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2002-09-16 (Regular) Meeting Agenda Packet
; 0 ; ·• • • ... · ... • •' l .. .,. . .:_ .... . .. . ·. I . -,. f: ' • . .. ·• . ~ .• . . • r--.. I i \ l L~ c---\ \' t I l.:l--..) '• .. ------~--~~·~·~·~~-~~·.'. -~·--~------------ Regular City Council Meeting September 16, 2002 Ord#~,~ 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 ..... ~ ~, ••••••• 90, 91, ,,. '' . . • I .. , • -J . • • 0 . " • .I-, ' ' ·' •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar SellioD September 16, 2"2 I. Call to Order The regular meeting oftbe Englewood City Council was called ID order by Mayor Bradlllaw at 7:32 p.m. 2. IDYoeadN The invocation was given by Council Member Nabbolz. 3. Pledp of Alletiame The Pledge of Allegiance wu led by Mayor Bndsbaw. 4. RollCall Present: Ablent: Council Memben Nabbolz, Moon, Onzulil, a.mt, WololyD, Yurcbick, Bradlbaw None A quorum was praent S. Mia ... Also prelCIII: City ...... s-. City AIIDrMy Bnllmaa Cily Clerk l!llia Dinlctor Oryslewica, Fiwe a Admiai.-aliwe Servicea Sellior p__. ........ Coaaanity °"'lopaw Utilitiel M-,er Bock Sellior M-,.r o-.n.u.r. Coaaanity Dnelopaw Dinlctor Rma, Public Warb (a) COUNCIL MDDER GRAZULIS MOVED. AND IT WA& 51:CONND, TO APPROVE THE MINUTES OF THE UGULAll CITY COVNCD. MKrl'ING OP 8EPnMUa J.2N2. Mayor Bradshaw asked iflhn'c were any comctioas. ~ --· Votensulll: Motion carried. Ayes : Couacil ~ Nabholz, Mooft, Gema, Wololya, Yun:bick, Gnzulia. Bndllaw Nays : N- 6. Sd1ed•led Vluton (a) Mayor Bradlbaw said ii ii my iadenlandiita dial Jolm Hoela ii • ..... • J.-W.. will be speakina to III oa bellalfofdle PonaCare Foadaliaa. Enctewood City Council September 16, 2002 Pa1e2 Mayor Bradshaw noted that she and Ms. Mason worked together on the Great Relay Race in 1983 to help raise funds for a bike trail. Ms . Mason said it worked . Ms . Mason presented each Cowicil member with a copy of the "PorterCare Foundation's Corporate Partner's Program" packet. Joan Mason, Chief Development Officer for the PonerCare Foundation, advised that she is responsible for raising money for Porter and Littleton Hospitals. I am here this evening, she said, to talk to you a little bit about the crisis in health care, which I don't think most ofus have any problem Ulldentanding. Specifically, Littleton Hospital has been in the commmities of Littleton and Englewood for fifteen years, next year . It was buih to accommodate acute care IDd has grown through a recent, IDd current, development project, to 172 beds. Ms. Mason pointed out that the issue with IIIOlt hospitals today has to do with emergency care . It has to do with access for people without insurance and it has to do with giving caring and diligent treatment to those in need. My position, u CbicfDevelopmem Officer, is to try IDd convey the need to communities. I am approaching eight communities that access IDd utilize the scrvicea of Littleton Hospital, specifically for the issue of trauma care. What we have found, in the greater Denver area, is that we have the acute problem of making sure we have enough emergency deputment beds, waiting rooms and access for ambulances so they do not have to go all away across town, puticularly in our advenc weather, in many seasons. The real access issue, she said, is if there is not room, they divert and the diversion in the last two years was 8,000 hours . Now, she pointed out, that doesn't sound very critical unless you happen to be in the ambulance or you happen to have been a parent at Columbine or you are involved in an accident OD 1-25 or 225 and have to be taken from IOUth I-2S all the way to Denver Health on 6• Avenue or u -far west as l...utbcran Medical Center. So wbat die piaDning dcpm1nent of Littleton Hospital determined was needed, wu to increase their~ capacity to Level U from Level ill. That incun certain expensea. certain expansion 11111 certain awuenaa of die COllllllllllity in order for that to occur. So, she noted, we arc right in the middle of that proceu riaht now. For many DIOldbl there wu a big crane sitting on Littleton H1>1pital, which is located no South Broadway 11111 Mineral. W1-I bepn to do the research of the comaamities it oaly ICCllled Rlcvant, to me, having grown up in this COllllllllllity of Englewood, going to Englewood High, Flood Junior High, Denver Univenity 11111 beina ICJlt of a rare native of this area. that it would oaly be Rlcvant to this Council if you could lee how it bu affecled Englewood residents . So I did a search and we have them all divided by zip code, and, u ofdle end of July. over 7,000 members of the commmity of Englewood bad accessed the emergency depu1Dent of Littleton Hospital. The growth is absolutely phenomenal . The way I Rlate to the growth, she said, is that I was on the Two Forb Committee many years qo, talking about that dam and they weR beginning to talk about a development that would coasist of90,000 households and I just could not believe that could be the case , but today that is Highlands Ranch. What we find in the comnmitics like EngleYo'OOcl and Llttlelon is that we ha ve to have health care close by, puticularly for senion and emcracncics. What -are finding is that with the growth. that wu unparalleled in the last decade ... the growth was 500,000 people, we look for the next decade to bring 800.000 individuals to the south corridor of Denver's greater metro area. So tonight I wan1ed to convey to you that there is a tRmendous need. A need that I have, IDd that I want to con vey to you. is to have the City of EngleYo'OOcl think about becoming a Charter donor . Ms . Muon poin1ed out thal Littleton Hospital has never raised one dime from the private sector, they have never gone oul to the conanunity. Porter, their sister hospital. bas done that for certain tbinp like the Cancer Center and 1 think most of us have attended or gnoe through these facilities tbrou&h the years . Swedish, Lutheran and Chiklml's and all the rest of the bolpitals have been raising money for a very Ioaa time. So I wu brought in as a consultant. she said, to see what would happen if-bcpn to ult coimamitiea and citizma 10 help the hospital. I have worked with fundnising for 2S years . I worked oa the Greenway Trail Syaem and many national projects. This is womna very -11 and -are early inlo die S--. I bcpn my work ID March of this year. The goal for railina e111JU1b -y to become T-U is S7 .5 million and wllat yo u see ID your packet ... if you will open them t.Rfly ... is. on the left side , a hillory of the bolpital and no tbe ngh1 s ick . tuc ked m lbe back. is a draft proapectus that describa the T-U, the womn's cemer, the other elements of tbe hospital daat are bciDa increased in their capacity and tbeir efficiellclft. Ollc oC the • ' .. • • Eqlewood City CouDcll September 16, 2002 Paae3 things that Littleton is finding is that we are drawing the top physicians, ortbopedic surgeo111 and neurosuraeom to tbe hospital, because that is 111 required for Trauma II . What that means is tbe difference between III and JI and now what Swedish bas found with Level I, is that you have docton lib that availlble to us all day, all night, 24 boun • day. So, when we do have an accident lib the crane tipping over on south 1-25 or tbe tragedy at Columbinc ... the children, the families, the driven can be helped at tbe first stop , by the udJulances. I bad no idea, until I started to do tbe mean:b, that unbulancca were having to divert all over tbe metro area and it is bappenina all of the time. So tbe bolpital ia well romadecl, well founded in the commmities of Littleton and Englewood, and my request ... and I would love to accept any questions you miabt have ... is to have you C0111ider involvement. You will aee a letter in tbere that I wro1e to your Mayor and expreued the -' and pve u amount of moaey. I know what COlllllllmit)' budgets are like these days and we would jlllt lib you IO c:caider joining the effort. Then, ia a very little known surprise at Littleton HOlpital that 11101t people daa't know about and tbat ii, that it ia the only Level m NICU, which is a~ ward for leelly little babies. Additionally, what I have invited you to do is have David Crane and I pve you• penoml eour oftbe bolpital before you fimlm • decilioa and we bave invited you to• breakfut, in that letter,• well. I would be glad to _ _. any~ you mipl have, she uid. There were no questions. If Council bas quatiolll later, she said, you can certainly pve us • call. She thanked Mayor Bradlbaw. 7. Umcbeduled Vlllten (a) Ken Holland, Englewood Fire Division Battalion Cbie~ uid I waat to tbaak you for allowing me to apeak. It Im bNn just a little over a year lincc the 9 11 tnpdy, lie aid, al noae of m can really estimate tbe amount of pief it caused IO all of the people tlnupoul the COUlllry. Not IO miaimizie the effect on the civiliam, die police officen and tbe emergency medical people tbat periabed in that fire. we, u a group of staff officen with tbe Enalewood Fire Division, decided to come up with a commemontive pin, that will, bopeftllly, laeep that in the minds of all of oar fillln firefiploaa in the decades to come. Our hope, oar pl. ia tbat you could wait illlo a fiN llalioa, ten yan 6am now, ad aee a fuefiaJner with a pin, like the «-1111 my lllin, utd bave that penm know eucdy what bllppened or lave a good idea u to wbat happened ud wbal it--. Ha aplailled tbat the 343 you-cm dllle ii ...ny symbolic of the 343 lhefiglllen tbal loll their Ii-in die Twin T-. TCJllialil, be aid, on belillfofthe fue staff, Director 01-. Cbief Lockwood and the Baaalian Cbiefl, I would lib to placal -of theae pins to each member ofCOUIICil and Mr. Sean. ifl -Y· He puaed out the pim utd tbaaked Council for their time . (a) A proclamation declarillg October, 2002 • Crime PreveabOi'i Month -c:caidcred. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED. TO APPROVE A PROCLAMATION DECLARING OCTOll&R. Hl2 AS CRIM& PUV&NTION MONTH. Motion carried. (b) considered. Ayes: Council Medlm Nabbolz, M«n, Oanea, Woloaya. Yun:bick, Gnzulil, Bradlbaw Nays : N«- A proclamation declariaa October 6 tllroup 12, 2002 u Fin ,..___ Week w COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS SECONKD, TO APl'80VI A PROCLAMATION DECLARING OCTOHll 6 THROUGH 12. Hl2 AS nu: PIISVKNTION W[[K. Ayes: Council Medlm Nabbolz, Moore , Ganett, Woloaya. Yurduck, Gnzul11, Bradlbaw Eqlewoocl City Coundl September 16, 2002 Pa1e4 Nays: None Motion carried. Mayor Bradshaw pre,ented the proclamation to Battalion Chief Ken Holland and Safety Education Specialist Tracey Taylor. (c) considered. A proclamation declaring October 20 through 26, 2002 u Red Ribboo Week wu COUNCIL MEMBER GRAZUUS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 28 THROUGH 26. 2112 AS RED RDIION WEEK. Motion carried. Ayes: Council Memben Nahllolz, Mome, Oanea, Wololya, Yurcllick, Onzulil, Bradehaw Nays: None Mayor Bradshaw explained that Red Ribbon Week ii for 1be ICboola and Pannla for Dnas Fn,e Youth. (d) A leaer from J . L. 8ames indicatina ber reaipation from 1be EnaJewood Liquor Licensing Authority wu comideffll. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO ACCEPT, WITH REGRET, THE RESIGNATION OF J. L BARNES FROM THE ENGLEWOOD UQUOR LICENSING AUTHORITY. Mayor Bndlbaw DOied that Ma. 8ana ia-oflbe oriplal people• die Audlority. Their hoUle IOld, 10 she is IIIIIVUII on, but she bu pen Enpwood a peal deal ofber tum. Council Member Oanea uid that .i. also Nrwcl 1111--..tleel 1811-lime•-• line. Mayor Bradshaw uid that ia ript and llie dida•t •y no, .i. _;.t apeed ID-· Vote resulll: Motion canied. A)lel: Council Medlen Nabllolz, Moore, Oanea, Wololya, Yun:bick, Onzulia, Bndlbaw Nays: None • •••• Mayor Bradshaw said she would like to thank the firetipters for comiJla to our meelina toaipl. I appreciate everything you do, she said, u I am aure 1be mt of Council doell. n.iak you IO -la b coming . 9. Publk H•rilll (a) COUNCIL MDIUll WOLOSYN MOVED, AND IT WAI ac::oNND. TO OPIN nu: PuaLIC lllilUNG TO GA11UR PUal.lC INPUT ON TB& CITY Of ENGLEWOOD'S Ht3 aUDGIT. Ayn: Couacil Memben Nablloll, W-., Ollnlt, Wobya. Yurclaick. Ormdil. Bndlbaw Nays: Ncme MOIIOII canied and lbr Publ ic "--1 opeaed. Enalewood City CouacU September 16, 2002 P11eS Director Gryglewicz. duly sworn, advised that this is a public bearing to plher citizen input OD the proposed 2003 Budget. The preliminary budget and memo was discussed with Couacil 11 the Study Session on September 9111 and the Council retreat is scheduled for September 28, 2002 io the Conmwnity Room 11 Civic Center. [Clerk's note : Notice of this Public Hearing was published on September 13, 2002 in the Eaglewood Herald .] Mayor Bndsbaw asked if there WIS anyone present who wanted to address City Couacil regarding the 2003 Budget. There WIS no one. Couacil Member Garrett said I have I protocol question for City Attomcy Bromnan. One of my coacems is that Council is having the Public Hearing before the committees, particularly the Cultural Arts Commission, the Parka and Recreation Commission and some of the other citizen groups have bad I chance to have received direction on what we are doing with the budget this year. Considering that we have, basically, no transfers for capital this year, plus some CU1S in programs, I would like to coatiaue the Public Hearing to October 7", in cue those people want the opponunity to have input in the public beuiag process. City Attorney Brotzman sllted that is absolutely appropriate. City Attorney Brotzmln said be would like to ask one question. We will ,till bring forward the ordiaance on first and second reading in the tnditional timefrlme. ls that correct? Council Member Garrett Slid yes . Mayor Bradshaw said that is right, but this is to allow our boards and commiuions the opportunity to have input. And our citizens, she Aid, in cue they coulda 't be here this evening. Mayor Bradshaw asked if there -Illy otberquestiona. There were -· COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO CONTINUE THE PUBLIC HEARING TO OCTOBER 7, 2112 AT 7:341 P.M. Ayes: Council Members Nabbolz, MOOR, Garrett, Woloaya, Yurcbick, Gruulis, Bndsbaw Nays: Nooe Motion carried and the Public Hearing will be continued. Mayor Bradshaw thanked Director Gryglewicz . 10. Coaseat Apada (a) Approval of Ordinances on First Reading There were no additional items submitted for approval OD flllt reading . (See Aaeada Item 11 -Regular Agenda .) (b) Approval ofOrdiaances on Second Reading COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEM It (b) (I) ON SECOND HADING. (i) ORDINANCE NO. 42, SERIES OF 2002 (COUNCIL BILL NO. 44, INTROD UC ED BY COUNCIL MEMBER WOLOSYN) AN ORDI NANCE APPROVING A JOINT USE AGREEMENT FOR 111£ CITY DITCH RIGHT-OF- WAV WITH TH E COLORADO DEPARTMENT OF TRANSPORTATION FOR HIGHWAY Enclewood City Council September 16, 2002 Pa&e6 IMPROVEMENTS ALONG THE CITY DITCH ALONG SANT A FE DRIVE FROM COUNTY LINE ROAD TO PRINCE STREET IN LITTLETON, COLORADO. Vole results: Motion carried. Ayes : Nays: Council Members Nabbolz, Moore, Garrett, Wolosyn, Yurcbick, Grazulis, Bradshaw None ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 -Regular Agenda.) 11. Recular A&enda (a) Approval of Ordinances on Finl Reading (i) Senior Planner Langon pmented a recommendation from the Community Development Department to adopt a bill for an ordinance approving a six-month exlellllioa of tbe moratorium on new residential construction in northwest Englewood. Tbia area is bounded by West Evans Avenue, West Vassar Avenue, South Tejon Street and South Zuni Street She explained that this exlellsion is being requested so that Community Development and Clarion and Allociales -y continue tbe process of working on the Unified Development Code. If we 11ayed wilbin die time frame oftbe current moratorium, our lint public bearing would have to occur tomonow night al the Planning and l.oain& Commission meeting. We are not prepared to start that proclCII, so we are requesting a six-month extension. She asked if Council bad any questioaa. Council Member Yurcbick asked if anybody bas come forward and wanted to split a lot or build malti. Ms. Langon said I have only bad two requall and I explained die lituatioo IO diem and boda requall MR merely informational. They wanted to know what they would have to do. Neither penon indicatecl that there was a tremendous desiJ;e ... that it bad to be done . Mayor Bradshaw asked if tbere were any other questions. There were none. Mayor Bradshaw thanked Ms. Langon. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 47. COUNCIL BILL NO. 47 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE EXTENDING THE SIX-MONTH TEMPORARY SUSPENSION OR MORA TORJUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE FAMILY A TT ACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUIRING THE SUBDIVISION OF PROPERTY, IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTH , WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST. FOR AN ADDmONAL SIX MONTHS. Vole results: Ayes : Council Mcmben Nabbolz, MOOR, G1mt1. Woloeya. Y urcbick, Grazulis, 8radaba11!1_ Nays : None • • • Enpewood City Coandl September 16, 2002 Pa1e7 Motion carried. (ii) Utilities Manap Bock presented a rec:ommendation from tbe Utilitia Department to adopt a bill for an ordinance authorizing a sewer nte increue for tbe Bi-City Wutewater Treatment Plan lmprovemeDIS and a RCOllllllelldation to set October 7, 2002 as tbe ~ for a Public Hearing to gather public input OD this issue. Mr. Bock noted that Director Fonda, and tbe ~baDla from Black & Veatch engineers, went through this with Counci~ in great deta~ at tbe last Council S1Udy Session. So I don't feel the need to go into any depth here, be said. The Water and Sewer Board bas passed this and recommends Council's approval . The Utility Department, be said, requests Council pus this bill OD fint reading and set the date for I public bearin& OD October .,._ Mayor Bradshaw asked iftbeR were any questions for Mr. Bock. Council Meni>er <Janett uid tbeR were two points be wanted to eq,bame. One ii that -bawn 't bid a increue in our sewer rates since 1982, if I am not mistaken, and two, even tlioup tbete are fairly larp percentages, our ntes will still be below oat collllllUDities in tbe metropolitan area. Mayor Bradshaw said that ii right. Council Member Wolosyn said she would like to add that she thought tbe Water Board bad a very well considered discussion of it, they loolted at tbe DUlllbers and approved it. I felt very good about this, after that. Mayor Bradshaw noted that tbe Water Boud ii made up of citizens. Mayor Bradshaw asked if there were any odler questiolll. 'l1lae were ..... Mayor Bndsbaw lbanlted Mr. Bock. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) -COUNCIL BILL NO. 45. COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE ESTABLISHING AN INCREASE IN SEWER RA TES AS RECOMMENDED BY THE ENGLEWOOD WATER AND SEWER BOARD. Vote, results: Motion carried. Ayes: Council Members Nabbolz, Moore, Garrett, Wololyn, Yurcbick, Gnzulis, Bradshaw Nays: None (b) Approval of Ordinances on Second Re.ding (i) Senior Planner Laqon advised dat at tbe Sepeemba )"Public flariaa C111 Cw PUD 2001-02. The Shops at Hampden and Logan Planned Unit Dnelopmeal, uo tao-as tbe Safeway PUD . Council requested that staff provide some wordina for addmmm coaclitiolll, baed 1111 ccmceras expressed during the Public Hearing . 1'bole concerns centered OD tine key-. 11le clalina ofdle fueling tacility, if it should clole, what wuuld bappcn. tbe off-pnmile ..-ac ad uo lipliac. As lllled in the staff report, she said, there is propoaed lanpqc ID be added ID tbe a .... i....-. lipmls ad · that will be that all canopy ligblina sball be direcied downwud, sball be ~ llliaa llmp-c-« luminaries and DO drop lenses. She explained that this will CODIUI lipliaa ID tbe --ID tbe -and En&lewood City Council September 16, 2002 Pa1e8 not allow spillage outside of the canopy area for the fueling facility . The second issue is that in the event that the fueling facility should close, that the use be discontinued. We are recommending a one-year time frame so that Safeway may locate or lease to another fueling company. Abo we are recommending a six- month extension of that time period, but that six-month extension would oiily be if there is a viable use in negotiation. This one-year time frame, she said, seems to be a time frame that would be reasonable for Safeway, as locating new tenants for any business is not necessarily a quick tuk. That is why the one-year time frame bas been suggested. Mayor Bradshaw asked Council Member Yurcbick if that WIS bis condition. Mr. Yurcbick said yes. I am comfortable with that, be said. Senior Planner Langon said the third item WIS the signage. We bad a request by one of'the adjacent property owners for signage. That would be off-site signage for bis shop and other shops along the north perimeter of this PUD, she said, to allow them to use signage on the PUD site. That would also be placed on Sheet 7 of the PUD ... that Sign # 4 will not exceed 100 aquare feet in area and that Safeway will allow up to SO square feet of signage for use by the adjacent retail shops. Mayor Bradshaw uked if there were any other concerns that Council brought up, that this does not address . There were none . Mayor Bradshaw said Ms . Langon did an excellent job. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • COUNCIL BILL NO. 31. COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING 11IE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN 11IE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 31 BY ADDING CONDmONS 4 AND 5 AS STATED IN THE COUNCIL COMMUNICATION. Mayor Bradshaw uked if there were any corrections or additiom. We are voting on the amendment to add Condition 4 and S as written in the analysis, she said . Council Member Moore asked iftbe lighting is already included somewhere else. Mayor Bradshaw said they need to add the lighting condition. Senior Planner Langon advised that the lighting condition is already on the site plan. Vote results on tbe amendment: Ayes: Nays : Motion canied. Council Members Nabbolz, Moore, Ganea, Wololyn. Yurcbick, Grazulis, Bradshaw None Vote results 1111 modoll to approve C...tl • Ne. 31 u ...aded: Ayes: Council Members Nabbolz, Moore, Gamu, Wololyn. Yurcbick, Grazulis, Bradshaw Nays : None Eqlewood City Council September 16, 2002 Pa1e9 Motion carried. (ii) Council Member Garrett advised that he would not be participating in Agenda Item 11 (b) (ii), as he is currently employed by AT&T Broadband. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) • ORDINANCE NO. 43, SERIES OF 2082. ORDINANCE NO . 43, SERIES OF 2002 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING THREE LICENSE AGREEMENTS WITH PUBLIC SERVICE COMPANY, AT&T BROADBAND AND QWEST TO PLACE 111EIR lITILITIES WITHIN AND ALONG CITY DITCH AS A RESULT OF HIGHWAY IMPROVEMENTS ON SANTA FE FROM COUNTY LINE ROAD TO PRINCE STREET IN LITTLETON . Vote resulta: Motion carried. (c) Ayes: Nays : Abstain: Council Members Nabbolz, Moore, Wololyn, Yun:bick, Orazulis, Bradshaw None Council Member Garrett Resolutions and Motions (i) Senior Manager Dannemiller presented a recommendation from the Department of Comnamity Development to adopt a raolulion authorizing an applicalioa for additional ftmdiDg from the FY2003 Transportation Improvement Program to ~leinent the Englewood Circulator Sbuttle. I am here tonight, she said, to request support of this agenda item, requeatina permiaion to apply 10 DRCOG 's supplemental funding cycle in their 2003 TIP Program to support the Eqlewood Circulator Sbuttle. As you know, she said, -have talked to Rm about partnering with them for the two-~ cycle,• Ibey bad originally talked to us about funding this shuttle. But funding at Rm, u -know, ii on the dowmicle and they responded with the information that Ibey weren't able to fund the ahunle in 2003. So we are -bing for additional funds . This ii to request one-~ of funding for the shuttle, in the form of a $75,000.00 match to a S330,000.00 total project budget, which is operating costs and leue c:o1t1 for the vebicles. In future years , she advised, we will search throughout the metro area, statewide and nationally for alternative funding sources. But, again, this is just a one-year request to this 2003 cycle, she said. Mayor Bradshaw noted that ifwe were to run this for one year and then-didn't act the funding, - would have to tell people, of course, that we don't have it Did Rm give us a window u 10 when Ibey might participate? Ms . Danncmillcr said their response is that it is based on an annual budaet cycle and -have a betllcr option in the second year, and future years, if-can show that this sbultle bas been 1ucceafial for«- year . But they can't conunit to anything until -have, number one, shown thole IIUlllben 111d, mmlber two . that they have funding available. We will search diligently for ocher fundina-. she aid. Lut year at this time , we didn 't know that this money would be available and there could be, poleDlially, ocher source s of funding out there . Mayor Bradshaw asked if Swedish is participating at all . Se nior Manager Dannemiller said, at this point, we are hopiJI& to act u much private putic:ipalion u possible . We need to know whether we will have fundin& and how much fundina and then we will ao Ill • • Enatewood City Coundl September 16, 2002 Pa1e 10 Swedish and ask. Last year when we applied for the RTD funding they were committed, as well as other private organizations. Council Member Moore asked if we get to year two and we have not secured additional funding, arc we tied to any of these numbcn or can we just do this one year at a time . Ms. Dannemillcr said yes , we can do it just one year at a time. Council Menilcr Moore said then the lease cOltl arc DOI binding us IO more dlaa one year. Ma. Danncmiller said no, just one year at a time . Council Member Garrett said I will be voting against this, because I have a lot of coaceraa about year two and I don't want to start a project that I don't think we can finish . We have done that before and it is DOI very comfortable. And ifwe do have exceu fuada and wc don't have outside IOUlllCI, I think, ifwe have money in the General Fund, considering the Capital Projects needs, that I would probably be more inclined to direct them there dlaa to keep this operating. Mayor Bradshaw said I think we have to try it for a year. I have to disagree with Council Member Garrett I know this is a promise I made to constituents in the Swedish area, she said, and I feel like I need to follow through on that. Council Member Wolosyn noted this is a pilot project and, sometimes, pilot projects arc for just a year. Mayor Bradshaw said we need to make it clear that it is a one-year pilot project. Ma. Danaemillcr said yea, we can do that. Council Member Nabholz said she just wamed to say that with all our budpt cuts and our lbor1falla in the budget that as long as you say it is for ooe year and we make it perfec:tly clear wbere the ~ is comina from, because if wc arc just takia& it out of our General Fund, in my opinion, that doea not look aood- Council Member Garrett confirmed that it is S7S,OOO.OO . Ma . ~ said ~ that is our lllllcll. Senior Manager Danaemiller advised that there is a rcquimacat, on the put ofDRCOG's application process, to explain how you will nmket the project. So in the applicalioa wc will, very d ,;~ 'tively, say that this is a pilot project and we arc hoping to justify numbers for future ycan funding . Council Member Moore said if this works and we get the grant, how long would it be running before we have to make the year two decision? Basically, Ms . Danncmiller said, you can apply to RTD within their budget cycle, but you arc committed for a years worth of funding . For example, most likely this project will DOI start until fall, with this funding cycle , so ifwe went from November to November we would have that period of time IO aeaentc additimal funds for the 2004/2005 cycle, but we would apply to RTD in the 2004 cycle for a yan worth of fuadiag . Council Member Grazulis said I think we need to ao ahead with this one-year pilot a iadic:aled, ~ I ha ve also made promises to constituents who were very much in favor of it. I feel , she said, that wc lhould at least try and especially with DRCOG. I think we have a good chance. Council Member Garren said, during the budget rell'Clt l would like to point out that we mipt Wllll to consider that we add anot.'ler S7S ,OOO .OO to the bud&et. which will diminish our merve ualela we lake it up in other places . Council Member Wolosyn said isn 't this already in the bud&et? Enpwood City Coundl September Ui, 2002 Pace II Senior Manager Danncmiller advised that this IS in a Community Development fund already, this is in our operating budget. City Manager Sears said I am sorry, I did not think that it was . But it is in the Capital fn¥oveDllmll then, be said, I stand corrected. Ms. Dmmemiller explained that it is not listed in Capital lmprovemenll because it is not, actually, a physical Capital Improvement. We put it in our matching funds, in our Operational Budget. Council Member Garrett said that is $75,000.00 we could use otherwise if we dido 't pledge it. Ms. Dannemiller said yes, it bas not been approved yet ... you are right. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) (I)· RESOLUTION NO. 85, SERIES OF 2002. RESOLUTION NO. 85, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATION FOR THE 2003-2008 TRANSPORTATION IMPROVEMENT PROGRAM. Vote results: Motion carried. Ayes: Nays: ,,. Council Members Moore, Wolosyn, Yun:hick, Grazulis, Bradshaw Council Members Nabbolz, Gama (ii) Director Roas pnllCllled a recommendation from the Department ofComaunity Development to adopt a resolution authorizing an application for additional fimdin& from the FY2003 Transportation ...,,vement Program for the Big Ory Creek Trail project He explained that -the South Suburban Trails Foundation bas approached the City of Englewood to apply, on their behalf, for TIP funding for extending the Big Ory Creek Trail between Progress Park and Lebow A venue. We are here to ask Council to approve a resolution to authorize the Mayor to sign that application, be said. COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -RESOLUTION NO. 86, SERIES OF 2002. RESOLUTION NO. 86, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATION FOR THE 2003-2008 TRANSPORTATION IMPROVEMENT PROGRAM . Mayor Bradshaw said I will be abstaining because I am the chair of the South Suburban Parks Foundation. Although I would love 10 vote, she said, it might look improper, so I am abstaining . Council Member Moore asked Director Ross to review the numben. I got a little confused by that $1 3 1,000.00 and the different sources, be said . Director Ross advised that. buically, this applicacion ia for a project that COiii $656,000.00. The TIP applications are required to match 20% of that, so our required mn:h ia S131,000.00. In the 2002 Budaet we contributed SS0,000.00 to the South Suburtiu FCIUlldllioa Tbey ue RlqllNliDa dat -pve them another $50,000.00 in our 2003 Blllfaet and by apeelmllC that ii it, that is all -will be required IO llllleb. They will go to Littkton, he said, or to their exittina monies that they lave available to Uliafy the rat of that match . Mayor Bradshaw said the Foundation will. Mr. Rou said that ia correct. En&lewood City Coundl September 16, 2002 Pqel2 Council Member Moore said, so, we are putting in $100,000.00, in total, to the project Director Roll said if you approve the second $50,000.00 installment. Council Member Moore said you list $195,000.00 for the State trails and $120,000.00 for South Suburban. Arc those monies going in u well? That seems to exceed tbe match required, be said. Director Roa said ii does. Buically, this is a long shot. If they do actually get lhia TIP money, be said, they will take that money that is already available and apply it to ao beyond Lebow to Broadway or to try to accelerate filnbcr nil conatruction. They are just doing 10111e lcvcraaina. Council Member Wolosyn said it is a long shot. I think these are fimda that are out there, that are going to go somewhere and we should, at lcut, try to bring them to our community. It is something we are committed to in the long nm anyway. That is my feelina, she said. She noted that all of tbese DR.COO 1hinga are really bia Jona abota. Director Roa stated there are SO jurisdictions coq,etina for the same money that we are, u Council Member Woloayn indicated. Mayor Bradshaw said I would love to puticipale in this discusaioa, but the IIIOmey bu told me not to, so I will just let it go at that Mayor Bradshaw called for the VOie. Voteresulu: Ayes : Nays: Abstain : Motion carried. Council Members Nabbolz, Moore, Oarrea, Wololyn. Yurdlick, Onzulia Nooe Mayor Bradshaw 12. Genenl DIie..,. (a) Mayor's Choice ( i) Mayor Bradshaw said I received an invilatioo to anend the Saa Luba Lofta Open House, being held tomo1TOw . She noted it ii a Fullerton project. If any Council members are interested in attending, she said, I have the information. (ii) Mayor Bradshaw said I would like to compliment Cllria Olloa ..t Ilia llaff; ..t Ken Holland, on the excellent 9 11 J1101rU11. It was u bmMW IO be a pan ollllll. p._ tbe ~ I received, it was one of the most tasteful prosram1 in the area. Council Member Wolosyn said I tbou&ht so, too. (b) Council Members ' Choice (i) Couocil Member Garrett: I . He said I would like to 1ft if it is Council's -dill we and Ma. Williua a.._ accepting her application to the Liquor Audlonty . C-il c-..d. En1tewooct City Council September 16, 2002 Pqel3 2. He said I attended the Farmer's Market Ibis put weekend and it wu a cleligbdw experiellce. I bought too much and ate too much that afternoon and it wu really fun to come down and aee lbat (ii) Council Meniler Wolosyn said I remember when the Cultural Ana Commiuion came and visited the City Council and they 1albd about the fact that several membm were involved in trying IO do a putnenbip with the 1ebool district's kids c:luw and the Bnglewood Education Fooncwim, to get a Strinp program going in one ICbool, Maddox. That bu been succ:esatiilly initialed, she said, so much so that they put another one in Clayton and they have 50 sllldenb. All the money that I made teaching at MOA Ibis summer goes directly to helping out with that. I feel very good about that, she said. (iii) Council Member Yurc:bic:k adviled that be, probably, wouldn't be here next week. (iv) Council Member Gnzu1ia said I will say that the 9 11 ceremony wu very Dice. The large flag. banging between the two ladder tnlCb, WU a real Kodak .--t. Wlmt I tumecl around, she said, and the flag -• •-ying in the wind, ii really did c:boke me up . She thanked Safety Services. 13 . City Muqer'1 llepert (a) City Manager Sean said we sent a proposed qenda out for the budaet worbbop on the 2s•. Obviously, it will be a pmty inlmse cliscuuioa that IDOl'IUIII· We wallllld to have all of the departments speak a little bit about their budaet and what they have done and -ybe -opt.-or bow the financ:a are going to affect them. Bui are there any pu1icular apprOIICbea or ilam tbat the c-il would like for m to add to die dilCuuioa !hat ---a? If you don't lave anydiias IDllipl, be said, bul later you think of IOllle1biDa. ,--let me bow. Council Member Wololyn uid I -llllpriled !hat we are mdina at I :00 p.m., noc !hat I -panicallrly dismayed, but aeoenJ)y it aoes lonaer- Mayor Bradshaw uid that wu my request that we stan earlier and we set out sooner and that -y you llill have part of I Saturday left, inllead of going to 2:00 p.m. or 3:00 p.m. in the afternoon. Bua, she IIUd, what is Council's pleuue. Council Member Yurdlick commented that be feh they c:ould go over that time if they needed to . Council Member Wolosyn felt it would go over that time. I just didn't know if the time wu loc:bd in, she said . City Manager Sears said if we go over, that is fine . That wu jUII kind of I pl that we had. Council Member Grazulis said she bad one idea or request. When we talk about deletina the ftmds for the Skerritt House , the ~ and the Cultural Arts, she said, I would like to pull tbole i-. out and deal with them individually, 11 opposed to pouping tbem all toaetber -I would like tbat, she said. Mayor Bradshaw asked if there were any other requnb. Council Member Yurc:bick said I RqUClled -nwnben liom Frank Orypnricz, -addillioMI dllail, and I would just like to see it included in all oftbe Council's pac:bta diil rm.. City ....... S-. aid we will get them to everybody. Dim:tor GrY&lewicz uid we are accually womns on tbolc . 11-y take quile I bil oflime to~ ad we will ha ve them to you II IOOII u powllle . With Jllll aeail'I die budpt prilllld ad -... die Enpwood City Council September 16, 2002 Paae14 monthly, and everytbina else, we arc pmty buay ript 1111w. Bui, he aid, we will set it 10 you u IOOll u possible and it will be acnt to everyone on Council. Council Medler Yurcbick Aid before the 216. Mayor Bradshaw said before Saturday the 2s•. Director Gryglewicz said yes. they bcucr have it done by then u it wouldn't be very helpfill ifyou tloo't have it befDR then, so we are working on it 14. City Atteraey'1 Report City Attorney BrotzmlD did not have Ill)' manen to bring before Council. IS . Ad___.t llllilWl!illlAW MOVED TO ADJOURN. The meetina adjounled at 8:20 p.m. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 16, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, co 80110 1. Call to order. '7: ~J...~ 2. Invocation./)~ 3. Pledge of Allegiance. ~ 4. Roll Call. 7 ~ 5. Minutes. Of f>''J-{) ,. Mmute, &om ohe Regula, c;ty Council M .... ngol--3, 200~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ~o~u .-~ tJ/Jf!r ()r;,tJ,u,,-.vr 1J#1&!Jt.. a. )ihR+ieeh11,~~e 91:eclm of PorterCare Foundation will be present to address City Council regarding the expansion of the Littleton Adventist Hospital and how it benefits residents of Englewood. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) /J.. KJU) M:>w-,;, -:51=.'1£A#L //.tL PIN/:/6'/fE./( ~/11/IIUI/Jtlrll/£ ftJJ 8. Communications, Proclamations, and Appointments. /JfJ pd 'l-0 a . tJrPti7-0 b . a,ffl 'l-D c. ~tJ/ d. ny '7-0 A proclamation declaring October, 2002 as Crime Prevention Mon A proclamation declaring October 6 -1 2, 2002 as Fire Prevention W A letter from J. L. 8a""15 indicating her resignation from the En Licensing Authority.//~ Please note: If you haft a lllallilty wl Me4....., ... ...., ..... _., .. at,., 7 , 11• (303-762•2405)allNlt41 ..................................... ,... _. • • Englewood City Council Agenda September 16, 2002 Pagel 9. Pu lie Hearing ~ ~ ~~ Pf/'d ?-O a. P lil~;'!TJ}3.,f,ter~nput on the City of-E~gl~~~'s 2003 Budget. llfJPd'l-0 ~.AIUfl((J._1;5" ~"t/A)O~#L ~~ ~1~Ju-..,_i5° ~tlt~EL_ '7;.2/)f):J. 10. Consent Agenda. -,~ a. b. Approval of Ordinances on First Reading. i Approval of Ordinances on Second Reading. i. Council Bill No. 44, authorizing a Joint Use Agreem,rt _for '!'!... City Ditch with the Colorado Department of Transportation.~ IJ7ri4'~ appd.'7-0 c. Re~ons and Motions. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 47 • Recommendation from the Community Development ~ Department to adopt a bill for an ordinance approving a six-month extension . r r r 14 ?-0 of the moratorium on new residential construction in northwest Englewood. STAFF SOURCE: Tricia Langon, Senior Planner. ~ ii. Council Bill No. 45 · Recommendation from the Utilities Department to adopt a biH for an ordinance authorizing a sewer rate increase for Bl-City ~ '1-0 Wastewater Treatment Plant Improvements and recommendation to set r-rr"" October 7, 2002 as the date for a Public Hearing to gather public input on this issue. STAFF SOURCE: John Bods. Utilities Manager.~ b. Approval of Ordinances on Second Reading. , ~~~'B' • • ~-• -J; II Counc:il Bill No. 38. aoorovin~ the Safeway PUD. /.IJJ.J~ -~ APP'D 7-0 WOLOSYN MOVED TO AMEND COUNCIL BILLI 38BYkioiNG -0 CONDITIONS 4 No#;) 5 AS STATED IN THE COUNCIL COMMUNICAT ION , 11-, ,1 JJ.. / / '2. ii. Council Bill No. 43, approving License Agreements along the City Ditch for v ta?""~/. / tt).e Santa Fe Widening !{oject. iln.l~.-..____ -rr ~ (6 -o-( A-t,~J,J . filrUEtr_; rr r -,,- c. Resolutions and Motions. i. Recommendation from the Department of Community Development to I) . 1/ ge;-adopt a resolution authorizing an application for ~itional funding from the ~ FY2003 Transportation Improvement Program to Implement the Englewood {lv tJ..d 5', A Circulator Shuttle . STAFF SOURCE: Lauri Dan.'Wlliler, Senior Manager. ~ (fJvi : Nlt8UOI-L 1 fi/~) t • • EnJlewood City Coundl Agenda September 16, 2002 Pagel ii. Recommendation from the Department of Public Works to adopt a ~ resolution authorizing an application for additional funding from the FY2003 I.. / Transportation Improvement Program for the Big Dry Crf:k Trail project. (11'-{) ..--STAFF SOURCE: Ken Rou, Director of PubUc Wotb. ~ b): fb()SH,flAJ .J l 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. Oty Manager's Report. 14. City Attorney's Report. Adjournment f?: :i.o ~ The following minutes were transmitted to City Council between August 30 • September 12, 2002: • Englewood Public Library Board meetings of July 9 and August 13, 2002 Englewood Cultural Arts Commission meeting of August 7, 2002 Engll!Wood Parks and Recreation Commission meeting of August 8, 2002 Englewood Planning and Zoning Commission meeting of August 13, 2002 Englewood Water and Sewer Board meeting of August 13, 2002 Plewnoe.: lfyou-.a6allillyw1...i....,_. • ..._,.._ .... a,.,, J •• (303-7'2-240S)al ............ ..__., ................ 111111111,- ENGLEWOOD CITY COUNCB. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO ReplarS-oa September 3, 2D02 I. Call to Order The reau)ar mectin& of the Eqlewood City Council wu called to order by Mayor Bradsbaw at 7:35 p.m. 2. lnvoeadoa The invocalioa wu pven by Council Member Nabbolz. 3. Pledp ol Alllpaace The Pledge of AlleaJance wu led by Mayor Bndabaw. 4. RollCaU 5. Minutes Council Meacn Nabbolz, M-, Grmilia, Gana, Woloayn. Yurcbick, Bndabaw None (a) COUNCIL Ml:MBIR NABHOLZ MOVED. AND ff WAS SSCONND. TO APPROVE THE MJNUTU or TUI REGULAR CITY COUNCIL MEZl'ING w AUGUIT It, 2002. Ayes : Nays : Abatam: Mollon earned. 6. Sclleduled Villton Council Meacn M-. Gana, Wololyn. Yllldlil:k. ar.w.w None Council Memben Nabbolz, Gluulil (a) Andy McKean,~ Llbeny Day Coo. I' , IIIIIJU111111t olcaioltly 11Dw 111111y of you know about Llbeny Day? Cu you bad of lit• DDW ilyoa mw ._ U.., Day? Mayor Bradshaw adv-S lba1 Couni:al -ved 1111 i111ar-.. ia 1111ir ...... Enalewood City Council September 3, 2002 Pa1e2 Mr. McKean stated that Liberty Day is a national celebration of the Declaration oflndependence and the Constitution of the United States . It was officially established by Congress, by joint resolution of the House ofRepre~entatives and the Senate, in October of 2000. What we are here: to do today, he said, is to see if tbe Mayor would issue a proclamation for Liberty Day in Englewood and if the City Council would issue a resolution endorsing Liberty Day. Also, be said, I am going to uk each one of you if you would volunteer at least one hour of your time to 10 into a class here in Enalewood, or anywhere you want, to go into the middle schools and high school and talJc to the young people to give them kind ofa Civics 101 lesson . We have these Liberty Day books, which I think you each 1ot a copy of, that colllain the Declaration of lndependcnce and the Constitution. What I would lib for you all to do, he said, u part of your support for Liberty Day, is to talk to our kids, and you can ao any time of the year you -L We can iUTIUl&e it witb the teachers for you to go into the schools and you can explain what are the three branches of government, why did our foundin1 fathers establish a government with three bnncbes, what are the checks and balances in our system of government, and what are the Bill of Rip. Kind of just give a basic Civics IOI class to the kids and then 1ive them each one of these boob. We will supply these boob for free to you to give to the studeob. We also have another program tbat we are doing this year, that we just started, where we have these Ltl>erty Day kids T-shirts with the Liberty Bell on the beck. Tbis is appropriate for fourth, fifth and sixth graders. Jill Mack, a Littleton Public Scbool laeber, came up with this idea this year. She said look, what I thinlt would be really fim for these kids is ID lllldy thete boob with their parents and u a home work assignment uk the children to each come up with ten questions about the Constitution. Put their question on a three by five card, put the 1111-on the back, with the page from the book where: the answer is found. Then 10 to the Post Office and all of the people, who are waiting in line at the Post Office to mail their mail, just ao up and down the line and just quiz the adults. What are the five rights in the F int Amendment, what are the qualifications ID be Prelideat of the United Stala, what is the Fifth Amendment, how many rights are there, what are they? 1be idea is dlll the kids would research these through the documents with their parents and come up with thele qimlioal. Mr. Mclean said it is absolutely fantastic and we are 1oing to do sometbiJ1a lib it in Enalewood. I -a menillcr of the Lions Club of Denver and this is beina coordinallld tbrouah service poup1. I am allo an Oplimilt. he llid. Jim Bates of Liberty Savin&s Bank, hu been appoinllld by the Lions aub of Ena)ewood ID be the coordinator for Liberty Day and in each cormnunity in Colorado and in America, all fifty statea, we are trying to get a local service club member to do this. A service club member is DOD-political. Our U- Club motto is "We Serve" and, by our bylaws, we can't be political. So if you apee 10 support this, he said, I want, if it is at all possible, for you to allo apce to speak to a clua of students and to actively participate in the Liberty Day program. We don't have any curriculum, it is up to you, in coUabonlioo with the teacher. What we like is to have the elecllld officials talk to the teachen and explain what you are doing as a City Council member, what you would like to talk about relative to the foundiq documents and kind of work together on a lesson plan. We found that to be really, really fun for the teacher, because they get a chance to talk to the elected official and brainstonn and come up with some really 1ood ideas. So thal is basically what Liberty Day is . He asked if Council had any quettiona. I don't want to tab up 1DO nu:h of your time, he said, because I know you have a busy a1enda. Mayor Bradshaw asked if Council had any questions for Mr. McKean. There were noae. Mayor Bradshaw advised Mr . McKean that Council regularly goes into the schools. We 10 annually, she said, and we could just incorporate some of this into what we do anyway. Mr . McKean said if you could and, I don't know if there is some feedback each of you could &ive me . Inside the book is our phone number or you could contact Jim Bates and he can work with you to schedule you . You ca n schedule your own time if you want you don't have to have an outside per-. do it Mayor Bradshaw said we can incorporate that when we go to visit the middle schools. • • En1lewood City Council September 3, 2002 Pa1e3 Mr . McKean said absolutely and it would even be good in the high school, because I think a lot of the high school kids would like to meet with you as well. Mayor Bradshaw said okay. She thanked Mr. McKean. Mr. McKean thanked Council for allowing him to speak. I !lpplCCiate it, be said. 7. Umcbeduled Viliton (a) T. W. Andenon said be appeam1 before Council previously about the COIICfflll reprding Cenlellllial Airport, about the problems we bad because the FAA bad CUI off our fimda. >.. you know, I started the airport for the Commiuionen in the '60'1, I wu Chairmaa for ten years 111d they put me on the Finance Committee. We bad five imetinp 111d we came up with the solutioa of ukin& the cities to contribute a little bit to the airport ~ly ud abo establilh a one-third mill levy for the Collllty. The good news is we've bad additiooal income, be said. We sold a lot more fuel and we are workina with the members of Collp'CII and they are aoin& to ralOl'C the fuoda to UI from FAA. So I dlouabt I would report lbat to you. Allothcr factot, be said, u I mentioned to Mayor Bndlbaw, is that wc are buildin& a 192 unit usistcd living buildin& in Aurora at 13* ud Peoria, two blocb south ofFitzaimmom, ud wc would lib to be able to do one in Englewood for you sometime . So, Mr. Andcnon said, wc will talk to the proper people about it. He thanked Couacil. Mayor Bradshaw thanked Mr. Andmon. (b) Ray T OlllllllO said tonight, after Study Seaioa, after lookina at die fiaura 111d the way things were running I dioqbl about makina an offer on the baule. The demolirion c:aall an 534,000.00 and you have $88,000.00 in inlurance refund, which is $122,000.00. I will offer you S13,000.00 for die boule and the property, be said. T1lil would save you any npeme iB yois budFt dDI ,-, you wouldn't have the outlay of any money. There is also the pouibility 111111 could aet 1118 S14,000.00 pal hm die State and, iftbey could aamfer the lflllll, there wouldn't be a budp1 illmilraay oftbat. So, be aid, I would like for you to consider that. Mayor Bradshaw said the offer is $13,000.00 for our invatmenl ofSl60,000.00. Mr . Tomasso said your investment wu S13S,260.00. Tllat waa die finl fipn. Your addirional CCIII. if you tear the boule down, is $34,000.00 and you have $88,000.00 for inaunmcc. Tllat brinp it up to S 122,000.00 of the S 135,000.00 that you paid for it and S 13,000.00 -1d pu1 you at S 135,000.00. Mayor Bradshaw noted Council bas that memo. Mr. Tonuso said yel. lO dial is wbere it ii at 111d ifl caa pt die , grant transferred then you save that S 14,000.00 that you don't have to pay bac1t. So tbar ii a poaibility. Council Member Yurchick asked Mr. Tomuso ifbe bas the flmda to fix up the baule or 111eut 1tabilize it. Mr . Tomasso said I believe I could. It is DOC tbar difficult ID lllbilize it. lt'1 jllll a llllmr of diaiDI a lot of linle holes and pourin& a lot of linle concrete pylom Ullli! you aet 1118 pylma complelBd. You caa do it very low tech as opposed to Jacking the house up and doin& it lmllively and rooli an eay. Mold can be taken care of with chloride . Havin& a paper studio I water my mold W911dy. Every -ill a wllile I have to kill it. Mike Flaherty asked me to submit thia in writiq. 10 I will do dllt. Mayor Bradshaw !hanked Mr. Tomasso . Mr . Tomasso thanked Council. (c) Mark Rodau. Euculive Direclor ofColondo Pr-•IDDll lac., ad¥illd • ha iii"- ' orth Carolina. 1 worbd with pmervabOll m NClfth Cuolia, lie 11111, aad we dMI a lat of wwk wia Englewood City Council September 3, 2002 Pa1e4 historic properties, properties that everybody said nothing could be done with, they need to be demolished, there is no way to do it. What you try to do with those properties is you try to figure out bow to bring them into something that will sell on the market, something that people can deal with. You have one offer here, he said, and I think that is a good offer. The alternative also, to that, ii that you ave already put so much money into this house. If you take the insurance money you have and you take the money that you have with the rest of the grant and fmish the stabilization, that puts this project in a ballpark where it ii like $220,000.00 to finish the rest of the rehabilitation, which will take that property and make it useful for a residence or a business. I know you have put a lot of money inn> this and you wonder bow you can recover your costs. I don't know that I can offer you, directly, a way to recover your coat, but if you do the stabilization with the funds that you already have then you can take that property and give it to a non-profit, which can give it to somebody e!Je who can finish the rehabilitation and put it back on the market to • for- profit group that can in tum bring tax revenue back to the City. Another option, he uid, is that I have worked with groups that have taken these properties, they do the stabilization and then leue it to a group for say fifteen or twenty years . Their coat is to rehab it ml they let them have it for • dollar a year from then on. Well. then in fifteen or twenty yeus you have a nice property !bat they have uppaded and taken care of, at no cost to )'OU, that you can do with what you will at !bat point So, Mr. Rodmln aid, I lbink these are a couple of options that haven't been coaaidered ml Colondo l'releffalion Inc. would like further time to work with the Council and the staff to come up with these opeiom. He tbabd Council. ( d) Eugene Norman said I have this idea that if I can get a commitllle or sometbin& toaetber where I could explain what could be done, you would be able to increue your amount of water and the problems that you now have would simply go away . I would need a blackboaJd, he said, so tbat I could draw the schematics of what I am tryina to praenl. It would be excellent for Colorado, all a1oaa the Front Range of Colorado, and all the way down into New Mexico . I feel it is an excellent idea, he aid, but I don 't really have the time to present it now. He aalted ifit would be poaible to ICt up some kind ofan appointment with two or three people so he could dilClm the enlin idea. Mayor Bradshaw aalted Council how they WUlled to handle this. It wu detmmiwl !bat this sbaald ao ID Water and Sewer Board. Mayor Bnllllhaw ref'emd Mr. Norman to DilKtar Fonda. City Manager Sean advised Mr. Norman that Director Fonda could take him to an upcominc WIier and Sewer Board meeting. (a) A letter from Samara Ferber indicatina her resipatioD from tbe l!npwood Board of Adjustment and Appeals was considered. COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SICONDID, TO ACCIPf, WITB REGRET, THE RESIGNATION OJ' SAMARA J'!RBIR JROM TD INGUWOOD 80ARD OF ADJUSTMENT AND APPEALS. Motion carried. Ayes : Council Medlen Nabholz, Moore, Omen, Wololyn, Yurcbick. Gnzu1ia, Bradshaw Nays : None (b ) A proclamation dcclarin1 Sepcember, 2002 u Lltency Mom----. COUNCIL :\!EMBER CRAZUUS MOVED, AND IT WAS S&CONDID, TO APPROVE A PROCLAMATION DECLARING SU'nMKR, 2N2 AS UTDlACY MON11L Ayes: Council Membm Nabbolz, ~ G11na, Wolalya. Yurcbick. Oruulia, Bradllaw ays : None En1lewood City Council September 3, 2002 Pa1e 5 Motion carried . (c) considered. A proclamation declaring September 11, 2002 u "Always Remember 9-11 Day" wu COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 11, 2002 AS "ALWAYS REMEMBER 9-11 DAY". Motion carried. Ayes : Council Members Nabbolz, Moore, Garrett, Woloayn, Grazulia, Bradshaw Nays : Council Member Yurcbick (d) . A proclamation declaring tbe week of September 15 throu&h 21, 2002 u Yellow Ribbon Youth Suicide Awareness/Prevention Week was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 15 THROUGH 21, 2002 AS YELLOW RIBBON YOUTH SUICIDE AW ARENESS/PRl:VENTION WEEK. Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Woloayn, Yurchick, Grazulis, Bradshaw Nays : None (e) A proclamation declaring tbe week of September 15 tbrouah 21, 2002 u Comtitution Week was considered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDID, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 15 THROUGH 21, 2tl2 AS CONSTITUTION WEEK. Ayes: Nays: Motion carried. 9. Public Heariq Council Members Nabbolz, Moore, Garrett, Wololyn, Yurchick, Gruulia, Bradshaw None (a) Mayor Bradshaw advised that this is a public bearina to p th er citiun input on Council Bill No. 38 , approving The Shops at Hampden and Logan Plamied Unit Development (Safeway PUD). COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDID, TO OPEN A PUBUC HEARING TO GATHER CITIZEN INPUT ON COUNCll. BILL NO. 31, APPROVING THI SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT (SAFEWAY PUD). Ayes : Council Members Nabbolz, Moore, Garrett, Wololyn, Yurchick, Grazulis, Bradshaw Nays : None Motion carried and the Public Hearina opened. All wimes ses we re duly sworn . Senior Planner Lanaon advised that for your cons ideration toniabt ii lbe Public Hearin& for CouDcil Bill No . 38, The Shops at Hampden and Logan Planned Unit Dcvelopmeal (Sm-y PUD). C:0-:il fint considered this on ftrst readin& on Aupst 5•, she said, and we an lien tDaipl 111 _. dlia Plallaed Urut De velopment. I have already submitted to tbe City Clerk, Proofof'Publicaliaa 11111 IIOlice ofdlia • Enalewood City Council Seplember 3, 2002 Page 6 f~ \.~. public hearing was published on Augusl 9, 2002 in the Englewood Herald and Certification of Posting is forthcoming from Galloway, Romero & Associates. The application is from Safeway, Inc., represented tonight by Galloway, Romero & Associates. Ms. Langon explained that the request is to rezone the northwest comer of the intersection at South Logan Street and U.S. Highway 285 from B-1 Business District to Planned Unit Development (PUD). lbis request is to permit construction of a fueling facility as a Pennitted Use . That fueling facility would include six multiple produce dispensers, which would be twelve gas pumps, it would also include a canopy cover covering those dispensers, an attendanl kiosk and an air pump slation. Also included in the request, she said, is a seasonal outdoor garden cenler as an accessory use . Ms. Langon slaled thal the PUD process is a rezoning and ii is required, in this particular case, because a fueling facility is 001 a permitted use in the B-1 Business District. As a rezoning, the PUD is designed to provide flexibility for development thal may 001 be accommodated within the existing zone district regulations. The PUD eslablishes the zoning and the Site Plan criteria and it is specific to this development. There are two pans to the Planned Unil Development. The firsl is a Districl Plan and thal sets the regulations that governs the uses in the new zone district and the second part is the Sile Plan and thal is the general site and development de1ails that are specific to the project. II would include lhe landscaping, elevations, structures, signage ... the various dcvelopmenl issues. The site location is al the northwest corner of South Logan and U.S. 285 . The site is approximalely 4.3 acres and the Safeway store was built in 1983 . She pointed out that the PUD does not include the shops that line the north property line of the development. Those are under separate ownership. Just as background for the record, she said, the preliminary proposal was submitted to Community Development in April of 200 I. The required neighborhood pre-submittal meeting was held in June 2001 and the formal application was received in August 200 I, at which time it was reviewed by the Development Review Team and the outside agencies, such as COOT . Public Hearings were held by the Planning and Zoning Commission on four nights, May 1"', June 4"', June 1 g11t and July 2..i. At the July 2..i meeting the Commission voted to recommend to City Council approval of the Planned Unit Development with conditions. The first condition would be that refueling lanker truck access to the site be via U.S. 285 to South Sherman Street and that refuelin& would oitly occur between the hours of 11 :00 p.m. and 6:00 a .m. The second condition is that lhe outdoor garden accessory use would be limited to the months of April through July and would not utilize more than 20 parking spaces, as demonstrated on the proposed site plan. The third condition wu a condition impoled by the Planning and Zoning Commission and that wu that the shrubbery between the sidewalk and South Logan Street on the east side of the site be of one species. They also made a sugestion as to the type of shrubs . At the Public Hearing a number of members of the public attended and site circulation and parking were the key issues. I would like to go over a few issues that Community Development and ocher departments have identified, she said. The key issue tonight is this use and the appropriate use for this site . That is what the rezoning is all about. The proposal is for lhe basic B-1 Zone District regulatiom to remain in effect with the addition of two uses. The fueling facility as a permitted use and the outdoor garden center as an accessory use . Currently there are ten fueling facilities (&as slations) within a one mile radius of the site . She noted there was a map attached to the staff repon. Of those ten, two are in B-1, lhe same zone district of the current site, and they are grandfathered non-conformin& uses . There are seven within the B-2 District and those are conditional uses, they are conditionally allowed in B-2 . There is one in lhe I- I District and that is a permitted use . Fueling facil ities are not permitted in 8-1 , but Ibey are permitted as a conditional use if they meet conditions within the 8-2 District. The PUD does meet those conditional use requirements if it were in a 8-2 District. Parking was a secondary issue . The required number of parking spac es totaled 23 1 spaces . The Safeway store itself requires I S7 spaces, lhe garden center use requires 20 spa ces and there is an agrccmem with the shops to the north for S4 parking spaces . Thole 54 parking spaces would remain . However, the configuration of the parking layout is sli&hdY chaqed. Ms . Luaon advised that the PUD is proposing 239 spaces, so it does meet the parking requirement Access ia cenainly a ke y issue because of the tanker trucks comin& in . There are four access points. A concern would be lhe one at South Logan and that C'l trance is actually bein& proposed to be widened to allow left and right turn egres se s fr om the site . The traffic engineer has recommended that lhe refuelin& tanker aucks enter lhe site from U.S. 28S to South Sherman Street. Using that method reqwres all rip hand turDI for the aucks and 11 also eliminate s the use of the Soulh Logan Street entrance and the other entrances lhat wouJ4 create a tigh ter rurning radi us for th e trucks . Aga 111, the Planmna and Zonmg Commission set the condition lhat ' • • En1lewood City Council September 3, 2002 Pa1e 7 refueling must be done between 11 :00 p.m and 6:00 a.m and that was designed to mitigate circulation and traffic conflicts during the day . Fueling was also considered by the Fin: Division and the Utility Department and they have reviewed the plans . The Site Plan has addressed those depanment issues. I will say, she said, that the State regulates requin:ments for fuel tanks, spill containment and emergency shut off. Those considerations would be addressed within the building pennit process. Landscaping is also a requirement within the PUD . There is no real significant change to the landsc:aped area, however Safeway proposes additional trees and shrubs to buffer both the parking and fueling facility use . The Planning and Zoning Commission did impose some conditions on the cut side of the site regarding single 111C species in the area between the sidewallt and South Logan Street. The applicant bu addressed all the Planning and Zoning Commiaaion issua and, as I stated, if this were a 8-2 use it would be considered before the Pllllllinl and Zoning Commission u a conditional use and it does meet all of the requimnems for that conditional use that would address lighting. landscaping, screening and building set-backs. Staff therefore recommends approval with the two conditions, lhat refueling be from U.S. 28S to Soudi Sheman Street to the site and be limited to the hours of 11 :00 p.m. to 6:00 a.m. and that the outdoor garden center, the accessory use, be permitted from April to July and utilize no more than 20 parking spaces u demonstnted on the site plan. An additional condition i..-1 by the Plannina and l.oning Coimnission would be lhat the shrubbery be of a single species bet,i,een the sidewalk and Soudi Logan Street. R.epresentativa from Gallo-y and Romero are bere this evening represcntin1 Safeway, sbe said, and I will address any of COUDCil's questions. Mayor Bradshaw asked if Council had any questions for Ms. Laqon. COUDCd Member Yurchick said be would like to ask a question. If this doesn't wwk, ue there any provisiom that would requin: them to cleaa up the site and not just leave a canopy and a bunch of islands there with DO ps ~ sittma Oil it? I mean, be said, wllll you -when a lol of pl ..._ &0 out of business is that all you are left with is a canopy and an island silliDa there. Ia there a COllliDpncy plan to turn it back into a pukiDa 1oc? Senior Planner l.anpn advised lhat there -no continpncy plllL I am 1111e, sbe said, lhat Coancil could put that in as a condition, lhat after a certain UIIIMIIII of time, if it was not a viable operation or if the place goes dark after a certain lqtb of time, lhat it be removed. Mayor Bradshaw asked if there were any ocher quatioaa. 1bcR were -· Mayor Bradshaw noted lhat the applicant would be next and tbat there are several people siped up to speak to Counc:il on this issue. John Beauparlant, a project mana1er fos Galloway, Romero & Aaaoc:iala, SJSO DTC Parkway, Greenwood Village, explained that they have a really peat backpound u a compnbemive plamiiq, daignmg and architectural firm. We specialize in fuelin& factlitia and we lllve &.. a number of these for Safeway throughout the Front Ranae and other walml states . We were retained by Safeway back in January of 2000 and Ms . Lanaon presented a pretty Sood swnmary. We lllve been -tins oa this for Safeway for about 20 months now and we first met with the City back in April of 2001 . Ms . Lanaoa told you about the neighborhood meeting ind cverythina lhat IS pan oftbe process for~-The reason we are really here 1s beca\. • of what is known as byperman lueliJII. Mayor Bndlbaw coaftrmed tbat Council had recmed the information on hypmnart fuelina . Mr . ~ said be --.·tao imo it in dela 1 bul basically all of the grocery retailers around Denver, and ~. are tl'yllll ID o&r yet -more s ·rvice to theu-customers and the latest one IS fucliq. Unl111111a1ely, be IIOlld, • ii 8111 dis-type of use and so there are many grocery stores that are operatma oa pn,peny tbat ia 8111 !11...t Ill ,-mil dlsm lO offer the fueling opnon. l1us IS the whole reason we are bere eoaipl. The ftnl dliaa I _.. lib to lbow you II the downtown plan. wlucb is a very old plan. We are m the fir c-of wllll -...,..ny 911'!1aiaMd • the down town uu. So we basically wonder if this piece. II dis very fir c:orar, ICIUllly beJoep ill dis do wntown area. rm not sure Ult IS really a pan oftbe bua.-dillnct, it 11-of'dls ~ -OIII' {' t .. •. • • Englewood City Council September 3, 2002 Page8 initial proposal actually showed eight product dispensers and our tanks were also in a different place, but really the basic proposal is about the same . I would like to walk through all the changes, revisions, additions and embellishments that we have gone through as we have gone through the process, both in meeting with the City and in the many meetings with the Planning Conunission. The first thing we did was reduce the size from eight dispensers to six. Secondly, we redesigned Logan Street. We had two lanes ... one lane in and one lane out We created three lanes, so we have a dedicated right tum and a dedicated left tum egress lane and we think that will be a significant improvement in terms of traffic. The other thing we have done is make an access for our stacking area for vehicles that want to egress the site. He showed how difficult it would be to get through the area, because can back up. We conferred with Mr. Vostry, the Traffic Engineer, and we received his support to have an area where cars can stack up and not block main drive lanes north and south. The other thing we have done in terms ofiqress, at the U.S. 285 site is, we have proposed a very different geometry than what we have right now. We have rearranged the geometry of this access so that cars can come in at a faster speed, safer and get off of the road and tum in. The other thing we have done is, we have completely redesigned the parking lot. We are proposing a complete restriping of the parking lot with the number of parking spaces that Ms. Langon had mentioned. This PUD, as Ms. Langon said, does not cover the shops on the north, only the property which is, in fact, owned by Safeway. The shops on the north are not owned by Safeway and so they are not included in Ibis PUD , otherwise we would have included them. We are limited, in the PUD area, to keep the total oumber of signs, for the fueling, the store, plus free standing signs, to a total of ten, of no IDIIR than 400 square feet total. That is well within the range of what the City's Code allows, he said. We have committed to the U.S . 285/South Sherman Street tanker route and to restrict refueling to the hours of 11 :00 p.m. lo 6:00 LID. He pointed out where the garden center would be located and stated that they will use 20 parkina lplCCI and it will be open from April lo July only . We have also redesigned the entire Lopn Street frontaae . He showed what their architect had drawn showing the proposed frontage and he noted that the shrubbery is the result of the direction they received from the Plannina Commission. We are buically opem111 up the entire frontage of Logan Street. Mr. Beauparlant, usin& his diagrams, explained the propoaed cbanpl. He had a photo that was taken the day they were paving South Logan Street. He noted it is not particularly attractive. What we are proposing to do, he said, is to add a bunch of honey IOCUlt treea, a bunch of abrubs and some sod and hopefully we will have more water next year so we can d,;I Ibis. The other two items I want to mention, is that we propose to add a wheelchair access raaq, off' of South Lopn Street. He explained the particulars of the wheelchair access . We thought Ibis would be well worth it, lo add Ibis wheelchair access .while we are doing these other improvements. As RqUind. we will alloc:ate a portion of the parking lot to the shops on the north . Mr . Beauparlant showed the elevatiom that had been created lo show what the facility would look like . We have six pumps, a small kiosk about 422 square feet with a canopy, signage, etc . He noted there is a facility in place right now in Lonpnont. I believe pictures of that facility were included in the Council packet, he said. I enclosed those pictures beca111e that particularly facility in Longmont is very, very similar to this one . It is a little bit Iaraer, but it is set off by itself, it is pan of the parking lot, but it is separate from the center. It is a Safe-y Cemer, so it is not just a Safe-y store . We did a computer si mulation, witb the new facility at Ibis particular location. He pve the City Clerk a copy of the computer simulation for the record. I would like to pus it on to Council, he said, as it shows the sig ht lines and I thin1c that is very important to the people that nm The Shopl at Hampden and Loga n. He gave Council a copy to pass around. Witb that I would like to 10 into the meat and potatoes 1Ssues of rezoning . As Ms . Langon said, right now the 8-1 zone district doesn't permit fueling facilities, the B-2 zone district permits it as a conditional use and it is allowed in the industrial zone districts . However, most people don 't want to drive to the industrial zone districts to fuel their car, they would rather do it closer to home where they can combine trips with other thinp. This is a ,-al four part rezoai118, not for PUD , but general rezoning criteria and basically the issues to prollllllll heakb, safety and -)flue are consistent with the Comprehensive Plan. Has there been a material cbaap in tbe c:blnca of tbe neighborhood? The fourth one is that the property cannot be developed for dais pu1ic:ular 1111. This is the way we are looking at it. It can't be in a 8-1 zone district so it has to be r--s IIO allow far dais and we fee l we meet the gencnc rezoning criima. There is very apecific rezoaiDa criaia ud. u Mt. Luaon Mid, there is both a District Plan and a Site Plan. With the boards, he said, I wa11t to briefly show you the rezoning cmena. The PUD District Plan has to be in conformance with the Compebeuive Plan and we t • • • Enalewood City Council September 3, 2002 Paae9 !eel this is and staff has agreed that it is . All the required documents, referrals, etc . have taken place over the last year and a half with the City. ls the PUD District Plan consistent with the adopted and generally accepted standards of development in the City? We feel that it is . It is a high quality facility , using high quality materials and it is very modem. As Ms. Langon mentioned, the State Oil and Gas is the safety net, if you will, for the fueling facilities. We work with them all the time . We design top quality facilities . ls the PUD District Plan substantially consistent with all of the goals and objectives, etc. of the City? l feel that this would be and staff bas agreed in their report that they feel this meets the objectives of the City . The specific Site Plan itself then bas to be in compliance with the District Plan. When we were pulling this together we made sure that that happened . W c bad all the documents and the referrals, etc. have taken place and it is generally consistent with the goals and objectives. We feel we meet all of the criteria. What I would like to do is just concentrate if l could, for a few minutes, on these three main areas. Tbete are some other folks who would like to speak as well and then we can always answer questiona . One of the items that is very important is the parking. There is an casement, which has been there since 1986 and it is between Safeway and Stephen Wickliff, who was the predecessor in interest to Perry Becky who represents Bonbeck HL LLC . We have worked with him and looked at this parkina easement, both the existing and proposed. He showed them a diagram of exactly what the easement looks like today. What -are proposing is esaenlially the same easement, the same number of spaces, S4, juat a liale bit different configuration. We now have 23 spaces up along those shops, insli:ad of the 20 that exist today, because the spaces right now are oversized. l think the other item that is important is the dislance thal the average customer to the shops, will have to travel. The average distance right now , for all the spaces, is 9S .6 feet, but basically within SO feet there are eight spaces and within 80 feet there are l S spaces. Over towards the liquor store and sub shop area there are 16 spaces. That is the way it is currently configured. Under the proposed plan it is basically the same thing . The average space for all S4 spaces is 104 feet and apin, within 80 feet there are IS spaces. So we feel we are replicating existing parkina euement to the maximum possible extent. The other thing we have done, anJ l would like to enlel' it into the record, if we could, is we have a Parkin& Audit, which was done over three days back in 2001 and, appuently, Safeway does this on a regular basis. What we have done is at various times of the day it shows the lpOII that are filled and the spots that are not filled throughout the day. What we believe from this ia tbat there are a lot of empty spots up there and l think most people who drive by there know that there ~ a lot of excess parking at that lot and that is why we feel we have plenty of room to build this facility . Mr. Beauparlant presented a copy of the Puking Lot Audit to the City Clerk to be Clllered illfo the record. The sec:ood item that Ms. Langon identified as being very important is access and circulation. We have already menliooed the Logan Street access and the U.S. 28S access. He poinred out the -where they feel they have ~roved the stacltin& and egress. We have also put crosswallts in and we are aoing to add a lot of stop signs . Usina his diqram he showed where they want to put the crosswallts and stop sips. He identified the areas where they will improve the caress and access . What we have really done ia sepame the tlaeling use from the customer parking use . The only time this is going to have any traffic in it is two or three times a week in off hours, the tanker truck is going to come in. So, for the ll10ll put it will have DO uq,act whatsoever on this site. We also show here the new proposed wheelchair ramp . Thia ia a cin:ulatioa plan and it is included in the packet. Finally, what l would like to tallt about is the landscaping. We are not really proposing a lot of new landscapina. In 1986 the area, that was the peenway, was dedicated by Safeway to the City. There has been an allowance to use up to SO"/o of your total landscaping beina ofl'site, so we are able to recapture the ~t of that. What we are doing with thia particular propou1 is we are adding an awful lot of landscaping. W c are addin& 18 new trees and we are aoina to have to take 4 mall trees out of the parking lot. A lot of those parkina lot islands don 't really bave any landacapina in them II all, SO WC will be malting sure that all of the parkina lot ialanda have landlcapma. So WC have I total Of 14 new trees and 236 new shrubs. The vut majority of the shrubs will be on Soulb Lopn Simi!. So we feel that this is a positive addmon to tlus core area and it is llltina space that. ri&Ju now, ia nodiina but 11111111d parlung areas and we are putting a producnve use to it. The other thin& we would have, durina the hours that the store 1s operaung, IS an anendant at the kiosk and nght DOW there aren't very aany eyes in tbat un m terms of c ustomer sa fety or what have you. so we will have an extra set of~ thin in the C-of a kiosk ancndant for mosi of the day. That is about all I have to say, he said. but l will relpCllld to queatiom. We have a few other folks that would like to speak. Mr . Dan ClaytOG II with Safeway '• real atate poup '. ' .. • • Enalewood City Councll September 3, 2002 Pase 10 that deals with fueling facilities, we also have Mr . Perry Becky here representing The Shops at Hampden and Logan and Mr . Nate Stevens is the store manager. They would like to address Council if possible. Mayor Bradshaw said sure . We will let them finish the presentation and then we will open it up for questions if that is okay. Dan Clayton, Real Estate Manager with Safeway, 6900 South YollCIJlite in Englewood. said that Mr. Beauparlant bas spent quite a bit of time talking about the technical aspects of the application before you and I will focus my colllllllmlS on the marketing and operational aspects. Safeway, in the Denver division, bas now bad gas stations operating for about a year and eight months. We have found our fbeling program to be a very positive addition to our offering to the Safeway customer, be said. We have found that it bas been important, and increasingly important, for several reasona. Fint of all, fiom a competitive standpoint, as we are receiving coq,etition fiom other retailers . Direct competiton such u King Soopen and Albertsons now have a fuel offering. Also, some indirect competiton such u Costco and Wal-Mart are offering fuel. So in an effort to remain coq,etitive, he said, it becomes incrcuingly important that, where we can. we try and make this addition u a one-stop shopping concept offering to our customers. In the interest of remaining competitive, this proposed fuel station is the fim of what we hope will be a couple of phases of investment in that shopping center. To be honest, be said, the cemer today is a little bit tired and really needs some sprucing up . So our hope is. with the addition of the fuel station, and if thinp prop-ess as we hope and it goes well, we would like to come back to you over the coune of the next couple of years and propose a second phase, which will be a remodel to the grocery store . So we have kind of a long-term plan for that center to uppade it and it does need it. The second reason that we found our fbeling program to be increuingly important is that we recognize that it fosters loyalty. By offerina diacounls to the fueling customer, by use of their Safeway Oub Card, it bas really fOllered loyalty and repeat buaineu. We genaally offer a coq,etitive price to a customer oft' the strttt, but then we offer an edcfiricwwl clitcount to a customer who bas a Safeway Club Card, in the form of a three to five c:elll dilcomll. And dllt really does help • areat deal in terms of aenenting repeal buaineu. Third, it drives .... illlide die poc:ery store and that is really what it is all about We have bad very positive expaienca in 11mm oftaldaa poc:ery stores, that have bad a declinina trend in terms of grocery store sa1a, and in the receat pat wben we have added these into our puking lot, not only have we tumed around wbal wu a aeptive trend, but in some cues. increased sales inside the grocery store. With that in mind, where we have found it bas helped III iD our grocery store, u the anchor of a cemer, we have been offered some umolicilllld commms by ocher teaanll in the adjacent shop space, that they ue sceina an increase in their buainas. So it belpl, not only the anchor, but the center u a whole . Longmont is ID exa,.le that bu been uaed, a a receat anaJoaue to this type of application. Ludy, I would just like to share with you some of our due ditipace dllt we do, internally al Safeway, when we submit to our Real Estate Commitlee and uk them to fund a project for a fuel station. Mr . Clayton explained that we contract with ID independent third party to do a market study and that market study takes a look at what we are proposin& in the way of layout, wbal the impects are to parking , what the visibility is to our grocery store, what the c~tion is and bow they are priced. That market study is the buis under which we propose to our Real Estate Committee to fund the project. In addition to that, we look very closely at visibility to the store and we do a pukina lot lllldy, which bu been entered into the record this evening. In this cue. our Real Estate Committee waa comfortable makina a recommendation to make a sipific1Dt investment in a fuel facility for this locatioa. Some may maintain that we don't need another gas station, but our market study, which wu done by ID independad third party, indi cated that there is a need for it. Mr. Clayton said I have indicaled to you aome of the coaipetitive reasons that we find it important and on that blsis Safeway is prepared 1111 tab the ftllaDcial rilk tbal there is in fact a need for a gas station. He thanked Council. Ma yor Bradshaw thanked Mr . Clayton. Perry Becky, 7844 South ~aplia, Eqlewood, said I am the 1111111gina member for 8aabec:lt HL LLC, whi ch is the entity that owns the shops that you bnrd about, which ue adjacml to the prapaMCI ftleliDa fac il ity . ,As Mr . Beauparlant s tated, we have ID euement agreement with Safeway, which iactudn, unnna t • • Englewood City Council September 3, 2002 Pa1e 11 other considerations, that Safeway will provide us with a certain number of parking spaces for our tenants and for our tenant's customers . We've discussed the initial easement and the parking concerns with Safeway, on a couple of occasions, Mr. Becky advised, and these concerns were ~ and resolved to our satisfaction. Actually, our total parking spaces have been preserved and our access is going to be enhanced by this project. He noted that our tenants rely upon the traffic that Safeway provides for them. That is why they sign leases with us . Obviously , the gas facility will draw more customers for the tenants and their sales will increase. You've heard Mr. Clayton explain that repeat customers are their number one priority for building the gas facility and I believe our tenants will derive this benefit u well . We also want to be part ofSafeway's long-term plans. We don't want to be sitting there, by ounelves, in ten years . We would like to continue this partnership with Safeway. We are in favor of the ps facility, he Aid. It is a positive addition to the shopping center. The bottom line is, after speaking with all the tenants, personally, all but a couple are defmitely in agreement and want to see it happen. That is all l have for you, he said. Mayor Bradshaw thanked Mr. Becky. Dave Lawrence said l own the Subcenter, a shop to the north . He held up a handout entitled "Impact of the Safeway Gas Station" and asked if Council had received a copy of it. Council indicated they had not. Mr. Lawrence said he printed nine of these for the Planning and Zoning Commission. He pointed out that you all got material for the other side, but no material from the opposition. It might be a good deal for everybody else, he said, but he pointed out the parking spaces that are being eliminated. So basically, he said, they are eliminating 24 spaces right, directly, in front of my store . So, he stated, I am tbe one that is affected by this more than anyone else . That is my main problem with it. l don't really tbinlt they need a gas station. They said there is competition from Albertsons and Costco, which aren't even in tbe area, and ther11 is competition from Wal-Man and King Soopers, which are in the area, but they don't have fuelin& stations . There are other fueling station, he said, there is one at 106• and Sheridan and one in Woodland Park, and it is a whole new plan, where the fueling station is separate from tbe Safeway and they have acres and acres of space . They are kind of just throwing the ps station into this space, he said, I think it is really jamming it in there . 1 think the problem is that we are limited in our visibility by that big canopy and l would drop my opposition, iftbey would agree to put a marquee sign up on the comer that lists the names of the other shops in addition to Safeway. There is one there right now that says Safeway, The Shops at Hampden and Logan, but it doesn't specifically mention that there is a liquor store, a lllb sllop, a bank or any of that. Mr . Lawrence said if they would agree to do that ... and l would apee to pay Ill)' ofmy share of the costs of constructing and maintaining the sign ... then l would go along with droppina any opposition I have to the project. That's all I have to say , he said. Mayor Bradshaw thanked Mr . Lawrence . Mayor Bradshaw asked if there was anyone else that wished to address the Council on this matter this evening. There was no one . Ma yor Bradshaw asked if Council had any questions . Council Member Moore said in watching the presentation he had one question and tbe Subcemer owner just hit right on it. What strikes me, he said, is at the entrance off of Logan Street to this facility, with tbe stacking lane ... and all that looks great ... but it seems like you are goina to be effectively eliminating about five spaces there because of the traffic coming in off of Lopn. If you IIIUIDC tbat there is an iDcreued volume of traffic for the station, I would expect that the stackina is neceuary, bec:a1lle you are goina to have more traffic there . But, he pointed out, getting in and OUI of these spoll ii goina ID be very difficult. So not only ha ve these shops lost some of their parlcina, it loob to me lib Ibey have lolt tbe onea right in front of the ir store . I may be having too rmich concern about that traffic: there, he said, but I just cowdn't he lp but wonder if it could j ust be mo ved in closer to the ps facility, or somethina lib that, to allow better acc ess to the se few shops on the end . • • Enelewood City Council September 3, 2002 Page 12 0 Mayor Bradshaw asked if Mr. Moore was asking to move the whole entrance up. Council Member Moore said yes, he was just wondering if that would be a possibility, enough to allow a little bit better access to those first few stores. Mr. Beauparlant advised that that same suggestion was brought up during the Planning Commission hearings ... to relocate that access further to the south ... and it was decided that it wasn't a good idea, relocating that is really not going to solve the problem. The current access is not going to change at all, he said. You will come into the site just as it is now, we are not going to change it whatsoever. So, in our minds, the parking condition that is there now isn't really impacting the parking adjacent to the shops. Council Member Moore said except that you added the stacking lane, so the stacking lane indicates some anticipated change. Mr. Beauparlant advised that stacking occurs now . What we are offering is a haven for stacking. Right now, when people want to turn northbound or southbound on Logan Street, they only have one lane to stack in. We are going to give them two. So anybody who wants to take a right turn, onto southbound Logan Street, is not going to be there very long. Half as many people are going to be there stacked, in the left rum or the northbound Logan Street. So in reality the length of that stack is probably going to be shorter under the proposed condition. because you have free egress to southbound. Council Member Moore thanked Mr. Beauparlant. Mayor Bradshaw said I question any north rum out of there period, because it is almost impossible . Mayor Bradshaw asked if there were any other questions . Council Member Garrett said he has several questions related to parking issues. I think the issue that you raised, from my perspective, bas more to do with the increased traffic coming into the site. If they are parked in front of the store right at the far eastern edge. they may have trouble ever getting out of the spot. I think it is not the people leaving, but the people coming in that can cause the major problem Mr. Beauparlant stated that they did do a traffic study for this and submitted it to the City for their review. I think the thing to keep in mind, he said, is that even though you have the lnteniational Transportation Engineering Manuals that show traffic generation. etc., most people fuel their cars on the way to work, on the way home from work or they combine their trips. It is very rare that you would be watching a Bronco game and at halftime go out to put gas in the car. It is not a destination type of trip. So we will have some increased traffic, we hope . We hope some of that increased traffic will stop at the shops and also go to the store . We have had some ad hoc studies of three different locations in the Front Ranae. These are fairly new for Safeway . One thing I failed to mention. he said, is that we have been involved in the design of 69 of these throughout Colorado, New Mexico, South Dakota and Wyomin&. Most of these are in the Front Range area . The studies that were done of the three spots indicated that almost 40% of the vehicles that stopped at the fueling center also stopped at the Safeway store. I don't know if these were just Safeway store Safeway fueling facilities or if there were other shops, for instance, such u in Lonamont. But I would think. he said, that the more shops you have in the center, the more likelihood there is of having combined trips . We don 't look at these as brand new stand alone trips, where people are comin& onto the propeny, getting gas and leaving . Cenainly there will be some of that. I can't say lbat won't happen. Mr . Beauparlant pointed out that this is the only west bound U.S. 28S propoaed fuelina facility, almost in the ent ire stre1ch through Englewood. He noted that U.S. 28S is a highly traveled road and so it is somethina, nght now . tha t 1he people in Englewood don 'I have . People who may take U .S. 28S to go home or to work, traveling westbound. go ahead and get ps and act back onto weslbound U.S. 2gs without affectinl, whatsoever. the Logan Street access. They can 10 in on 28S and leave on 285 . So I doa't think, be said, that this 1s go10g to have m&Jor significant impacts in terms of the access on Lopn Street and I think, with the 1mpro\'ed caress, tha1 the end result 1s. really, 10mg to be an iq,rovcment. t • • Englewood City Councll September 3, 2002 Page 13 Council Member Garrett said I do not know the dimension/size of parking spots in Englewood, but I noticed that you were restriping to make them smaller. He pointed out, at the Barnes and Noble and Starbucks at County Line, that you can't park a car in there. Everybody takes two spots, because the spaces arc too small. Mr . Beauparlant advised that the rate right now, under the current City Code ... which I think is being revised ... permits up to 40% compact parking, which is 7 ~ feet by 15 feel 1bia waa written at the time of the oil embargo or something, because at that time the can were getting smaller, and that is not the case anymore. Now we have Expeditions, Suburbans and things like that. The existing dimension for a parking spot is, I believe, 9 feet by 20 feet. Ms. Langon can verify that, he said We are not proposing to go skinner that 9 feet and 9 feet by 18 feet is a standard space, just about throughout the entire Front Range . So we are proposing spaces that you can actually use and you can still get out of the car without having to bang the one next to you. Council Member Garrett said the parking that is right on the eastern part of Ibis site, which is sort of on the other side of the circulation pattern, seems to be stranded parking. Mr. Beauparlant said it is sttanded unlesa you want to make it employee parlciJll and that is typically what they do. I would assume that Safeway would be willing to do thaL Ancbon of IIIIISI centen will make sure that their employees park in the areu that the customers arm 't as likely to park in. Council Member Garrett said you also mentioned that there will be an attendant, which increases safety concerns. But what we saw wu that the attendant will be leaving at midnight, so during the period that you son of expect that safety will be more of a concern, then: won't be an attendant there. Mr. Beauparlant said exactly, that it is unlikely that there would be a 24 hour attendant. He coam.nted that Safeway may, for their 24 hour ston:s, have an attendant at all times. But, be said, my point is that right now there is nobody out there and at least for an extended period of an. during the day, compared to right now, there would be somebody out there. Council Member Garrett said then there is no anticipation that they will 10 to a 24 hour attendant. Mr. Beauparlant said they will have 24 hour fueling, but riaht now what Safeway typically does ii operate the kiosk as an attended facility during the same hours that the store ii open. Council Member Garrett said the 11.st question I have is in n:prd to liaht shielding. because tbne things tend to blare out a lot oflight. Mr. Beauparlant said we are definitely not desianing that, our liptiDa plan is to have all oftbc canopy lights be flush mounted, no protruding lenses, we are not n:ally addin& any site liaJitina at all . We may be relocating one , be said, but we arc not going to be having this big bria)it tbina out there . Council Member Wolosyn asked if then: has been any discussion about inaeuing tbc IIIIDCI on the marquee . Mr . Beauparlant said no, there hasn't. Tbe n:ason for that is that the shops themlelvea are noc a part oftbia property, they are on a different, separate property. Tbe parcel that ii Ibo-OD tbc plaa is tbe property that is owned by Safeway, he explained, and the sipae only applies to tbe Safeway store and tbe Safeway fueling . So , be noted, it has not been a discussion item 11 all to add off'pmniaes adveniaiJI& and I am not ev en sure it is allowed by Code . • t .. • • Enelewood City Council September 3, 2002 Paee 14 Council Member Yurchick said he had a question . I am not sure if it is for Mr . Beauparlant or for City Attorney Brotzman. It goes back to my earlier question. If this doesn't work out, can we require them to clean-up the site so we don't have an abandoned gas statioil sitting on the corner of Logan and 285? City Attorney Brotzman said you can add a condition to that effect Mayor Bradshaw said it sounds like you want to add that condition. Council Member Yurchiclr. said I would like to, but I don't know what the rest of the Council wants. Mayor Bradshaw asked for Council's comments. Council Member Wolosyn said that is fine Council Member Garrett conunented that they can consider it when the issue comes up, as this is only the public hearing . Mr . Clayton asked if it would be appropriate for him to address the comment. Mayor Bradshaw said yes. Mr. Clayton said I hear what you are saying and my only concern would be from a real estate pcnpective, that we would still have the ability to, potentially, sublease that to another user in the event it doem't maJce it as a Safeway station. It is not inconceivable that we might neeotiate an agreement with, for example, Exxon Oil , to come in and sublease that space, he said, or some other type of tenant that miaht cake advantage of the facilities that are there and it 1111y not be a fuel station. !n term1 of your COlllideralioa of that type of requirement, be said, please 1r.eep in mind that we would like to llllintain Oeiul>ility from a real estate perspective. Counc ii Member Garrett said from a real estate perspective, I thin1r. what we would enviaion that there ii a period of time, that we could say if it stays dark for x amount of time it would have to be cleaaed up. He noted we have done this with one of our tenants in a slighlly different conteltl It is not like day one you &O dark and day two you have to clean. There is a period where it would loolr. like it is eoina to end. That would give you the flexibility durin& the interim to come baclr. to the City and discuu it Mr. Clayton said I understand the concern and if you could balance those two things, that is what we would ask . Council Member Grazulis said she did have a concern about the canopy ta1r.ina away the view of the other stores behind it I did see that there could be an issue with 111>1 beina able to see the 1bopl there . So, she said , I would like to have Jan Johnson, perhaps, look into this, if that would be possible. Dave Lawrence said I would lilr.e to talk about that issue , since apparently it is imposaible to include our name on the marquee , I would lilr.e to just 10 into some of the concerns I have . Visibility of the sips, I have done a study on it, the canopy would ta1r.e our visibility from the street from 1.93 seconds to .91 seconds . So you would be able to sec our sien for half as much of the time . Abo the aJare of the lipl from the canopy . In these books that I presented to the zoaina meetiJ1a we bad color pic111n1 of die odllr Safewa y fuelin& stations and how 1t restrieted the visibility oftbe sips and now we have a -11111 abap Qwzno ·s over there and you can sec that 11p for twenty seconds when you are drivllla down Hampden and that 1s ne w competition for me . Now my visibility is cut in half. I have a picllft c1ra-up. if a,,_ wa nts to see tlus , he said, and I have the par1r.ma lot coofi&uralHID. Doa uyom wam to -lbll or sbould I make co pie s? t • • Eqlewood City CouacU September 3, 2002 Pa1e 1!5 Council Member Grazulis asked Mr. Lawrence how long he had been ia buaiaesa at that 1ite. Mr . Lawrence said 12 years . Council Member Yurchick asked Ms . Langon ifit is true that you can't have off-1ite signaae ia Englewood. Ms . Langon said yes, typically, what we call third party signs, are DOI allowed. Howner, this ii a PUD and it does create the flexibility and within that zone di1trict it could be addrcucd, oaly for dail oac district. Also, if Council would like, she said, we can come up with 10me language for a go darlt clalllle that would address the canopy, the~· and the fuel tanb. Council Member Garrett uked if they wouldn't want to have the lightiag S1llldard ia there, u well Ms. Langon explained that that would be addressed within the buildin1 permit proceu. Council Member Y111chick uked if Safeway would be oppoeed to participatina ia arquee signage with the other shops. Mr. Clayton said we would DOI be opposed, ia fact we would be ia favor oftblt. He stated that the.- it has not been brouaht up ii becawie our auumptioo WU that it WU DOI pouible. But to the extent the PUD can be written, he said, IUCh that there can be additional lipqe for the IUlql*I for the shopl, I am fairly certain that we can work with Mr. Becky and The Shopl &t Hampdea to work out a filllacial arrangement to do that So, we would be ia favor of that ifit ii allowed. Council Member Gruulia said &he bad one other quatioa for Jan Jolw. An there any applil:a&ioaa to pu1 our famoul grND wrought iroa fencing ll'OUDd there? I cloo't !mow wbldler it would be a poaibi)ity to put the fence in, to tie it iato Englewood. Business & Redevelopment Coordinator Jolmson said you are taJkiaa about the omaamllal iron that we have u pan of our Catalyst Program. Thil wt year the proaram wa1 npaadecl ID iaclude Hmpclla. We do not have any applications for that site specifically, but we have bad-app~ for that kind of work. so it would be available. Council MemberGrazulis said that ii okay, it wujUII another idea. Mayor Bradlhaw thanked Ml. Johmoa. Mayor Bradshaw asked if there were any other questions. Council Member Yurchick asked bow they would addral the sipaae illue. Mayor Bradshaw said she thought Ma. Lana'>njuat said she would include that b tbat c:omct? Ml. Langon said she would come up with some laquaae. City Attorney Brotzmlll said in yo111 next packet you will have propoted lanpqe for lipqe and lipr:ina. the issues you have just dilcuucd. Council Member YUR:bick uked if it would include the cleaHp ..... allo. Cily Anlnly 8laCmu said yes. City Attorney Brotman staled that the onlinance will reaain lbe-. ..._ • -... - forwarded from Planmna and Zoninl and tbm you can mab amciw ID add wllicbllW COllditioM you would like . Englewood City Council September 3, 2002 Page 16 Council Member Moore said he had a question about the process. I would like to Ullderstand better why some of the parking alternatives won't work, in terms of the Logan access. ls that something I just go to Ladd Vostry with to try to get more comfortable with the issue? City Manager Sean questioned whether Ms . Langon could respond to that. In response to Mayor Bradshaw, Council Member Moore explained that, specifically be was concerned about access to the shops in the eastern part. City Manager Scars suggested Public Works could respond to Council Member Moore's concerns . Mr . Beauparlant said before we go on to address Mr . Moore's concern I would like to address Mr. Yurchick's question about the signage. As Mr. Clayton said, we would be willing to do that, however, I would like to ask that we could then entertain an increase in the tolal square footage for the PUD . He 1111ted that we have a pretty tight sign package right now and if we could just look at possibly adding some square footage for the tenants, if this is, in fact, the direction we go . I think Ms. Langon could probably address that, he said. Mayor Bradshaw said I think that will be addressed. Senior Planner Langon asked Mr. Moore ifbe was concerned about the puking spaces that would be near the new wheelchair ramp . Council Member Moore said that is correct Ma. Langon adviled that thole are existing spaces . This is the same issue, she said, whether it be the two lanes like it is now or the three stacking lanes . So for anyone corning in, ingressing from Logan, it will be the same. It is no different from what currently exists . The reason the access point is not being moved down now ... u Mr. Beauparlant mentioned and we did discuss that through our development reviews ... is that it cbaupa the stacking for the signal light. So, she noted, the entry point there is, pretty much set. Trying to move that changes the intersection and changes the parking. W c are pretty much stuck with it, she said. Council Member Moore said whether or not I un right with my concerns for pukiDa. you are saying that we , as a City, can't have the entry point moved down because of the intersectioa at Lopn and 28S? Ma. Langon said that is right, it affects the stacking. The Traffic Division of Public Worb reviewed that and recommended that the entry point not be moved. Mayor Bradshaw said I have a concern about the left tum going cut out of there . ls that acrou a double yellow line ? Ms . Langon said not at that point. You can make a left band tum from thme now. Ma yor Bradshaw said I would think that if you had two car movementl venua three, that that would help people get from those spaces over. Rather than negotiate a right tum lane, a left tum lane and then another entry. Co unc il Member Garrett said, regarding the spots Council Member Moore is coacemed about, if you are backin g OU[ of that spot, you are probably only backing into can that are conma in. Mayor Bradlbaw said th at is true , I sec what you arc saying. Council Member Moore said it is tight. Mayor Bradshaw said it is awful, I part thme all the an.. Mr. Moore stated it is bad now and I just can 't believe that there is not aoing to be iDcreued lnfflc with this. understand the ideas about the Safeway customers, but I do believe, !bat for die ovenll beDdk of the busines ses that thi s is going to increase traffic . I just think that that comer thme is now aoina IIO be --. he said . primarily because of the can tumina in off of Lopn. It is goina to be very lad IIO pull yoc.s car out of tha t spot. That is a concern, be said . • • Eqlewood City Council September 3 2002 Pace 17 Ms . Langon ad vised that that bu been a concern of staff's all along . Again, the Traffic: Division reviewed it and felt that it is kind of the lesser of two evils, but that it does actually improve the situation with the two egress lanes . Mayor Bradshaw said really, it improved it? Ms. Langon said yes, becalllC you have increased stacking. Otherwise, currently, the parking lane that is furthest east, there is an exit right there, so you have that whole line of traffic that is in one single lane, either turning left or right and then you have another lane that is trying to come in, trying to tum out. So actually we are removing that ooc exit point to get to the egress lane , moving it around and providing longer stacking distance and two lanes to stack. So that anyone making a left band tum doesn 't ~ people that are trying to exit to the right Mayor Bradshaw thanked Ms. Langon for clearing that up . Mayor Bradshaw asked if there were any other questions . There were none . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SICONDl:D, TO CLOSE THE PUBLIC HEARING TO GA TIIER cmZEN INPUT ON COUNCIL Bll.L NO. 38, APPROVING THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT (SAFEWAY PUD). Ayes: Council Memben Nabbolz, Moore, Gamu. Woloayn. Yurcbick, Grazulis, Bradabaw Nays: None Motion curled and the Public Hearina clOled. Mayor Bradshaw advised that Council will not be voting on this this evening. it will be comin& back to Council at their second meeting this month. Mayor Bradabaw thanked everyone for their input and for comma. 10. Coment Aaenda (a) Approval of Ordinances on First Reading There were no additional itema submitted for approval on lint reading. (See Apnda Item 11 -Rqular Agenda .) COUNCIL MEMBER GARRETT MOVED, AND IT WAS Sl:COND»:D, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) and (II) AND 10 (c) (I). (b) Approval of Ordinances on Second Readina (i) ORDINANCE NO. 40 , SERIES OF 2002 (COUNCIL BILL NO . 40, INTROD UCE D BY COUNC IL MEMBER GARRETI) AN ORDINAN CE APPROVING "AMENDMENT NO . TWO TO CITY OF ENOLBWOOD POLICE OFF ICERS PEN SION PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY I, 1999.t (ii) ORDINANCE NO . 41 , SERIES OF 2002 (COUNCIL BILL NO . 41, INTROD UCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE APPROVING " AMENDMENT NO. TWO TO CITY OF ENGLEWOOD FIREFIGH TERS PENSION PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY I, 1999.)" Eoalewood City Council September 3, 2002 Page 18 ( c) Resolutions and Motions (i) PURCHASE OF MOBILE AIR APPARATUS EQUIPMENT FROM AMERICAN LaFRANCE TRANSWEST IN THE AMOUNT OF $61,874.00. Mayor Bradshaw asked ifthere was any discussion . There was none . Vote results: Motion carried. Ayes : Council Members Nabbolz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None 11. Resular Asenda (a) Approval of Ordinances on First Reading ( i) and (ii) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance approving License Agreements for Encroacbmenta along the City Ditch for the Santa Fe Widening Project and a recommendation from the Utilities Deputment to adopt a bill for an ordinance authorizing a Joint Use Agreement for the City Ditch with the Colorado Department of Transportation. He explained that the next two items are inter-related. We have reached an agreement with the Highway Department over a dispute on the seniority oftbe City Ditch over the Santa Fe Corridor. In the agreement neither party is admitting that it is senior or not. We are juat lettin& that issue die while we resolve the issue of whether the Highway Department can expand Into the City Ditch right-of-way. In different locations, be noted, the City Ditch overlaps or the Highway Depanmeot overlapl, so we have just postponed any argument, because we don't think there will be one anyway . So, the om apeemmt with the Colorado Department of Transportation basically says we won 't address that issue DOW, but each party will reserve all their rights . Mayor Bradshaw asked if she could ask a question on that. That is Agenda Itml 11 (1) (ii), she said. Does that impact anything they did 11 Aspen Grove, do they have to move that apio? Drrector Fonda said that, basically, they l!:R: going to pipe the City Ditch for 11000 feet aud in the Aspen Grove area that is already done . Mayor Bradshaw said okay. So, they don't have to go back and do stuff? Director Fonda said DO. Director Fonda ;xplained that this is just the ordinance allowiq the licensing for all of this aud they then provide a I 000 feet of pipe, that they will construct where it is open ditch now . So, Mayor Bradabaw said, we arc getting this done free . Director Fonda said yes , it is I pretty good deal. Mayor Bndabaw aped that it is a good deal. Director Fonda said it is a good deal because we want to aet that I 000 feet of pipe, u that &ivea us the abili ty to run water later during the winter . This winter we won 't be able to do it the whole winls, while the y arc installin& it, but that will be I benefit to Englewood. That is in the secODd part, he said. aud that is wi th the Department of Transportation. Now, be said, even tboup we haven 't apwd oa whole senior aud we both have re se rved our ripts, we have •&reed on bow we are aoina to do it aud w an very coafideal. wi th the material s they are putting in and the locations, that we will be able to deal wida that aud it -·t be a problem. Direct or Fonda advlSed that the other items are with AT&T , QWEST and Public Service ud they do come m m second place . beca use the y are under license with the Hipway DepanmeDt and the Hipway • t Enalewood City Council September 3, 2002 Paae 19 Department then requires them to be licensed with us . So, he said, the other item in the fint bill ii the agreement for encroachment licenses with those three utilities and they have agreed to that and they have accepted OW' standard license. Council Member Garrett stated that I am goin& to recuse myself from Aaenda Item 11 (a) (i), because I am currently employed by AT&T Broadband. Mayor Bradshaw asked if there were any other questions for Director Fonda. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 43. COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER. WOLOSYN A BILL FOR AN ORDINANCE APPROVING THREE LICENSE AGREEMENTS WI1H PUBLIC SERVICE COMPANY, AT&T BROADBAND AND QWEST TO PLACE TIIEIR lmUl1ES WITHIN AND ALONG CITY DITCH AS A RESULT OF HIGHWAY IMPROVEMENTS ON SANTA FE FROM COUNTY LINE ROAD TO PRINCE STREET IN LITTLETON. Vote results: Ayes : Nays: Abstain: Motion canied. Council Memben Nabbolz, Moore, Woloayn, Yw-cbick, Gruulia, Bradshaw None Council Member Garrett COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) -COUNCIL BILL NO. 44. COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER. WOLOSYN A BILL FOR AN ORDINANCE APPROVING A JOINT USE AGREEMENT FOR THE CITY DITCH RIGHT-OF-WAY WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR HIGHWAY IMPROVEMENTS ALONG THE CITY DITCH ALONG SANTA FE DRIVE FROM COUNTY LINE ROAD TO PRINCE STREET IN LITTLETON, COLORADO. Vote results: Motion carried. Ayes : Council Members Nabholz, Moore, Oanett, Wololyn, Yurtbiclt, Gruulia, Bradshaw Nays: None Director Fonda said he wanted to cc,mplimcnt the City Attorney's Office . Nancy Reid, be said, worked for a long time on this . It bas been several ~ and she has neaotiated a very difficult apeemem. Mayor Bradshaw said that is incredible . (iii) Business & Redevelopment CoordinalDr Jobmoll prae.-1 a ncannrndetioa from the Community Development Depanment to adopc a bill for an ordinlllce llllllldiq sec:tiom ortbe Englewood Municipal Code penainin& to Sidewalk Sales to allow the iDcluaiaa or a Farmer's Market. We are very fonunate , she said, and we are very excited that Eqlewood now bu a Sa&urday Funm's Marbt. It 1s a great activity. At the very tint market they bad 22 vendors and we expect 1bal tbey will lC1Ua0y pt more as fall goes on. as some of the mountain markets will abut down and -or dlllle people will be co ming 10 Englewood. It is a great activity, 111 syneray, ii aanca people 10 tbe 1,te and it ii alao providilla En&lewood City Council September 3, 2002 Pace 20 some revenue to the City through the sale of some durable 1oods. Not everythina is subject to sales tax, but the ones that are will have a sales tax license . We are very excited about this project and then it was brought to our attention that Fanner's Market's need to be included in the ordinances tbat are eoveming public sales and public events in the public right-of-way. That is why we are here toni&ht, she said, we would like to recommend approval of this ordinance that amends our Municipal Code to include Farmer's Market's. Mayor Bradshaw asked who procured the Farmer's Market Ms. Johnson said tbat she, and the Community Development Department have been womna wilh the market since early this sprina. Mayor Bradshaw said everybody I talk to just thinks its great. Ms. Johnson said it is very exciting. They are very excited about En&lewood, they are excited about the location and, in fact, they are convinced that the piazza was desiped specifically for this kind of activity. Mayor called for the mohon. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS Sl:CONDID, TO APPROVE AGENDA ITEM l t (a) (UI) -COUNCIL BILL NO. 42. COUNCIL BILL NO . 42, INI'RODUCED BY COUNCIL MEMBER ORAZULIS A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 6; TITLE 11, CHAPTER 3, SECTION 3(8); AND TITLE 16, CHAPTER 4, SECTIONS 10, 12, AND 19; AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO PUBLIC SIDEWALK SALES OR FARM.ER'S MARKET. ' Vote results: Motion carried. Ayes: Council Memben Nabbolz, Moore, Garrett, Wololyn, Yurchick. Grazulis, Bradshaw Nays: None Ms. Johnson !banked Council for their time. Council Member Grazulis !banked Ms. Johnson. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second readina -(See Apnda 111cm 10 • Coment Agenda.) ( c) Resolutions and Motions (i) City Attorney Brotzman presented a recommendatioa from die ff- Resources Department adopt a resolution removina a peraon from the lilt of beariaa offlc:en and appoilllilla a new person to the list of penom eligible for appointment u beariq offlc:en for dilcipliury aad merit appeals . We have bad a request from Mr. Maclean to be removed tromourbeariaa officer lilt He is going to become an aulhor and be will be writing a book for lbe next year. We are reco,,mwm ~ina Joma DiF alco to replace Mr. Maclean on the bearina officer list. RESOLUTION NO . 84 , SERIES OF 2002 En1lewood City Coundl September 3, 2002 Pa1e 21 A RESOLUTION REMOVING A PERSON FROM lHE HEAR.ING OFFICERS LIST AND THE APPOINTMENT OF A NEW PERSON TO THE LIST OF PERSONS ELIGmLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 84, SERIES OF 2002. Ayes : Council Members Nabbolz, Moore, Gureu, Woloayn. Yurcbick, Grazu1ia, Bndsbaw Nays: None Motion carried. (ii) City Attorney Brotzman presented a recommendation fi:om the Human Resources Departmm ID appoint, by motion, a Hearin& Officer in the Jeft"Heniot Dilciplinary Appeal. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT JOHN DIFALCO AS A HEARING OfflCER IN THE JEFF HERRIOT DISCIPLINARY APPEAL. Motion carried. Ayes : Council Members Nabbolz, Moore, Gamtt, Wololyn, Yurcbick, Grazulis. Bradshaw Nays: None (iii) Assislant City Maaa,er F1abcny praenllld a lffllllDIPDdetion from the City Manager's Office to approve a motion settins September 21, 2002 u the due for a Sidewalt Sale Event ID be held by tbe CityCenlff MercbanlS Association. He adviaed 1bat earlier dlil year City Coum:il approved two public sidewalk salet evenll for 2002, June s• and Aupst 2,•. We bave an cxpnizalioa of mercbua, in the CityCenter area, who bave requa1ed a public lidewalk lalea evat for Salurday, Seplember 21• u a special celebration eYeDI ID inaoduce tbeae buaina• ID Enpwood and to the surroundina midenls. Became tbey wa-e not formally orpnized earlier dlia year, they did not have an opportunity ID request a public lidewllk ula event, so w are NqUelliDa Sepllllllbu 21 • • a public sidewalk aalel event day . Council Member Yurdlic:k ubd wbae dais -.Id be held. Mr. Plllmty adviled Ibis ii ID be 1111d 11 CityCenier, oar dnelapant. We bave abolll 15 ID 20 mm:blm tllat have formld ... idlmally at dais point. but Ibey plan to fomalize a mm:blllt's orpninlion One of'the diinp tbey-plaaama ii a celebration oa the 21 • 1bat will include Clllel1linmenl and a IIUIDber of other actmtiea, one or which they would like ID be a lidewllk sale. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS S&CONDID, TO APPROVE AGENDA ITEM 11 (c) (ill)· A MOTION SETTING SEPTEMBER 11, 2I02 AS TD DAD ,OR A SIDEWALK SALi !VENT TO BE HELD BY THE CITYCINTEll MIRCIIANTS ASSOCIATION. Ayes : Nays : Motion carried. Council Members Nabbolz, Moon, Gamtt, Wololyn, Yurcbick, Grazu1ia, Bndlbaw None Mayor Bradshaw thanked Mr . Flabeny. 12 . Geaenl Dilcuaaloa (a) Mayor's Choice Enclewood City Council September 3, 2002 Pace 22 (i) Mayor Bradshaw said when you are going down Windermere and you are on the south side of Oxford, there is no striping there and people keep trying to line up with the stripes on the north side. It 1s very confusing, she said, and I watch people cut all the way over to get onto Oxford. So, can we get the lanes down there striped? Council Member Garrett asked if she was talking about the intersection or all of Windermere. Mayor Bradshaw said Windermere, as Windermere isn't striped at all . Ifwe striped Windermere that would be a good start and that would stop the drifting. It is very confusing by the light rail station. City Manager Sears said okay. (b) Council Members' Choice (i) Council Member Grazulis asked if, at the September 16* meeting they are going to have, regarding speeding in residential areas, they will address the Alive at 25 Propam. City Manager Sean said that Director Ross will be puttina that on and I will check with him tomorrow. Ms . Grazulis said I jlllt wanted to make sure it was not forgotten. (ii) Council Member Yurcbick said the 30 days ii up on the extension for the Skerritt House. Do you want to brin& that up apin tonight? Mayor Bradshaw said sure . COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO RAZE THE SKERRITT HOUSE. Council Member Grazulis said I am not quite sure we are ripl there with mlkiJI& a decilioo lhil evenina so fast. We did receive one offer, she llid, and be is goin& to be pultill& it in writing and we abould probably honor that. Mayor Bradshaw asked if anyone elle wanted to speak to Ibis iuue. Council Member Garrett said pan of the dccilioo oa whether -want to accept all or-· . .I tbiDk die numbers didn't quite make seme to me . That meana for S 13,000,00 -ue &ivma up die property, which we thought could have a value at some point in time as a park or wbuever. So that would be put of the , decision makin& process. Mayor Bradshaw said she would like to 10 back to her uchival memory. When -lryina to pt rid of ftre stations in the eighties, she said, we sold a ftre station to a &lass compu1y out in Sheridu. She poinlied out that we sold it for a very nominal fee and we aor killed. I jlllt do not believe in selliD& land, dial'• valued at a lot more , for S 13 ,000 .00. I have real problcma with tha1, she said. Counc il Member Yurchick sa id part of the issue with him, too, is that be may have the Sl3.000.00 to buy 1he land, but he doesn 't have the rest of the money to take care of the property or updalle it or do wbaeever . Mayor Bradshaw said his cohorts are interestina. Council Member Garren said for S 13,000 .00 I cui take it, raze it and build a nice boUle and aell it Co uncil Member Grazulis said there were some otbcr options and I thoqhl ii wu quite illten:ltin& that a lo t of the ci tizens did say that we should 10 ahead and rue it and then come back in with cilizc 11, as there arc man y talented citizens in the community, and do a call to recOIIIUUC:t ii u it wu ... a rwo room boule . And have as much dona ted u possible . she laid. and do n a1 a later date . Mayor Bradshaw asked 1f1he rc were any other comments . .t • • En&lewood City Council September 3, 2001 Pa1ell Council Member Moore said I was probably being over optimistic, in thinking that in this 30 day period I would see more effort in terms of people coming forward and convincing ua that tbcrc were funds available . At the same time, he said, I am still conflicted. Tbe memo wu very helpful in terms of layina things out and I have to admit, to the extent we can get a 7So/o subsidy, 1 am having trouble throwing in the towel. Mayor Bradshaw said my question is, a subsidy to do what with that building? Council Member Yurchick noted there is a big maybe on that subsidy too. Council Member Grazulis said more information might come forth in another couple of weeks. Mayor Bradshaw said I am sorry, but we can just baby this along for years. Not making a decision, is making a decision. Council Member Yurchick said the problem is that I thought in 30 days someone would at least take a position and a legitimate &fOUP would be out there with some plan or some way to save it, but nobody really came forwud. Mayor Bradshaw said and more than $13,000.00 . Council Member Yun:hick said yes. Council Member Moore agreed that there are a lot of ifs. But if wait for the three to five month process, in three to five months to have the answer ... if it is a 7So/o subsidy? Council Member Gurett noted the application process stuted in April Assistant City Manager Flaherty explained that the periods for applications to the Colorado Historical Society for puts is October 1 • and April I". It is very unlilrely, be aaid, that we CID pt a pant, or even put a grant together before October 1 •. Plus, in order to &et any additional fundina, we probably need to complete the gran1 we currendy have, which requires approximllcly SI 90,000.00 wwtb of expeadilllla, of which $80,000.00 is funded by the Colorado Hiatorical FUDd. If we wae pva the ao abeld, we could probably complete that by late this yeu or euly next yeu and be able to apply in April for additional fundin&. To be very honest, he said, we would probably need to have, ll leut, akematives for 111e1 for lbe Skerritt House ifwe wanted our grant request to be given aood conaideratioa. We -1cl have to have, at least, some alternatives for uses that they would need to review. But, yes, be poimed out, we could &et to the point, if we spent the dollars, to do a stabilization and close out the granl we have now, and we could apply in April of 2003 . Council Member Moore asked bow much we would have to invest to find out what they ue willin& to do for a subsidy. Assistant City Manager Flaherty said we have a grant ri&ht now for $80,000.00 and that is for stabilization. The total project cost is about S 196,000.00 . In order for us to fund that, we have $40,000.00 in a cumm appropriation and we also have $88,000.00 that the City has received &om an inlunace Mlllemeat, bus has not appropriated. If that were to be appropriated to the stabilizatioll fund, be aaid, tbea that project could be completed. Tbe stabilization could be completed and we could apply apiD ill April of 2003 for ldditiGal fundin& fo r completion of the entire project. Co uncil Member Moore commented that we have to spend a lot of money to ftnd out bow aerioul our partners are . En1lewood City Council September 3, 2002 Pa1e 24 Council Member Wolosyn said I am ready to vote and lay this matter to rest tonight, but I just want to return to what I said way back: when, when we just had a consensus. I respectively a," staff to somehow document this building, whether through the digitization process and/or some decent photos of the interior and the exterior and some of the details of the interior. The details where we all agreed that there wu something about them that moved us . I guess that is it, she said. I move the question . Mayor Bradshaw said the question has been called. Council Member Yurchick: asked ifhe could make one more last statement. Mayor Bradshaw said there can be no more comment. Council Member Yun:hick: said okay. Council Member Grazulis said that she just had one more conunent she would like to make . Mayor Bradshaw said wait, parliamentary procedure. Council Member Grazulis said it is a piggy back: on Ms . Woloayn's commcnll. Mayor Bradshaw said no. Council Member Grazulis requested that we save some of the tbinp lib the foundation rocb and the timbers. Msyor Bradshaw said I think Public Works has apeed to do that. Council Member Wolosyn asked that we mnain mindful of the fact that it ii a centnnial year and lell try to somehow incorporate a memory of that buildiq into that. Council Member Yurchick asked if they need to make an amendment to the motion. COUNCll. MEMBER WOLOSYN MOVED TO AMEND THE MOTION TO INCLUDE BEil ITEMS AND COUNCll. MEMBER GRAZULIS' ITEMS. By consensus, Council approved the motion to amend. Vote results on the motion (as •-nded) to rue the Sbrrltt 801111: Ayes : Council Memben Moore, Garrett, Wolosyn,'Yun:hick:, Gnzulis, Bradshaw Nays : Council Member Nabbolz Motion carried . Mayor Bradshaw said all ri&ht. Ciry Manseer Sears said he just wanted to make sure he lllldallDOd. n. Comcil ... ~ 1111 pn,ceed with the demolition of the property. But we need to do m ctisiri•Mla ofdll aillilll Wllft, especially with any historical areas and then secondly try IO proYidl • lillill oldll lllillcll ... we-, want to preserve in some f'aabion . II that ripe? CouDcil said ,- Ciry Mans11er Sears said that is the way that we will proceed ad we WIU pve c-11 a--. ol .. _ in the next week: or so . Mayor Bradshaw thanked Amsw11 City Manapr Flabaly and Dnc1Dr lat for their pauencc . ....... c E...-MII City CNIICII September J. JN2 Pap25 13 . City Mauser•, Report (1) City Mauser Sean uid be jlllt wanted to remind COUDCil that OD September 11 • we will have a seuion in the IDIXllina and a setlioa at lbe Malley Cenler that evenina - (b) City Mampr Sean uid I know it ii a busy month for Council. I had talked to Stu Fonda about doina a Ranch Creek tour, which I believe ii thil weekend. I don't know who c:aa attend that and I jlllt WIDled to act a cOUDt. Mayor Bradshaw uid some of us have e-mailed back that we could. Council Member Wololyn uid I am going. Mayor Bradshaw ubd who would be going OD lbe Ranch Creek tour thil Saturday. City Mamaer uid tbea there are five that will attend. (c) City Mauger Sean said I will be attending a saaion with Sue Eaton OD laying off, budget isaun and dealing with cut-back management that lbe laaovatiom Group ii putting togelber to -what lbe experieace ii in other COIIIIIIUllitia. So I will be involved with that -ion. (d) City Manager Sear. ,aid the First Annual EagJewood Rotary OolfTOIIIDlmelll is listed on the agenda and I am looking for direction from Council. Mayor Bradlhaw said I thought we agreed to sponsor a foursome . Dido 't we? City Mauser Sean uid I don't think there WIS I decision. Mayor Bradshaw uked Council what Ibey wanted to do. Council Member Woloayn asked about lbe COit of a foursome . Mayor Bradshaw and City Maaqer Sean advised that it ii S6SO .OO. Council Member Wololyn said I would offer that we spomor a hole for S250.00. Council apecd to sponsor a hole at S250.00 . ••••• Mayor Bradshaw noted that Council had a Study Senion at lbe cloae of thil meetina- 14 . City Attorney'• Report City Attorney Brotzman did not have any matten to bring before Council. 15 . Adjournment SHAW MOVED TO ADJOURN. The meeting adjourned at 9:25 p.m. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEll 7 DATE: Sepelmber 11. 2002 UNSCHEDULED VIIITORS IIAY 8PIAK FOR A MAXIMUM OF FNE IIINUTEI aNAMcmiEi...----1:111ADDREiam&:II._ _______ ....J1~ • . 'J"~ PGl .... c ............. ~ ' Supporting Avista, Ltttleton, 1t,,_,. & Porlff' Adventist Hospitals & Porter Hospice September 3, 2002 Ms. Beverly Bradshaw Mayor of Englewood 1000 Englewood Parkway Englewood, CO 80110 RECEIVED SEP -52111 CITY MftNIU:rfSOffiCE ENGlEWOOO. COLORADO Re: Proposal for Involvement-Partnership of um,ton Holpllal Dear Mayor Bradshaw, David Crane, our CEO of Littleton Hospital and Jon Hoehn, EJaallNI Onc1Dr of PorllrCll9 Foundlllon, who represents the hospital's fundraising arm, wil be pn1911dlng I raquest IDr IUPPOf1 on behalf of ht Littleton Hospital Capital Campaign to lhe Englewood Cly Coln:I • .. upcomilg lllllllng on Sepllmber 16. After the September 16 presentation, we would .. ID IIOll ,au 111d ,u Cly CGuncl llllfflblls II 1 breakfast meeting with David Crane, and a m of .. halplWI upcanng •,,p,w• In ht lfflllVIIICY department. The hospital plans to upgrade lie dtlignalian of 11.....,.q dlplrnent ID I Tra1111 II level. This will enable patients to accesa txlllN ....,..ICJ' l'OClffl _.. and medcll PIIIOflal including specialists on a 24 hour, aeveri day per WIik 1. I 111,. Please plan on attending one of the "Prllidtnt'1 8'9lldlll llnl,gl" • l.11111111 Halplta. This meeting wl give you and other community leaders, (who n lllo irMld) .... IPICill •lfamllllll, repdil,g our expanded services, and to have dialogue will ,au mu cu CIDIIIIIUlllr'• g;awll llld lJlleDI Holpltal's plans to meet the community needs . We currently hc1ve two breakfast meetin\}i kl ll8ltct fr...m, so pllaat RS.V.P. for 1he meeting date you would like to attend: Odobtr 2. 2002. 7:~ -9:00 A.M. November 6, 2002 , 7:30 -9:00 A.M . R.S .V.P . to : PorwC.. Foundlllon (313) 711~111. We would greatly appreciall ~ Council's ne lar ht m nt hope lhey wl lean a lot about lhe challenges faced by klday's hospitals in keeping tWJir tm1f9111CY dtpa1mtnls equipped with lhe laast technology, personnel and equipment lo eftedivtly dNI will any evenluallly-including 90ffl8 of lhe twenty-first century requirements of ~ tor violent acts of lllrrorism . The new Trauma II Center ltand 1'1119 tour WlCludts IMt main elllments of the eei... • follows: Our mission IS IO_... ..... -, qf C:.-. ._. ____ Jo, .. ...,_, 111.w., __.,. ...... q/lN /1«111# bl oo,, _...,., .ill West Hampdffl AtfflUt. '\ '°"'*> llJJ IO,Jjj4 '\ .J8, 16UJlll6 "\ Fax .J8,78J-5Jj3 Ms. Beverly Bradshaw Mayor of Engle'M>Od Page Two + Cath Lab <• Angiography Suite + Comprehensive Community Education Center + Neo-natal Intensive Care Unit (NICU) . + Radiology additions to the system Over the last fifteen years, Littleton Hospital has faithfully served the families in the Englewood community. Both in-patient and out-patient visits have increased since the inception of the Littleton Hospital, with extraordinary increases being seen every year. The emergency room alone had over 60,000 patients last year . The improvements required for the Trauma II Center are not a choice at this point in time-they are a necessity . As you well know from your community's witness to the Columbine High School shoolilg, the trauma experienced by all of us is not something we want to be unprepared for in the future. At the time of the tragedy, Littleton Hospital s!J!Ln21 have the Trauma II designation, and was not able to help to treat the young people with severe injuries . Those students had to go to other hospitals in downtown Denver for the higher-level assistance. With Littleton Hospital's new designation to Trauma II, this type of emergency will be handled sooner and closer to home. PROPOSAL FOR YOUR INVOLVEMENT It is our hope that you will consider funding the Littleton Hospital Capital Campaign as a Charter Donor for 2002. We are hopeful that in addition to showing your partnership with the hospital in this crtllcal endeaYor, that your donation will provide the impetus for others to join us. We are 90lic:ltlng fll'lds from the other seven communities receiving service from Littleton Hospital on a regut. basis. To date this year, 7,544 individual visits have been attributed from Englewood residentl. Wen hopeful that your City Council will consider a gift in the amount of $30,000 to "sponao( these vilill and wl oontlnue our partnership for health in the Englewood community. This gift would be earmarked for the campaign and be utilized for the greatest need of the campaign . We know that there are many other ways in wh ich we can collaborate to benefit the citizens of Englewood. We look forward to this opportunity Please give serious consideration to our request. Sincerely, 1::it:~ Chief Development Officer CC : Englewood City Council Members • • OVERYEW Founded In 1981, t'llllllan Mv9fltllt Hoapltal II part of Centura Health, Colorado's largest holpltal system lp()nlOl9d by Ad\Wllllt HNlh Syallm and catholic Health Initiatives. Known for Ila trauma n emergency car., uglcal Pf011*11 and women's aervlcea, Littleton Adventist Hospital la a ful.Nrvlce, ~ 131-bed halpllal locelad on• beautlfuDy landac:aped campus. The hoepltal applies the latest technology lo......, dlligllCIN and treat patients. Aa a faith-baled Institution, the hoapltal allO supports the emolollll and ...,.. needs of patients and their farnlllea. COIIIIUNITY The holplWs prtmary__. ... the fastest growing county in the Unillld Statas, going from 81,411 resldenlll In 1190 lo 111,131 In 1999, and projecllld ID rNCh 201,980 by 2004. It is an upecale suburban .,.. uperte!IClng gn:,wlh In al age categorlea, eapac:lally ages 45 ID 84. EXPANSION To acconmodalB community growth IINda. the hospital began a $38 mlUlon expansion in April 2001. It wll add 130,000 square feet to the exlatlng 210,0QO-square-foot 11rUc:ture, doubling the size of the emergency department, adding 32 hospital beds and two operating raoms, • wal • augmenting the Imaging department Completion of the expansion II ..... far ..ty 2CJOI. SERVICES As a full-service medical facility, Littleton Adventist Hoapllal la known far Ila dlver'N pragra1111 and services : • Trauma and emergency caN -The emergency deper1ment lllwd more tlWI 44,000 people In 2000 . The current capacity wlU double with the expaillian. The expanelorl allo wa bring• ie. II trauma designation to the hospital. • Surgical NMCN -The surgical staff uw leading lilet.l"*IIW tr:> perbm nwty 10,000 Ugicll pracedures a year. • C.nllovucular Nl'Vlcn-lncludes a catdlac dlaglioellcllblllltpadDln apeallc~ cardiac ~ng ID assist in the diagnosis and treatment of cardlllc .....-. • Women's aervlcae -Offers a full range of care for the whole woman. lncludlng Tile.., Aloe, a home-like atmosphere combined with modem tachnology for malhera and .. flffllla The level Ill neonatal Intensive care unit (NICU) equipped ID handle the fflOlt crllclly I IRffllllln or multiple birth infants. • SeniorSelect-Denver's beat club for folks over 50, with claaea, pragrama, prwription discounts, travel and more. HOSPITAL LOCATION Littleton Adventist Hospital 7700 South Broadway Littleton, CO 80122 Main number: 303-730-8900 HealthAdvlsor: 303-m-ssn HOSPITAL MANAGEMENT David Crane, CEO Marie Bailey , RN. MSN , Vice President, Patient Cara Services Dennis Hansen , Vice President , Operations lliai .......... To extend th, h11/ing ministry of Christ by c ,ring for thos, who "' ill and by nurturing th, h11/th of the p,op/1 in our communities. ' .. • • sa,ppor11,. Ar1U111, Lin/non, ,.,,_,. 6 Port..- Adwnttst Ha.plum .s Porlff Ho,ptu September 3, 2002 Ms. Beverly Bradshaw Mayor of Englewood 1000 Englewood Parkway Englewood, co 80110 Re : Prgpopl for lnvolvtmlnt -Par1nlrlhjp of L1tt11ton Holpbl Dear Mayor Bradshaw, David Crane, our CEO of Littleton Hospital and Jon Hoehn, Executive Dndor of PorllrCart Foundallon, who represents the hospital's fundralsing arm, win be presenting a request for support on behalf of the Littleton Hospital Capital Campaign to the Englewood City Council at the upcoming meeting on Sepfamber 16. After the September 16 presentation, we would like to host you and your City Council members at a breakfast meeting with David Crane, and a tour of the hospital's upcoming lmplOveman1s In lhe emergency department. The hospital plans to upgrade lhe designation of its emergency depar1ment lo a Trauma II level. This will enable patients to accesa extensive eme,gency room services and medk:al pnonal inc:ludilg specialists on a 24 hour, S8\'9n day per week availability. Please plan on attending one of lhe "President's Breakfast Meetings" at Utllelan Hosplla. This maellng wil give you and other ccmmunily leaders, (who n also invitad) some special inbmalion reg;nrig our expanded services, and to have cillogue with you about our community's growl! and LillletDn Holpilll's plans lo meet the community needs. We cumtntly have two breakfast meetings to select from, so please R.S.V.P . forlhe maellng date you would tike to attend : October 2, 2002, 7:30 -9:00 A.M . November 6, 2002, 7:30 -9:00 A.M. R.S.V.P . to: PorterCart Foundation (303) 711.0188. We would greatly appreciate your Council's Ume for lhe tour lVld hope they will learn a lot about the challenges faced by today's hospitals in keeping their emergency depar1menls ~ with lhe laNt technology . personnel and equipment to effectively dell with any eventudty -incbllng IOfflll d the twenty-first century requirements of 11adiness for violent actl of 18rrorism. The new Trauma II Center featured in lhe tour includes five main elements of Ill Center• tallowa: O..r-lllO.-ndtlMbftlllnf""IN>U7u/Cbrul..,,Ull1•Jor._.,._tlltMtlliJ_...,. ....... rif .. ,.._•-QII ••- .ill IAlst Hampd,n Al'fflW. Seu# 620 '\ ~ c.olo,rMQ M)J J0-2334 "\ .JB,161~186 '\ 11mr .J8.'111·51JJ • t • • / I Ms . Beverly Bradshaw Mayor of Englewood Page Two + Cath Lab <• Angiography Suite + Comprehensive Community 'Education Center + Neo-natal lnllnSive Care Unit (NICU) + Radiaklgy additions to lhe system Over the last fifteen years, Llt1letan Hoepltal has fa1hfuly s.ved the flrnies in the Englewood CCll'IIIIVlily. Bolh in-patient and out-patient visits have incntased since the inceptian cl the Lilllaal Holpila, wlltl extraordinary increases being seen MKY yell. The emergeiicy room alone had over 60,000 pallents last yes. The improvements required for the Trauma II Cenllr are not a choice at this point in lime -they n a necessity. As you wel ~.now from your community's witness ID the Columbine High Sc:hoal lhaollng, the trauma experienced by all of us is not someltring we want to be unpl9pll9d for in the fulurt. Al the time of the tragedy , Utlleton Hospital lild.J!g1 have the Trauma II designation, and was not able ID help to treat the young people with SMRt injuries. Thole l1uden1a had ID go ID olhar hospilals in downmwn Denver for the higher-level assistance. Whh UIIIHln HolplWs new dellgnallon IO Trauma II, this type of emergency wiU be handled sooner and cloNr IO home. PROPOSAL FOR YOUR INYQLYEMENT It is our hope that you will consider funding the Litlll4on Hospital Capital Campaign • a Chnr Donor for 2002 . We ant hopeful that In addition to showing your partnership with the hospilal in 1h11 c:rlllcll llldll¥or, that your donation will provide the impetus far others to join us. We n lOliciling funds fmm the ollll' seven communities rlClivlng service from LltllelDn Hoepital on a l'lglllar bllil. To date this year, 7.544 individual visits have blen alllblllld from Eligllwaad l'lllidlnls. Wen hopllll that your City Cooocil will consider I gift In 1w 8fflOlllt of $30,000 ID "tpCIIW 1w *Ill nl wl canhe our partnership for heal1h in the Englewood community . Thia gift MUd be tarmar1l8d b the C1ffM1 and be utilized for the grealest need of the canpaign . We know that there are many other ways in which we C3l collabcra1e ID benefit the citizens of Englewood. We look forward to th is opportunity . Please give serious cons ideration lo our request. Sincerely, i:!_':!.~ ChiefDevetopmentOfficer CC : Englewood City Cound Members CITY OF ENGLEWOOD Request for Fvndtng Aid to Other AgellCies OrganizationName Littleton Adventist Hospital Contact C/0 Joan L. Mason, CFllE, PorterCare Foundation Address 333 ff, RfFldap AYI,, Suit• 620. Entlllff!Od, CA 8QJ1Q Phone (303} 761-0186 Ducription of services provided by your organization: Comprehenaive health care for communities in the south corridor of Denver. Offering a full compliment of services from Emergency room, W0111an'a health to all aspects of health care, Littleton Adventist Hospital has realized in order to meet the incredible arovth needs of the south corridor of Denver, that the current exp&1111on la critically needed. (See attached} Pleue complete the following queatiou. Amount of~ zequested for 2003: _ __...S""3oa.:'""'o ... oo""------------- How many Englewood residents will your orgamzation aerve m 2003? (eat.) 10,500 What is the avwage coat per penon? _N_I_A _________________ _ If awarded, how would thil fanding be utilad? We would ururk the 11ft from Englewood for emergency services for the Tra\181 II c,uc•t In order to continue to meet the ever-increasing ne ed for our ER services, we are upgrading our Emergencv Department services to a Level II. Your 11ft will help this effort greatly. From what other sources did you J:9Cetv. financial uaiatance m Z003? 2002? 1. Please find our attached list of 2002 donors. 2. 3. 4 . Would you be willing to receive umtance in the form of in kind or equipment donations? If so, pleue list equipment or supplies that would be meflll to you: The alternative to c .. h would be to have your Council purchaae an Audio Viaual syst-for th• Cop,rth•PdYI 14vs•tf,gpal C1Dt•r, Are thee other orgudzatiom in the commmdty that provide the same aerrices u yoms? If ao, pleue list tum: Littletou Hoapital ia the only provider of full-aervice health care, includin& emergency aervicea South of llaapden Avenue • . If you haw fllrtber informatimL you fH1 miqht uaiat us with om dKision, pleue include it OD a separate lhMt. In addition to this completed application, it would be helpflll for you to provide us with a copy of your most recent budget document, mcmdmg NftD1IM and upenditmes. ~~ JoanL~cnE Chief Development Officer. PorterCare Foundation Pleuepzim ...... ad tide Return completed foml by Mcmday, October ZI, 2003 to: Sue Culton Bradah&w City MulalJc'• omc. City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 If you have any queatiom about the application procea. pleue feel free to call tbe Cilf Mampr'• Office at 303-782-2311. - Cutting Edge Trauma II Center The LlttlL-tun ,ununuiut~ h,t) h.kt 1n.1n~· ddining mumcnb in ib nch lu:o.t,vv .,t lht..• ln,,t ,,t ttw Rnckv Mountain,-Fnlfn tht.• ~,,1,1 ru~ in 1S~'J which bn1~1,;ht the Ml1"tl's first s.."ttk.'f"S tu gaining., pt.1"111.tncnt ,l-...1nty 314.'lll in the t'JO.t d1."Ction , thi s hd) bl,,, .a n11nmunatv 1ty1 hA:ro mt1 i~ .:ruwth chAll,•n,:,-s. It I') ,1 n'fn11111nity wfll.'f\• 1,1m1l i,"":> h.1\1..· ~nlL,1 d,•\\ n h1 "J)t.·1ld th-.1r lh1.~. In 1"'-"AJ, !l'k ·n· \1,·n· ,,nh· .H' l'''J•h · II\ rn >,: m L1ttld,,n . 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Ill.Ill IDID ,_ ·-, . ., ,..., ORA -- PROCLAMATION WHEREAS, the vitality of our nation depends on how safe we keep our homes, neighborhoods, and communities, because crime and fear diminish the quality of life for all; and WHEREAS, people of all ages must be made aware of what they can do to protect themselves, their families, neighborhoods , and workplaces from being harmed by violence, drugs and other crime ; and WHEREAS , the personal injury, financial loss, and community deterioration resulting from crime are intolerable and need to be addressed by the whole community; and WHEREAS, effective crime prevention programs excel because of partnenhips among law enforcement, other government agencies , civic groups, school.a, and individual.a aa they help to rebuild a sense of communal responsibility and shared pride; and WHEREAS, crime prevention initiatives are more than self-protection and security, they also promote positive alternatives to delinquency and drugs amonr young people and emphasize the power of youth to better communities; NOW THEREFORE, I , Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado, hereby proclaim the month ofOa&ol.r IOOI u: CIUIIB PRBVBNTION IIONTB in the City of Englewood a nd call upon all citizens, rovernmental apm:iea, public and private i nstitutions, a nd businesses to increase their participation in our community's prevention efforta and therepy promote good citizenship. GIVEN under my hand a nd seal this 16'~ day of September, 2002. Beverly J . Bradshaw , Mayor ' '. • • -.,. ... • PROCLAMATION WHEREAS, the vitality of our nation depends on how safe we keep our homes , neighborhoods, and communities, because crime and fear diminiah the quality of life for all; and WHEREAS, people of all ages must be made aware of what they can do to protect themselves, their families , neighborhoods , and workplaces from being harmed by violence, drugs and other crime; and WHEREAS, the personal injury, financial loss, and community deterioration resulting from cnme are intolerable and need to be addreased by the whole community; and WHEREAS . effective crime prevention programs excel becauae of partnerships among law enforcement, other government agencies , civic groups, schoola, and individuals as they help to rebuild a sense of communal responsibility and shared pride; and WHEREAS , crime prevention initiatives are more than self-protection and security, they also promote positive alternatives to delinquency and drup among young people and emphasize the power of youth to bette.r communities; NOW THEREFORE. I. Beverly J . Bradshaw, Mayor of the City of Englewood, Colorado, hereby proclaim the month of October 2002 as: CRIME PREVENTION MONTH in the City of Englew~ a nd call upon all citizens, 110Y9mmental apncin, public and · pnvate institutions . a nd buaine88ea to increase tbeir participation in our community"s preve ntion e fforts and thereby promote good citizemhip. GIVEN under my ha nd a nd seal t h ia 16 .. day of September, 2002 . ' ... ..• • • PROCLAMATION WHEREAS, fire kills 3,500 to 4,000 people in the United Statea each year and 80% to 85% of all fire deaths occur in the home; and WHEREAS, taking simple safety precautiona, auch u identifyins and removing everyday home fire bazarda, can help prevent the majority of home fire and home fire deaths; and WHEREAS, proper installation, te1ti.q and maintenance of 1mob alarm, liated by qualified teating laboratorie1 are part of a ayatem of&n protec:tion; and WHEREAS, developing a home Sn e-s,e plan, with two waya out of each room and an outlide meetinr place, and prac:tic:ina it twice a year with eftl'J member of the houaehold. are critical to eK&PUIJ a fire 1afely; and WHEREAS. the nonprofit NFPA (National Fin Protection Auociat;im) hu been the official apomor of Fire Prevention Week for 80 yean, and the 2'I02 Fire Prn.ntion Week th.me, '"l'eam Up for Fire Safety'" motivatn c:hildren and familiN to work topthar to conduct a home huard hunt, develop and practice a home fire eKape plan, and iDltall and t.Nt amob alarm,; and WHEREAS, NFPA dedicatea -r'eam Up for Fin Saflt1" to the hundncla alfirefipten who ao valiantly pve their livn to uve othen in 2001, Mpecielly GD September 11; and WHEREAS, the Sn aervice of Eaclewoocl ie cmamittlld to the .._ al lilt and praperty &om the devutatins effecte of Sn; and WHEREAS, the memben of the Sn aenice en joimd by Giber ODDC1mN cmaem of Englewood, u well u other emerpncy aenicl proriden and~ adwca&N, b!wir 1111, ac:boola, Mrvice cluba, and orpniaationa in their lire IIMJ .aan,; NOW THEREFORE, I. Beverq ~- hereby proclaim the week ofO: I IN • , which commemorate, the sreat Chicaeo Fire of 1871, which killed IIO ,--. left 100,000 homeleu and de1troyed more than 17,400 buildinp and l8ffN u th. IDOU'fatinc force to briq the people of En1lewood , Colorado topther to build a ealer comaunity. I call upon the people of Enslewood to '"l'e-Up far Fire Saltt,J" by panicipatinc in fire prevention activitiea at home, work and acbool, and tfkins the nepe DNdN to mab dieir bamee and familin aafe &om fire . GIVEN under my band and eeal thia 16th day of Sepllllllber, IDOi. PROCLAMATION WHEREAS. fire killa 3,500 to 4,000 people in the United States each year and 80% to 85% of all fire deaths occur in the home; and WHEREAS, taking simple safety precautiona, such aa identifying and removing everyday home fire hazards, can help prevent the majority of home fire and home fire deaths; and WHEREAS. proper installation, teating and maintenance of smoke alarma liated by qualified testing laboratories are part of a system of fin protection; and WHEREAS. developing a home fin eac:ape plan, with two waya out of each room and an outside meeting place, and practicing it twice a year with every member of the hoUNhold, are critical to eacaping a fire safely; and WHEREAS, the nonprofit NFPA (National Fire Protection Aaeociation) bu been the official aponaor of Fire Prevention Week for 80 yean, and the 2002 Fire Prevwntion Weelr. theme, "Team Up for Fire Safety"' motivates children and familiee to work topther to conduct a home huard hunt, develop and practice a home fin e-pe plan, and install and teat smoke alarms ; and WHEREAS. NFPA dedicates "Team Up for Fire Safety" to the hundreds offirefishten who ao valiantly gave their livea to save othen in 2001, NpeCially on September 11; and WHEREAS, the fire aervice of Enclewoocl ia coauaitt.ed to the eafety of life and property &om the devastating effec:ta of fire; and WHEREAS. the memben of the fin aervice an joimcl hy other concerned citiana of Englewood., aa well aa other emerpnc:y service providen and aafety advocates, buaine-. schools, aervice clube, and organizations in their fin uftty efforta; NOW THEREFORE, I , Beverly J . Bradshaw, Mayor of the City ofEnclewoocl, Colorado. hereby proclaim the week of October Ith tbroup llda. lOOI u : FIRE PllEVBN'nON WBBK which commemorates the great Chicago Fire of 1871, which kil1ecl 260 penona, left 100,000 home leaa and destroyed more than 17 ,400 buildinp and ael'V811 u the motivating force to bring the people of Englewood.. Colorado together to build a aam community. I call upon the people of Englewood. to "Team Up for Fire Safety" by participating in fire prevention activities at home. work and ac hool and takiq the atepe needed to make their homes and families safe &om fire . GJVEN...,,,myhaod,od w ,l<hi, ~ ·• ' • • 8c ~~ PROCLAMATION . ~ ~ WHEREAS, alcohol and other drug abuse bu been identified u one of the greatest threats to the future or our Nation, and the 15-24 year old age group ia d)'in& at a f'aater rate than any other age group; and WHEREAS, it ia imperative that visible, unified prevention education efforta by community members be launched to reduce the demand Cor drup; and WHEREAS, the Colorado Federation or Parente Cor Drue Free Youth and the City or Eqlewood Department or Saf'ety Service, are aponaoriq the national Red Ribbon Campaicn offermc c:itizena the opportunity to demonatrate their commitment to drug fne lifeetylea; and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week"; and WHEREAS, buaineaa, government, law eimm:ement, ec:hoola, reJicioua inatitutiona, eervice organizations, youth, phyaiciana, aenior cimena, military, aporta teama, and individuala will demonatrate their commitment to drug-free, healthy lireatylea by wearing and diaplaying red ribbona during thia week-long campaip; and WHEREAS, the City of En&lewood, Colorado further commita ita INO\l1'CIIIII to enaure the aucceaa of the Red Ribbon Campaip; NOW THEREFORE. I, Bevu hereby proclaim the week UDUIIIONWJla and encourap the cimena of En&Iewoocl to participate in drug pnwntion education activitiea, malting a viaible atatement that we are moqly committed to a clruf-free community. Be it further reaolved, that the Enclewood City Council of tbe City of Eqlewood encourapa all citizena to pledp; DRUG FJlD AND PROUD. GIVEN under my hand and aeal thia 16-day of September, Z002 . ~~ PROCLAMATION ~ :,ii, WHEREAS, alcohol and other drug abuae bu been identified u one of the snateet threats to the future of our Nation, and the 15-24 year old ap poup ia dying at a Cuter rate than any other age group; and WHEREAS, it ia imperative that visible, unified prevention education efrorta by community memben be launched to reduce the demand for drup; and WHEREAS, the Colorado Federation of Parente for Drur Free Youth and the City of Englewood Department of Safety Services are aponaoriq the national Red Ribbon Campaip o&riq citizena the opportunity to demonatrate their commitment to druc he lifntylea; and WHEREAS, the National Red Ribbon Campaign will be celebrated in eYery community in America during "Red Ribbon Week"; and WHEREAS, buaineaa, government, law enforcement, ac:hoola, relipoua institutions, service organizations, youth. physicians, senior citimna, military, lporte teama, and individuals will demonstrate their commitment to drug-he, healthy liflletyles by weariq and diaplaying red ribbona during thia week-long campaip; and WHEREAS, the City of Englewood, Colorado further commit& ite __.. to enaun the auc:ceaa of the Red Ribbon Campaip; NOW THEREFORE, I, Beverly J . Bradahaw, Mayor of the City of EncJe,rood, Colorado, hereby proclaim the week of October IO* throu1b Oc&oi,er 11th, IOOI u: RED RIBBON WBBK and encourage the citimns of Englewood to participate an drug prevmtion education activities, making a visible etat.ement that we are 1tronsfy committed to a clrut-he community. Be it further re90lved, that the Englewood City Council of the City of Englewood encourages all citizens to pledge; DRUG FREE AND PROUD. GIVEN under my hand a nd seal thia 16 .. day of September, 2002. September 1, 2002 Dear Enpwood ay Couacil, 8ecaUle we haw mowd out ofEnpwood to our dream home in the c:c,udly, I IDlll resip my position OD tbe Liquor Licensina Authority. I wiD truly mils tbe wonderfid people I was able to work wilb durina tbe )WIS dlll I IClwd OD tbe AUlborily al app:ecii&e bavinl bid the opportunity to do IO. My bat wilbea to all oftbe endam>n the City deala wilb al our tinily will colllinue to ramin ill dole comet wilb 111111)' ofils timctiom. RECEIVED SEP 112002 CIT\' IVW~Ut-HC~ eNG!fWOOO COLO~AOO City of Engl.wood DATE: September 18, 2002 Te ............... ... ., • ., ..... , •.. 1, .. ,111 -·-·· l PLEASE PRINT NAME ADDRESS ...._ Elpll ...... Debt Senlce Funds Debt SeMce Funds IICCO(ff for Ilse lCCIIIIUllflon .., ,,.,,,._ of bond principlll nl mrest other,,,.. /ong4llms deb/ 8CCOUl'll8d fOf In 1111 enlBtptise Of lnlemlll $8MQI flnll General Obligation Bond Fund $ 482,000 $ P0#37 -Yale $ 3,253 $ Concrele Replacement Distrid 1995 $ 5,711 $ P0#38 $ 75,579 $ PD # 35 -Navajo $ 38,340 $ Speci11 ~Ill Funds Special ReMH1ue Fundl IICCOlff for lpeailc-ltsal n legally mslric:1ed to erpendlure for petllcular IJCll)OS8S. 358,625 3,523 4,300 81 ,500 30,600 Conservalion Trust Fund $ 315,640 $ 320,000 Commefcial Revolving llBI Fund $ 11,000 $ 25,700 Community Developmenl Fund $ 150,000 $ 150,000 Donors Fund $ 144,500 $ 1411,400 Cap#al ~ Fwsds ecausl for ... aa,uilllali nl c:anlMIClals of ma;o, facilities o/her than,_ had by,,,.,,,,.,., .... .., trust funds . Pullfic Improvement Fund Capital Projects Fund Joint Venturw $ 2,752,()19 $ 2,251 ,600 $ 90,000 $ Joint Ventures a,e sep818te /eg8I anlilies in which jjiWiif6ifs pe,- ticipBte in 8 sep8f8te and specific aclNi/y for ftie belllll ri ... f1"* Of SBMCe ,ecipien/s and in llfhich the ~ ,._, ongai1g financial inlnsls. Littleton/Englewood Wastewaler Treament Plant Fund $ 16,629,554 $ 18,892,013 ...._ e, ... • """""Snee Fundl ecausl for ........ rigaodl "' ..... ptllltidedbyone...,.._,or1g11.c,1Drllr.r....,_. or...- """ .,.,..,__, nl lo dlt# pem,...,., ins. one COIi ,.,,.__ bet/a. Senlcenler Fund $ 1,504,556 s 1,875,292 Capilll Equip RepaaseC Fund s 881 ,749 S 880,1211 Cenlral Snces Fund s 370,500 S 333,1154 Rillt Mlnlgemall Fund s 893,000 s 1, 1111, 1114 e,.... Benell Fund s 4,471,120 S 4,5211,1911 E,llllplile Funds eocan for..,.......,..,"'*'*" ii• _.._,.,pnlllle ..... ...,... W. Fllld $ 5,585,179 S S.. Ftnl S 7,474,800 S Slams Ollinlgl Ftllld S 349,0IIO S Gal Cant Ftllld $ 2,05Z,OIIO s Cclnalll U., Ftlld S 541,2111 S 715,B Hau111tp A t 25 a+ F1nl S 1,Gl2JIOO I 1,Gl2JIOO Tise Fllklety Fvndl ClOlllilt rillulf .._ 111d ..-, lllats. Tut Fwsds n us,d ID ecausl for ... lseld ,,, .. Cly ii e ._ capecly. Agn;y ...... """' lo-,., for ... ,..,,,,,, ... C#y. Ifft for IIIIMMls. pnlllle ..................... .. IIIIIMwdlr.r ..... MllarClntlrTIUIIFund I Pab I,..._ TIUII Ftnl I Spedll--.C SIIIM I Dllcifty Fund I 1S.000 S 14,1111) S • • • . , .. ""' . \, 2003 Budget Summary City of Englewood • Prope11y Tax Spec*= OMlenhlp T • Sales & Use T- c.g..-1. Franchise Fees lanses ' Pwl!lls 2003 GENERAL FUND REVENUES 2,450,000 Fina & falllu9 Je0,000 Cllllgll lar Snra 23,796 ,706 lnllaal 625,000 AIIIIIIIDa DQga,alll Ta . .....,..,_ ............... •11•ocw-·----- DFIMe a FCllllluw aa.g.a ..... I:=. aMee n w&Olllf _ 1.IIIUIO 2.10U21 --1.3112.415 1.190,t!IO Met r =•'°'* 121,1CID -~ ~-go,181·-ai '---1,41UM Taal..._ I .... ,. ... 2003 GENERAL FUND EXPENDITURES ........... aQlwNltanr,J DCllut DCl!r ...... ......... Ma .......... Tedi 14,r, afl\Mc:Wana a~ aSllaly&wm aCaMlunly o... Dllnry aAlcnallan 411.tn Nia:Wllllm ,...,, ...,Snra 4,122.374 1U35,291 1,tl0,521 1.211.221 4,671 ,443 1,no,a7 IQ.111 0--, DMD$ I 111,JUJ Lllally -.1112 ....... I.IQ.MINI.._ un.•~ , .. ,u ... --• ll,IM,ll4 ' , • STATS 0, COLCIIADO COUNn' °" AIWWtOI • l,,,_L ...... ,clD......__ ... ,_ ......... " .. ................ 11111 lllt .. -la a......, A 11111* ....... lnlwclJol ....... lnll&CGullly oft 4A11.-alC1111N1t.w•a ............... -ttld ....... per ....... pulllllllll -..... ...... I 7 I;; lnltlll C-., IIAllplllN IDrap...sal-tlWlll_...p,lorlD ............... " .. .._._. ........ 4,,, ....... 111 ...... oao. al UIIIIIII, ces.... ...... a-................... ....... perlaa M C J .._twaw*'loflw .. -........ ,-.-,o1 ........ c.ltlaa. apslllMd --30, ,-. ... ...... 9UIII ...... ... ........ .................. . .. _.. ........... ol ..... ..... _._,...._. .... ...., ... ... ..... o1 ........... -.... .... Oll .. _ _,a1 .... --.11r ........ al L_,,._,,,..._.... .......... p ti: randlllllnala_ln .. ._.., . ._._ ... _ . ..._ ~ -,aNllla,yNISo.lw/,3-, al,~- BY AUTHORI'n' COUNCIL BILL NO. 44 INTRODUCED BY COUNCll. MEMBER WOLOSYN Mlm:DDWQ4l'l'IOYDIGAJODIT UII ~JQ&--m'l·.1Wft111 f RIGHT-OF-WAY WITH THE COLORADO DEP~t°~lflflON ~~~~~Dffif.t:mr• COLORADO. WHEREAS, the Colorado Department or Tramportation (CDOT) submitted a Joint Uee A,nement for bipway improvementa near the City Ditch aJons Santa Fe from County Line Road t.o Prince Street in Littleton for wideninf and allowiDs eeparaUJII mediam and additional Janee for traffic eafety; and WHEREAS, the Joint Uee Agreement will allow the areu wmre the City Ditch rifht.o£-way overlape with the former hichway ript-ol-way and _. poniona or the City Ditch right.or-way overlap with the new hichway richt-of•way; WHEREAS, the Eqlewood Water and Sewer Boud _....,,..... app-1ofthe City Ditch Joint Uee Asnement with the Colorado D.partment of TraDlponatian at their A111U11t 13, 2002 meetiq; and NOW, THEREFORE, BE IT ORDAINED BY THE Cl'l'Y COUNCIL OF THE Cl'l'Y OF ENGLEWOOD, COLORADO, AS FOLLOWS: Stst;icm l. That the Joint u .. Apwment ror the City DitlCb '*-the Qty of Eqlewoocl, Colorado, and the Colorado Department ofTrampanatiaa far bipway improvementa alons the City Ditch alone Santa Pe Drive from County Lim Road to Prince Street be approved. Introduced, read in full. and paaeed on firat readiq OD the 3rd day of Septiember, 2002. Publiahed aa a Bill for an Ordinance on the P day of September, 2002. Read by title and p-«l on final readinc OD the 16th day of September, 2002. Publiahed by title u Ordinance No.___. Seriee of IOOI. GD the IOtb day of September, 2002. -1- JOINT USE AGREEMENT This Agreement is cntm:t.1 into this __ day of . 200 _. by and~ die ST A TE OF COLORA[)( > for the use and benefit of the DEPARTMENT OF TRANSPORTATION. hereinafter referred 10 as "CD• rr. ·• whose atl!iress is 420 I East Arlcansas. Denver. Colorado 80222 and THE crrr OF ENGLEWOOD, COLORADO. ho:reinalter relemd to as the "Ciry," whose address is 1000 Englewood P:utway, Englewood. Colorado 80110. WHEREAS. required approval. cle:ir.mce 311d coordination ha been accomplished lium and with appropriate agencies; and WHEREAS. the: City is the owner of certain real properly descn'bed as :he City Ditch Ri&fit of Way lodlled in Mlpllhoe and Oouglas Counties. Colorado and is henimftllr m'and 10 a die "City Dilda R.0.W .• " which is ill11S11'lftd on Exhibit A; and WHEREAS, COOT. Arapahoe County :ind the City of Littleton-Ille o.._., ofc:enain real properly which is pan of the Right-of-Way for State Highway SS localed in lbe City ofLillle1Dn. Colorado and is hereinafter referred to as the "Fonner Highway R.0. W." The warem boundary oftbe Former Highway R.O. W. is illusmued on Exhibit A; and WHEREAS. COOT l1fflls to acquire additional right of way for the COIISlnldioa ofimprovemems planned for Stale Highway IS on CD<H Project No. NH OISJ-031 ("COOT Projecl"). Such addltimal Right-of-Way is hen:in:ill<.-r rcfcm:d to as "New Highway R.0.W .... and is illuslnlad oa Exhibic A. It is imponant to note thal the COOT Pn1jcct will be consaucted within the Fonner R.O . W. in seven! places, i.e. no new right of way will he retiuircd in such loc:llions: :ind WHERE,\S. both parties a!!fee that certain are:is of the abovNiacribed Riglm-of-Way overlap in two ways. Some portions nf the City Ditch R.0 . W. overlap with the Fonner Hipway R.O. W. ad - porrionsoftheCiryDirch R.O .W. overlap with the New Hipway R.O.W . n.-of~lllall hereinafter be referred to :is tilt! .. Subject Property." The Subject Property is illulaald OIi £xlullil A and the le-,;:il descripcion for the Suhje<.'I l'ropcny is set forth on Ellllibil B: and WHEREAS. prior tu tho: COOT Projet:t. the City Dilc:h WIii ;in open channel Illar received S1Dr111 nmotf. However, some portium 111' tho: Ciry Ditch hllve been piped and addltioaal ponioa1 ofda Cily Ditch will be pipcJ by the: l'roj<.-ct. Ille pipcJ pmlions will noc receive such hilloric ,-f[ Aa:ordin&IY, it will be necessary to cn::atc: Jr.iinai.c systems for such hisroric: ,-,r. COOT will c:omnuct draimp systems for such runulfas part ufthc C[)()T Project and such oniMp sytam wtll mm daCily Dildl • cem111 IOC31iuns ("Storm Or.ain Cro,csing Stru&.'l\ln':S'l; Jlld WHEREAS . .a lic,-nse Imm the Ciry :illowin1 c[)Q'(',o consauct, me :md maincain the Slonn Drain Crossing Structures ~hall he in.:luJo:J in this Ape,:mcnr. n. loc:llion ofdle Slonn Dnia Cn,ain1 Sttucrures is illuslr.llN on fahibit i\ .and the lqal Jescnplions dlfinins such loc:aioas .. • fonb in E.'Ul ibit C . .ind WHEREAS. the improv.:mcnts to he consltUc:led ~ 10 die COOT Proj«t. widl pn,jec:t lim its from .appmximai.:ly Church :\vcnu.:. in Linlcton . to C..&70. includin& the SIDml dnin c:rwsin& struc:l\lrCS JescribcJ :ibovo: . .an: shown un the: linal cn1innrins plw iJad Jw 27. 2002. CCJMilliDK of337 1)8!1.:S ( .. Desip Plans"). whi.:h ,uch Jnwinp shllll be Jaipall\i as Exllibit Dad all be ...-ically incorpor.llN herein upon cumpldion an.I :lflP'OVlll by the City. lftblft is a COIIRICI .-dl9 Daip Pl.ans and thi s Agrttmcnt. thi s .\grccm,mt shall suptteo:Je E.d11b11 D. WHER F,\S. coor .anJ the City ~,re 10 ¥ft u,on ,-enaia responsibilities ofeKll l*IJI widl rqi:ird 10 th,: JOint us,:"' the SuhJC:.:I rrop,my : :ilk.I WHERF./\S. this \IJf\.'CfflenC is o::occcuted by COOT ...... audlorily ors.ca-•J-1-106 ad 0-2- 144 . C R.S .ind 1w t~· c;" unJ,,r 1t• ,~1fic mun..:ipal ;JU!huri~ as ,rvidenced by a City ordiamce. • t .. • • G - -· - CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMEfJ TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. ) I · BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBD WOLOSYN .... ..naoYDIOAJODITUIIIMIIIHai'f .. tB~ -' RIGHT-OF-WAY WITH THE COLORADO DBPA&'i'MBNT 01 'l'UNBPo ~'rtON IC>IIIIGBW4T~ALONG'IB~ ffllllli&t.11419 l)RIVE PROM COUNT!' I.nm ROAD TO PRINCE . nt , . COLORADO. WHEREAS, the Colorado Department of Tramportation (CDO'l') IUbmiUed a .Joint UN Agreement b-bipway impnmnnenta near the City Ditch um, Sama Fe from County Line Road to Prince Street in Littleton for widel!UII and a11owiJ11 eeparaQJII mediam and additional WIN for traflic eaf'ety; and WHEREAS, the Joint U• Acreement will allow the anu wbne the City Ditch right-of-way overlape with the b-mer hishway ript-ol-way and ecme portiom al the City Ditch right-of-way overlap with the new hishway ript-ol-way; WHEREAS, the Bqlewood Water and Sewer Boucl ncommeadad appzvval al the City Ditch Joint u. Apeement with tbe Colorado Depanment alTNDlportatian at their Aucuat 13, 2002 meetinl; and NOW, THBRBFORB. BE IT ORDAINED BY THB CITY COUNCIL or TBB CITY or ENGLEWOOD, COLORADO, AS FOLLOWS: Sectioo 1. That the .Joint u. Acreement tbr the City Ditich between &be City al Englewood, Colorado, and the Colorado Department al TramportatiaD far bipway im.provemente aloq the City Ditch alone Santa re Dme from Coaaty Lim Road 1IO Prince Street be approved. Introduced, read in full, and pueed on mat readiq on the 3rd day al September, 2002 . Publiahed u a Bill for an Ordinance on the P day of September, IOOI. Read by title and pueed on final readiq on the 16th day al September, IOOI. Publiahed by title u Ordinance No.____. Seriee ol lOOI, an tm IOth day ol September, 2002. -1- A'ITEST: Loucriabia A. lllia, City Clerk I, Loucriabia A. BDil. City Clerk ahhe City afEapewood. Colcndo,--, cmt:ily that the aboff and lntaiDI ii a true copy af the OrdiDaDca pUlld CD tinal nadina and publilhed by ti~ u OrdiDaDca No. __, SeriN of 200Z. -2- JOINT USE AGREEMENT This Agreement is ~"lllerc:d in10 lhis __ llay of • 200 _. by and between lbe ST A TE OF COLOR AOC> tor the use and benefit of the DEPARTMENT OF TRANSPORTATION. hereinafter referred 10 as "C()C >T.·· whose audress is 420 I East Arbnsas. Denver. Colorado 80222 and THE CITY OF ENGLEWOOD, COLORADO. hereinalter retermf to as the "Ciry," whose address is 1000 Englewood P:in:way. Englewood. Colorado 80110. WHEREAS. required approval. clearance and coordinarion has been accomplished ltom aad witb appropriate agencies; and WHEREAS. the City is 1he owner of certain real propeny descnbed a die City Ditch Ripr of W;ay loc:md in A1111*N* and Douglas Coun1ies, Cokndo :ind is bereiaaftllr n:femd to a lbe "City Dilda R.O.W .• " which is illusnted on Exhibit A; and WHEREAS. COOT, Arapahoe County mid the City of Littleton ;n die owners ofccnain real property which is part of1he Rigllt-of-Way for State Higllway SS localed iD the City ofLilllelaa. Colondo and is hereinafter referred 10 as die ~Fonner Highway R.O. W." The wes11m boundary oflbe Fonner Highway R.0.W. is illUSlr.llcd on Exhibit A; ak1 WHEREAS. COOT needs 10 acquire additioftal ript of way forthecoilSlnlaion ofimprofflllllllS planned for State Highway 15 on COOT Project No. NH OISJ--031 ("COOT Projecl"). Such addilioaal Rigll1-of-Way is hereinallcr refcm:d 10 as "New Highway R.0.W .• " and is illll!lnled oa Exhibit A. It is imponant 10 ooce 1hat the COOT Pn1jcc1 will be constructed within the Former R.0. W. in sewn! places, i.~. no new right of way will be required in such loc::ltions; .ind WHEREAS. both parties illf'CC thal c:enain :iras ofdle *"e-de.saibiid IUpla-of-Way ovatap iD two ways. Sume portions oflhe City Ditch R.0. W. overlap with the Fonm Hipway R.O. W. llld- portions of the City Ditch R.O. W. uverlap with Ille New Hipway R.O. W. 11ie ._ of-'ap -0 hereinafter be relffled 10 as lhc --Sul>jcct Propn1y." The Subject Property is ii._.. OIi Ellhillil A 111d die legal description tor 1hc Subject l'n>pcny is se1 fonh on Ellilibil B: ad WHEREAS. prior 10 1he COOT Project. 1he Ciry Ditch wa :m open~ dill receiwd S1Dr111 runolf. H-. -p,wti<NIS 11f 1hc Ciry Ditch hDve been pipad ad addilionll pan;-ofdle Cily Ditch will be piped by the Pnlj,."\:t . Ille piped portions will not r.eive sudl hilrGric nDJff. ~. ii will be necessary 10 .:re:ite Jram;ave systems ror such historic ninotf. COOT wiD c:aamuct dr....- SJ15'CIIIS ror such nano1T as pun of the COOT Project and such JniDap ~ 1'iJI c:ra1 die Cit)' Dilr:II • cenain locarions ("Storm Or.ain Crossing Stna.-nares 1 : :ind WHEREAS . a lic~-nse lrom lhe Ciry allowing CD0' 1 onstrUCt. 1M 311d ....... th9 Slorm Dr:lin Crossing S1r111:1un:s ,hall he in.:luJcJ in this Agm:menL fhe loc:irion oflbe Slorm Dnill Cl'Ollins Structures is illustr.lled on F.xh1b11 A and the legal descriptions definin& such loealiaal .. • b1b ill E:<hibi1 C; :ind WHEREAS. the improvements 10 be consll'Ucled punuan1 to die COOT Pn1jec1. wi* projKI limits from .ippro:o1 ima1.:l y Chun:h ,\ venue. in Linlelon . to C--'70. includina die-.. dnin c:rwaina SUUCllll'CS described :above . are shown on the linal ensillftfflll plw Jllld ,_ ?7. 2002. C l!Nillilll ofJJ7 pages ("Desip Ptans '·t which 'iiCh ~w,np shall be Jaipaed a ~ Dad lllall be -ically incorpor.ued herein upon cumplelioft and :ippoval by Ille City . Ir dllft ii a COllftia ..._ die Dllip Pt.ins and this Ayrttm.:nl . th is . \i;n:.:meni wll supercu E.'Wbtl D. WHER E,\S. (DI> r .111.J tlk: Ci~ Jaire to :ipee upon~-.... ,.._.lilill ofa:11 party widl rq:ird 10 the join1 us.: <>f 11k: Sot>.1.:.:1 l'Topeny : and WHERF.AS. lhis ,\111','ffllCfll is.:ll«IMd by CDOT..a.r....,ofSecliaa'3-1-10hatl4J..2- t.u. C R.S .ind 1w 11!., Ci"· 1111tk:f' ••• spc,:1fic muni.:1pal ~a_,,....,..,. a Cily WWI~ .. -. • .. • • NOW, THEREFORE. it is hereby agreed: I. E.viibiis A, B. C, and D .ire incorporated herein by this reference. To the em:m dlll'e is ay conflict between this Agreement and the E.viibits. lhc terms of this Aiireemem shall prnail. 2. 3. JQJNIUSE The parties agree !hat nochinl in this Aa,eemenl shall affea prior wriam aareema111 ._ the parries as such agreemencs may rela to die priomy of owimsbip of the Subjea Properly. nis Agreement modifies die ript to the use oftbe Subject Property reprdless of owaersbip. By enrering illlD this Aa,eemeat neilber paty Wliws ay ripes or qiama ii imy haw coacemins die prioriry of~ ofdle Subjlcr Propaty, wllicb _,..,._..ill die .... relaliw to the Subject Propeny. This Apeemeal is limired to defining the ripll ofdle paties to use the Subject Propeny reprdless of OWlllnhip. 4. The City will permit COOT to use the Subject Property. Such 1118 sball be limiad to die -md mailltenlnce of the highway presendy loc:lled OIi, -and --die Sllbjecl l'nlplny ...... die COIISINClion and maiwe of the in,,.o.cmencs ID die bipway pur1IW m die COOT Plajel:t. lbe term "higb-y" for die purposes oflbis A.....-. shall have die w ........ is - fonb in § 43-1-203, C.R.S., l•. "higliway" includes bridps on lbs roadway ad c:aJwns. shlices, drains. ditches, warerways. embanlunen11, retainiq walls, irees. shrubs, md Rimm alaai or upon the -and within the riaht of-y. Such use shall be subject to die condiliw of dais Apecment. S. COOT will permit die City to use the Subject Property for the me and o(dla Ciay Dildl facilities for com,eyina -. --pranly locmed OIi, °"'· ... --.. S4llbjacl Properly and for COllllnlCtioa wl mai...-of -..o-olllllS ID ... Clly Dlll:!a lllciJilill llr cor,eyiftc -conmucted pwsuac to the COOT Projec&. Such facililia illlcmda opm cllamals. buried pipelines,-, had I*' ad-.iad lppWM CCIII Such -... be lllbja:t. dis rerms and condilions of this ApecnNIII. 6. In considerlllion oftbe IIIUIUlil co--.. i.e... die panies ..,_ dial CDOT wil ralip ad pipe lbc Ciry Ditch in accordaice with die aa,eed upon Desip P'-a sho-• Euibil D. 7. Both parties •denaand dial Ibis rea1....-:ilill pipias will_. in 1111 Cq DIida-. willlia approximmty 250 I__. feel (naming 6-nonli ID ..i.) ofdle propmld ........... accelcnltion lane :.r Aspen Grove Way. I. COOT undenrands lbc requirement for die _..._ flow of...., ha April 1 • 10 Mo , 9 . 10. t• ofacb yes ad.,_ dial COOT_,,_ iaerfwe widl • flow of.-waill dlaCily Ditch durin1 die annual now period ofrime. Should It.ere be a ac:cidenal ........ ofdla 11111ual flow caused by die use. maintenance ot repair of die hip-y, COOT liaiJ c:oopa• will, die City in making emerpncy repairs 10 die City Ditch. COOT shall not proceed widl my -C011111Uaion on die Subject Proptny, iac!a1i1a Illa COOT Project. widioul prior :,pproval ofdle plans hn die Cicy wliicll approval ..U 11111 be unre:ISOfllbly withheld. The City shall noc pnk:eed with ..ny new consauction on die Subjea Propeny widloul prior approval oflhc plans m>m COOT which :,pproval shall 11111 be .._ably widliletd, 11 . Mllintmance ;and repair of die hipway lacililia on die Subjc1 propeny wiU • • ... 1apl ad financial responsibility of COOT. iac:ludina die• 1• 44111 oa die M6ce oi'me Sllbjea •• • ' .. • • Property. COOT c:an del~,ute certain aspects of such maintenanee and repair responsibiliry to tbe Ciry of Littleton by enforcing the relevant provisions of§ 43-2-1 JS. C.R.S. 12. COOT and its conaxton agree to take due care to avoid damage to the City's facilities in tbe c:onsttuc;tion, use. maintenance or repair of its own facilities within the Subject Property. Should any damqe to the City's facilities occur in the course of such c:onsuuc:tion. use. maimcnanc:e or repair, COOT shall c:ausc: the: City's facilities to be repaired to the City's then aimn1 Slalldlrds • COOT's sole cost. 13 . 14. 15. As to the Ciry, COOT shall, 10 the extent :illowed by law, be solely responsible and liable for any and all claims, damages. liability and cowt :iwards. including costs. expenses and auomeys l'ees incurred as a result of the consauction. use and maintenance ofCOOT's &cilities on tbe Subject Property. Maincenance and repair ufthe City Ditch facilities on the Subject Property will be tbe sole lepl and financial responsibility uf the City . The City and its conaxton agree to take due care to avoid damage to COOT's &lcilities in tbe COIISINCrion. use. maintenance or repair of its own &lcilities widlill lbe Subject Property. Sbould any damage to COOT's lilciliries in !he Subject Property, lrom Staaon 76+SO to Staaon I IC>+OO iD die Design Pl:ins. occur in the course of such consaruction. use. lftUlll.-:e ar repair. die City sball cause COOT's facilities to be repaired to Coors then c:umnr _.. witb tbe paties responsibiliry for die costs associaled with such rq,ein to be allocared a follows: COOT to be responsible for 7S% uf such costS. and the City 10 be responsible for 25% of such costs. Should any damage to COOT's facilities in all ocher IOCllions within tbe Subject Property occur in tbe c:oune of such CODSlnlCtion. use. mainrenance or repair. tbe City shall c:aa,e CDOT's &lcililies to be rq,eired to CDOT's then cumnl s&llldards a1 the City's sole c:mt.. 16. As to the COOT. die City shall. to the extenl allowed by law, be solely tespo111ible a lilble for any and all claims, dam:aps. liability :ind Court awards. including cma, a,._ and mon.ys l'ees incw'ftd as :i resuh uf the consttuction. use :ind maintenance oftbe Cily's &lc11ilies • tbe Subject Property. 17. Each l*1Y shall siw :idvance notice of al ICISI 41 hows to tbe odlll' party befan tbe Slaff olay maintcmnce :ind repairs which may interfere with the other party's -of ill &lcllililS. If die Cay needs to :iccess City Died! facilities lrom Stile Hip-y 15, it 1111111 oblain a uliliry pmail hm COOT prior to 11SU11 Stale Hipway 15 tor such access. The 1101ice provisiaas and nfflc --.,i provisions in the utility pcrmit shall l:Ollll'OI such -. The Cily iay -oy apply for ad obcain liom COOT a gcncr.al utility permit for the ponicm ofS-Hlgbway 15 ...._ ID Ila Agreement . The general utility permit will be eff'eaive for om yea--S will allow for -iiald ~val ufCiry:iccesstoCity Ditch facilities trom Scae High~l5. hldleewn1of-pacy repeirs. die :idvance nuricc shall be waived. ho__. nacice of such aclivilill lMII be pnmdld • SOOII as possible dleraller :ind if access &om Sew Hilh-Y U ii medld for such wpucy repairs. :i urilily pcnnic muse be ubrllined as soon as pouible if such a panait is DOC anady in place. 11. Each party shall provide the ocher with design .and consmactioa pa for my fuan clwlga to tbe City Ditch or hipway filcilicles for review by the other paiy prior to tbe .-r of any ltldl alter.Irion or use uf such filciliries on. under or ;ibove die Subjecl Property. Each party sllall be solely n:spunsiblc for the ai;cwxy ;and complctenas uf ill plans. 19. The '-lK:ll'ins to be installed 1111 the Subject Pnipani, pinlall lO tbe COOT Project s11a11 be limited 10 the ~ng spec1tlcd in the Oesipt Plans (Eidlibit 0). COOT shall noc pllllc my trees or e--1.y :llnlCfllNS in the Subject Pl'openy. odNr dla Slnll:llll9 idlntifled ia die Design Plans. without the City . :1 ~val. • • 20. This Agnemenr shall not be coostrued as a gr.mt of a public lllility asement for my ponion ofdle Subject Propeny. In lhe evcnt any 111ility is to be loc:11ed within lhe Subject Property, such ulility must obtain all required lic:enscs ;ind apwmcnu liom both COOT aad die City. 21 . Nothing in this Aa,eement shall be conslnled as a waiver by COOT or lhe City of the provisions and protections of rhe Colorado Guvemmenral lmmunily Act, Scc:lion 24-10-10 I et seq., C.R.S~ as now enacted or hereafter amended. 22. 23. Each party shall keep the other informed. in writing, of the cumnl i-. addnma ad pboae aumbcn of its pcnonncl who am be contacted in case of emeiamcy. 1bis irJbc,mlioa sball be provided to COOT Region 6's Maintenance Supcrilllendcnt 111d lhe Ciry's Direclar ofUtililies. This Agnemenr shall inure to the benefit of and be binding upon lhe panies, dleir successon 111d assigns. 24. £xb party repracaa and wanwits dial ii has taken all actions that ae aecaay or niqllired by applicable law, IQ properly audlorizc lhe lllldersigned siplllOry to lawftdly a--. dlil A..-r oa behalf of such paty and to bind die party to its terms. LICENSE FOR STORM DRAJN CROSSJNG STRUC'nJR~ 25 . Wilh respect to lhe propeny required for lhe Stonn Dr.iin Crossin& Structures (E.'Chibil C), die City sball have die ripl IQ maialain.. inslalL repair, remove or reloca die Cily Dilda or my odNlr ofiD filcililia loc:ad in die City Dildl R.0. W. uussidc oflbe Subject Proparty, a my time md ia such _. a !he Cily deems neccssay ur convenient. The City-1be aclmiw ripl to -oi all eaemenlS and insaallarions. In lhe event lhe Slurm Dnin Craaial Slrudarw .-ftn widl 111Y lulln -ofdle City Dilch R.O. W. ouuide ofdle Subjecl PrapanJ by 1be City, COOT mil...,.. nquat and. its sole expense. reloc:l&e ramaae. or -... SIDrm Dia c,.... Slrucan SO a 11111 IO .-fire widl any sudt IIIC. 26. TIie City shall haw the ripl to mainlain.. i-11. repair. ranove or reloclle 1be C"try Dia v. ay odlllr of its ticilicies loc:o1lld in the City Ditch R.0 . W. within the Subject Propcny, ~ ID die 11m11 and c:oadilions of !Ilia Aa,ecment. 27 . Ally repair or ~-.,.. ay Cily iaslallalioa occurriDa in die aw clallllll ia Ealillil C made MCCSWY, HI die opinioll of the City's Director ofUlililias .,.._ oflbe wwwaaioa ofdle Sturm Dnain Crossi111 Structures or ucher ;appurtenance inllallalioa dlereo( tllall be tadl • die sole expense of COOT., 21 . The ripts and privilelfl p:inced 10 COOT in rhe lte3S defined HI Exllibic C all be ajea ID prior 41wwaa. liccnles a.J/or .,-. ,-dee! or -did. ad il -8 be CDOT'1 I06e resp,nsibilily to dltmninc lhe cxislencc of said doclmWIIIS or c:,r,.ffictiaa -• illllelhrime 29. COOT asumcs ;all resp,nsibility of maincenance of the SIOr,n Dnin c...,.. Saww 30. l1isexprasly.-thaainascofCOOrsbrexhof;iayof11nmaad c wlkie•1of.,....,. 31. 25 .,._.. 29, .. Cily may . a ia oplioft. i.ve specific pafoi .._ • -llr ....... -llinl '""" sud! brexll. Upo11 ab;indonment of :iny nl&hl or privilqe herein ¥fWed tor Sturm Dn1ia C.-iaa s.n.e.., die riahr of COOT 10 th.II C:'llenc shall lffllllMlc. 32. la pw11ifts the~ for 11111 Slora DrN Cn1111n1 S..... .._. ii die C"a, Dall lt.O. w ouaide of die Subj«t Pruper,y .... C iry mftVfl .. ripl ID ..... -of•......, • t .,. . .. • • inolwd • aay be-, arc:aawaieal iD 1111....._ ofdle warad inipdm dlldl .,.... .... die COllll'OI oldie Clry. IN WITNESS WHEREOF, die pardel _., have cat..t die ....... ~ ID be ....a die day 111d,... ftnr lllctwe wriaen. An!ST: By~~6, ..:?:::5? ChiefEnaimm' crrY Of' INCUWOOO. COI.OllADO. AM ....... C.,.. II 1 ATTEST: By..,,..---,--,-:,.....,.~--,-~------ Bewrty J ........ MayGr- ' EXHIBIT "A" - .-1 ·--· -I I I I -- (303) 7'7-9053 IUU ---- 1\\\\\\ ------ Jlft-Y LO,W, ,__Ya.o.w. mr Dffl:11 a.o.w. 1Uamcr ..... (.nJA-1) ------ ( / / / ( / / / /.29' \IQ t,,.u,,, (o••"'!nt Ilk 1~17. P. 357 30 ' Sa.nlto.r-y S•••,. Ea.sfft•nt Roe. No. A'lOl 7209 ,- ., 30' Acc•ss Eos•!'Wnt EXHIBIT -A ,co I I I I I I I I I I I ·-·-· -·-·-·- -ioammatrAY "io-:W.-- -_l_\ __ \ ___ -415. -476 S.B. 811 ---------, -------------. ------------llll11NO I.O.W. (Ja01) ------------------._ , Q IIINDAL PABl:-n-RIDI -----.... 1ft, ,. " ----·-·-·-. ·---..... ..... ... ,,,.,...,.. .... Dia ~.11:'1•: ~1'1 Ila. ':·-: •.~ rz1 '!:~H:t 11ft _,-LO.W. ,....-,,LO.W. arr 1111:a LO.W. (lalnD) IUWI' mm. (IVA-1) q \ ... 11111,. " -~ "==''---l--. ~ ..... ~. 73 ,._ ... \ \ \ \ ASPEN GROVE \ \~1!~~~~N \ \ BLOCIC 1 WI \ \ \ Oty ~U~3 °' t,,glffOOd \ tlcGl lDCdlon) \ \ \ ,. I .._ No. aueNa <•· -ctt,7 ol ~) (--tleal .... U..) -.. CDOT Pl.;,ct ... _ (_,..., ~:·-=· ~·-~-~~==~~:~~~~~==::=~~~::::::::::::;;;;;;;:;;;~==::;;:;;:::"'.~=::::::::::~:::::::~::::::=====it==J -----. - ' -·-·-·-·-·-·-·-. ,... 8.JL 16 -411 , page 224 ·----------------~-=~~ ------===-= =------.,,-""""'= ---._._ 777111118 --- ----·--·-------~----·-------·-·------- ff 1/4 D 1/4 ac. a TU. --.... 0 ---------------- --·---...------~------....... ---·-"--··-----T-----~---·----·---·-----·-·--·--·------· ! EXHIBIT-A Ill .. ... Joint Use Agreement ...... .. (3DS) 7157-I053 IU• l~~~=========~~il=~==========::t::::fl~:::t:==========:::t:=111aaWW.~l~.,! .. ~•aa,;;·-' C)oa .... --s-. ""'u ··-. 1-,.... ,, ... ---,-, .... .. ~-..... a , ........... ,r..1 ..... ASPEN GROVB SUBDMSION •• .. Ill, •• 71 mas 1 ... .......... ... ...a ...... . ......~ ...... . mTmmu.w. rm :wu. ('"14-1) -- ..... ... ~ ... .,_t -,.. Clli1F .. c.alir ., ..... u....,.. It', _.. el .._ C,,,cfretncn .. ,.. ..... .,~ ....... 1t·, .... -......... , ..... ,.. .. , ... _.. .. ._. ...,_ .. INI)--. --al PAP ..... I I 1 ---·-=.·-=:-::.:::=::=-·=-;_-;_~,.:: ------·-- --.. pipia....!:!!:!:JII!>----=---- +-----~--:.. -~ -------""""-""--------=-=-=-----------------------------~-----------------------------·----·-·--.--------_________ .... _. __ __..-----·-·- ------·--__... ___ __... ____ _ ----·---__ .. ___ ·--------·------ -=L..---------------------------------------------------------------------=e:-----' , --+--" CD ~--/ ---- ·-·--..... ....... IIJamcr ~ (JUA-1) ....... -~.!:. t .... «.r .. Coalr ............. . .......... , 1 ,, .. -.......... Colllale..._ ......... , ..... ,.. .. ~--..--.-.. ......... , -= ........... ,.,. --~--......... ASPBN GROVE SUBDIVISION .......... 'II BLOCK 1 -------------------~.a..., -------L!.. ~----= ~-- li.Y a.o:w. crrr a.o.w. ~,(.roli.-2) I I I r : , ASPEN GROVE f I I ~~~~N BLOCK 2 I w, ---,.-·--·-·----.:r .-.....:_.-:,-=--=--~ .......... _...,. ---....,~ . ~ I; ------------------..... ____ ..... -----c-::,.. -= = =---=-=-= -=-=---- rt --------..--- f1(I 1/4. 1/4 ac. 8 1'1111. -ltll .... 1 ---- 1\ 1-, 1· 11 i -'a.:'"' IIC.. .... ...... ·-·-·---··----·---··-·-. ·-·--·---t'-----·-------------·--·------ , ---"' (JCl3) 7'7-8063 11.1a•~__..~~~~~~~~~..1-11--t-~-~~~~~~--,~1--+-~~~~~~~~--,r--1._y&1•T~.a.ff5~a,;•ia!!l --------------.................... ..-_...... .. ....._ ... a • ._ .... -\ \ \ \ \ \ \ \ ";.Tiffi\ \, ASPEN GROVE SUBDMSION , ... , .. ,. 71 ILOCI[ I Wt 1Ua11CT :um. ,.._., ........ .... .-..... ,..~-C:...f/1 .............. ........... , Ed R ......... --------=-._ ~-= = .::::.....- ------------' ----r--' I ' \ "" I \\\\\\\ I I I I I I I I I I I I I I , , ' ' ' '\ " ' ' ' WOLBURST POINT CONDOIONIUIIS ...... ,.11 r.;e u:r J· -·- NS1' EGBWAY JLO.'I' • l'Olllllll MGJl'l'&Y LO.Y. Cft'Y DncB LO.'I'. IUllnCT PIIOPDTY' (IU&-2) IUllnCT PIIOPDTT (IU&-2) AND CftT llffCII 1.0.Y., NOT PililOU8LY IIICmDD BY IIITD AIID IIOUNIIB WOLBURST LANDING ........ 33 --··----·---·---------"--·--------. ---------. --------.. - --Eco ,S IJ..,. .. ........... , (303} 757-9053 KID . , ........... .......... WOLHURST LANDING ......... I I I I . ...\,a, ' I I ~.::rt' ... -\ I I i I I llata,. Dr. \\\\\\ I I I I I I I ..... •u. ....... ND BICD.t.Y R.0.11' • 1UIIIII BIG1111'AY R.0.11'. crrr Dl!'CII R.0.11'. snmcT PIOPDTY (ro.l-2), NOT Pll9IOIIIILY DISCBDID BY IOTIS AD 800NIJI snmcr noPDTY (ro•-2> \ I \ \ \ \ I ~ I \ : \ N.!2"J7..'.Q2:!/ o- I 14.49' loo+OD I I \ I I I I I \ \ I I \ I J_ ... ----------------= = ==-=----=-=-=--=-= =-=---==-= ~-----------------------.==--=---=-=-=---=-=---- -----~ _.::_.. .......... ~ a= :rr --____,_ -----.·--·----·--·-----·--·---' ' -·--· . ' -~1,---t"-----~ .-.-.-·----·--·-·-·-·--·-·--r-----~----·---·---... -----·-·---···· ··-··-···.. . -·-... --····---·----.. --·-- , ,· ·' 0 (303) 757-9053 IUD .. ....................................... .......... , .1111 .... ..... -----....... a u.w . ------,.... ...a u.w . ----an 111a1 u.w. \ \ I I \ \ \ \ \ lata,. Dr. IDa:r IW&i (mA-1), 1181 .......,_ ..... --- IIIUICI' WI (IUA-I) i \ \ \ I \ l i \ , \ \ I WOLHURST IANDING '. ii •• ~ .. ~--i '. ~ : • l 1 l I ! \ \ I.IL. -----·L ,CO Nff IIIGIIYAY L0.11'. -1l COOl ""'ioct NH ae.1- ------ -· --------------·--------------· -... ---··-----------. ---------·--- ----------.... ·----------------. ----------·--... -----------·--·--·------ , ' FAX: {l03) 757-9053 IUD 8W....U&O.T. --aaT41' a.o.,r. an 111a a.o.w. -.er ,w un p-1>, 111ft' •= 411L1' -.., ft -- Ala - -. l""-s.7rWWL 'il.P:, ---.:Do' - lama ... Dr. ........... '":...-=-=-=:--=.-:..-:__~ --- SJI. 86 EXHIBIT -A Joi nt Use Agreement ,CX> ----:-:=::-:--~ . .---·--·-·-·-·- ------------------ ----------------- ----=-= =-=-~-----------------------------------:1!: ---------------------------------~ ' ---------·--·----..--·-·--·-·--·------------···--·---·--···-·-·--------··-·---·-·-----·-·-·-----·--·-·------·-·-·-·---·--... ·--·-·----·---·---·---p-·-- , . .. Q EX088IT "B" -·- PARCEL JUA-1 EXHIBIT "B" PROJECT NUMBER: NH 0853-038 JOINT USE AGREEMENT Project Code: 12287 July 2, 2002 DESCRIPTION A tract or parcel of land lying within or :idjoining the Department of Transportation, State of Colorado, Project No. NH 0853-038, containing 0.427 acres {18,587 square feet), more or less, in the southwest quaner of Section 29, Township 5 South, R:inge 68 West oftbe Sixth Princip:il Meridian, Arapahoe County, Colorado, being described :is follows; Commencing :it the center qu:irter comer of section 32, Township 5 South, Range 68 West of the Sixth Principal Meridian; Thence S56°30'50"W, :i distance of 1432.86 feet to the southerly most point of intersection of the e:isterly line of the e:isement for City Ditch right of way recorded under Reception No. AS 126 742, Records of Ar:ip:ihoe County, :ind the westerly right-of-way line of Colorado Department of Transpon:ition's Project NH 0853-038 (P:ircel 4), said point being the POINT OF BEGINNING; I. Thence NI 9°42'00"E, on said right-of-way line, a distance of73.99 feet to a point on the westerlv line of said easement for City Ditch right of way: Thence, on said westerly easement line. the following three (3) courses: 2. On the :ire of a curve to the left. whose center bears N42°50'47"W having a radius of 75.00 feet, a delta of 26° 18'4 I". a distance of 34.44 feet, (the chord of said arc bears N33°59'S3"E, a distance of 34.14 feet), to a point of tangent; 3. N20°50'32"E. a distance of 186.38 feet to a point of curve; 4. Thence on the arc of a curve to the left having a radius of75.00 feet. a delta of 34°13'44", a distance of .W.8 I feet. (the chord of said :ire bears N03°43'40"E, a distance of 44.14 feet} to a point on curve, said point being on said right-of-way line: Thence, on said right-of-way line. the following two (2) courses: 5. Nl 9°42'00"E, a distance of~ 1.89 feet: 6. N27°00'00"E, a distance of 78 .66 feet to a point on the e:isterly line of said City Ditch easement; Thence, on said e:iscment line. the following eight (8) courses: 7. S68°42'39"E. :1 dist:ince of 1.-W feet: 8. S23°20'52"W, :i dist:incc of 21.31 feet to a point of curve; 9. On the :ire of a curve to the left. having a radius of75.00 feet, a delta of 46°00'5 l ", a distance of 60.23 feet, (the chord of said :ire be:irs S00°20'12"W, a distance of 58.63 feet) to a point of t:ingent: IO . S22°40'06"E. a dist:ince of I.SO feet to a point of curve; 11. On the arc of a curve to the right. having a radius of 125.00 feet. a delta of 43°31'41", a distanee of 94.96 feet. (the chord of said :ire bc:irs S00°5-4'15"E, a distance of92.70 feet to a point ofampnt, said point being on the former westerly right-of-way line of Stite Highway No. 85, described in Book -'IS , page 476. Records of Ar:ipahoe County: 12 . S:!0°51'36"W. on said former right-of-way line. a distance of 183 .95 feet io a point ofc:ur'\·e; E."OilBrT "8 .'" JOINT USE .,vREE~IEl,IT ... .. ... ·- " ; , . t • • 13. On the arc of a curve to the right having a radius of 125.00 feet. a delta of 46° 19'25", a distance of 101.06 feet, (the chord ufsaid arc be:irs S44°01'18"W, a dismnce of98.33 feet) to a point of tangent: 14. S67°1 l'Ol"W, a distance of25.94 feet to the POINT OF BEGINN'ING. The above describl..-d parcel conmins 0.427 acres (18,587 square feet), more or less. Note: The mathematics of courses No. IO through No. 14 were modified &om the recorded document to make course No. 12 coincidental with the former right-of-way line of SH-85. · BASIS OF BEARINGS: Grid be:irings of the Colorado coordinate system of 1983, central zone determined by :i fast smtic GPS survey of the control points shown on the Survey Control Diagram for COOT Project NH 0853-038. The line between COOT HARN point 38 (C470-4) and COOT HARN point 4 (OXFORD), shown thereon, be:irs N02°18'04"W, a distance of28,665.90 feet. AND PARCEL JUA-2 A tr.let or parcel of land lying within or adjoining the Department of Transportation, State of Colorado, Project No. NH 0853-038. containing 4.101 acres (178,637 square feet), more or less, in the e:ast half of Section 29, Township 5 South, Range 68 West of the Sixth Principal Meridian, Anlpahoc County, Colorado, being d~Tibal as follows: Commencing at the quarter comer common to sections 29 :md 32. Township S South, Range 68 West of the Sixth Principal Meridian: Thence N34°07'52"E. :i distllnce of 517 .20 feet to the point of imasection of the c:isterly line of the City Ditch Pipc:line Property, described in document recorded under Reception No . B 1158623. R'--cords of Arapahoe County, and the westerly right-of-way line of Colorado Department ofTransponatiun Project NH 0853-038 (Parcel 9), said point being the POINT OF BEGINNING: I . Thence N l 6°00'00'"E. a Jistam:c of 68.51 feet to a point on the westerly line of said City Ditch Pipeline Propcny: Thence. on said westerly line, the following three (3) courses: 2. N20°33'45"E. a dist:mce of ~O 1.56 feet: 3. Nl4°51'04"E.adistanceofl45 .68 feet; 4 . N21 °30'46""E. a Jis1;1m:e of 185 .87 feet to 3 point on the westerly right-of-way line of Stare Highway Nu. 85 as Jcscribc:d in Book 411 at page 224. Records of Ar.lpaboe County, and shown on Highway plans for F'--JcrJI Aid Project 83-J; Thence. on said right -\lf-way line. the li>llowing six (6) courses 5. N44 °:8"06"W . ;1 dis1am:c \lf0.43 feet: F.'i:HIBrT 11." llllNT 1•S E \l,UI ~lf'lf 6. On the arc of a curve to the left, whose center be3rs N73°S8'42"W, having a radius of5634.S8 feet, a Jelta of00°37'4r, a distance of61.8 .. feet, (the chord of said arc ban NIS0 42'19"E, a distance of 61.82 feet), to the southwesterly comer of Parcel 2 of an Agreement ( 1938- Agreement), made June 30, 1938, between the City and County of Denver, acting through it's Board of Water Commissioners, and the State of Colorado, acting through Highway Department, concerning the relocation and common use of City Ditch right of way; 7. Continuing on the arc of a curve to the left having a radius of 5634.S8 feet, a delta of08°00'3S", a dismnce of787.68 feet, (the chord of said arc be3rs NI 1°23'18"E, a distance of787.04 feet), to a point of tangent; 8. N07°23'00"E, a distance of236.99 feet; 9. N10014'4l"E, a distance of 100.16 feet; 10. N07"23'00"E, a distance of300.12 feet to an angle point on said right-of-way line; Thence, on the westerly right-of-way line of said Project NH 0853-038 (Parcels 11, 12 and I 2A), the following three (3) courses: 11. N07°23'00"E, on the westerly line of City Ditch Easement as shown on the plat of Wolhurst Landing, recorded in Plat Book 36 at page 33, Records of Arapahoe County, a distance of 147.65 feet to a point on the southerly right-of-way line of Rowland Avenue as shown on said plat; 12. N07°23'00"E, a distance of 70.00 feet to a point on the nonberly right-of-way line of said Rowland Avenue; 13. N07°23'00"E, on said westerly easement line, a distance of367.43 feet; 14. Thence N07°23'00"E, departing said right-of-way line and on said westerly easement line, a distance of26S.26 feet to a point on the westerly line of State Hipway No, 8S descnoed in said Book ·U I at page 224; Thence, on said right-of-way line, the following five (S) courses: IS. N03°S5'20"W, a Jist:mce of 1.56 feet to the southwesterly comerof Pan:el I of said 1938- Agreement; 16. N03°S5'20"W, a Jist:mce of -19.45 t'ect; 17. N07°23'00''E, a Jistance of 252.49 feet to a point of curve; 18. On the arc oh curve to the right having a radius of5829.S8 feet. a delta of02°S8'44·, a disbmce of303 .09 feet, (the chord of said arc be:m NOS0 52~2"E. a dis1ance ofJOJ.06 feet), to a point on curve; 19. Nl2°59'36 .. E. a Jistance of3 l.31 feetto the northe:isterly comer of Parcel I of said 1938- Agreement; 20. S79°33°00"E. on the northerly line of said Parcel I. a distance ofl.60 feet; 21 . NI 0°27'00"E, a distance of 19.29 feet; 22. Thence N8°3 I '02"W, a distance of 36.05 feet to a point on the westerly ript-of-way line of said Project NH 0853-038: 23 . Thence N09°37'00·E. on said right-of-way line, a distance of 161.12 feet to a poiDI on curve; 24 . Thence on the :m: of a curve to the right. whose center be:us S6r14•,a"'E. •vias • radius of 258 .84 feet. :i Jelta 07°38'3 I". a distance of34.52 feet. (the chord oflllichrc bas NJ1•34•1rE, a distance of34.SO feet), to a point of tangent; 25 . Thence N35°23'J3"E, a Jistance of 67.07 feet: 26 . Thence Si2°36'39"E. :i Jist:mce of 25.00 feet; 27 . Thence Sl7°23~l"W. :a distance of 138.60 feet; 28 . Thence S08°S4'J8"W, a distance of 102 .87 feet: 29. Thence S08°3 I '02"E . .i Jistance o08A9 feet: E I IIIT "I ." JOllolT USE \tjUEMEN f 30 . Thence SI 0°27'00"W, a distance of 27 .64 feet to the northe:isterly comer of P:m:el I of said 1938-Agrccmcnt; Thence, on the c:isterly boundary of said P:m:el I, the following five {S) courses: 31. S 10°27'00"W, a distance of 22.35 feet to a point of curve 32. On the :ire of:i curve to the left having a radius of S769 .59 feet. a delta of03°04i>O·, a distance of 308.81 feet, {the chord of said arc bears S08°S5'00'-W, a distance of308. 77 feet), to a point of tangent; 33. S07°23'00"W, a distance of300.99 feet to the southeasterly comer of said Parcel I 34. N82°37'00"W, a distance of 14.49 feet; 3S. Thence S07°00'00"W, a distance of820.02 feet to a point on the northerly line of Parcel 2 of said 1938-Agrccment; Thence, on the easterly boundary of said Parcel 2, the following five {S) courses: 36. S82°37'00"E, a distance of 9 .00 feet to the nonhe:asterly comer of said Parcel 2; 37. S07°23'00"W, a distance of669.02 feet to a point of curve; 38. On the an: of a curve to the right having a radius of S689 .S1 feet. a delta of 08°00'3S·, a distance of795.39 feet. (the chord of said arc bears SI 1°23'1S"W, a distance of794.74 feet), to the southeasterly comer of said Parcel 2: 39. N74°36'25"W, a distance of23.18 feet; 40. Thence S21°30'46"W, a distance of 76.19 feet to a point on said westerly riaht-ofway line of State Highway No. 8S, said point being the northc:isterly comer of said City Ditch property described at Reception No. Bl 158623; Thence, on the easterly line of said City Ditch Pipeline Property, the following five counes: 41. S21°30'46"W, a distance of 173.28 feet; 42. SJ4°51'04"W, a distance of 145 .48 feet; 43 . S20°33'45"W, a distance of 261.40 feet to a point on the westerly right-of-way line of Stale Highway No. 8S as described in document recorded in Book 45S7 at pap 699, llccords of Arapahoe County, and shown on Plat 'of Aspen Grove Subdivision, in Plat Boot 93 at page73 ; 44. S32°52'55"W, on said riaht-of-way line, a distance of0.47 feet; 4S . S8S 0 09'18"W, a distance of21.S3 fee t to the POINT OF BEGINNING. The above described parcel contains 4.10 I acres { I 78 ,637 squ:are feet), more or less. BASIS OF BEARINGS : Grid bc:lrings of the Colorado coordinate system of 1983 , cenlnll zone detennined by a fast static GPS survey of the control points shown on the Survey Control Diapam for COOT Project NH 0853-038 . The line between COOT HARN point 38 (C470-I) and COOT HARN po int~ (OXFORD), shown thereon,~ N02°18 '04"W , a distance of28,66S.90 feet. Authored by: Donald D. Hansen, PLS 14S99 COOT, Region 6 R.O .W. 2000 S. Holl y St. Denver Co . 80222 303. 757.992 1 E.'Ottarr -a.-JOINT USE AGll£EMENT EX88BIT "C" EXHIBIT "C" PROJECT '.'lfUMB[R: NH 0853-038 JOL""4T USE AGREEMENT Project Code: 11287 JuJy 19, 2002 DtScRimor! STQR.'\,I SEWER CROSSING NO. I The point at which a concrete lined drainage ditch crosses the City of Englewood's City Ditch Pipeline in the west half of Sc:c:rion 32. Township S South. Range 68 West of the Sixth Principal Meridian. Ar.lpahoc: County. Colorado. being dc:sc:ribed as follows: Commencing at the center quarter comer of section 32. Township 5 South. Range 68 West of the Sixth Principal Meridian: Thence SSi0 11'43"W. a distance of 1381.92 feet to the point of interSCCtion of the City Ditch Pipeline lying within the JO[NT USE AGREEME?liT shown on E:dlibit A and described in Exhibit B. STOR.'\,I SEWER CROSSING ~O. 2 The ;,oint at which a concrete lined drainage ditch crosses the City of Englewood's City Ditch Pipeline in the west half of S~tion 32. Township 5 South. Range 68 West of the Sixth Principal Meridian. Arapahoe County. Colorado. being described as follows: Commencin~ :it the center 4uarter comer of section J:. iownship S South. R:mge 68 West of the Si.~th Princ:pal .'-leridi:i.n: Thence S66?05'~3"\V. a Jis~e of 11 S6. 73 feet tO the point of intersection of the ·· City Ditch Pipeline lying within the JO[NT USE .~GREEMENT shown on E.'thibit A and dc:sc:ribed in Exhibit B. STOR.'\,I SEWER CROSSING NO. 3 (Refe:-ence Only -Subject to a separate License) The ;,oint :it which :i storm sewer pipeline ;;rosses the City of Englewood'.; City Ditch Pipeline in the ~t half of Section :9. Township 5 South. R:mge 68 West of the Sixth Principal Meridian. Arapahoe County, C\llorado. being described as follows; Commem:ing at the quarter comer common to secnons :9 and 32. Township S ~utb. R:mae 68 Wat of the Si:1:th Pnncipal Memlian : Thence '.',i:!6~3 I '36"E. :i JiStanc:e of 111:.88 teet to the point of incersecnon \lf the City Duch Pipeline lyin!J within che JOINT USE AGilEEMENT shown on E.'tbibit A and described in Exh1bic B. EXHIBr. 1::· 1011' T L:SE .\GRH~l~:S T STOR.\l SEWER CROSSING ~O. 4 (Reference Only -Subject to a separate License) The point at which a storm sewer pipeline crosses the City of Englewood's City Ditch Pipeline in the c:ist half of Sc:ction 29, Township 5 South. Range 68 West of the Sixth Principal Meridian. Ampahoe County, Colorado. being described as follows; Commencing at the quarter comer common to sections 19 and 32, Township 5 South. Ranae 68 W~t oftbe Sixth Principal Meridian; Thence N24°20'48"E, a distance of 1391.23 feet to the point of intersection of the City Ditch Pipeline lying within the JOINT USE AGRfE.11,,fENT shown on E.'tbibit A and described in E.'thibit B. STOR."tl SEWER CROSSING NO. 5 (Reference Only -Subject to a separate License) The point at which a storm sewer pipeline crosses the City of Englewood's City Ditch Pipeline in the c:ist hllfofSo::ction :9. Township 5 South. Range 68 West of the Sixth Principal Meridian, Ar.apahoe County. C<>lorado. being described as follows; Commencing lt the quarter comer common to sections :9 and 32. Township 5 South. Range 68 West of the Si:tth Principal Meridian: Thence :'•C0°40'4 l "E. a distance of 1900.94 feet ro the point of intersection <>fthe City Ditch Pipeline lying withm the JOINT USE AGREE.'vlENT shown on E.'thibit A and described in E:thibit 8. STOR.\I SEWER CROSSlNG :"10. 6 The pomt at whu:h a storm sewer pipeline crosses the Ciry of Englewood's City Ditch Pipeline in the c:ist half <>f Sc:ction ~9 . Township 5 South. Range 68 West of the Si:,:tb Principal Meridian., Ar.apaboe County . Color:ido . bcmg dc:scribed as follows; Commenc ing :.it thc 4uartcr .:omc:r common to sections 29 and 32. Township 5 South. Range 68 West of the Si .tth Pnnc1pal :'vlc:ndian : Thcm:e NI 9°36'50"E. a distance of :oii.58 feet to the point of intersection of the City Duch Pipeline: l~ing within the JO[NT USE AGREEMENT shown on E.'thibit A and descnbc:J in Exh1b1c B. STOR.\I SEWER CROSSl:"'G :"10. 7 The ;,o int Jt whu:h a .,corm se,\.:r pipcline .:ros scs the City ofEn1lewood':1 City Dirch Pipeline in the e:ist halfof Sccn<>n ::~. fo\\'n slup 5 S"uth. Range 68 West of the Silttb Principal Meridian...~ C<>unry. C<>lor:ido . bcm~ Jcs..:nbed .ii; follows ; EX HIB r:' .. c.-1or.,:1 L'SE ,GRl'E~II 'r .... :.,u ..... Commencing 3t tbe quarter comer common to sections 29 aad 32. Township S South. Rmp 68 West of the Si.,th Principal Meridian: Thence N l 3°S2'3 l "E. a distance of 4082.24 feet to the point of intersection of the City Ditch Pipeline lying within the JOINT USE AGREEMENT shown on E.'lhibit A :ind descnbed in E.'<hibit 8. BASIS OF BEARJNGS: Grid bemings oftbe Colorado c:oordiam of 1983, c:emra1 zone determined by a fist 51acic GPS survey of the comrol poina shown on die Survey Coarrol Oiqram for COOT Project NH 08S3-038. The line between COOT HARN point 38 (C470-4) and COOT HARN point 4 (OXFORD), shown thereon, bears N02°18'04"W, a distance or28,66S.90 feet. Authored by: Donald D. Hansen, PLS 14S99 CDOT, llqion 6 R.O.W. 2000 S. Holly SL Denver Co. 80222 303.7Si.9921 l!.'CHIBIT"C." JOINT USI .~ ... INT EXB I BIT "D" EXHIBIT "D" COMPLETE CONSTRUCl'ION BID PLANS COlllildns ti 349 paps wbicb are on ftle la lbe Eqlewood City Clerk's Olllce. BY AUTHORITY COUNCll. Bll.L NO. '3 INTRODUCED BY COUNCll. MEMBER WOLOSYN 7[.~ @MPANY, AT6T BROADBAND AND Q~ JPJ1+5~1R ........... MIDALONCIG'ffDl'l'CIIMA , ....... 1 IMPROVEMENTS ON SANTA FE FROM COUNTY IJNE ROAD TO PRINCE -~., WHBREAS , Santa Fe ia beinf widened to allow comtructioD of aeparatiD( mediana and additional lane• to improve traflic eaf'ety; and WHEREAS, the Licenae Apeementl will allow the varioua utilit.iea to l'llll aJon, the City Ditch richt-of-way; NOW, THBJlEPORB. BE IT ORDAINED BY THE CITY COUNcn. or THE CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1. The LiceDN Apeement between the City of Bqlewood. Colarado, and Public Semce Company to camtruc&. iMtall, operat.e, repair, raaoft, upsrada, and maintain utility linee and btune be appnmNI. Sectim 2 The Licew Apeement betwaen the City al Bqlewood.. Colorado, and TCI Cableviaion of Gecqia Inc. clba ATAT Broadband t.o COD11trnct and mamtain lour, two-inch (2") conduiia for the --·· tielmaion cable linee witmn die City Ditch richt-of-way be appl'Oftcl. s.ctjgp 3 The Licenaa ApMment between the City al &n,lewoocl. Colondo, and QWEST Corporation b imtallation ol a 800-pair cable with it1 teleoommunicwtiont facilit.iea within the City Ditch richt-of-way be appnmNI. Introducad, read in full. and paaaed on 6m rudinc on the ~ day al September, 2002 . Publiahecl u a Bill b an Onlinance on the 6th day al Sep...._, IOOl. Read b)' title and p....t on 6nal readmt on die lP day al 8eptaaber, IOOl. -1- Publiabed by title U Orclinance No . _ SeJiN al 2002, OD tbe 2()11, day al September, 2002. Bevvly J. Bndabaw, Mayar ATTBST: LICENSE AGREEMENT TiilS LICENSE AGREEMENT, made and entered into as of this __ day of August. 2002. by and between the CITY OF ENGLEWOOD, a municipal corporation of the State ai Colorado, herein referred to as "City", and Public Service Company of Colorado whose address is 122s-1,m Street, Denver, Colorado 80202, herein referred to as "Licensee". WITNESS ETH: The City without any warranty of its title or interest whatsoever, ~ authorizes Licensee, its successors and assigns, to construct, install, operate, repair, remove. upgrade, and maintain utility lines and all fixtures and devices, used or useful in the operation oi said lines, to be constructed by the licensee as described in .. Exhibits A and B", to be amchc::: hereto and made a part hereof in accordance with Clause 18 below. Furthermore, City zrams Licensee access to the City's City Ditch Right-of-Way for the purposes set forth herein. Said utility lines, fi.'CtllreS, and devices are within the City's City Ditch Right-of-Way. License: understands that uninterrupted flows in the City Ditch must be preserved from April 1 ID November l of each ye:u-. The Parties funher agree as follows: 1. Any construction contemplated or performed under this License shall comply with IIJd conform to standards formulated by the Director of Utilities of the City and suc::i construction shall be performed and completed according to the plans to be aaaclled as .. Exhibits A and B" in accordance with Clause 18 below. 2. Licensee shall notify the City" s Director of Utilities at least three (3) days prior to the ti.me of commencement of the construction of. or any repairs to, Licensee's construction so dz the City may, in its discretion. inspect such operations. 3 . By March 2003. the Licen:;ce shall complete such construetion. shall place and, maincam ·permanent, visible markers of a type and at such locations as desipted by the City'"s Director of Utilities. reterring to the centerline of the City Ditch, shall clear the cro~ area of all construction debris. shall restore the area to its previous condition as nar lS ~ be reasonable, and shall provide .. as built" drawing showing the ICtUal location witbic ninety (90) days of completion. ln the event the placina of the cenrmline markers and mi= clearing and restoration of the crossing area are not completed within the time specilied, mi= City may complete the work :it the sole expense of the Licensee. 4 . The City shall have the right to maintain. inst.ill, repair, remove, or relocate the City Oia:b and its appurtenances within the City Ditch Right-of-Way, 11 any time md in such mum:' as the City deems necessary or convenient. The City reserves the exclusive ript to coanai all casements and installations over the City Ditch. The City qrees that it does IIOt baYe the right to ~t:lin. insull. repair. or remove Licensee's facilities. However, the City does have the uncondition.il ri!lht to request that Licensee relocare its facilities u my time. Licensee sh:ill perform th~ xt\131 removal or relocation ll the City"s request to do so. n. ... • • parties acknowledge that this License is to effectuate the provision of services necessar1 and beneficial to the public . The City will make every effort to affect repairs, maintenance, or modification of the City's property without affecting provision of services to the public. and shall disrupt or halt services provided by City or Licensee only in the event of m emergency constituting a threat to public health and safety. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities, because of the construction of the Licensee's utility lines. fixtures, and devices as described in .. E.wbits A and 8", to be anached in accordance with Clause 18 below, or other appurtenant installations of the Licensee, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contrac: specifications if the construction herein authorized is to be done a conttact basis. 7. The rights and privileges aranted in this License shall be subject to prior agreemems.. licenses, and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel, and the construction shall be completed without interference with any lawful. usual, or ordinar: flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of furtive Waters or of storm waters in the City Ditch as a result ai Licensee· s activities in connection with the construction or mainrenance provided by this 'License . 9. All utilities shall be co-loc:ited with other utilities unless approved by the Director of Utilities of the Cir:y ofEnaJewood. 10 . All trenches or holes within the City's ri&hts-of-way shall be backfilled and tamped to the original ifOund line in layers not to exceed si.'C (6) inches loose me:ssure to a compactioa of ninety percent (90o/,) Standard Proctor Ma.'<imum Density. 11. Licensee . by xceptance of this License , expressly assumes full and strict liability for~ and all d.unages of every nature to person or property resulfini from water leskiul through the ditch banks or pipeline at any point where the Li ~·emce performs any work m coMecti on with the consuuction or maintenance provided y this License. License= assumes all responsib ility for the maintenance of Licensee 's facilities durin& and aft&- insullation. 12. Subject to C .R.S . 24-1 0-101. et. seq .. Licensee shall indemnify IDCI save barmlea tbe C ity , its officers and employees. apinst any and all claims. damllps. actions or causes al ac ti on :ind e,cpenses to which it or they may be subjected by rasoa of said CODS1rUCDCJII on th ~ City Ditch Rialtt-of-Way beina within aod across and under lbe premiNs of cbe City or by ~350n of an y work dot1e or omission made by Licemee. its apms. or -2· • t • • employees, in connection with the construction, replacement, maintenance, or repair of said installation. 13. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damqes resulting from such breach. 14. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, ics officers, employees, and agents, subject to C.R!S. 24-10-101, shall not terminate in any evenL Licensee shall remain liable to City for incidental or consequential damages arising from or related to Licensee's facilities so long as said facilities remain in place within the City's City Ditch Right-of-Way. 15. This License is assignable only with the written permission of the City, which permission will not be unreasonably withheld. conditioned. or delayed. 16. Notwithstanding anythina to the contrary contained in this License, Licensee shall own any and all facilities and equipment that Licensee installs in tbe City Ditch Ript-of-Way except when facilities within the Right-of-Way are abandoned at the tennination of this lease. . 17. This license contains the entire agreement of the parties with resJ*t to the subject ~ hereof. There are no representations, warranties or promises between the parties not contained in this license. This License can only be modified in writing sianed by both parties. 18 . Licensee shall provide .. as built" diagrams within thirty (30) days of completion of tbe installation of licensee's facilities. 19. Any Notice required under this agreement shall be provided in writing to: Stewart Fonda. Director of Utilities .City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 Siting and Land Rights Public Service Company of Colorado 550 15 111 Street. Suite 700 Denver, CO 80~024256 In granting the above :wthoriZ3Iion, the City reserves the ripe IO make full me of dla property involved as may be necess.iry or convenient in the operllioa oftbe WIW works plam and system under the control of the City , but which shall not inrerfere with Lic:ema's f'acilius and equipment. .j. IN WITNESS WHEREOF, this insaumem bas been execured u oftbe day and year first above written. CITY OF ENGLEWOOD Acting throqb and by its Wau:t and Sewer Board By: ________ _ APPROVED: PUBLIC SERVICE COMPANY OF COLORADO Nicholas B. Faes. Maaapr Sitin& and Land Ripts. Xcel Energy Services. Inc . Apm for Public Service Company of Colorado LICENSE ;\GREF,;MENT THIS LICE:-lSE AGREEMENT. made and entered into u of thia dav of Auguat. :!00:!. by and betwevn the CITY OF ENGLEWOOD. a municipal corporati~n of the State of Colorado. herein referred to aa "City". and the TCI Cablevision of Georsia luc. dba AT&T Broadband. whoae address is 188 lnvemeu Drive, West, Suite 600 Enrlewood. Colorado 80112. herein referred to u "Licenaee". WITNESSETH: The City without any warranty of itl title or interfft whataoever, hereby authorizes Lice11He, itl succeuor, usipla, to construct and maintain fbur, two mch (2") conduits for the licensee':1 television cable lines to be constructed by the licenaN u lbowu on attached "Exhibits A and B". Said conduits are within the City'a City Oirch Rilht-Of· Way. Licensee undentanda that uninterrupted t1ows in the City Ditch muat be preaerved from April l to November l each year. The Parties further agree 011 follows: 1. Any construction contemplated or performed under thia Liceme shall comply with and conform to ,standards formulated by the Director of Utilities of the City and such construction shall be performed and completed accord.inc to the puma dnc:rihed in Exhibits A and B. a copy of which is attached hereto and made a part hereof. 2. Licensee ,hall notify th11 City's Director of Utilities at leut three (3) daya prior to the time of commencement of the construction of. or any n,pain to, Licea••• c:omcrw:cioa ao that the City may . in its discretion. inspect such operations. 3. By ~larch. :!00:l the Ll..-eruitte 11hall complete such construction. place and maintain permanent. vi111ble mark.:rs. of a type and at such locations u duipated by the City "11 Director of Utilitae11. referriq to the centerline of the City Ditch ud shall mar the 1.T01sm~ are:a of all 1.'0nlltruction debris and reatore the area to iu pnvioua conditwn 311 011:ar :.111 ,nay be reasonable and shall provide ·u built" drawiD( lhowiq the actual loc:ation within ninety (90) days of completion. la the event the plac:mc of the .:enterline markcni and the clearing and restoration of the eraiaiq area ia not 1.-ompleted within the time ,ipecitied. the City may complete the work at the tole upense o1f the Licen,iee . 4 . The City :;hall have the nght to maintain. install. repair. remove or relocate tbt City Ditch :ind itll appurtenan1.-eie wir 1•in the City Ditch ri&ht-of-•ay, at any time and in $UCh m:anner :111 the C'ity Jeem1 neceuary or convenienL The City reNl'Vff tbt exclusive nKht tn ~'Ontl'ol :ill 1!:.lllementa and installations over tbt City Ditch. Tbe partiH acknuwh1d1e that th~ Ul.'ense 1a to effectuate the pro,.'ilioa of NrvicH necess.iry and beneficial to th" public by providin1 cable televiam NrVice. Tbe liceaaee will make o1,·ery etfort to o11fect ntpain. m:untenance or modillcaeioll al tba propeft)' al licenaor wuhout l!ITect1n111 pro~'llion of serv1ct1 to the public. and aball disrupt • ha1& service• provided by lic,m"°r or licenaee only in the event al aa UIIUPDC! CDIIICituuDf a threat to µublic health .tnd ,1afety . 3 Any rep.ur ur replac,•ment ot' .my City 1n.1t:illat1on made DeCNelllY, m tba opinion of the City ·~ Dm1cwr oi L't1htut11 bec:ause of the 1.'0nstr\lCtlOQ al tbt Laaaee's cable • • 6. ~ ,. conduit and facilities as described in "Exhibits A and B" or other appurtenant installations of the Licensee, shall be made at the sole expense of the Licensee. The stipulation and conditions of this License shall be incorporated into contrac:: 1pecifications if the construction herein authorized ii to be done a contract buis.. The rilhts and privileges IP'1lllted in this License shall be subject to prior asreecienu, licenses and/or pnta. recorded or unrecorded. and it 1hall be the Licenaee·, 10ie ruponaibility to determine the existence of said documenu or comlic:tiq UHi or inatallationa. 8. The Licensee shall contact and fully cooperate with the Cit}'I peraonnel and the comtruction ,hall be completed without interference with any lawful. uaual or ordiJlary t1ow of water throuch the City Ditch. Licenaee 1hall anume all riab incident to me pouible presence of such watera. or of storm watera. or of 1urface watera in the CiEy Ditch. 9 . All utilities shall be co-loc:11ted with other utilinn unleu approved by the Dinc:m of Utilities . 10. All trenches or boles within the Cicy"s nchu-of-way 1hall be bacJdilled and tamped to the or,cinal cround line in layera not to exceed six (6l i.nchu 1-meuure to a compaction of runety percent (90%) Standard Proctor ~um Denaicy. 11. Licemee. by acceptance ofthil license. expreul~· uaumn t'uU uui mict lia~ 5r any and all damap1 of every nature to peraon or property ca\lNCI by water from :ha cinch ieaJuns throucb the diich banlu or pipeline at the point or poilla when d::a Lice-performa any work in connecuon with the c:onmucaon prcwidad by this Licenae . The Licenaee aaumee all ruponallnlity lbr maintenance of the ~ 12 . Subject to C .R.S . :!-&-10-101. et. HQ. the LicenHe ihall indemmfy and uw baCl.lNa the City . its officera :ind employee,. a1ainat any and all clauD1. clamaps. ac:tia::11 or caUSel of acnon :ind expenlff to which it or the~· may be 1ub)ec:tad by reuon af Mid conatruction on the City Diich Richt-Of-\Vay be1n1 within and acroea ud wiar:!» premises of the Ciey or by re:uon of any work done or omiuion made by Liceaae. i1a agent.a or employen. ,n connec:tlOn wtth the comtruction. replacement. mainteammt or, repllll' of s1nd U111tallat1on. 13 . lt Ill e:q:,ressly agreed rhat 1n case of Ltcensee ·i breach of any of the within proi:c:.MS. the City m:iy . at its option. ba\"e ~pectfic ;,erfor.i:ance thereof. ,,.-sue for damatm resultins from such breach . 1-&. Upon abandonment of any nght or pnvuep herein sranted. the risht of L&ce-:o that e:ttent :1hall tennuute. but 1t1 obli13aon to indemnify :tnd .. ,,. barm1eu :!» City, its officera . otmployee1 and :11ents . •ubJect to C.R.S . 2-&-10.101. ahall not tennmate ID any e,·ent. 15 . The City .ihall have the n1ht to maantam. 1natall. r9pair. rem0\"9 or reloca• tba C-:s, Ditch and ,t,. :1ppurt<!na~1 wttlun the City Ditch Risht-Of.\\"ay. at &DY time am ill s uch manner 31 the City dNm• ~-or con,·ement . The City-"" tu uc!W11\'e n;ht to control all ,1:1sement1 and imtallaaona over Cicy Ditch. • • In srantill1 the above authorization. the City reMl'ftl tbe ricbt to mab full UN oltm property involved u may be oeceuary or co11vemenc in tbe op.ration of the wacer worb plant and syatem under the co11trol of the City. IN WITNESS WHEREOF . this instrwlleDC baa been executed u of the day and ,-ar &nt above written. CITY OF ENGLEWOOD Actilll tbrouch and b:, itl Water and Se-r Board Cbairmall UCENSEE: NOTARY : --:--tt1Qe1 By: APPROVED: Inc . dba AT&T Broadband / MYCotti••1an :,cil9I . '°'~~~~ -3- ,:,-... 80128 .,. • ~ Columbine .. Cammy Club I @ _,,, i r ,....., -·-. . -~1.~ .• ~ i~ • Columbine -.:.- --,Jl-1,Yallf!Y . u_ier:k S't fc:... .... • NE1/4 SEC. 29, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6TH P.M. ARAPAHOE COUNTY r; ! r--, ~i..i• I !of I / I lllt?: I I 1/ !if I !/ .... /, ~ ~·, I I I Ill / / / N 09"37'00-E 187.17' Ii . POINT OF / II / TERMINUS PROPOSED (( UNDERGROUND-----~,~.: ,' CATV BORE MIN. 45• DEPTH f AT EXISTING GRADE I : / I 1 • / POINT OF I BEGINNING \ N 11432°32" E 21.11" --·-~M--+-./--L___POINT OF COMMENCEMENT I • DAVIDWAlll8 -AaeOOIATD-111,,,._ ... _ -"--..... ,. .. _ NE COR WOLBUIST LANDING I I I WOLHURST LANDING GRAPHIC SCALE ( IN PUT ) 1 inch • $0 rt. "°*' A TTX528502-009 mu WOLHURST LANDING EASEMENT ENCROACHMENT ....... ~ .. u• ••• A TTX0202-000~ ,· • 50' ....... ~ 1 • MOUNTAIN STATES VIDEO C01L\.IU -,;icATI0NS CO., I~;c. I i ! I -•--•-I '='-=': r=..-•-aoo-122-•11 I •U4-l700 I.II' !~ CO l'-iSTRUCTIO t-i PLAt.; D RA WI};GS PROJECT: WOLHCR~T LA};DING SHEET It-;DEX 9'(£" : '11 !I<([" ! ".I ·Hr S 'S w,· • .,, ~,· I :r ,,u :i.fi" ~:,,S':'•,c'".:N .,..,, llU- ;::i,s-...~:lCII ~-::IIA- :::i.s-.i-.~~c~ "-"' :••-::N!, .:-::~ JI,.:.,. :1,-..; I ... I I() I I I I • I~ I 1;::1: C/1 :Al * ... t:•E', < i ' h t i ' = I I I • " JPP---· ... ., .. _ , • -GIDYI _ ............. I 1 I i i I i ~ i i d C .... s~,ie: ~..C'lt-£..0 ;,a.i, ' ......_ lll~MIT 5T . ··------ $ -I ·H-·-:>: ~ '-=---· -------_.:::::~=· -· J i t~· 1:~ : ....... i .. _, ll! I • I : I •• ___ abs;_. ----------------------_r------------7. .-cP'i:i£:/ ? 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I I I • " -~-• -H -• --l -· :-' l -. ~; ~. <:! ~i ! L;SE:NQ -.. -.. -'°''" lf • 1u UNI ----111111.IWOIID Oll'Clt C •W'IIIII T -->l'r"'- --·"' .... --·--)11.:,0 l•il'll(-.r ·.IIC -·-·-rt...:I I II) I Ir. -. ·. I> ! I I .,. . (!) I ~ I ,~ •. : I'-~ i, .I-a: -:! ! . 5-; ~ '-~ u; .~ ~L ;., a L . I i I • " • -~~lb ExhlbitB Same document u '"Exhibit A" of COOT Joint Use Aareemeat • CJ AUG-28-2002 WED 04:17 PM FAX NO. UCENSF. AGREEMENT THIS LICENSE AGREEMENT (''Uccme"), made 111d enlffld into u orthi1 ----day of Augusi. 2002, by 111d between the CITY OF F.NOLI!WOOD, a municipal corporation of the Stale of Colorado, herein ref'mcd to aa "City", and QWEST CORPORATION, a Colorado corporalion wholC addtess ii 1801 califomia Street, Suite 4900, Denver, CO 80202, herein rofcrrod to 11 "Uccmee". W1TNESSETH: The City without any warranty of its title or interest wharsoever, hereby aulhom.es Licensee. its sac:ccuors and uaigns, to COlllll'llct, install, operate. repair, n:movo, upgrade, and maintliD a 600 pair cable to be imta11cd and comcructel1 by tho Lic:ensec u shown on attachecl "Exhibits A and D" (the "Facilities"). FID1hennolc, City granta Uccnsco access to the City's City Ditch Rilbl-of-Way f'or the parpoNI set forth herein. The Facilities :ire within lhc City's City Ditch Ri~t-Of-Way. Ucentee understands lhat unintcmlpted flows in the City Ditch must be pl'CICl'Ved ftom April 1 to November l of each year. The Parties further agree as follows: I. Ally c:onstruction contemplarod or pem,rmcd IINlcr this LiCIUt abaU comply with and conform to sumdardl CormuJlled by the Di1'0Ctor of Utilili• ofdlC Ci1y and such construction shall be performed and completed acc:ordin1 to tbe planl dcacribed in Exln"bita A and B attachecl hereto and made a part heno£ 2. Licensee ahal1 notify the City's Director ofUtillcics 111 leut tbrcc (3) days prior to the time of commcnecrnc:nt of the conmuccion of, or Ill)' repairs to, dlo Fai:ilitill lO that the City may, iD its discretion, inspect such operations. 3. By March, 2003 the T.icemce •hall complete comtruccion of tbc Facililia, place and maintain permanent. vis.11,le markc:n, of a type mt II such loclrioa• u deaiCJla(Cd by the Ciry's Oim:tor of Utilities, rcfonin& 1D tho centdDc o!the City Ditch and shall clear the c:rossin1 uca of all comtruc:tion debris and resrorc the ana to its previous condition u near II may be reuoublo and lbaU pcvYicle "• buih" drawmp showing the actulll location wilbin ninety (90) days of complecion. ID the event the placin1 of tho centerline marlun and the cJeariDc ml l'lltondoll of the c:rouing ar-ca is not completed within the time specified, the City may c:amplc(a the worlc at the sole axpense oftbc Licenaee. •. Tho City shall have 1hc riaht lo ffllintain, install, rq,ur, TIIIIOW or r'lllocllc die City Ditch and its appurtcnanca within the City Ditch Ript-of-Way, • my lime and ia such mann•, u the City deems necemry or convenimt. TIie City....-!he oxclusivc ri:ht to control all eus:rrcma and iNtalJMioal ovw 1bc Oly Ditch. tho City :i;rees tlw it does not have the rip& to maintain. imlalJ, npair or ranove the P. 02 .. ' .... .. • • F:icililies . Ilowcver, the City does have tho right to request that Ucunsee r=IDc:a1c the Facilities at any lime and, upon such request,. Liccnsce shall perform lhe relocation. The panics acknowledge that this LiCIIIIO is to efl'ectua tho pn:l'rilion of sciviccs neceaa,y and benc.tlcial lo the public. Tho City will make cvay dbit to affect rcpain. maintenance or modi lication of the City' 1 proporty withom aJktina J.ic:cmcc'1 provision ot services to the public, and shall disrupt or bait acrw:a provided by the City or Lic:emec only In the event of III cmcrpnc:y www1i@iwtj a threat to public: health IDd aafitl.y. 5. Any n:pmr or rcplac:oment of any City inltaUalion made ncceuuy, in 1111 qiaioJl or the City's Director ofUlilitia became of Ibo conslnlc:dOG otLiccnMo'1 Fa::ilida 11 dcscnoed in "l!xhibits A and B" or other appurtcnanl installations oftbc Li,,,.._ aball be made at the sole expense of die Ucemee. 6. The stipulalion and conditions of this Liccmc shall be incoiporated lido c:ona:ac:t specifications if the constnic:tion herein authorized is to bo done pursuant to a COlllract. 7. The ri&hts and privilcps panted in this Licc:mc shall be subject to prior a;reemenu, licensea and/or snnu, recorded or unrecorded, and il lball be Iba Lic:cnsce's sole rcspomibility lo determine the cxiatenct ofaaid documem ar c:onniclin1 UICI or installatiOQI. &. The Lic:caaee sball contact aad Cully cooperate with die Cny'1 pcnoanel 1114 .. comauction mall be compJctcd wilbout lnrcriinmco with any ln1bJ. -1 ar ordinary flow of water lhroulb tho City Ditch. Licemce sbal1 asmno all rim incident to 1bc poaa"blc preaence o! ibrlive watcr1 or of IIDrm wamn iD die City Ditch. 9. All wilitica shaJl be co-locatccJ wiUi other utilitia lllllea 1pp1oved by Ille Dfrmtor oCUtililies of the City ofl!nglcwoocl.. 10. All trenches or bolea widwl the City's ri&}lts-of-way lhall be backfilled IDll aapad lo the orii:mal ground line iD layen not to exceed six (6) inc:ba loole maac 1D a compaction of ninety percent (90%) Standard Proctor Maximum Demity. 11. Lic:c:mco. by acccptanc:e of this License, cxpraaly aaames full 111d 111b lilllility for any aad all dsmaces of evr:ry nature to penon or JIIOPlllY nmltiDa 6am ..... lc:akina throup lhe ditch banlcl or pipeline u a reault of 1bo acts or omieeiaw of Licemce. Lic:c:mce U1WDC1 all t'elpOllll'bility for the maintma11ce oftbc Faciildal during 111d after im&allalioa. 12. Subject to C.ll.S. ~10-101, et. seq., Licensee 1baU i1ldmulify and aft 1w kn the City, its ofllccn lllld cmployea, apinst any and all clain'II, dem..,., .... • C&U1C1 of action and cxpen1e1 10 wbic:h it or Ibey may be IUbjeal8d • a s-at.tta. acts or omillioal mu by Uccnsec. its lpll or amplo)IIOI. ia OC11111 lcdm wila Ibo COClltnlc:1ion. raplacemcm, maintcunce or repair of the Facilitia r. u., 1• • • AUG-28-2002 WED 04:l8 PM 13. ll is aprcaly apad that in cue oCLicemcc'1 breac:h of 111y oflbo widin promilcl. the Cily may, at ill option, have spcciAc pcdbanaace tbelao( or .. for damaps rclllltmg from such brelcb. 14. Upon lblndoAIIIGDl ohay ript orpmilep bmiD .-.... tbodpt ofJ.icmlae to that axtcnl lhall tcaDinlat. but itl oblipdan 10 iadlmai~ and ~ hlnnllll tba City, hi 0111cm, employees 111d apldl, mbject lo CJUI. 24-10-101, all uviva IO long• tbe PIGilltiea ftlfflliD illplawitbiDtht a&y'1 Q\yDildl~Way. u. lbla LiclnN la lllfpblc Oftly will dlo wdtllD pcnnillim ottbe Cily US. Nonri1tlllandiD anylhmg 1D tba contnry CIDIIUinld iD lbil IJcalc. U.... IIIIJI own tbc PICiliU• cxccpl iftha PICiliti• a ablndDalld llpCID IM .,..,-ion ot1bia LicalN. 17. Thia Lk:cme c:omaim tbe llllilc .....-a otlhe partial with napect ID the llbjccl llllltllr bcn:oC Thao aro no nipracallliam. ,,.,_. or pn,mfas bcrnal die panim not caaraiNd bl dlil Licemc. Thia Urmao can oaly lie modl1lld in wddna sipcd by bolh pad-. 18. Licemc shall provide·• built" cliapDI wilhin ddlty (JO)-,. ot OOlllplldan or the inmllalion of die Facilitiol. 19. AAy Ncmce niquirecl uadc:r 1hia 1111C11111111-U bo prowWld la 1'lidlll to: lftD City: Stowart Poada, 'DinctDr ofUtilitica Ci&)' or'Eqltwoocl 1000 Englewood Parkway Bngl~ Colorado 80110 IC LO Liccalee: Qwlll Corporation 9750 S. eo.tilla Ave., 2"" Floor Eqlcwood, Colorado 80112 Aaawcm: Lia A. Ryland with • copy to: Qwat COlpOlllia llOt C...S...5'aill4900 Danwr. Colando IQZOZ Alllantlm: ...... AIIDlllly ll..-.1111111cwe 116orilldon. IIID(ltyllllffllldle-lDIIIIIID ftlll •ott11e......,t11Nlwda-,11o,, irorcwa, rw:.111o.,..,..ora. ......... ,... ................. al .. Clly. INwrrNIIS WBIPtlOP, till .. iillliiWWWtbabrm ..... •al .. .., ... ,.. .......... By._=-'! _____ ~ c:::w-- By: --,----------- ATI'l!ST: By: RH!IITA MAI' or CITY DITCII IUGRT..0,.WAY .... ,,-...--... QIIIIJTI MAP or l'aOJIOUD INITALLATION OP JACll.1'JUS _,,,_ __ ... .• '~!'\,· ......... _ .-1,,,. .... " ...... .,, ........... ~. ""' .... f :~ ~:.11, • ..... f~~ ............. -:a.::t. ~-•--·--:a:.·-..... _ • I J I ! i I T l ·- I kl: I I ---i,. • --f.~-I I Ii I I • ~ f L_ • Li:.._ I~ _J COUNCIL CQMMUNICAJION Date Apndaltem Subject Extension of Temporary Moratorium September 16, 2002 11 ai on New Residential Construction INmATEDBY STAFFSOURa Community Development Department Tricia Langon, Senior Planner ,. COUNCIL GOAi, ANQ PUYIQU$ COUNQL AC1JON City Council approved Emergency Ordinance 28 on May 20, 2002. The moratorium established a temporary suspension of the issuance of building permits for new single-family attached and multi- family residential construction, as weU as land subdivision, in an area bounded by West Evans Avenue on the north, West Vassar Avenue on the south, South Tejon Street on the east and South Zuni Street on the west The moratorium is scheduled to expire on November 24, 2002. RECOMMENDED ACTION; Staff recommends that City Council approve a six (6) month extension of the moratorium established by Emergency Ordinance 28, Serles 2002. This request provides additional time to prepare and adopt the Unified Development Code (UDC), the update of existing land use and zoning regulations. BACKGROUNPi At a City Council Public Forum on April 1, 2002, the community e,cpressed concerns reprding the quality of residential structures being built in northwest Enalewood. City Council clsa.med the concerns at the April 8, 2002 study session in relation to the Comprehensive Zanini Ordinance. Currendy, no design standards are identified for the area covered by the moratorium. Council determined that establishment of design standards is neceua,y to protect the viability of the neighborhood and the interests of the community. Council directed City staff to continue preparation of the Unified Development Code, induding residential design standards. Adoption of the UDC is scheduled to begin with a public hearing scheduled before the Planning and Zoning Commission on November 5, 2002 . FINANCIAL IMPACT; Building permit fees for new single-family <?ttached and multi-family construction wiU not be collected during the moratorium. No additional financial impacts have been identified. LIST OF ATTACHMENTS; Proposed Bill for Ordinance ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY -~.a.PO& C9UIIGll,BIU.NO.ff M1to'bUCBD BT COUNCIL war ra ______ _ ANOID.IMA,lfCS Ul'.INDJNG THI SIX-MONTil TIMPOJIA&Y SlJSPBNSlON O& ' MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE FAMILY ATl'ACIIID .AND MUL'ft-PAMILY DSIDINTW. OONB'l'ltUC'l'ION. OB.ANY , HOUSING REQUIRING THE SUBDMSION OF PROPERTY, IN THE AREA LOOA'IID IWIW&DI WIST BVANB AVSNUI ON THI JIIOlffll. WDrVMIIAll ' AWNUE ON THE SOUTH, SOUTH TE.JON STREET ON THE EAST AND SOUTH W IIWt ON TBS WB8T, POil AN ADDfflONAL81J'. IION'l'BI. WHEREAS, mnatituentl brought to the City Council'• attention a mncern regarding deaip atandarda in the area located between West Evana Avenue on the north. West Vaaaar Avenue on the aouth, South Tejon Street on the east and South Zuni Street OD the west; and WHEREAS, City Council has reviewed that concern and found that the design standarda in the area located between West Evans Avenue on the north. Weat Vll8881' Avenue on the aouth, South Tejon Street on the east and South Zuni Street on the west need to be updated; and WHEREAS, mntrol of the permitting and mning of ti-facilitiee are leptimate exerciaea of local police power; and WHEREAS, the ori&inal moratorium on the iNuance of permitl for new ain,)e family attached and multi,family residential comtructiGll or 8111 bouains nquiriJII the aubdiviaion of property, in the ana located between Weat Bftllll A-• aa the nanb. West Vaaaar Aftnue OD the aouth, South Tejon Stnet OD the Ult and South Zuni Street OD the west WU to live the City atd time to coUec:t intbnaation and won closely with the Englewood community to reviN zoniq replatiou that protect the interests of the mmmunity; and WHEREAS, City Staff is mordinating these deeign standards with the propmed Unified Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council finds the provisions of this Ordinance are temporary in nature and are intended to be replaced by 1ubaequent lepalative enactment. The temporary suapenaion of permits for new single family attacbed and multi·family residential conatruction, or any houaing requiriq the aubdiviaion of property, in the area located between West Evans Avenue on the north, West Vaeaar Avenue OD the aouth, South Tejon Street on the east and South Zuni Street OD the weat aball terminate on May 24, 2003. -1· t • • SJ,c;t.jgp 2 The temporary auapenaion of permit. aball -apply to permit. for lliq1e family cletacbed houaN, remodela, and IICCIIIIII01')' atructuns, but will apply if the relliclence ia entirely clemoliahed. Sec&iOP 3. The Eq:lewood City Council directa City ataff to develop appropriate ncommendatiou to Couucil, to be coalliat.ent with thia Ordinance and to coDec:t iDtbrmation and work cloaely with the Bnciewoocl communitJ to rmae mmDI nplat.iou, which protect the iDtenata of the comm'IIDity. ID&rodwm, nacl iD full, and pa8Nd OD tint readiDs u a Bill lm an Ordinuca OD the 16* clay al September, 2002. Publiabed U a Bill for an OrdiDance OD the 20th day of Septiember, IOO!. Beverly J . Bndahaw, Mayor ATTEST: Loucriabia A. Bllia, City Clerk L Loacriabia A. BUia, City Clerk ol tb1 City ol Baslewaod. Oalando. --, 08l'lift that the above ud far9piDs ia a b'1l8 copy ol a Bill far an OmiDaDlla iDllodllllld, read iD full ud paaed on &nt readius on tbl 16* clay al September, IOO!. -2- Date September 16, 2002 COUNCIL COMMUNICATION Agenda Hem 11 a ii ,. STAFF SOURCE Subject Ordinance for sewer rate Increase for Bl-City Wastewater Treatment Plant improvements INmATEDBY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNOL ACTION The last sewer rate increase was established in 1982 by Council Bill 156. The proposed increase provides revenues to build facilities needed to meet Federal requirements and provide additional plant capacity. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at their September 10, 2002 meetin& Council approval of the proposed ordinance. The increase in sewer services charges will be 20% effective January 1, 2003. Staff recommends that Council schedule a Public Hearing for October 7, 2002 to gather input on this proposed ordinance. BACKGROUND, ANALYSIS, AND ALTERNA11VES IDEN11RED The Bi-City Wastewater Treatment Plant will require a major expansion of the existing facilities and construction of additional treatment processes. The proposed rate increase wiD pay for Increased costs resulting from these requirements. The new construction is necessary to accommodate recent denitrification requirements imposed by the State Health Department Addltlonally, the South Platte River has recently been reclassified as a Recreational Class I river which requires increased pathogen destruction. The plant expansion portion of the project is the result of rapid growth in the area served by the plant Growth has been nearly double the projections used in planning the lut expansion. The project is currently being designed by Brown & Cauldwell Consulting Engineers. It is estimated that the total cost of the project will be $110 million, of which Englewood will be responsible for 55%. Design should be completed by the first quarter of 2004, and at that time bids should be received for construction. Construction is expected to take about three years to complete. FINANCIAL IMPACT In order to finance this construction, the firm of Black & Veatch was retained to analyze financing alternatives . It was determined that a bond issue in the range of $55 to 60 mllion dollan would need to be issued . It is proposed that this issue be concurrent with the receipt of the bid. Sewer rates wil need to be increased to pay the principal and interest on the new bonds. Black & Veatch is currently projecting that a rate increase of 20% is currently needed to show adequate coverage on our existing debt prior to the issuance of the new bonds . Upon issuance of the new bonds, they ilfe projecting rate lncreues of abOl.'t 13 % to 15% for the next four years to meet coverage requirements of the bond issue. This Is shown In the cas h flow attached to this council communication . Council will be approached for subsequent rate increases at the lime the bonds are Issued In 2004 when the exact cost of the project Is known. At this time, it is recommended that Englewood's sewer rates be increased by 20% as shown In the attached ordinance. UST OF ATTACHMENTS 1. Proposed BID for an Ordinance 2. Cash Flow ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY -~111U, NO 41 DUCED sY coUNcrl. AN OBliNAllC& ll8l'AIUIIIIINI AN INClUL\81 Df 8i",.::ftlM RECOMMENDED BYTffE ENGLEWOOD WAftRAND BOARD. WHEREAS, the State Health Department and Water Quality Control Commiaaion have increued the requirementa £or diac:harp into the South Platte River; and WHEREAS, there baa been a powth of population in the area aenad by the Wastewater Treatment Plant that ia nearly double powth pio,iec:tioDI and which requiru an upanaion of the Plant; and WHEREAS, Englewood'• ebare of the coat of tbeN imp!OftJllenta ia fifty-he percent (55") of 110 million dollare; and WHEREAS, in reviewing the financinc alt.ernativee, it wu determined that a twenty percent (20%) rate increue ia needed to CD99r niatinc debt 80 that new bonda can be iaeued to COYer the coat of the ezpanaion; and WHEREAS, at their Sept.ember 10, 2002 meetinc, the Water and Sewer Boud recommended a Twenty percent (20%) increue in eewer NmCN charpa to ocnv the ooet, eft'ec:tive January 1, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OP THE CITY OF ENGµra'OOD, COLORADO, AS FOLLOWS: Ser;tjgp 1. Title 12, Chapter 2, Section 3, Paracraph B, Subaedion 8 of the Englewood Municipal Code 2000 ehall hereby be amended to read: 12-2-8-B-8: Feee and Charcee. (B) (8) The rat.ea on Exhibit A attached hereto and incorporated herein by reference llhall become effective JanllU)' l, I008. Section 2 Safety CJaYMI The City Council hereby tbida, detarmiw. and declare, that thia Ordinance ia promulpted under the pmral police power afthe City ofEnclewood, that it ie promulpted for the bealtb, edtty, and Niue afthe public, and that thia Ordinance ia DeCINUJ £or the p-9ation af hNlth and adety and for the protection of public convenience and welfare . Tbe City CouDcil 6arther det.erminee that the Ordinance bean a rational relation to the praper iapl!at:iff object eoucht to be obtained. -1- Section 3 SeY11AhiJity, H any clause, aentenoe, paragraph, or part of thia Ordinance or the application thereof to any pereon or cin:umatancN ahall for any reason be adjwlpd by a court of competent juri.ldiction invalid, IUCh juqment ahall not affect, impair or invalidate the remainder of thia Ordinance or it application to other penom or CUCIIIIIRallCN. Sectim f lnmnNPnt Pnline,,.,.. All other OrdinaDCN or portiona thereof incomlltmt or conftictinc with thia Ordinance or any portion hereof are hereby repealed to the extent of lUCh inconaiatancy or conflid. 8ectinD I M'nct c( mv,l gr rnodific,tjoo The repeal or modification of any proviaion otthe Code at the CitJ ofBn,lewooe! by thia Ordinaw ahall aat ruue, elttinsuiah, altar, moclifJ, or cbanp in whole or in part any peaalty, llrlritun, or liability, either cml or criminal, which ahall haw baa iDcUlnd aader nch prcmaion, and each pl09iaiml abaD be aeatad and held u ati11 ..,,.,tntn1 in bee far the PUJJION8 ol lU8tainiq any and all praper actiona, luite, p,w,ceedinp, and proaec:utiom far the enbcement ol the penalty, fmfaitun, or liability, u well u lDr the purpoN ol-tainins any judpaent, decree, or order which can or may be rendered, entared, or made in nch adiml. INita, pmoeedinp, or pwdiona. Sec;tjqg 6 E1D1iz The Penalty Prmaion afSectiaa 1+1 EMC abaD apply to each ud IIY9ry violat.ionofthia Ordinance. lntzoclw.l, read in full. and p.-d on tint .....un, OD the 11th~ ol Septam'ber, IOOI. Publiablcl u a Bill ban Ordinance on Im ICltb ~ olSepteeber, IOOI. ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Bllia, City Clerk ol Im City ol Bn,lewood. Calando, lmeby ~ that the above and foreaoinl ia a true copy of a Bill tbr an Ordinanal, inllod,-d, nacl in full. and puNCl on 6nt reaclinr on the 18th c1tJ of Septaaber, IOOI. Le_., HeA.a. -2- SEWER FUND RATE SCHEDULE .. Rate lncnale: 1.2 IS--Tllllllmlnl a.-$1.0041 Colledlon Svatam ChanM S0.1337 Total: $1.1318 Sc:hldule I Sc:hldule II Sc:hldule Ill Sc:hldule r-1 In YI)'. YI)'-lnYI)'.~-~""".~ ~YI)'.~ Blled( ._.., BlledC-S...Blled-S.W..Blleda...... Cuslomer a.a: FIIIRa ......... FIIIRa ......... FlltRa ......... FlltRa ......... Slnalll FarnllV Dwallna $23.14 121.71 121.12 $11.20 111.58 II0.14 122.1, '20.11 Mu111 FarnllV Per Unit s1,.12 $13.50 $13.111 $11.11 IM.111 5'1.12 $13.7' $1UI Mable Horne Per Unit $11.12 $1.21 II.G4 $7.32 $33.14 $30.72 sue $7 •• Commerlclll & lndualrtal lbvmewlln> 5111" $33.00 $30.CII 121.11 $21.52 $122.AO $111.31 $30.80 127.14 3/<t" II0.10 "5.80 Mt.22 5'0.29 $115.71 $1NJII $4IM 5'2.2<1 1· $13.10 17UO $73.31 $11.71 $308.11 $280.32 $77.04 . $70.CII 11/2" s1•.20 $151.29 $141.70 $133.50 N11.32 $1510.14 $154.CII $1.0.11 2" s2euo 12'2.'8 5235.1, l21UI $817.80 -$2,II.IO 1224.70 3" $531 .72 5'13.14 $411.32 M27.02 $1.l70.II $1,713.79 $412.72 "'8M ... $131 .12 $751.31 $733.51 Nl7.51 $3.Dm.ll a.am .• $770.22 $700.12 8" S1882.30 $1,512.72 $1All7.12 s1.-.oe se.1a.oo S8I07.31 $1.MD.50 $1.401.14 a· S2M1.32 $2403.IO S2.32A.3,4 a..111.12 111.711.70 SIUl10.A2 a..M7.II 1.2.227.12 10" $3,711.12 $3,'55.22 $3.3111.3,4 S3JM0.51 $1,.D71lM $12.aa.lO $3,511.11 - -Sollda Per Pound S0.0389 Q Volume 12/1000 Galon day afcanadlv $552.15 BOO nountt navat-$31.57 ss nound dallaf-MZ,05 COUNCIL COMMUNICATION Date Agenda Item Subject Case PUD-2001-02 The Shops at Hampden and Logan September 16, 2002 11 bi Planned Unit Development (Safeway PUD) -2nd Reading INmAnDBY STAFF SOURCE Safeway, Inc. Tricia Langon, Senior Planner PRMOUS COUNCIL ACTION Council considered the proposed The Shops at Hampden and Logan Planned Unit Development at Public Hearing on September 3, 2002. Council directed staff to prepared wording for possible additional conditions regarding a provision for removal of the fueling facility if it is closed, off-premise signage for adjacent retail tenants, and lighting. RECOMMENDED ACTION Staff recommends that Council approved the proposed The Shops at Hampden and Logan Planned Unit Development with the following conditions, which were presented and recommended during Public Hearing on September 3, 2002: 1. Refueling tanker truck access to the site shall be only from the South Sherman Street access via US 285, and shall be accomplished between the hours of 11 p.m. to 6 a.m. 2 . The outdoor garden center accessory use shaH be limited to the months of April through July, shall not utilize more than 20 partclng spaces. and the layout shall be consistent with the PUD proposed site plan. 3. The shrubbery between the sidewalk and South Logan Street shall be of one species, consistent in height and width at maturity, and shall not be of a species lhat will overgrow the sidewalk. A Burning Bush species is suggested. Further, shrubbery and landscaping proposed on the west side of the sidewalk shall be moved further west up the slope to provide more grass closer to the sidewalk. At Council's request, staff has provided the following wording for additional conditions b ased on concerns expressed during the Public Hearing: 4 . In the e vent the fueling facility is not operated for fueling or any other permitted use for a period of one ( 1 ) year, the applicant shal be required to remove the fuel pumps, kiosk, canopy, air pump station, and unde,Jround tanks. and restore the site to paved parking use. This period may be extended up to an additional 180 days, for c ause, following review by the Director of Convnunity Development 5 . Sign #4, as illustrated on Sheet PUD-7, shall be reconstructed or replaced. Thia sign shall not exceed 100 square feet (per face) in total aru and shall include a maximum of 50 square feet for off-premise .advertisin1 for reuil business teNnts of The Shops at Hampden and Logan. • • ANALYSIS Condition 4: This condition allows the applicant up to one year, following dosure of the fueling facility, to reinstate the use or install a use that is permitted under the Planned Unit Development District Plan Regulations. The 1 year timeframe is a reasonable period to arrange tenant leasing. The 180 day extension provides an additional time to complete arrangements begun during the 1 year period. The extension may be granted only if viable negotiations are under way . Condition 5: This condition allows up to 50 square feet of the total 100 square feet (per sign face) to be aftotted by the applicant to retail tenants of the shops known as The Shops at Hampden and Lopn, which are adjacent to the north boundary of the PUO. The 100 square feet maximum is consistent with the maximum allowed sign area for a monument sign under the City's Sign Code. Existing Sign t4 may either be added onto or replaced with a new sign. The total number of signs allowed per the PUD wil remain at 10, however the total square footage is increased from the proposed 400 square feet to 440 square feet to accOfMlodate the adcitional off.premise signage. The amount of signage allowed for each tenant Is a civil Issue between Safeway and the owner of the a4acent property. Lilllllol: An additional note regarding canopy lighting will be provided on Sheet SP-2 as follows: • All canopy lighting shall be directed downward and shall be flush-mounted, using sharp-cutoff luminaires and no drop lenses.• UST Of AnACHMENTS Bill for Orclnance Applicant Comments on Proposed Conditions 4 and 5 Applicant Comments on Proposed Conditions 4 and 5 The Shops at Hampden & Logan PUD Comments on Proposed Condition 4 As proposed by City of Englewood staff, Condition 4 reads as follows: "In the event the ftuling facility is not operated for /ruling or any other permitted use for a period of I year, the applicant shall be required to remove theftul pumps, lcios/c, canopy, air pump station, and underground tanks. and restore the site to paved parking use. This period may be exteruud up to an additional 180 days, for cause, following review by the Director of Community Development. " It would be Safeway's strong preference that it not be arbitrarily singled out by a requirement to completely remove a major commercial investment simply because it might not be utilized for some designated period of time. The new fueling facility and associated improvements represent a major investment in the property on the part of Safeway. Obviously, this sort of investment is not made lightly, and Safeway hopes to operate the fueling facility as apart of its store for the long haul. Safeway will act in its own best interest without City oversight, including a desire to offer its customers the most convenient shopping experience possible. If Safeway cannot operate the fueling station or cannot lease the facility to a compatible tenant, there would be sufficient internal motivation to return the fueling site to parking anyway, without any mandate from the City. The concept of a "go dark" clause being included in the approval of any commercial (or residential, for that matter) development seems to be somewhal arbitrary and unnec:euary, and extremely punitive. It is unlikely that an office building or vacant tenant space in a retail development would be required to be removed in the event that it ia not used for some period of time. Certainly, the former Phar-Mor drug store in the City's cenb'al busioeu dialrict wu not required to be razed, and it has sat unused for quite a period of time. A major inveslmCllt of over a half-million dollars should not be required to be swept away due to uncertain economic times or the fact that the conduct of commercial business transactions simply do not take place in a very short period of time. And it is likely that any requirement to completely remove unused commercial facilities will ultimately result in a major reluctance on the part of the business community to invest in the community at all. The retail fueling business is extremely dynamic, and it is always possible that the "hypermart fueling" concept might evolve in multiple directions in the future. Given this uncertainty, it is imperative to have flexibility in the form of the ability to subleue facilities UJJJoc convert them to other beneficial uses . Such changes do not take place quickly . Therefore, any requiranent to destroy a facility due to its being inactive for some period of time, if deemed neceuary and constructi vc, must provide a sufficient period for such things u the sale or leue of the facility. A six-month period is simply not a sufficient period of time for this. We believe thal a one-year .. • ' .. • • period of inactivity, with a possible extension of an additional 180 days, does provide sufficient surety and flexibility to Safeway in the event its operation of the fueling facility faces changes in the future. However. we question the need for any such condition. Comments on Propoaed Condition 5 As proposed by City of Englewood staff, Condition S reads u follows: "Sign #4 on Sheet PUD-7 shall be reconstrvcted or replaced. This sign shall not acud 100 square feet (per face) in total area and .rhall incl11U a maximrun of 50 ,quarw fut for o/f-pmnue advertising for retail bruinus tenants of The Shops at Hampden and Logan." It is felt that this wording is accurate in conveying the intent of the discussion surrounding the accommodation of additional signage area to serve The Shops at Hampden & Lopn tenants at the comer of US 285 and South Logan Street. However, there are a few clarifications that are requested: • "Reconstruction" includes the ability to retain the existing sign in its present form, but with the addition of the off-premise advertising . • The overall signage for the PUD area should be increased to a total of 440 square feet to reflect the fact that a portion of the comer sign will be allocated to off-premise Mhertilina. • The actual confi1UJ'111ion of this sip ia not determined. It ia quire pouible that Ibo lip would be removed and replaced. and that the new sign mi&ht be of a very cliffenml style. e.g., an "L-shaped" configuration. In the event that the sip mi&ht be reconattucted in ID "L" configuration, it is suggested that each of the faces still be permitted to haw ID .,. of up to 100 square feet. All standard City of Englewood aignage reau)adona not in conflict wilb Ibo above -noted exceptions or the overall signage plan, u shown on Sheet PUI). 7, lhall apply. • Safeway is required by the Condition to provide up to 50 square feet per face for off-paemiae advertisement. However, Safeway shall not bear the responsibility of either CODltnlCtin& or administering the off-premise signage . OIIDINANCB NO._ BEIUES OF 2002 BY AUTHORITY IOtJNCIL 11111, NO. • INTRODtJCl!bBYCOUNCIL .«DCB .. OLOSYN AN OBDINAHCB APPROVING THE PLANNBD UNIT DEVELOPMENT (PUD) Pcit THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN '1'1111 cm OP JINGUIWOOD, COLORADO. WHEREAS, Dan Clayton, Safeway, Inc. submitted Tbe Shops At Hampden & Logan PUD application to rezone the Safeway, Inc. property &om B-1 Buaineae Diltrict to a Planned Unit Development (PUD) to permit the additional principal uae of a fueling facility; and WHEREAS, the subject site ia located at the northwest corner of the intersection of South Logan Street and US Highway 285 and ia compoeed of 4 parcels totaling 4.33 acres; and WHEREAS, the site contains the Safeway grocery store, built in 1984, and required parking; and WHEREAS, the ahopa to the north of the parkiq area are not part of the propoaed PUD, however the PUD site does contain 54 parkiq apacea for theee buaine-• per a previous parkiq asreement; and WHEREAS. the 1979 Comprehensive Plan identifies the ute aa part of the Central Buaineaa Diltrict or downtown area; and WHEREAS. the propoaed fuelinc facility in the aoutheaat corner of the site iD.dudee aix (6) multiple product diapenaen (12 pa pumps), an attendant kioak, and air pump station, with a 106' by 46' canopy that ia 20' hich proposed over the pumps and lrioek; and WHEREAS, the propoaed fueling facility ia to operate on a 24-hour baaia with an attendant available duriq typical Safeway ,tore houra (6 am to midnicht); and WHEREAS, the application requeata re:roniq &om B-1 Buaineaa Diat.rict to a PUD to allow the addition of a fuelinc facility aa a permitted principal UN and a aeaaonal garden center aa an acceaaory use to the 1tandard B-1 sone uaea; and WHEREAS, fuelinc facilities (service 1tationa) are not a permitted use in the B-1 Bueineaa District; and WHEREAS, the Enclewood Plaaninc and Zonins Commiaaion held a Public Hearinp on May 7, 2002, JUDI 4, 2002, JUDI 18, 2002 and July 2. 2002 heard teatimony and reviewed the application; and WHEREAS, the En,lawood Plaaninc and Zanini C-ommiaaion nccmme~ approval with additional conditions to the PUD; -1- // lrt t .:.., .. .. • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $m;tign 1. The Planned Unit Development attached u "Exhibit A· for The Sbop1 At Hampden & Lopn PUD at the location of northweat corner al the intenedion of South Lopn Street and US 2811 ii hereby approved with die foDowinc conditiona: 1. Refueling tanker track acceu to the lite aball be only from South Sherman Street aCCH1 via U.S. 2811, and aball be accompliabed betwNn the houn of 11 p.m. to 6 a.m. 2 . The outdoor garden center acceuory uae aball be limited to the montha of April through July, aball not utilia mon than 20 parkiq apacea, and the layout aball be conliatem with the PUD propoaed lite plan. 3 . The ahrubbery betwND the aidewalk and South Lopn 8tnet aball be of one apeciea, c:onliatent iD heipt and width at maturity, and ab.all not be of a apec:iea that will WWWjivW the lidewalk. A Burnins BUib apec:iN ia aua-ted-Further, ahrubbery and landampins Prosic-d on the wNt eide al the liclewalk ab.all be moved further wNt up the elope to provide more 11'811 cloaer to the lidewalk. Introduced, read iD full, and puaed on fint readins OD the P day of Aucuat, 2002. Publiabed u a Bill b an Ordinance on the 9th day al Aupn. 2002. Public beariq held OD the ~ day of September, 2002. Read by title and puaed on &nal readiq on the 16* day al S.,1H1ber, ICIOI. Publiabed by title u Ordinance No. -SeriN al 2002, CID the IOda day al September, 2002. A'M'EST: Loucri.ahia A. Ellia, City Clerk I, Loucrilhia A. Ellia, City Clerk of the City ofhpwood. Calando. benby oartit, that the above and fonFinl ii a true oopy of the Ordilluce p...t OD 6Dal NlldiDI and publilbed by title u Ordinance No. _ Sariee al IDOi. lcwniehie A. mlil -2- I I i BACKGROUND .. 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PARKINC LOT LANDSCAPE PLAN ",, , ~ rwr: »<PS ..,,. ......-.., • ~ ...., -~ SP-J .. -...-..., • , ,· .. 0 ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN AMENDED BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Dan Clayton, Safeway, Inc. aubmitt.ed The Shope At Hampden & Logan PUD application to rezone the Safeway, Inc. property from B-1 Buaineaa Diatrict to a Planned Unit Development (PUD) to permit the additional principal uae of a fueling facility; and WHEREAS, the subject aite ia located at the IIOl'thweat COl'll8I' of the intenection of South Logan Street and US Highway 286 and ia compoeed of 4 parcela totalina 4.33 acres; and WHEREAS, the aite containa the Safeway grocery at.ore, built in 1984, and required parking; and WHEREAS, the ahopa to the north of the Parkins area are not put al the proposed PUD, however the PUD aite d oes contain M parkin, apw far t.bNe buefc 1111 per a previous parkinc agreement; and WHEREAS, the 1979 Comprehensive Plan identifies the aite u put al the Central Buaine1& District or downtown area; and WHEREAS, the propmed fueling facility in the _.tbaut oormr al the aite includn six (6) multiple product diapenaen (12 pa pumpa), an aueadant 1Doak. and air pump station, with a 106' by 46' canopy that ia IO' bicb propmecl over the pwape and kioak; and WHEREAS, the propoeed fue1ing facility ia to operate on a 24-hour baaia with an attendant available during typical Safeway atore houn (6 am to midnipt); and WHEREAS, the applicatiOl\ requeata resoninc from B-1 Buaineaa Diatrict to a PUD to allow the addition of a fue1ing facility u a permitted principal UN and a -1 garden center aa an acceuory uae to the atandard B-1 ._ -; and WHEREAS, fue1ing facilities (•rvice atatiom) are not a permitted UN in the B-1 Busineaa District; and WHEREAS. the Enslewood Plannina and 7.onina Commiaaion held a Public Hearinp on May 7, 2002, June 4, 2002, June 18, 2002 and July I, IOOI bNrcl teetimony and reviewed the application; and WHEREAS , the Ensk ood Plannina and 7.ooins Comwiaaioa waendecl a pproval with additional conditiooa to the PUD; -1 - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Planned Unit Development attached as "Exhibit A• for The Shope At Hampden & Lopn PUD at the location of northweat corner of the intenection of South Logan Street and US 285 ia hereby approved with the following condition&: 1. Refuelmc tanker truck 8CllNII to the aite aball be only from South Sherman Street 8Cl'lll88 via U.S. 286, and aball be accompliabed between the houra of 11 p.m. to 6 a.m. 2. The outdoor prden center acceaaory UN aball be limited to the IDClllthe of April through July, aball not utiliae more than 20 parking apacea, and the layout ahall be conmtent with the PUD pJ'Ol*9Ci aite plan. 3 . The abrubbery between the sidewalk and South Lopn Street aball be al one apeciea, conaiatent in beipt and width at maturity, and aball not be al a apeei88 that will Oftlpow the eidewalk. A Buminr Buah apeciea ia ......,.._ Purthar, ahrubbery and landa<-PUii propoaed on the wwt aide al the aidewalk aball be moved further weat up the alope to provide more pua elmer to the aidewalk. 4. In the avent the fuelins facility ia not oparated far fuelins ar any ot.ber pennittlacl uae far a period al ... (1) JNl', the applicant aball be requincl to ..._ the W puape. kioak. canopy, air pump a&atiaa. and underpouad tub, and rNtGn the -to paftd pum111 '-· 'l'llil period may be extended up to an aclditiaaal 180 daya. far ca-. followms review by the DinctGr al Community l>eftlapmmt. &. Sip #4, 88 illumated on 8heat PUD-7, aball be ~ ar replamd. Thia lip aball Id UCNd 100 aquan fe e t (par r.ca) in tou1 area and aball illchade a muimum al IIO aquare ht far o«-preaiaa adwrtiliDc far retail buaiMN tenant& al Tbe Sbopa at Haapdn and Lotan , Introduced, read in full, and pUNd on &nt readins on the ~ clay al Ausun, IOOI . Publiahed aa a Bill for an Orclina.-OD the Ida clay al A..-, IOOI. Public bearinc held OD the :J" clay al Septnaber, 200I. Read in full, amended, and pwd 88 aa•ndecl on the 1• clay alS.,ha'Dar, 2002 . ·2· jl l l ! ~ I I 11 aH ! r l , . . . C . ll J pi , i r; }i l l ' r · · · . I c1 • f a . m I l• · i ,, rt • (l } i ~ ' ; w • - I nl · 1i J · f ' fl ni 'I , ,. . , 8 ~. • 1I I . . J . . ' ' . f ' ' , lm J ,. ~ .. ' t tf r , f a. ~; 1 • , ' f ,, ~ , • ~ { fa . . . Transmittal To City of Englewood Address Comnamity Development Department I 000 Englewood Parkway Englewood, Colorado 80110 Attention Lou Ellis, City Clerk Hand delivered by ,,...,_al7-2002 Tranamllted Summa of enclosed mamrlal• Quant. Sheet No . Deec:rtpllon Galloway, Romero & Aaaoclatn 53eo OTC Parkwily, Gl..wwoad \lllage, CO 80111-3008 (303) 770-8884 (303) 770-3838 FAX Date 17 September 2002 ..,. Project Safeway Fueling Facility 3S75 South Logan Street Proj. No . SA42GRA Re . PUD Plan Set for Publication FIie Code 2 I'),; -, -~--------------- -------------------~--------------- ------------- -------------------------------------....-· ------------ Remarks C I to op,es Attention Tr8lllffllllal Dellver9d by Onlv a G RA File # SA42 , 2.12 .6 D a Tricia Lanaon. Comnunity Devclcannil D D ~ ' -IND .. ...., ________ ..,.......,._~--____ ..., _______ .. _____ ____ ___ ...,. ____ ...,. _____ .... __ _______ ... ...,.. _ _..... __ _ _________ ...., ______ _ ·--·-----~--------..--------. ------..... -~-.......... ----·----.--------------.... ----------·-·--==:.::::::: ....... ------...... -·-------·~-.... -·-·· ::-:. ~-=.: :-.:.--:.. -=---..:.:-.:: .:.-.:=. '-.......... ..._ _.,... ___ __ .. .._ ........ _._.. __________ ..... ---~-----·-----_____ .. ._ __________ _ .. , ____________ _ ·--·--~----·----·--l~-:; =--:.:.1:"::' = -u __ .....,_ ___ _ : :?-.: .:.---- ,, ----------:.a.-=:.-=--=:.===.-:.... ~~~==-___ ~-------§--;;~-==-:=-..::~::::: ll~--- .. _____ __.. ~§:t~--:=-::'-----------gg~·-= 1~----·--:===.-.::-.. -------··------· ------·- THE SHOPS AT HAMPDEN & ·--==-·---~:,:r,.::----~:-:-.:--=a::==.,-~s;~'=~-=--·-==·--··._,-;"W' ·--.·-=' ....... -..-.-·-· --·-........ --~..:m.:.i!H=!!:i:.:-:=ar-== .. 4 at.nm.·-- ----------------------=.·.~1-------~-------- , ______ ... ..__~---- ------... w-n•'"'w_,w----.--------- -.w-n•.,.w-w--•w-rw---------- -.w-wrw--------------- ~!J.M'Jla~ ------·---~.JP.!t. ... ,.. _-------___ ..__. _____ _ !51-.:IV~"Kalll\V' ----·-· ... ·-· -------·---·----·--.--.c..__.....__._ .. _____ .. ___ ..___ -·-------- WWW ---.•. -----·----------------------------... ---- I ' I ' I .. 4 l!l;;M' -- ' I ' ·-1! I ! • 1 ..... -~----·-----------------' --·----. ·I ' I -----------------------.--=== ' I ·-I I . ..... ----1 1 i --·-----------------. --·-----.. , ---------------------. I --.--=== I ' I ' . .. I u I ·-I -·~ ---·---------...... ·-· .....,. ___ _ ·aw- ii+l!lll I i i i i i i I i I ! I ! I .i i i i i i i I i i 5;.23' -------- /> / / / / / / / / / / / r / I 11 i \ I I Ii Ii .. 4 -------l!IM -- ... ,.. ,,,,--- .... --' ' I i I .. 4 ..... -- --·-·----·---------------------------·-----·---------------~---------------------·----- ~-1 N 4 l!liM' --.... ==~ ..... -.. ---- ·o -·-- 1/18 ----. :;:.. __ _ 0 ---...:.-- 0.. -----~--- ~--··----·- "'9!'!.. --·----·- ---::-===---- I~ .. 4 1!lil!I' ~ . -- ~ . I I I . ~ I \ I i----..... :::. I _ .. ...... r ---~ --Jll11,1 ti 11 ,, ,, ,, t + t + + II,&-- Ii I I I I I .. 4 ~ -- •. -i&.li.Wi.•- 1-.in.~';,..., ...... ·------· ·===:.:: --· =-··---&ml ·a~ ·------____ ,_ ·1==-.::=--====··-I-·------·----·-___ _ ..,.,. __ _ I:::-.:..----·-------r-m·•1 •====-~=-=----1---·--------·-----·---·· I~.:.=---=·--··---·-:~:-~~.:.== ~I :!~W&W t • 1 I -"'··--·-~ ~---·---·-··--------... ·---·-.... ..... _._, ____ _ ... ___ _ ·=-~-=.-·-·--.. -···-. ._. ___ _ ·-------.. ,_, __ •~-----·---·--·-------- .. _. • ------.... -.•. ·-- 0 ---. ---°'-----~--- ~! ---··--\.~--- ...... ~w:. .. -• _,., .. COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: DRCOG Transportation September 16, 2002 11 ci Improvement Program (TIP) Additional Funding INITIATED BY: STAFF SOURCE: Community Development Lauri Dannemiller, Senior Manager COUNCIL GOAL AND PREVIOUS COUNQL AQION; No previous action has been taken on this matter. RECOMMENDED ACTION; Approval of a resolution to apply for funding to implement the Englewood Circulator Shuttle from an additional pool of funds available for FY2003 Transportation Improvement Program (TIP). BACKGROUND; Past communication on the Circulator Shuttle has involved developing a partnership with RTD for joint operation of the service. If funds are available, RTD has traditionally matched local government contributions to support alternative seNice provisions. However, RTD recently notified the City that over the last 3 months they have pared 332 miUion dollars out of their 2003· 2008 transit development plan (TOP) due to the downtum in revenue. Part of this process induded removing funding for new services/expansion until 2008. As such, the only new RTD services that will be added must be accompanied by reductions in existing M!fYice in order to free up resources to support the new service. This is obviously an unfavorable environment to request new local service . Although they did not say that no new service would be added, it is unlikely that this funding source has any potential. Thus, application for alternative funding sources for the Circulator Shuttle is underway. The Colorado Department of Transportation (COOT) notified DRCOG late in the 2003-2008 Transportation Improvement Program (TIP) preparation process that a significant amount of additional funding was available for allocation to projects. Since project sponsors had been notified of limited funds at the beginning of the TIP development process, and limited their submittals accordingly, a supplemental project selection process will be conducted this fall to provide an additional opportunity to submit projects . The Transportation Improvement Program (TIP) identifies the priority federally funded hiat,way, transit and alternative mode transportation improvements and management actions expected to be completed by the Colorado ~t of Transportation (COOT), the Regi~ Transportation D istrict (RTD ), local governments, and other project sponsors over a six-yev time period to implement th e Regional Transportation Plan (RTP). The draft of the supplemental process project sel ection is sc heduled for November 4 with DRCOG Board action scheduled for December 4. FINANCIAi. IMPACT This grant request requires 20% matching funds for project eligibility. Revised shuttle estimates of $278,300 operational costs and $52,000 vehicle lease costs, require a match of $66,060. Community Development has requested $75,000 In the 2003 budget to cover the cost of matching grant request appllcatlons. YU Qf AJTACHMENJS Proposed Resolution • A~AU'l'llmlZDIGAPPUCAtDr roa•-w fltAlfflPORTATION IMPROVEMENT PROGRAM. WHEREAS, iD the TramportatiaD Equity Act (TEA-21) MmapalitaD P1.umiDs Orpnisationa haw the reepoaaibility to defflop and .,,_ the 'l'nmportatiaD lmpl'Oftment Prosram (TIP); and WHEREAS, die TIP pqram identiAN the bisbN& priority projecta aubmitted by Colorado Department of Tranlponation (CDOT), Repmal Tramit Diatrict (RTD), and Joc:al juriadictiona to be implemented -the nnt m ,-n; and WHEREAS, additional fundinc ia available b new projec:ta iD the 2003 to 2008 TIP; and WHEREAS, a minimum of twenty percent (20'6) match ia required by the Joc:al ape,-. and WHEREAS, the p ..... al.tu BNolution will autboria the City of Bnc-woocl to aabmit applicationa on behalf of the citisena of the City of Bn,lewood far 2003-2008 'l'ranapartatian lmpnlftmem Prosram b the IDDowinr project: Ensle,rood Circulator Shuttle; NOW, THBRBFORE, BB IT RESOLVED BY THE CITY COUNCU. OP TRB cm OP ENGLEWOOD, COLORADO, THAT: SectiOP 1 Tbe City of Bnslewood, Colando ia banby a...__. to a» the applicatiaa far the 2003-2008 Tranapartat;ion lmp!'Oftlllent Pqram. Section 2 Tbe Mayor and City Clerk are autbariwl to aip and au.t the application far and OD behalf al.the City Council and the City ofBapno4, ADOPTED AND APPROVED thia UP• ~ al. Septamber, 2IOOI. ATTEST: 8"vly J. Bndahaw, Mayor Loucriabia A Ellia, City Clerk J, Loucriabia A Bl1ia, City Clerk far the City al. .......... Ccllanm, ._..., aatity the above ia a true copy of BNolution No.__, SeriN al. lOOI. loncrirhia A. lllil COUNCIL COMMUNICATION Date September 16, 2002 '"' INfflATtDBY Public Works Agenda Item 11 C ii COUNCIL GOAL AND PRMOUS COUNOL ACTION Subject Resolution authorizing the application for the 2003-2008 Transportation lmorovement Protuam ffiP) STAFF SOURCE Ken Ross, Director of Public Works Council passed a resolution authorizing applications for the 2003-2008 Transportation Improvement Program (TIP) in February of 2002. RECOMMENDED ACTION The Public Works Department recommends that Council authorize applications on behalf of the citizens of the City of Englewood for the 2003-2008 Transportation Improvement Program the following project: Big Dry Creek Trail--¥rogress Parle to Lehow Avenue And that City Council authorize the May~ o sign the application and the City derk to seal the applications and to certify that the City of Englewood will commit the required matching funds for any projects that are approved by DRCOG and Incorporated in the 2003-2008 TIP. BACKGROUND, ANALYSIS, AND AlltRNATIVES IDENTIRED In the Transportation Equity Act (TEA-21) Metropolitan Planning Organiz.ations have the responsibility to develop and approve the TIP. The program identifies the highest priority projects submitted by COOT, RTD, and local jurisdlcdons to be implemented over the next six years. A minimum 20 percent match is required by the local sponsor, and in some cases a greater match is proposed in order to help the project score, or if the project costs exceed the limits established by the MPO. There are over SO jurisdictions competing for available funding. DRCOG has informed us that additional funding is available for new projects in the 2003 to 2008 TIP . As a result they have created a supplemental TIP project selection process. However, the only projects that are eligible for the supplemental TIP, are projects that can be designed, necessary right- of·way acquired, and advertised for bids by August 1, 2003 . The South Suburban Trails Foundation believes the Bis Dry Creek Trail segment from Progress Parle to Lehow Avenue will meet the supplemental TIP criteria. and have requested that the City of Englewood submit a TIP application for this project FINANCIAL IMPACT Ther e is potentially $131 ,2 00 of matching funds bein1 committed should the applatlon score high enough to be incl uded in th e 2003-2 008 TIP . Englewood has previously provided South Suburban Trails Foundation $50,000 toward this match in 2002, and the Foundation has requested that we provide an additional $50,000 In 2003 . By agreement that will be the extent of our match obligation for this project Project Total Cost Dollars Budgeted Required Match Big Dry Creek Trail-$656,000 City-$50,000 in 2002 $131,200 ,Progress Park to South Suburban-$120,000 Lehow Avenue State Trails Grant-S 195.000 UST OF ATTACHMENTS Resolution Authorizing the City of Englewood TIP Application alll>l.U'nON MO. - SERIES OF 2002 ~woumoN AtmlOBIZINO APPUC&ftON JOB 'l'D IIIOI - TltANS1»oRTATION IMPROVEMENT PROGRAM. WHEREAS, in the Tramportation Equity Act (TEA-21) Metropolitan PJanninc Orpniutiona have the reaponaibility to develop and approve the Tranaportation Improvement Prosram (TIP); and WHEREAS, the TIP p!Op'Ul identifiee the bipeet priority projecta nbmittecl by Colorado Department of Tranaportation (CDO'i,, ltelional Tramit Diat:rict (RTD), and local juriacli.c:tiona t.o be implement.ed emir the nut m :,ean; and WHEREAS, additional fundinr ia available i,r new projecta in the 2003 t.o 2008 TIP; and WHEREAS, a minimum of twenty percent (20%) match ia required by the local.,_; and · WHEREAS, the pueap of thia Remlution will autboria the City of Eqlewood to aubmit application.I OD behalf of the cimem of the City of Ens)ewood for 2003-2008 Tranaportation Improvement Prosram i,r the 6:lllowina projec:t: Big Dry Creek Trail Comtruction, Jtrosr-Park to lAhow Aftllue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TBB CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. The City of Enpwood, Colarado ia Mnby autbarmcl to &le the applicatian for the 2003-2008 Tranaportation Impnmtment Prosnm. Sertim 2. The Mayor and City Clerk are autbarmcl to mp and a&t.N& tha application i,r and OD behalf of the City Council and the City of Enpwood. ADOPTED AND APPROVED thia 16* day of September, ZOOI. ATTEST : 8-ftrly .J. Bndabaw, Mayor Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellia, City Clerk fir the City of Eqlewood. Colando, Mnby --tba a bove ia a true copy of Ruolution No.__, SeriN of IOOI. - • ~ ~ {!£ 9/3/6-2--~ 0 (J V v - ---~ -' ~~ /l#1AA ---- ' • • -- • • ---... ----------~ --.__ _ _... ......._~_ .. -~ -... ----~-------i ' --~-____________ , :~-i-dh~ ---~-------~--~--~ /')'9)---~ -d/'75;~ -&-~ - g-~- • • u 0. ....... ------------ ------~ ' : . ·. • • -~ 0 /2 /t • I . --- t • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 16, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, co 80110 1. Call to order. {?:$:;._~ 2. Invocation. n~ 3. Pledge of Allegiance. ~ 4 . Roll Call. '7 ~ 5. Minutes. ~ :1) a Minute, from the -Oty Council Meeting of-3, 2002. ~ 6. Scheduled itors. ~t your ~~ta}fj_''?.}en tes.) · ort~u lion be d ress City Council regarding the expansion of the Littleton Advent! nd how it benefits residents of Englewood. 7. ~led Vi,;...,, (Ae.,. llmit '°"' ,-entation to five minu ..... ) ,.,.~-· J ._."-~ , fr-n _ '1. /(/i,A/ 1/0L..l,A-A} 1J -~./}jt, Mt=.f/~ ., IA/ Fll,t. •11, ~T~ ~ • 'T:)l/$ ~ . 8. Communications, Proclamations, and Appointments. ~ ~ A,/ ~ A proclamation declaring October, 2002 as Crime Prevention Month. -.. 9 . Public Hearing {#?; ~e~licin~u;;:~! 1otfl~A~nt, -~ fl :W ~/ 0ro;,anre, oa Fi<st Rea,Has --.~~~~v tl.flld 'i . ; , Approval of Ordinances on Second Reading. f>/ltJ ~-Council Bill No. 44, authorizing a Joint Use Agreement for the City Ditch -with the Colorado Department of Transportation. c. Resolutions and Motions. g-- 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. of the moratorium on new residential construction i northwest Englew . STAFF SOURCE: _!!!m I.up, Senior Plan er. - Council BjH No 47 -Recommendation from the Community Development "Department to adopt a bill for an ordinance approving a six-month exten~·on ii. Council Bill No. 45 -Recommendation from the Utllitl Department to aclopt a 6111 for an ordinance authorizing a sewer rate inaease for Bi-City fl"" d Wastewater Treatment Plant Improvements and recommendation to set ?-0 October 7. 2002 as the date for a Public Hearing tp gather ~J>~ ~~t ~n This issue. STAFF SOURCE: John Bock, Utilities Manager •• VV ~ b. Approval of Ordinances on Second Reading . . t ... .,. .. . . • • ;nglewood City Coundl Aaenda I • 1 . ' -~ J~ ~·~-~ppµ·rr-· ,J • ii. Recommendation from the Department of Public Works to adopt a Ji., ,/ resolution authorizing an application for additional fund-n from the FY2003 l/: , Transportation Improvement Program for the Big Dry C I feet. STAFF SOURCE: Ken RO!!, Director of Pubic Wotli 12. --(Jll ,., UA:>-'-.riLI{) ~ I General Discussion. '"'TV 'Jf/n ,.:; //R))t.JJIJ a. Mayor's Choice. In~ )~.~~~ ~-IT~~ b. Council Members' Choice. 13. City Manager's Report. 14. City Attorr;o> Report. ~ Adjournment. ~:7f) ~ ) 'r). 3 The following minutes were transmitted to City Council between August 30 • September 12, 2002: Englewood Public Library Board meetings of July 9 and August 13, 2002 • Englewood Cultural Arts Commission meeting of August 7, 2002 • Englewood Parks and Recreation Commission meeting of August 8, 2002 • Englewood Planning and Zoning Commission meeting of August 13, 2002 • Englewood Water and Sewer Board meeting of August 13, 2002 l'lwellOtr. .,,_._.,......, ... __....._, ............... ._._CllrelF I ... (303-762-2405)11 .......................................... ,...