "~· l11•l11•J '•'"''" 7.U"!,J '4U" Wesl. 11llh all bearings conlelned lll!n!ln 1,•t.,1 i v,• 11 ... ,,.,,,_ llr.• 11111 lh ,m,I ur ~"ltl line IJl!hKt autUll!ltll!d by I llo. 4 rl!bar ,11111 llo,: :,uuth 1.•11°1 of ~.Jid I ilK! hcl119 IIUINlllll!nled by a 11111 end c111 LS f73!i3. l.l!Slll 11IUl'lll I Y 'VN.:. Ulltll tA!.tll:Nr lllll: Jlll NU . 2t1U2 . 00 I. 00 Ill.IC · VIICtNSot . l.fli JIIN . 12 . 1W5 .M ROClY IUIIIIAIN C01S1l.1M1S, lie. 0301 l. 1'11£Nf1Cl "vt. S1E. 101 llliltWW. to. 80111 • I •. ... I • • 0 '32xl - • / / IUU u r:;:;:: __ • • • (. -. ·-·--------------- EXHIBIT E. / \ // =•--;~ / rr(\ lUII ll&t"L LI L,., \ I .!;; I \ r \ \ n·-1 i:1 200 :;c l\1.t :, 1• " IIIU ' ·' ,:1 I I I I : . ~ I \ llr-· ITTll1i1-r nr~L_] \~ i:: '. ~-, ~ IUIII 14 J _,·w r.~.\t9.' /'. ~ :~ ::m;~=iH ~ti~-/. , , 1 a 11J:; 111,· 3G·t :;z _,.~· ~/ .. I I \I 117U'!,7'4n'[ ,u~ 71' ::, uv _ "" ,nn: ;;111.:__ -.1 ARCA = / :> I J CCJloMEIICDl[I ~ ,cue, t~ T.P.o.o. -m2·35·2r11 l ...... fi JIHI 1111 UU t•t • ' ii -- ~ .... 1111 t•1111111 outs IIOI IIU'III.Kllf ,r:e,,·= A ...._.lltll> -111:Y. If 11 0111.Y llltlll'CU IU l>ll'ICI 1111: Af1ACI.U m DU<:1111°IIUII, 1111 noct<v Mout~_,-,_~N:;~.:.:•s:.:·~'"'.;.;c;.;,. ______________ _ • .,., ( '°'--'"• A.. .... ••• , .......... C:11 •••• .,.'° uu 1"1,z ,..,,, ·~IUAtt MU u '"' M tM (»JI ,u-11w --- . , .. I . . 0 '32 x l ]- • Date November 6, 1995 INITIATED BY • 0 • ' COUNCIL COIIIIUNICATION Agenda Item 11 I 1 STAFF SOURCE ,, - t~ Department of Public Works Charles Esterty , OireclDr of Public Worb COUNCIL GOAL AND PREVIOUS COUNCL ACTION None . RECOMMENDED ACTION Staff recommends Council approval of Grinnell Fire Prol8ction ID perform upgrade of City Hall fire sprinkler system in the amount of $77,957 .00, as outlined in Altllrnative 2, below . BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFIED Currently , less than 25% of the City HalUlibrary facility ii equipped wllh a workable 1n sprinkler system. In our continuing efforts to upgrade our infrastructure and ID addreu fire code requnments, our request for funding for the 1995 fiscal y .. r was approved . For budget pulJIONI, a quoll in the amount of $70,000 .00 was established for this project. Three bid proposals were received for the fire sprinkler system upgrade . The lowest bid of $99,220 .00 , from Grinnell Fire Protection , is approximately $30,000 .00 more than the budgelad amount of $70,000.00 . Expenses for contract documents and bid specifications reduced available funds ID $88,320 .00 . Bidders submitted proposals for six separale arus of the City Hall facility . 1. Public Works , Administrative Services, Financial Services, main corridors. 2 . Utilities . 3 . Building Division , Library Administration offices . 4 . Municipal Court, Council Chambers . 5 . Rear portion of City Hall, dead file storage . 6 . Second floor offices . Staff considered three alternatives . 1. Complete the following areas with available funds . Public Works , Admin . Services , Financial ServiCN, main corridors Second floor offices R .. r portion of City Hall , dead file storage Utilities Alternative 1 Total $21,482 .00 17,125.00 10,120.00 137'2 QO 182.4411 .00 • I . • 0 1ri '32xl • • • • (. 2 . Public Works recommendation : Complete all areas as listed in Alternative 1 for $62,449.00 and include the Building Division area and Library Admin. offices . Alternative 1 Building Division, Library Admin . Alternative 2 Total An additional $9,637.00 will need to be appropriated to complete Alternative 2: Alternative 2 sn.951.00 Available 1995 PIF funds 88 320 00 Project Shortage S 9,637 .00 $62,449.00 1550800 $77,957.00 3. The original plan included all areas listed in Alternatives 1 & 2 plus Municipal Court and the Council Chambers . An additional $21,263.00 over Alternative 2 would be required to include Municipal Court and the Council Chambers in the upgrade. A facilities use study for City Hall is scheduled for 1996. Al that time, Municipal Court and the Council Chambers may be recommended for remodeling. It would not be feasible to perform upgrades in these areas until the facilities use study is c:omplelad in 1996. For this ruson, the public area of the Library is also not included in the upgrade. Alternative 2 Municipal Court, Council Chambers upgrades Alternative 3 Tola! FINANCIAL .. ACT Original PIF Budget 1995 Less contract documen1S and bid specilicatiolis Available 1995 funds $62,449.00 $70,000.00 ,08000 sea.320.oo Alternative 1 Alternative 2 Alternative 3 $77,957 .00 (Public Works rec:ornmendatio) $99,220.00 The final bid tabulations are as follows : Frontier Fire Protection Faehnrich Fire Protection Grinnell Fire Protection UST OF ATTACHMENTS Bid Proposal Tabulation Sheet $164,255.00 145,490.00 99,220.00 $77,957.00 2128300 $99,220.00 ..... I . • 0 • ,,,_ - • • '· l ! • I i I I " v . ,! ,t ~ ! "' I < ! .§ J: "' 1 l "' I l I .J. < ~ Q "' z ~ t:: g 8 I i .,, r . .. N ~ ~ 'i l £ .. ;;; ... ; z 0 ~ ~ ~ = < I-... < :! !: i A. .: = .... ~ ·i i 8 8 ~ J ~ .,, i ... l. r , ~ ;:: 1 ~ ;;; ... ... ! i 8 ~ ~ i i .. i .: c i "' ... ;;; 'l g g 8 " • r . ~ i : ... ... ~: "I ;:; ] .. ... .. -~ i.; ... z • • 1l ~ ! i 8 ! ~ ' ' ~ r : ;;; .. ;;; \..J t-.... -;.,. I- C ~ ! g 8 N ~. C, N !: .. i ~ , I ~ .. " ;;; ... } g g 8 -~ r . ... i .. ~-• i ., ~ ;i .. .. ... I I j "' I J 'r ?:: ! i: ~ I: ... ... ... I. • w g ] I I 0 i -.. ~ .. r ~ .. . Q : = " -:! :. : !:: ~ !. "· • .... , - • • I' - • I• • ' '· COUNCIL COMMUNICATION Date November e. 1195 INITIATED BY UE WNTP Supervisory Committee Agendll 111111 11 I 11 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Sulljec:t: Project expenditure approval for the fabrication and installation of metal ...... and ,,,.. at the UE WNTP. Stu Fonda, Utilities Director Jim Tallent, Operations Division Manager In the 1995 budget process, council approved a project expenditure for the fabrication and Installation of metal stairs and platforms at the Littleton/Englewood Wastewater Treatment Plant. RECOMMENDED ACTION The action recommended is to approve a project expenditure to Woody's Welding in the amount of $32,975. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since the completion of the Phase 1a constl\lCllon upgrade in 1992, plant staff has Identified specific locations that require frequent access for wastewlller process monitoring and system control. Staff developed a project recommendation to provide for safe. permanent personnel access to these locations. In this recommendation, staff also developed and submitted design shop drawings for metal fllbrtcalcn. TIie fabrtc:allon and Installation of miscellaneous metal stairs and platforms will provide safe access to umpllng points, process valves and system controls. Competitive bids were prepared and sent to eight vendonl. Four responded to the mandlllory wall.-through for this project. Of these four vendors, Woody's Welding was the only one to IUbmll a bid, wlllctl is tedlnlcally acceptable for the wortt . in the amount of $32,975. Although 121.000 was ortglnally budgeted for this project, approximately Sl.000 remains from another sltewoctl project to fund the --a belwNrl the budgeted amount and the bid amount . The reasons that the bid price exceeds the budgeled funds.,.: • The original project estimate did not contain the requirement for aluminum rail anodizing (lo conform with existing facility railing). • Fluctuating prices of aluminum producls. FINANCIAL IMPACT Project funding was approved in the 1195 budget process and this expenditure will be lhared by the Cities of Englewood and Littleton . The bid amount of $32,975 exceeds the budgeted amount of 121.000 by •.975. The difference between the bid amount and budgeted funds will be covered by funds remaining from another sitewort project , with no adverse impact on the over-all budget. LIST OF ATTACHMENTS Project Request (Capital Outlay) Bid Proposal and Technical Evalllllioll Rec:ommcndltion for Project Appro\'al • ..... . ' ., I . • 0 ]- - • ,,, - • • <. CAPITAL OUTLAY REQUEST l o,artnwm or Fud: l.JE \\"\Vil> 11-11-42273 Dncrlpllon el e11WP-' ar llltject ,spn .... t: Fabricate and imlll s1aiD and plalfcmm 1t Ylrious, spec:ilic localiolls within the W\\ TP facility . Ixpllnalton of DfCflSlty or bftwftts el 11111 npeadllaw; These recommendations will provide for safe access to sampling points and process controls and valves. Th.:se sitel were not addressed during construction upgrade and ar=. in pan, to process requirements . These will prO\'ide pennanent personnel access to \'lnOIIS locllions within the facility . T allll costs of pladn& Ntlllp-' la r.11 doll: Estlmar.d Costs Purcha;~ Pnce 20.000 lnst:.llau on 6.000 I est. I Tor.il 2ci.OOO 16.000 Annu~l O e:-:.nruz Cost Total First Y:arC.>Sts Rea_ .. .._, .. ...,...,~ !',;one displaced ' .. I • • 0 f 32xl - J - UTI"LETON!ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S . Plalle ~ Dm,e E.__. Coo-ado 80110 (303) 712-2100 FAX 712·2'20 MEMORANDUM TO: . , • • • .. FROM: Ron McCulley, Purchasing Agent J. Tall n..-.. . Di . . M ~ 1m ent, .... .,.. •• t1ons vi11on anager DATE: October 9, 1995 SUBJECT: Technical Evaluation -Bid Request# 5-118 (Metal Stairs and Platforms) II - ;- One bid proposal wu received to perform the fabrication and installation of miscellaneous metal stairs and platforms at the Littleton/Englewood Wastewater Treatment Plant . Technical evaluation was made of the proposal and it is technically acceptable . Quoted bids are u follows: Anderson Steel Erectors Diversified Welding Mike's Welding Woody's Welding Did Not Bid Did Not Bid Did Not Bid $32,975 .00 I recommend that Woody's Welding be awarded the bid hued on technical acceptability and that they were the sole bid proposal submitted for consideration. For informational reference, Anderson Steel Erectors chose not to bid because of project siz.e (too small), Diversified Welding chose not to bid due to prior commitments and lack of aluminum working experience and Mike's Welding chose not to bid due to prior commitments and lack of staff to perform field installations without impacting shop projects . JET/cg • .. ,,,; I . . 0 , ]- • • 0 • COUNCIL COMMUNICATION Date November 6 , 1995 INITIATED BY UE VWITP Supervisory Committee Agenclallam 11 a iii COUNCIL GOAL AND PREVIOUS COUNCIL ACTION STAFF SOURCE Stewart Fonda , . Subject Wastewater Utility Ordinance Amendment The Wastewater Utility Ordinance was revised by Council on July 17, 1995 , to incorporate additional local enforcement authority and newly revised local limits. RECOMMENDED ACTION The action recommended is to add language to the Wastewater Utility Ordinance which gives the authority to the City to inspect grease trap interceptors. require facility owners and operators to pump grease interceptors, and to require facility owners and operators to use Best Management Practices when kitchen grease is being cleaned into the sanitary sewer. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood wastewater Treatment Plant Pretreatment staff has compleled a study to determine if grease from commercial food processir.g facilities has an impact at the plant and in the sanitary sewer lines: The study results have indicated significant maintenance costs associated with grease both at the plant and in maintaining the sewer lines. A procedure has been developed which allows the City to require these facilities to control the grease at the source. New facilities which meet the criteria will be required to install and maintain grease interceptors. Facilities which are currently doing business in the area and have no grease interceptors are required to use the Best Management Practice to keep all greases from entering the sanitary sewer system . If a commercial facility is the source of a grease problem, the owner will be required to install a grease interceptor if it ii deemed necessary . This ordinance amendment gives the City the authority to enter the property of a food processing facility and inspect the equipment to assure that it is being maintained property and to require the owner to adopt management practices which will reduce the grease from the sewer system . This authority extends into the connector districts through the standard connectors agreement. A similar ordinance has been paned in Litlleton to include their connector districts. The Littleton/Englewood Supervisory Committee has l'9COfflffl8nde that a centralized inspection program be implemented for the entire service area. Recommended staffing level ii one part time pel'IOl'I, working approximately 20-24 hours/week. Purchase of necessary equipment includes one small van or truck, office furniture , and lap top computer. Additional costs include outside training . It is recommended that this position be filled during the first quarter of 19915 . -•• ,- • . .. I • • 0 ' ]- • • • .. Acronym• found In fhe propoaed amendments .. delfned •: POlW: Publicly Owned Treatment Works BMP : Best Management Prac:tice FINANCIAL .. ACT ,, - .. .. First year cost is eatimated to be $36,000 . The cost wlU be shared with Littleton • an operating coat based on the flow contribution of each service aru (currently 55 .7% Englewood and 44 .3% Littleton). Funds are available from the Sewer Fund and are not included in the 1996 budget propoeal . Continuing costs are estimated to be $20,000 annually . UST OF ATTACH•NTS Proposed Ordinance Position/Program Description Draft ,----..-........, ' -"'. A • , II • ' ' • .. I. • 0 • . ,~ • '· Littleton/Englewood Wastewater Treatment Plant Position Description: POSmON: Collection System Inspector Part Time/Pennancnt 20-24 hours/week Flexible schedule POSITION REPORTS TO· Industrial Pretreatment Administrator POSITION LOCATION· Existing space in administration building/work space DRAFT The person filling this position will work in the field 9()0/o of their time. A work space is required to prepare and complete reports, make telephone communication with district and city representatives, and develop/review data. The work space may be located in one of two areas: the laboratory or the current reference room. Office Equipment: desk and chair, book shelf, telephone, file, and computer (possibly lap top for use in field and office) PART TIME POSITION · 16-20 hours/week The cities of Littleton and Ena)ewood, combined, make up approximately one third of the service area. The rcmainin& two thirds of the area is c:ompoled of approximately 24 water and sanitation districts which have qreements with either Enalewood or Littleton. The Collection System Inspector position will be required to inspect and implement procedures throughout the entire drainaae basin. Estimating 4 hours per city per week = 8 hrs. 8 hrs . X 3 •24 hours/week Based on the above factor, this position will be part time, workina between 20 and 24 hours per week. . ' .. I . . 0 ]- • • ,- • • (, .::<:•;";!,--~ . .• !::.. • Uttleton/Enalewood Wastewater Treatment Plant Position Description: Collection System lupector Pqel YEWCLE/MILEAGE · This position will require a designated vehicle : a small truck or van The service area is approximately 74 square miles in size. This position will be required to inspect the entire area TRAINING · The person holding this position will require both outside formal training and internal training from the Littleton and Englewood utilities staff, Pretreatment Administrator, and collection systems training courses . Direct communication with district representatives will be required initially to identify affected area restaurants . PROGRAM RESPO NSIBILIJ]ES GOALS · Collection Sy stem Inspector Responsibilities: • Inspection of collection system and connectors • Reporting • Coordination with Districts and cities • Data collection Pretrearment Administrator/Staff Responsibilities : • Management • Best Management Practice • Sampling • Database tracking • Cost • T raclting/monitorin&fmapitude of problem 1. One year to determine mqnitude of problem Current estimated costs usociated with maintenance directly related to peae: Annual maintenance at plant S44, l 7S Annual replacement parts at plant 13,192 Littleton annual line maintenance 16,154 Englewood annual line maintenance 6, l SO Districts annual line maintenance ulmowa Annual treatment plant modifications 23,000 Total 2. Oil and grease costs reduced by : 1st year 25% Lona nnae 75% $25,142 $77,521 $103,371 • . .. I . • 0 I 2 I - - • • • ·, • <. .. UUletoll/Eqlewood Wutcwater Tnat-t Plut Plllitioa Dacriptioll: Colleetioa Systea laspector l'llpl Ptrso,rnel Salary-$13,S30-$16,910/yar Bencfits-$3,SOO/year 3 months training 9 months tracking and monitoring .. First Year-S20 hours bued on 20 hoW' weeks . Initial Investment: Truck-$12,000 modular fumiture-SS,000 lap top computcr-$1,SOO Outside training-SSOO Total First Year Cost-$36,000 On-going cost (part time)-$20,000 ', . -~~--..... .. I . . 0 . . . ' ~ " . m' - • ORDINANCE NO . _ SERIES OF 1995 • • • . . BY AUTHORITY A BILL FOR COUNCIL BILL NO. INTRODUCffi BY COUNCIL MEMBER 'ft'• AN ORDINANCE AMENDING THE WASTEWATER UTILITY ORDINANCE TITLE 12, CHAPl'ER 2, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WITH THE ADDITION OF A NEW SUBSECTION F, ENTITLED OIL AND GREASE INTERCEPl'OR INSTALLATION . WHEREAS, this amendment will give the City the authority to inspect grease trap interceptors, require facility owners and operators to pump grease interceptors, and to require facility owners and operators to use Best Management Practices when kitchen grease is being cleaned into the sanitary sewer; and WHEREAS , the Littleton /Englewood Wastewater Treatment Plant Pretreatment staff has conducted a study to determine if grease from restaurants has an impact at the Wa s tewater Treatment Plant and in the sanitary sewer lines; and WHEREAS, the study determined that there were significant maintenance costs associated with grease both at the wastewater plant and in maintaining the sewer lines; and WHEREAS, this amendment will allow the City to require restaurants to control the grease at the source and new restaurants which meet the criteria will be required to install and maintain grease interceptors; WHEREAS, restaurants already doing business and have no grease interceptors will be required to use the Best Management Practice to keep all greases from entering the sanitary sewer system; and WHEREAS , if a restaurant is the source of a grease problem, the owner will be required to install a grease interceptor if it is deemed necessary ; and WHEREAS , thi s amendment gives the City authority to enter the property of a r estaurant owner and inspect the equipment to assure that it is being maintained prope rl y an d require the owner to adopt management practices which will reduce the grease from th e sa nitary sewe r system; and WHEREAS, th e proposed amendments have been approved by the Enrlewood Water and Sewer Board at the October 10, 1995 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon ). The City Council of the City of Englewood, Colorado hereby approves the am endment to Title 12, Chapter 2, Section 4, Subsection F, and the re-letterina of Paragraphs F through J, Oil and Grease Interceptor Installation of the Ene)ewood Municipal Code which shall read as follows : . I . ..... l I • • 0 I - • • • • 12-2-4 : PRIVA'ft: SEWERS, CONNECnONS AND REPAIRS: A. Buildings to Have Separate Connection&. Each building shall be aerved by it& own sewer service line, and no connection shall be made by extending the service from one property to another property. Each aeparat.e building in a planned unit development shall have a aeparate sewer aervice line. B. Old Private Sewers. Old private sewers may be used in connection with new buildings only when they are found to meet all requirements herein and solely at the risk m the uaer; otherwise, old private se-rs shall be pluaecf at the user's expense upon discontinuance m service. The pluc in the old private sewer must be inspected and approved and a plan review and inspection fee will be charged by the City. C. Design and Construction. The size, slope, alignment, and materials of construction of a private sewer, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench and all other work shall conform to the requirements of the Building and Plumbing Code or other applicable codes, laws, rules and regulations rl Federal, State, and local entities. D. Private Sewer Elevation. In all structures where the elevation is too low to permit gravity flow to the public sewer, sanitary sewqe diacharp from such structure shall be lift.eel and discharged to the sewer by a City and Tri-County Health Department approved facility which shall be operat.ecl and maintained by the user. E. Installation and Maintenance. All costs and expen1e1 incidental to the installation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or pltllllber to make connection to and install a sewer. The service line from the public NWer main line to the IU'lldure te be aervad shall be installed by the property owner at his e11p1111e. The owner shall hold the City harmless for any •-or damap 1111& may directly or indinctly be occasioned by the installation m the service line or the malfunction many old private sewer. The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the ltrueture to be served . The owner 1hall lr.eep the service line for which he is responsible in good condition and 1hall replace at his expense any portions thereof' which, in the opinion m the Director m Utilitiu, have become damapcl or disintegrated as to be unfit for further UN, or is in such condition to permit infiltration into the 1y1t.em . All repairs shall be eompletad within thirty (30) days after notification and shall be completed by a banded contractor. The owner shall be respon1ible for returning the public ript m way and the street to acceptable City standards. -2- • • • 0 I • "' - ]-• . • • .. ] F . OIL AND GREASE INTERCEPTOR INSTALLATION : 1. GREASE INTERCEPTOR INSTALLATION CRITERIA : GREASE TRAP INTERC EPTORS ARE REQUIRED FOR ALL FACILITIES USED AND OPERATED REGULARLY FOR THE SALE OF PREPARED FOOD , INCLUDING BUT NOT LIMITED TO RESTAURANTS , CAFES, FAST FOOD OUTLETS, PIZZA OUTLETS, DELICATESSENS, SANDWICH SHOPS AND ANY AND ALL OTHER KINDS AND TYPES OF FOOD VENDING ESTABLISHMENTS IN WHICH ANY FOOD PREPARATION (INCLUDING HEATING OR DEFROSTING IN OR BY MEANS OF ANY KIND OF OVEN OR HEATING DEVICE) TAKES PLACE ON THE PREMISES, WHETHER OR NOT SUCH FACILITIES .. ARE LOCATED IN A SEPARATE BUILDING OR STRUCTURE OR OCCUPY SPACE IN A BUILDING OR STRUCTURE THAT IS OCCUPIED BY OTHER BUSINESSES, AS WELL AS SCHOOLS, CHURCHES, BOARDING HOUSES WITH COMMUNAL KITCHEN FACILITIES, NURSING HOMES, AND DAY CARE CENTERS WHICH HAVE KITCHENS AND ENGAGE IN THE PREPARATION OF FOOD . I N ADDITION , MEAT CUTTING FACILITIES AND OTHERS CAPABLE OF DISCHARGING SIGNIFICANT AMOUNTS OF GREASE I N TO THE POTW SHALL BE REQUIRED TO INSTALL GREASE INTERCEPTORS . THE EXCEPTION SHALL BE THOSE FACILITIES GRANTED A VARIANCE BY THE DIRECTOR OF UTILITIES WITH THE APPROVAL OF THE WATER AND SEWER BOARD. GREASE INTERCEPTORS SHALL NOT BE REQUIRED FOR PRIVATE RESIDENCES OR DWELLINGS UNLESS THERE ARE COMMERCIAL USES WITHIN THE DWELLINGS THAT GENERATE AMOUNTS OF GREASE BEYOND THAT GENERATED BY A RESIDENTIAL DWELLI N G . 2 . GREASE I NTERCEPTOR SIZING CRITERIA : THE DIRECTOR OF UTILITIES SHALL PROMULGATE RULES, REGULATIONS AND CRITERIA FOR GREASE INTERCEPTOR SIZING. 3 . INSPECTION OF GREASE INTERCEPTORS: THE DIRECTOR OF u TILITIES SHALL ESTABLISH AN INSPECTION PROGRAM FOR GREASE INTERCEPTORS. THE DIRECTOR OF UTILITIES SHALL DEVELOP RU LES AND REGULATIONS TO INVENTORY ALL GREASE I NTERC EPTORS AND DOCUMENT THE INSPECTIONS OF THES E INTERCEPTORS . 4 . GREAS E I NTERC EPTOR PUMPING SCHEDULES: ALL USERS CO N N ECTED TO GREASE INTERCEPTORS WILL BE REQUIRED TO P U MP OUT THEIR INTERC EPTORS AT INTERVALS DETERMINED I N RU LES , REGU LATIONS AND CRITERIA PROMULGATED BY THE DIRECTOR OF UTILITIES. 5 BIOLOGI CAL TREATME NT : BIOLOGICAL TREATMENT SHALL I NOT BE A SU BS TITUTE FOR THE P UMPING OF THE GREASE • • 11':T ER CE PTO R . 0 .3 . • ,, -• • I • . ' • • 6. EXISTING SOURCES NOT CONNECTED TO GREASE INTERCEPTORS : EXISTING SOURCES NOT CONNECTED TO GREASE INTERCEPl'ORS AND WHICH CONTRIBUTE SIGNIFICANT AMOUNTS SHALL BE IDENTIFIED THROUGH INSPECTION OF THE COLLECTION SYSTEMS. ONCE THESE SOURCES ARE IDENTIFIED, THEY WILL BE REQUIRED TO IMPLEMENT BEST MANAGEMENT PRACTICES (BMP'S) TO KEEP OIL AND GREASE OUT OF THE POTW . THE DIRECTOR OF UTILITIES SHALL PROMULGATE RULES, REGULATIONS AND CRITERIA FOR BMP'S . IF THE BMP'S ARE NOT SUCCESSFUL AT THE FACILITY AND THE FACILITY CONTINUES TO CONTRIBUTE SIGNIFICANT AMOUNTS OF OIL AND GREASE TO THE SANITARY SEWER, AS DOCUMENTED BY FIELD INSPECTIONS, THEN THE FACILITY WILL BE REQUIRED TO INSTALL AN ADEQUATELY SIZED GREASE INTERCEPTOR. 7. RIGHT OF ENTRY : WHENEVER IT IS NECESSARY TO MAKE AN INSPECTION TO ENFORCE ANY PROVISIONS OF THIS SECTION, OR WHENEVER THE DIRECTOR OR HIS/HER DESIGNEE BELIEVES THAT THERE EXISTS IN ANY PREMISES SUBJECT TO THIS SECTION ANY CONDITION OR VIOLATION WITH REGARD TO THE USE AND MAINTENANCE OF OIL AND GREASE INTERCEPl'ORS, THE DIRECTOR OF UTILITIES OR HIS/HER DESIGNEE MAY E:NTER SUCH PREMISES TO INSPECT THE SAME PROVIDED THAT HE/SHE SHALL FIRST PRESENT PROPER • CREDENTIALS AND REQUEST AND BE GRANTED ENTRY, OR OTHERWISE HAVE GROUNDS FOR A SEARCH WARRANT EXCEPl'ION AS MAY BE AUTHORIZED BY LAW. IF REQUESTED ENTRY BE REFUSED, THE DIRECTOR OF UTILITIES OR HIS/HER DESIGNEE SHALL HAVE RECOURSE TO EVERY REMEDY PROVIDED BY LAW TO SECURE ENTRY, INCLUDING, AN ISSUANCE OF AN ADMINISTRATIVE WARRANT FROM THE MUNICIPAL COURT OR, FROM THE DISTRICT COURT OF THE STATE OF COLORADO HAVING JURISDICTION . ~ G. Permit Required . Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit sicned by th e Direc tor of Utilities . G-:-H. Connection Require ment. I. The applicant for the private sewer permit shall notify the Direct.or of Utilities when the private sewer is ready for inspection and connection to the public sewer. The applicant must have secured a permit and have met all City requirements. The connection shall be made under the supervision of the Director of Utilities or his representative. -4- ...... • I .. I . • 0 I - • • • - 2. The owner of any structure used for human occupancy, employment or activity , situate within the City, may be required at such owner's expense to connect such structure to a public sewer, if such a public sewer i s within four hundred feet (400') of the property line of the property upon which the structure is located. Such connection shall be made within ninety (90) days aft.er notice from the Director is aerved on the owner of the property affected ; provided, however, ~ in the event compliance with this subsection causes severe economic hardship ID said person, he may apply tD the City for exemption from this subsection. Such applications shall state in detail the circumstances which are claimed tD cause such economic hardship. Such exempt.ions shall only be gra·11ted to residential users, shall not apply ID other usen, and shall be granted only for such time as the demonstrated hardship exists. Service shall be con s idered complete upon delivery of the notice ID the o" ner of th e propnty or by posting a copy of the notice on the property in question in a conspicuous place and by mailing a copy of such notice , regi t e recl mail , ID th e record owner of the property as disclosed and at the address shown in the current records of the Arapahoe County A ssesso r. 3. If a public sewer is not available within four hundred feet (400') of the property line of the property upon which a house or building is located, a private sewage disposal system constructed in accordance with applicable regulations of the Health Department shall be utilized ID dispose of sewage. 4. In cases where a public sewer was not previously available within four hundred feet (400') of the property line of a property but a public sewer later becomes ava ilable within such distance, the owner may be required ID connect with the public sewer as provided in subsection G2 above. In such event, aft.er the connection is completed, the private sewage di s posal system shall be emptied, cleaned and filled with sand or dirt . 5 . It shall be unlawful for an y person to deposit or discharge, or ID cause ID be de po~i ted or di scharged , ID any wastewater collection facilities any so licl or liquicl wa st<• unless through a connection approved by the City. H-. I. Dam age to POTW . An y pe r so n who maliciously, willfully , or negligently brea k s, d a mages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which is part of the POTW shall be subject ID such action and penalty as provided in Section 12-2-6 of this Chapter. h J . Septic Wa ste Fees and Charges. The wastewater or IK'plic tank waste hauler permit fee shall be one hundred dollars (1100.00). User charge for disposal of hauled wastewater or septage shall be S0 .06/gallon . (Ord . 58 Series 1991) Introdu ce d , r ead in full, and passed on first reading on the 6th day of November, 1995. -5. ..... "' -. , • . I • • 0 '32xl -• • ·~ • Published as a Bill for an Ordinance on the 9th day of November, 1995. Thomas J . Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucri shia 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 pa s sed on fir st reading on the 6th day of November, 1995. Loucrishia A. Ellis -6 - . , •. .. ., I • • 0 . -. .... ·. ' m' J - • • 0 ... • COUNCIL COMMUNICATION COUNCIL MEETING AGENDA ITEM SUBJECT: Amendment of •111e DATE: November 6, 1995 11 a iv Marks" Planned Development INITIATED BY: Mark K. Windhagcr for STAFF SOURCE: Robert Simpson, Man- Trammell Crow Residential Services ager of Neighborhood and Business Devel- opment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Council Goal: Prevjous Council Actjon: The original Planned Development for The Marks development was approved by City Council in 1985. On, October 16, 1995, City Council held a public hearing on the Planned Development Amendment. RECOMMENDm ACTION; Staff requests City Council approve by resolution the proposed amendment to The Marks Planned Development. BACKGROUND; Council considered this request on October 16, 1995. Concern was expreued about the lack of specificity in the request conditions regarding l) What is meant by continuous7, 2) What is a negative impact7 These concerns have been addressed and arc introduced u part of the Council Resolution. First, continuous will generally mean that only one car at a time may pass through the gate, and two, nccative impact will &encrally mean that no accidents, or car stacking docs not create impediments to traffic flow. The remainder of this report is un- changed from previous Council Communications. ·The Marks", a high-density residential devcJopment, was constructed in the mid-to late 1980's on the former KLZ Radio Tower site at South Lafayette Street and US 285. Access to this high density site, throuahout the various devcJopments of Kimberly Woods, Kimberly Village, the Waterford, and The Marks, has been restricted to procect the linp-family resi- ,, - • I . • 0 ]- • • • '. dential areas abutting on the north and on the west. Primary access is from US 285 al South Gilpin Street, and from East Girard Avenue al South Lafayette Street. Staff was made aware in 1993 that The Marks ckwlopmcftt bad been divided by sale. At that time, one manaaement company oversaw the rental/leuina offices for bodl Lot l (The Marks West) and Lot 2 (The Marks). Cumndy, Lot land Lot 2 ~ manapd by diffeftnt compa- nies, and there is need for more direct access to The Marks West a.win& office. The City recopiza the need for the additional point of access, but allD recapillll the neces- sity to protect the adjacent nei&hborhoocls from a greater influx of traffic. '111c Public Works Department has suuested that the point of access be pte controlled, and be for entrance pur- poses only; the applicant has l&Jeed ID this restriction. FJNANCIAL IMPACT; The improvements for the point of access will be al the expense of the applicant. No expendi· turc will be required of the City. UST OF AJTACHMENTS; Resolution . . .. I . . 0 m' '32xl ]- • U:SOWTION ICO. I ' I SERIES OF 1995 ~ ' ,, • • ,. • A IBIOWTION APPROVING AN AMENDMENT TO THB IIAltD PLAMMED DEVELOPMENT. WHEREAS, the Englewood City Council held a public hearinccOII the Marks Planned Development on October 28, 1985; and WHEREAS, the Englewood City Council approved the Marks Planned Development by motion with 20 conditions aft.er a second public hearing held on November 25, 1985; and WHEREAS, Trammell Crow Residential Services filed an application for The Marks West requesting an amendment to the approved Planned Development for the addition of an access drive on South Lafayette Street; and WHEREAS, The Marks was divided by sale in 1993, becoming The Marks and The Marks West at that time : and WHEREAS, in 1993 both The Marks and The Marks West were managed by one management company until May 1995; and WHEREAS, the division by sale was legitimized by the City of Englewood aft.er-the-fact by approval of the "minor subdivision"; and WHEREAS, management by two separate management companies now nece11itates a direct point of access to the leasing/marketing office of The Marks West, such direct access must be via new access from South Lafayette Street; and WHEREAS, the access will be a gated entrance controlled by a loop detector in the pavement; a separate barrier system must be available to prohibit entry whenever the pte is not operational to control the usage of this access point; and WHEREAS, this amendment to The Marks Planned Development was considered by the Englewood Planning and Zoning Commission at a Public Hearing which was held on August22 . 1995 :and WHEREAS, the Englewood Planning and Zoning Commission approved the application by Trammell Crow Residential Services for the amendment of the addition of an access drive on South Lafayette Street with certain conditions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : ...... "' - • ... .. I • • 0 I - J • • r • . • . . . Section 1. The City Council of the City of Englewood, Colorado hereby approves the recommendations of the Englewood Planning and Zoning Commiuion as to the Amendment to the Planned Development of The Marks by the addition ofan acce11 drive on South Lafayette Street which is hereby approved with the following conditions: l. The City of Englewood shall reserve the right to require closure of this acceu drive in the event either of the following occurs: a . The gate allows more than one vehicle through at a time or i1 continuously open (not loop controlled). b. The now of traffic on South Lafayette Street is necatively impacted as a result of this access drive, ie. accident.a occur at the intersection, traffic in the travelway is blocked, U-tums occur at thi1 location. Section 2 . Trammell Crow Residential Services (The Marks West) shall bear the full expense of the foregoing conditions and amendment. Section 3 . A Public Hearing was held on October 16, 1995 at 7:30 P.M . ADOPTED AND APPROVED this 6th day of November, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucri1hia A. Ellis, City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Resolution No._, Serie, of 1995. Loucrilhia A. Ellis ,, - . . ' ' .. I • • 0 m' f 3 2 x l 1- • ,,, -• 0 l• • • COUNCIL COMMUNICATION COUNCIL MEETING AGENDA ITEM SUBJECT: Amendment to King DATE : November 6, 1995 Soopers/Trolley Square Planned 11 a V Development INITIATED BY: James M. Sullivan of Sul-STAFF SOURCE: Robert Simpson, Man- livan Hayes Brokerage, on behalf of Dillon ager, Neighborhood and Business Develop- Companies, Inc . ment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Council Goal: Economic Development Preyjous Council Actiorr City Council approved the King Soopers/Trolley Square Planned Development in May of 1995. On October 16, 1995, City Council held a public hearin& on the proposed Planned Development Amendment. RECOMMENDD> AC]]ON: Staff requests City Council approve by resolution the amendment to the King Soopers/Trolley Square Planned Development . BACKGROUND: Staff has contacted the developer on the issue of the 1rus strip alon& the north comer of the Broadway frontage being removed for a continuous sidewalk. No available replacement alter- natives for landscaping elsewhere on site were identified. The site plan will reflect the adjust- ment. The remainder of the background remains the same as previous reports . There are no other changes to this Council Communication. City Council approved the Planned Development for redevelopment of King Soopen/Trolley Square in May, 1995. The Planned Development is bounded by West Floyd Avenue on the nonh, South Broadway on the cast, F.n&lewood Parkway on the IOUIII, and South Bannock Street on the west. When the Planned Development wu considered by City Council, final design of the recail pad proposed for the northeul comer of the block had nae been deter- • •. I . • 0 ]- • • • ·~ • .. mined. A condition of the original approval wu to requite submission of an amendment to the Planned Development at the time such designs and specifications were finalized. This com- munication achieves that purpose . The amendment propo1e5 a rdail pad site 2,500 1quare feet in me. It is popoaml ID accom- modate two rdail UleS u would be penniaed in die B-1 Zone Dislrict. The daip ol die building is compatible, in tams of style and malaial, with die existing Kin& Soopcn 111ft, and with the existing Kaufman's Men's Store. The p.opoled pad site will include approxi- mately 2,000 square feet of landlcaping, providing a net inc:Jeue of 1,600 1quare feet al land- scaping for the tocal development. ONANCIAL IMPACT; Short-term revenues will be generated throu&h construction and permit fees. Lona-tam reve- nue is generated through the two new rdail busineues' sales tax ~ues. There will alto be additional employment opportunities. UST Of ATTACIIMFN[S; Resolution . ' • . t I . • 0 1 32xl - • I~ RESOLUTION NO. 12.2 SERIES OF 1995 • • • A RESOLUTION APPROVING AN AMENDMENT TO THE DILLON COIIPANIIII, l~C . (KING SOOPERSi PLAN~ED DEVELOPMEJ',,'T . WHEREAS , the Englewood City Council approved the Dillon Companieli, Inc . Planned Development with the passage of Resolution No . 39, Series of 1995; and WHEREAS, Dillon Companies, Inc. filed an application requesting an amendment to the approved Planned Development to include a 2,500 square foot retail pad on the north- east comer of the Planned Development at Floyd Avenue and South Broadway; and WHEREAS, the proposed amendment entails changes only to the proposed pad site as approved on the original Planned Development; and /IIJI WHEREAS, 1.he proposed 2,500 square feet retail pad will be developed with a one story building, the design of the building will be compatible, in terms of style and material, with the existing King Soopers building and Kaufman, Men's Store as well as other buildings in the downtown area : and WHEREAS, the proposed retail uses are permitted in the B-1 zone district; and WHEREAS, this amendment to the Dillon Companies, Inc . Planned Development was considered by the Englewood Planning and Zoning Commission at a Public Hearing which was held on August 22, 1995: and WHEREAS , the Englewood Planning and Zoning Commission approved the application by Dillon Companies, Inc . with certain recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Ses;tjon 1. The City Council of the City of Englewood, Colorado hereby approves the recommendations of the Englewood Planning and Zoninc Commi11ion a& to the amendment to the Planned Development adopted by Resolution No . 39, Series of 1995, of the Dillon Companies, Inc . (King Soopers) to include a 2,500 square foot retail pad on the north- east corner of Floyd Avenue and South Broadway with the followinc recommendation : A . The elimination of the brick planter box as shown around the existinc street tree s . Section 2. The applicant has the option of replacing the four foot wide strip of cra11 which protrudes into th e South Broadway sidewalk with a concrete sidewalk . Doinc IO would maintain a consistent width of sidewalk along this portion of the west side of South Broadway . $r<:Jioo 3 . Each of the foregoing recommendations shall be done at the expense of Dillon Companie s, In c. and at no co s t to the City. ,. - I • • 0 I - • RESOLUTION NO. fL5' SERIES OF 1995 • • • /IP' A RESOLUTION APPROVING Alf AMENDMENT TO THE DILLON COIIPANIIII, l~C . (KING SOOPERSJ PLANNED DEVELOPMENT. WHEREAS, the Englewood City Council approved the Dillon Companies, Inc. Planned Development with the passage of Resolution No . 39, Series of 1995; and WHEREAS, Dillon Companies, Inc. filed an application requestinc an amendment to the approved Planned Development to include a 2,500 square foot retail pad on the north- east comer of the Planned Development at Floyd Avenue and South Broadway; and WHEREAS, the proposed amendment entails changes only to the proposed pad site as approved on the original Planned Development; and WHEREAS, the proposed 2,500 square feet retail pad will be developed with a one story building, the design of the building will be compatible, in terms of style and material, with the existing King Soopers building and Kaufman& Men's Store as well as other buildings in the downtown area: and WHEREAS, the proposed retail uses are permitted in the 8-1 zone district; and WHEREAS, this amendment to the Dillon Companies, Inc. Planned Development was considered by the Englewood Planning and Zoning Commission at a Public Hearing which was held on August 22, 1995: and WHEREAS, the Englewood Planning and Zoning Commission approved the application by Dillon Companies, Inc . with certain recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sect,jon 1. The City Council of the City of Englewood, Colorado hereby approves the recommendations of the Englewood Planning and Zoning Commission 85 to the amendment to the Planned Development adopted by Reaolution No. 39, Series of 1995, of the Dillon Companies, Inc . (King Soopers) to include a 2,500 square foot retail pad on the north- east corner of Floyd Avenue and South Broadway with the following recommendation: A . The e limination of the brick planter box as shown around the existing street tree . Se;ctjon 2. The applicant has the option of replacing the four foot wide strip of gra11 which protrude into the South Broadway sidewalk with a concrete sidewalk. Doing so would maintain a con s istent width of sidewalk along this portion of the west side of South Broadway. Se;ct jon 3. Each of the foregoing recommendations shall be done at the expense of Dillon Companie , Inc . and at no cost to the City. .. I • • 0 'a2xl -• • • .. $ectjon 4. A Public Hearing was held on October 16, 1995 at 7:30 P.M . ADOPI'ED AND APPROVED this 6th day of November, 1995. Thomas J. Bums, Mayor ATTEST : 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. Elli, < . .. I • • • 0 - • • ;- • • COUNCIL COMMUNICATION Date A...-111!111 Subject Housing Authority Purchase November6, 1995 11 a vi -of Sherman Properties Initiated By Staff Source City Manager/City Attorney City Manager/City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION With passage of Resolution No. 84, Series of 1993, City Council approved the appropriation of S 199,000 for the acquisition of 3400, 3410, 3420, 3424 and 3428 S. Sherman and associated demolition costs . Resolutions No. 85 & 86, 1993 approved the actual purchase of these properties. RECOMMENDED ACTION Passage of Resolutions authorizing an Option Agreement for the sale of these properties to the Englewood Housing Authority for $112,500. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED These properties were purchased by the City for parking purposes. Due to the elevation of these properties parking was found to be an inappropriate use. These properties were identified as unnecessary real estate holdings by the City in 1995. Council directed staff to sell or otherwise dispose of these properties . Staff was directed to contact Craig, Spalding and other local hospitals with regard to handicap uses for these properties. Currently the hospital community does not see handicap use as something they wish to pursue with respect to these properties . The Englewood Housing Authority was contacted as to their interest for development of these properties. The Housing Authority has indicated that they are interested in pursuing options to develop these properties if they may be purchased for their current fair market value . An appraisal has been obtained by the City for the properties indicating a current market value of S 112 ,500 . FINANCIAL IMPACT The City would take a loss on these properties from the original purchase price of $157,000 plus $42,000 in demolitions costs at the current option price of $112,500. The loss would allow these properties to be viably developed . LIST OF ATIACHMENTS Option Agreement Cover letter for 199 5 Real Estate Appraisal • I . • 0 , 2 X - ,, 11 II •I I ii SELLER : Addre ,. • • . • ' i. OPTIO!'II AGREDIE'.\'T The City of Englewood 3400 south Plati Street Englewood. Colorado ao110 Date : November 6, 1995 PLRCHASER : The Englewood Hons i og Antborj t¥ Addre ,s : ____ 3..,4LJ6a..0..,_.,.s....__s.,,....h..,e""r_.rna...._n.._.,.s..,.t_.r..,ec:1::e_,_r ... ,"""-'#~l .u0..1.l __ Englewood, Colorado SQlJO ;- In .:o n,ideration oi the ,um oi S J Q Q Q paid 10 the Seller. the receipt and sufficienc~ 0i "hic h Jre hereb~ J,knov.-lcdgcd. the Seller hereby gives and grant s tel Purchaser the exclusive option to purcha.c the fo!I O\\ mg de,cnbed pro perty : Lots l thru 8, Inclusive, Block 7, Premier Addition To Enalewood, County of Arapahoe, State of Colorado also known bv street numbers as 3400,3410,3420 & 3424 s. Sherman Street, Englewood, Colorado 80110. Lots 9 and 10, Block 7, Premier Addition, Englewood, Colorado 80110 also known as 3428 s. Sherman, Englewood, CO. 80110 1ogcther "ith all im provcmcnis thereon. si 1uated in 1he ______ County Ira pa hoe . State of '' Colorado .kna..·nas'.'lo . 3400. 3410, 3420. 3424 and 3428 South Shet:JMn street, Enalewood. Colorado so110 If Purc haser decides 10 purchase the propeny, Purchaser must notify Seller on or before June 3 , -------· 19....9.L . v.·hich notice must be in ,.Tiling and sent by rcgisleffil or cenified mail or delivered per.onally together .. ,th the down payment of $] 00 no . The tocaJ purchase price of the property shall be s 11 2 , 5 O o o o .. h1ch wwt be paid as follow§: Cash or Certified Check. If the opuon "no1 exerc ,~ on or before die*-dale. die ophOII money paid herclllldcr&-.11,wul ... be m1llldcd 10 Purchaser. "-· 15'7 . ~. 9-&J . CJPfkrltii~-,"t•_, • ..._.P\11 ........ ,,2,w .. A .... L..M ..... COll!l•-1)1)t!Jl<elll , , • .. I • • 0 , - - • • • " • . • ' .. In the event the option is exercised . the property will be transferred and the closing will take place upon the following terms and conditions: I. The purchase price will include all fixtures currently on the premises . together with all built-in appliances . all window ca.erings, and all ,.all-10-wall carpeting. all in their present condition . free and clear of all enc umbrances . :?. Seller will furnish a title insurance policy 10 the Purchaser after the closing and pay the premium thereon . 3 . lbc time and place of closing shall be designated by the Seller.who shall convey merchantable title b~ a good and sufficient general .. -arrant)' deed. at such time free and clear of all taxes and encumbrances except those issues of record. 4 . If title is not merchantable . or if the propcny should be damaged prior to closing . the Purchaser may demand and rccei,·e the return of the option money paid hereunder. 5. Taxes. as determined by the current IC\-y and assessment. and all pre-paid items shall be appomo ned to the date of clo,mg when the deed and possession of the property shall be delivered to Purchaser. 6 . In the event of a default hereunder by the Purchaser. Seller shall be entitled to keep the opuon mon~ ,..ithout accounting to Purchaser therefor. In the event Seller defaults under the terms and conditions hereof. the Purchaser may demand and receive the return of the option money paid hereunder. or may have the right to an acuon fo r specific performance of thi s contract . In the event a civil action is filed regarding the terms of this contract. the pl'C'111hng party s nail be entitled to recover all costs and expenses , including reasonable attomcy·s fees. The Englewood Housing Authority The City Of Englewood " - - PURCHASER SELLER Douglas A. Cla:::k , Cit y Mana~er Date:------------------Date :--------------- STATE OF COLORADO. County of Arapahoe The foregoing inStNmcnt was acknowledged before me this ---day of ________ . 19 __ • by ---------,rS-, .... -, --------- M y commission expin:s ------------. 19 ___ . Witness my hand and official seal. --- ..... • ~ I • • 0 '32xl - I I I I I I I I I I J • • • ·, • .. - A,e 0maN ~'i!A.lrf. July 24, 1995 R. A. Kam Engineerirg Manager City of Engleoood 3400 South Elati Street Engleoood, CD 80110 RE: Vacant I.and SEC Sherman & Girard Engleoood, Co Dear R. A. Kahrn: In accordanc:e with yai.r-request, we have prepared a c:atplete, self =tained narrative appraisal report for the subject prcperty. The subject is ten vacant lots =tainin; 31,250 square feet of land located on the SCAJtheast corner of South Shennan Street and Girard Avenue in E?Ygleoood, Colorado. The ?-JrPCSe of this appraisal report is to estimate the Market Value of the subject prq:>erty as of July 7, 1995. nus value, as used herein, is fu...-cher defined in the cll=,Praisal report . Fee si11t:>le interest is appraised. ~s appraisal. will be used for internal decisioo making ~ by =-client. All land sale carparables were reviewed for cash equivalency. The subject narrative appraisal report was d:ne in acc.ordance with the ~sal standards of the JIR)raiScli Institute, as UI¥3erstood by this appraisal office. The meth::ds used and all pertinent data gathered in wr investigatioo is included with the accc::rTpailyll' narrative report. All informatioo was ootained fran 5a.ll"C'eS believed to be reliable . We certify that we have no present or contenplated future i:lterests in the prcperty beyaxi this estimate of value . Yrur attentioo is specifically directed to the Limiti.")3 Ccn:iiti= and AsSU!lpticns settioo of this report where the parameters of the assigme.'lt r.ave bee.'l out _ined in rrore detail. As of July 7, 1995, the awraiser has estimated the "As Is" Market Value for the subject prcperty at: CIIC BllQID 'JWLYI 'DQBNI) PIYI IQAID IXJlzMIS $112,500 . . • . I . • 0 I - - • • ·, • <. Anes 9Jnf¥N GtrMP, Inc. Page Two SEX: Sherman/Girard This ~raisal CCl'lSiders real estate cnly. The scx:pe of the ~raisal a:,es rx,t include furniture, fixtures, equipnent, persCllal prc:perty or business interests. No envircnnental study or soils report was provided to the ~ser for review. An irtportant asslmpticn of this ~ report is the property is ~ negatively affected by the existerx:e of hazarm.is substances or inferior soils. The ~ report is subject to a Phase I envircntental report an:i soils report verifyin;J this as&npticn. No current site survey was available for review by the~- We cq::preciate the q:portunity to provide ~ ~sal services for ywr firm. Sincerely, ~~~ Certified General~ License No. AC01313663 Federal ID No. 84-1065421 m. McHenry '-r Licensed .Appraiser License No. CG01313620 . -' .. ltl:,~...... l~ . , .. I . . 0 , - RESOLUTIOX NO. / d' /l SERIES OF 1995 1..(/Jf • • • A RESOLL,ION AUTHORIZING A."11 OPTION AGREEMENT FOR THE SALE OF THE CITY OF EXGLEWOOD PROPERTIES LOCATED AT 3400, 3410, 3420, 3424 and 34~8 SOUTH SHER.\IA..~ STREET TO THE ENGLEWOOD HOUSING At:THORJTY . \\'liEREAS , on September 7 , 1993, the Englewood City Council authorized the purchase of 3400. 3410, 3420, 3424 and 3428 South Sherman Street by the City; and WHEREAS, the Englewood Housing Authority desires an option to purchase these properties from the City ; :'\OW. THEREFORE. BE IT RESOLVED BY THE CITY COUXCIL OF THE ClTY OF E:'\GLEWOOD . COLORADO, THAT: ;:: .. ,,,or 1. The City Council of the City of Englewood, Colorado hereby authorizes an Opti on tc ?urchase 3400. 3410, 3420. 3424 and 3428 South Sherman Street to the Englewo od Housing Authority for the purchase price of Sl 12.500. Se,tjon ?_ The City :',,lanager is authorized to execute and the City Clerk to attest and seal the Option Agreement for and on behalf of the City of Englewood. ADOPTED AXD APPROVED this 6th day of :'.liovember , 1995. Thomas J . Bums. Mayor ATTE T : Loucn s h,a A . Ell is, City Clerk I. Loumshia A . Ellis . City Clerk for the City of Enelewood, Colorado, hereby cemfy the above is a true copy of Resolution No ._, Series of 1995. Loucrishia A. Ellis • I • ..... I • • 0 f 32xl ]- • • • u. b. 1. BY AUTHORITY ORDINANCE NO. _ SERIES OF 1995 COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE FIXING THE TAX LEVY IN IIIUS UPON BACH DOLLAR OP THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF IIIQUIWOOD, COLORADO, AND ESTABUSHINO A MILL LEVY POR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, it is the duty of the City Counci Englewood Home Rule Charter and Colorado City purposes : and the City of Englewood, Colorado, under the vised Statutes, to make the annual levy for WHEREAS , the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of'the Colorado Constitution without a vote by the citizens ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $e1:tjon J. That there be and hereby is levied for the year of 1995, due and payable as required by statutes in the year 1996, a tax of5.880 mills on the dollar for the General Fund of' the City of Englewood, Colorado, and 2.035 mills on the dollar for the Community Center Bond Fund Debt Service Fund of the City of Englewood, Colorado. That the levy herein above &et forth &hall be levied upon each dollar of the •-led valuation of all taxable property within the corporate limits of the City ofEnclewood, Colorado , and the said levy shall be certified by law . Se1:tjon 2. That under the authority of the Colorado Revised Statutes and the Engl-ood Home Rule Charter, there is hereby levied for the year 1995, due and payable as required by law in 1996 a tax of 4.397 mills on the dollar for the use and benefit of the Englewood Downtown Development Authority . The levy herein above set forth shall be levied upon each dollar of a111esled valuation of all taxable property within the Englewood, Colorado, Downtown Development District, and the said levy shall be certified as required by law . Introduced , read in full , and passed on first reading on the 16th day of October, 1995. • I • ' .. I . • 0 , ]- • ,- • • ... Published as a Bill for an Ordinance on the 19th day of October, 1995 . Read by title and passed on final reading on the 6th day of November, 1995 . Published by title as Ordinance No ._, Series of 1995, on the 9th day oCNovember, 1995 . ATTEST : Thomas J . Bums, Mayor 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 published by title as Ordinance No. _, Series of 1995. Loucrishia A. Ellis -2 - • ' , •, ... I • • 0 I .... ,.. ; I ]- ]- ORDINANCE NO. _ SERIES OF 1995 • • • BY AUTHORITY COUNCIL BILL NO . 66 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE ADOPl'ING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1996. 11 b 11 WHEREAS, punuant to the provisions of Part I of Article X of the Charter ol the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fiacal year 1996 was duly submitted by the City Manager to the City Council on September 14, 1995; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks aft.er its submission at the meeting of the City Council on October 2, 1995, regular notice of the time and place of said hearing having been published within seven days after submission of the budget in the manner provided in the Charter for the publication of ordinance; and WHEREAS, the City Council of the City of Englewood has studied the budpt on numerous occasions; and WHEREAS , it is the intent of the City Council to adopt the 1996 budcet as now submitted; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : "' - S.:rtjon l . That the budget of the City of Englewood, Colorado, for the fiacal year 1996, u submitted by the City Manager and duly considered by the City Council after public hearine, be and hereby is adopted as the budget for the City of Englewood for the fiKBI year 1996. S,.rtjon 2. GENERAL FUND Total Fund Balance, January l, 1996 Revenues Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous lnterfund Transfers Total Revenues . t • J!Mlfi 6\IQGEI S 6,59'l,824 $22,183,000 ' . ' I • • 0 '~') I ]- • • • Expenditures Legislation City Attorney's Office Municipal Court City Manager's Office Administrative Services Financial Services Public Works Safety Services Library Services Recreation Services Total Expenditures Transfers Out Contingencies Five Year Capital Plan <. Total Fund Balance, December 31 , 1996 5t:ctjon 3 DEBTSERVICEFUNDS Communjty Center Bond Debt 5eO'i£e Fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance , December 31 , 1996 Paving Pi5tti£\ f133 Deb\ $ezyii:e Fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance , December 31 , 1996 J996BUQGET 169,000 500,!W 499,100 l,1~400 1,209,000 912,100 3,418,800 11,015,800 736,900 3(QUQ) $22,656,700 s 517,000 s 100,000 s 269,600 s 5,232.524 s 98,898 s 462,200 $ 476,100 s 6,842 S 39,700 s 43.DOO s 3,542 Paving District !34 /Concrete Pi1trist 1991 Qcht 5c00cc Fund Fund Balance, January 1, 1996 S Revenues Expenditures Fund Ba lance , December 31 , 1996 -2 - ' s s s "' - , ' r [Cl .. I . ' • • • 0 I - - • • • . • ' ... 1996 DJTPGET Paving District · Englewood Commerce I Industry Center Debt 5eaice Fund Fund Balance, January 1, 1996 $ <173,679> Revenues Expenditures Fund Balance, December 31, 1996 CoorTilY': Rep)acerneot Qi&tcirt 1992 Qeht 5eryjce Fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance December 31 , 1996 Paving Qjstrjc;t •a§ Qebt Service Fund Fund Balance, January 1, 1996 Revenues Miscellaneous Expenditures Fund Balance, December 31, 1996 Pa>'inr Diwist #37 Debt Scrvise Fund Fund Balance, January l, 1996 Revenues Expenditures Fund Balance, December 31, 1996 ScaiPD 1 SPECW. REVENUE FUNDS Coowr,11tion I01st Fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance, December 31, 1996 -3 - ' -----~-- s 47/m $ 20,700 $ <146,579> $ <104,770> $ 12,200 $ 8,800 $ <91,370> $ <24,601> $ 5,81() $ 2,400 $ <21,401> $ 3,510 $ 4,100 s 6.-> s 1,010 S 270,ffl S 317,500 $ 532,900 $ 56,327 • ,._ • I ' • . .. I • • 0 l ..... ]- • • • • Community PexeJopment BJw;k Grant fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance, December 31, 1996 Donors Fund Fund Balance, January l, 1996 Revenues Expenditures Fund Balance, December 31, 1996 Section 5 CAPITAL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance, December 31, 1996 Qonrn:tc 8cel1C1:roco& Qilkic;t lffl Fund Balance, January 1, 1996 Revenues Expenditures Fund Balance, December 31, 1996 •. -4. ~ ' "' - • . -. t996BUQGET s 176,755 s 2,000 s 10,000 $ 168,755 $ 114,612 $ 149,700 S 151,200 $ 113,112 S 1,150,623 S 1,852,800 $ 1,957,aJ • l,(M5,823 • ~ ' ·--• -.000 • ~ .., I • • 0 • f __ I -• • • ~. Sectjon 6 INTERNAL SERVICE FUNDS Service Center Fund Funds Available, January l, 1996 Revenues Expenses Funds Available, December 31, 1996 Canital Eouiement Beo]ascment Fund Funds Available, January l, 1996 Revenues Expenses Funds Available, December 31, 1996 Central Services Fund Funds Available, January 1, 1996 Revenues Expenses Funds Available, December 31, 1996 Risk Maneument 5elf-lnsuraoce Fund Funds Available, January l, 1996 Revenues Expenses Funds Available, December 31, 1996 Health 5clf-101ur1ncc Fund Funds Available, January 1, 1996 Revenues Expenses Funds Available, December 31 , 1996 .5. ' J996 BJJDGET S 179,230 $1,172,400 $1,159,700 $ 191,930 $ :D,()50 $ 436,300 $ 278,000 $ 467,350 S 57,936 $ 195.000 $ 188,600 $ 64,336 $ 366,163 $ 824,200 s 751,500 s 438,863 S 507,766 12,617,400 . , • ... I • • 0 f ~ft ~ I - ' Sect,jon 7 ENTERPRISE FUNDS Water Fund <. Funds Available, January 1, 1996 Revenues Expenses Funds Available, December 31, 1996 Sewer Fund Funds Available, January 1, 1996 Revenues Expenses Funds Available, December 31 , 1996 S1prm Drainage Fund Funds Available , January 1, 1996 Revenues Expenses Funds Available, December 31 , 1996 Go)f Course Fund Funds Available, January 1, 1996 Revenue s Expen&es Funds Available , December 31 , 1996 Project Buj)d Fund Funds Available, January l, 1996 Revenue s Expenses Funds Available, December 31, 1996 • • • -6 · 1996 BJJQGET S 1,293,040 S 14,060,200 s 5,918,800 s 9,434,440 S 21,010,432 s 6,089,300 s 8,118,400 S 18,981,332 s 129,193 s 121,900 s mB,400 s 42,693 S 599,395 S 1,679,100 S 634,931 • a,,ooo s 400,000 • l,IM,931 ,, -. . ' ' • .. I • • 0 - • • • - Sectjon 8 FIDUCIARY FUNDS Nonemeurencv Pen&ion Fund Fund Balance, January 1, 1996 Revenues Expenses Fund Balance, December 31, 1996 Po)ice Pension fund Fund Balance, January 1, 1996 Revenues Expenses Fund Balance, December 31, 1996 fire Pension fund Fund Balance, January 1, 1996 Revenues Expenses Fund Balance, December 31, 1996 YoJuoteec fireGrbms Pension Fund Fund Balance , January 1, 1996 Revenues Expenses Fund Balance, December 31, 1996 MaJJev Center Trust Fund Fund Balance , January 1, 1996 Revenues Expenses Fund Balance , December 31, 1996 Parks and Beaea&ian Tru1t fund Fund Balance, January 1, 1996 Revenue s Expe n se -7 - L• ,- • . 1996BJJDGET S13,5?.8,004 s 1,108,100 s 7:rl,200 S 13,898,904 ... S 6,603,862 s 841,400 $ 620,000 $ 6,825,262 S 10,103,930 s 817,900 s 742,300 $10,179,530 $ 575,000 • 30,000 • S8,800 • 546,3)0 s 250,266 • 10.000 s 40,000 • 220,266 • 58,741 I • • • 23JiOO • 4,100 0 ..... -• • • Fund Balance, December 31, 1996 Special Assessment SumJus & Pe6,iency Fund Fund Balance, January 1, 1996 Revenues Expenses Fund Balance, December 31, 1996 Section 9 JOINTVEN'IlJRES t996BUQGET $ 78,141 $ 16,31M) $ 40,000 $ 40,400 $ 15,91M) LJTTLETON!ENGLEWOOP WASTEWATER TREATMENT PLANT JOINT VENTURE Funds Available, January 1, 1996 $ 115,674 Revenues Expenses Funds Available, December 31, 1996 $10,20'2,930 $10,20'2.930 $ 115,674 Ses;tjon 10. That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inspection . Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 16th day of October, 1995. Published as a Bill for an Ordinance on the 19th day of October, 1995. Read by title and pa sed on final reading on the 8th day of November, 1995. Publ i hed by title a Ordinance No . _, Series of 1995, on the 9th day of November, 1115. ATTEST : Thomas J . Bums, Mayor Loucris h,a A. Elli s, City Clerk I, Loucrishia A. Ellis, City Clerk of the City ofEnpwood, Colorado, hereby certify that the above and foregoine i11 a true copy of the Ordinance pauecl on final readin1 and published by title H Ordinance No . _, Series of 1995. Loucrishia A. Elli• -8 · ,,_ . , • ' .. I • • 0 1 32xl - • ORDINANCE NO . _ SERIES OF 1995 • • • BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER HATHAWAY 11 b iii AN ORDINANCE APPllOPIJATING II FOil ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING MJIUAltY 1, 1996, AND ENDING DECEMBER 31, 1996, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1996 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S..c;tion 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balance during the year beginning January l, 1996, and ending December 31 , 1996 , the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : Legislation City Attorney's Office Municipal Court City Manager 's Office Administrative Services Financial Services Public Works Safety Services Library Services Recreation Services Contingency Transfers Five Year Capital Plan Total General Fund GENERAL FUND S Ui9,000 500,900 499,100 1,185,400 1~.000 912,100 3,418,800 U,OJ.5.600 736,900 3,GIB,900 100.000 517,000 .Jlll,,U2 $23,543,300 COMM\JNlTY CENTER BOND DEBT SERVICE DJND Total Community Center Debt Service Fund S 476,100 PAYING DISTRICT ft33 DEBI SERVICE fl!ND Total Paving District #33 Debt Service Fund S 43,000 PAYING msTRlCT ft34/Conmte Di&Ltict 1991 DEBT SERYJCE fl.IND Total Paving District #34/Concrete Debt Service Fund S 31,600 -I - • I • • 0 - • • • • '· ... PAYING DISTRICT· ENGLEWOOD COMMERCE & INDUSTRY CENTER DEBT SERVICE FUND Total Paving District -Englewood Commerce & Industry Center Debt Service Fund $ 20,700 CONCRETE REPLACEMENT DISTRICT 1992 DEBT SERVICE FUND Total Concrete Replacement District 1992 Debt Service Fund PAYING DISTRICT f36 DEBT SERVICE FUND Total Paving District #36 Debt Service Fund $ PAYING DISTRICT 131 DEBT SERVICE FUND Total Paving District #37 Debt Service Fund $ 6,600 CONSERVATION TRUST FUND Total Conservation Trust Fund $ 532,900 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Total Community Development Block Grant Fund DONORS FUND Total Donors Fund P\JBLlC IMPROVEMENT FUND Total Public Improvement Fund $ 10,000 $ 151~ I 1,957,600 CONCRETE REPLACEMENT DISTRICT 1995 FUND Total Concrete Replacement District 1995 Fund SERYICENTER FUND Total ServiCe nter Fund -2 - I 285,000 I 1,159,700 . , ,. • I . • 0 1 32xl - - • • • CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ 278,000 CENTRAL SERVICES FUND Total Central Services Fund $ 188,600 RISK MANAGEMENT SELF-INSURANCE FUND Total Risk Management Self Insurance Fund $ 751,500 HEALTH SELF-INSURANCE FUND Total Health Self-Insurance Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund STORM DRAINAGE FUND Total Storm Drainage Fund GOLF COJ!RSE FUND Total Golf Course Fund PROJECT BUJLD DJND Total Project Build Fund NONEMERGENCY PENSION FUND Total Nonem e rgency Pension Fund POUCE PENSION FUND Total Police Pension Fund FIRE PENSION FUND Total Fire Pension Fund $2,595,600 $5,918,800 $8,118,400 $1,S43,800 $ 400,000 • 737,200 • 742,300 VOLUNTEER FIREFIGHTERS PENSION DJND Total Volunteer Firefighters Pen si on Fund .3. • . .. I. • 0 '32xl ]- ]- • • • .. MALLEY CENTER TRUST FUND Total Malley Center Trust Fund S 40,000 PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ 4,100 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 40,400 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT JOINT VENTURE FUND Total Littleton/Englewood WWTP Joint Venture Fund $10,202,930 Sec;tjon 2 The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1996 . Sectjon 3. All monies in the hands of the Director of Financial Services, or to come into the Director's hands for the fiscal year 1996, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1996 . Sec;tjon 4 All unappropriated monies that may come into the hands of the Director of Financial Sen•ices during the year 1996, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law . Sectjon 5 . During or at the close of the fiscal year of 1995, any surplus money in any of the respective funds, aft.er all claims for 1995 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 16th day of October, 1995. Published as a Bill for an Ordinance on the 19th day of October, 1995. Read by title and passed on final reading on the 6th day of November, 1995. Publ is hed by titl e a s Ordinance No ._, Series of 1995, on the 9th day of November, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -4 - ' , ' • I • • 0 I - - • ,. • • • 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 published by title as Ordinance No . _, Series of 1995. Loucrishia A. Ellis .5 . ,. - . ' •, .. I • • 0 - • • • • CINDERELLA CITY STATUS REPORT OUTSTANDING ISSUES FOR NOVEMBER 6, 1995 • MIiier-Kitcheii • • • • Activity: Development Agreement Completion . Nothing new to report pending resolution of below items. Equitable Activity : Environmental Due Diligence. Underground tank removal continues at former J . C . Penney automotive store (Colorado National Bank). Environmental survey on Wards store nearing completion . Activity : Lease surrenders . No activity since last report. Activity: Purchase/Sale Agreement Completion . Negotiations continue . Mercantile Activity : Mercantile Property Gift to City . Negotiations continue. Mercantile has for a status report from the city regarding Equitable and Wards . Activity· Environmental Due Diligence. Environmental survey protocols completed. Survey work pending. Activity · Environmental Clean-up Costs To be negotiated . Actiyity : Purchase/Sale Agreement Completion . Negotiations continue . Montgomery Ward Activity : Environmental Due Diligence Completion . Environmental survey underway and nearing completion . Activity : Wards Lease Surrender. Negotiations continue . Wards said they are reluctant to take a 1995 book value write-off. They are still evaluating the charitable gift to the city option or possible 1996 write-off. Estimated Cost of Contingent Llabllltla Estimated total contingent liability costs : $1.4 million to $5.8 million . ..... 13 a I . • 0 , 2 I - • • • 0 :. - 5. l ) C 10 ~ /1r I /II Jttd.:lb Offtl~ /)Ht(;/_ ,----------111111111111111-. \ . . • . .. ,. . I . . ' • • • . - • 0 : • • .· \ . ,. - . . • ---- ----- I . . 0 • - 0 • • . . . I . . 0 , "' . • - • • I . . 0 • • ,,_- - 0 •• . ' .. • • • I . . 0 • ~ ' ' .. • • <, • • • NOVEMBER 20, 1995 REGULAR CITY COUNCIL MEETING "' - • .. I . . 0